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The immigration law is a highly technical area of law which is continually changing. Many people fall prey to the multitude of visa consultants, notary publics and others holding themselves out as qualified in the immigration law. This is often the illegal practice of law.
The Law Office of Thomas V. Sassone P.C. is a full-service law firm which recognizes the special needs and requirements of those who are not citizens of the United States. We’ve been practicing immigration law for over 25 years and provide experience in all areas of immigration law.
Non-U.S. citizens are often treated differently under the many laws of the U.S. Whether people are in the U.S. legally or not, the firm strives to provide its clients with a full range of services while always considering the special circumstances which may affect them
The family categories are
Parents, spouses and unmarried children under 21 of U.S. citizens
Employment sponsored immigration is divided into five categories: Priority Workers; Persons with Advance Degrees or Exceptional Ability; Skilled, Professional and Other Workers; Special Immigrants; and Investors.
Persons with extraordinary ability in the arts, sciences, business or athletics (no employer is needed). Also, in this category are multinational executives and managers seeking to transfer to the U.S. Labor certification is not required for EB-1s.
Persons with Advance Degrees or Exceptional Ability in the arts, sciences or business which will substantially benefit the national economy. Advance degrees include master’s degree or higher (or its equivalent). Requires labor certification in most cases.
Skilled persons are those who have at least 2 years of experience in a job that requires two years of experience. Professionals are those with a bachelor’s degree or members of a profession. Other workers cover unskilled workers. Labor certification is required in this category.
Special immigrants include religious workers, special immigrant juveniles, returning residents, certain foreign medical graduates, certain Broadcasters, persons who served honorably for 12 years in the armed services. NATO civilian employees, and several other groups. Labor certification not required.
Persons who invest a certain amount of money in a new commercial business that employers at least 10 full-tine U.S. citizens or people authorized to work and manages the business on a day-to-day basis or through policy formation. Investor must be primarily liable for the investment which must be at risk. If approved, conditional residency is given and must apply after 2 years to remove the condition.
Employers who sponsor people who fall with the EB-2 and EB-3 categories are required to certify that there are not enough U.S. workers willing and qualified to do the job, and that the employment of a foreign person will not adversely affect wage and working conditions of U.S. workers. Application is first made to the Labor Department for such certification. Once approved, the employer may then sponsor the employee for Lawful Permanent residence status.
If someone you know is apprehended by Immigration, the first thing to do is stay calm. They person will be able to call you within a day. It is important that they DO NOT SIGN ANYTHING without speaking to an immigration attorney first. Hire an immigration attorney as soon as possible. An Immigration officer will make an initial determination to release the person. Often, the person may be released from detention by paying bond. If the person is not released, your attorney can make a request to the Immigration Court to have the person released. The immigration judge may also ask that a bond be paid. The bond is to ensure the person shows up to their scheduled court appearances. If they do, the bond will be returned at the end of the court proceedings.
To get a green card in the U.S., you generally need to be in the country legally. If you are not and you leave the country, you could have trouble returning.
If you were in the U.S. illegally for more than 6 months but less than a year, you could be barred from returning for 3 years. If you were illegally for more than a year, the bar could be 10 years.
However, there are special exemptions that may be available if the beneficiary can show that not returning to the U.S. will cause extreme hardship to his or her U.S. citizen or legal permanent resident spouse or parent.
Special Immigrant Juvenile Status (SIJS) allows children who have been abandoned, abused or neglected by at least one parent to obtain lawful status. (In N.Y., the death of a parent may be considered abandonment).
The child must be unmarried. In N.Y. the child must be under the age of 21. Other states may have a different age for a child.
In N.Y. you must apply to the Family Court for custody or guardianship and ask the court for “special findings,” that it is not proper for the child to be returned back to their country because there is no one in that country who is willing or able to care for the child.
With the grant of custody or guardianship and the special findings, the child can petition the USCIS for Lawful Permanent Residence status. SIJS can also be used as a form of relief from removal.
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