Immigration law is complicated. We handle the complicated issues for you so that you can focus on planning for the future. We represent clients in immigration courts and agencies nationwide and welcome national and international inquiries.
We invite you to check out some of our immigration practice areas below and contact us for a consultation.
Appeals, Motions to Reopen & Reconsider, and Requests for Evidence (RFE)
Every year, the United States government denies thousands of applications for immigration benefits. Often, these denials can be resolved by submitting a motion or appeal containing the appropriate legal arguments and, in some cases, additional evidence. In these cases, it is best to have an attorney research the issues and draft an appropriate response. There are strict filing deadlines so you should act immediately upon receiving the denial letter or RFE.
Asylum is available for those individuals that can adequately demonstrate a well-founded fear of persecution based on either race, religion, nationality, membership in a particular social group, or political opinion. The affirmative asylum process is an administrative-type process where a person who is not in removal proceedings can file an application package and appear at a non-adversarial interview. If the claim is rejected, the applicant will present his or her case at a trial in front of an Immigration Judge. If the individual is already in removal proceedings, he or she can file a defensive asylum application in Immigration Court with the presiding Immigration Judge. Unlike an affirmative asylum claim, the defensive asylum process skips the non-adversarial interview and proceeds directly to trial in Immigration Court. It is best to have an attorney at all stages, because he or she can recognize the legal and evidentiary issues and also provide competent representation at the interview and/or trial.
Business and Investor Visas
There exist multiple immigration options for overseas businesses and investors. Whether you are a Treaty Trader (E-1), Treaty Investor (E-2), Intracompany Transferee (L-1), or applying under the Immigrant Investor Program (EB-5), there are multiple pathways to become a temporary or permanent resident in the United States. The process of obtaining a business or investor visa is complex, posing numerous legal and practical hurdles. A qualified attorney will help you navigate these unfamiliar waters and assist you in achieving success in the United States.
The government issues a Notice to Appear (NTA) to individuals that it seeks to deport from the United States. The reasons for removal are stated on the NTA, and can include any of the following: (1) Entering the United States without proper authority; (2) Violating the terms of admission or working without permission; (3) Committing a crime that makes a person deportable; (4) Becoming a member of certain prohibited organizations; and (5) Becoming a public charge within the first 5 years of admission to the USA. These cases are decided by an Immigration Judge and are prosecuted by an attorney working for the Department of Homeland Security (DHS). It is best to have an attorney, because the nuances of the rules governing removal are complex and avenues for relief may be available. More importantly, DHS attorneys are not there to fight for your interests, so you should have an attorney that will.
The type of employment visa you apply for is dependent on a number of factors. Those individuals seeking permanent residence in the United States can apply under the EB category. Those individuals seeking non-immigrant temporary visas based on employment can apply under a few other categories with varying requirements. The employment visa process is multi-tiered and complicated; thus, it is advisable to seek counsel of an attorney.
Each year, the U.S. government allocates between 226,000 and 480,000 immigrant visas for certain family members of current U.S. citizens and permanent residents. The waiting period is determined by a combination of factors, including the nature of the relationship, the immigrant status of the petitioning relative, country of origin, and the number of available visas. An Immediate Relative of a U.S. citizen can obtain a green card within months, while a ÂQuota-Subject Relative will have to wait in line based on the status of the monthly immigrant visa bulletin. These two categories are discussed below. Since each category has very specific legal and evidentiary requirements, it is recommended that you seek an attorney.
Other Temporary Non-Immigrant Visas
Temporary non-immigrant visas allow individuals to enter the USA for a certain time period and for a specific purpose. There are dozens of categories, but the most common include: business visitors (B-1), visitors for pleasure or medical treatment (B-2), academic or language students (F-1), fiance/fiancee of a U.S. citizen (K-1), spouse of a U.S. citizen (K-3), persons of extraordinary ability (O-1), ministers/religious workers (R-1), and certain Canadian and Mexican professionals.