Law Office of Lena Korial-Yonan, P.A.

Law Office of Lena Korial-Yonan, P.A.

(904) 448-6646

lena@needimmigrationhelp.com
9425 Craven Road, Suite 5 • Jacksonville, FL 32257

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We Practice ONLY immigration Law in ALL 50 States

Frequently Asked Questions (FAQ's) at the US Immigration Law Office of Lena Korial-Yonan, P.A.

Our Legal Fees and Procedures

Our immigration law office has no hidden fees because we offer flat rate fees according to each case type. When you call our office, we will ask you some questions and then be able to quote you the legal fees for your case. We will not charge you more than you are initially quoted, unless you do not disclose criminal issues or deportation issues from your past. Otherwise, the legal fee quoted is the fee that you will pay.

We also will “hold your hand” throughout the process to ensure that you are informed throughout your case. We are family run and family owned, so we value our clients and value our reputation. One look at our client references section will show you that we do as we say.

Yes

You will meet or speak telephonically with our Senior Attorney Lena Korial-Yonan, Esq. She is the immigration attorney who founded our office almost 10 years ago and has almost 10 years experience practicing ONLY 100% US immigration law.

Yes we accept and handle US immigration law cases from all over the U.S. We offer Telephonic consultation appointments for our clients who cannot come to our office located in Jacksonville, Florida.

No, I do not handle any area of law except immigration law. Our law office practices 100% Immigration Law. If you reside in Jacksonville, Fl, then we can refer you to a reputable divorce attorney if you call our office at 904-448-6646. We do not receive any commission by providing a referral for your family law or criminal law attorney.

Fiancé or Fiancée Visa

You need an immigration lawyer to file your fiancée visa case because one small mistake can cost you your case and possibly being together with your loved one. The price is higher than the cost if something goes wrong! Our extensive immigration law experience is teaching us that USCIS officers and especially US Embassy officers are now extremely well-trained. They are no longer the over-burdened, untrained Officers of the past. Indeed, they now check every detail of the case and even do extensive background checks. Even though your background check may be “clean,” in some cases someone with a name like yours can mixed up with your case by accident.

One small mistake or omission can make the officer suspicious and this mistake can result in huge delays in your fiancée’s case or even a denial if the situation is not properly handled.

An example that I have is that a client contacted me over 6 months ago with a case for his fiancée who is in China. He did not hire any lawyer and chose to do the paperwork himself. Needless to say, six months later, he has called and retained our office (at higher legal fees than initially quoted!) because of a big mess in his case. Yes, we can still help him, but his fiancée is not very happy with him and he is not very happy that this process is now costing more than he initially would have paid. Not to mention the time lost and his having to travel to China to keep his fiancée happy…hardly worth the small initial “savings.”

Another important point is that the US Embassy in China is extremely difficult in dealing with fiancée visas. Hire an experienced immigration lawyer, because even if USCIS approves your case here in the U.S., the US Embassy in China has the right to refuse to issue the visa. Indeed, all US Embassy Officers can refuse to issue a fiancée visa, even if it has been approved by USCIS here in the US.

At our immigration law office, we handle filing the fiancée visa, preparing the Embassy forms, and even preparing you for what to expect at the interview, so that your fiancée can feel prepared during the interview. Preparation is 99% of the success at the fiancée visa interview at the U.S. Embassy in China and all other U.S. Embassies.

Marriage "Green Card" cases & Travel Info while Green card is pending

Yes, we can help you get a green card even if you have overstayed your visa. There are issues that the US Immigration Officer will have, but we will prepare your marriage “green card” (i.e. adjustment of status) case in order to handle these issues successfully. One of the issues may have to do with working in the US without valid employment authorization, and we address this issue and other anticipated issues as well.

NO, you absolutely CANNOT travel internationally. The reason is that you were out of status in the US for over 180 days. Even though USCIS issued the travel permit, if you travel overseas, you will harm your immigration case in big ways. Call our office for more information. You can travel within the US, though, as long as you do not miss your fingerprint or interview appointments.

If your marriage to the US citizen is real, then there is a way for you to get your marriage green card case approved here in the US. You will need to file the fraud waiver. The fraud waiver requires a lot of evidence as to your good moral character and other highly relevant factors. We have handled these cases and have had successful results. For fraud waiver cases, you must hire an immigration lawyer who has experience with your exact case situation, as there are many factors and issues present, including research on country conditions in your home country with focus on specific issues

The answer is no, you cannot file the entire green card petition here in the US at one time even if you are married to a US citizen and even if you have 10 US citizen kids with your spouse. The only exception is if someone filed a case for you before April 30, 2001. Please contact our office for the step-by-step process of the paperwork that needs to be filed on behalf of individuals who enter the US illegally and then marry a US citizen in good faith.

The best way to answer this question is to provide an example of a case I was retained for recently. The couple had initially filed the case on their own without an attorney, and then at the marriage interview, the Immigration Officer separated the couple, made up a lie about the husband telling his US citizen wife that he is a terrorist and criminal in his home country. Because she could not ask her husband about that during the interview with the Immigration Officer, the USC wife withdrew the case (i.e. closed the case) and the husband was placed in removal proceedings. ALL of this could have been avoided had an experienced immigration lawyer been present, as Immigration Officers have to follow certain rules that are enforced when an immigration attorney is present. Now the couple must re-file the case and comply with the Immigration Court removal procedures as well, as it turns out that her husband is not a criminal or a terrorist in any country.

Of course, not all cases are handled this way by the local USCIS Immigration Officers, but the problem is that once you enter the USCIS building for your interview, you do not know how your case will be treated. It is advisable to take precautions when filing paperwork with USCIS and when appearing at USCIS for an interview, because if something goes wrong, it is much more difficult to fix the problem than just to take the proper steps in the beginning.

It is also much more costly to fix cases that clients have filed on their own. Now when a marriage green card case is denied, the USCIS office is MUCH more likely to send that individual’s file to the Immigration Court and have that person placed in removal / deportation proceedings. As shown on our blog listed on our home page of our website, immigration prosecutions are on the rise in increased amounts as of June 15, 2010.

While you may not want to pay for an immigration attorney to file the marriage green card on your behalf, imagine how much it costs for that same immigration attorney to re-file a marriage green card case and handle the removal / deportation proceedings on your behalf. The cost is at least four to ten times the amount of what it would have cost to retain the attorney for the initial marriage green card case. Of course having an immigration attorney does not guarantee that your marriage green card case will not be denied, but certainly your chances of approval will increase because the Immigration Officer will not be able to do the above tactics or any other tactic where your rights are not being protected.

Another example will help explain the importance of having an experienced immigration attorney being present. The situation explained below does not guarantee approval of your own case. The clients were young and when they were separated, it became clear after a few hours of questioning that the couple is no longer residing together, even though they had both told the Immigration Officer that they resided together, were happily married, etc. The Immigration Officer began explaining to the US citizen wife that if she would just sign this paper closing the case, that she would not get in trouble with the Immigration officials. At that time, an experienced immigration attorney would usually request a few minutes with the client alone. When that happened, the client was asked a few questions by the attorney in confidence to prove that the marriage was not fake from the beginning but that instead the couple is now separated. When the Immigration Officer returned, the information was explained to the Immigration Officer. The couple left the Immigration Office without being arrested.

In fact, in less than 30 days, the couple received the green card in the mail for the husband. Had an experienced Immigration Attorney not been present at the interview, the Immigration Officer would have used more scare tactics against the young wife and she would have most likely signed any document placed in front of her. Her husband would then have been ARRESTED (and her too as well regardless of the verbal “promise” made by the Immigration Officer) and the husband would have immediately been placed in removal / deportation proceedings, required release from immigration jail, etc. In this situation, the presence of an experienced Immigration Attorney was worth that attorney’s weight in gold!

Divorce After Getting the Conditional Two-Year Green Card

No, you will not be deported, if you take the proper steps that USCIS wants you to follow. There is an application that you can file to renew your green card and even obtain the 10 year green card, even though you are now separated or divorced. Please call our office at 904-448-6646 and schedule an appointment to discuss your immigration law case with Senior Attorney Lena Korial-Yonan, Esq. so that you can obtain the permanent, ten year green card. If you fail to take the proper steps, the USCIS can revoke your current conditional green card due to your divorce from your US citizen spouse.

Citizenship

  • Must be at least 18 years old
  • Must have good moral character (this refers to whether applicant has been arrested or convicted of any crimes)
  • Must read and understand English
  • Must have had the green card for at least 5 years or 3 years if applicant obtained green card through good faith marriage to US citizen spouse
  • If applying for US citizenship based on marriage to a US citizen and applicant has had green card for 3 years, the applicant must still be legally married to the US citizen and not considering divorce as an option in the near future (i.e. not separated)
  • Must reside at USCIS district where filing for at least 90 days in advance of filing
  • Travel Restrictions: Must be physically present in the US for at least HALF of the 5 years (i.e. 30 months or more) or HALF of the 3 years if applying based on marriage to a US citizen (i.e. 18 months or more).
  • Cannot have left the US for a continuous period of over 1 year within the past 5 years or within the past 3 years if had green card for less than 5 years. If applicant is absent from the US for over 6 months continuously, then applicant will need to explain to Immigration Officer reason for lengthy absence and provide proof to overcome presumption that residence has been abandoned. This can be done with the help of an experienced immigration lawyer.

In the Jacksonville, Fl area, the processing time for an N-400 application with no criminal issues is 3-6 months. The average time is 3-4 months. For other areas, please call our office for more information as to exact processing times. We can file your N-400 application anywhere in the U.S. according to where you reside.

Generally, an applicant should wait for 5 years from any conviction (other than petty offenses) before applying for citizenship. This is a general law and there are many exceptions. In the USCIS jurisdiction in Jacksonville, Fl, our immigration law office was able to file form N-400 for an applicant who had a DUI conviction within the past 5 years. The Immigration Officer approved that N-400. However, please note that this case refers to one case in one USCIS district and may not necessarily apply to your case. If you file an N-400 with arrests and / or convictions in your file, you file at your own risk. Whenever there is any criminal history in an applicant’s background, we highly recommend that the applicant retain an experienced immigration lawyer to handle his or her N-400 case to ensure that the applicant will not place himself or herself at risk by filing for N-400.

Whenever an N-400 application is made, USCIS will be made aware of an applicant’s criminal past (among other things) through the fingerprints that will be taken. If the Immigration Officer believes that the applicant has committed a crime of moral turpitude, then that Immigration Officer can place the applicant in removal / deportation proceedings which may result in the applicant losing his or her green card status. As you can see, this is serious and should not be taken lightly by an applicant with a criminal history. Protect your rights and retain an experienced lawyer for a consultation and hopefully filing the N-400 on your behalf.

If you can be listed on your husband’s orders and join him wherever he is stationed abroad, you may not have to wait for 3 years before applying for US citizenship. In fact, USCIS recently naturalized spouses of US citizens who did not wait 3 years. This took place in Soul, Korea. Please call or contact our immigration law office for more information on this exciting development.

Minor children of US citizens automatically become US citizens once their parent becomes a US citizen. To apply on his own, he or she must be at least 18 years old. Please call our office for details about your specific case.

No, you must consult an experienced immigration lawyer before filing for US citizenship. While the criminal records may indicate that the charges are dropped, USCIS has its own legal standards to determine whether the charge is considered dropped for immigration reasons. The answer will depend on an immigration attorney’s review of the all the documents relating to the PTI (pre-trial intervention) agreement. If USCIS determines that part of the PTI agreement required signature of a standard form that states that the applicant admits his or her guilt, then USCIS may consider this to be an admission to the crime and thus a conviction of the crime. Many times this will depend on the county in Florida, for example, where the PTI agreement took place, as each county has their own PTI agreement that they require applicants to sign and some require admitting guilt while others do not. Again, seek the advice of an experienced immigration attorney and do NOT assume that your crime was dropped, as USCIS makes its own determination as to this issue when PTI agreements are reached.

Our immigration law office will request from USCIS that fingerprints be completed by the applicant abroad near where they are working. If this is not possible, then we will request that the fingerprint appointment be completed on the same day as the N-400 interview.

As you know, filing for your US citizenship is the last and final chapter in your life for dealing with USCIS for your own immigration status. Our immigration law office charges a reasonable fee to make sure your N-400 is completely and correctly submitted, that your fingerprint notice is issued on time for your case (otherwise your case will experience delays), that your N-400 will not be “lost in the system,” and we also prepare you through in-office meeting with our staff for what you can expect at the interview with the USCIS officer.

We will practice with you as though you are really being interviewed by an Immigration Officer. Also, we help you to study, provide real-life sentences and reading samples used by the local USCIS office recently, and help you go through the step-by-step questions the Immigration Officer will ask you about your application regarding the yes or no section and regarding any issues in your case. We will help you with the YES or NO questions so that you can correctly answer the Immigration Officer. If you cannot answer these correctly, the Officer will require that you be rescheduled for another interview appointment, even if you passed the history, reading and writing tests. There is a limit of 2 interviews and then your case will be denied if you are unable to answer the Officer correctly.

We of course will review any criminal record that an applicant may have. Other issues that you may have include and are not limited to the following: travel issues, selective service registration issues, child support payment issues for divorced couples, as well as other issues not mentioned here.

Since this is the last step of your immigration case and since we charge reasonable legal fees, please call our office at 904-448-6646 or contact our immigration law office through email to see how we can help you with your US citizenship application.

YES there are other requirements you must meet and special documents you must present to the Immigration Officer before you can qualify for US citizenship. Please call our office for more information.

The USCIS Guide to Naturalization recommends that you now contact the Social Security Administration to provide them proof that you are now a US citizen. Also you should now apply for a US passport. We have links on our home page under Important Government Links for both the nearest Social Security office and contact information as well as exactly where you can apply for a US passport and what documents are needed, etc.

You can now also begin the process for sponsoring your family members and spouse, if relevant. Please see below for more information.

Some benefits include the following like filing family petitions:

  • You can sponsor your spouse as an IMMEDIATE relative petition
  • You can sponsor your parents for IMMEDIATE relative status for them to receive their green card(s).
  • You can sponsor your siblings, their spouses and minor children
  • You can sponsor your own children whether married or unmarried and whether they are over or under 21 years of age. There are different processing times for each classification, though, and you can call our office for more information.
  • You can vote in US elections.
  • You can reside outside the US without fear of not being able to return to the US.
  • If you are arrested or convicted of any crimes, your legal US status cannot be removed from you because of your crimes. (You can still go to jail of course!).
  • Cannot have left the US for a continuous period of over 1 year within the past 5 years or within the past 3 years if had green card for less than 5 years. If applicant is absent from the US for over 6 months continuously, then applicant will need to explain to Immigration Officer reason for lengthy absence and provide proof to overcome presumption that residence has been abandoned. This can be done with the help of an experienced immigration lawyer.

Name Changes

No you do not have to change your name to your husband’s name. USCIS Officers usually will not make any assumptions about whether your marriage is real or not based alone on whether you changed your name to your husband’s name.

The best course of action would be to change your name at the time that you apply for citizenship. The N-400 form asks on the first page whether you want to change your name. In this way, you are legally changing your name and at the same time ensuring that USCIS will also update your name change in their own system.

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