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What to Expect at Your Biometrics Appointment in Charleston, SC

Estimated reading time: 6 minutes

Introduction: What is a Biometrics Appointment?

If you’re applying for a green card, U.S. citizenship, or certain waivers, you’ll likely need to attend a biometrics appointment. During the appointment, the government will take your fingerprints, photo, and sometimes a signature. They use this information to do an FBI background check and to identify you when you appear for an interview. Also, the photo is used for your immigration documents like work authorization card, travel document, green card, and certificate of naturalization.

For residents of Charleston and surrounding areas, these appointments take place at the Application Support Center (ASC) in West Ashley, about 1/2 mile from the Charleston USCIS Field Office.

At Occam Immigration, we believe your immigration journey shouldn’t be slowed down by confusion about required steps. I’m David Vyborny↗, founder and managing attorney. My own immigration process included biometrics appointments at the Charleston ASC, so I’ve been in that waiting room myself. In this article, we’ll go over what to expect, what to bring, and how to make the most of your visit so you can keep moving toward your goal of staying with the people you love here in Charleston.

1. Location of the Charleston Application Support Center

The ASC in West Ashley is where Charleston-area applicants go for biometrics. It’s important to know that the ASC is not at the Charleston USCIS Field Office – it is 1/2 mile down Sam Rittenberg Blvd in the Village Square Shopping Center. The ASC is a few doors down from the RENT-A-CENTER. 

Getting There

Address: 1650 Sam Rittenberg Blvd., Suites 5-7, Charleston, SC 29407

Parking: There is plenty of parking in front of the ASC.

GET DIRECTIONS↗
Exterior view of the USCIS Application Support Center in Charleston, South Carolina, with an icon pointing to the neighboring Rent-A-Center, a more recognizable landmark.

2. Scheduling & Appointment Notices

You’ll receive a notice called an Appointment Notice (Form I-797C) from USCIS. This document tells you:

  • Date & Time: When you’re expected to show up.
  • Location: The ASC’s address in West Ashley (or occasionally another location).
  • Instructions: What forms of ID to bring and what to expect at the appointment.

Rescheduling

If you absolutely can’t make the original date, USCIS allows you to request a new date. However, don’t skip your biometrics without giving notice. It can lead to delays or even denial of your application. Contact us if you need help rescheduling properly.

3. What Happens at a Biometrics Appointment?

Many people feel nervous about biometrics, but the process is usually quick and straightforward. Here’s what generally happens:

Check-In

  • You present your Appointment Notice (I-797C) and a valid, government-issued photo ID (e.g., a driver’s license, passport, or green card).
  • ‼️ Important: The name on your ID must match the name you used on your application. If your ID still shows your maiden name, bring your marriage certificate or legal name change document to prove the name change.
  • The staff verifies your info and may ask you to fill out a brief form.

Fingerprints & Photo

  • A technician will take your fingerprints electronically (scanning each finger) and a photo for USCIS records.
  • Make sure your hands are clean and free of lotions or oils, as these can affect the machine’s reading.

Signature

  • You might be asked to sign electronically, confirming the accuracy of the information you’ve provided to USCIS.

Completion

  • That’s it! The whole process usually takes 15 minutes or less.

Tips for a Smoother Visit

  • Dress Code: There’s no strict dress code, but avoid anything that covers your face or fingertips. Also, if you are applying for a green card, it is likely that the photo you take at this appointment will be the one on your green card and work authorization card.
  • Arrive Early: A little cushion time helps you stay calm. If you miss your slot, you might need to wait until everyone else is done or come back another day.
  • Ask Questions: If you’re unsure about any part of the process, the staff at the ASC are usually friendly and used to helping first-timers.

4. Local Insight: My Personal Experience

Because I’ve attended biometrics appointments for my own U.S. immigration journey in Charleston, I remember the West Ashley ASC environment well. The staff was polite but efficient, meaning they moved people in and out quickly. Here are some specific local tips I’d offer:

  • Traffic: If you’re driving from Mount Pleasant or North Charleston, give yourself extra drive time. Bridge traffic or road construction can be unpredictable.
  • Wait Times: I found the wait inside the ASC itself to be minimal, but your experience may vary if multiple people are scheduled at once.
  • Post-Appointment: If you’re applying for a green card or citizenship, you might wonder, “What’s next?” Typically, USCIS will review your biometrics and then schedule the next step (like an interview at the Charleston Field Office) if required. We track your case and let you know any updates we receive.

Check out our Charleston Immigration Resources page↗ dedicated to local information.

5. FAQs About Biometrics in Charleston

Do I need to bring anything besides my ID and appointment notice?

Usually, no. But remember: If the name on your ID differs from your application, bring proof of the name change (e.g., marriage certificate). Follow any other instructions on your ASC appointment notice.

Can I bring someone with me for support?

You can bring someone to wait outside or in the lobby, but only authorized persons (like an interpreter, if needed) can accompany you into the actual biometrics area. Check your notice or USCIS rules for details.

What if I missed my biometrics appointment?

You should contact USCIS↗ immediately and explain why. Missing biometrics can lead to a temporary hold on your application or even denial. If you need help, call Occam Immigration for assistance.

Does this guarantee my application will be approved?

Biometrics is just one step. It’s used for background checks and identity verification. Approval depends on the total strength of your application.

How long after biometrics until I hear about an interview?

Timelines vary. Some people get an interview notice in a few weeks, while others wait months. If your application is urgent or you haven’t heard back, we can help you follow up with USCIS.

6. How Occam Immigration Can Help

Fast-Track-to-Filing

Biometrics is just one stage in a larger immigration process. Our Fast-Track-to-Filing Program ensures that all your forms, documents, and evidence are ready before you even receive your appointment notice—minimizing delays.

Local Interview Preparation

If you’re applying for a green card or citizenship, you might eventually interview at the Charleston Field Office. With my personal experience, I can give you local advice on navigating the building, what to bring, and how to answer common questions confidently.

Check out our Interview Prep Page↗ to learn more about how we can prepare you for your USCIS interview at the Charleston Field Office.

Personalized Guidance

Every case is different. If you have special concerns—like medical conditions or scheduling conflicts—we help you communicate with USCIS effectively, so you don’t risk delays or denial.

Final Thoughts: Keep Moving Forward

Biometrics appointments in Charleston usually go smoothly, especially if you arrive on time, bring the right documents, and know what to expect. Completing this step is a milestone on your path to a green card, waiver, or U.S. citizenship, and means you’re one step closer to your “Be together now” goal.

Need more help with your biometrics or next steps?

We’ll make sure you’re prepared not just for biometrics, but for every stage of your immigration journey here in Charleston.

Have questions about your appointment or next steps?
Contact Occam Immigration today to keep your application on track. Your family’s future in Charleston is too important to leave to chance.

 

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How to Choose the Best Immigration Lawyer in Charleston, SC

Introduction: Finding the Right Partner in Your Immigration Journey

Are you facing confusing forms, worried about long wait times, or stressed about a possible interview at the Charleston USCIS Field Office? You’re not alone. Immigration can feel like a high-stakes process, especially when your family’s future is on the line.

Hiring a knowledgeable, caring immigration lawyer can make all the difference. But how do you pick the right one—especially here in Charleston, South Carolina, where you have several options? In this article, I’ll walk you through the key factors to consider when searching for the best immigration attorney to guide you.

1. Look for Local Experience

Charleston is different from other cities—not just in culture and history, but also in how local immigration officers adjudicate applications. Having a lawyer who knows Charleston can save you time and stress. They’ll understand:

  • Processing Times at the Local USCIS Field Office: Each field office has unique wait times and scheduling.
  • How Charleston USCIS Officers Evaluate Cases: Case adjudications often differ from office to office based on the leadership, office culture, and common local issues.
  • Local Application Support Centers (ASC): Biometrics appointments take place in West Ashley, and knowing the routine there helps avoid hiccups. See our blog article about what to expect at a Charleston biometrics appointment↗.
  • Local Community Resources: If you need extra assistance, nonprofits in Charleston can offer ESL classes, financial aid, or counseling. See our Charleston Immigration Resources page↗.

Attorney David Vyborny’s Personal Experience

I’m David Vyborny↗, founder and managing attorney at Occam Immigration. My own marriage-based green card, removal of conditions, and naturalization interviews all took place at the Charleston USCIS Field Office. That personal journey taught me the specific challenges local immigrants face—and inspired me to offer the kind of hands-on help I wish I’d had.

2. Check Credentials and Practice Focus

U.S. immigration law is complicated. You want an attorney who focuses on immigration rather than juggling many different practice areas. Ask about:

  • Bar Membership: Make sure they’re licensed to practice law.
  • Professional Associations: Membership in groups like AILA (American Immigration Lawyers Association) shows a commitment to staying updated.
  • Track Record: A lawyer who has successfully handled cases like yours is more likely to guide you smoothly—be it family-based green cards, waivers, or naturalization.
  • Practice Areas: Immigration is a complex field, especially in today’s environment. How much of the attorney’s time is dedicated to other areas of law, like criminal defense or family law?

3. Read Client Reviews and Testimonials

A lawyer can claim to be the best, but actual client stories tell you a lot. Look for:

  • Online Reviews: Check Google, Yelp, or the firm’s website.
  • Testimonials: Pay attention to stories that mention results and the lawyer’s communication style.
  • Referrals: If you know someone who worked with an immigration lawyer, ask about their experience—good or bad.

Not everyone wants to share their immigration testimonial on Google or social media, so you may find anonymized testimonials on the law firm’s website.

Occam Immigration’s Approach

We’re proud of our many client success stories, especially from families who were able to stay together in Charleston. We post testimonials on our website so you can see real feedback, like how quickly we file applications or how thoroughly we prep clients for interviews.

4. Communication Style and Availability

Immigration moves at its own pace, and the wait can be nerve-racking. You’ll want to work with a lawyer who meets your communication expectations.

  1. Responds Timely: You may not always be able to get your lawyer on the phone quickly if they have a busy practice, so you may get responses to questions from the attorney’s staff, especially if your questions don’t require legal advice.
  2. Explains in Simple Terms: If legal jargon makes your head spin, an attorney should break things down so you understand.
  3. Keeps You Updated: Regular progress checks and updates about your case status go a long way.

“Be Together Now” Philosophy

At Occam Immigration, we know it’s more than paperwork—it’s about being with your loved ones. Our goal is to fast-track filings where possible and keep you in the loop with regularly scheduled check-ins so you don’t lose sleep wondering if your case is stuck.

5. Compare Fees and Payment Plans

Legal fees can vary widely. It’s smart to:

  • Ask About Flat Fees vs. Hourly Rates: Many immigration lawyers charge a flat fee for standard applications like marriage-based green cards.
  • Get a Written Agreement: A clear contract helps avoid misunderstandings.
  • Consider Payment Plans: Some firms, like ours, understand that fees can be a burden and offer installments or flexible plans.

Remember that the legal fee is an investment in your future and peace of mind. Make sure you are clear on the value you are getting for the fee.

6. Ask About In-Person vs. Virtual Meetings

Some people want face-to-face meetings, especially if they’re nervous or have sensitive questions. Others prefer phone calls or video chats due to busy schedules or living in outlying areas like Mount Pleasant, Summerville, or James Island.

  • In-Person Meetings: If you want to meet in Charleston, does the lawyer offer appointments nearby? Do they have an office where you feel comfortable?
  • Virtual Flexibility: Can you email or call for quick questions? Do they offer Zoom appointments?

Occam Immigration’s Setup

We see many local clients in person, but we’re also set up to smoothly handle cases virtually—ideal for people who can’t drive into Charleston or have irregular work hours.

7. Schedule a Consultation and Trust Your Gut

A consultation is a chance to ask questions, share your story, and see if the lawyer’s style fits your needs. Pay attention to:

  • Listening Skills: Do they really hear your concerns, or do they cut you off?
  • Clarity: Are they explaining things in a way that makes sense, or do you leave more confused?
  • Comfort Level: This person may guide you through a life-changing process. It’s important you feel at ease.
  • Workload: How does the law office manage workload? Do they limit their caseload?

Ideally, you should consult with at least 3 law firms to get an idea of the different ways your case might be handled before making a decision.

Example Questions to Ask

  1. Have you handled cases like mine?
  2. How do you keep clients updated?
  3. Can you estimate my total costs and timeline?
  4. How soon can we file if my paperwork is in order?
  5. Do you handle other case types besides mine? How do you manage your cases?

Bonus Tip: Consider Local Offices and Community Involvement

Charleston has its own cultural and legal landscape. An immigration lawyer who lives or works here is more likely to:

  • Attend Local Workshops: They might speak at community events or partner with local nonprofits.
  • Know Local Nonprofit Networks: Sometimes you need ESL classes, housing support, or counseling.
  • Provide In-Person Support: If you’re called for an interview at the Charleston USCIS Field Office, your lawyer can help you prepare in person and attend your interview.

Conclusion: Take the First Step

Picking the best immigration lawyer for you can feel overwhelming, but the right person will reduce your stress, save you time, and increase your chances of success. Make sure they have local knowledge, a proven track record, and a communication style that fits your needs.

Remember: Just because someone practices immigration law doesn’t mean that they’re the right attorney for you. I’ve learned that the hard way over the years, so I always try to spend time explaining what it’s like to work with us so people can decide if we are a good fit for them.

How Occam Immigration Can Help

  • Local Expertise: We’ve navigated Charleston USCIS firsthand.
  • Fast-Track Filing: We gather your documents quickly and submit error-free applications.
  • Personal Touch: We believe in “Be together now,” helping you reunite or stay with loved ones as soon as possible.

Links to our services:

Ready to see if we’re the right fit?

At Occam Immigration, we aim to make your path smoother—whether you’re applying for a marriage-based green card, citizenship, or waivers. Don’t wait until stress piles up. Reach out today, and let us help you stay together here in Charleston.

 

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What is the Difference Between Visa and Status?

The word “visa” is commonly used in the immigration context, and it is often used incorrectly. “Status” is a less widely-used term, but it is just as important. In this article, we will discuss the difference between the two terms, and how they are used in immigration.

What is a Visa?

A “visa” is a travel permit or document that allows a person to travel to the United States and ask to enter in a specific classification. A U.S. consulate or embassy issues visas, sometimes be called “visa stamps” or “visa foils.”

For example, if you would like to travel to the United States to visit as a tourist, you would first apply for a tourist visa at the U.S. embassy or consulate in your home country. If you are approved you will get a tourist “visa stamp” in your passport. Then you can travel to a United States port of entry/border. When you arrive at the border you will ask the customs officer to allow you to enter the United States as a tourist. The officer will see you have a right visa, he or she will stamp your passport, and let you into the United States.

Does having a visa guarantee your admission to the U.S.?

No. Having a visa does NOT guarantee your admission to the United States. A customs officer must “inspect” you first. The inspection involves asking a set of questions to determine if you are entering for a permitted purpose of your visa.

For example, if you have a tourist visa, you can only ask to enter as a tourist. The officer must be satisfied that you are only coming to be a tourist. If the customs officer suspects you have a different intention, you can be denied entry.

Does a visa expire?

Yes, a visa does expire. It can be valid for 30 days and even up to 10 years depending on your classification.  You can use that visa to enter the country up until the date it expires.

This is where an important difference takes place.

The visa allows you to arrive at the border to ask for permission to enter the country. Once you are inside the United States, the visa is no longer applicable to your ability to stay in the country. That is where “Status” comes into play.

What is Status?

Status is your formal immigration classification while inside the U.S. A customs officer stamps your passport when he or she is satisfied that you are entering for the purpose of your visa. The stamp contains the port of entry, date of entry, the classification (e.g. tourist), and how long you are allowed to remain in the United States.

The customs system also maintains a record of your entry and classification, which you can find online. This is called an I-94 arrival record.

For example, if you have a tourist visa, your “status” in the U.S. will be “tourist.” Many people say “I am on a tourist visa when actually the correct phrase is “I am in tourist status.”

Does Status expire?

Usually. Most temporary visas have a date of expiration. That means you must leave the United States before your status expires.

Note: Even if you arrive at the border on the last day that your visa is valid, you can still enter and have a period of status that goes beyond your visa validity.

What if my status expires? Would there be consequences?

If your status expires, you are “out of status” in the United States. It means you cannot stay in the U.S. any longer. It also means that technically immigration authorities can deport you.

If you leave the U.S. after your status expires, you will have a harder time getting a visa in the future. It is also more likely that customs officers would deny you entry in the future.

Being out of status for more than 6 months but less than 1 year, and then you leave the country, results in a 3-year ban on re-entry to the country.

If you are out of status for more than 1 year and you then leave the country, you will be banned for 10 years.

Can I extend or change my status?

Yes, in some cases. If there is a valid reason to extend your status, it may be possible to apply for an extension. You should contact one of our attorneys to understand if you would be granted an extension or change of status.

If you need help in simplifying the process of your immigration, please contact Occam Immigration with any questions.

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What Happens After Filing? A Timeline of the Marriage-Based Green Card Process

So, you’ve spent hours gathering documents, carefully filled out every form, and finally dropped your marriage-based green card application in the mail—or hit “submit” online. Now you might be asking, “What happens next?” It’s a question I hear all the time, and I can totally relate to the anxiety that comes from waiting in the dark.

In this post, I’m walking you through the typical timeline for a marriage-based green card, whether you’re applying from inside the U.S. (Adjustment of Status) or Consular Processing abroad. Keep in mind, actual times can vary based on USCIS backlogs, embassy schedules, and your specific circumstances. But the general steps remain the same.

1. Receipt Notice (Form I-797)

What It Is

Once you submit your application (e.g., I-130 and I-485 if doing Adjustment of Status, or I-130 alone for Consular Processing), USCIS will send you a Receipt Notice, often referred to as Form I-797. This notice is your official confirmation that they’ve received your case.

When It Arrives

Within 2–4 weeks after filing.

Personal Note: When clients tell me, “It’s been three weeks and I haven’t heard anything,” I always say, “Give it just a bit more time.” Delays happen, but if it’s been over a month, you might want to call USCIS and confirm they received your package.

  • Check our Step-by-Step Guide to Filing for a Marriage-Based Green Card to see how to assemble a complete application and avoid delays.

2. Biometrics Appointment

What It Is

For Adjustment of Status applicants in the U.S., USCIS usually requires you to attend a biometrics appointment at a local Application Support Center. They’ll take your fingerprints, photo, and sometimes your signature to run background checks.

  • When: Typically 4–8 weeks after you receive your receipt notice.
  • Duration: The actual appointment usually lasts 15–20 minutes.

Client Example: Just recently I had a client worried about traveling out of state during their biometrics window. We prepared ahead of time so when the biometrics appointment notice arrived we could reschedule the appointment if they were still out of state. Sure enough, it happened and we managed to reschedule the appointment by calling USCIS right away. If you must reschedule, do it early—missing it without notice can set you back.

  • Link: Visit our Common Obstacles & How to Overcome Them for advice on dealing with missed appointments or scheduling conflicts.

3. The Waiting Game (Visa Availability & Processing)

Adjustment of Status Inside the U.S.

  • Immediate Relatives (Spouse of a U.S. Citizen): Good news—there’s no numerical cap, so you generally won’t wait for a visa number.
  • Spouse of an LPR (Green Card Holder): You fall under the F2A preference category. Sometimes the Visa Bulletin retrogresses, which can delay when your “priority date” becomes current.

Consular Processing Abroad

  • National Visa Center (NVC) Phase: Once the I-130 is approved, your case goes to the NVC, which collects another filing fee, Affidavit of Support forms, DS-260 visa application, and civil documents.
  • Embassy/Consulate Scheduling: After the NVC is satisfied, they’ll schedule your interview at the U.S. consulate/embassy in your home country.

Helpful Links:

  • Read our Visa Bulletin & Priority Dates for a deeper look at preference categories, priority dates, and how retrogression affects your case.
  • See our Consular Processing Master Page to learn exactly how the NVC phase works.

4. Request for Evidence (RFE) or Additional Documents

Why It Happens

If USCIS or the consulate wants more information, they’ll issue an RFE (Request for Evidence). This might be due to incomplete documents, inconsistencies, or doubts about your financial eligibility (Affidavit of Support).

How to Respond

  • Read Carefully: The letter will spell out exactly what they need.
  • Organize Evidence: Label each attachment, provide a cover letter, and return it before the deadline.
  • Stay Consistent: Double-check that nothing contradicts your original filing.

Personal Tip: If you’re confused by an RFE, consider reaching out to a professional. I’ve seen some couples accidentally make things worse by sending random paperwork that doesn’t address the officer’s concerns.

  • Link: Check our Document Checklist & Best Practices for tips on how to keep your paperwork organized.

5. Interview Scheduling

Adjustment of Status (USCIS Field Office)

  • Interview Notice: You’ll get a letter telling you the date, time, and location (usually at the field office closest to you).
  • When It Happens: Often 8–14 months after filing, though it can vary widely based on many factors (Presidential administrations, changes in leadership at DHS, USCIS, shifts in priorities, changes in local field office staffing).

Consular Processing (Embassy/Consulate)

  • NVC Completes Your Case: After collecting fees, forms, and civil documents, the NVC deems you “documentarily qualified.”
  • Interview Date Assigned: The embassy schedules you based on their availability and visa category.
  • Travel Preparations: You’ll receive instructions on the medical exam and any final documents to bring.

Client Example: One couple recently got their interview notice within 10 months, faster than they expected. Another waited almost 18 months. There’s no magic formula—it’s all about USCIS/embassy workload.

  • Link: See our Preparing for the Interview to learn how to ace your green card interview.

6. The Interview

Inside the U.S. (USCIS)

  • The officer reviews your application and asks questions about your relationship, background, finances, and any red flags.
  • You might be approved on the spot, or they could issue a Request for Evidence or a Notice of Intent to Deny if something seems off.

Abroad (Consular Officer)

  • Similar questions, with a focus on proving a bona fide marriage, but in this interview only the visa applicant can appear and be questioned – the U.S. spouse cannot appear at the interview.
  • If you pass, the officer typically gives you a visa packet (or instructions) to enter the U.S. as a permanent resident.

Personal Note: Don’t panic if you don’t get an approval immediately. Sometimes the officer needs to run extra checks. In my experience, staying calm and answering truthfully is the best approach.

  • Link: For more tips, check our Proving a Bona Fide Marriage.

7. Final Decision & Green Card Issuance

Approval

  • Conditional vs. Permanent Green Card: If you’ve been married under 2 years at approval, you’ll get a conditional 2-year green card. Otherwise, you get a 10-year one.
  • See our Conditional Green Cards & Removal of Conditions for what happens at the 2-year mark.
  • Mailing & Arrival: If you’re adjusting status, USCIS typically mails the physical green card to your U.S. address. After your marriage-based green card interview, it generally takes two to four weeks to receive a decision, though this timeline can vary. In some cases, USCIS may approve your application on the spot, while in others, additional review is needed, which can lead to delays. If your case is straightforward and all documents are in order, you may receive your green card within a few weeks.For consular cases, your passport with the immigrant visa will be available for you to pick up or will be couriered to you, usually within 1-2 weeks. Then, you enter the U.S. and receive the green card in the mail within 2-4 weeks.

Requests for Additional Time

  • If the officer wants more evidence or has concerns, you might receive a “Case Held for Review” or a “221(g)” (in consular settings). Provide whatever is asked—quickly and clearly.

8. Post-Approval Steps

  1. Check Your Green Card Data: Make sure your name, DOB, and “Resident Since” date are correct.
  2. Update Your SSN: If you didn’t have a Social Security Number or need to update your work status, now’s the time.
  3. Conditional Residents: Don’t forget, you’ll need to remove conditions (Form I-751) 90 days before the 2-year card expires.
  4. Plan for Naturalization: If you’re aiming for U.S. citizenship, the clock starts the day you get your green card.

Personal Tip: I’ve encountered people who filed I-90 Green Card Renewal applications at the end of their conditional green card period instead of the I-751 removal of conditions. In some cases, they waited for over a year only to get a letter telling them they filed the wrong application. Don’t let that be you.

  • Link: Explore our Removal of Conditions if you’re curious about I-751 or the 2-year green card rules.

9. Common Factors That Can Affect Your Timeline

10. Final Thoughts: Patience & Preparedness

Remember, no two cases are exactly alike. Some couples breeze through in less than a year; others might stretch closer to two years. But by understanding this basic timeline, you’ll feel more confident and prepared at each stage.

Key Takeaways:

  1. Receipt Notice, Biometrics, and Possible RFEs come first.
  2. Interviews are a major milestone—whether at USCIS or a consulate.
  3. Approval can yield a 2-year conditional or 10-year green card.
  4. Plan Ahead for future steps like removing conditions or naturalizing.

Still unsure about any part of this timeline—or facing unexpected hurdles? Contact Occam Immigration. I’m here to simplify the details, keep you updated on your case’s progress, and help you handle surprises with confidence.

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New USCIS Policy: What It Means for Your Immigration Case  

New USCIS Policy: What It Means for Your Immigration Case  

If you’re in the United States and waiting for USCIS (United States Citizenship and Immigration Services) to make a decision on your immigration application, there’s an important update you should understand. Recently, USCIS made significant changes to how they handle Notices to Appear (NTAs), which is the document that officially starts the deportation (removal) process. Understanding this update can help you better prepare and protect yourself during your immigration journey.

What is a Notice to Appear (NTA)?  

An NTA is a formal notice from USCIS instructing you to appear in immigration court. The document explains the reasons why the government believes you should be deported from the United States. Receiving an NTA means you’re facing possible removal from the U.S. unless you can successfully defend yourself before an immigration judge.

What Changed as of February 28, 2025?  

USCIS updated its guidelines to issue NTAs more frequently than before. Now, when USCIS denies certain immigration applications, they are more likely to immediately issue an NTA. This change affects anyone who no longer has a lawful immigration status once their application is denied.

Previously, USCIS might have delayed or avoided issuing NTAs in some cases. Now, they’re directed to take quicker action to enforce immigration laws. This shift means more individuals might find themselves facing deportation proceedings soon after their applications are denied.

Specific Situations When USCIS Issues an NTA  

Under the new rules, USCIS is particularly likely to issue an NTA if:

  • Your conditional residency (conditional green card based on marriage) is terminated if your I-751 is denied or you fail to file your I-751 in time.
  • Your application for permanent residency (green card), asylum, extension/change of status, or other immigration status is denied, leaving you without lawful status.
  • USCIS finds evidence that you provided false information or lied on your immigration application.
  • You have criminal convictions or charges that make you deportable.
  • You’re deemed a risk to public safety or national security.

What Does This Mean for Your Pending Application?  

If your immigration application—such as a marriage-based green card—is currently pending, this policy change means you must be even more cautious and prepared. A denial of your application now carries greater risks, potentially leading directly to removal proceedings.

To summarize clearly:

  • Approval of your application means you continue moving toward obtaining lawful immigration status.
  • Denial of your application increases the likelihood of USCIS starting deportation proceedings against you.

The Importance of Accurate and Complete Applications  

This new USCIS policy highlights the importance of providing complete, truthful, and timely documentation with your immigration application. Small mistakes or misunderstandings can lead to serious problems, including denial and deportation proceedings.

Here’s why careful preparation matters:

  • Avoid common mistakes: Simple errors, incomplete paperwork, or misunderstandings about required documents can cause delays or lead to denial.
  • Quick responses: If USCIS requests additional evidence or information, it’s critical to respond quickly and accurately.

Navigating immigration processes can be complicated, especially under these new guidelines. Working closely with an experienced immigration lawyer can significantly reduce the risk of mistakes and improve your chances of approval.

An immigration attorney can help by:

  • Reviewing your application carefully before submission.
  • Preparing strong responses if USCIS asks for additional evidence.
  • Providing guidance and support through each step of the process.
  • Explaining your rights and responsibilities clearly.

What Happens If Your Immigration Application Is Denied?  

If USCIS denies your immigration application and you no longer have valid legal status in the U.S., you will likely receive an NTA. Once you receive this notice, you are required to appear in immigration court. At your hearing, an immigration judge will decide whether you may remain in the United States or must leave.

Going through immigration court can be stressful and challenging. It’s important to understand the process clearly and prepare your case well. The judge will consider evidence from both you and the government. You have the right to present your case and explain why you believe you should stay.

How to Protect Yourself and Your Family  

Given these changes, it’s crucial to take proactive steps to protect yourself and your family:

  • Consult an immigration lawyer: Professional legal assistance is your strongest asset. An attorney can evaluate your situation, provide advice tailored specifically to your case, and advocate for you if your application is denied.
  • Prepare thoroughly: Ensure your application is complete and truthful. Double-check every document and detail before submission.
  • Act immediately if you receive an NTA: Quick legal action can significantly affect your chances of successfully staying in the U.S.

Understanding the Role of Immigration Courts  

If you end up in immigration court, here’s what you can expect:

  • Initial Hearing (Master Calendar Hearing): The judge explains your rights and the charges against you. You’ll tell the court how you plan to respond and what kind of relief you’re seeking.
  • Individual Hearing: This hearing is like a trial. You present evidence, testify, and argue why you should be allowed to stay. The government will also present its evidence.
  • Judge’s Decision: After hearing both sides, the judge decides whether you can remain in the U.S. or must leave.

You may hire your own immigration attorney to represent you in immigration court, but you are not entitled to have one provided to you by the government like in criminal trials. Understanding this process helps reduce fear and confusion, making it easier to plan and defend your case effectively.

A skilled immigration lawyer can significantly improve your chances of a successful outcome by:

  • Explaining complex legal terms and processes in simple language.
  • Preparing a strong defense and presenting your case effectively.
  • Helping you gather crucial evidence and testimonies.
  • Negotiating with the government’s attorneys.
  • Offering emotional support and guidance throughout the process.

Final Thoughts  

This new USCIS policy means that the stakes for immigration applications are higher than ever. Mistakes are now more costly, and denials can lead directly to deportation proceedings. Being informed and prepared is the best way to protect yourself.

If you have any concerns, questions, or need assistance with your immigration case, contacting an immigration lawyer immediately is your best option. Professional help can mean the difference between staying safely in the U.S. and facing deportation.

If you need guidance or have questions about your specific immigration situation, please reach out to our office→. We’re here to help you every step of the way.

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A Personal Message from David Vyborny, Founder of Occam Immigration

Don’t Let the Latest Immigration Headlines Derail Your Case​

I’m David Vyborny, the founder and owner of Occam Immigration. 

I want to speak to you directly about a topic that has many of our clients feeling worried: the recent wave of headlines about immigration enforcement and deportations. If you have a case pending with us, you’re probably wondering how these stories might affect you, especially when you see ICE raids and talk of stricter policies back in the news again.

First things first: I completely understand how stressful this can be. Watching the news or scrolling through social media can make it feel like you’re at risk of deportation any minute. However, I want to reassure you that while each administration might set different tones or priorities, the underlying application process and your path to securing legal status haven’t suddenly changed. And yes, deportations have been happening all along, even if it wasn’t always in the spotlight.

Let me share some numbers with you to show just how much deportation activity has varied from one administration to the next—and why you should keep moving forward with your immigration case.

The Reality of Deportations Across Administrations

  • Under President Biden’s administration, deportations have actually been higher than many people might realize. In fiscal year 2024, ICE deported 271,484 noncitizens, the highest level of deportations since 2014. This number even surpassed the peak of 267,260 deportations recorded during President Trump’s time in fiscal year 2019.

  • Here’s a quick look at the annual deportations under the Biden administration:

    • Fiscal Year 2021: Approximately 59,000

    • Fiscal Year 2022: Approximately 72,000

    • Fiscal Year 2023: Approximately 143,000

    • Fiscal Year 2024: 271,484

  • Title 42 Expulsions: These figures don’t include the expulsions that happened under the pandemic-era policy known as Title 42. If we factor those in, the Biden administration carried out around 4.7 million deportations and expulsions over four years—more than twice as many as were expelled under Trump.

What do these statistics mean? They illustrate that deportations have been happening consistently, regardless of who’s in the White House. They also show that the current media focus on tougher enforcement isn’t entirely new. In other words, even if you feel like there’s a sudden crackdown, the numbers remind us that immigration enforcement has been an ongoing reality—and your best move is to keep your case on track, rather than panic.

Why You Shouldn’t Panic

1. Your Case Is Still Being Processed

Despite the dramatic headlines, USCIS (U.S. Citizenship and Immigration Services) hasn’t stopped accepting or reviewing applications. If you have a petition pending, it’s still moving through the system just as before. And if you haven’t yet filed, now is not the time to delay. Getting your application in the queue sooner rather than later is generally in your best interest.

2. ICE Raids and Enforcement Actions Aren’t New

ICE’s mandate is to enforce immigration laws—a role it has played under many presidents. The media may focus more on these actions at certain times, but as the numbers above show, deportations have continued under both Republican and Democratic administrations. The biggest difference is often media coverage, which can make it seem like there’s been a sudden, drastic shift.

3. Don’t Let Sensational Stories Distract You

It’s easy to get caught up in sensational headlines or stories circulating on social media. Before you let fear take over, reach out to my team or me. We’ll give you accurate, up-to-date information about your specific case. Misinformation can be harmful—especially if it leads you to make decisions (like stopping your application) that could jeopardize your immigration future.

Staying Calm and Focused Is Key

Follow Our Instructions to Keep Your Case Moving  

You already know that each step of the immigration process has its own set of requirements—from filling out forms correctly to showing up for biometrics appointments. When fear sets in, it can be tempting to ignore mail from USCIS or postpone paperwork because you’re unsure what’s safe. But missing deadlines or failing to respond to Requests for Evidence can delay your case or lead to a denial. Trust me: staying on top of these tasks is crucial.

Timely Action Protects You  

Staying current with your application, promptly handling paperwork, and attending all appointments not only keeps your file active but also often places you in a safer position if enforcement priorities change. The earlier you secure your legal status, the more solid your footing becomes.

My Commitment to You

I founded Occam Immigration with a straightforward mission: to guide people through the U.S. immigration process as simply and securely as possible. We do this by:

  • Staying Informed

  • Providing Personalized Advice

  • Communicating Clearly

  • Offering Peace of Mind

My Personal Advice and Assurance

I recognize how unsettling it can be to see these reports about hundreds of thousands of deportations. But it’s important to understand the big picture: enforcement has been robust under multiple administrations, and that hasn’t stopped people from successfully getting their green cards, work permits, or other immigration benefits. With the right preparation and a knowledgeable legal team behind you, there’s no need to abandon your goals.

A Few Tips:  

  • Get Trusted Information: If you see alarming headlines, call us. We’d rather you get clarity from someone who understands your case than act on fear or rumors.

  • Stay Organized: Keep documents, receipts, and notices together. Quick access to your paperwork makes it easier for us to address any questions or requests from USCIS.

  • Maintain Your Appointments: Whether it’s an interview or a biometrics appointment, missing it can create unnecessary delays.

We’re Here to Help—Contact Us Today

If you’re feeling overwhelmed or unsure about your pending application, please reach out. My team and I at Occam Immigration are committed to providing reassurance, answers, and the legal guidance you need to keep your case on track—no matter what the headlines say.

Thank you for placing your trust in me and my team. Remember, we’re in this together. Even in an ever-changing immigration climate, we’ll work diligently to help you secure the future you deserve.

Disclaimer: This article is for informational purposes only and does not replace personalized legal advice. Every situation is unique. If you need specific guidance, please consult directly with an attorney.