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US Immigration FAQs

  • Generally speaking, US immigration eligibility falls into the following categories:
    - Family-based;
    - Employment-based;
    - Investment; and
    - Asylum/Humanitarian.

    While I work in the first category, I am happy to offer referrals to attorneys who work in the others. You can also search for US immigration lawyers at www.ailalawyer.com.

    The best thing you can do to help your future immigration chances is to keep a clean record. Follow any interim visa restrictions carefully. Honestly answer questions. And so on.

  • Under existing law, US citizens can petition for their spouse, fiancé(e), parents, siblings, stepchildren, and sons/daughters of any age or marriage status.

    Current law allows US permanent residents to petition for their spouse and sons/daughters (but only under 21 years old or 21 years and older and unmarried).

    If you'd like to talk over wait times for each category and the process involved in petitioning, please book a consultation.

  • You might be! Book a consultation and gather the following information:

    • Proof of your relative's US citizenship

    • Your relative's birth date

    • List of dates when your relative lived in the US or was part of the US military stationed abroad

    • Information about how you're related to the particular relative

    I encourage you to pursue this as soon as you become aware because it is far easier to prove when the relative is living.

  • It depends on your age and years when you lived in the United States. Even if they are not a US citizen, they will have immigration options.

    Within a consultation, we can typically make a clear citizenship determination and discuss next steps, whether registering their US citizenship or being aware of future paths to US immigration for your child.

    When possible, we encourage you to register your child's citizenship when they are as young as possible.

  • At the moment, we are only assisting with applications at the Auckland consulate for people who have residence or citizenship in New Zealand.

  • It can be quite the shock to receive a denial, but it may not be the end of your visa path.

    While the interview and denial are fresh in your mind, take detailed notes on what you remember. Exactly what was asked? What was your response? Did the officer talk with anyone else about your case while you were there? What did they give you?

    Then book a consultation so that we can help you interpret what happened and lay out your options going forward. Please provide a copy of the application you filed and anything that you were given at the consulate.

  • You’re not alone in being in this situation. Each situation requires an individual assessment of the immigration consequences.

    To get the most from a consultation, please provide your records when you book an appointment. For NZ criminal matters, first request your record from the Ministry of Justice. Then, contact the court(s) listed to request a copy of the court record for each case.

    For overseas criminal matters or past immigration violations, please provide us with your existing paperwork when you book a consultation.

  • Yes. Although the Clean Slate scheme has an impact on the treatment of older arrests in New Zealand, United States immigration officials do not recognize record sealing, expungement, or any other amnesty for old criminal offenses. You are responsible for fully disclosing your record.

  • Renouncing US citizenship is a big decision, and you deserve to make the decision with the benefit of full information. We can guide you through the immigration impacts of renunciation and introduce you to tax professionals who can help you evaluate the financial impacts. If you decide that it's the right time for you, we can handle your paperwork and guide you through what you can expect when you make it official at the consulate.

  • We are often able to advise on consular services not explicitly listed. Please reach out, and we’ll let you know.

FAQs about Working with Optimum Law

  • It is rarely too soon. Most immigration processes take time for us to prepare and for the US government to process. It’s a good idea to consult with us when you’re early in planning so that you know your options and can set realistic timeline expectations.

  • The first step in working together is to schedule a consultation, which is $460 NZD (GST included). This includes a thorough review of your circumstances and a virtual meeting with a US immigration lawyer. After the consultation, you can expect to have a good idea of your options, next steps, and the cost for our services. You should not expect to have your case solved by the end of the consultation.

    We almost always charge by flat fee per portion of the case. Exact legal fees depend on the unique circumstances of your situation. We can make arrangements for fees to be paid in installments.

    Additional information available here.

  • In our office, the consultation is the information-gathering process at the beginning of the case. You can read lots more here.

  • We limit the number of consultations we take in a given week and month to allow enough time to focus on our existing clients and only bring on new clients when we have availability to commit to the case. While this means you may need to wait for the initial appointment, we believe this leads to better overall service.

    If you’d like to see if another immigration lawyer has a sooner appointment, we suggest searching here.

    Thank you for your patience.

  • Absolutely. We hold meetings and communicate electronically, so it's no problem at all to do so from a distance. In fact, most of our clients are outside Auckland.

  • Outside of extenuating circumstances, we're not currently offering in-person consultations. This keeps the price for a consultation low and allows us to more effectively serve clients. If you feel that you have a special circumstance that warrants an in-person consultation, feel free to email and bring it to our attention.

  • Scheduling a consultation does not obligate either of us to work together beyond the initial case review and meeting.

    Several factors influence whether we take a particular case including (but not limited to) specifics of the legal case, client fit, firm availability, situation where we can truly add value to the client's case, and more.

    Be aware that we are a boutique practice and may have waitlists at times. This allows us to give superior service to a limited number of clients at a time.

  • 1 - I have the professional background capable of giving you a positive result. That includes a lengthy education culminating in a Juris Doctor, years of experience working on a variety of immigration cases, and connection with educational and professional resources through AILA and other professional networks.

    2 - My practice is boutique: we do US immigration law and only US immigration law. I invest all my professional growth in this space. And, as a small firm, I take a limited number of cases so that I can give each client the attention they deserve.

    3 - Immigration is a big part of my personal life, too. I met my Kiwi partner when he was in the US on an H-1B, and we traveled the journey of his immigration case together. More recently, I became an immigrant myself when I moved my life and family to New Zealand. I know how personal this work is, and I promise to handle you and your case with care.

    4 - Because of my lived experience, I am familiar with both American and Kiwi culture, understanding the nuance of customs and language in both places. This makes me uniquely qualified to prepare and advise my clients going to the USA from New Zealand or returning to New Zealand after time in the States.

    5 - I have the best clients in the world.

  • When you handle your own case or rely upon unverified information online, you may or may not get a full picture of all the things you need to consider. Further, you navigate the complicated process alone.

    When you work with us, you get the advantage of being guided through your options for your unique goals and circumstances. Then, we’ll explain the legal and practical pieces of getting you to your desired outcome. Your life doesn’t exist in a vacuum, and neither does our advice and representation.

    We’ll guide you through your journey, handle interactions with the government, prepare you to anticipate what’s coming next, and save you time and frustration in the process.

    In our experience, correcting a case already underway always costs our clients precious time and usually ends up being more expensive than having us handle the case from the beginning.

  • There's no shame in realizing that you've taken something as far as you can and are ready to hand it over to an expert. We can often take over a case after it's started. To see if this applies to your case, book a consultation and provide the application and evidence you filed along with any correspondence to/from US immigration officials.

  • Probably. Many services are done virtually and electronically, and we can work with clients around the world so long as it’s legal in your local jurisdiction. If in doubt, feel free to reach out.