Immigration                                    

We accept removal and non-immigrant and immigrant visa cases for throughout the U.S. and abroad. 

Notice:     If your friend, employee or family member has been detained by the Department of Homeland Security, then you should advise the individual not to sign a voluntary agreement to be removed or deported before speaking to an attorney.  The individual may be eligible to obtain a bond to be released and may have defenses to removal.  You will need to know this individual’s “A number” to assist the attorney obtain an immigration bond and to maintain contact with the individual.  Ordinarily the facility where the individual is detained will give you the A number if you ask.

We require all clients to complete a case evaluation form prior to accepting the case.   Click here to download the form. Immigration Case Evaluation Form.pdf

Types of non-immigrant cases accepted: 

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2. •     E, H-1B, H-2B, H-3, L, O, P, TN, S, T, and U
   

3. •J-1 waivers
   

4. •Temporary Protect Status 
   

An immigrant visa case involves the process to obtain lawful permanent residency. 

Common immigrant visa fact scenarios:

                 

1. 1.When the case is based upon marriage to a U.S. Citizen. 
   

2. The intending immigrant (“beneficiary”) can be undocumented or documented. 
   

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4. Scenario 1 - Spouse currently undocumented, did not enter with a visa and is not 245i eligible (Consular Processing).
   

5. If the spouse is undocumented and did not enter with a visa, then the spouse will have to leave the United States to obtain residency at a U.S. Consulate abroad.  These cases are complicated and require an extensive evaluation of the merits of the case including the hardship to the U.S. spouse if the immigrant is not granted the visa, the immigrant’s travel record to and from the U.S., the finances of the family, any criminal or immigration his of all parties and special circumstances in the case.  In most circumstances these cases will only be accepted where the couple has been married or together for a substantial period, there is no or minimal criminal history, no removals, and the couple has good tax records and possible special circumstances that would merit favorable
   

6. consideration by the immigration authorities.  A special circumstance might be that the U.S. spouse is dependent on the immigrant for healthcare needs.
   

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8. Scenario 2 - Spouse undocumented, did not enter with a visa but 245i eligible for adjustment of status in the U.S.
   

9. Same fact scenario as before, but the spouse is eligible to adjust status in the U.S. under section 245i of the Immigration and Nationality Act (“245i”).  Generally to be eligible to adjust status under 245i, a Form I-130 or Application for Permanent Labor Certification, DOL for ETA 750 A&B must have been filed on his/her behalf prior to April 30, 2001 and the spouse must have been present in the United States on December 20, 2000, and the filing must have been approval when filed.
   

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11. Section 245i does not overcome other bars to admissibility such as the permanent, criminal, health related or bars relating to prior deportations.
    

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13. Scenario 3 - spouse of U.S. citizen entered on visa, overstayed and never departed the U.S. after accruing unlawful presence.
    

14. These people may be eligible to adjust status as long as they have not triggered other bars such as the permanent or criminal bars.
    

2. 2.When the intending immigrant has an approved I-130 or  I-140 and the case has a current priority date.   
   

1. These cases may involve consular processing or adjustment of status.  If the case is 245i eligible, then the beneficiary may be able to adjust status in the United States.  As certain categories take up to 15 to 20 years to have a current priority date, many of these beneficiaries will be eligible to adjust status in the U.S. if they are living her undocumented as long as the beneficiary is not subject to other bars of admissibility. 
   

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3. Click here for help to determine if you priority date is current.