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U.S. immigration law is complex, and there is much confusion as to how it works.
We can help you with:
- Family Immigration (green cards through marriage and other qualifying relationships)
- Business Immigration (temporary working visas, green cards through permanent employment, investor visas)
- Removal Defense (cancellation of removal, “criminal immigration” representation)
- Appeals of non-favorable decisions
In order to be admitted through the family-based immigration system, a U.S. citizen or LPR sponsor must petition for an individual relative, establish the legitimacy of the relationship, meet minimum income requirements, and sign an affidavit of support stating that the sponsor will be financially responsible for the
family member(s) upon arrival in the United States or adjustment to LPR status within the United States.
The individual relative also must meet certain eligibility requirements that include submitting to a medical exam and obtaining required vaccinations, an analysis of any immigration or criminal history, as well as demonstrating that they will not become primarily dependent on the government for subsistence.
Temporary employment-based visa classifications permit employers to hire and petition for foreign nationals for specific jobs for limited periods. Most temporary workers must work for the employer that petitioned for them and have limited ability to change jobs.
Refugees and Asylees
Refugees are admitted to the United States based upon an inability to return to their home countries because of a “well-founded fear of persecution” due to their race, membership in a particular social group, political opinion, religion, or national origin. Refugees apply for admission from outside of the United States, generally from a “transition country” that is outside their home country. Each year, the president, in consultation with Congress, determines the numerical ceiling for refugee admissions.
Asylum is available to persons already in the United States who are seeking protection based on the same five protected grounds upon which refugees rely. They may apply at a port of entry at the time they seek admission or within one year of arriving in the United States. There is no limit on the number of individuals who may be granted asylum each year, nor are there specific categories for determining who may seek asylum.
The Diversity Visa
Other Forms of Humanitarian Relief
Temporary Protected Status (TPS) is granted to people who are in the United States but cannot return to their home country because of “natural disaster,” “extraordinary temporary conditions,” or “ongoing armed conflict.” TPS is granted to a country for six, twelve, or eighteen months and can be extended beyond that if unsafe conditions in the country persist. TPS does not necessarily lead to LPR status or confer any other immigration status.
Deferred Enforced Departure (DED) provides protection from deportation for individuals whose home countries are unstable, therefore making return dangerous. Unlike TPS, which is authorized by statute, DED is at the discretion of the executive branch. DED does not necessarily lead to LPR status or confer any other immigration status.
Deferred Action for Childhood Arrivals (DACA) is a program established in 2012 which permits certain individuals who were brought to the United States under the age of 16 and who had resided continuously in the United States since June 15, 2007, to remain in the United States and work lawfully for at least two years, so long as they have no significant criminal record and have graduated high school or college or received a degree equivalent. It does not confer any path to permanent legal status and requires renewal every two years. In 2017, the Trump administration ended DACA, but due to a court order, individuals who had DACA before the program was ended are still permitted to renew their work authorization and protection from deportation.
Parole: Certain individuals may be allowed to enter the U.S. through parole, even though they may not meet the definition of a refugee and may not be eligible to immigrate through other channels. Parolees may be admitted temporarily for urgent humanitarian reasons or significant public benefit.