Home
About
Practice Areas
Resources
Success Stories Blog
Contact
Book Free Consultation 📞 (877) 808-8666
Immigration Process Guide
Step-by-Step
Immigration
Process Guide

Understand every step of your immigration journey. Select your process type below to get started.

General Immigration Process

An overview of how immigration cases typically progress from initial consultation to final approval.

Typical Duration: 6 months - 3+ years
01
Free Consultation
Day 1

Your journey begins with a free consultation with Attorney Shair. We review your situation, goals, and eligibility for various immigration options.

  • Discuss your immigration history and goals
  • Identify the best visa category for your case
  • Receive a clear explanation of process and timeline
  • Get a transparent fee quote with no surprises
Tip: Bring any immigration documents you have including passport, prior visas, and USCIS notices.
02
Case Strategy and Engagement
Week 1-2

Once you decide to move forward, we develop a personalized legal strategy tailored to your specific goals and circumstances.

  • Sign engagement agreement and pay initial retainer
  • Receive complete document checklist for your case
  • Attorney Shair outlines timeline and next steps
  • Begin gathering required documentation
Tip: Do not delay. Some immigration benefits have strict deadlines or filing windows.
03
Document Collection and Review
Weeks 2-6

We work with you to gather and review all required documents. Attorney Shair personally reviews everything for accuracy and completeness.

  • Submit all personal and supporting documents
  • Attorney reviews for accuracy and completeness
  • Additional evidence gathered as needed
  • Translation of non-English documents if required
Tip: Incomplete or inaccurate documents are the number one cause of delays. Our review process minimizes this risk.
04
Petition Preparation and Filing
Weeks 4-8

Attorney Shair prepares your complete petition package and files with the appropriate agency.

  • Forms completed and reviewed by Attorney Shair
  • Supporting documentation organized and compiled
  • Filing fees prepared and submitted
  • Petition filed with proof of receipt
Tip: Keep a copy of everything filed. Attorney Shair will provide you with complete copies of your petition package.
05
Agency Processing and Response
Months 1-24+

Your case is with USCIS or the agency. We monitor, respond to any requests, and keep you updated throughout the process.

  • Receive receipt notice confirming case is pending
  • Biometrics appointment if required
  • Respond to Requests for Evidence if issued
  • Interview preparation if interview is scheduled
Tip: Processing times vary widely. Attorney Shair will give you realistic expectations based on current USCIS processing times.
06
Decision and Next Steps
Varies

Your case receives a final decision. Attorney Shair advises on next steps whether approved, denied, or requiring appeal.

  • Approval: receive your document, visa, or card
  • Denial: evaluate appeal options with Attorney Shair
  • If approved: guidance on maintaining status and future options
  • Naturalization eligibility tracking for green card holders
Tip: An initial denial is not always the end. Many cases can be successfully appealed or refiled with stronger evidence.

Employment-Based Immigration

Step-by-step process for EB-1A, EB-2 NIW, O-1A, and other employment-based visas and green cards.

Typical Duration: 6 months - 5+ years
01
Eligibility Assessment
Day 1

We evaluate your qualifications to determine the strongest employment-based category for your case.

  • Review publications, awards, and professional recognition
  • Assess education, experience, and income level
  • Identify best category: EB-1A, NIW, O-1A, or PERM
  • Outline documentation strategy and timeline
Tip: EB-1A and NIW allow self-petition with no employer sponsor needed. This is a major advantage Attorney Shair will help you leverage.
02
Evidence Gathering
Weeks 1-8

We build your evidentiary record to demonstrate extraordinary ability or national interest value.

  • Gather awards, publications, citations, and media coverage
  • Collect recommendation letters from leading experts
  • Document salary data and peer comparisons
  • Compile judging, reviewing, and membership evidence
Tip: Quality matters more than quantity. Attorney Shair selects the most compelling evidence to build a winning narrative.
03
Petition Drafting
Weeks 6-12

Attorney Shair personally drafts your petition with a compelling legal argument connecting evidence to regulatory criteria.

  • Draft detailed cover letter and legal brief
  • Organize evidence exhibits with tabs and labels
  • Expert recommendation letters reviewed and refined
  • Final review for completeness and persuasiveness
Tip: The quality of your legal brief is critical. Attorney Shair brings extensive EB-1A and NIW experience to every petition.
04
USCIS Filing and Receipt
Week 12-14

We file your complete petition package with USCIS and receive your receipt notice confirming the case is officially pending.

  • Submit I-140 petition with all exhibits
  • Pay applicable USCIS filing fees
  • Receive I-797 receipt notice within 2-4 weeks
  • Premium processing available for faster decision
Tip: Premium processing is available for most employment-based petitions and can significantly reduce your wait time.
05
RFE Response if Issued
If applicable

If USCIS issues a Request for Evidence, Attorney Shair prepares a comprehensive response to address their concerns.

  • Receive RFE identifying specific concerns
  • Attorney Shair analyzes and develops response strategy
  • Additional evidence gathered and submitted
  • Response filed before deadline typically 87 days
Tip: An RFE is not a denial. Attorney Shair has extensive experience turning RFEs into approvals with strong responses.
06
Approval and Green Card Process
After I-140 Approval

Once your I-140 is approved, we move to adjustment of status or consular processing for your green card.

  • Check priority date and visa bulletin
  • File I-485 if in the U.S. or schedule immigrant visa interview
  • Attend biometrics and interview if required
  • Receive green card valid for 10 years
Tip: Your green card is the final step toward permanent residence and eventual U.S. citizenship.

Family-Based Immigration

How to bring your spouse, children, parents, or other family members to the United States permanently.

Typical Duration: 1 - 10+ years
01
Determine Your Category
Day 1

The process depends on your relationship and immigration status. Immediate Relatives of U.S. citizens have priority with no annual cap.

  • U.S. citizen petitioning for spouse: IR-1/CR-1
  • U.S. citizen petitioning for parents: IR-5
  • U.S. citizen petitioning for child: IR-2
  • Green card holder petitioning for spouse: F2A with annual cap
Tip: Immediate Relatives have no annual cap meaning faster processing. If you are a U.S. citizen, your spouse and minor children qualify as Immediate Relatives.
02
File Form I-130 Petition
Weeks 1-4

The U.S. citizen or LPR petitioner files Form I-130 to establish the qualifying family relationship with USCIS.

  • Complete Form I-130 accurately
  • Gather proof of relationship such as marriage or birth certificates
  • Provide proof of petitioner U.S. citizenship or LPR status
  • Pay USCIS filing fee and submit package
Tip: Attorney Shair reviews every detail before filing. Errors or missing documents cause significant delays in family cases.
03
USCIS Processing and Priority Date
Months 1-24

USCIS processes the I-130. For Immediate Relatives there is no priority date wait. For preference categories you must wait for your date to become current.

  • Receive I-130 receipt notice from USCIS
  • USCIS sends approval or issues RFE
  • Check monthly Visa Bulletin for priority date in preference categories
  • Notify Attorney Shair when priority date becomes current
Tip: The monthly Visa Bulletin determines when you can proceed. Attorney Shair monitors your priority date and notifies you when to act.
04
Consular Processing or Adjustment
After I-130 Approval

Family member abroad attends consular interview. Family member in the U.S. applies for adjustment of status with Form I-485.

  • File DS-260 for consular or I-485 for adjustment of status
  • Attend medical exam with USCIS-designated physician
  • Submit supporting documents and financial affidavit I-864
  • Attend biometrics appointment at USCIS office
Tip: The Affidavit of Support I-864 is critical. You must demonstrate income of at least 125% of federal poverty guidelines.
05
Interview and Approval
Varies

Your family member attends an interview at the U.S. consulate or USCIS field office. Attorney Shair prepares you thoroughly for every question.

  • Prepare for interview with Attorney Shair guidance
  • Bring all original documents to interview
  • Answer questions about your relationship honestly and confidently
  • Receive approval or administrative processing notice
Tip: Interview preparation is key. Attorney Shair will conduct a full mock interview with you to ensure you are completely ready.

Removal Defense Process

What happens when you receive a Notice to Appear in immigration court and how Attorney Shair fights to keep you in the U.S.

Typical Duration: Months to years
01
Receive Notice to Appear
Immediately

A Notice to Appear initiates removal proceedings. Contact Attorney Shair immediately as deadlines are extremely strict in immigration court.

  • Do not ignore the NTA as it contains your court date and charges
  • Note the court location, date, and time carefully
  • Gather all immigration documents immediately
  • Contact Attorney Shair as soon as possible
Tip: Time is critical. Missing a court date results in an automatic removal order in absentia. Call us at (877) 808-8666 immediately.
02
Master Calendar Hearing
First Court Date

The first hearing before an immigration judge. Attorney Shair appears with you to enter pleadings and identify all potential defenses.

  • Attorney Shair enters appearance with the immigration court
  • Contest or admit the factual allegations in the NTA
  • Identify and assert all applicable defenses and relief options
  • Receive schedule for individual merits hearing
Tip: Having an attorney at your first hearing makes a critical difference. Never appear in immigration court alone.
03
Defense Strategy Development
Weeks 1-8

Attorney Shair develops the strongest possible legal strategy based on your circumstances, immigration history, and available relief options.

  • Evaluate all forms of relief: cancellation, asylum, adjustment
  • Review criminal history impact on immigration options
  • Identify qualifying U.S. citizen or LPR family members
  • Develop evidentiary strategy for the merits hearing
Tip: Common defenses include cancellation of removal, asylum, adjustment of status, and voluntary departure. Attorney Shair identifies every option available.
04
Evidence Preparation
Weeks 4-16

We build your complete evidentiary record for the individual merits hearing including documents, declarations, and expert witnesses.

  • Gather proof of continuous U.S. presence and residence
  • Collect evidence of family ties and hardship to qualifying relatives
  • Obtain expert witnesses or country condition reports for asylum
  • Prepare your personal declaration and testimony outline
Tip: The strength of your evidence determines the outcome. Attorney Shair knows exactly what immigration judges find most compelling.
05
Individual Merits Hearing
Court Date

The full hearing before an immigration judge where Attorney Shair presents your case, examines witnesses, and argues for your relief.

  • Present all evidence to the immigration judge
  • Attorney Shair delivers opening argument for your case
  • Witness examination and cross-examination by government attorney
  • Attorney Shair delivers persuasive closing argument
Tip: Attorney Shair prepares exhaustively for every hearing. Your case will be presented with precision and full dedication.
06
Decision and Appeals
After Hearing

The immigration judge issues a decision. If denied, Attorney Shair evaluates appeal options to the Board of Immigration Appeals and federal courts.

  • Receive the judge oral or written decision
  • If approved: receive your relief and document your new status
  • If denied: file appeal with BIA within 30 days of decision
  • Federal circuit court review available after BIA decision
Tip: A denial from the immigration judge is not the end. BIA appeals and federal court petitions are powerful tools Attorney Shair uses aggressively.
Ready to Start?

Begin Your Immigration Journey

Now that you understand the process, take the first step. Attorney Shair will personally review your case — free of charge.

Book Free Consultation (877) 808-8666
Chat on WhatsApp