FAQs
Common Immigration FAQs
At the Law Office of Alexander R. Vail, we understand that navigating U.S. immigration law can be a complex and stressful experience. To help make the process clearer, we’ve compiled answers to some of the most frequently asked questions about immigration and our law firm. Our goal is to provide you with the information you need to make informed decisions and move forward confidently with your immigration case.
What types of immigration cases does Alexander R. Vail handle?
At the Law Office of Alexander R. Vail, we specialize in a wide range of immigration services, including family-based immigration, naturalization, removal defense, adjustment of status, work visa applications, and parole-in-place. We also assist with complex legal matters such as asylum cases and deportation defense. Contact us to learn more about our services and how we can assist you.
What is the process for obtaining a family-based green card?
The family-based green card process begins with filing a Petition for Alien Relative (Form I-130). After approval, applicants either apply for Adjustment of Status if they’re in the U.S. or undergo consular processing if they’re abroad. Our team guides you through every step to ensure a smooth and successful application.
How do I apply for naturalization to become a U.S. citizen?
To apply for naturalization, you must have been a lawful permanent resident for at least five years (three years if married to a U.S. citizen). You must demonstrate good moral character, pass an English and civics test, and submit an Application for Naturalization (Form N-400). Our expert team helps ensure that you meet all the requirements and prepare for your interview.
What is the difference between adjustment of status and consular processing?
Adjustment of status allows you to apply for a green card while remaining in the U.S. if you meet eligibility requirements. Consular processing involves applying for a green card at a U.S. consulate in your home country. We help determine which process is right for you and guide you through it.
Can I apply for a green card if I overstayed my visa?
Yes, in some cases, you can apply for a green card even if you overstayed your visa, particularly if you are an immediate relative of a U.S. citizen. Our attorneys will help you understand your options, including whether a waiver may be necessary for your case.
How do I apply for parole-in-place?
Parole-in-place is available to individuals who entered the U.S. unlawfully but have U.S. citizen or permanent resident family members, particularly military service members. We assist with parole-in-place applications, allowing you to stay in the U.S. while applying for lawful status without needing to leave the country.
What should I do if my green card or citizenship application is denied?
If your application is denied, there may be options to appeal the decision, file a motion to reopen the case, or request reconsideration. We help identify the reasons for denial and provide solutions to help you resolve any issues and strengthen your case for future applications.
How long does it take to get a green card or U.S. citizenship?
The processing time for a green card or U.S. citizenship application varies based on your situation, USCIS processing times, and whether you apply from within the U.S. or abroad. Family-based green card applications typically take several months to a year, while naturalization applications may take 6-12 months or more. We keep you informed throughout the process.
Can I apply for a green card if I entered the U.S. illegally?
Yes, in certain situations, you may still be able to apply for a green card if you entered the U.S. unlawfully. If you’re married to a U.S. citizen, you may qualify for adjustment of status through family-based immigration. We will help determine your eligibility and guide you through the best path forward.
What happens during a removal defense or deportation hearing?
During a removal defense or deportation hearing, you will have the opportunity to present evidence and argue why you should be allowed to stay in the U.S. Our team works with you to develop a strong defense strategy, including seeking relief like asylum, cancellation of removal, or adjustment of status. We’ll ensure you’re fully prepared for the hearing.
How can I prevent deportation if I’m in removal proceedings?
If you're in removal proceedings, there are various forms of relief that may be available, such as cancellation of removal, adjustment of status, and applications for asylum or hardship waivers. The Law Office of Alexander R. Vail specializes in removal defense and will help create a strategy tailored to your case.
What are the eligibility requirements for applying for naturalization?
To apply for naturalization, you must meet certain requirements, including being a lawful permanent resident for at least five years (three years if married to a U.S. citizen), demonstrating good moral character, and passing an English language and civics test. Our team helps you meet these requirements and guides you through the naturalization process.
Alexander R. Vail
Managing Partner
Alexander R. Vail, the managing partner of the firm, brings a unique blend of expertise, dedication, and personal experience to his immigration practice. As the son of a Cuban mother and an Anglo-American father, Alex understands the importance of family unity and the challenges that come with navigating complex legal processes. His personal connection to the immigrant experience drives his passion for helping families stay together and individuals secure their future in the United States.
What sets Alex apart is his ability to listen empathetically and provide clients with clear, actionable guidance. He is committed to explaining legal procedures in simple terms, ensuring that his clients understand their options and feel confident in the path forward. Whether working on removal defense, naturalization, or family-based immigration, Alex has built a reputation for delivering results and providing unwavering support to clients facing complex immigration matters.
Before founding his own practice, Alex led the Immigration Department at the Las Vegas Defense Group, consulting on immigration issues affecting noncitizen defendants facing criminal charges. He also served as an attorney-advisor at the Executive Office for Immigration Review (EOIR), advising immigration judges on bond and removal cases. A magna cum laude graduate of the University of Miami School of Law, Alex is licensed to practice law in both Nevada and Florida. Fluent in English and Spanish, his extensive experience makes him a trusted advocate for families and individuals seeking to resolve their immigration challenges.