Frequently Asked Questions.

Yes! U.S. immigration law is federal law, which governs uniformly across all 50 states, U.S. territories, and international consulates. As an attorney licensed to practice in New York, Attorney Joseph B. Caraccio is authorized to represent clients anywhere in the nation before USCIS, the Executive Office for Immigration Review (EOIR), and the Board of Immigration Appeals (BIA). We routinely conduct consultations and case preparation via secure video and telephone.

We believe that immigration clients deserve absolute truth. We will never tell you that you qualify for a benefit simply to charge legal fees. If we review your immigration history and determine that a petition is barred by statute, carries a high likelihood of denial, or risks triggering removal proceedings, we tell you frankly. When we agree to take on your case, it is because we believe there is a viable, defensible strategy.

Yes. You will not be passed off to non-attorney staff or left stranded without answers. Attorney Joseph B. Caraccio Personally oversees case strategy and filings, takes your calls, and responds to client emails promptly.

Adjustment of Status (Form I-485) is the process of obtaining a green card while physically inside the U.S., without having to leave the country. Consular Processing involves applying through the Department of State at a U.S. Embassy or Consulate in the applicant's home country. Which pathway is right for you depends on how you entered the U.S. and your current status.

A Stokes interview is an intense marriage interview where spouses are separated and questioned individually with identical questions to detect discrepancies. It usually occurs when USCIS suspects a marriage was entered into solely for immigration benefits. Having an attorney present during a Stokes interview is critical to protect your due process rights and prevent inappropriate officer intimidation.

Generally, no—not until your Form I-131 Advance Parole travel document has been formally approved by USCIS and physically delivered to you. Leaving the country without Advance Parole results in your adjustment of status application being deemed abandoned, which can trigger severe consequences if you accumulated unlawful presence.

It depends entirely on the specific penal statute and disposition of the charge. Certain crimes constitute an absolute statutory bar to showing Good Moral Character or may even constitute an aggravated felony that makes you deportable. You should never file Form N-400 with an arrest record without having an immigration attorney inspect your certified certificates of disposition first.

Do not panic, but do not ignore it. Missing your scheduled hearing will result in an automatic in absentia removal order. Contact our office immediately. We will verify your case in the EOIR automated hearing system, review the factual allegations, assess whether DHS properly served you, and prepare your application for relief from removal.