Where People Usually Start
Immigration matters rarely arrive at a convenient time. A notice to appear, a petition that has sat in a backlog for years, an interview date, a status that is about to lapse — each one carries a deadline you cannot see and consequences that reach your job, your family and your ability to remain in the country. The paperwork is only part of it. What matters is which relief you actually qualify for, and what has to be filed first.
How we can help
Immigration law refers to the rules established by the federal government for determining who is allowed to enter the country and for how long. It also governs the naturalization process for those who desire to become U.S. citizens. Finally, when foreign nationals enter without permission, overstay their visit, or otherwise lose their legal status, immigration law controls how the detention and removal proceedings are carried out.
Visas in the United States can be broadly separated into two categories: immigrant visas, and non-immigrant visas. The former is subject to “per country-caps”, whereas the latter is not. Most non-immigrant visas are for work purposes, and usually require an offer of employment from a US employer. Such immigration may involve restrictions such as a labor certification to ensure that no American workers are able to fill the role of the job. Other categories include student, family, and tourist visas. Each visa category is further divided into numerous subcategories; the large number of specific categories has been recommended as a main area for comprehensive immigration reform.
Extensive documentation and a thorough knowledge of U.S. immigration laws are required to enter the U.S. or for changing immigration status. Any mistakes can result in uncertainty and can cost a lot, even rejection of the application. That’s why a professional immigration lawyer is required to handle this delicate process and create a smooth experience throughout the application process.
How we can help
- Obtain permanent residency (green cards)
- Become U.S. citizens through naturalization
- Defend one’s rights in deportation and removal proceedings
- Sufferers of persecution seeking asylum in the U.S.
For something as important as immigration, it’s critical to find someone that
- Has experience handling issues related to immigration
- Can foresee obstacles and prepare for anticipated procedures
- Can understand and research each individual, while providing proper guidance
Why this needs a lawyer
Immigration law is federal, it shifts with each administration, and it is administered by separate agencies that do not always take the same position. A form filed in the wrong order, an answer that conflicts with an earlier filing, or a missed hearing can close off relief you were otherwise entitled to. Removal proceedings in particular move on the court schedule, not yours.
Immigration Law — common questions
Do I need a lawyer to apply for a green card or to naturalize?
You are not required to have one. But extensive documentation and a thorough knowledge of U.S. immigration law are needed to enter the United States or to change status, and mistakes can be costly — including rejection of the application. An attorney can identify problems before you file rather than after.
What happens if I receive a Notice to Appear in immigration court?
A Notice to Appear starts removal proceedings. You have the right to be represented in immigration court, but at your own expense — unlike criminal court, no attorney is appointed for you. Deadlines in these cases are strict, so it is important to get advice quickly.
What is the difference between an immigrant and a non-immigrant visa?
Immigrant visas lead to permanent residence and are subject to per-country caps. Non-immigrant visas are temporary and are not capped in the same way. Most non-immigrant visas are for work and usually require an offer of employment from a U.S. employer, sometimes with a labor certification confirming no American worker is available for the role. Student, family and tourist categories also fall under non-immigrant visas.
Can I work in the United States while my application is pending?
It depends on the category you filed under and your current status. Some applicants may apply separately for employment authorization; others may not work until a decision is issued. Working without authorization can create serious problems later, so confirm your position before accepting employment.
Can a criminal case affect my immigration status?
Yes. Certain convictions — and in some situations an arrest or a guilty plea alone — can make a person removable or inadmissible, even for long-term permanent residents. If you are not a U.S. citizen and are facing a criminal charge, the immigration consequences should be considered before any plea is entered.
How long does the process take?
Processing times vary widely by category, by the office handling the case, and by current government backlogs. U.S. Citizenship and Immigration Services publishes current processing times for each form and field office. Any lawyer who promises you a specific date is guessing.
Do you handle immigration matters in New Jersey?
Yes. The firm maintains a second office in Montclair, New Jersey that handles immigration matters only. All other practice areas are handled from the Bay Ridge, Brooklyn office.
What should I bring to a first consultation?
Bring any documents you already have — passports, prior applications and receipt notices, correspondence from USCIS or the immigration court, and any court paperwork if there is a criminal case. Consultations are free, and the more complete the paperwork, the more useful the first meeting will be.
The answers above are general information about immigration law in New York, not legal advice, and do not create an attorney-client relationship. Every matter turns on its own facts.
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