Immigration Lawyer — Family, Asylum, Green Cards & Citizenship

Quick Answer: What does an immigration lawyer do?

An immigration lawyer prepares and files immigration petitions and applications, represents clients at USCIS interviews, embassy/consular interviews, and immigration court hearings, and handles appeals when cases are denied. Common matters include family-based green cards, fiancé and marriage visas, asylum, citizenship/naturalization, deportation defense, work visas, waivers, and bond hearings for detained noncitizens. Modern Law Group has handled more than 10,000 family-based approvals since 2009.

Why People Hire an Immigration Lawyer

Most immigration cases look simple on the USCIS website. They are not. Filing the wrong form, missing a deadline, or signing the wrong sworn statement can stall a case for years, trigger a Request for Evidence, or — in deportation cases — get someone removed from the United States. An experienced immigration attorney knows what USCIS, the consulates, ICE, and the immigration courts actually look for in 2026, what the current processing times really are (versus the published numbers), and how to build a record that survives scrutiny.

At Modern Law Group, our practice is 100% U.S. immigration law. We do not handle family law, criminal defense, or business litigation. That focus is why we have been able to file more than 10,000 successful family-based cases since 2009, and why our team handles cases in English, Russian, Spanish, Tajik, Vietnamese, and Kyrgyz.

Real situations where the right lawyer changes the outcome

You have a criminal record and want a green card. Whether a conviction is "deportable" depends on the exact statute, the sentence imposed, and how the offense is categorized under federal law. A DUI in one state may be a green-card-killer; in another it may be cleanable. We pull court records, analyze the categorical approach, and decide whether a waiver, post-conviction relief, or a different filing path makes sense before anything is filed with USCIS.

You filed a fiancé visa or marriage case before and got denied. Re-filing the same way produces the same result. A second filing has to overcome whatever USCIS or the consulate flagged the first time — often a marriage-bona-fides concern, a prior misrepresentation finding, or a financial-support failure. We rebuild the case around the prior denial, not around what worked for someone else's filing.

Your spouse is undocumented. The path is rarely "just file an I-130." It usually involves whether your spouse entered with inspection, whether unlawful presence has accrued, whether an I-601A provisional waiver applies, and whether the consulate they are processing through routinely approves or denies waivers. Getting this wrong can trigger a 10-year bar.

You received a Notice to Appear (NTA). The clock is now running. The first master calendar hearing must be attended in person or by video — not attending almost always results in an in absentia removal order. We file the right notice of appearance, request continuances when needed, and identify any relief from removal that applies to your facts before the case is locked in.

A relative was just detained by ICE. The first 72 hours are the most important. During that window, decisions about voluntary departure, expedited removal, and credible-fear interviews get made — often without a lawyer. We file bond motions, identify the right court, and stop bad decisions before they become permanent.

What an Immigration Lawyer Handles

The right strategy depends on facts the client often does not know are important: how the marriage was documented, whether there was any prior visa fraud, what the I-94 says, whether the criminal record includes a "crime involving moral turpitude," whether anyone in the family qualifies for derivative relief. A consultation with an immigration lawyer is the fastest way to find out which of these matter for your case.

Meet Our Immigration Attorneys

Six U.S. immigration attorneys, six languages, one focus: U.S. immigration law.

Practice Areas

Browse our immigration practice areas. Each page covers process, timeline, evidence requirements, and common pitfalls.

How an Immigration Case Actually Works

Step 1 — The Consultation

You will speak with an immigration attorney for 20 to 45 minutes. We will ask about your immigration history, prior filings, criminal record, family situation, and what you are trying to accomplish. We will tell you which forms apply, what current processing times look like, what evidence you need, and what the realistic odds are. There is no pressure to retain.

What we will not do during the consultation: pretend a hard case is easy, quote a fee without understanding the facts, or tell you what you want to hear. If your case has serious problems — a prior removal order, an old fraud allegation, a deportable conviction — you will hear it from us in plain English, not after you have paid.

Step 2 — Document Collection

If you decide to retain us, we send a tailored document checklist for your specific case. For family-based cases, this typically includes proof of citizenship or LPR status, proof of the qualifying relationship (marriage certificate, birth certificates), tax returns, financial support documentation, and identity documents. For asylum and deportation cases, we collect country-condition evidence, declarations, and supporting witness statements.

We pay close attention to the details that get cases denied: missing translations, expired civil documents, mismatched names across passports and birth certificates, joint financial evidence with the wrong dates, and tax transcripts versus tax returns. Most denials we see on cases that came to us after another firm filed are not legal problems — they are document problems that should have been caught in this step.

Step 3 — Drafting and Filing

We draft your forms, prepare a cover brief, organize your evidence in a tabbed exhibit binder (or its USCIS electronic equivalent), and file with the correct service center, lockbox, embassy, or court. We pay attention to filing fees, signature blocks, biometrics requirements, and translation certifications — every one of which can trigger a rejection if missed.

For complex cases — waivers, asylum, deportation defense — the cover brief is where the case is actually won or lost. A well-written brief tells the officer or judge what to look for, why your case meets the legal standard, and how to navigate the supporting evidence. We do not file forms without a brief on any case where the legal argument matters.

Step 4 — Government Processing

USCIS, the National Visa Center, the State Department, ICE, or EOIR review the case. Depending on case type this takes from 30 days (premium processing) to 8 to 18 months (most standard cases) to multiple years (preference categories). We monitor the case, respond to any Requests for Evidence, update you when notices arrive, and prepare you for the interview or hearing.

If a Request for Evidence (RFE) arrives, the deadline is short and the response matters more than the original filing. RFE responses we draft are designed to close the gap the officer identified, in the order they identified it, with a tabbed cover index. A bad RFE response is the most common path to a denial in family-based cases.

Step 5 — Interview, Hearing, or Decision

For green cards, we attend the USCIS interview with you. For removal cases, we appear at every master calendar and individual hearing. For asylum, we prepare you for the asylum interview and accompany you. After the decision, we handle approvals, RFEs, denials, and appeals.

Interview prep is a real part of the work — we walk you through likely questions, what to bring, how to handle officer skepticism on marriage cases, and what to do if the officer goes off-script. For couples in marriage interviews, we will run a mock interview if the case calls for it.

When to Call an Immigration Lawyer Immediately

Some situations cannot wait until next week. Call any U.S. immigration attorney — ours or anyone else's — the same day if any of the following apply.

• A relative has been arrested by ICE. Bond motions and credible-fear preparation start within 24 to 72 hours. Voluntary departure decisions get made fast.
• You were served a Notice to Appear (Form I-862). The first master calendar date is binding. Missing it almost always produces an in absentia removal order, which is far harder to undo than to defend.
• USCIS sent you a Request for Evidence (RFE) or Notice of Intent to Deny (NOID). Deadlines are typically 30, 60, or 87 days. Late or incomplete responses produce denials that are difficult to appeal.
• Your USCIS interview is in the next two weeks and you have a complicated case. Marriage interviews, asylum interviews, and N-400 interviews where there is anything unusual benefit from preparation, document review, and (if available) attorney attendance.
• Your visa was just denied at a U.S. consulate. Consular denials are largely unappealable, but the right next move depends on the reason: 221(g) administrative processing, 212(a)(6)(C) misrepresentation finding, 212(a)(2) criminal ground, or 214(b) immigrant intent. Each path is different.
• You are about to leave the U.S. and you have a pending case. Departure can abandon adjustment of status, trigger a 3- or 10-year bar, or restart the clock on visa eligibility. Confirm what your departure does to your case before you book the flight.
• You received a green card and the back of the card says it expires in two years. That is a conditional green card. You must file Form I-751 in the 90-day window before expiration, or your status terminates and you become removable.

What to Bring to Your Consultation

Bring as many of the following as you have. Missing items will not stop us from giving you useful guidance, but more documents mean a sharper plan and a better fee estimate.

• Government-issued photo ID for everyone the case involves (passport, driver's license, EAD, or green card)
• Any prior USCIS notices, receipts, approvals, denials, or RFEs
• Court documents if there is a removal case (NTA, hearing notices, prior decisions)
• Marriage certificate and any prior divorce decrees
• Birth certificates of any children involved
• Most recent two to three years of tax returns or transcripts
• Criminal records, if any (court dispositions, not just rap sheets)
• Medical or asylum-related supporting documents if relevant
• Anything in writing from USCIS, ICE, EOIR, or a U.S. consulate that mentions you or your relative

Originals are not required for the consultation — clear photos or scans on your phone work. We will tell you what we need in original form if you decide to move forward.

Common Mistakes That Hurt Immigration Cases

Most denials we see were avoidable. The pattern is consistent.

1. Filing the wrong form. The most common version: filing an I-485 when consular processing was the better path, or vice versa. Each path has its own pros, cons, and traps.
2. Missing a stepchild, half-sibling, or prior marriage on the form. USCIS pulls every record they can find. Omissions look like fraud, even when they are not.
3. Using a notario or a non-attorney immigration consultant. In the U.S., only a licensed attorney or a DOJ-accredited representative can practice immigration law. Notarios cannot fix a denial they helped cause.
4. Submitting weak marriage evidence. A single joint bank account is not enough. USCIS expects a real picture of a shared life: leases, joint utilities, joint insurance, photos across years, communications, and affidavits from people who know you both.
5. Waiting too long to respond to USCIS. The deadlines on RFEs and NOIDs are real. We see cases denied because the response was sent the day before the deadline and arrived after.
6. Talking to ICE without counsel. Statements made during an arrest or interview can be used in immigration court. The right answer to most questions is, "I want to speak with my lawyer."
7. Traveling outside the U.S. with the wrong document. Advance Parole, Refugee Travel Documents, and re-entry permits are not interchangeable. Leaving on the wrong one can abandon a pending case or trigger a bar.

How Modern Law Group Is Different

Founder filed his own fiancé visa. Deron Smallcomb filed his own K-1 in 2007 and lived through the system before founding the firm in 2009. That experience shapes how we run cases — we treat clients the way we wanted to be treated when we were the ones waiting.

10,000+ approvals since 2009. This is not a niche side practice. Family-based immigration is what we do every single day, in every U.S. timezone, across every form and every consulate that handles family cases.

Six languages, in-house. We do not rely on outside translators for the languages we cover. Vilena Ramini, Max Fuchs, Igor Harris, and Khamroz Boev speak Russian. Yesenia Tovar speaks Spanish. Khamroz Boev speaks Tajik. Our staff supports Vietnamese and Kyrgyz. For other languages we use professionally certified interpreters at no extra cost to the client.

Office network across the U.S. and Tijuana. San Diego HQ, plus offices in Brooklyn, Fort Worth, Chicago, Pittsburgh, Miami, and Tijuana. The Tijuana office matters for clients consular-processing at the U.S. Consulate in Tijuana — we can meet you there before or after the interview.

One firm, one strategy. Your case is owned by one attorney from start to finish. You are not handed off between unrelated paralegals at every stage.

Honest expectations. If your case is hard, we will tell you. If it is unwinnable on the current facts, we will tell you that too. Our 99%+ approval rate exists because we do not take cases we cannot win.

Fees and Payment

Most immigration cases are flat fee, not hourly, so you know up front what the case costs. Family-based petitions, naturalization, and fiancé visas are flat-fee scopes. Asylum and deportation defense are scoped to the case and typically structured in payment plans. Government filing fees are separate from attorney fees.

We do not quote exact fees over the phone because the right number depends on the specific facts — prior filings, criminal history, derivatives, whether premium processing applies. We discuss fee ranges during the consultation and offer payment plans for most matters.

Languages We Practice In

• English — all attorneys
• Russian — Vilena Ramini, Max Fuchs, Igor Harris, Khamroz Boev
• Spanish — Yesenia Tovar
• Tajik — Khamroz Boev
• Vietnamese — staff support
• Kyrgyz — staff support

Where We Practice

Modern Law Group is a national U.S. immigration firm. Our offices are in San Diego (HQ), Brooklyn, Fort Worth, Chicago, Pittsburgh, Miami, and Tijuana. We serve clients in all 50 states for USCIS matters and represent clients in immigration courts where our attorneys are admitted to practice. Federal immigration law is the same nationwide; we routinely take on cases from cities where we do not have a physical office.

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Frequently Asked Questions