PRACTICE AREAS
The United States Court of Appeal for the Fifth Circuit
If you lose a case before the Board of Immigration Appeals, the next step is to file a petition for review in the U.S. Court of Appeals. A petition for review must be filed within 30 days of the Board’s decision. A petition for review involves the Court of Appeals reviewing the decisions of the Board of Immigration Appeals and the Immigration Judge for errors.
ASYLUM
Political asylum is granted by the U.S. government to people who can prove that they are afraid to return to their home country because they have a "well-founded fear of persecution." People may also be granted political asylum if they left their home country because they were persecuted in the past. If you win political asylum,you can apply for your "green card" (permanent residence). To win asylum because you are afraid of returning to your home country, you must appear at an initial hearing before a U.S. Citizenship and Immigration Services (USCIS) asylum officer, usually at a USCIS district office. If you application for asylum is denied, you may appeal to an immigration judge, and will have another opportunity to prove that your fear is "well-founded." please clieck here to learn more
REMOVAL PROCEEDING
Anyone who is physically present in the United States but is not a citizen of the United States can potentially be subject to removal proceedings. Removal proceedings in an immigration court are the government’s way of deporting a noncitizen from this country and forcing them to return to their country of nationality. Proceedings can be triggered by any number of things including criminal convictions and failure to maintain status.
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APPEALS (BIA)
When a person does not agree with the ruling of the immigration judge at the conclusion of their removal proceedings, they can appeal the decision to the Board of Immigration Appeals in Falls Church, VA. The skill of an experienced attorney is vital to winning an appeal before the BIA. On appeal, cases are evaluated based on legal arguments presented in the form of a written brief. An attorney must have a vast and detailed knowledge of immigration laws and immigration cases in order to make the best, most persuasive argument possible.
GREEN CARDS
If granted asylum, the alien can apply for lawful permanent residence (green card) after one year of continued stay in the country. Otherwise, an immigrant must go through a multi-step process to become an immigrant.
First, the USCIS must approve an immigrant petition for you, usually filed by an employer or relative.
Second, the State Department must give you an immigrant visa number, even if you are already in the United States.
Third, if you are already in the United States, you may apply for an Adjustment of Status to permanent resident status. (If you are outside the United States, you will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.)
NATURALIZATION and CITIZENSHIP
You can apply for U.S. citizenship after five years of employment-based residency or after three years if you obtained your green card through marriage to a U.S. citizen. We provide personalized service throughout the process:
- Filling out the N-400 application
- Providing documentation
- reparing clients for the citizenship test
- Attending the naturalization interview
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FAMILY BASED VISAS
I. Immediate Relatives
"Immediate relatives" of United States citizens may qualify for a visa under this category to immigrate to the United States. Visas are immediately available to individuals in this category, and there are no numerical or worldwide level limitations to the number of visas that may be issued in this category. An individual qualifies as an "immediate relative" if s/he is:
- A spouse of a United States citizen
- A unmarried child (under the age of 21) of a United States citizen or
- A parent of a United States citizen (provided that the citizen is at least 21 years of age.)
II. First Preference (FS-1)
If you are an unmarried son or daughter of a United States citizen and are 21 years of age or older, you may qualify for a visa under this category to immigrate to the United States.
III. Second Preference (FS-2)
If you are the spouse or unmarried son or daughter 21 years of age or older of a lawful permanent resident, you may qualify for a visa under this category to immigrate to the United States.
IV. Third Preference (FS-3)
The married sons and daughters of a United States citizen may qualify for a visa under this category to immigrate to the United States.
V. Fourth Preference (FS-4)
The brothers and sisters of a United States citizen (provided that the citizen is at least 21 years of age) may qualify for a visa under this category to immigrate to the United States.
VI. Fiancé (K-1) or Spouse (K-3)
The K-1 visa allows the fiancé' of a United States citizen to enter the United States to marry, then apply for legal permanent resident status. The marriage must occur within 90 days of entry. The K-3 visa allows the spouse of a United States Citizen to enter the United States and apply for legal permanent resident status. This category also has a derivative provision for accompanying children (under the age of 21) to also enter the United States and apply for legal permanent resident status.
OTHER VISA CATEGORIES
Business Visitor (B-1),
Tourist Visitor (B-2),
Academic Students (F-1),
Vocational Students (M-1),
Cultural Exchange Visitors (Q-1),
Violence Against Women Act (VAWA),
CRIMINAL ALIEN ISSUES,
ADJUSTMENT OF STATUS
Please click here to learn more.
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