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US Immigration FAQs

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

    While I work in the first two categories (plus talent-based visas that can fall into the third), 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.

    You can learn more about the services we offer here.

    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 request a consultation.

  • You might be! Request 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 and when the potential US citizen is as young as possible.

  • 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.

    Get started by requesting a consultation.

  • You can get information about eligibility for the diversity visa lottery here. Eligibility is tied to your country of birth - not your country of naturalization.

    The diversity visa lottery is open for entries for a short window each year (typically October/November).

    Importantly:
    - Eligible applicants may only enter the lottery ONCE per year; and
    - You must keep a copy of your confirmation and number at entry because this is the only way you can see if you have been selected (you will not be notified).

    You can get information about the most recent or upcoming opening of the diversity visa lottery here. You can get more information about the process here and about the program generally here.

    Always get your information from a US government site and never pay a fee to enter the lottery - entry itself is free.

    Need advice specific to your circumstances? Request a consultation.

    Want representation going through the process after being selected? Book a consultation to get started.

  • I would be happy to advise your client directly. They can request a consultation directly.

    However, I am not currently providing expert testimony or affidavits.

  • 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. As always, read every question carefully and answer exactly what was asked with the truth.

    If you’d like us to assess the impact of your record on your US visa chances, request a consultation.

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

    Feel free to get in touch if you have an exceptional circumstance.

  • 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 request 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.

  • 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.

    Check out our specific service options here.

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

    Unfortunately, we are not able to offer technical assistance to navigate consular portals. You may be able to get help with those matters through the consulate’s help desk: https://www.ustraveldocs.com/nz/en/contact-us

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.

  • For renouncing US citizenship, we have specific packages that we offer. You can learn more here.

    For all other types of work, we start with an assessment consultation, which costs $670 NZD (GST included).

    This includes a thorough review of your circumstances by our lawyer and a virtual meeting with our US immigration lawyer, Amanda Sadlier, for up to 45 minutes. In the meeting, we will:
    - discuss the specifics of your goals and options,
    - answer your questions,
    - determine next steps or decision points, and
    - where there is more work for us to do, quote the cost of our legal services going forward.

    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.

    Get more information here.

    For an assessment of your case, book a consultation here.

    For an assessment of your case in which you may need help beyond the consultation, book a consultation here.

  • The consultation is the first meeting between the attorney and potential client. It involves fact-finding and assessment.

    There is a fee for a consultation, which allows us to be thorough in our process. The consultation includes a thorough review of your circumstances by our lawyer and a virtual meeting with our US immigration lawyer, Amanda Sadlier, for up to 45 minutes.

    In the meeting, we will:
    - discuss the specifics of your goals and options,
    - answer your questions,
    - determine next steps or decision points, and
    - where there is more work for us to do, quote the cost of our legal services going forward.

    Get more information here.

    For a one-time assessment of your case, book a consultation here.

    For an assessment of your case in which you may need help beyond the consultation, book a consultation here.

  • In the current climate, changes in US immigration law and policy change by the hour. It’s critical to have the most updated information, which we are able to access through our professional networks.

    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 because it’s not tailored to your unique situation. 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.

  • 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.

  • We are not currently offering in-person consultations except in exceptional circumstances. If you believe you have a particular need for an in-person consultation, please bring it to our attention via email.

  • 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 US permanent residence 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 on their US visa, residency, and citizenship matters, whether 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.

  • 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.

Are you ready to get your circumstances in front of an experienced US immigration lawyer?