Immigration Questions Answered
Honest, plain-English answers to the questions we hear most often. Every situation is unique — contact us to discuss yours.
Military Parole in Place
Military Parole in Place is a discretionary form of relief that allows certain undocumented immediate relatives of active-duty U.S. service members or veterans to remain lawfully in the United States. If granted, it provides a period of authorized stay and, importantly, may make the individual eligible to apply for a green card without having to depart the country. It does not guarantee approval of any other immigration benefit, but it creates an important legal foundation.
Qualifying relatives include the spouse, parent, or child of an active-duty U.S. Armed Forces member, a member of the Selected Reserve of the Ready Reserve, or a veteran who was honorably discharged. Each family member must apply individually, and USCIS evaluates each case on its own merits based on factors including criminal history and the nature of the military service connection.
Family Petitions (I-130)
The I-130 Petition for Alien Relative is the form a U.S. citizen or lawful permanent resident files with USCIS to establish the qualifying family relationship that starts the green card process for a foreign national family member. It is the essential first step — without an approved I-130, the green card process generally cannot move forward. Processing times vary widely depending on the petitioner's immigration status and the family relationship category.
Yes. Filing the I-130 does not require your family member to be abroad. However, whether your family member can complete their green card case inside the United States (through Adjustment of Status via Form I-485) or must go through Consular Processing abroad depends on many factors including how they entered the country and their immigration history. An attorney can help you evaluate the right strategy for your family's specific situation.
Green Cards & Adjustment of Status (I-485)
Adjustment of Status refers to the process of applying for a green card from inside the United States, without having to depart and apply through a U.S. consulate abroad. It is a significant advantage when available, because it avoids the risk and disruption of leaving the country. Not everyone is eligible to adjust status inside the U.S. — eligibility depends on how the person entered, their immigration history, and whether an immigrant visa is immediately available.
Processing times for I-485 applications vary significantly depending on the USCIS field office, the visa category, and how the case was prepared. Cases based on immediate relative petitions (spouse, unmarried child under 21, or parent of a U.S. citizen) typically move faster than those in family preference categories because there is no visa backlog. We check current processing times at the start of every case and give clients realistic, up-to-date expectations.
Most I-485 applicants based on a marriage or family relationship are required to attend an interview at a USCIS field office. The officer will ask questions to verify the accuracy of your application and, in marriage-based cases, to confirm that the marriage is bona fide. Thorough preparation and a complete, well-organized document file are essential. We prepare every client carefully before their interview so they know what to expect and can present their case with confidence.
Conditional Residence (I-751)
Spouses who receive a green card through a marriage that was less than two years old at the time of approval receive a 'conditional' green card that is valid for only two years. Before it expires, the conditional resident must file Form I-751 to remove the conditions and receive a permanent (10-year) green card. Failing to file on time can result in loss of residency. The filing window generally opens 90 days before the card's expiration date.
Yes. If your marriage ended in divorce, death, or if you were subject to battery or extreme cruelty by your U.S. citizen or LPR spouse, you may be eligible to file the I-751 without your former spouse and request a waiver. These waiver cases require a strong evidentiary showing that the marriage was entered into in good faith. We handle these cases with care and thoroughness, building the documentary record you need.
Citizenship & Naturalization (N-400)
As part of the naturalization process, applicants must pass an English language test (reading, writing, and speaking) and a civics test covering U.S. history and government. The civics test consists of 20 questions drawn from a list of 128 official questions, and applicants must answer at least 12 correctly. Exceptions and accommodations exist for elderly applicants and those with qualifying medical conditions. We help every client prepare thoroughly so there are no surprises at the interview.
Working with Our Firm
Yes. Immigration law is federal law. Attorney O'Dell is admitted to practice law in Connecticut and represents clients throughout the United States before USCIS and related federal agencies. All consultations and case management are conducted virtually, allowing us to work with families regardless of their location across the country.
It is helpful to gather any existing immigration documents you or your family members have — passports, visas, prior approval notices, green cards, and any correspondence from USCIS or immigration courts. You should also have the names, birthdates, and citizenship/immigration status of the key people involved in your situation. Do not worry if you are missing documents — the consultation is an opportunity to assess your situation, not a document review. We will guide you.
Yes. Attorney O'Dell offers consultations and case services in both English and Spanish. We believe that full comprehension of your legal situation is essential — not a luxury — and we are committed to ensuring every client understands their case clearly.
Don't see your question? Contact us — every confidential consultation includes time to address your specific concerns.
