Q&A: Your Immigration Questions Answered

“If I’m granted a 212 waiver with my adjustment of status for a crime involving moral turpitude, can DHS still put me in removal proceedings just for that CIMT?”
Yes. USCIS can approve the waiver, but ICE can still decide to detain or charge you at the interview if it believes the CIMT makes you removable. Anyone in this situation should attend the interview with experienced counsel.

“My husband had a second interview in Morocco and the embassy kept his passport. It’s been a month and we’ve heard nothing—normal?”
Unfortunately, yes. After collecting extra evidence, many posts take several weeks or even months to issue a final decision. Keep following up with the embassy, but delays alone aren’t unusual.

“Do they provide interpreters at a U.S. marriage-based interview?”
At U.S.-based adjustment-of-status interviews you must supply your own interpreter. For consular interviews abroad, posts usually offer one or two common languages (e.g., English or Spanish in Ciudad Juárez).

“Why did USCIS say ‘no records found’ in response to my FOIA when I know the petitioner filed something 30 years ago?”
Older files can be hard to locate. Try a new FOIA with more identifying details (all name spellings, A-number, DOB); USCIS retains many records going back a century, but they often need extra clues to pull the right box.

“Is it safe to file adjustment of status with the following criminal charges on my record…?”
No attorney can answer without a full legal analysis. Each charge must be compared to immigration statutes and the state criminal code to see if it’s a CIMT, qualifies for the petty-offense exception, or triggers a permanent bar. Hire counsel to review certified court dispositions before you file.

“Our K-1 case just reached the Manila embassy. What financial documents will they want with the I-134?”
For a typical W-2 petitioner: the last three years of U.S. tax returns or IRS transcripts, recent pay stubs, and a letter of employment. Self-employed, retired, or asset-based petitioners may need extra proof such as business ledgers or bank statements.

“We’ll marry on June 11, but my spouse must return to the Philippines June 16. I plan to file both an I-129F and an I-130—good idea?”
The I-130 (spouse visa) is correct once you’re married. Filing an I-129F for a K-3 after that is technically allowed, but the K-3 line is slower than the I-130 in practice, so the I-130 almost always finishes first.

“Can green-card holders still leave and re-enter the U.S.? I heard a new law bans them from traveling.”
There’s no such law. LPRs may travel, but long trips (over six months) or certain criminal/immigration histories can trigger problems at re-entry. Current executive actions can’t override the Immigration and Nationality Act.

“Does immigration look at the balance in my bank account when deciding my case?”
They do when you rely on assets to meet the affidavit-of-support requirement or when joint accounts are offered as relationship evidence. Officers focus on average balances and real activity, not just a single large deposit.

“My fiancé’s interview in India ended with a 221(g) and a notice that the case is being returned to USCIS. Is that basically a denial?”
Sadly, most returned K-1 files end in denial because the four-month petition validity expires en route. A few applicants get a chance to respond to a “Notice of Intent to Deny,” but approval rates are low once a case is sent back.

“I also got a 221(g). Why might that happen, and how long is administrative processing?”
Reasons range from missing documents to officer doubts about relationship bona fides or the need for a waiver. Extra processing can last weeks for simple fixes or years if a waiver is required. Review any slip or instruction sheet closely and stay in contact with the post.

“We’re in Canada—what are current fiancé vs. spouse visa wait times?”
As of May 27, 2025: spouse visas are averaging ~24 months (15 months USCIS, 1 month NVC, 4–6 months to interview). Fiancé visas from Canada average around 12 months.

“Great news—our I-130 was approved! What happens next, and will we get a 2- or 10-year green card?”
Next stop is NVC document collection, then the consular interview. If you’ve been married less than two years on the interview date, the beneficiary gets a 2-year conditional card; otherwise, it’s a 10-year card.

“If I file an I-130 and then a K-3, will USCIS ignore the K-3 because the I-130 is faster?”
Yes. The I-130 nearly always wins the “two-horse race,” and the government closes the K-3 once the I-130 is approved. Filing a K-3 rarely speeds things up, and if approved it follows K-1-style limitations you may not want.

“Can my relative act as interpreter at a USCIS interview, or do I need a professional?”
USCIS allows friends or relatives, but they must be fully bilingual and accurately translate every word. In practice, hiring a neutral professional avoids mistakes and credibility issues.

Join Us for Weekly Live Immigration Chats

Have more questions about the U.S. immigration process for couples? Join Attorney Megan Pastrana and the team every Tuesday at 11 AM EST for our Weekly Live Immigration Attorney Chats. You can ask your questions live on YouTube, Facebook, Instagram, and LinkedIn, and get personalized guidance for your case.

If you have any questions or concerns, we’re committed to supporting you every step of the way, helping you navigate the complexities of the immigration journey with confidence. If you find yourself overwhelmed or uncertain about the next steps, reach out for personalized advice tailored to your unique situation. And don’t hesitate to visit our resource center for more detailed guides to use on your journey through this process.