FAQ

If you are stopped by ICE or border agents:

1. You have the right to remain silent.
2. You do not have to sign anything.
3. Ask to speak with a lawyer immediately.
4. Do not lie or provide false documents.
5. Do not claim to be a US citizen, unless you are one.
6. Contact our office as soon as possible, we offer emergency support in removal and detention cases and can advise you of your rights.

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If your visa expires and you remain in the U.S. unlawfully, you may be considered out of status and subject to removal. However, your options will depend on your specific situation. It is critical to speak with an immigration attorney immediately to explore possible relief, extensions, or adjustments that could prevent serious consequences.

Many employers can sponsor foreign workers for green cards. We guide both employers and employees through each step, ensuring full compliance with immigration and labor laws. We work with employers to create valuable and efficient non-citizen recruiting programs to supplement the available workforce.

Some of the faster paths to a green card include marriage to a U.S. citizen, employment sponsorship in a high-priority category, and certain humanitarian programs. Processing times depend on USCIS workload and your specific category. We’ll assess your eligibility and help streamline the process wherever possible.

A green card (lawful permanent residency) allows you to live and work permanently in the U.S. You can obtain a green card through various paths, including family sponsorship, employment, asylum or refugee status, and other special programs. Our firm will evaluate your eligibility and help you pursue the correct legal route based on your situation.

Yes, we have extensive experience in removal defense and asylum representation. We will evaluate the facts of your case, prepare and submit all necessary legal filings, and represent you at every stage, whether you're applying for asylum, seeking cancellation of removal, or appealing a denial. You do not have to face these proceedings alone.

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A qualified immigration attorney should be licensed to practice law in a U.S. jurisdiction, have specific experience handling immigration cases, and ideally be a member of the American Immigration Lawyers Association (AILA). The attorney should be able to explain to you the “whys” of your case. “Why” do you qualify to file? “Why” might USCIS or EOIR deny your case? “Why” should they approve it? “Why” should you file now?

We recommend bringing:

1. Your passport and any current or expired visas
2. I-94 arrival/departure record
3. Any USCIS notices or receipts (Form I-797)
4. Court documents (if applicable)
5. Marriage, birth, or divorce certificates (if family-based case)
6. Employment documentation (if employment-based case)
7. Any prior applications or denials
8. Don't worry if you’re unsure what to bring, our office will guide you prior to your appointment.

The immigration system is currently suffering from backlogs and inefficiencies that cause cases to drag out. As attorneys, we combat these backlogs and inefficiencies by submitting documents correctly, the first time, and by following-up on expedite requests when circumstances warrant one. We also monitor changes in immigration law and respond to Requests for Evidence thoroughly, allowing the government to do its job without delay. While we cannot completely control the timeline of visa petitions, we do everything in our power to achieve results for our clients.

Yes, we represent clients in immigration court during removal (deportation) proceedings, bond hearings, and appeals before the Board of Immigration Appeals (BIA). We also represent clients in asylum interviews and hearings, and we work to protect your rights throughout every stage of your case. If your attorney is unwilling to sign the preparer statement or attend the interview with you, you should check to see if they are a licensed attorney.

Yes. Work permits, or Employment Authorization Documents (EADs), are often available in connection with pending immigration cases such as asylum, or certain family or employment based applications. We will determine your eligibility and guide you through the application process to help you legally work in the U.S.

Our firm has extensive experience assisting students with F-1 visa applications. We help with initial filings, extensions, reinstatements, Optional Practical Training (OPT), and “what’s next” preparation for after your F-1 expires. Whether you're applying from abroad or adjusting your status within the U.S., we can help ensure your application is complete, accurate, and timely. Contact us directly to schedule a consultation.

The cost varies depending on the complexity of your case and the experience of the attorney. Like many other professions, there are attorneys with a wide range of costs due to experience levels and strategies. For example, an attorney that just started in immigration law may charge a smaller fee than a more experienced or well thought of attorney. Some firms offer low costs by delegating all casework and communication to non-attorney staff members. We offer individualized immigration strategies that are tailored to the client’s needs and strengths. While we take pride in our paralegals, we know that attorney- client communication is important. Accordingly, our attorneys meet with clients to prepare for interviews, review all documents before they are filed, and answer questions as they arise. We implement transparent, flat-fee pricing whenever possible, and payment plans may be available for qualifying clients. We encourage you to schedule a consultation so we can provide a personalized estimate.

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Immigration law is one of the most complex areas of the U.S. legal system. A person’s immigration status can be impacted by intertwined local, state, and federal laws. Due to the executive branch’s use of executive orders and attorney general certified decisions, immigration law can change abruptly. A single mistake such as submitting incomplete documentation or missing a deadline can result in serious consequences, including denial, delays, additional costs, or removal from the United States. An experienced immigration attorney understands the latest regulations, policy changes, and case strategies; helping to minimize risk and maximize your chances of approval.

An immigration lawyer meets with clients to gather information and determine how to achieve the client’s goals by using the legal framework provided in the INA. Then the lawyer will provide legal guidance and representation to individuals, families, businesses, and non-profits on navigating the U.S. immigration system. This includes assisting with visa applications, PERM processing, green cards, naturalization, deportation defense, asylum claims, waivers, and more. Our role is to ensure that every legal step is followed timely, correctly, and strategically to protect your status and future in the United States.

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Yes, but there are a few exceptions to the warrant requirement. The plain view doctrine allows an officer to search a vehicle if contraband is visible from a public place. There are also exceptions for fleeing suspects, probable cause of evidence destruction, and emergency well-being. If an officer conducts an illegal search, all evidence gathered during the search must be excluded. Additionally, if the search resulted in the discovery of additional evidence, the additional evidence must be excluded.

Yes. An attorney can help to make sure that your rights are not violated during the criminal process. Even if you are planning on pleading guilty, a good attorney can work to come to an agreement as to sentencing or secondary charges.

You should expect someone who has clear communication, negotiates and advocates on your behalf, and protects your rights. Your attorney should understand the “why” of your case. What is important to you? Do you have a license that would be impacted by a conviction? Do you have an immigration status other than US citizen? Are you in the middle of a parenting dispute and a conviction would impact your relationship with your children? These are all important things that a good criminal defense attorney will consider when advising you.

Only during custodial interrogation. Your “miranda rights” only apply when you are in police custody (a reasonable person would not feel free to leave) and law enforcement is asking you questions or conducting themselves in a way to produce testimony. Officers do not need to Mirandize you when you are being arrested. This is a trick that is often used to make people talk during the ride to the station. If the officer is not questioning you, Miranda does not apply.

You have the right to remain silent and the right to have an attorney present. You cannot be subjected to undue pressure, and you have the right to end the questioning.

Yes, you can proceed “pro se”. This is your right, but you will be held to the same standard as an attorney and will be unable to appeal due to ineffective assistance of counsel.

Contact an attorney immediately and start working on getting the warrant quashed. Make sure you avoid police contact. If confronted about your warrant by law enforcement, do not try to lie about your identity, run, or resist arrest, this can result in additional charges. If the warrant cannot be quashed, your attorney can work with the Court and Sheriff’s department to schedule a surrender and first appearance on the same day.

A plea bargain is an agreement between the prosecutor and the defendant to resolve a criminal case. Plea bargains usually involve exchanging guarantees from the state and an admission of guilt from the defendant. Prosecutors might be willing to reduce charges, dismiss secondary charges, or advocate for a certain sentence in exchange for an entry of plea. If you can establish doubt in the State’s case, plea bargaining can be an effective way to reduce the risk to a defendant by guaranteeing probation, reducing felonies, or addressing secondary concerns like immigration status, professional licenses, or parenting time. Whether or not you should take a plea deal is entirely up to you. Every plea bargain involved a risk and reward. A good attorney will describe the risks to you, but only you can determine if it is the correct decision for your future.

Yes, charges can be negotiated and dropped before trial. This is more likely to happen when additional evidence is discovered or a witness retracts their statement. It is more common for charges to be reduced in lieu of a trial or for a jury to find the defendant not guilty.

A criminal jury trial can take anywhere from one day to multiple weeks. While a simple DUI case might take one day, a complex federal RICO trail may take multiple months.

A misdemeanor is a less serious crime than a felony and is usually resolved with probation, house arrest, community service, fines, or a year or less in jail. A felony is a more serious crime that could result in a prison sentence ranging from 2 years to life, fines upwards of $25,000, probation, post-release supervision, or the death penalty. The potential sentence and mandatory minimum is determined by the classification of the felony and number of crimes.

No! A lawyer being present can help your case in the long run. You have the right to remain silent. It is your right not to talk regardless of what the police tell you. Anything you say will be used to try and question your story or support a conviction. If a police officer is questioning you, it is too late to talk yourself out of the situation.

Governed by 5th and 6th amendments: grand jury, double jeopardy, self-incrimination, right to confront witnesses, right to subpoena witnesses to testify on your behalf, right to challenge evidence, due process, speedy and public trial, impartial jury, and legal counsel. There are additional rights that are not used as often, like the right to a competency evaluation and the right to represent oneself.

They are booked at the nearest jail and brought in front of a judge for an initial appearance within 72 hours. The Court ensures that they are informed of the charges brought against them, their rights are explained, and the person has the chance to ask for bond/ bail or pretrial release.

This answer will depend on the alleged crime, the location of the crime, the collateral consequences involved, and the experience of the attorney. A first offense DUI in Lancaster County might be a flat fee of $2,500 while a first degree murder in a remote county might be a flat fee of $100,000. Criminal defense is one of the areas where it is not always best to take the cheapest option. An experienced trial attorney who has multiple high-end felony acquittals, like James Scarff, will charge more per hour and likely be able to provide a higher level of care than an inexperienced attorney. Individualized case planning will cost more than representation from a criminal defense mill. It is important to consider the complete package of a representation agreement, not just the flat-fee or retainer amount.

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You should look for someone who has experience in your specific type of case. An attorney who only practices DUI defense will likely be “learning on the job” in a sexual assault case. Experience is not everything, but when it comes to being able to spot issues or strengths in a case, having someone who has been there before is valuable. To test whether the potential attorney understands your case, ask them to explain what the state needs to prove. You should look for an attorney that is transparent with costs. At Polaris, we try to implement policies like flat-fee pricing to increase transparency and set expectations for your case. Traditional hourly billing can be necessary for certain cases, but it can also lead to drastically higher costs and fear of contacting your attorney due to being billed per phone call. Lastly, avoid any attorney that makes guarantees. An attorney cannot tell you on the first phone call whether or not a case will be dismissed. Without reviewing the evidence, any promise or guaranteed result should be a red flag. Our only guarantee to potential clients is that we will use all our expertise, experience, and effort to zealously advocate for their interests and inform them of important developments every step of the way.

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Criminal law is the branch of law that defines crimes, the process for arrest, trial, appeals, and the rights of the accused. Penal law covers the sentencing, fines, probation terms, and rules about parole or early release. However, these terms are often used interchangeably.

A criminal court is a court that has jurisdiction over disputes involving the criminal justice system. Our constitution gives due process rights to everyone present in the United States and requires the government to prove allegations before holding someone in custody. The criminal courts are where prosecutors must prove their case in front of a judge. Defendants are able to address the Court, present evidence in their behalf, and retain lawyers to represent them at Court.

The standard of guilt in a civil case is generally a preponderance of the evidence instead of beyond a reasonable doubt. The standard in criminal court is higher due to the liberty interests at stake in criminal proceedings. While civil cases can result in large fines or financial hardships, criminal proceedings can result in loss of life, liberty, and property.

The plaintiff in a criminal case is always the State, the city, or The people of the United States (in federal cases) depending on who has jurisdiction. Jurisdiction is determined by where the crime occurred and the statute that was violated. Example, a defendant can face State charges brought by a county attorney’s office for violating state controlled substance laws while simultaneously facing federal charges for violating federal controlled substance laws.

In adult, criminal, cases, the standard of guilt is proof beyond a reasonable doubt. This means that the state has the burden of proving that you committed the crime to a degree that a reasonable person doesn’t doubt the evidence. To get an arrest warrant, the State only needs to provide probable cause. Probable cause is a reasonable belief that a crime has occurred, supported by sufficient admissible evidence and circumstances. For a felony case to be moved to district court, the State must show that it is more likely than not that a crime occurred and that the defendant is the person who committed the crime.