Immigration Questions,
Answered.

A green card (Permanent Resident Card) grants you the right to live and work permanently in the United States. You may qualify through:

• Family-based: Sponsored by a U.S. citizen or LPR spouse, parent, child, or sibling
• Employment-based: Sponsored by a U.S. employer
• Refugee or Asylee status
• Special immigrant categories: Including religious workers and special immigrant juveniles
• Diversity Visa Lottery

If you are married to a U.S. citizen, you are an "immediate relative" with no annual visa cap. The process typically takes 12 to 24 months depending on USCIS processing times and whether you apply from inside or outside the U.S.

If married to a lawful permanent resident (not a citizen), the wait can range from 2 to 5 years or more depending on your country of birth and visa availability.

Adjustment of Status (AOS) is the process of applying for a green card while remaining inside the United States by filing Form I-485 with USCIS. To be eligible you must generally have entered the U.S. legally, have an approved immigrant petition, have a visa number available, and not be inadmissible. Once filed, you can also request work authorization (EAD) and travel permission (advance parole).

Consular Processing is used when the applicant lives outside the U.S. or is not eligible for AOS inside the country. The process involves an approved petition, NVC document collection, and a medical exam and interview at a U.S. Embassy or Consulate abroad. It is also commonly used when someone entered the U.S. without inspection.

Yes. Once you file your I-485, you can simultaneously file Form I-765 for an Employment Authorization Document (EAD). This card allows you to work legally for any U.S. employer while your green card case is pending. The EAD typically takes 3 to 7 months to receive.

If you obtain a green card through a marriage less than 2 years old, you receive a conditional green card valid for 2 years. To remove the conditions, file Form I-751 within the 90-day window before it expires, along with evidence of a genuine marriage such as joint accounts, lease agreements, and photos. If you are divorced or your spouse is abusive, you may file I-751 on your own under a waiver.

Grounds of inadmissibility include: certain criminal convictions, prior removal orders, fraud or misrepresentation, unlawful presence triggering 3 or 10-year bars, public charge grounds, and certain health conditions. Some grounds have waivers available. JCP Law Firm can evaluate your situation and determine if a waiver applies.

To apply you must: be at least 18, be a green card holder for 5 years (3 years if married to a U.S. citizen), have continuous residence, have been physically present in the U.S. for at least 30 months out of 5 years (or 18 of 3), have good moral character, read/write basic English, and pass the civics test.

After filing N-400, the process typically takes 8 to 24 months and includes: biometrics, interview, English and civics test, decision, and Oath of Allegiance ceremony. After the Oath you are a U.S. citizen and can apply for a U.S. passport.

A USCIS officer asks up to 10 questions from a list of 100 civics questions about U.S. history and government. You must answer at least 6 out of 10 correctly. USCIS provides a free study guide with all 100 questions and answers. JCP Law Firm can also help you prepare for your interview.

Yes. USCIS evaluates your good moral character, including criminal history. Certain offenses can bar you from naturalization or trigger removal proceedings, including aggravated felonies, drug offenses, domestic violence, and fraud on immigration forms.

Yes — children under 18 who are lawful permanent residents may automatically become U.S. citizens (citizenship by derivation) when their parent naturalizes, if they are residing in the U.S. in the legal and physical custody of the naturalizing parent. Parents can then apply for a U.S. passport or N-600 Certificate of Citizenship as proof.

The United States allows dual citizenship and does not require you to renounce your home country citizenship. However, your home country may not allow dual nationality. Check your home country's laws before applying — JCP Law Firm can advise you based on your country of origin.

Removal proceedings can be triggered by: entering the U.S. without authorization, overstaying a visa, violating visa terms, criminal convictions, fraud on immigration forms, becoming a public charge, or encounters with ICE or law enforcement. If you receive a Notice to Appear (NTA), contact an immigration attorney immediately.

The judge will typically issue an order of removal in absentia — you can be deported without being present. Your attorney must file a Motion to Reopen quickly, showing exceptional circumstances that prevented attendance.

• Cancellation of Removal
• Asylum — fear of persecution based on race, religion, nationality, political opinion, or social group
• Withholding of Removal
• Convention Against Torture (CAT)
• Adjustment of Status — if eligible for a green card
• Voluntary Departure — leaving on your own terms to avoid a formal removal order

Yes. Certain convictions can make even long-time permanent residents removable, including aggravated felonies, drug offenses, domestic violence, firearms offenses, and crimes of moral turpitude.

For LPRs: Must have been a green card holder for 5 years, resided in the U.S. for 7 years, and not convicted of an aggravated felony.

For Non-LPRs: Must have been physically present for 10 continuous years, have good moral character, and show that removal would cause exceptional and extremely unusual hardship to a U.S. citizen or LPR spouse, parent, or child.

A formal removal order carries 5, 10, or 20-year bars (or permanent) from returning and stays on your record. Voluntary departure allows you to leave within a set timeframe without a formal removal order, preserving more future immigration options. Whether it's right for you depends on your specific situation.

The H-1B visa is for foreign nationals in specialty occupations requiring at least a bachelor's degree (IT, engineering, finance, medicine, etc.). Requirements include a U.S. employer sponsor and a qualifying degree. H-1B visas are subject to an annual cap of 65,000 (plus 20,000 for U.S. master's holders) and are awarded by lottery each April.

PERM is required for most EB-2 and EB-3 green cards. The employer must prove to the Department of Labor that no qualified U.S. workers are available for the position by conducting recruitment steps and documenting the results. The process typically takes 6 to 12 months.

• EB-1: Extraordinary ability, outstanding professors/researchers, multinational managers. No PERM required.
• EB-2: Advanced degree professionals or exceptional ability. PERM usually required unless National Interest Waiver obtained.
• EB-3: Skilled workers, professionals, unskilled workers. PERM required. Workers from India and China often face multi-year backlogs.

Possibly — under AC21 portability you may change employers if your I-485 has been pending at least 180 days and the new job is in the same or similar occupational classification. Changing jobs before 180 days or to a very different field can jeopardize your case.

The L-1 visa is for employees transferring from a foreign affiliate to a U.S. office. L-1A (managers/executives, up to 7 years) and L-1B (specialized knowledge, up to 5 years). Unlike H-1B, the L-1 is not subject to the annual cap or lottery, does not require a specific degree, and requires the employee to have worked for the company abroad for at least 1 year within the last 3 years.

The O-1 is for individuals with extraordinary ability or achievement. O-1A covers sciences, education, business, or athletics; O-1B covers arts, motion picture, or TV. Evidence includes awards, published work, high salary, press coverage, or critical roles in distinguished organizations. The O-1 is a non-immigrant visa but can be a stepping stone toward a green card.

DACA protects certain individuals brought to the U.S. as children from deportation and provides work authorization. As of 2026, DACA renewals are still being accepted for current recipients. New initial applications are not currently being processed due to ongoing litigation.

Asylum is protection for individuals who fear persecution based on race, religion, nationality, political opinion, or membership in a particular social group. Two pathways: Affirmative (file I-589 with USCIS within 1 year of arrival) or Defensive (raise asylum as a defense in removal proceedings). The 1-year deadline is strictly enforced.

TPS is granted to nationals of countries experiencing armed conflict, environmental disasters, or other extraordinary conditions. It allows you to live and work legally in the U.S. and obtain an EAD. It does not directly lead to a green card. Current TPS countries include El Salvador, Honduras, Haiti, Venezuela, Ukraine, and others.

The U visa is for victims of qualifying crimes (domestic violence, sexual assault, trafficking, kidnapping, etc.) who have suffered abuse and cooperated with law enforcement. Requires law enforcement certification. After 3 years you may apply for a green card. There is a cap of 10,000 per year with current waitlists several years long.

VAWA allows victims of abuse to self-petition for a green card without the abusive U.S. citizen or LPR spouse/parent knowing. Applies to all genders. File Form I-360 if you are a battered spouse, abused child, or abused parent of a U.S. citizen. VAWA cases are kept strictly confidential — the abuser is never notified.

SIJ is protection for undocumented children under 21 who have been abused, neglected, or abandoned by one or both parents. It requires a juvenile court order finding reunification not viable and a court finding it is not in the child's best interest to return to their home country. JCP Law Firm handles SIJ cases with the care these children deserve.

While you can represent yourself, immigration cases are among the most complex areas of law with serious life-altering consequences for mistakes. An attorney can identify the best strategy, ensure correct and timely filings, anticipate problems, represent you in hearings, and protect you from notario fraud.

In Latin America, a "notario" is a highly trained legal professional. In the U.S., a notario is simply a notary public — authorized only to witness signatures, with no legal training. Many notarios fraudulently represent themselves as immigration specialists, causing serious harm to clients. Always verify your representative is a licensed attorney admitted to the state bar or a BIA-accredited representative.

JCP Law Firm is committed to honest, transparent pricing. The firm offers a free initial consultation, flat fee arrangements for most matters, and payment plan options. Government filing fees paid to USCIS are separate from attorney fees. JCP will always be upfront about all costs before you commit to anything.

Bring what you have — any of the following helps: passport (current and expired), any visas or I-94 records, green card or immigration documents, any USCIS/ICE/court notices, birth and marriage certificates, documents related to criminal history, and proof of U.S. citizen or LPR family members. Don't worry if you don't have everything.

Yes. JCP Law Firm has offices in Dallas and San Antonio and serves clients throughout Texas. Virtual consultations are also available.

• Dallas: 1140 Empire Central Dr., Suite 110 · Dallas, TX 75247
• San Antonio: 5119 San Pedro Ave · San Antonio, TX 78212