Family Immigration Law
I have guided hundreds of couples through the green card process over the years. Being involved from the beginning of your case can make your application process much easier. I can thoroughly explain what you should expect regarding the timing of your green card application process. I will also thoroughly prepare you for your green card interview and accompany you to the interview. If there are any requests for evidence from USCIS, I will respond to them without extra charges. I will do my best to keep your case on track from start to finish. I really enjoy representing newly married couples in their applications for green cards. You can be confident that I will remain committed to you and to your case through your obtaining your initial conditional residency, permanent 10-year green card and eventually US Citizenship.
Waivers of Criminal and Immigration Inadmissibililty Grounds in Family Immigration Cases
To establish a winning waiver case, I need to fully familiarize myself with facts of the case as well as all the potential hardships my clients may suffer were their family member deported away from them. This requires me to really empathize with my clients in order to fully understand their hardships. I am then better able to communicate these hardships to USCIS in the waiver application. There may also be legal arguments detailing why particular inadmissibility grounds may not even be applicable to the client’s case.
Non-Immigrant Visa Waivers
Every individual refused entry into the United States may be eligible for a non-immigrant visa waiver. This Waiver takes from four to eight months to be adjudicated by Customs and Border Patrol. The factors that CBP weighs in adjudicating the nonimmigrant visa waiver include the recency of the offending conduct and whether it is a criminal or immigration violation. Consular officers will also consider whether the applicant has immigrant intent. Showing that the person only wishes to enter the United States temporarily is the first hurdle which must be overcome in non-immigrant visa waiver cases. A strong showing of rehabilitation is often very helpful in successfully obtaining a nonimmigrant visa waiver.
The provisional waiver program allows immigrants who entered the United States without inspection and who are married to United States Citizens to file for a provisional waiver while remaining in the United States. Once the provisional waiver is approved, the immigrant travels abroad for consular processing with the necessary waiver approval in-hand. The U.S. consular processing of provisional waiver cases normally takes from two to four weeks in the home country. These cases can take many months to conclude but immigrants married to US citizens who have been living illegally in the United States for many years may finally be able to legalize their status through this program.
Becoming a United States Ccitizen is the culmination of many clients’ immigration journeys. It is very satisfying to finally see my clients become United States Citizens. I often handle applicants for Naturalization who have complicated immigration histories. I have experience handling appeals of denied naturalization applications. I have also filed Federal Court actions requesting the Federal Court to take jurisdiction over long pending naturalization case or to direct USCIS to finally adjudicate the long pending naturalization cases.
Removals of immigrants have been increasing under the current administration. Unless you have been previously deported or removed, you may qualify for relief from removal. Many immigrants can obtain relief from removal in immigration court proceedings from the Immigration Judge. Relief from removal can include adjustment of status, cancellation of removal, asylum, withholding of removal, and various applicable waivers. I represent both detained and non-detained clients in Immigration Court. I also handle requests for Rrelease on Bond for my detained clients.
As asylum cases are the most time-consuming cases, I am looking to represent only those applicants who truly have a well-founded fear of persecution. This well-founded fear of persecution can be based upon persecution that you have experienced in the past or based upon your well-founded fear of being persecuted in the future should you return to your country of origin. A successful asylum applicant must also show that they persecution that they have suffered or that they fear suffering is on account of a protected ground. The protected grounds include race, religion, nationality, particular social group, and political opinion.
H1B specialty occupations, L-1 intracompany transferees, O-1 aliens of extraordinary ability are all potential visas for the right employee. E-1 treaty trader and E-2 treaty investor visas may be available for non-immigrants investing and starting and/or expanding their own companies in the United States. Green cards are available for immigrants making very large investments in their own companies or in existing business entities that guarantee employment for at least ten US Citizens. In the current climate, companies are also being audited by Immigration and Customs Enforcement regarding their maintenance of I-9 forms. I can advise your company on properly maintaining I-9’s to ensure compliance with the law.