We design a strategic legal advice for every client.

Immigration Practice

 

Immigration law could be complicated and errors made in your case can affect your rights and ability to stay or doing business in the United States. 

Naturalization & Citizenship

We represent individuals through the naturalization process to become U.S. citizens, as well as handle automatic and derivative citizenship cases.  We also assist clients in applying for U.S. passports, including in complex citizenship cases.

 

Adjustment of Status (Green Card)

We represent families, including spouses, fiancé(e)s, children, and parents, to obtain the appropriate visa to enter the United States or a path to U.S. residency both within the United States and from abroad. We also handle removal of conditional residence and adoption cases.

 

Consular Processing

If you reside outside of the US or are ineligible to adjust your status in the US, you may be eligible to apply for lawful permanent residence at the US Embassy or Consulate in the country where you are a national.  Once the USCIS approves the visa petition submitted by your relative (Form I-130) or employer (Form I-140), the approved petition will be forwarded to the National Visa Center (NVC).

 

Non-Immigrant Visas

We represent clients with other non-immigrant visas, including:  B-1 and B-2 visitor visas, including B-1 Domestic Workers, and F-1 and M-1 Student Visas.

 

Waivers

I-601(A) Waiver for Unlawful Presence

If you have accrued an unlawful presence in the U.S. and are not eligible for adjustment status, you may be hesitant to depart for your consular interview for fear that you would be denied re-entry. Fortunately, the Secretary of the Department of Homeland Security (DHS) has created a new process that allows immediate relatives of U.S. citizens to apply for a provisional unlawful presence waiver while still in the U.S. and before departing for their immigrant visa interview abroad.

212 Waiver of Inadmissibility for Fraud or Misrepresentation

If you willfully misrepresented a material fact on a past immigration application, you can be permanently barred from immigrating to U.S. and becoming a permanent resident unless you qualify for a waiver of fraud and willful misrepresentation.

This waiver is available if you can prove that a U.S. citizen or lawful permanent resident spouse or parent would face extreme hardship if you are denied or removed from the U.S.

 

Temporary Protected Status (TPS)

If the conditions in your home country are deemed to be unsafe, you may be eligible to receive Temporary Protected Status or how it is called (TPS). This kind of protection allows you to live, work in the U.S., and travel back and forth without fear of being placed in deportation proceedings.

The Department of Homeland Security classifies the following conditions as unsafe:

Ongoing armed conflict (such as civil war)

An environmental disaster (such as earthquake or hurricane), or an epidemic other extraordinary and temporary conditions

Countries eligible for TPS: El Salvador, Guinea, Haití, Honduras, Liberia, Nicaragua, Sierra Leone, Somalia, Sudan, South Sudan, Yemen, and Syria. With respect to TPS for Haiti, on November 20, 2017, Acting Secretary of Homeland Security Elaine Duke announced her decision to terminate the Temporary Protected Status (TPS) designation for this country with a delayed effective date of 18 months to allow for an orderly transition before the designation terminates on July 22, 2019.

 

Deffered Action for Childhood Arrivals (DACA)

The DACA program was formed through executive order by former President Barack Obama in 2012 and allowed certain people, called Dreamers, who came to the U.S. illegally as minors to be protected from immediate deportation. Recipients were able to request “consideration of deferred action” for a period of two years which is subject to renewal.  They were also eligible for work authorization. As general, the criteria for this program was:

Arrival before the age of 16

Being under the age of 31 on June 15, 2012

Continuous residence in the United States since June 15, 2007

Student, graduate, active military or veteran

Not convicted of a felony, serious misdemeanor or three simple misdemeanors

Although President Trump officially dismantled the DACA program, we are expecting a new program that protects these young undocumented immigrants from deportation.

Asylum 

Each year, thousands of non-citizens arriving at our border or already in the United States apply for asylum, or protection from persecution. Asylum-seekers must navigate a difficult and complex process that involves multiple government agencies. Those granted asylum have the opportunity to apply to live in the United States permanently, receive certain benefits, and be reunited with their family members.

Asylum is a protection granted to foreign nationals already in the United States or at the border who meet the international definition of a “refugee.  An asylee, or a person granted asylum, is authorized to work in the United States, may apply for a social security card, may request permission to travel overseas, and can petition to bring family members to the United States. Asylees may also be eligible for federal or Office of Refugee Resettlement benefits, such as Medicaid or Refugee Medical Assistance.

After one year, an asylee may apply for lawful permanent resident status (i.e., a green card). Once the individual becomes a permanent resident, he or she must wait four years to apply for citizenship.