Frequently Asked Questions
Clear answers to common questions about immigration, personal injury, workers compensation, criminal defense, family law, and traffic violations in North Carolina and Florida.
Immigration Law
How much does an immigration lawyer cost?
The cost of an immigration lawyer varies depending on the complexity of your case. For standard family petitions, fees typically range from $2,000 to $4,000. Deportation defense is more complex and can cost $5,000 to $10,000+. At Vasquez Law Firm, we offer transparent flat-fee pricing and flexible payment plans so you know exactly what to expect. We also provide free initial evaluations.
What is DACA and who qualifies?
DACA (Deferred Action for Childhood Arrivals) is a program that protects eligible young adults who were brought to the U.S. as children from deportation and provides them with a work permit. To qualify, you must have come to the U.S. before turning 16, lived continuously in the U.S. since June 15, 2007, and meet educational or military service requirements. While new applications are currently restricted due to court orders, current recipients can still renew.
What should I do if I am facing deportation?
If you receive a Notice to Appear (NTA) in immigration court or are detained by ICE, you must act immediately. Do not sign any documents agreeing to voluntary departure without speaking to a lawyer. Contact an experienced deportation defense attorney who can request a bond hearing to get you out of detention and explore relief options like asylum, cancellation of removal, or prosecutorial discretion.
How long does it take to get a green card through marriage?
If you are married to a U.S. citizen and entered the country legally, the process (Adjustment of Status) typically takes 10 to 18 months. If you are married to a Lawful Permanent Resident, or if you entered the U.S. without inspection, the process takes longer and may require a provisional waiver (I-601A) and consular processing in your home country.
Do I need to hire an immigration attorney in my state?
No. Immigration law is federal, meaning an immigration attorney licensed in any U.S. state can represent you before USCIS, ICE, and Immigration Courts nationwide. Vasquez Law Firm represents clients in all 50 states, handling cases via secure virtual consultations and appearing in remote court hearings when necessary.
What happens if my visa expires?
If you stay in the U.S. after your visa expires, you accrue 'unlawful presence.' If you accrue more than 180 days but less than a year of unlawful presence and leave the U.S., you may be barred from returning for 3 years. Over a year triggers a 10-year bar. It's critical to consult an attorney to explore options for extending your status or applying for a green card before leaving the country.
Can I apply for a green card if I entered the U.S. illegally?
It depends on your situation. If you are married to a U.S. citizen and entered with a valid visa (even if it expired), you may be eligible for Adjustment of Status. If you entered without inspection, you may need to pursue consular processing abroad with a provisional unlawful presence waiver (I-601A). An experienced immigration attorney can evaluate your specific circumstances and identify the best path forward.
What is the difference between asylum and refugee status?
Both asylum and refugee status provide protection to people fleeing persecution based on race, religion, nationality, political opinion, or membership in a particular social group. The key difference is where you apply: refugees apply from outside the U.S. through the UNHCR, while asylum seekers apply from within the U.S. or at a port of entry. You must file for asylum within one year of arriving in the United States, with limited exceptions.
Personal Injury
How long do I have to file a personal injury claim in North Carolina?
In North Carolina, the statute of limitations for most personal injury claims is 3 years from the date of the injury. In Florida, you generally have 4 years. However, certain cases like medical malpractice or claims against government entities have shorter deadlines. It is critical to contact an attorney as soon as possible to preserve evidence and protect your rights.
What is contributory negligence and how does it affect my NC case?
North Carolina is one of only a few states that follows the doctrine of pure contributory negligence. This means that if you are found even 1% at fault for your accident, you may be completely barred from recovering any compensation. This makes it essential to have an experienced personal injury attorney who can build a strong case proving the other party was entirely at fault.
How much is my car accident case worth?
The value of your car accident case depends on several factors including the severity of your injuries, total medical expenses, lost wages, pain and suffering, and the degree of the other party's fault. Minor injury cases may settle for $10,000 to $25,000, while serious injury cases involving surgery or permanent disability can be worth significantly more. We provide free case evaluations to help you understand your potential compensation.
Do I need a lawyer for a minor car accident?
Even in seemingly minor accidents, injuries like whiplash or soft tissue damage may not show symptoms for days or weeks. Insurance companies often try to settle quickly for far less than your claim is worth. An attorney can ensure your medical needs are fully documented and that you receive fair compensation, including for injuries that may develop later.
What if I was partially at fault for my accident in NC?
Under North Carolina's contributory negligence rule, being even partially at fault can bar you from recovering compensation entirely. However, an experienced attorney can challenge fault determinations, gather evidence to minimize your assigned fault, and argue exceptions such as the last clear chance doctrine. Do not admit any fault at the scene or to insurance adjusters.
How long does a personal injury lawsuit take?
Most personal injury cases in North Carolina settle within 6 to 18 months without going to trial. Cases that go to litigation can take 1 to 3 years or longer depending on the complexity, court schedules, and whether appeals are filed. Your attorney will work to resolve your case as efficiently as possible while maximizing your compensation.
Workers Compensation
Can I file workers comp if I am undocumented in North Carolina?
Yes. North Carolina workers compensation law covers all employees regardless of immigration status. If you were injured on the job, you are entitled to medical treatment and wage replacement benefits. Your employer cannot legally retaliate against you for filing a claim, and your immigration status should not be used against you in the workers comp process.
What should I do immediately after a workplace injury?
Report your injury to your supervisor in writing as soon as possible, ideally within 30 days. Seek medical attention immediately, even for seemingly minor injuries. Document everything including photos, witness names, and a written description of how the injury occurred. Contact a workers compensation attorney before giving any recorded statements to your employer's insurance company.
Can my employer fire me for filing a workers comp claim?
No. It is illegal for employers in North Carolina to retaliate against employees for filing legitimate workers compensation claims. If you are terminated, demoted, or harassed after filing a claim, you may have a separate retaliation claim against your employer. Document any retaliatory behavior and contact an attorney immediately.
How much does workers compensation pay in NC?
In North Carolina, temporary total disability benefits pay two-thirds of your average weekly wage, up to a maximum set by the state each year. You may also receive compensation for permanent partial disability, permanent total disability, and all reasonable medical expenses related to your workplace injury. An attorney can help ensure you receive the full benefits you are entitled to.
What if my workers comp claim is denied?
Do not give up. Many initial workers compensation claims are denied for reasons that can be successfully challenged on appeal. Common reasons for denial include late reporting, disputed causation, or pre-existing conditions. You have the right to request a hearing before the NC Industrial Commission, and an experienced attorney can gather additional medical evidence and testimony to support your claim.
Do I need a lawyer for a workers comp case?
While you are not required to have a lawyer, having one significantly increases your chances of receiving full benefits. Insurance companies have legal teams working to minimize your payout. A workers compensation attorney can negotiate on your behalf, handle paperwork and deadlines, and represent you at hearings before the NC Industrial Commission at no upfront cost since most workers comp attorneys work on contingency.
Criminal Defense
What should I do if I am arrested in North Carolina?
Exercise your right to remain silent and immediately request an attorney. Do not answer questions, make statements, or sign anything without your lawyer present. You have the right to a phone call, so contact a criminal defense attorney or a family member who can arrange legal representation for you. Anything you say can and will be used against you in court.
What is the difference between a misdemeanor and a felony in NC?
In North Carolina, misdemeanors are less serious offenses classified as Class A1 through Class 3, punishable by up to 150 days in jail. Felonies are more serious crimes classified as Class A through Class I, carrying potential sentences from probation to life imprisonment. Felony convictions carry long-term consequences including loss of voting rights, firearm restrictions, and significant barriers to employment and housing.
Can a criminal charge affect my immigration status?
Yes, absolutely. Even misdemeanor convictions can have devastating immigration consequences including deportation, denial of naturalization, or bars to re-entry. Crimes involving moral turpitude, drug offenses, and aggravated felonies are particularly dangerous for non-citizens. It is essential to hire an attorney who understands both criminal law and immigration law to protect your status.
How much does a criminal defense lawyer cost?
Criminal defense fees vary depending on the severity of the charges and complexity of the case. Misdemeanor cases typically start at $2,500 to $5,000, while felony cases can range from $5,000 to $25,000 or more. At Vasquez Law Firm, we offer transparent pricing and flexible payment plans. The cost of quality legal defense is minimal compared to the long-term consequences of a conviction.
What is a Prayer for Judgment Continued (PJC) in NC?
A Prayer for Judgment Continued is a unique North Carolina legal tool where a judge finds you guilty but does not enter a formal judgment of conviction. This means you avoid the typical penalties like fines, points on your license, or insurance increases. PJCs are limited in how often they can be used and are most commonly applied to minor traffic offenses and first-time misdemeanors. An attorney can advise whether a PJC is available in your case.
Can I get my criminal record expunged in NC?
North Carolina allows expungement of certain offenses, particularly first-time nonviolent misdemeanors, dismissed charges, and charges where you were found not guilty. Recent changes to NC law have expanded expungement eligibility. The process involves filing a petition with the court and typically takes 6 to 12 months. An attorney can determine whether you qualify and guide you through the petition process.
Family Law
How long does it take to get divorced in North Carolina?
North Carolina requires a mandatory one-year separation period before you can file for divorce. Once the complaint is filed, an uncontested divorce can be finalized in as little as 30 to 60 days. Contested divorces involving disputes over property, alimony, or custody can take significantly longer, sometimes a year or more beyond the separation period.
What is the one-year separation requirement in NC?
North Carolina law requires that spouses live separate and apart for at least one year before either party can file for an absolute divorce. During this period, you must maintain separate residences. At least one spouse must have been a resident of North Carolina for at least 6 months before filing. You do not need a formal separation agreement, but having one can protect your property and support rights.
How is child custody determined in North Carolina?
North Carolina courts determine custody based on the best interests of the child. Factors considered include each parent's ability to provide a stable home, the child's existing relationship with each parent, the child's adjustment to school and community, each parent's mental and physical health, and the child's own preferences if they are of sufficient age and maturity. Courts favor arrangements that allow meaningful involvement of both parents.
How is child support calculated in NC?
North Carolina uses specific guidelines based on both parents' gross monthly incomes, the number of children, and the custody arrangement (primary, shared, or split). The court also considers work-related childcare costs, health insurance premiums, and extraordinary expenses. Child support can be modified if there is a substantial change in circumstances such as job loss or a significant increase in income.
Do I need a lawyer for an uncontested divorce?
While it is possible to file an uncontested divorce without a lawyer, having legal representation ensures your rights are fully protected. An attorney can review your separation agreement, ensure proper division of assets and debts, address retirement accounts and pensions, and make sure child custody and support arrangements are fair and enforceable. Many people discover hidden issues that could have costly consequences without proper legal review.
What is a Domestic Violence Protective Order (DVPO)?
A DVPO is a court order that protects victims of domestic violence by requiring the abuser to stay away from the victim, leave the shared residence, and cease all contact. In North Carolina, you can obtain an emergency temporary order the same day you file, which lasts up to 10 days until a full hearing. A permanent DVPO can last up to one year and be renewed. Violating a DVPO is a criminal offense.
Traffic Violations
Should I fight a speeding ticket in NC?
In many cases, yes. A speeding ticket conviction in North Carolina adds points to your driving record and can significantly increase your insurance rates for 3 or more years. Depending on the speed and circumstances, an attorney may be able to get the charge reduced to a non-moving violation, obtain a Prayer for Judgment Continued (PJC), or have the ticket dismissed entirely. The long-term insurance savings often far exceed the cost of legal representation.
How many points before my license gets suspended in NC?
In North Carolina, accumulating 12 points within a 3-year period results in license suspension. Point values range from 1 point for minor infractions to 5 points for aggressive driving or passing a stopped school bus. A first suspension lasts 60 days, a second suspension lasts 6 months, and a third suspension lasts 12 months. Keeping points off your record through legal representation is critical to protecting your driving privileges.
What is the NC Safe Driver Incentive Plan?
The NC Safe Driver Incentive Plan (SDIP) is a system that allows insurance companies to surcharge your premiums based on convictions and at-fault accidents on your driving record. Even a single speeding ticket can increase your insurance rates by 30% or more for 3 years. More serious violations like DUI or reckless driving carry even higher surcharges. This is one of the main reasons it is worth fighting traffic tickets with legal representation.
Can a traffic violation affect my CDL?
Yes. Commercial Driver's License holders face stricter rules and harsher penalties for traffic violations. Certain violations committed in any vehicle, including your personal car, can result in CDL disqualification. Two serious traffic violations within 3 years result in a 60-day CDL disqualification, and three violations lead to a 120-day disqualification. A DUI conviction results in a one-year CDL disqualification for the first offense and a lifetime disqualification for the second.
Do I need a lawyer for a traffic ticket?
For most traffic tickets in North Carolina, hiring a lawyer is a worthwhile investment. An attorney can often appear in court on your behalf so you do not have to miss work, negotiate reduced charges that keep points off your record, and help you avoid the insurance surcharges that make tickets far more expensive than the fine alone. For CDL holders or drivers with prior violations, legal representation is especially important.
Still Have Questions?
Every case is unique. Contact us today for a free evaluation to discuss your specific situation with an experienced attorney.