Areas of Practice

Asylum

A person may apply for asylum affirmatively or as a defense to removal if the non-citizen meets the definition of “refugee” under the Immigration and Nationality Act (INA) and is not subject to one of the statutory bars. A “refugee” is defined as “any person who is outside any country in which such person’s nationality or…any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.

Removal & Deportation

If you entered the United States without a visa or violated the terms of your visa, the U.S. may initiate removal proceedings against you. The removal proceeding is initiated once the U.S. government files the charging document, called; Notice To Apprer, with the immigration court that has jurisdiction over the alien. However, you may be eligible for a defense, which could stop the U.S. government from removing you. For instance, you might be a U.S. citizen at birth, married to a U.S. citizen, a victim of a crime, or was/will be harmed if he/she returns to the home country.

If you have been charged with a crime such as assault, domestic violence, driving while intoxicated, theft, fraud, aggravated felony…..etc, you must speak to an experienced immigration attorney and get him/her involved as soon as possible.

Citizenship

Fiancee Visa

A person may derive or acquire U.S. citizenship at birth. Persons born in the United States and subject to the jurisdiction of the United States are citizens at birth. Persons born in certain territories of the United States may also be citizens at birth. In addition, persons born outside of the United States may be U.S. citizens at birth if one or both parents were U.S. citizens at the time of birth. If not, persons may become U.S. citizens through naturalization. Naturalization is the conferring of U.S. citizenship after birth.

VAWA & U-Visa

VAWA allows an abused spouse or child of a U.S. Citizen or Lawful Permanent Resident (LPR) or an abused parent of a U.S. Citizen to self-petition for lawful status in the United States, receive employment authorization, and access public benefits. VAWA provides domestic violence survivors with the means essential to escaping violence and establishing safe, independent lives. Note that both male and female spouse victims are eligible to apply.

U visa status is set aside for victims of certain crimes who have suffered substantial mental or physical abuse and are willing to assist law enforcement and government officials in investigating or prosecuting criminal activity. Congress created the U visa under the Trafficking Victims Protection Act of 2000 (TVPA). The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of aliens, and other crimes. At the same time, it aimed at providing humanitarian relief to a vulnerable population, most of which do not have lawful status in the United States. Only 10,000 U visas can be issued per year. The number of U visa petitions has outpaced this limit for many years, creating a long backlog of multiple years. However, once individuals are added to the U visa wait-list, they are eligible for employment authorization.

E-Visa

The E-2 visa allows a national of a country with which the United States has an agreement or treaty to be admitted to the United States as an investor when the investor is willing to invest a substantial amount of capital in a U.S. business. The amount of investment is based on the nature of the business. The investor will be allowed only to work at his/her enterprise. However, the investor’s spouse will be authorized to work for any employer in the United States, and the investor’s children under 21 years may attend school.

NAFTA

The TN visa category is part of the North American Free Trade Agreement (NAFTA). It permits Canadian and Mexican citizens who possess specific required qualifications and credentials to work in the U.S. on a temporary basis in certain defined professional occupations. Canadian and Mexican citizens can be admitted to the United States in TN status in increments of up to three years. Extensions of stay are also granted in up to three year increments. Status can be renewed indefinitely, provided that the stay remains temporary in nature.

Administrative & Judicial Review

L Visa

An alien may seek administrative and/or judicial review after an unfavorable decision by USCIS on a visa petition/application. Additionally, an alien may file a Federal Court complaint if there has been an unreasonable delay in adjudicating the alien’s application or if there was an abuse of discretion.

DACA

We assist dreamers renewing their status or applying for a work authorization awaiting Congress to act and provide a path to citizenship.

CRIMINAL CHARGES & CONVICTION

If you were charged with a crime, you must seek an experienced attorney’s advice before entering a plea or being convicted. In fact, particular crimes such as DUI, Domestic Violence, aggravated felony, and possession of a controlled substance could drastically impact your status or eligibility for getting status in the United States. Moreover, certain crimes could render you inadmissible or deportable without possible relief under the Immigration Act. Therefore, it is in your best interest to get an experienced immigration attorney involved once you have been charged with a crime. Speaking to an immigration attorney will undoubtedly ease your journey to procuring a lawful status in the United States.

A U.S. citizen may apply for his/her fiancée for a visa. The U.S.C must marry his/her fiancée within 90 days of the alien’s entry to the U.S. The alien cannot marry someone else except the U.S.C, who petitioned for the alien.

National Interest Waiver

L visa may be accorded to an alien who, within three years preceding his application for admission, was employed abroad continuously for one year by a parent, branch, affiliate, or subsidiary of the U.S. petitioning company. Both the U.S. and the foreign company must be active. Doing business requires activity, not just registration of business or office or agent. Doing business means that the company is providing services or goods on a regular and systematic basis.

An Alien may qualify to apply for Eb2 visa without submitting his/her labor certification to the Department of Labor if he possess an advanced degree or exceptional abilities.

Advanced degree:

The petitioner must demonstrate that the position, and the industry as a whole, normally requires that the position be filled by a person holding an advanced degree.

Exceptional abilities:

Alien has exceptional ability in the sciences, arts, or business;

Alien will substantially benefit the national economy, cultural or educational interests, or welfare of the United States in the future; and

ALien’s services in one of those fields are sought by an employer in the United States.