Immigration Law: General FAQs

Immigration has been a substantial part of the firm’s work for over 25 years, spanning family petitions, investor and employment-based cases, asylum, removal defense, and appeals through the federal circuit courts. Immigration is federal law, so we represent clients nationwide. Please note that immigration law and policy are changing rapidly right now, and the specifics below can shift on short notice, so treat them as a starting point and confirm the current requirements for your case at consultation.

Do you handle immigration cases outside of Texas?

Yes. Immigration is federal law, so we can represent clients throughout the United States, not only in Texas. We regularly assist clients in the Chicago metropolitan area and have helped people referred to us from cities including Dallas, Houston, Memphis, and Chicago. Wherever your case is pending, the federal rules are the same, though local court practices and processing times vary.

What languages does the firm speak?

Attorney Kinzy speaks English and Spanish, and our staff also assists clients in Hindi, Urdu, and Gujarati. Immigration is stressful enough without a language barrier, and we work to make sure you understand every step of your case.

Immigration rules seem to be changing constantly. Is that true?

Yes. The last year has brought unusually frequent and significant changes to filing fees, processing rules, vetting procedures, travel restrictions, and how certain applications are decided, many of them introduced through executive action and some paused or reinstated by the courts. In immigration, yesterday’s news can become today’s problem. Because of that volatility, we do not rely on what the rule was six months ago. We check the current state of the law for your specific situation and country of origin before advising you.

I received conflicting advice from two different lawyers. Why does that happen?

It happens often in immigration, and it usually means your case turns on a specific detail that general advice glosses over, such as an exact date on your I-94 record, how you entered the country, or precisely what a form requested. Two lawyers giving different answers is a sign that the facts need to be pinned down before anyone can tell you what is safe to do. We start by nailing down those details rather than giving you a generic answer that may not fit your situation.

Should I talk to a lawyer before filing anything with USCIS myself?

Almost always yes, at least once. Many immigration problems we are asked to fix began with a well-intentioned do-it-yourself filing that triggered a request for evidence, a denial, or a referral to immigration court, and in the current enforcement climate the stakes for a misstep are higher than they used to be. A single consultation before you file can save you years. Please do not send confidential details through an unsecured contact form, text, or voicemail; bring them to the consultation instead.

How do you charge for immigration matters?

It depends on the case. The firm offers flat fees for many defined immigration filings, hourly billing for matters that are ongoing or unpredictable such as contested court proceedings, and payment plans in appropriate cases. We discuss fees openly at the consultation so you know what to expect before engaging us.

How is an immigration lawyer’s fee structured?

Most immigration work is quoted as a flat fee for the specific case type rather than billed hourly, so you know the cost before the work starts. Government filing fees are separate and go to USCIS, not to the attorney. Ask for the fee and the filing fees as two numbers.

What makes one immigration case cost more than another?

Complexity, not time on the calendar. An unlawful entry, a prior denial or removal order, any criminal history, a waiver requirement, or a case already in immigration court each add work. A clean case with complete documents sits at the low end of any firm’s range.

Do I really need a lawyer, or can I file this myself?

Simple filings with clean facts are often done without counsel. Get help when any of these are present: an unlawful entry, any arrest, a prior denial or removal order, a pending deadline, or anything involving detention. Those are the cases where a self-filing mistake is expensive or permanent.

How long will my case take?

Processing times depend on the form, the service center, and your category, and they move constantly. USCIS publishes current times by form and office. Any lawyer who gives you a firm date without checking that day is guessing.

What should I bring to a first consultation?

Every immigration document you have, including I-94 records, approval and denial notices, receipt numbers, passports with all visa pages, and any court paperwork. Also bring the whole timeline of entries and departures. The first hour is far more productive with paper than with memory.

Do you represent people outside Texas?

Yes. Immigration is federal law, so representation is available nationwide. This office regularly assists clients in the Chicago area and has helped people referred from Dallas, Houston, and beyond.

Do you also handle estate planning for immigrant families?

Yes, and the two questions are more connected than most people expect. If your spouse is not a citizen, if your heirs live abroad, or if you own property in another country, the standard American estate documents are probably not built for your family. See the questions on families with property outside the United States.

Can I speak with someone in Spanish?

Yes. This office works in English and Spanish, and staff also assist clients in Hindi and Urdu.

Working While An Immigration Case Is Pending

Can I keep working if my H-1B extension is still pending?

Yes, for up to 240 days, if your employer filed before your authorized stay expired and you were maintaining status. The 240 days run from the expiration date on your I-94, not from the filing date and not from the end date your employer requested.

When exactly do the 240 days start?

On the expiration date shown on your I-94. If your I-94 expired July 27, the clock starts July 27, which puts the outer limit in late March of the following year. Counting from the filing date is the most common mistake in this area.

What happens if my extension is denied while I am still working?

Your work authorization ends on the date of the denial, even if you are on day thirty of the 240. Adjudication ends the provision either way, so an approval means you work under the new I-94 date instead.

Am I accruing unlawful presence while my extension is pending?

No, if it was timely filed. A timely filed extension keeps you in a period of authorized stay, so the pendency itself is not damaging you. That is separate from whether you may work.

Can I work while my green card application is pending?

Not on the basis of the pending I-485 alone. You need an approved employment authorization document under 8 CFR 274a.12(c)(9), obtained by filing Form I-765. A pending I-765 is not permission to work.

Does my green card EAD depend on my employer?

No. An adjustment based work permit is independent of any employer or petition, which is exactly why it is worth having when your nonimmigrant status is shaky.

My status expired but my green card case is pending. Am I illegal?

Generally you are in a period of authorized stay and not accruing unlawful presence, but you are also not in lawful status. Those are two different questions with different consequences for travel, extensions, and what happens if the case is denied.

Should I file for advance parole even with no travel plans?

Usually yes. Once your nonimmigrant status ends, leaving without advance parole abandons the adjustment application entirely, and you cannot obtain the document quickly when an emergency forces the question.

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