Frequently Asked Questions

Find answers to some of the most common questions we receive by selecting the area of law you’re looking for FAQs on below. If you need additional information or would like to discuss your situation, please contact our office today.
What types of immigration cases do you handle?

Our firm handles a wide range of matters, including family-based petitions, green card applications, waivers, DACA, humanitarian visas such as T visas and U visas, and naturalization applications. We also represent children and young adults in Special Immigrant Juvenile Status (SIJS) cases. Services depend on eligibility, which we’ll evaluate during your initial consultation.

What is DACA, and can you help with renewals or advanced parole?

DACA (Deferred Action for Childhood Arrivals) is a federal program providing temporary protection from deportation and work authorization to undocumented individuals who were brought to the United States as children. As of late 2025, while the program’s future remains legally complex, USCIS continues to accept and process renewal requests for current DACA recipients. Attorney Vianey K. Hurtado and her legal team provide extensive assistance with DACA and travel-related documents. Vianey K. Hurtado helps ‘Dreamers’ maintain their DACA protection and work authorization in the U.S. by:

  • Completing Application Forms: Ensuring Form I-821D, Form I-765, and Form I-765WS are filed correctly to increase approval chances.
  • Managing Criminal History Risks: Leveraging her dual experience in criminal defense and immigration to assist those with convictions. She assesses if past offenses are disqualifying and gathers necessary certified court records to support a renewal.
  • Strategic Timing: Advising clients to file their renewal applications approximately 120 to 150 days before their current status expires.

Advance Parole allows DACA recipients to travel abroad and re-enter the U.S. without abandoning their status. Vianey K. Hurtado assists with:

  • Eligible Travel Categories: Securing travel permits for verified humanitarian (e.g., visiting a sick relative), educational (e.g., study abroad), or employment purposes.
  • Pathway to Residency: Helping DACA recipients use Advance Parole to establish a "legal entry" (being paroled back in), which can sometimes open a pathway to a Green Card through adjustment of status.
  • Emergency Requests: Assisting with expedited "InfoPass" appointments at local USCIS field offices for extremely urgent humanitarian situations.
  • Risk Mitigation: Providing up-to-date guidance on heightened border scrutiny. Even with an approved document, re-entry is at the discretion of CBP officers, making professional legal review of your immigration history critical before departure.
Can you help with my family's immigration?

Yes, the firm assists U.S. citizens and green card holders with sponsoring eligible family members, including spouses, children, parents, and siblings, through family-based petitions and related green card applications.

What documents do I need to apply for a green card or citizenship?

While specific requirements vary by eligibility category (e.g., family-based vs. employment-based), standard documents typically include:

  • Government-Issued Photo ID: A copy of a valid passport biographical page or other government ID.
  • Proof of Birth: A long-form birth certificate that lists both parents' names.
  • Evidence of Lawful Entry: Your most recent Form I-94 Arrival/Departure record and copies of any U.S. visa stamps in your passport.
  • Medical Examination: A sealed Form I-693 completed by a USCIS-designated civil surgeon.
  • Passport Photos: Two identical color passport-style photographs taken recently.
  • Criminal Records (if applicable): Certified police and court records for all arrests or convictions.
  • Proof of Relationship: Marriage certificates, divorce decrees from prior marriages, or birth certificates of children.
  • Affidavit of Support:Form I-864 from a qualifying sponsor, along with their tax returns and proof of citizenship or residency.

Documents for U.S. Citizenship (Form N-400)

To apply for naturalization, you generally need to provide:

  • Proof of Permanent Residence: A copy of both sides of your Permanent Resident Card (Green Card).
  • Tax Records: IRS tax return transcripts for the last five years (or three years if applying based on marriage to a U.S. citizen).
  • Travel Records: A list of all trips taken outside the U.S. in the last five years, with exact dates.
  • Criminal History Documentation: For any arrests or convictions, you must generally provide original or court-certified copies of the arrest record and final court disposition (e.g., dismissal order or conviction record).
  • Marital Status Documents: Marriage certificates and proof of termination of all prior marriages (divorce or death certificates).
  • Selective Service Registration: Men who lived in the U.S. between the ages of 18 and 26 must provide proof of registration. Note on Foreign Language Documents: Any document not in English must be accompanied by a full certified English translation that includes a signed statement from the translator.
Can I travel outside the U.S. while my immigration case is pending?

Whether you can travel while your case is pending depends on your current status and whether you have obtained specific travel authorization.

For Green Card (Adjustment of Status) Applicants

If you have a pending Form I-485 to adjust status, leaving the U.S. without proper authorization is generally considered an abandonment of your application, which can lead to immediate denial.

  • Advance Parole (Form I-131): You must apply for and physically possess an approved Advance Parole document before departing.
  • Authorized Reasons: Vianey K. Hurtado notes that Advance Parole is typically granted for specific, authorized purposes such as urgent humanitarian reasons (visiting a sick relative), employment, or education, rather than general leisure or vacations.
  • Individual Case Considerations: Even if you may qualify for Advance Parole, traveling is not appropriate in every case. Recent decisions from the Board of Immigration Appeals (BIA), as well as your individual immigration history and procedural posture, may affect whether applying for or traveling with Advance Parole is recommended in your particular case. We can review these issues with you during a consultation.

For Citizenship (Naturalization) Applicants

Applicants with a pending Form N-400 can generally travel internationally as long as they have a valid Permanent Resident Card (Green Card). However, key risks include:

  • Missing Appointments: You must be present in the U.S. for scheduled biometrics, interviews, and oath ceremonies.
  • Residence Requirements: Time spent abroad continues to count toward "continuous residence" and "physical presence" requirements. Trips lasting more than 6 months may lead USCIS to question whether you have abandoned your residence.

Critical Warnings for Individuals with Criminal or Immigration Issues

Attorney Vianey K. Hurtado cautions that international travel may carry significant immigration consequences for individuals with unlawful presence, prior immigration violations, arrests, criminal charges, or criminal convictions.

  • Unlawful Presence: In some cases, departing the United States after accruing more than 180 days of unlawful presence may trigger a 3-year bar, while departing after one year or more may trigger a 10-year bar. Whether a particular departure triggers a bar depends on the person’s immigration history and applicable law.
  • Criminal History and Inadmissibility: Criminal activity, arrests, charges, pleas, or convictions may affect a person’s ability to return to the United States, depending on the specific offense, disposition, and immigration status.
  • Changes in the Law: Immigration law is constantly evolving. Recent Supreme Court decisions, Board of Immigration Appeals decisions, federal court rulings, and agency interpretations may affect whether international travel is advisable in a particular case.

Because Advance Parole does not guarantee that travel is safe or that a person will be permitted to return in every circumstance, it is always advisable to have your individual immigration and criminal history reviewed before traveling internationally.

What's the difference between I-601 & I-212?

Form I-601 is used to ask USCIS to waive certain grounds of inadmissibility so a person can still receive a visa or green card. It is most often used when someone is inadmissible because of:

  • Fraud or misrepresentation
  • Certain criminal issues
  • The 3‑ or 10‑year unlawful presence bars (when a waiver is legally available)

In many I-601 cases, the person must show extreme hardship to a qualifying U.S. citizen or lawful permanent resident family member.

Form I-212, on the other hand, is used to request permission to apply to re-enter the United States after a prior removal, deportation, or certain types of departure that require “consent to reapply.” These applications are usually decided using a balancing test that looks at factors such as:

  • Family and community ties in the U.S.
  • Length of residence and rehabilitation
  • The seriousness of past immigration violations

Unlike many I-601 waivers, I-212 requests typically do not use a formal extreme hardship standard. Some people need only an I-601, others need only an I-212, and some may need both applications, depending on the specific grounds of inadmissibility and their immigration history. The fact that one waiver or permission is approved does not necessarily resolve every immigration issue in the case.

Do You Handle Family Visas (K-1)?

Yes. Vianey K. Hurtado’s legal practice actively handles family-based petitions, including K-1 (Fiancé) visas. Her team guides U.S. citizen petitioners through the entire process, including filing Form I-129F, gathering required evidence of a "bona fide" relationship, and navigating the consular interview. She assists in proving that both partners have met in person within the last two years and are legally free to marry. After a fiancé enters the U.S., her firm helps with the Adjustment of Status process (applying for a Green Card) following the marriage, which must occur within 90 days.

Can You Help with CRBA?

Yes, Vianey K. Hurtado assists families with the Consular Report of Birth Abroad (CRBA) process. This document serves as official proof of U.S. citizenship for children born outside the United States to U.S. citizen parents. Her legal team provides the following support for CRBA matters:

  • Evaluating whether a U.S. citizen parent meets the specific "physical presence" requirements (such as living in the U.S. for five years, with at least two of those years after age 14) to transmit citizenship to their child.
  • Assisting with the correct completion of Form DS-2029 (Application for Consular Report of Birth Abroad) to avoid strict guideline errors that can lead to denial.
  • Helping parents apply for the child's first U.S. passport (Form DS-11) simultaneously with the CRBA.
  • Advising on required evidence, such as proof of the relationship (marriage certificates or relationship evidence) and proof of the parents' physical presence in the U.S.
  • Providing guidance and representation during necessary interactions with U.S. Embassies or Consulates.
  • If a family misses the CRBA filing deadline (the application must be submitted before the child’s 18th birthday), Vianey K. Hurtado also assists eligible individuals in obtaining a Certificate of Citizenship through Form N‑600.
What types of criminal cases do you handle?

Our firm handles misdemeanors and felonies, including drug crimes, domestic violence, theft, DUIs and other criminal charges.

I have a criminal record. How will this affect my immigration status?

A criminal record can seriously affect your immigration status. Depending on the type of offense, it may lead to detention, deportation, or make it much harder to obtain or keep lawful status. For people who are still facing criminal charges, working toward an “immigration-safe” plea can sometimes reduce these risks by avoiding charges that trigger the most serious immigration consequences.

Because the immigration impact of a criminal case depends on the exact statute, the plea, the sentence, and your immigration history, it is important to have your case reviewed before you plead guilty, accept a diversion program, or go to trial.

No matter how minor you may believe the criminal charge is, if you are not a U.S. citizen, you should consult with an immigration attorney before making any decision in the criminal case. Ideally, that means working with a criminal defense attorney and an immigration attorney who can coordinate strategy—or with a firm like ours that handles both criminal defense and immigration matters.

What is an “immigration-safe plea”?

An immigration-safe plea is a way of resolving a criminal case while trying to avoid or reduce immigration consequences, such as deportation, loss of lawful status, or problems applying for future immigration benefits like a green card or citizenship. Because criminal and immigration law often overlap, non-U.S. citizens should work with an attorney who understands both areas before accepting any plea agreement.

What is 'inadmissibility' and how does it affect me?

In immigration law, inadmissibility refers to legal grounds that disqualify a person from entering the United States, obtaining a visa, or adjusting their status to become a lawful permanent resident (Green Card holder). Common grounds of inadmissibility include criminal history, unlawful presence, fraud, health-related grounds, or public charge.

Can inadmissibility be overcome?

Yes. In some cases, we may be able to challenge whether the ground of inadmissibility applies at all. In other cases, a person may need to request a waiver, such as Form I-601 or I-601A, if a waiver is legally available.Waivers generally require the applicant to meet specific legal requirements, which may include showing “extreme hardship” to a qualifying U.S. citizen or lawful permanent resident family member. The correct strategy depends on the specific ground of inadmissibility, the person’s immigration history, and the relief they are seeking.

If I am not a U.S. citizen and face criminal charges in Arizona, what should I do?

A non-U.S. citizen facing criminal charges in Arizona should take immediate steps to protect their future. Because even seemingly minor crimes can trigger serious immigration consequences, including deportation or problems obtaining or keeping lawful status or future immigration benefits, her office recommends the following actions:

  • Do Not Make Early Decisions Alone: Do not accept a plea deal or make other major decisions in your criminal case before speaking with an attorney who understands immigration consequences. A plea that seems minor in criminal court can still have serious immigration consequences, including deportation or loss of future benefits.
  • Seek an Attorney with "Dual Experience": Vianey K. Hurtado focuses on immigration and criminal defense, which allows her to handle both aspects of a case simultaneously. This ensures that the criminal defense strategy, including seeking an "immigration-safe plea" where appropriate, is directly informed by federal immigration law.
  • Pursue Specific Defense Strategies: Depending on the charges, such as theft or domestic violence, her team may work to:
    • Fight the charges entirely to prevent a conviction from ever being recorded.
    • Negotiate for an alternative or less immigration-damaging offense when legally and factually appropriate.
    • Limit sentencing where the length of the sentence may affect the immigration consequences, including seeking a sentence of 364 days or less when legally significant.
  • Schedule a Case Evaluation: Her firm emphasizes that "every day counts" and offers comprehensive case evaluations in Phoenix to determine a strategic plan for protecting both the criminal case and the client's immigration future.
What should I do immediately if I am arrested?

If you have been arrested, you have the right to remain silent and to request an attorney. It is highly recommended to speak with a lawyer before signing documents or answering questions from authorities.

Will a criminal conviction affect my ability to get a green card or citizenship?

Yes, certain convictions (such as aggravated felonies or crimes involving moral turpitude) can have severe, and sometimes permanent immigration consequences, including deportation or inadmissibility.

What is an "aggravated felony" in immigration law?

The list, defined in Section 101(a)(43) of the Immigration and Nationality Act, includes more than 30 types of offenses. Some depend on the specific sentence length or financial loss involved:

  • Murder, Rape, or Sexual Abuse of a Minor: Classified as aggravated felonies regardless of the sentence.
  • Theft or Crimes of Violence: May qualify if the court imposes a term of imprisonment of at least one year, even if that sentence is entirely suspended.
  • Drug Trafficking: Includes most convictions for the sale or distribution of controlled substances.
  • Fraud or Tax Evasion: May qualify as an aggravated felony if the loss to the victim or government exceeds $10,000.
  • Pornography and Prostitution: Certain offenses involving child pornography or managing a prostitution business.
  • Alien Smuggling: Assisting non-relatives to enter the U.S. unlawfully.

Severe Immigration Consequences

A conviction for an aggravated felony is often considered a "death sentence" for immigration status because it triggers the following:

  • Mandatory Deportation: A conviction for an aggravated felony makes a noncitizen deportable, and removal is highly likely, with very limited defenses.
  • Permanent Bar to Citizenship: Individuals are permanently barred from establishing the "good moral character" required for naturalization.
  • Ineligibility for Relief: You are generally barred from applying for asylum, cancellation of removal, or voluntary departure.
  • Mandatory Detention: Many noncitizens with aggravated felony convictions are subject to mandatory immigration detention and, in most cases, are not eligible for a bond hearing.
  • Lifetime Ban on Reentry: After removal for an aggravated felony, a person is permanently barred from reentering the U.S. without special permission, and many will never qualify for a waiver.
Can my prior conviction be "erased" or "set aside" to avoid immigration consequences?

In Arizona, a criminal conviction cannot be fully "erased" for immigration purposes through standard record-clearing processes like a "set aside" (A.R.S. § 13-905) or the newer "expungement" (A.R.S. § 13-911). A successful Motion to Set Aside does not remove the conviction from your record, but it updates it to show a "dismissal" and releases you from most state-level penalties. For a conviction to be completely ignored by immigration authorities, it must be vacated based on a legal defect.

Can I still file a personal injury claim if I am an undocumented immigrant?

Yes. Undocumented immigrants generally have the right to pursue personal injury claims when they are injured because of someone else’s negligence. A person’s immigration status does not, by itself, prevent them from seeking compensation for their injuries.

Undocumented individuals may be able to seek compensation for medical expenses, lost wages, pain and suffering, and property damage. Claims involving lost wages or future earning capacity can sometimes involve additional legal issues, so each case should be evaluated individually. Arizona recognizes past and future lost wages as recoverable damages generally, although the amount must be supported by the evidence.

Insurance companies may try to use a person’s immigration concerns or lack of familiarity with the legal system to pressure them into accepting less than their claim is worth. Having an attorney who understands both personal injury and immigration law can help protect your rights and evaluate whether any immigration-related issues could affect your case.

How long do I have to file a personal injury claim in Arizona?

In Arizona, the time you have to file a personal injury claim depends on who caused the injury. Vianey K. Hurtado’s firm emphasizes acting quickly to ensure all legal deadlines are met.

  • Standard Claims (Negligence): For most personal injury cases, such as car accidents or slip-and-falls, you generally have two years from the date of the injury to file a lawsuit in civil court.
  • Claims Against Government Entities: If your injury involves a public entity or employee (e.g., a city bus accident), the deadlines are much shorter:
    • Notice of Claim: You must file a formal written notice with the relevant government agency within 180 days (approximately 6 months) of the incident.
    • Lawsuit Filing: You must file the actual lawsuit within one year of the date of injury.
  • Exceptions for Minors: If the injured person is under 18, the statute of limitations is generally tolled until their 18th birthday. For a claim that would ordinarily have a two-year deadline, this generally means the injured person has until age 20 to file.
  • Discovery Rule: In some cases, the deadline may not begin until you knew or reasonably should have known that you were injured and that you may have a legal claim. The discovery rule can be particularly important when an injury or its cause is not immediately apparent.
  • Other Deadlines: Certain types of personal injury claims may be subject to different deadlines or special requirements. Dog bite cases, for example, may involve different legal theories with different filing deadlines. Because these rules can be technical, it is important to speak with an attorney as soon as possible after an injury.
What types of compensation can I seek in a personal injury claim?

In a personal injury claim, Vianey K. Hurtado’s office seeks various types of financial compensation to help you recover what you have lost after an accident. These damages are generally categorized into economic, non-economic, and occasionally punitive damages.

Economic Damages (Tangible Losses)

These are quantifiable financial costs resulting from the injury and are supported by bills and receipts:

  • Medical Expenses: Coverage for current hospital stays, surgeries, medications, and physical therapy, as well as estimated costs for future medical treatments.
  • Lost Wages: Compensation for the income you lost while unable to work during recovery.
  • Lost Earning Capacity: If a permanent injury prevents you from returning to your previous job or securing future earnings.
  • Property Damage: Costs to repair or replace vehicles or other personal items damaged in the accident.
  • Out-of-Pocket Costs: Reimbursement for additional expenses, such as medical-related transportation or home modifications for accessibility.

Non-Economic Damages (Intangible Impacts)

These address the subjective effects of an injury that do not have a fixed dollar amount: 

  • Pain and Suffering: Compensation for physical pain, discomfort, and the overall negative impact on your life.
  • Emotional Distress: Coverage for mental anguish, including anxiety, depression, or insomnia caused by the trauma.
  • Loss of Enjoyment of Life: Compensation if you can no longer participate in hobbies or daily activities you previously enjoyed.
  • Loss of Consortium: Addresses the negative impact the injury has had on your relationship with your spouse or partner. 

Punitive Damages

In rare instances where a defendant’s behavior involved gross negligence or intentional harm, punitive damages may be awarded. These are not intended to compensate the victim but rather to punish the defendant and deter others from similar conduct.

What are the upfront costs of hiring a personal injury lawyer?

Vianey K. Hurtado’s firm operates on a contingency fee basis for personal injury cases, meaning there are no upfront costs. You only pay if we win your case.

Schedule a detailed Case Evaluation
Legal Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. Vianey K. Hurtado Law’s legal team is licensed to practice law in Arizona. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

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