FAQ
Frequently asked questions
Twenty of the questions clients ask most often. If yours is not here, ask it during a confidential consultation.
Immigration
Who qualifies for asylum in the United States?
You may qualify if you fear persecution in your home country because of your race, religion, nationality, political opinion, or membership in a particular social group. Applications are generally due within one year of your last arrival, though exceptions exist for changed or extraordinary circumstances.
What is the difference between asylum, withholding of removal, and CAT protection?
Asylum leads to a green card and allows family derivatives. Withholding of removal has a higher burden of proof and does not create a path to residency. Protection under the Convention Against Torture requires showing it is more likely than not that you would be tortured with government acquiescence.
I missed the one-year asylum filing deadline. Do I still have options?
Often yes. Changed country conditions, changed personal circumstances, serious illness, or ineffective assistance of prior counsel can excuse the deadline, and withholding and CAT relief have no filing deadline.
How long does naturalization take?
Timelines vary by field office, but most applications are decided within eight to fourteen months. Where a case is unreasonably delayed, a mandamus action in federal court can compel a decision.
Can I apply for a green card through my spouse if I entered without inspection?
It depends on your history. Options may include a provisional waiver with consular processing, VAWA self-petitioning, or other relief. A detailed consultation is essential before filing anything.
Detention
My family member was detained by ICE. What happens first?
We locate the detainee, review the charging document, and evaluate eligibility for bond or release. Where custody is unlawful or unreasonably prolonged, we can file a federal habeas corpus petition.
How does an immigration bond hearing work?
An immigration judge decides whether the detainee is a danger to the community or a flight risk. Strong sponsor letters, proof of community ties, and a clear release plan materially improve the outcome.
What is a federal habeas corpus petition in the immigration context?
It is a lawsuit filed in federal district court challenging the lawfulness of detention — for example, prolonged detention without a bond hearing. It is separate from the immigration court case.
Removal Defense
I received a Notice to Appear. What should I do?
Do not miss the hearing — an in-absentia removal order can follow. Contact counsel immediately so defenses such as asylum, cancellation of removal, adjustment of status, or termination can be evaluated.
Can a removal order be reopened?
Yes. Motions to reopen may be based on new evidence, changed country conditions, lack of proper notice, or ineffective assistance of counsel. Deadlines are strict, so act quickly.
Appeals
How long do I have to appeal an immigration judge's decision?
A notice of appeal must reach the Board of Immigration Appeals within 30 calendar days of the decision. The deadline is not extendable.
What happens if the Board of Immigration Appeals denies my appeal?
You may petition for review in the federal court of appeals with jurisdiction over your case, generally within 30 days, and may seek a stay of removal.
EB-2 NIW
What is an EB-2 National Interest Waiver?
It allows qualified professionals and entrepreneurs to self-petition for a green card without an employer sponsor or labor certification when their work has substantial merit and national importance.
Do I need a PhD to qualify for an NIW?
No. An advanced degree or exceptional ability plus evidence of national importance and a record of success can be enough. Many approved petitioners are engineers, clinicians, and founders.
Commercial Litigation
When should I sue over a breach of contract?
As soon as the breach causes measurable harm and negotiation has stalled. New York's statute of limitations for most contract claims is six years, but delay weakens evidence and leverage.
My business partner locked me out of the company. What can I do?
We can seek books-and-records access, injunctive relief, an accounting, and where appropriate judicial dissolution or a buyout of your interest.
How quickly can I get an injunction?
A temporary restraining order can sometimes be obtained within days when there is a risk of irreparable harm, followed by a preliminary injunction hearing.
Real Estate Litigation
What is a partition action?
It is a lawsuit that allows a co-owner of real property to force a sale or physical division when the owners cannot agree on what to do with the property.
A contractor filed a mechanic's lien on my building. What now?
Liens can be challenged, bonded off, or discharged if defective or exaggerated. Deadlines for foreclosure and for demanding an itemized statement matter, so review the lien promptly.
Consultations
What happens during an initial consultation?
We review your documents and history, explain realistic options and timelines, and provide a clear fee structure. Consultations are confidential and available in person, by phone, or by video.
Discuss your case with an attorney who will handle it personally.
Consultations are confidential and available in person, by phone, or by secure video.