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Carlos Maury Law
Former Immigration Judge
(213) 769-0050

Immigration FAQ

Immigration questions, answered by practice area

Short answers to the ten questions people ask us most, then more questions grouped by practice area, each linking to the page where it is answered in full, with the official sources behind the answer.

Reviewed by Carlos Maury, former U.S. Immigration Judge. Last reviewed: .

Frequently asked questions

What happens at my first immigration court hearing?

The first hearing is usually a short master calendar hearing, often with many other people scheduled the same morning. The immigration judge explains your rights, confirms your address and asks whether you admit or deny the charges in the Notice to Appear. If you do not have a lawyer, the judge will usually give you time to find one. An interpreter is provided. Bring your Notice to Appear, identification and any immigration papers.

What should I do if I missed my immigration court date?

Act right away. If you miss a hearing, the judge can order you removed in your absence (an in absentia order). Under 8 U.S.C. 1229a(b)(5)(C), that order can be reopened by a motion filed within 180 days if exceptional circumstances caused the absence, or at any time if you did not receive proper notice of the hearing. The rules are strict, so check your case status and speak with a lawyer quickly.

Can my family member get a bond if ICE detained them?

It depends on the person's history and how they entered. Under 8 U.S.C. 1226(a), ICE or an immigration judge can release many detained people on bond, usually after weighing flight risk and danger to the community. Others are held under mandatory detention, for example under 8 U.S.C. 1226(c) for certain criminal offenses, and some people who recently arrived cannot get a bond hearing. Who qualifies for bond has been contested in the courts, so ask a lawyer to review the specific case.

How long do I have to apply for asylum?

In general, you must file for asylum within one year of your last arrival in the United States (8 U.S.C. 1158(a)(2)(B)). The law allows a late filing if changed or extraordinary circumstances explain the delay and the application is filed within a reasonable time after them. Two related protections, withholding of removal and protection under the Convention Against Torture, have no filing deadline, but they are harder to win and give fewer benefits.

Will a criminal conviction affect my immigration status?

It can. Some convictions make a noncitizen deportable or inadmissible, or block relief such as cancellation of removal, asylum or a green card. The result depends on the exact statute, the record of conviction and the sentence, and a conviction can still count for immigration purposes after an expungement. If you face criminal charges, speak with an immigration lawyer before you accept any plea, because the plea itself can decide the immigration outcome.

Can I get a green card if I entered the U.S. without inspection?

Sometimes, but it depends on your facts. Adjusting status inside the United States under INA 245(a) generally requires an inspected entry or parole, so most people who entered without inspection cannot use it. Exceptions include INA 245(i) for certain people with a petition or labor certification filed by April 30, 2001, VAWA self-petitioners and some other groups. Others may be able to process abroad with a provisional unlawful presence waiver. A lawyer should review your history first.

How do I check my immigration court case status?

Use EOIR's Automated Case Information portal at acis.eoir.justice.gov, or call EOIR's automated line at 1-800-898-7180. Both are available 24 hours a day, in English and Spanish, and ask for your A-number (Alien Registration Number), which is printed on your Notice to Appear. They show your next hearing date and court, and whether a judge has decided your case. If the information looks wrong or is missing, contact the court or a lawyer.

Can I work while my immigration case is pending?

Only with a work permit (Employment Authorization Document), and eligibility depends on the case. Under the asylum work permit rules (8 CFR 208.7), a person with a pending asylum application can generally apply once 150 days have passed since filing a complete application, and the permit generally cannot be granted before 180 days; delays you cause stop that clock. Green card applicants can usually request a work permit with Form I-485. The rules change, so check the current USCIS instructions for Form I-765.

Do I need a lawyer for immigration court?

You are not required to have one, but immigration court is an adversarial process in which a Department of Homeland Security attorney represents the government. Under 8 U.S.C. 1229a(b)(4)(A), you have the privilege of being represented by a lawyer of your choice at no expense to the government, which means the court does not appoint one for you. EOIR publishes a list of pro bono legal service providers. Only lawyers and accredited representatives may give legal advice; notarios and consultants may not.

How do I talk to a lawyer about my case?

Call our office at (213) 769-0050 or use the contact page on this site. We represent clients in immigration matters in all 50 states, by video. Have your Notice to Appear, your A-number, any court or USCIS notices and the date of your next hearing ready, because deadlines in immigration cases are short. Reading this page does not create an attorney-client relationship, and these answers are general information, not legal advice.

Comparisons and your rights

Guides to the difference between two paths that are often confused, and what to do if ICE comes to your door.

  • Asylum vs. withholding of removal vs. CAT protection — Asylum, withholding of removal and protection under the Convention Against Torture all keep a person from being sent back to danger, but they have different tests, deadlines, bars and results. This guide puts the three side by side.
  • Adjustment of status vs. consular processing — Both routes lead to the same green card: adjustment of status is decided inside the United States, consular processing at a U.S. embassy or consulate abroad. For someone already here, how they entered and what leaving would trigger usually decide which route is open.
  • Immigration bond vs. parole — Bond and parole can both release a person from ICE detention while the case goes on, but they rest on different laws, are decided by different officials and are open to different people. Here is how each one works and how to tell which applies.
  • Deportation vs. voluntary departure — A removal order and voluntary departure both mean leaving the United States, but the consequences differ a great deal. Here is what each one is, the conditions for voluntary departure before and at the end of a case, what happens if you do not leave on time, and why to get advice before agreeing to either.
  • Know your rights if ICE comes to your door — A knock from immigration officers is frightening, but the law gives you rights at your door and after an arrest. This guide explains, calmly and with official sources, what you can do, what you should never do, and how to prepare your family.
  • Los Angeles immigration courts, ICE and Adelanto: what to do — Where a Los Angeles immigration case is heard, which ICE office handles arrests and detention, how Adelanto works and what a family can do in the first days after an arrest, from official sources only.
  • How to read USCIS processing times — The USCIS processing times tool shows how long the agency took on cases it already finished, not when yours will be decided. This page explains how to read it, how to check your own case status, and what you can do if your case seems delayed. It is general information, not advice about a particular case.
  • How to read the Visa Bulletin — The State Department's monthly Visa Bulletin shows who may move forward in the line for numerically limited immigrant visas. This guide explains priority dates, the bulletin's two charts, and how to read them step by step. It is general information, not advice about a particular case.
  • Am I in removal proceedings? A self-check — Many people are not sure whether they have a case in immigration court. Answer four short questions below. Each answer takes you to a short explanation, with links to the official sources, of what your situation may mean and what to do next.
  • Self-check: the one-year deadline to apply for asylum — Most people must apply for asylum within one year after they arrive in the United States. Answer five short questions to see which part of the law may matter to you, with links to the official rules.
  • Could a conviction affect my immigration status? A self-check — If you are not a U.S. citizen, an arrest, a plea or a conviction can affect a green card, a visa or a future citizenship application. Answer five short questions to see which parts of the law may matter to you, with links to the official text.

Printable document checklists

One list per case type of the documents the official USCIS, EOIR or ICE instructions ask for.

Deportation and immigration court

For anyone with a Notice to Appear, a hearing date or an old removal order.

All questions and answers on the Deportation defense lawyer page.

Asylum and protection from return

For people who fear returning to their country.

All questions and answers on the Asylum lawyer page.

Arrests, convictions and immigration

For noncitizens facing a criminal charge or living with an old conviction.

All questions and answers on the Criminal immigration lawyer page.

Family green cards

For spouses and relatives of U.S. citizens and permanent residents.

All questions and answers on the Green card lawyer page.

ICE detention and bond

For families of someone held by ICE.

All questions and answers on the Immigration bond lawyer page.

U visas and VAWA

For victims of certain crimes and of abuse by a U.S.-citizen or resident family member.

All questions and answers on the U visa & VAWA lawyer page.

Waivers of inadmissibility

For people whose past immigration history stands between them and a green card.

All questions and answers on the Immigration waiver lawyer page.

Appeals and motions to reopen

For anyone who lost in immigration court or missed a hearing.

All questions and answers on the Immigration appeals lawyer page.

Citizenship and naturalization

For permanent residents thinking about applying for U.S. citizenship.

All questions and answers on the Citizenship lawyer page.

Official sources

Related services: Deportation defense lawyer · Asylum lawyer · Criminal immigration lawyer · Green card lawyer · Immigration bond lawyer · U visa & VAWA lawyer · Immigration waiver lawyer · Immigration appeals lawyer · Citizenship lawyer