Answers to common immigration questions from Attorney Emily Brooks.
Yes, Attorney Emily Brooks is licensed in California but can represent clients in federal immigration matters in all 50 states and at U.S. Consulates around the world.
The process depends on your case. Your matter may involve USCIS, the U.S. Department of State, Immigration Court, or another federal agency. Removal proceedings generally begin when the government files a Notice to Appear with Immigration Court.
An immigration attorney can identify legal issues, determine available options, prepare filings, respond to government requests, and represent you during proceedings when permitted. At the Law Offices of Emily Brooks, APC, we evaluate your circumstances and develop a legal strategy based on your immigration goals.
The cost depends on the type of immigration matter, the amount of work required, and whether your case involves applications, interviews, court proceedings, appeals, or other issues. Government filing fees may also apply separately.
Eligibility depends on factors such as your age, lawful permanent resident status, continuous residence, physical presence, good moral character, and ability to meet applicable English and civics requirements.
A USCIS officer generally reviews your Form N-400 and asks questions about your background and application. Most applicants must also complete English and civics testing unless an exemption or waiver applies.
Yes. Some people may have acquired or derived U.S. citizenship through a parent depending on circumstances such as the parent’s citizenship, the applicant’s age, residence, legal custody, and the law in effect at the relevant time.
Adjustment of status is a process through which certain eligible individuals already in the United States can apply to become lawful permanent residents without completing the immigrant visa process abroad.
Yes, if you qualify for adjustment of status. Eligibility depends on factors such as how you entered the country, the immigration category under which you are applying, visa availability, and possible grounds of inadmissibility.
Prior immigration violations, certain criminal matters, misrepresentation, unlawful presence, incomplete documentation, inadmissibility issues, or inconsistent information can affect a case.
The relatives you may petition for depend on whether you are a U.S. citizen or lawful permanent resident. U.S. citizens generally have broader options, while permanent residents may petition for certain spouses and unmarried children.
No. Approval of Form I-130 establishes a qualifying family relationship but does not automatically grant permanent residence or immediate permission to immigrate. Additional immigrant visa or adjustment procedures are generally required.
Processing times vary based on the family relationship, immigration category, visa availability, government processing, and individual circumstances. Some relatives of U.S. citizens are considered immediate relatives, while preference categories may involve waiting for an immigrant visa to become available.
Yes. We can assist with family-based immigration matters involving relatives abroad, including petitions that may proceed through consular processing with the U.S. Department of State after the required petition and visa steps are completed.
Asylum may be available to people who meet the legal requirements for protection because they have suffered persecution or have a qualifying fear of persecution. Each case depends heavily on its particular facts, supporting evidence, and applicable law.
Yes. An eligible person in Immigration Court may pursue asylum defensively before an immigration judge rather than through the affirmative USCIS process.
Evidence may include your personal declaration, identity documents, witness statements, medical or police records, communications, photographs, and reliable information about conditions in your country.
Yes, if you meet the current requirements for renewal. USCIS continues to accept and process qualifying DACA renewal requests and related employment authorization applications. Because DACA remains affected by litigation, we review the current rules before advising clients.
Yes. VAWA allows abused spouses, children, and parents of U.S. citizens or lawful permanent residents to self-petition without depending on the abusive family member to file for them.
A U Visa is a humanitarian immigration option for certain victims of qualifying criminal activity who suffered substantial physical or mental abuse and meet requirements related to assisting law enforcement in the detection, investigation, or prosecution of qualifying criminal activity.
No. VAWA was designed to provide qualifying individuals with an immigration process that does not depend on an abusive petitioner.
Read the notice carefully and do not ignore your immigration court obligations. A Notice to Appear contains the government’s allegations and charges concerning removability. We can review the document, identify possible defenses or relief, and represent eligible clients in Immigration Court.
Yes. You may be able to contest removability or pursue relief or protection such as adjustment of status, cancellation of removal, asylum, or certain waivers. Available defenses depend on your individual immigration history.
Yes. Certain immigration court decisions can be appealed. Depending on the decision, an appeal may be available to the Board of Immigration Appeals, and strict filing deadlines apply.
Yes. Missing documents do not necessarily prevent us from beginning a review. Depending on your circumstances, immigration records may be requested from government agencies through procedures such as the Freedom of Information Act. USCIS maintains records and processes FOIA requests through its National Records Center.
Yes. Prior statements, applications, orders, entries, departures, visa filings, arrests, or other events may affect eligibility for future immigration benefits.