Family Immigration

A foreign citizen seeking to live permanently in the United States requires an immigrant visa (IV). To be eligible to apply for an Immigrant Visa, a foreign citizen must be sponsored by an immediate relative who is at least 21 years of age and is either a U.S. citizen or U.S. Lawful Permanent Resident (that is, a green-card holder).

There are two types of family-based immigrant visas:

Immediate Relative – these visas are based on a close family relationship with a U.S. citizen, such as a spouse, child or parent. The number of immigrants in these particular categories is not limited per fiscal year.

Family Preference – these visas are for specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident (LPR). The number of immigrants in these categories is limited each fiscal year. 

U.S. citizens can file an immigrant visa petition for their:

— Spouse
— Son or daughter
— Parent
— Brother or sister

U.S. Lawful Permanent Residents can only file an immigrant visa petition for their:

— Spouse
— Unmarried son or daughter

Removal Defense (Asylum/Cancellation)

Removal defense involves representing and advocating for immigrants facing deportation from the United States. For many immigrants facing removal from the United States, the process involves appearing before an immigration judge in immigration court. Legal representation is the single most important factor in determining whether someone will win or lose their case. There are many collateral consequences once a person is placed into removal proceedings.

Asylum is a form of protection which allows an individual to remain in the United States rather than being removed and sent to a country of feared persecution. To apply for asylum in the U.S., individuals must obtain and complete the required application, form I-589, and submit it with the appropriate documents. U.S. immigration law requires that asylum-seekers apply for asylum within one year of arrival in the United States, unless they can demonstrate extraordinary circumstances for the delay or changed circumstances that significantly affect their eligibility for asylum. Recent changes to the Asylum process have increased the difficulty in which a person may qualify. Competent legal counsel should be undertaken accordingly.

Cancellation of removal is an immigration benefit whereby permanent residents and nonpermanent residents may apply to an immigration judge to adjust their status from that of deportable alien to one lawfully admitted for permanent residence, provided certain conditions are met.

The eligibility requirements differ between aliens who are lawful permanent residents and those who are nonpermanent residents. To be eligible for cancellation of removal, a permanent resident must show that he or she (1) has been a lawful permanent resident for at least five years, (2) has continuously resided in the United States for at least seven years and (3) has not been convicted of an aggravated felony. Nonpermanent residents must establish that he/she (1) has been physically present in the United States for a continuous period of 10 years (2) has been of good moral character during the 10-year period, (3) has not been convicted of select criminal offenses and (4) that removal would result in exceptional and extremely unusual hardship to US citizen or lawful permanent resident family members.

The immigration judge has discretion to grant or deny cancellation or removal applications. In determining whether cancellation is warranted, the judge may consider the length of residence in the United States, family and communities ties in the United States and community service work, among other criteria..

Business Immigration

Business immigration is the largest and most actively changing and evolving part of immigration law. Business immigration encompasses work visas, employment-based green cards, and permanent residence for some individuals. Some of the methods business immigration uses requires having a sponsoring employer (for example, H-1B or PERM). Investor and treaty trader business visas are also available.

Naturalization / Citizenship

Citizenship is a unique bond that unites people around civic ideals and a belief in the rights and freedoms guaranteed by the U.S. Constitution. 

Deciding to become a U.S. citizen is one of the most important decisions an immigrant can make. Depending on your situation, there may be different ways to obtain citizenship. 

— Naturalization is the process by which U.S. citizenship is granted to a lawful permanent resident after meeting the requirements established by Congress in the Immigration and Nationality Act (INA).

— Acquisition of citizenship is obtained through U.S. citizenship parents either at birth or after birth, but before the age of 18.