General questions about an attorney’s credentials, fees, and communication style matter — but they get you only so far. The questions that actually reveal how well an attorney understands your situation are case-specific. A good attorney gives you concrete, direct answers to these. Vague answers or immediate deflection to “every case is different” without specifics are worth noting.
Here are the questions to ask, organized by the type of immigration matter you are dealing with.
Family-Based Petitions and Marriage Green Cards
Does anything in my or my spouse’s history affect eligibility? Bars to adjustment of status are easy to miss — prior overstays, unlawful entries, prior petitions, criminal history in either spouse’s background. Ask the attorney to walk through each factor that could create a problem.
Should we adjust inside the U.S. or apply through a consulate abroad? Both paths are available in many cases but the risks differ. Someone who entered unlawfully may be better served staying in the U.S. and adjusting; leaving to consular process can trigger bars to reentry. Ask which path they recommend and why.
What are the realistic chances of an RFE on this case? An experienced attorney knows which adjudicators scrutinize which case types and what typically triggers a Request for Evidence. This tells you both how strong your case is and how prepared the attorney is.
If USCIS schedules us for an interview, what will they focus on? Not all marriage-based cases get interviews, but many do. Ask what officers typically look for in your jurisdiction and how the attorney prepares clients for them.
Employment-Based Visas (H-1B, L-1, O-1, TN)
Does my role and employer qualify for this visa category? H-1B requires a specialty occupation. L-1 requires a qualifying relationship between the U.S. and foreign employer and a specific role. O-1 requires evidence of extraordinary ability. Ask the attorney to evaluate your specific job description and employer, not just whether the category exists.
What documentation do I need from my employer and how long will they need to prepare it? Employment-based petitions depend heavily on employer cooperation. Ask what the employer’s obligations are and whether the attorney has worked with similar employers before.
What happens to my status if I change jobs while this is pending? For H-1B holders especially, changing employers has specific procedural requirements. If there is any chance of a job change, ask how it affects the pending petition or green card process before it happens.
What is the realistic green card timeline from where I am now? An employment visa is usually a step toward permanent residence. The green card timeline depends on your category and country of birth. Ask for a realistic projection, not just an optimistic one.
Adjustment of Status
Am I inadmissible for any reason, and if so, is a waiver available? Grounds of inadmissibility — certain criminal convictions, prior immigration violations, health grounds, fraud — can block adjustment. Ask whether anything in your history triggers inadmissibility and whether a waiver is available and likely to be granted.
How does my entry affect the process? Entering without inspection, entering with a visa waiver, or having overstayed a prior visa all affect how adjustment works. Ask how your specific entry history affects your case.
Will USCIS schedule me for an interview in Houston? Interview requirements vary by case type and field office. Ask whether your case will likely require an interview and, if so, what the Houston field office typically focuses on.
Naturalization
Is there anything in my travel history or criminal history that could cause a problem? Continuous residence and good moral character are both sensitive to what happened during the statutory period. Ask the attorney to evaluate your specific travel record and anything in your background before you file.
Do I need to file anything to correct prior immigration records before I apply? Errors in prior green card applications, discrepancies in names or dates across documents, or prior petitions that were withdrawn sometimes need to be addressed before the N-400. Ask whether your record is clean from USCIS’s perspective.
What are the current processing times at the Houston USCIS field office? Processing times vary significantly by office and fluctuate throughout the year. Ask for a current realistic estimate, not a general range from the USCIS website.
Asylum
Do I qualify based on the five protected grounds, and which is strongest for my case? Asylum requires persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. Ask the attorney which ground applies to your situation and how strong the case is under that ground specifically.
Have I missed the one-year filing deadline, and if so, does any exception apply? The one-year deadline is one of the most common reasons asylum cases fail. If you are not sure when you entered, or if it has been more than a year, ask directly whether the deadline is an issue in your case.
Am I better positioned to file affirmatively with USCIS or will my case go to immigration court? The answer depends on whether you are currently in removal proceedings. Ask which track applies to you and what the practical differences are.
Removal and Deportation Defense
What relief am I eligible to apply for, and what is the realistic chance of each? Cancellation of removal, asylum, adjustment of status, voluntary departure, and withholding of removal all have different eligibility requirements and different odds in front of different judges. Ask for an honest assessment of each option.
Who is the assigned immigration judge, and what is their grant rate for this type of relief? Immigration judge grant rates in removal cases are public record and vary dramatically. An attorney who practices regularly in Houston immigration court knows the judges and can give you meaningful context.
If I lose before the judge, is this case worth appealing? Not every denial has a viable appeal. Ask the attorney to assess the appellate options before you are in a position of having to decide under pressure after a hearing.
One Question That Applies to Every Case
Whatever your situation, ask: What is the worst realistic outcome here, and what would cause it? An attorney who gives you a straight answer to that question — without softening it into something comfortable — is telling you something valuable about how they work.
Adan G. Vega & Associates handles all of the case types described above. Our attorneys are Board-Certified and bilingual in English and Spanish. Call (713) 527-9606 to schedule a consultation, or see our individual immigration and business immigration practice areas.
Reviewed by Adan Vega, Board-Certified Immigration Attorney, Founding Partner · Updated
About the author
Board-Certified Immigration Attorney, Founding Partner · Texas Board-Certified Specialist in Immigration and Nationality Law — Texas Board of Legal Specialization (1985); Admitted, U.S. Supreme Court (2004); Admitted, U.S. Court of Appeals for the Fifth Circuit (1980); J.D., The University of Texas at Austin School of Law (1979); B.A., Rice University (1976); Member, American Immigration Lawyers Association (AILA) (1982); Texas Super Lawyers — Thomson Reuters (2004); Special Service Award — Migration and Refugee Services, United States Catholic Conference
Adan G. Vega is a Board-Certified Immigration Attorney and the founding partner of Vega & Associates, PLLC in Houston, Texas. He has practiced immigration and nationality law exclusively for more than 45 years, making him one of the longest-serving immigration attorneys in Houston. He earned a B.A. from Rice University in 1976 and a J.D. from the University of Texas at Austin School of Law in 1979. In 1985 the Texas Board of Legal Specialization awarded him a Certificate of Special Competence in Immigration and Nationality Law, authorizing the title Board Certified Specialist. He is admitted to practice before the Texas state courts, the EOIR Immigration Courts, the U.S. District Court for the Southern District of Texas, the U.S. Court of Appeals for the Fifth Circuit and the U.S. Supreme Court, and has presented oral argument in the Fifth Circuit on three occasions, including one published opinion.
On August 23, 1988, Vega testified before the U.S. House of Representatives Committee on the Judiciary, Subcommittee on Immigration, Refugees and International Law, on the effects of the Immigration Reform and Control Act of 1986. He has served as immigration legal counsel to foreign governments in the United States, including the governments of Mexico and El Salvador, and to multinational companies on employment-based immigration.
A member of the American Immigration Lawyers Association since 1982, he co-chaired the AILA Texas Chapter Conference in 1997, 1998, 1999 and 2004, and has lectured on immigration law at AILA conferences and at the University of Texas. He authored the Guide of United States History and Government in 1989. The Migration and Refugee Services of the United States Catholic Conference presented him with a special service award for outstanding commitment and dedicated service to newcomers.
Vega was a founder and initial director of the Houston Hispanic Chamber of Commerce in 1984, served as President of Consejo Hispano from 1987 to 1988, and has served as special immigration legal counsel, board director, vice president and president of the Cámara de Empresarios Latinos de Houston. He has provided pro bono immigration services to Texas's indigent community throughout his career. He has been recognized as a Top Texas Lawyer by Super Lawyers (Thomson Reuters) since 2004. He represents individuals, families and businesses before USCIS, the Immigration Courts, the Board of Immigration Appeals and the Fifth Circuit Court of Appeals, and is bilingual in English and Spanish.
