Skip to content

Practice Areas

Practice Areas

FAMILY IMMIGRATION

Adjustment of Status (Green Card)

Adjustment of Status (AOS) is the process of applying for a Green Card to receive permanent residency in the United States. Some of the more common bases under which one can adjust their status to permanent residency are: 

Family based AOS:

US Citizens and Permanent Residents can petition the USCIS (United States Citizenship and Immigration Services) to bring their family members to live permanently in the United States. Immediate relatives of US citizens do not have to wait for a visa number to obtain an immigration visa. Immediate relatives include:

  • Spouses
  • Parents and 
  • Unmarried children of US citizens under 21 years of age

Adopted children also qualify as immediate relatives. If any of these relatives are already present in the United States, depending on individual circumstances, they may not have to return to their countries to apply for an immigration visa at the respective US embassy in their home country. 

Other family members of US citizens and permanent residents can also petition to bring them to live permanently in the United States. However, these family members have to wait for a visa number to be available before they can obtain one to emigrate under the family preference category. They include: 

  • Unmarried adult children of citizens, along with their minor children
  • Spouses and minor children of lawful permanent residents
  • Unmarried adult children of lawful permanent residents
  • Married children of citizens, along with their spouses and minor children
  • Siblings of adult citizens, along with their spouses and minor children

Refugees and asylees can also petition the USCIS to bring their spouses and unmarried children under 21 years old under the derivative petition for asylum and refugees. There is no waiting period for a visa under this category. 

Asylum/refugee based AOS:

Asylees and refugees admitted into the United States are eligible to adjust their status to that of Permanent Resident exactly ONE YEAR after they are admitted as refugees or asylees. Although there is no deadline to adjust their status, there is, however, a strong incentive to do so because being a refugee or asylee is not considered a permanent status. 

Adjustment of status under this category requires neither a waiting period for a visa number to receive a Green Card, nor meet the financial requirements to show that he/she will not be a public charge. 

ASYLUM

Asylum is an immigration relief available to you if you can demonstrate that you are unable or unwilling to return to your country of nationality or last habitual residence due to past persecution or fear of future persecution based on:

  • Race
  • Religion
  • Nationality or
  • Membership in a particular social group, or political opinion.

The process involves preparing and filing an I-589 Application for Asylum and for Withholding of Removal with the USCIS in most cases. If you have already experienced or are fearful of future persecution on the basis of ANY of the above grounds, our law office can evaluate your claim and help you with the process.

The initial evaluation of the asylum claim is made by an AO (Asylum Officer) in the respective asylum office in your jurisdiction. This involves interview of the applicant by the AO, review of the asylum application and statement in its support, along with any evidence including, documentation, affidavits, etc. 

The decision of the asylum office with regard to your case is not made on the same day. Most asylum offices take at least two weeks or longer to make a decision on your case. AOs provide direction as to how and when the decision will be rendered at the end of the interview. 

If the asylum application is approved, the applicant is:

  1. Allowed to remain in the country indefinitely unless barred by any other federal law. 
  2. The asylee is allowed to petition to immediately bring their spouse and minor children 
  3. Asylees and derivative asylees can file a petition to adjust their status to Permanent Resident exactly ONE YEAR from the date they became asylees. 

DERIVATIVE ASYLUM

Derivative asylum is granting of asylum to an immediate family member of an individual whose asylum petition is granted by the US government. Immediate family include the asylee’s spouse and children under the age of 21. It must be noted that the age limitation is calculated at the time the asylee files his initial application and NOT when derivative petition is filed. Derivative petition, however, is time-barred, meaning it must be filed within 2 years of the grant of asylum. 

Derivative asylum can be granted to immediate family members who are already in the country or, to family members who are abroad. Those who are abroad must go through the consular processing.    

US CITIZENSHIP/NATURALIZATION:

Naturalization is the legal process of obtaining U.S. citizenship for qualified Permanent Residents of the United States. Naturalized citizens enjoy all the rights and privileges of natural-born citizens, including the right to vote, serve on a jury and participate in government and the political process.

Following are the general steps that an applicant has to follow to become a naturalized US citizen:

  1. Prepare and submit the form N-400 Application for Naturalization along with your application fee. 
  2. Complete all bio-metrics requirement
  3. Take the citizenship test and attend an interview with USCIS. The test and interview assesses your English language ability and knowledge of U.S. history and government, and determines wether you meet all of the requirements to be eligible for a grant of US citizenship. 
  4. If you pass the test, you become a US citizen by swearing an Oath of Allegiance to the United States at a formal ceremony where you will be granted your US citizenship certificate.
  5. If you fail the citizenship test, you can reapply when you think that you are ready to take the test again. 

EMPLOYMENT IMMIGRATION:

 

Employment-based (EB) visas are issued to different types of employees in five different categories defined by U.S. immigration law. These visas are immigrant visas as opposed to temporary, non-immigrant visas, meaning that the holder of an EB Visa can live and work in the United States on a permanent basis. The five preference categories are as follows:

  • EB-1 – This visa is for workers of extraordinary ability in the sciences, arts, education, business or athletics. This category also includes individuals who are outstanding professors or researchers, as well as multinational managers or executives.
  • EB-2 – The EB-2 category is for professionals holding an advanced degree (beyond a Bachelor’s) with at least five years of progressive experience in the profession, as well as persons of exceptional ability in the sciences, arts or business.
  • EB-3 – This category includes skilled workers and professionals as well as unskilled workers. An unskilled worker is a person capable of filling a position that requires less than two years of training or experience.
  • EB-4 – Certain special immigrants may apply for a visa in the EB-4 category, including broadcasters, religious workers, and certain people who worked abroad for the U.S. government or aided the U.S. armed forces in certain missions.
  • EB-5 – This last preference category is for immigrant investors infusing capital into new commercial enterprises in the U.S. which will create jobs. Investors may also immigrate under an E-1 or E-2 investor visa.

GREEN CARD THROUGH CANCELLATION OF REMOVAL: 

Cancellation of removal is a relief available to both Permanent Residents and THOSE WITHOUT ANY LEGAL STATUS facing deportation in United States. If the relief is granted, an individual without any legal status can obtain PERMANENT RESIDENCY (Green Card).

For the relief to be granted, a Non-permanent Resident must establish that he/she:

  1. has been physically present in the United States for a continuous period of 10 years 
  2. has been of good moral character during the 10-year period
  3. has not been convicted of certain criminal offenses, and 
  4. that removal would result in exceptional and extremely unusual hardship to US citizen or lawful permanent resident family members.

The immigration judge has discretion to grant or deny cancellation or removal applications. In determining whether cancellation is warranted, the judge may consider the length of residence in the United States, family and communities ties in the United States and community service work, among other things.

GREEN CARD THROUGH VIOLENCE AGAINST WOMEN ACT:

Under the federal Violence Against Women Act (VAWA), you may be eligible to become a lawful permanent resident (get a Green Card) if you are the victim of battery or extreme cruelty committed by:

  • A U.S. citizen spouse or former spouse;
  • A U.S. citizen parent;
  • A U.S. citizen son or daughter;
  • A lawful permanent resident (LPR) spouse or former spouse; or
  • An LPR parent.

If your petition is approved and you meet other eligibility requirements, you may be eligible to apply to become a lawful permanent resident. If you are a victim of battery or extreme cruelty, we can represent you and assist you in obtaining permanent residency. 

WAIVER OF INADMISSIBILITY:

Foreign nationals can be barred from or rendered inadmissible into the United States for
reasons such as:

  • Criminal convictions
  • Prior immigration violations
  • Health-related grounds of inadmissibility
  • Public-charge issues etc.

These individuals (immigrants and non-immigrants) have rights under US immigration law to seek a waiver of their inadmissibility. We can assist with both immigrant and non-immigrant waivers of inadmissibility. Waiver applications are complex, and we work with each client to develop a customized strategy for his or her case, taking into consideration their unique circumstances in order to prepare the strongest possible application.

DEPORTATION/REMOVAL DEFENCE

An alien who enters or remains in the US unlawfully or being charged with immigration or criminal violations can land him/herself in deportation/removal proceedings. Such aliens are issued an NTA (Notice to Appear) to appear in front of an Immigration judge to initiate the removal proceedings. However, an alien can seek relief from removal if he is eligible for these relief. 

Lhachoepa Law Office can spend more time with you and discuss what types of relief may be available to you based on your circumstances.  The following are some types of relief from removal that may be available to you if you or your loved ones are served an NTA for deportation proceedings. 

Family-based adjustment of status:

You can adjust your status to a lawful resident through the family-based adjustment of status if you are eligible and meet other requirements. Generally, it is required that you must have entered the U.S. legally to qualify for adjustment. However, some exceptions to the legal-entry requirement are available.

Asylum:

 This is a form of protection for people who have fled persecution or fear future persecution in their home country. A grant of asylum allows legal status in the U.S., a work permit, and eventually a Green Card. See under Asylum for more details.

Withholding of removal:

The basis for seeking this relief is same as asylum in many ways. However, it is more difficult to be granted because you have to show that it is “more likely than not” that you would be persecuted in your home country upon return. Moreover, it provides fewer benefits than asylum.

Protection under the Convention Against Torture (CAT):

Relief from removal is granted only if it can be shown that it is “more likely than not” that the government of the applicant’s home country—or some person or group the government cannot control—will torture that person. Unlike asylum, it does not matter why you would be tortured; the fact that “it is likely that you would be tortured” would be enough. However, this relief gives only limited benefits. 

Cancellation of removal for persons who are not lawful Permanent Residents:

This relief is a way of obtaining a Green Card if you can prove ten years’ physical presence in the U.S., and can also show that your being removed would cause “exceptional and extremely unusual hardship” to your “qualifying relative” (a spouse, parent, or child who is a U.S. citizen or permanent resident).

Cancellation under the Violence Against Women Act (VAWA):

Similar to cancellation of removal for non-permanent residents, an applicant for VAWA cancellation must show that he or she has been “battered or subjected to extreme cruelty” by a “qualifying relative” and meets other requirements, including three years of physical presence in the U.S. and good moral character.

DEPORTATION APPEALS:

If you are ordered deported by an immigration judge, you can file an appeal against that decision with the BIA (Board of Immigration Appeals). The BIA reviews the decision of the immigration judge and how the law was interpreted. The appeal must be filed timely – within 30 days of the immigration judge’s decision. If the appeal is properly filed, the removal order is automatically stayed during the pendency of the appeal with the BIA. 

Our law offices handle appeals to the BIA of final deportation from an immigration judge. If you have received a final deportation order, since time is of the essence, you must contact us right away so that a Notice of Appeal can be filed in time with the BIA. 

Fianc(é)e Visa

The K-1 visa allows a U.S. citizen to sponsor their fiancé to come to the United States. Both partners must have the intention to get married within 90 days after the sponsored fiancé arrives in the United States from abroad. The newly married spouse can then apply for permanent residence (a “Green Card”) based on marriage.

To Be eligible for a K-1 visa, the following basic requirements must be met:

  • The sponsoring partner must be a US citizen
  • Both partners must be eligible to marry
  • Evidence must exist of a legitimate relationship between the partners
  • Evidence must be shown that the partners had met at least once in person
  • There must be a statement of intent to get married within 90 days of the sponsored fiance’s arrival in the US
  • Income requirement must be met by the sponsoring partner

ICE DETENTION AND BOND HEARING:


Any alien who is arrested or detained by ICE may not be released without first securing an immigration bond from an immigration court judge. It is very important to the defense of a deportation case for the individual to be out of detention pending removal
proceedings. Therefore, it is essential to have a capable immigration attorney who can
represent you at a bond hearing.

Our law offices will review the facts and argue in favor of granting bond to the detainee.
Upon securing the release, we would then represent the client in any subsequent immigration hearing or to explore any other relief that may be available.

NON-IMMIGRANT VISA:

The United States grants many types of non-immigrant visas to those who intend to visit the country.  Following are some of the types of nonimmigrant visas:

H-1B Visas

H-1B visas authorize the temporary employment of qualified individuals who would not otherwise be authorized to work in the United States. The H-1B program was developed for employers seeking to hire non-immigrant aliens as workers in specialty occupations or of distinguished merit and ability. The purpose of the H-1B provision is to assist employers unable to find U.S. employees with the required skills and abilities. Workers hired on H-1B visas are only allowed to work in this country temporarily — initially for 3 years with the possibility of a 3-year extension. Additional extensions may be possible under certain circumstances.

L-1 Visas

Employers who want to qualify for an L-1 visa application must have a qualifying relationship with a foreign company — be it as a parent company, branch office, subsidiary, or affiliate. Collectively these are referred to as qualifying entities or qualifying organizations. There are several ways in which a corporate relationship can be proved to the U.S. government. For one thing, the new employer of the U.S. office must have had previous employment for a one year period (365 days) as a manager, executive, or worker with specialized knowledge in the foreign entity. For another, he or she must continue working in a U.S. office under the ownership and control of that company. Evidence the government may require as proof of the individual’s and the company’s status includes: business licenses, annual reports, and articles of incorporation. In addition, the employer must be able to prove that adequate physical space has been obtained to house the U.S. office of the company, such as a lease, bill of sale, or mortgage.

F-1 Visas

An F-1 visa is a non-immigrant visa for individuals who wish to study in the U.S. If you are a citizen of another country, you must apply for an F-1 visa before entering a U.S. university, college, high school, private elementary school, conservatory, language-training program, or other academic institution. There is a time restriction on an F-1 visa which allows the student to remain in the U.S. only for as long as he or she is enrolled in the designated academic program (which may involve renewals of the student visa). Once the academic program ends, the individual has 60 days to remain in, and prepare to leave, the United States.

E-1 Visas

The E-1, another non-immigrant visa, is also known as a treaty trader visa. It allows foreign nationals of a nation with which the U.S. maintains a treaty of commerce and navigation to enter into the U.S. in order to carry out substantial trade. For the purposes of the E-1 visa, “trade” includes commercial transactions in goods, services, and technologies for industries such as banking, insurance, transportation, communications, tourism, advertising, accounting, and design and engineering.

Substantial trade refers to a continuous flow of large amounts of international trade involving numerous transactions. While there is no minimal monetary value demanded under the law, the government evaluates such visas partially in terms of the amounts of money involved. Over the long run, however, more importance is placed on the number of transactions than on the value of each. Principal trade between the United States and the treaty country is considered to exist when over 50 percent of the total volume of international trade is between the U.S. and the trader’s treaty country. 

O-1 Visas

In order to obtain an O-1 visa, you have to be able to prove exceptional ability in your field. The O-1 visa has been established to expedite travel and residence in the U.S. for individuals recognized as notables in their field of endeavor. There are two types of O-1 visas, A and B.

O-1A Visas are given to outstanding achievers in education, business or athletics (not the performing arts). Your exceptional status may be evidenced by an international prize or award (like the Nobel Prize), membership in an association of outstanding achievers, or publication of a recognized work of major significance in art, science, business, or another area of scholarly research.

O-1B Visas are given to individuals with extraordinary ability in the arts, including the film or television industry. To obtain and O-1B visa you must be able to show that you are essential to the completion of a particular performance that cannot be readily performed by a U.S. worker.

The amount of remuneration you generally obtain for your services may feature in the decision as to whether you qualify for an O-1 visa. There are other O visas (2 and 3) available to those who accompany such experts as assistants or as close family members.

R-1 Visa

An R-1 visa is granted as a short-term visa to those who have been offered jobs as religious workers in the U.S. A designated religious worker may be a priest, rabbi, minister, Buddhist monk, an imam or anyone ordained in a recognized religion. There is also a subcategory of religious workers that includes missionaries, cantors, religious counselors or translators, fundraisers, and others who come under the umbrella of an organized religion.

The visa, once granted, is valid for as long as the religious worker works for the employer who sponsored him or her. If the individual leaves that job, he or she must apply for another type of visa. R-1 visas are typically granted for up to 30 months with possible extensions of up to a total of five years. Interestingly, the worker granted an R-1 visa can travel in and out of the U.S. with impunity as long as the visa is valid, and time spent out of this country is not counted as part of the restricted U.S. residency.

B-1 Visa

The B-1 non-immigrant visa is intended for individuals who want to remain in the U.S. for a specific activity and for a limited period of time. In order to obtain a B-1 visa, you will have to be able to substantiate your claim that you will only stay in the country for a maximum of six months and that you have definite plans to return to your country of origin. Such evidence may include: a ticket for return travel, property ownership, close family ties to your home country, documentation that your purpose for being in the U.S. is of limited duration or evidence that you must return home for some significant event. In order to obtain a B-1 visa, you must also prove that you have sufficient funds to sustain you for as long as you remain in the U.S.