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Immigration


ATTENTION: IF YOU ARE A NON CITIZEN FACING CRIMINAL CHARGES OR HAVE BEEN CONVICTED OF A CRIME, IT’S IMPORTANT TO CONSULT WITH AN ATTORNEY FOR ADVICE ON IMMIGRATION CONSEQUENCES OF CRIMINAL CONVICTIONS.

 

IMMIGRATION AND NATIONALITY LAW

 

Our law firm advises immigrants and their families about the effect criminal charges can have on your ability to remain in the United States.

Although the United States of America is a country of immigrants, immigration laws have become stricter and increasingly complicated. That’s why you need an immigration lawyer to help you sort it all out and advise you as to what your options are. As such, our legal team is dedicated to helping individuals, families and corporate clients complete their unique immigration issue as promptly and successfully as possible. Our legal services are available for the following matters:

Naturalization and Citizenship
The most direct path to living and working in the United States is to become a Citizen. Being a U.S. citizen provides you with more rights and privileges. Anyone who is born in the United States is a U.S. Citizen. U.S. citizens can file petitions for their parents, married children and siblings, in addition to their spouse and unmarried children. Most relatives of U.S. citizens take priority over relatives of lawful permanent residents–that is to say, the relatives of the U.S. citizens will be able to immigrate faster. Obtaining U.S. citizenship is often the ultimate goal of foreign citizens who have immigrated to America. In order to complete the naturalization process, applicants must meet numerous eligibility requirements and demonstrate their loyalty to the United States. If you have a criminal conviction, you may be barred from becoming a naturalized U.S. citizen. This may be true even though you are a lawful permanent resident (greencard holder), and even though your conviction happened a long time ago.

Family Based Immigration
Qualified foreign nationals can obtain permanent residency through family members who are either green card holders or United States citizens. There are many eligibility requirements, and applicants will be given visa preference categories according to their familial relationship and the immigration status of their family member.

Permanent Residency (Green cards)
Green cards are the official government document that gives foreign nationals the right to permanently reside in the United States. The most common way to become a permanent resident is through either having a family member petition or one of the employment based categories. Some individuals may also be eligible for permanent residency because they are victims of a crime or abuse, through asylum, or another category such as the Cuban Adjustment Act (only Cuban nationals are eligible).  Additionally, wealthy individuals may obtain a green card by investing $500,000 or more through the EB-5 investor green card program.

Employment Based Immigration
One of the primary pathways to obtaining permanent residency is through employment. By filing a petition, or having an employer file a petition on their behalf, foreign nationals can obtain immigration visas that will allow them to enter the United States and live and work in the country on a permanent basis.


Employment-Based Non-Permanent Residents (Nonimmigrants)

Certain eligible foreign workers can obtain nonimmigrant visas that will allow them to work in the United States for a temporary period of time. There are a number of different nonimmigrant classifications that are organized according to a worker’s job skills and industry.

Deportation and Removal Defense
Deportation and removal proceedings involve the formal expulsion of a non-citizen from the United States. Under U.S. immigration law, there are six main reasons why a non-citizen may face removal proceedings, all of which can be defended against by capable immigration attorneys. Our law firm advises clients faced with the potential of removal on any of the following grounds:

  • Expired tourist, student or employment visa
  • Failure to meet a deadline for a visa application or renewal
  • Unlawful entry or re-entry
  • Criminal arrest or conviction in the United States while here on a visa or illegally
  • Criminal arrest or conviction while visiting the country of origin after obtaining temporary or permanent residence in the U.S.
  • Violation of immigration status

Immigrant and Non Immigrant Visas
Visas are legal documents that permit foreign nations to enter the United States. They can be awarded as immigrant visas for permanent residents or nonimmigrant visas for foreign citizens who will be staying in the U.S. temporarily. There are also many various categories of visas, including student visas, work visas and others.

Visa Waiver Program
Certain foreign citizens may qualify for the Visa Waiver Program, which can allow them to enter the United States without having to undertake the visa application process. In order to qualify, applicants must be nationals or citizens of one of 37 participating countries.

Deferred Action for Childhood Arrivals (DACA)
On June 15, 2012, the Obama administration announced that certain young immigrants who were brought to the United States as children and educated here should be granted a temporary reprieve from deportation and given work authorization. For legal advice concerning eligibility for this program, please consult our office today.

Non Citizens Charged with a Criminal Offense

Allegations of a criminal offense can be devastating for anyone, but they are extremely detrimental for non-citizens. Depending on the circumstances involved, non-citizens accused of criminal charges may face detention and deportation proceedings.