Immigration and nationality
Family immigration, removal defense, humanitarian protection and federal litigation, nationwide, in your language.
Overview
U.S. immigration law decides who can visit, work, live, or become a citizen in the United States. Several government offices share the work. USCIS decides most applications inside the U.S. The Department of State handles visas at embassies and consulates abroad. The immigration courts (EOIR) decide deportation cases, and ICE and CBP handle arrests, detention, and the border.
Most cases fit into one of six areas: family immigration, humanitarian protection (such as asylum), removal (deportation) defense, business and investor immigration, citizenship, and federal court cases. These areas often connect. For example, a person in immigration court may still be able to get a green card through a spouse, and a family case stuck for years may be moved forward by a lawsuit in federal court.
Immigration rules changed often in 2025 and 2026. Fees went up, new travel restrictions took effect, and courts issued major rulings on detention and bond. Before you file anything, it helps to check your whole history and every possible option, because one choice can affect the others.
How the main areas fit together
- Family immigration: a U.S. citizen or green card holder files Form I-130 for a relative. The relative then gets a green card inside the U.S. (adjustment of status) or through a U.S. consulate abroad.
- Humanitarian protection: asylum, withholding of removal, and protection under the Convention Against Torture are for people who fear harm in their home country. Asylum generally must be requested within one year of arrival, with some exceptions.
- Removal defense: if the government issues a Notice to Appear, the case goes to immigration court. A judge decides if the person can be removed and whether any relief, such as cancellation of removal or a green card, is available.
- Business and investor immigration: employers can sponsor workers for temporary visas (such as H-1B or L-1) or green cards, and investors may qualify through EB-5 or treaty investor (E-2) visas where their country is eligible.
- Citizenship: most green card holders may apply to naturalize after 5 years, or 3 years if married to and living with a U.S. citizen, using Form N-400.
- Mandamus and APA lawsuits: when USCIS or a consulate has held a case for an unreasonably long time, a lawsuit in federal district court can ask a judge to order the agency to decide it. The court can order a decision, but not a specific result.
- Habeas corpus: a person held by immigration authorities can ask a federal district court to review whether the detention is lawful. The court may order release or a bond hearing.
- Appeals: immigration judge decisions can be appealed to the Board of Immigration Appeals (BIA), and BIA decisions can be taken to a federal court of appeals by a petition for review.
How we help
Family-based
- Petitions for spouses, children, parents and siblings
- Adjustment of status and consular processing
- Waivers
Removal defense
- Immigration Court representation
- Bond redetermination
- Merits hearings
- Appeals to the BIA
Humanitarian
- Asylum, affirmative and defensive
- Special Immigrant Juvenile Status
- Related guardianship matters
Federal litigation
- Mandamus and APA actions for delayed cases
- Habeas corpus petitions
- Petitions for review in the Fifth and Ninth Circuits
More ways we help
- Review your full immigration history and explain every path that may be open before you file
- Coordinate family, court, and federal court strategies so one filing does not harm another
- File mandamus/APA lawsuits for long-delayed USCIS or consular cases, and habeas petitions for detained clients
- Explain each step in English or Mandarin, with Spanish support available
Business and investor immigration
Investors
- EB-5 petitions (I-526E, I-829) and RFE responses, including project business plans
- Source-of-funds and path-of-funds documentation
- EB-5 counsel on regional center projects
- E-1 and E-2 visas for treaty-country nationals
Employers
- H-1B and H-2B petitions
- L-1A and L-1B intracompany transfers
- EB-1, EB-2 and EB-3 petitions
Business visitors and owners
- B-1 business visitor matters
- Coordinating visa strategy with company structure
- Bilingual guidance for owners and staff
How the process works
Review your full history
We look at your entries and exits, status history, family ties, any arrests, and past applications. Small details can decide which options are open.
Timing: Initial consultation
Choose the right path
We compare the options, such as family, employment, humanitarian, or court-based relief, and explain the risks of each, including whether filing could expose you to enforcement.
Gather evidence
Collect identity, relationship, financial, and status records, with certified English translations of any foreign-language documents.
Timing: Often 2–8 weeks
File with the right agency
The case is filed with USCIS, the National Visa Center, the immigration court, or a federal court, depending on the path.
Form: I-130, I-485, I-589, N-400, or court filings
Biometrics, interview, or hearing
Most cases include a fingerprint appointment and an interview or hearing. You should prepare with your attorney beforehand.
Timing: Varies widely by case type and office
Decision and next steps
After a decision, there may be further steps such as removing conditions, renewing documents, appealing a denial, or applying for citizenship later.
Documents to gather
- Passports (current and old) and any U.S. visas
- I-94 arrival/departure records and entry stamps
- Birth certificates and marriage or divorce records
- All prior immigration applications, notices, and approvals
- Any Notice to Appear, court notices, or immigration judge orders
- Police and court records for any arrest, even if dismissed
- Tax returns and proof of income
- Proof of where you have lived and worked in the U.S.
- Certified English translations of foreign documents
Common problems to avoid
- Filing an application without checking for past problems, such as an old deportation order or unlawful presence, which can lead to denial or enforcement.
- Traveling abroad while an application is pending without the right travel permission, which can cause the application to be treated as abandoned or trigger re-entry bars.
- Missing a court date, which can lead to a removal order being entered without you.
- Missing short deadlines, such as the 30-day deadline to appeal to the BIA.
- Relying on notarios or unlicensed consultants, who cannot give legal advice or represent you in court.
- Using outdated fee amounts or old form editions, which causes USCIS or the court to reject the filing.
What has changed lately
A new presidential proclamation effective January 1, 2026 fully or partly suspends visas for nationals of 39 countries. It removed the earlier exception for spouses, children, and parents of U.S. citizens. China is not on the list.
A new DHS public charge rule took effect September 18, 2026 for green card applications filed on or after that date. It replaces the 2022 rule with a broader ‘totality of the circumstances’ review.
New fees created by the 2025 budget law (H.R. 1) now apply to asylum, work permits for asylum seekers and parolees, and many immigration court filings, with inflation increases starting in 2026.
Rules, fees and processing times change often. Ask us to confirm what applies to your case today.
Frequently asked questions
Which government office will handle my case?
It depends on the case. USCIS handles most applications filed inside the U.S. The State Department handles visas abroad. Immigration courts handle deportation cases, and federal courts handle mandamus, habeas, and appeals from the BIA.
Can I get a green card if I am already in immigration court?
Sometimes. A judge can grant adjustment of status in court if you qualify, for example through a U.S. citizen spouse. Other forms of relief, such as cancellation of removal or asylum, may also be possible. Each depends on your history.
My case has been pending for a very long time. What can I do?
First, check the USCIS processing times page and send an inquiry. If the delay is well beyond normal and nothing works, a mandamus or APA lawsuit in federal court may ask a judge to order the agency to make a decision. The lawsuit cannot force an approval.
A family member was detained by ICE. What should we do first?
Find where the person is held using the ICE Online Detainee Locator. Collect their A-number, passport, and any immigration papers. An attorney can review whether a bond hearing is available or whether a habeas petition in federal court makes sense.
Is it safe to travel while my application is pending?
It depends on the application and your history. For a pending adjustment of status, leaving without advance parole is usually treated as abandoning the application. Travel restrictions also apply to some nationalities. Ask before you book travel.
Do I need a lawyer, or can a notario help me?
In California, notarios and immigration consultants cannot give legal advice or represent you in immigration court. Only licensed attorneys and accredited representatives can do that.
- USCIS: Working in the United States / Green Card overview
- 8 U.S.C. § 1229a – Removal proceedings (INA § 240)
- 8 U.S.C. § 1158 – Asylum (INA § 208)
- 8 U.S.C. § 1427 – Requirements of naturalization (INA § 316)
- 5 U.S.C. § 706 – Scope of review (APA)
- 28 U.S.C. § 1361 – Action to compel an officer (mandamus)
- 28 U.S.C. § 2241 – Power to grant writ (habeas corpus)
- U.S. Department of State: Suspension of Visa Issuance (Proclamation 10998)
- Federal Register: Public Charge Ground of Inadmissibility (July 20, 2026)
- Federal Register: Inflation Adjustment to HR-1 Immigration Fees (Nov. 21, 2025)
- EOIR: Forms and Fees
- ICE Online Detainee Locator System
Information current as of September 2026. General information only, not legal advice.
Protect your rights, we’ll lead the fight.
General information only, not legal advice. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee a similar outcome, and no particular result is promised. Responsible attorney: JJ Zhang, Esq., Tez Law P.C., 4141 S. Nogales St., Suite C102, West Covina, CA 91792.