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Frequently Asked Questions.

How long until my visa is available?

Depends on both your country of origin and your group category. For family members, there are two groups of immigrant visas- immediate relatives and family preference categories.
 
Immediate relatives include: spouse of U.S. citizen, unmarried child (under 21-years-old) of U.S. citizen, orphan adopted by U.S. citizen and parent of U.S. citizen who is at least 21-years-old. There is no numerical cap to the immediate relatives and therefore a visa is immediately available.
 
Family preference categories include unmarried sons and daughters of U.S. citizens, married sons/daughters of U.S. citizens, brothers/sisters of U.S. citizens, and spouses/minor children/unmarried sons and daughters of permanent residents. There is a numerical cap to family preference categories. To see the current visa bulletin visit: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html
 
For an individualized assessment of the current timeline for your family member’s visa, consult with a licensed attorney.

Who handles my immigration application?

Applications for immigration benefits in the United States are processed and decided by the United States Citizenship and Immigration Services (USCIS). USCIS is a federal government agency that oversees lawful immigration in the United States. USCIS is one component of the Department of Homeland Security (DHS). USCIS maintains local offices (known as Field Offices) throughout the country to hold interviews, process payments and answer questions in-person. USCIS also maintains processing centers (known as Service Centers) to process and adjudicate applications and payments. Some of the services that USCIS provides: citizenship, family member immigration, work permits, U.S. adoptions of children from other countries and affirmative asylum.
 
Applications for immigration benefits outside of the United States are processed and decided by the Department of State (DOS). DOS is a federal government agency that manages and maintains U.S. Embassies and Consulates abroad. DOS works closely with DHS to receive and process visa applications at Consulates throughout the world. You may encounter DOS when you or a family member applies for a tourist visa, has an interview or needs fingerprints while outside the United States.

Who is inspecting me when I cross the border?

United States Customs and Border Protection (CBP) is a federal government law enforcement agency tasked with security and maintenance of all land, air and water borders of the United States. Sometimes, Border Patrol is confused with CBP however Border Patrol is just one of many functions within CBP. CBP also has air and marine operations, trade and agriculture functions. Like USCIS, CBP is one component of the Department of Homeland Security. 

Who is arresting me?

If you or a loved one is arrested by “Immigration”, you are likely encountering Immigration Customs Enforcement (ICE). ICE is a federal government agency that is responsible for law enforcement within the United States including finding and removing undocumented individuals,  investigating and enforcing lawful employment laws, policing illegal trade of people, goods and technology. If you or a loved one is arrested by ICE, you still have rights guaranteed by the Constitution and options. Contact a licensed attorney to discuss.

Who is arguing in immigration court that I should be deported? ​

Immigration Court (formally called the Executive Office for Immigration Review or EOIR) is a component of the Justice Department. The individual deciding whether or not you will be removed or deported from the United States is an Immigration Judge. The individual who is arguing that you should be removed or deported is a licensed attorney (known as a “TA” trial attorney or “government attorney”) who works for the Office of Chief Counsel (OCC). OCC is a component of Department of Homeland Security (DHS). OCC is tasked with representing DHS as in immigration removal proceedings before the Immigration Court, litigating all cases.

Do I need an attorney? 

This is a personal choice.  Your case is different than anyone else's case because your life experiences are different than anyone else.  If you are wondering if you need an attorney, then you understand the importance of your case. You are not required to have an attorney.

If you choose to use an attorney they are able to provide you guidance on your options, your possible outcomes and prepare you for interviews or hearings with the government. Since each case is different, Schach Law Group offers free consultations to review your case and determine what options you may have available.