Attorney Profiles

Immigration lawyers provide guidance and advice for immigration matters like citizenship and naturalization, green cards, visa applications and employment for non-citizens (sometimes called “work visas”). Immigration lawyers also tackle deportation issues and are well-versed in national immigration statutes, regulations and legal precedents.

You may need an immigration lawyer if you are dealing with a matter involving the interaction between immigration and criminal laws or are an employer needing to navigate the complex immigration system to hire a foreign national. Immigration lawyers handle issues like citizenship and naturalization, green cards, visa applications, employment for non-citizens and deportation issues. An immigration lawyer can be beneficial because they are well-versed in current national immigration statutes, regulations and legal precedents.

Yes. Immigration lawyers know the current laws, statutes and regulations, and can help you through the process of getting your green card. A green card, also known as a permanent resident card, is a U.S. identity document that shows a person has permanent residency in the county. Anyone who has a green card is referred to as a lawful permanent resident. Sometimes the road to lawful residence requires navigating a complex maze of statutes, regulations and policies, which may need guidance from a skilled immigration lawyer.

On average, the wait time for the naturalization (citizenship) application process is about 8-12 months (depending on where you live), but the overall process involves more steps and can take anywhere from 1 to 3 years. You must first process your Application for Naturalization and attend a biometrics meeting. From there, you will wait for the citizenship interview and take a citizenship exam. Then, you will need to wait for a final decision on your application. The final step is to take the Oath of Allegiance and receive your Certificate of Naturalization.Sometimes you may be able to avoid this process but it takes a skilled immigration lawyer to make this determination.

If you marry a U.S. citizen, you do not automatically become a citizen yourself. As the spouse of a U.S. citizen, you are referred to as an “immediate relative” under current immigration law. But marriage is just the beginning of the immigration journey. Your spouse must start the green card process by submitting a visa petition to the United States Citizenship and Immigration Services (USCIS). The form requires evidence of the legal marriage (a marriage certificate) as well as proof that the marriage is legitimate and not simply a ploy to get a green card. After this first petition is approved, the foreign national spouse will then need to follow the process to apply for and receive the green card.

Children born in the United State or one of its territories will receive American citizenship automatically, even if the parents are citizens of another country. It is known as “birthright citizenship” and currently protected by the 14th Amendment to the U.S. Constitution, which states: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”. Sometimes children born outside of the U.S. may also become U.S. citizens but certain procedures must be followed timely.

There are several reasons why a person may face deportation or removal, including violating laws, criminal charges or staying past your visa expiration date, just to name a few. In any case, it’s important to seek the counsel of an experienced immigration attorney who can help you find the best way to remain in the United States. An immigration lawyer can be beneficial because they are well-versed in current national immigration statutes, regulations and legal precedents to present your case before the Immigration Court or Immigration Judge.

A United States work visa allows foreigners to go and work temporarily in the U.S. for a specified period. It does not allow individuals to work in the U.S indefinitely or permanently. Applicants must fulfill a list of requirements and submit documents to be eligible to apply for a temporary work visa. Most candidates must be sponsored by an employer and the company must navigate the complex immigration rules to determine the best classification.

A work visa is valid for varying time frames. Most are valid for at least 3 years. But some are valid only in 1, 2, or 3 year increments. Because work visas are governed by statutes, treaties, and regulations, it is helpful to have an immigration lawyer guide you and/or your employer through the process.

Most times, when someone refers to a “work visa’, the employer or candidate is usually referring to a specific letter based classification (e.g., H-1B, L-1A, E-2, etc.). Most times, these work visas requires the employee to have a sponsor/employee relationship. An Employment Authorization Document (EAD) is a work authorization card that is issued because the candidate meets certain requirements. For example, a F-1 student who graduates from a university in the U.S. is often permitted Optional Practical Training (OPT) status, which is presented on an EAD card. Differently, a person who has married a U.S. citizen and has applied for adjustment of status is usually allowed to receive an EAD. The cards look the same but the issuing regulation is different. Typically, the U.S. Citizenship and Immigration Services (USCIS) issues the work visa and EAD. Most EADs are valid for one year. EAD identity cards are usually plastic laminated and include the visa holder’s name, photo and document expiration date.

Immigrant visas are intended for foreign nationals who want to live in the United State permanently. Nonimmigrant visas are typically issued to foreign nationals who intend to enter the United States on a temporary basis for work, business, study, tourism, medical treatment or other similar reasons.

To qualify for an E-1 visa, you must be a national of a country with which the U.S. maintains a treaty of commerce and navigation; carry on substantial trade; and continue principal trade between the U.S. and the treaty country.

The E-2 visa allows an investor to live and do business in the US in exchange for a “significant investment” made to the country’s economy. Each of these countries has signed different agreements (or bilateral treaties) with the US. Not all countries have an E-1 or E-2 treaty with the U.S. The amount of time you can stay on an E-2 visa varies by the reciprocity schedule. Whether or not you can renew your visa and how many times you can do so will also depend.

Having a skilled attorney who can guide you through which visa is available to the business owner and to ensure that needed employees may also receive work visas in the U.S is extremely valuable.

If you must travel to the U.S. for an emergency, you may qualify for an expedited appointment. You must first pay the visa application fee and complete the Visa Electronic Application (DS-160) form. Then, you can request an emergency appointment by completing the online Emergency Request Form. Each Post has different guidance on how to submit the application and sometimes what constitutes and emergency. Policies in effect at the time of the emergency may also affect a person’s ability to receive an emergency appointment. If the Embassy approves your request, then you will receive an email with a code which allows you to schedule your emergency appointment online. During the COVID-19 pandemic, some of the emergency appointments must still qualify for a National Interest Exception.

The H-1B visa is a temporary or non-immigrant "specialty occupation" US visa, which means the holder is employed in a position that requires specialized skills or knowledge. Jobs that suit the H-1B visa typically need a university degree or equivalent (which can mean 3 years' of progressive work experience for each year that would normally be spent at university). The position should be one that would normally require that level of experience. The H-1B visa is valid for three years, with one possible additional three-year extension, making six years' maximum stay in total. The H-1B program is highly regulated and numerically limited. Having a skilled immigration attorney represent the employer to navigate the complex Labor Condition Application and H-1B petition process before the U.S. Departments of Labor and U.S. Citizenship and Immigration Services is very helpful and of value to many companies.