Immigration Law

Citizen at birth

Have been born in the United States or certain territories or outlying possessions of the United States, and subject to the jurisdiction of the United States; or had a parent or parents who were citizens at the time of birth.

Naturalization

An individual who has been a permanent resident for at least 5 years and meets all other eligibility requirements; or has been a permanent resident for 3 years or more and meets all eligibility requirements to file as a spouse of a U.S. citizen.

A child may qualify for naturalization if one parent is a U.S. citizen, the child was born outside the U.S., the child is currently residing outside the U.S., and all other eligibility requirements are met.

Employment-based petitions and visas

Every fiscal year (October 1^st – September 30^th), approximately 140,000 employment-based immigrant visas are made available to qualified applicants under U.S. immigration law. Employment-based immigrant visas are divided into five preference categories. Certain spouses and children may accompany or follow-to-join employment-based immigrants.

The H-1B visa classification permits a foreign national to work in the United States for a temporary period. It is available for offers of employment in a specialty occupation. A person may hold H-1B status for a maximum of six years, and it may be issued in increments of up to three years by the USCIS. An employee may receive extensions of H-1B status beyond six years in certain circumstances.

Investor visas

The investor visa category includes treaty investors who come to the United States under a treaty of commerce and navigation between the United States and the country of which the investor is a citizen or national.

• Treaty investors (E-2) direct the operations of an enterprise in which they have invested, or are actively investing, a substantial amount of money.

See the U.S. Department of State's Treaty Countries for a current list of countries with which the United States maintains a treaty of commerce and navigation.

Asylum, Withholding of Removal, and protection under the Convention Against Torture (CAT)

If you fear returning to your home country because you or a family member were harmed in the past, or you are afraid of dangerous conditions in your country, you may qualify for relief from removal or deportation based on asylum or a related application.

Cancellation of Removal for Permanent Residents (Green Card holders)

If you have lawful permanent residency and are placed in removal proceedings, you may be eligible to avoid deportation and retain your permanent residency if you: (1) have held lawful permanent residency for at least 5 years at the time of filing; (2) have lived in the U.S. for at least 7 years since being admitted in any legal status; and (3) have not been convicted of a serious crime.

Cancellation of Removal for Non-Permanent Residents and Undocumented Individuals

If you do not possess permanent residency or any legal status and are placed in removal proceedings, you may be eligible to avoid deportation and obtain lawful permanent residency if you: (1) have lived in the U.S. for at least 10 years at the time you were placed in removal proceedings; (2) have a qualifying relative (U.S. citizen or LPR spouse, child, or parent) who would suffer exceptional and extremely unusual hardship if you were deported; and (3) are a person of good moral character and have not been convicted of a serious crime.

VAWA

VAWA allows an abused spouse or child of a U.S. Citizen or Lawful Permanent Resident, 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.

U Visa

Immigrant victims of certain crimes who have been helpful in a criminal investigation or prosecution may qualify for a visa that can lead to a green card.

If you are the victim of a violent or serious crime, determining which immigration category best matches your circumstances can be difficult. To determine the best option for your case, please contact us to schedule a consultation with one of our attorneys.

Special Immigrant Juvenile Status (SIJ)

Special Immigrant Juvenile Status (SIJ) provides protection and a pathway to lawful permanent residency for certain children who have been abused, abandoned, or neglected by one or both parents.

SIJ is available to unmarried individuals under 21 who are present in the United States and have a qualifying state court order finding that reunification with one or both parents is not viable due to abuse, abandonment, neglect, or a similar basis under state law. The court must also determine that it is not in the child's best interest to return to their country of nationality. The SIJ process involves both state court proceedings and an application with United States Citizenship and Immigration Services.

Waiver of Unlawful Presence in the U.S.

This waiver allows people immigrating as relatives of U.S. citizens and permanent residents, or immigrant visa applicants in other categories, to apply for a waiver of the three- and ten-year bars for unlawful presence before leaving the U.S.—instead of after leaving the U.S. to attend their consular interview.

An applicant who has, after age 18, accrued unlawful presence of 180 days or more is barred from returning to the U.S. for three years; applicants who have accrued unlawful presence of one year or more and then left the U.S. are barred from returning for ten years. An applicant who was denied an immigrant visa may be eligible to request a waiver if he or she has a U.S. citizen or lawful permanent resident spouse, fiancé, or parent who will experience "extreme" hardship if the immigrant applicant is denied admission.

Waivers of Certain Criminal Grounds of Inadmissibility

Green card applicants can be found inadmissible for a variety of other reasons, such as commission of crimes, fraud, or immigration violations; health problems; likelihood of becoming a public charge; and so on.

If you are inadmissible based on one of the grounds above, please contact us to schedule a consultation with one of our attorneys.

Appeals

If your case is denied by the Immigration Court or U.S. Citizenship and Immigration Services (USCIS), you have the right to appeal the decision to a higher-level office or court within 30 days from the date of the decision. The appeals office or court has the power to review the original decision and can ultimately reverse the decision or return your case to the lower agency or court for a new adjudication if the original decision contained factual or legal errors.

Writ of Mandamus

Is your immigration case delayed? A writ of mandamus is a court order issued by a judge at a petitioner's request compelling an agency to perform a duty it is legally obligated to complete. Writs of mandamus can be sought without completing the full judicial process or before a case has concluded.