Frequently Asked Questions

It depends on the offense, the disposition, and when it occurred. Some charges are an absolute bar; others fall inside the good-moral-character window and can be addressed. Before filing for adjustment of status (Form I-485) or for naturalization (Form N-400), we look at the entire record — court dispositions, immigration history, and prior interactions with USCIS. Crimes, fraud, and misrepresentation can impact good moral character, and there are waivers which may be available depending on the specific issue. For naturalization, in some cases the safer course is to wait until enough time has passed. I do not file for either adjustment of status or naturalization without a clean review of the record first.

You are not stuck. The I-751 has waivers — for divorce or separation. Almost all of these waivers require a showing of hardship, with the specific degree of hardship varying by waiver. There is also the ability to self-petition under VAWA if you experienced abuse from your spouse — that is a different filing path, not a waiver. The strongest filings begin while you still have access to financial records, photographs, and shared correspondence. If your marriage is ending, do not wait until the green card lapses to ask the question — you must file before the two-year anniversary of the foreign national's conditional green card. After that, the foreign national becomes subject to removal. Call and we will look at the timeline together.

Sometimes. Sometimes not. A pending application, a prior removal order, an unlawful-presence bar, or even a recent arrest can convert a simple trip into a years-long re-entry problem. I never tell a client to travel without first reviewing their A-file, their immigration history, and the current consular climate for their country of citizenship. If you are weighing a trip, that is the conversation to have before you book the ticket.