Immigration

LITIGATION

• Removal Proceedings
  • Removal proceedings are begun when the government issues a Notice to Appear (NTA).  The NTA is presented to an Immigration Judge who must decide whether to order you removed from the United States or allow you to remain.
• Deportation Defense
  • Once the client is in removal proceedings and the attorney is retained, the client will need a defense attorney that will represent him before the Immigration Judge.
• Bond Motions
  • At a bond hearing, the immigration judge will either set a bond or instead determine that the immigrant should not be eligible for bond.
• Political Asylum
  • Every year people come to the United States seeking protection because they have suffered persecution or fear that they will suffer persecution due to: Race, Religion, Nationality, Membership in a particular social group, or Political opinion. If you are eligible for asylum you may be permitted to remain in the United States.
• Motions to Reopen
  • A motion to reopen seeks to reopen proceedings so that new evidence can be presented and a new decision entered on a different factual record, normally after a further evidentiary hearing.
• BIA Appeals
  • When the client is in removal proceedings, the Immigration Judge must decide on the case. If the decision is not favorable to the client, an appeal may be available and it is filed before the Board of Immigration Appeals.

FAMILY-BASED IMMIGRANT VISAS

• Spouses of U.S. citizens, Children of U.S. citizens, and Parents of U.S. citizens who are over 21 may apply for family-based visas as immediate relatives.
• Marriage Interviews: The attorney will accompany the client to the interview with the USCIS officer.
• Other family based Immigrant Visas include the following preference categories:
  • 1st preference: Unmarried sons and daughters (over 21) of U.S. Citizens
  • 2nd preference: 2A Spouses and children (under 21) of persons lawfully admitted for Permanent Residence and 2B unmarried sons and unmarried daughters (over 21) of persons lawfully admitted for permanent residence
  • 3rd preference: Married Sons and Daughters of U.S. Citizens
  • 4th preference: Brothers and Sisters of U.S. Citizens

NATURALIZATION

• Naturalization is the process by which U.S. citizenship is granted to a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA).

BUSINESS VISAS

• L1-A (Intracompany transferee executive or manager): The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States.  This classification also enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one.
• H1-B (Specialty occupations or fashion models): The H1-B visa applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability.
• E-1 (Treaty Traders): The E-1 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States solely to engage in international trade on his or her own behalf.  Certain employees of such a person or of a qualifying organization may also be eligible for this classification.
• E-2 (Treaty Investors): The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business.  Certain employees of such a person or of a qualifying organization may also be eligible for this classification.
• P visas:
  • The P-1A classification applies to you if you are coming to the U.S. temporarily to perform at a specific athletic competition as an athlete, individually or as part of a group or team, at an internationally recognized level of performance.
  • The P-1B classification applies to you if you are coming to the United States temporarily to perform as a member of an entertainment group that has been recognized internationally as outstanding in the discipline for a sustained and substantial period of time.
  • The P-2 classification applies to you if you are coming temporarily to perform as an artist or entertainer, individually or as part of a group, who will perform under a reciprocal exchange program between an organization in the United States and an organization in another country.
  • The P-3 classification applies to you if you are coming temporarily to perform, teach or coach as artists or entertainers, individually or as part of a group, under a program that is culturally unique.
  • O-1 (Individuals with Extraordinary Ability or Achievement): The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.
  • R-1 (Temporary Religious Workers):  The R-1 visa is a foreign national who is coming to the United States temporarily to be employed at least part time (average of at least 20 hours per week) by a non-profit religious organization in the United States (or an organization which is affiliated with the religious denomination in the United States) to work as a minister or in a religious vocation or occupation.

EMPLOYMENT BASED

• EB-1 Priority Workers
• EB-2 Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability
• EB-3 Skilled Workers, Professionals, and Other Workers
• EB-4 Certain Special Immigrants
• EB-5 Immigrant Investor Program