NYC Immigration Lawyers and Immigration Attorneys

Last Updated on: 11th October 2025, 11:05 am

NYC Immigration Lawyers and Immigration Attorneys

Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek. We have over 50 years of combined experience representing immigrants across all five boroughs of New York City. Our NYC immigration attorneys have been handling cases in NYC since 1976, defending thousands of clients through every administration, every policy shift, every enforcement wave. You know our work – we represented Anna Delvey in the case that became a Netflix series, and we handled the Ghislaine Maxwell juror misconduct case that made national headlines.

If you’re an immigrant in New York City in 2025, you’re living through one of the most confusing and dangerous times in recent memory. NYC is still a “sanctuary city” – but ICE detainers have spiked more than 400% since January. Mayor Adams said he’d keep immigrants safe – then allowed ICE into Rikers Island. Federal immigration authorities have arrested over 1,900 people in NYC since January 2025, an 11% increase from last year. You need NYC immigration lawyers who understand what’s actually happening, not what the politicians say is happening.

What “Sanctuary City” Means in NYC – And What It Doesn’t Mean Anymore

New York City has been a sanctuary city for years. That used to mean NYPD wouldn’t cooperate with ICE. Schools, hospitals, courthouses – these were supposed to be safe spaces. City agencies weren’t supposed to share your information with federal immigration authorities.

In 2025, those protections are weaker than they’ve ever been. On February 13, 2025, Mayor Eric Adams issued an executive order allowing federal immigration authorities into the Rikers Island jail complex. That’s a massive shift. If you’re arrested by NYPD for any reason and sent to Rikers, ICE can now access you there.

The numbers tell the story. Since January 20, 2025, ICE has issued 6,025 arrest requests in New York City – that’s a 400% spike. More than 1,900 people arrested. ICE is operating in all five boroughs – Manhattan, Brooklyn, Queens, the Bronx, Staten Island.

The Mayor Adams Shift You Need to Know About

Mayor Adams testified before Congress in March 2025 reaffirming NYC’s sanctuary protections. Then he turned around and gave ICE access to Rikers. He says he’s only targeting “criminals” – but ICE doesn’t make that distinction. An old deportation order from 2010. A misdemeanor conviction. Driving without a license. These all make you a target.

Our immigration attorneys have represented clients detained at Rikers who had no idea ICE was waiting for them. One day you’re posting bail on a minor charge, the next day ICE has you in custody on an immigration detainer. By the time your family calls us, you’re already in immigration detention in New Jersey or upstate. That’s the reality of 2025.

Why NYC Is Different From Everywhere Else

New York City is home to over 3 million immigrants – nearly 38% of the city’s entire population. No other city in America has this concentration of immigrant communities. The Dominican Republic, China, Jamaica, Guyana, Mexico, Ecuador, Brazil, Haiti, Trinidad and Tobago, Colombia, Russia, El Salvador – these are the top countries of origin for NYC immigrants.

Queens and Brooklyn have the highest concentrations. More than 60% of undocumented New Yorkers live in these two boroughs alone. Almost 75% of foreign-born New Yorkers with limited English proficiency speak Spanish, Chinese (Mandarin or Cantonese), Russian, or Bangla.

At Spodek Law Group, we get it. We have offices in Brooklyn at 195 Montague St and our main office at 233 Broadway in Manhattan. We represent clients from every immigrant community in this city. Our team speaks multiple languages. We understand that a Chinese family in Flushing faces different challenges than a Mexican family in Sunset Park or a Haitian family in Flatbush.

The Five Boroughs – Five Different Immigration Realities

ICE enforcement patterns are different in each borough. Manhattan sees more workplace raids targeting restaurants and construction sites. Queens has heavy enforcement around immigrant neighborhoods like Jackson Heights and Elmhurst. Brooklyn enforcement focuses on court appearances – ICE agents stake out Brooklyn Criminal Court and Brooklyn Supreme Court. The Bronx has increased enforcement near the family courts. Staten Island has less ICE activity but it’s picking up.

You need lawyers who practice in all five boroughs. Who know the local immigration courts. Who appear at 26 Federal Plaza regularly. Who’ve handled bond hearings at Varick Street. Who know which immigration judges grant continuances and which ones rush cases to deportation.

Todd Spodek grew up in Brooklyn working in his father’s law firm. He’s appeared in courts throughout New York City and New York State on a daily basis since he started practicing. That local knowledge – knowing the judges, knowing the ICE field office procedures, knowing how NYC cases move through the system – matters when your life is on the line.

What Changed in 2025 – The Failed State Legislation

The New York for All Act would have prohibited state and local officials from collaborating with federal immigration authorities. It would have strengthened sanctuary protections across New York State. The bill didn’t even make it to a vote in the state Senate – even as ICE raids increased throughout the spring and summer.

That tells you everything you need to know about where things are headed. The political will to protect immigrants is collapsing. Mayor Adams is negotiating with ICE. The state legislature won’t pass stronger protections. You’re on your own – unless you have lawyers fighting for you.

Immigration Services We Provide Across All Five Boroughs

We handle every type of immigration case NYC throws at us. Here’s what our clients need most:

Deportation Defense – If you’re in removal proceedings at 26 Federal Plaza, we fight to keep you here. We’ve won cases others said were unwinnable. Many of the cases we’re famous for handling – are cases that others say were unwinnable. This is key to why clients choose us. We appear before immigration judges regularly. We know their patterns, their preferences, what arguments work.

ICE Detention and Bond Hearings – If ICE arrested you and you’re sitting in detention, we file bond motions immediately. We’ve gotten clients released on bond from Bergen County Jail, Orange County Jail, Hudson County Correctional. We know the bond factors immigration judges consider. We prepare the evidence, the family letters, the proof of ties to the community.

Family Immigration – Bringing your spouse, children, parents to the United States. Marriage green cards – we handle the whole process from the I-130 petition through the interview at 26 Federal Plaza. We’ve represented couples from every country you can imagine. We know what red flags USCIS looks for in marriage cases. We prepare you so there are no surprises.

Asylum – If you fled persecution, we help you apply for asylum. The deadline is one year from arrival. Don’t wait. Our attorneys know the latest country conditions for every major country. We know what evidence the asylum officers and immigration judges want to see. We’ve won asylum cases for clients from China, Venezuela, Yemen, Afghanistan, Cameroon, and dozens of other countries.

Work Visas – H-1B visas for tech workers, nurses, engineers. L-1 visas for managers. O-1 visas for artists, musicians, actors, people with extraordinary ability. NYC is full of talented immigrants trying to work legally. We help employers and employees navigate the visa process. We handle the labor certifications, the prevailing wage determinations, the RFEs when USCIS asks for more evidence.

Naturalization – Becoming a U.S. citizen. In August 2025, USCIS issued new policy requiring a more rigorous review of “good moral character” for naturalization applications. Translation: they’re denying more cases. We review your entire immigration history before filing. We prepare you for the interview. We represent you if USCIS denies your application.

Why Spodek Law Group – What Makes Us Different

We pride ourselves on having a rock star team of attorneys who have over 50 years of combined experience. Our team includes former federal prosecutors who understand how the government builds cases. They know ICE tactics. They know how deportation officers think. That insider knowledge gives our clients an advantage.

Unlike other law firms who are more focused on their relationship with prosecutors and judges, Spodek Law Group owes loyalty to only YOU. We are focused on our clients and getting them the best outcome possible. Many law firms are ‘mills’ and take on every single client. We focus on only working with clients who we can truly help.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey. This case captivated the national spotlight, resulting in a Netflix show created by Shonda Rhimes, and massive amounts of press due to the alleged victims of the crime. Our firm has been featured on NY Post, Newsweek, Fox 5, Business Insider, Bloomberg, USA Today, and the New York Times.

We handled the Ghislaine Maxwell juror misconduct case that prompted Maxwell’s team to seek a mistrial. We defended a businessman in a $12 million Ponzi scheme with 40+ victims and secured only a 6-month sentence despite the massive fraud. We handle high-profile cases and we handle cases for regular people who just need help. Every client gets the same dedication.

Our Approach – Digital-First But Always Available

We have a completely online digital portal – which means all communications, invoicing, submission of documents, and access to confidential information can be done completely virtually. You don’t need to take time off work to come to our office for every little thing. We serve clients coast to coast.

But we’re always available when you need us. We’re available 24/7. Immigration emergencies don’t happen on a schedule. ICE arrests happen at 6 AM. Deportation flights get scheduled on 48 hours notice. When you call, we answer.

The Reality of Immigration in NYC Right Now

Let’s be clear about what you’re facing. ICE is operating in all five boroughs. The sanctuary city protections that used to exist are weaker. Mayor Adams gave ICE access to Rikers. The state legislature won’t pass stronger protections. Federal immigration authorities arrested over 1,900 people in NYC since January – and it’s only going to increase.

If you’re undocumented, if you have a final order of removal, if you missed an immigration court date, if you’re on a visa that’s expiring – don’t wait. Get a lawyer now. Every day you wait makes your situation worse.

Our managing partner, Todd Spodek, is a seasoned attorney – who has many, many, years of experience. He is a second-generation lawyer, with years of experience successfully handling hundreds of complex cases. Regardless of how complicated your case is, or how challenging it is – we can help you get the outcome you need and want.

We offer risk-free consultations – in person or over the phone. During this initial consultation, you can ask us anything you need to know about your immigration situation and what options you have. Our criminal defense attorneys have been interviewed by many major news outlets, like FOX News, NY POST, and others.

Call Spodek Law Group today. Your future is in jeopardy – and you need the best NYC immigration lawyers fighting for you.

Immigration FAQ

How much does an immigration lawyer cost in NYC?

Immigration lawyer costs in NYC will always depend on your case type. No two cases are alike, and the cost one is not proportionate to another. It all depends on what’s going o . Deportation defense typically ranges from $5,000 to $15,000 depending on complexity. If you are dealing with family-based green card application, this will usually cost between $3,000 and $7,000 including the I-130 petition and adjustment of status. Asylum applications run $4,000 to $10,000. Naturalization applications typically cost $1,500 to $3,000. Work visa petitions like H-1B range from $3,000 to $6,000. At Spodek Law Group, we offer transparent pricing during your free consultation and flexible payment plans. The goal is to help you, not take your money and overbill.

Do I need a lawyer for my immigration case?

You always have the right to repreent yourself in federal court. That doesn’t mean you should. The stakes are way too high, if you go this process alone. If you’re facing legal deportation, have any criminal history, or have been denied before, you absolutely need a lawyer to handle this process for you. There is literally no second choice. Even for “simple” cases like marriage green cards, USCIS denial rates are climbing in 2025 – Trump’s administration has changed the game when it comes to what’s going on. One mistake on your application can lead to immigration denial, wasted fees, and years of delays – and in some cases, permanent rejection. An experienced NYC immigration lawyer knows what evidence to gather, how to present your case, and how to handle complications that arise.

What’s the difference between removal and deportation?

These terms are the same. “Deportation” was the official term until 1996, when immigration law changed and started calling it “removal.” Both of the terms mentioned above refer to the legal process where the U.S. government forces you to leave the country. If you receive a Notice to Appear (NTA) in immigration court, you’re in removal proceedings. You’ll have hearings before an immigration judge who will decide if you must leave the United States.

Can an immigration lawyer stop my deportation?

Yes, but it depends on your circumstances of your case – and whether you ask for legal help in time. Immigration lawyers stop deportations every day in NYC. The right lawyers can help. You might qualify for cancellation of deportation if you’ve lived in the U.S. for 10 years and have U.S. citizen family members, there are ways to avoid getting deported. You might be eligible for asylum if you fear persecution in your home country, this is a popular reason for immigrants to come to the USA – freedom. Adjustment of status through marriage to a U.S. citizen is possible even in deportation proceedings. Some clients qualify for prosecutorial discretion where ICE agrees to close your case. Others win on appeal when the immigration judge made legal errors.

How long does the asylum process take in NYC?

The immigration asylum process timeline in NYC varies. If you’re applying affirmatively (not in deportation proceedings), you will first have an interview at the NYC asylum office, which currently takes 6 months to 2 years to schedule. After your interview, you might wait another 6 months to 3 years for a decision. If you’re applying defensively in immigration court at 26 Federal Plaza, your first hearing might be 1 to 3 years away due to massive court backlogs. From your first hearing to your final decision can take another 2 to 4 years depending on your judge and case complexity. Total timeline: 2 to 8 years is realistic. However, you can apply for a work permit 150 days after filing your asylum application, which provides critical stability while your case is pending.

What happens if I miss my immigration court date?

Missing your court date is one of the worst things that can happen. The judge will likely order you deported in your absence—this is called an “in absentia” order of removal. Once you have a deportation order, ICE has the permission to arrest and deport you at any time without another hearing – no exceptions. You become a priority for enforcement and the judge has signed off. However, you may be able to reopen your case if you can prove you didn’t receive notice of the hearing or had an exceptional circumstance like a medical emergency. You must file a motion to reopen within 180 days and provide evidence of why you missed court.

Can I work while my immigration case is pending?

It depends on your case type and your current status. If you have a valid work visa like an H-1B or EAD (Employment Authorization Document), you can continue working. If you’re in deportation proceedings without status, you generally cannot work legally until you apply for and receive a work permit. Asylum applicants can apply for an EAD 150 days after filing their asylum application. Adjustment of status applicants (green card through marriage, for example) can file for an EAD simultaneously with their I-485 application, usually receiving it within 3 to 8 months. If you have DACA, you can renew your work permit every two years. Working without authorization can create serious problems for future immigration benefits and can be used against you in court. We help clients understand their work authorization options and apply for EADs as early as possible in the process.

What is an ICE detainer and what does it mean for me?

An ICE detainer is a request from Immigration and Customs Enforcement asking local law enforcement officers to hold you in custody for up to 48 hours beyond your release date so ICE can take you into immigration custody. If you’re arrested by NYPD and ICE places a detainer on you at Rikers Island or another NYC jail, you won’t be released even after posting bail or serving your sentence—ICE will transfer you to immigration detention. If ICE places a detainer on you, contact an immigration lawyer immediately.

How do I know if I have a deportation order?

You might have a deportation order without realizing it. Common scenarios for a deportation order include, but are not limited to: you missed an immigration court date and the judge ordered you deported in your absence; you were stopped at the border and quickly removed through expedited removal; or you signed papers agreeing to voluntary departure but didn’t leave. To find out if you have a deportation order, call the Immigration Court hotline at 1-800-898-7180 and enter your Alien number. You can also request your immigration file through a Freedom of Information Act (FOIA) request to USCIS, ICE, and CBP. At Spodek Law Group, we check your immigration history during your consultation and can quickly determine if you have any prior orders. If you do have a deportation order, we assess whether it can be reopened or if you need to pursue other options like applying for permission to reapply for admission.

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Deportation Defense Questions

What is cancellation of removal and do I qualify?

Cancellation of removal is one of the most common forms of relief from deportation for long-term residents. There are two types: cancellation for lawful permanent residents (green card holders) and cancellation for non-permanent residents. If you don’t have a green card, you might qualify if you’ve lived continuously in the U.S. for 10 years, you’ve been a person of good moral character, you haven’t been convicted of certain crimes, and your removal would cause “exceptional and extremely unusual hardship” to your U.S. citizen or permanent resident spouse, parent, or child. The 10-year clock stops the moment you receive your Notice to Appear, so time matters. The hardship standard is high—financial hardship alone isn’t enough. We need to show medical conditions, special needs children, elderly parents dependent on you, or other compelling circumstances. At Spodek Law Group, we’ve won cancellation cases by thoroughly documenting our clients’ ties to the U.S. and the devastating impact deportation would have on their families.

What should I do if ICE arrests me or someone in my family?

If ICE arrests you or a family member, take these steps immediately: First, do not resist arrest or provide false information—this only makes things worse. Exercise your right to remain silent except to provide your name. Do not sign any documents without speaking to a lawyer first, especially voluntary departure forms. Second, contact an immigration lawyer within hours if possible. The first 72 hours are critical for filing a bond motion. Third, write down everything: the names and badge numbers of ICE agents, where they took you, what they said, what you signed. Fourth, have family members call the ICE detention hotline at 1-888-351-4024 to locate you in the system. Fifth, gather important documents: birth certificates, marriage certificates, proof of how long you’ve lived in the U.S., criminal records, medical records. At Spodek Law Group, we’re available 24/7 for immigration emergencies. Call us immediately and we’ll start working on your case while you’re still in ICE custody.

Can I get out of immigration detention on bond?

Many people in immigration detention are eligible for bond, but not everyone. If you were convicted of certain crimes considered “aggravated felonies” under immigration law, you’re not eligible for bond. If you have a final order of removal, bond is unlikely. However, if you’re detained on a civil immigration violation, you can request a bond hearing before an immigration judge. The judge considers whether you’re a flight risk and whether you’re a danger to the community. To win bond, we need to show you have family ties in the U.S., stable housing, employment history, community connections, and no serious criminal record. We gather letters from family members, employers, community leaders, and religious organizations. We prepare financial documentation showing who will post bond and how it will be paid. Bond amounts in NYC typically range from $5,000 to $25,000 depending on your case. We’ve successfully secured bond for clients detained in Bergen County Jail, Orange County Jail, and Hudson County Correctional, getting them home to their families while their deportation cases continue.

What crimes can get me deported?

Immigration law defines certain crimes as grounds for deportation, and the list is much broader than most people realize. Aggravated felonies are the most serious—these include murder, rape, drug trafficking, illegal firearms trafficking, fraud over $10,000, burglary, theft offenses with a sentence of one year or more, and even some misdemeanors reclassified as aggravated felonies. Crimes involving moral turpitude (CIMT) like theft, fraud, assault, domestic violence, DUI with injury, can also lead to deportation. Drug offenses are particularly dangerous—even simple marijuana possession can trigger deportation for non-citizens. Domestic violence convictions, stalking, child abuse, and violating protective orders are deportable offenses. Even if you weren’t convicted, just admitting to police that you used drugs can be enough for immigration consequences. If you’re facing criminal charges or have a criminal history, talk to an immigration lawyer before pleading guilty to anything. We work closely with criminal defense attorneys to negotiate plea deals that minimize or eliminate immigration consequences.

Family-Based Immigration Questions

How long does it take to get a green card through marriage in NYC?

The timeline for a marriage-based green card in NYC depends on whether your spouse is a U.S. citizen or green card holder. If married to a U.S. citizen and you’re already in the U.S., the current timeline is 12 to 24 months from filing your I-130 and I-485 applications to receiving your green card. You’ll have a biometrics appointment within 2 to 4 months, then an interview at 26 Federal Plaza typically scheduled 8 to 18 months after filing. If married to a green card holder, add 2 to 3 years because you must wait for a visa to become available. If your spouse is a U.S. citizen but you’re outside the U.S., expect 12 to 18 months for consular processing. These are current averages—USCIS processing times fluctuate. During your wait, you can apply for work authorization and travel permission, typically approved within 3 to 8 months. At Spodek Law Group, we monitor your case closely, respond immediately to any Requests for Evidence, and prepare you thoroughly for your interview to avoid delays.

Will my criminal record affect my spouse’s green card application?

Yes, your criminal record can impact your spouse’s green card application, but it doesn’t automatically disqualify you. USCIS will ask about arrests, convictions, and even dismissed charges during the application process and interview. Certain crimes make you inadmissible: drug offenses, crimes involving moral turpitude, prostitution, human trafficking, and serious criminal activity. However, many criminal issues can be overcome with waivers. If you were convicted of only one crime involving moral turpitude and the maximum sentence was one year or less, you might be admissible. For other crimes, you can file a Form I-601 waiver showing that refusing your green card would cause extreme hardship to your U.S. citizen spouse or parent. We’ve successfully obtained waivers for clients with DUI convictions, theft charges, assault cases, and even some drug offenses. The key is full disclosure—lying about your criminal history will result in permanent inadmissibility for fraud. We review your complete criminal record before filing and develop a strategy to address any issues upfront.

Can I sponsor my parents for a green card?

Yes, if you’re a U.S. citizen and at least 21 years old, you can sponsor your parents for green cards. This is one of the fastest family-based immigration categories because there’s no waiting list for immediate relatives of U.S. citizens. The process takes 12 to 18 months on average. You file Form I-130 for each parent, along with proof of your U.S. citizenship and your relationship (your birth certificate showing they’re your parents). If your parents are in the U.S., they can file Form I-485 to adjust status simultaneously. You must also file Form I-864 Affidavit of Support proving you earn at least 125% of the federal poverty guideline—for a household of three in 2025, that’s about $28,000 per year. If you don’t meet the income requirement, you can use a joint sponsor (someone who’s a U.S. citizen or green card holder willing to financially support your parents). Your parents will need medical exams, biometrics, and interviews. At Spodek Law Group, we handle the entire process and prepare your parents thoroughly for their interviews, including addressing any time they spent in the U.S. without status.

What happens at the marriage green card interview?

The marriage green card interview at 26 Federal Plaza is where USCIS determines if your marriage is genuine. You and your spouse must attend together. The officer will ask questions about how you met, your wedding, your daily life together, your home, your finances, future plans, and details about each other’s families. They’re looking for inconsistencies that suggest fraud. Typical questions: “What side of the bed does your spouse sleep on?” “What did you have for breakfast today?” “When is your spouse’s birthday?” “Where does your spouse work?” “Who takes out the trash?” They’ll review your documents: joint bank statements, lease or mortgage in both names, utility bills, insurance policies, photos together, wedding invitations, affidavits from friends and family. If they suspect fraud, they might separate you and compare your answers. Interviews typically last 15 to 30 minutes if straightforward, but can extend to an hour or more if issues arise. We’ve prepared hundreds of couples for these interviews. We conduct mock interviews, review your documents, and make sure you’re ready for any question they might ask.

Work Visa Questions

Can my employer sponsor me for a green card?

Yes, employers can sponsor foreign workers for green cards through employment-based immigration categories. The most common path is the PERM labor certification process, where your employer must prove no qualified U.S. workers are available for your position. The process has three stages: First, the PERM application typically takes 6 to 12 months. Second, filing Form I-140 immigrant petition takes another 4 to 6 months (or 15 days with premium processing). Third, either filing Form I-485 if you’re in the U.S. or consular processing if abroad, taking 12 to 24 months. Total timeline: 2 to 4 years depending on your country of birth and category. India and China have significant backlogs adding years of waiting. Your employer must pay the legal fees for PERM and I-140, though you can pay for your I-485. You’ll need to stay with that employer through the entire process, though you can change jobs after your I-485 is pending for 180 days using AC21 portability. At Spodek Law Group, we work with NYC employers in tech, healthcare, finance, hospitality, and other industries to sponsor valuable employees.

What is an H-1B visa and how do I get one?

The H-1B is a work visa for specialty occupations requiring a bachelor’s degree or higher in a specific field. Common H-1B positions in NYC include software engineers, data scientists, financial analysts, accountants, architects, engineers, nurses, teachers, and marketing managers. Your employer must sponsor you—you cannot apply for yourself. The employer files Form I-129 along with a Labor Condition Application certifying they’ll pay you the prevailing wage. There’s an annual cap of 85,000 H-1B visas (65,000 regular cap plus 20,000 for master’s degree holders). Registration opens in March each year, and USCIS conducts a lottery because demand far exceeds supply. If selected, your employer has 90 days to file your full petition. Processing takes 2 to 6 months, or 15 days with premium processing. H-1B is initially granted for up to 3 years and can be extended to 6 years total. You can work only for your sponsoring employer unless you get approval for concurrent H-1B employment. At Spodek Law Group, we help employers prepare winning H-1B petitions and handle Requests for Evidence that increasingly challenge these applications.

Asylum & Refugee Questions

What is the one-year asylum deadline?

You must file your asylum application within one year of your last arrival in the United States, unless you qualify for an exception. This deadline is strictly enforced. If you arrived January 15, 2024, you must file by January 15, 2025. USCIS and immigration courts will deny your asylum application if you file late without proving exceptional circumstances. Exceptions include: changed circumstances in your home country that materially affect your eligibility (new persecution, change in government), extraordinary circumstances that prevented timely filing (serious illness, mental/physical disability, ineffective assistance of counsel), or filing in a reasonable period after the changed or extraordinary circumstances. “Extraordinary circumstances” is interpreted narrowly—general fear or not knowing about the deadline usually doesn’t qualify. If you’re approaching or past the one-year deadline, contact an immigration lawyer immediately. We can assess whether you qualify for an exception and file your application with detailed legal arguments explaining any delay.

Can I include my children in my asylum application?

Yes, you can include your unmarried children under age 21 as dependents on your asylum application, even if they’re in the United States or abroad. If they’re in the U.S., include them on your Form I-589 in Part A.II. If they’re outside the U.S., you can file for them to join you later if you win asylum. Including your children in your application means if you win asylum, they automatically receive asylum derivative status. They’ll get the same benefits: work authorization, path to a green card after one year, and protection from deportation. However, if your children turn 21 before your case is decided, they “age out” and lose derivative eligibility—you’ll need to explore other options for them. Your children’s experiences can also strengthen your asylum case. If they witnessed persecution, were threatened, or face danger because of your identity or actions, their experiences are relevant evidence. At Spodek Law Group, we include detailed information about our clients’ children in asylum applications to show the full scope of harm they face and why the entire family needs protection.

Citizenship Questions

How long do I have to wait to apply for U.S. citizenship?

The basic rule: you can apply for naturalization after being a permanent resident (green card holder) for 5 years. However, if you got your green card through marriage to a U.S. citizen and you’re still married to that person, you can apply after only 3 years. If you served in the U.S. military during peacetime, you can apply after 1 year; during wartime (which includes recent periods), you might be eligible immediately. You can file your N-400 application up to 90 days before you reach your 3-year or 5-year anniversary. For example, if you got your green card on January 1, 2020, you can file for naturalization as early as October 3, 2024 (90 days before January 1, 2025). Make sure you meet the continuous residence and physical presence requirements: you must have been physically present in the U.S. for at least 30 months out of the 5 years (or 18 months out of 3 years for marriage-based cases), and you cannot have taken any trips abroad longer than 6 months.

What is the good moral character requirement for citizenship?

To become a U.S. citizen, you must demonstrate “good moral character” during the 5 years (or 3 years for marriage-based cases) before applying. In August 2025, USCIS issued new policy requiring more rigorous review of good moral character, resulting in more denials. Issues that can disqualify you: any aggravated felony conviction, murder, drug trafficking, illegal gambling, prostitution, fraud against the government, DUI convictions (especially multiple), domestic violence, child abuse or neglect, failing to pay court-ordered child support, failing to file tax returns, lying on your N-400 application, or being a habitual drunkard. Even arrests without convictions can raise questions—you must disclose all arrests even if charges were dismissed. USCIS also looks at traffic violations—multiple tickets might show lack of good moral character. However, minor issues don’t always disqualify you. At Spodek Law Group, we conduct a thorough review of your history before filing. If you have any criminal record, tax issues, or other red flags, we gather evidence of rehabilitation, character references, and legal arguments to overcome these concerns.

Costs & Fees Questions

Do you offer payment plans for immigration cases?

Yes, we offer flexible payment plans because we know immigration legal fees can be a significant financial burden for families. The structure depends on your case type and complexity. For most cases, we require an initial retainer to begin work, then allow you to pay the remainder in monthly installments. For example, on a $7,000 family green card case, you might pay $2,500 upfront and $750 per month for six months. For deportation defense, we typically need a larger upfront retainer since court dates can be scheduled quickly and we need to be fully prepared. Payment plans are interest-free and we work with your budget to create a schedule that’s manageable for your family. We accept credit cards, debit cards, checks, money orders, and bank transfers. We never want cost to be the reason someone goes without legal representation when their future in the United States is at stake. During your free consultation, we’ll discuss your case, provide a fee quote, and design a payment plan that works for you.

What’s included in your legal fees?

Our legal fees cover all professional services required to handle your case from start to finish. This includes: initial consultation and case evaluation, reviewing all your documents, preparing and filing all applications and supporting evidence, communicating with USCIS/ICE/immigration court on your behalf, responding to Requests for Evidence or Notices of Intent to Deny, preparing you for interviews or court hearings, attending interviews or court hearings with you, and post-decision support for appeals if necessary. Our fees do NOT include government filing fees (which you pay directly to USCIS or immigration court), translation costs if documents need professional translation, costs for obtaining documents like police certificates or medical exams, travel expenses if we need to travel outside NYC for your case, or appeal filing fees if we need to appeal to higher courts. We provide detailed fee agreements in writing so you know exactly what’s included. There are no surprise charges—if unexpected work arises during your case, we discuss additional fees with you before proceeding. We believe in complete transparency about costs from day one.

Can I get a refund if I change my mind?

Our refund policy depends on how much work we’ve completed on your case. If you retain us and then change your mind before we’ve begun substantive work on your file, we’ll refund your retainer minus a small administrative fee for the time spent on your initial consultation and file setup. Once we’ve begun working on your case—conducting legal research, drafting applications, gathering evidence, communicating with government agencies—we’ve earned those fees and they’re non-refundable. However, we credit any unearned portion of your retainer. For example, if you paid a $5,000 retainer and we completed $3,500 worth of work before you decided to end representation, we’d refund $1,500. If your case is denied through no fault of yours and ours (for example, USCIS changes the law and you no longer qualify), fees for work already performed are not refundable, but we don’t charge you for work not yet completed. We always discuss scope of work and likely outcomes during your consultation so you can make an informed decision before retaining us. Our goal is that you never regret choosing Spodek Law Group to represent you.