U.S. Citizenship and Naturalization is the greatest benefit for an immigrant who has migrated to the United States.
Family-Based Adjustment of Status
Removal of Conditions for Conditional Residents
Fiancé(e) Visa
Asylum
Special Immigrant Juvenile Status (“SIJS”)
U-Nonimmigrant Status
Violence Against Women Act (VAWA)
T-Visa
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Mentorship service for practicing or aspiring immigration attorneys to better understand the legal tribulations of immigration law.
U.S. Citizenship and Naturalization is the greatest benefit for an immigrant who has migrated to the United States. Still, before becoming a U.S. citizen, an immigrant must meet certain requirements including having been a legal permanent resident for at least 5 years, abided by travel restrictions, filed taxes (with exceptions), have good moral character, know English (with exceptions) and have basic knowledge of U.S. history (with exceptions). The most important of these elements is to be a legal permanent resident. Immigration law is very limited in how to obtain legal permanent residence in the United States. Below we have outlined some forms to obtain immigration status. Still, when discussing citizenship and naturalization, our attorneys assess whether an immigrant may already be a U.S. citizen through “acquisition” or “derivation” of citizenship from their parents. This means that in certain circumstances, an immigrant may have been born with a claim to U.S. citizenship or may have developed a claim to U.S. citizenship through their parents. This requires a complex analysis that our attorneys are prepared to undertake. Please consult with our attorneys if you believe you may have a claim to citizenship.
Family-Based Adjustment of Status: Family-based immigration is where a U.S. citizen or legal permanent resident petitions for qualifying family members (i.e. spouses, parents, children, and sometimes step-children) to enter the United States to reside permanently. Family petitions place family members on a path to U.S. citizenship. The qualifying relationships are very specific and there are other considerations before filing a family petition. If a family petition is approved, it places the beneficiary on a path to legal permanent residence and eventually, citizenship. Each of these steps requires an independent analysis for eligibility. Please consult with our experienced attorneys before moving forward on a family-based petition.
Removal of Conditions for Conditional Residents: When a U.S. citizen files a marriage-based petition before the second anniversary of his or her wedding, the immigrant spouse is applying for a conditional green card. Those conditions last for two years and then before the status (conditional green card) expires, the immigrant spouse must remove the conditions or risk being placed into removal proceedings. These conditions are very strict and should be abided by very carefully. However, once the conditions are removed, the immigrant becomes a legal permanent resident. After due time and some considerations, an immigrant will be eligible for citizenship. For a full explanation of the conditions, risks, and benefits, please consult with our experienced attorneys before moving forward on an application to remove conditions of a conditional green card.
Fiancé(e) Visa: Many times U.S. citizens travel abroad and meet partners with whom they want to get married, but wish to get married in the United States for any myriad of reasons. For people in these circumstances, there is a fiancé(e) visa. The fiancé(e) visa allows for an intending immigrant to enter the United States and upon marriage to a U.S. citizen, allows the immigrant to obtain a conditional green card (discussed above). The general requirements for fiancé(e) visas are that the couple have met at least once within the previous two years before the engagement and that both people are free to marry. There are exceptions to having to meet in person in cases where arranged marriages are traditional or for any other religious exceptions. There are also financial obligations which must be taken into consideration. The fiancé(e) can be a great option for LGBT+ couples where the intending immigrant lives in a country where same-sex marriage is illegal or societal taboo. For a full analysis of your particular situation, please consult with our experienced attorneys before moving forward on a fiancé(e) visa application.
Asylum: Asylum may be a form of relief for individuals who have suffered persecution or other forms of harm in their home country on account of their race, religion, nationality, political opinion, or membership in a particular social group. There are several other factors to consider when deciding whether a person should apply for asylum. Our attorneys have successfully represented clients throughout the entire asylum process, whether it is affirmatively with the United States Citizenship and Immigration Service (“USCIS”) or defensively before the Executive Office of Immigration Review (“EOIR”), immigration court. Obtaining asylum places an immigrant on a path to legal permanent residence and eventually, citizenship. Each of these steps requires an independent analysis for eligibility. Please consult with our experienced attorneys before moving forward on an asylum application.
Special Immigrant Juvenile Status (“SIJS”): SIJS is a form of immigartion relief for immigrant youth under the age of 21 (in NY), who are unmarried, are dependent on a state court by virtue of juvenile proceedings, who have been abused, abandoned, neglected, or “other similar basis under state law” by one or both parents, and lastly, whom it is not in their best interest to be returned to their home country. This is a multi-faceted process, requiring navigation through state court (i.e. family court), before USCIS, and possibly immigration court if the juvenile is in deportation proceedings. Obtaining SIJS places an immigrant youth on a path to legal permanent residence and eventually, citizenship. Each of these steps requires an independent analysis for eligibility. Please consult with our experienced attorneys before moving forward on a petition for Special Immigrant Juvenile Status.* *Our attorneys are admitted to practice law in New York State only. Otherwise authorized to practice Immigration and Naturalization Law in all 50 States and US Territories pursuant to 8 USC 1292.1.
U-Nonimmigrant Status: U-Nonimmigrant Status, commonly referred to as “U-visa” is a form of immigration relief available to immigrants who have been the victims of “qualifying crimes” within the United States. “Qualifying crimes” refers to a list of crimes that the U.S government has determined make an immigrant eligible to apply for a U-visa if they are a victim. Some commonly suffered crimes are domestic violence, felonious assault, extortion and sexual abuse However, being a victim alone, does not make an immigrant eligible to apply. An immigrant must obtain a certification from a law enforcement agency certifying that the immigrant was helpful in investigating the crime. This does not mean there must be an arrest, but the immigrant must be helpful and cooperative with law enforcement. Obtaining a U-Visa places an immigrant on a path to legal permanent residence and eventually, citizenship. Each of these steps requires an independent analysis for eligibility. If you have been the victim of a crime and have reported the crime or are considering reporting the crime, please do not hesitate to contact our attorneys. We can help you navigate through the convoluted immigration process related to U-visas.
Violence Against Women Act (VAWA): VAWA is a form of relief for people (not just women) who have been the victims of domestic violence in the form of physical and/or emotional abuse by their U.S citizen or green card holding spouses. To be eligible for VAWA, generally, the immigrant must prove the spouse’s status, they must have had a bona fide relationship, and the immigrant was a victim of abuse, and the immigrant must be of good moral character. There are many ways to meet the requirements for VAWA. Further, obtaining VAWA status places an immigrant on a path to legal permanent residence and eventually, citizenship. Each of these steps requires an independent analysis for eligibility. Our attorneys have extensive experience with VAWA applications and are well-equipped to represent VAWA self-petitioners. Please consult our attorneys before moving forward on a VAWA petition.
T-Visa: A T-Visa is a form of immigration relief for immigrants who have been the victims of severe forms of trafficking within the United States. Similar to the U-Visa, there is a certification requirement by a law enforcement agency [for people over the age of 18] that states that the victim cooperated with reasonable requests in the investigation and prosecution of the trafficking. There is no certification requirement for minors. Lastly, the immigrant applying for a T-Visa must show they would suffer extreme hardship involving unusual and severe harm if removed from the United States. A T-Visa places an immigrant on a path to legal permanent residence and eventually, citizenship. Each of these steps requires an independent analysis for eligibility. Our attorneys are well-equipped to represent immigrants in T-visa petitions. Please consult our attorneys before moving forward on a T-Visa petition.
In cases where an immigrant has an employment authorization document or lawful permanent resident, they may find themselves needing to renew the document every certain amount of time. Depending on the category under which a person received their employment authorization, for example, they may need to renew their document every one or two years. In the case of a lawful permanent resident, a green card must be renewed every ten years. There are exceptions; also please refer to the “Removal of Conditions” section to understand why a two year green card cannot be renewed and instead requires additional steps. Our attorneys have much experience in document renewal and are more than ready to assist in such matters.
In an effort to ensure that everyone can get quality legal representation, our office makes itself available for mentorship and legal counseling services for practicing immigration attorneys. We understand the complexity of immigration law and have several years of experience. We also understand that immigration law fluctuates on a regular basis, and we are always up to date on the current policies in place and how they affect our jobs as attorneys. By obtaining our mentorship service, we can help you make informed decisions so that you can offer the best legal options to your clients. Our office specializes in removal defense, generally, as well as asylum and SIJS. If you have any questions regarding immigration and would like to collaborate, please feel free to contact our office.