Permanent Residence Through Employment
To become an immigrant based on a permanent employment opportunity in the United States, there is a multi-step process involving both the U.S. Department of Labor, the U.S. Department of Homeland Security, and sometimes the U.S. State Department. Some employment-based categories require an employer to petition for the employee. If an individual is a person with extraordinary ability they can self-petition without an employer.
Temporary Work Visas
In order to work in the United States, a foreign national must have an immigration status that allows for employment. The petition process and requirements depend on a variety of factors, including the foreign national’s citizenship, the type of work to be performed, the individual’s educational background and work experience, and whether the individual is inside or outside the U.S.
Naturalization & Citizenship
The general rule is that one can only apply for naturalization after he or she has been a Lawful Permanent Resident (LPR) for five years and has had continuous residence in the U.S. for the immediately preceding five years. In some exceptional cases, it is possible to obtain citizenship immediately after attaining LPR status without meeting the three year or five year requirement.
Writ of Mandamus
Green card, naturalization, and other applications pending with U.S. government agencies can be delayed for many reasons. Some long-delayed cases can be resolved by filing a lawsuit in Federal District Court against the agency to compel action. These types of suits are called “Writs of Mandamus.”
Waivers of Inadmissibility
An Application for Waiver of Grounds of Inadmissibility is filed by an alien in the event that an alien has been denied admission to the United States. Different sections of INA § 212 allow for the application of a waiver of inadmissibility. Some waivers must establish that a qualifying relative will suffer “extreme hardship” if the alien is not admitted.
Experience in Immigration Law.
We have filed hundreds of applications for many different types of immigration-related benefits and types of relief, both with the immigration agencies and the immigration courts. Our clients range from individuals to businesses and investors.
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If you have been served with a “Notice to Appear” in immigration court you will be required to appear in front of an immigration judge for a Master Calendar Hearing to determine what relief, if any, you will be requesting in court.
Family immigration can be as simple as filing an immigrant petition for a spouse, parent or child as an immediate relative. Often no complcated legal issues arise and the case is resolved quickly. But sometimes what starts out as a normal, straightforward case, becomes a tangled mess. Our job is to untangle that mess through the use of various legal tools. One example of a tangled mess is when your Adjustment of Status case has been pending with USCIS for years and you cannot seem to get a response from them to schedule your interview, or to make a decision after your interview. The rememdy in that instance may be a lawsuit in Federal District Court.
Temporary Work Visas
With limited exceptions, foreign nationals who want to work in the U.S. must be sponsored by an employer to work in a specific position. Similarly, employers who want to hire a foreign national must petition for the employee, seeking the appropriate immigration status based on myriad factors. Each immigration status that confers employment authorization is tied to a specific employer and carries specific limitations as to time in the U.S., work location, responsibilities, and benefits for spouses.
To qualify for asylum, an individual must demonstrate a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. Generally there is a one-year deadline to apply for asylum after entering the United States, but the deadline can be forgiven for some exceptional circumstances.
There are many different types of immigration waivers, ranging from the waiver of grounds of inadmissibility (I-601 & I-601A) to the I-212 Application for Permission to Reapply for Admission after Removal. There are also waivers of removal that are available only in immigration court proceedings such as the 237(a)(1)(H) waiver.