Areas of Practice
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.
Our licensed US immigration attorneys can help with all of your US business immigration matters, including nonimmigrant petitions and applications, green card processing including labor certification and immigrant petitions, as well as business visitor entries. We can also help your organization to plan and structure your mobility to the US and related immigration programs to comply with such matters according the regulations.
We make submissions and represent clients before the Department of State, including US consulates around the world, the Department of Homeland Security (including the United States Citizenship & Immigration Services and Customs and Border Protection), the Department of Labor and others.
DEFERRED 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.
aDJUSTMENT OF STATUS
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.
We know that immigration issues arise from corporate restructuring. Whether the deal involves a merger, acquisition, asset purchase or spin-off, it is beneficial to both the buyer and seller to address immigration law issues as early as possible in the transaction. Each business deal presents specific issues and thus must be approached with a smart perspective and appropriate framework.
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.
I-601(A) Eligibility Requirements
- Be an immediate relative of a U.S. citizen (spouse, child, parent)
- Be the beneficiary of an approved relative petition
- Be 17 years or older
- Be present in the U.S. at time provisional waiver is filed
- Show extreme hardship to a U.S. citizen, spouse, or parent if denied
- Cannot be in removal proceedings
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.
Waiver for Criminal Grounds
If you have a criminal history and were denied entry into the U.S. because of that crime, you may be eligible to file for a waiver application.
If you were convicted of any of the following, you can apply for this type of waiver:
- A crime involving moral turpitude
- A single offense of possession of 30 grams or less of marijuana
- Involvement in serious criminal activity where immunity from prosecution was asserted;
- Conviction of two or more offenses of any kind with an aggregate sentence imposed of at least 5 years; or
- Asserting immunity against prosecution of a serious crime
You must also show that:
- At least 15 years have passed since the criminal act and you can prove rehabilitation;
- An immediate family member needs you and would suffer extreme hardship if you were denied entry.
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).
eb-5 investor visas
The internet, software, and technology are so pervasive that we can’t remember having ever lived without them. They make our lives simpler, but behind the curtain are fluctuating challenges in protection and monetization; challenges that our firm stays two steps ahead of. We’ve helped engineers, inventors, gaming startups, and entrepreneurs develop, license, sell, and maintain ownership over their creations. We’ve also negotiated purchasing and partnership agreements for larger investment companies looking for their unicorn.
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.
Temporary Protected Status
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.