Immigration Practice Areas

Family Petitions

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Family unification comprises an important part of the U.S.  immigration system. U.S. citizens and lawful permanent residents can potentially apply for certain family members to obtain lawful status. 


U.S. citizens can often petition on behalf of their spouses, fiancés, parents, and minor and adult children and siblings.  “Green card” holders can also petition on behalf of their spouses, and unmarried minor and adult children.


Each client has a unique set of facts and we discuss your options with you. Our office is known for our extraordinary attention to detail in our family petition cases - your loved one deserves nothing less. 


Conditional Residency (I-751)

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Immigration issues can be tricky and consulting an attorney is usually the best option. For instance, an immigrant granted lawful permanent residence, through a marriage less than two years old when his “green card” was granted, will first be granted conditional permanent residence, or a conditional “green card”.  Important distinctions like these often confound clients - we are here to help.


An immigrant must file for the removal of the conditions on his residency before that status expires by filing Form I-751 with USCIS. Our expertise lies in preparing robust applications and calendaring important dates that impact your immigration status. 

Naturalization/Citizenship (N-400)

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Naturalization Application

An immigrant can apply for citizenship ("naturalization") if one has been a lawful permanent resident, or “green card” holder, for at least five years.  Also, a lawful permanent resident may apply if married to a U.S. citizen and has been a lawful permanent resident for at least three years. 


The grant of citizenship is discretionary. If one has any arrests or convictions, one should consult with an immigration attorney prior to submitting a naturalization application.  This is especially true of the applicant has had any arrests or convictions after being granted lawful permanent residence.


Acquired and Derived Citizenship

An immigrant may actually be a U.S. citizen as of the time of their birth, or may have become a citizen due to the naturalization of their parents.  Such a determination requires a detailed analysis of the immigrant’s case - please call us to schedule a thorough consultation to research your case.


U-Visa

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U-Visas offer specific relief for victims of crimes. Undocumented immigrants who have been the victims of certain specific crimes may be eligible to apply for a U-Visa - if granted, it can result in lawful status and eventually the opportunity to apply for lawful permanent residence.


Additionally a U-Visa applicant can include certain family members  as beneficiaries. U Visa applicants who are 21 years of age or older can include their spouses and children in their applications.  Applicants who are under 21 years of age can include their spouses, children, parents and unmarried siblings under the age of 18.  An immigrant who is granted a U Visa as a principal applicant or derivative beneficiary will receive lawful status and work authorization and potentially will be eligible to apply for lawful permanent residence, or a “green card”.

TPS

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TPS or Temporary Protected Status, is a form of relief that gives protection from removal to certain immigrants.  The facts of each case depend on whether one comes from certain countries who cannot be repatriated due to ongoing armed conflicts, environmental calamity or other extraordinary conditions. However, because the bases for TPS protection are considered temporary, certain countries may be removed and new countries may be added to the list. 


Immigrants with past or current TPS status should consult with an immigration attorney - unfortunately, the current administration of PresidentTrump has moved to eliminate nearly all previously qualifying nations from TPS protection.  We can help you determine if a TPS designation has been changed or other forms of applicable relief.


Work Permit

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Employment authorization documents, or work permits require careful preparation and submission.  Unfortunately, unscrupulous individuals such as many notarios take advantage of the misconceptions around work permits and exploit hard-working individuals. We help you with the process to ensure smooth and successful determinations. 

 

Work permits and employment authorization are ALWAYS tied to some other underlying immigration relief, such as some asylum applications, Temporary Protected Status, or Deferred Action for Childhood Arrivals (DACA), etc. As such, an immigrant cannot only apply for a work permit without  another underlying status or form of relief for eligibility - research our office has expertise conducting. 

We can determine both relief and work permit eligibility through representation of your case. 

Consular Processing: I-601/I601A Waivers

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Consular processing is a process by which a person can apply for lawful permanent resident status or a “green card” at a U.S. Consulate or Embassy in the home country.  The bases on which a consular processing application may be submitted include humanitarian programs, special classes of immigrants, employment and family.


We can identify the specific facts of your case that will determine the success of your consular processing application.  


Consular processing presents certain risks for undocumented immigrants, which must be considered prior. In fact there are penalties for unlawful presence in the United States triggered once you exit for your interview in your country of birth.  These penalties include being barred from returning to the United States for a period of up to 10 years even if your application for permanent residence is approved.  We can help identify waivers that may apply to your case to expedite your case.  Indeed, certain individuals, such as spouses and children of U.S. citizens or lawful permanent residents, may be eligible to apply for waivers before having to exit the United States.


We can discuss the facts of your case in order to ensure that your LPR application is appropriate and well-prepared. 

Complex Cases with USCIS: NOID and RFE's

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USCIS correspondence should be taken seriously - consult with an attorney when you receive any mail from USCIS. We help you understand the USCIS letters, requests and notifications so you can have peace of mind with your case. We can effectively prepare your response so your case has the best chance of success. 

Immigration Court

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If you have been placed in removal proceedings before the Immigration Court it is imperative that you consult with an immigration attorney as soon as possible.  There are many issues to consider with respect to your Immigration Court case, including why you were placed in removal proceedings and what forms of relief you are eligible to apply for.


The purpose of removal proceedings is to determine whether you should be removed from the United States, or whether you should be allowed to remain in the country and, if so, in what status.  The specific facts of your case will determine what forms of relief are available to you in Immigration Court, including how long you have lived in the United States, whether you have certain relatives who are U.S. citizens or lawful permanent residents, whether you have a well-founded fear of being persecuted in your country of birth, and whether you have been convicted of certain crimes.   Any applications for relief must be well researched, well prepared and well argued.  Keep in mind that there will be an attorney for Immigration and Customs Enforcement, or ICE, in court whose primary job will be to convince the Immigration Judge that you should be removed from the United States.  As such, it is of the utmost importance that your attorney is competent and well versed in immigration law.


We are knowledgeable and experienced in removal cases and will thoroughly discuss your case with you in order to identify appropriate forms of relief and to advise you on the next steps.

Bond Hearings

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Rigorous preparation for bond hearings is critical to success. We effectively represent client in bond hearings, arguing for reasonable fees and reunification for loved ones.