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
Immediate relative visas are designed for close family members of U.S. citizens, including spouses, unmarried children under the age of 21, and parents. Unlike other family-based visa categories, there is no annual limit on the number of visas available for immediate relatives, allowing for faster processing times. The primary visa types under this category include:
The F1 visa, classified under the First Preference category of U.S. family-based immigration, is specifically designed for unmarried sons and daughters of U.S. citizens who are 21 years of age or older. This visa category provides a pathway for eligible individuals to obtain lawful permanent residence (green card status) in the United States. Upon meeting the necessary requirements, F1 visa holders may also pursue U.S. citizenship, if desired. Our law firm specializes in navigating the complexities of family-based immigration, including F1 visa applications, to help families reunite and achieve their immigration goals with confidence and clarity.
The F2A second preference family-based green card category is available to qualifying foreign nationals who are either the spouse or an unmarried minor child (under 21 years of age) of a lawful permanent resident (green card holder). However, if the child listed in the F2A petition turns 21 years old before obtaining their green card, they will no longer qualify as a minor child under the F2A category. In such cases, the petition will automatically convert to the F2B category, which applies to unmarried adult children (over 21 years of age) of green card holders.
This reclassification can lead to significant delays in processing times, as the F2B category often experiences longer waiting periods for priority dates to become current.
The F2B visa is a U.S. family-based immigrant visa category specifically designed for unmarried sons and daughters of lawful permanent residents (green card holders) who are 21 years of age or older. This visa provides a pathway for eligible individuals to obtain lawful permanent residence in the United States, allowing them to live and work in the country permanently
The F3 visa, classified under the Third Preference family-based immigration category, is a U.S. immigrant visa specifically designated for married sons and daughters of U.S. citizens. This visa category enables eligible individuals to obtain lawful permanent residence in the United States, granting them the right to live and work permanently in the country. Unlike other family-based visa categories that prioritize immediate relatives or unmarried children, the F3 category uniquely addresses the immigration needs of married children of U.S. citizens.
The F4 visa, classified under the Fourth Preference family-based immigration category, is designed for brothers and sisters of current U.S. citizens. To qualify, applicants must be at least 21 years old. Due to the limited annual allocation of approximately 65,000 visas for this category, processing times are often lengthy. In most cases, brothers and sisters of U.S. citizens can expect a waiting period of approximately 10 to 11 years from the time the initial petition is filed until a visa becomes available. However, applicants from countries with high demand, such as India, China, the Philippines, the Dominican Republic, and Mexico, may face even longer wait times due to per-country visa limits.
Family Members:
As derivatives of the primary applicant, spouses and unmarried children under the age of 21 are also eligible to obtain lawful permanent residence (green cards). These family members may accompany or follow-to-join the primary applicant in the United States once the visa is approved.
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 are required to leave the U.S. you may 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 to the U.S. 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 you can show that not being allowed to return 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.
If you are in removal (deportation) proceedings in the Immigration Court, the judge will give you an opportunity to hire an attorney. In Immigration Court you will have an opportunity to apply for relief from removal. Forms of relief may include: Asylum, Withholding of Removal, Convention Against Torture (CAT), and Cancellation of Removal, Temporary Protected Status (TPS), Deferred Action, Special Immigrant Juvenile Status. These are only some of the forms of relief. You should contact an immigration attorney who can determine what forms or relief are available for you.
The forms or relief categories are
A person may seek asylum by showing a well-founded credible fear of persecution by their government based upon their politics, race religion, nationality or membership in a particular social group.
A person may seek withholding of removal is they can show a “clear probability” of persecution, meaning that it is “more likely than not” that they would be subject to persecution on account of their politics, race religion, nationality or membership in a particular social group.
A person may seek C.A.T. if they can show that in the country where they would be removed to it is more likely than not that they will be subject to torture. Torture is an extreme form of cruel and inhuman treatment which is in part the intentional infliction of severe pain or suffering by, or with the consent or acquiescence of a public official.
A person in removal proceeding may be able to apply for relief from removal and receive lawful permanent residence is they can show 1) they have been in the U.S. 10 years or more, 2) they are of good moral character, and 3) there will be an exceptional and extremely unusual hardship to your U. S. citizen or lawful permanent resident who is their spouse, parent, or child, and 4) they are deserving of a favorable exercise of discretion on their application.
A person may seek TPS as a form of relief, if the Department of Homeland Security has designated their country for TPS due to conditions that temporarily prevent people from that country from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. Such temporary conditions in the country include ongoing armed conflict (such as civil war); an environmental disaster (such as earthquake or hurricane); or other extraordinary and temporary conditions.
Deferred Action is a discretionary determination to defer removal of a person as an act of prosecutorial discretion. The person is then allowed to be in the United States for the duration of the deferred action period. While they are considered to be lawfully present in the U.S. deferred action does not give a lawful immigration status .
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