Immigration Law Services in New York and New Jersey

Immigration lawyers handle a wide variety of cases related to entering or staying in the United States legally. Our immigration law practice assists clients in areas including:

- Family-based immigration: Helping U.S. citizens or permanent residents petition for family members (spouses, children, parents, siblings) to obtain green cards (lawful permanent residency).

- Employment-based visas and green cards: Guiding employers and individuals through work visa petitions (like H-1B specialty occupation visas, L-1 intracompany transferee visas, O-1 extraordinary ability visas) and employment-based green card processes (such as PERM labor certification, EB-1, EB-2, EB-3 categories).

- Investor and entrepreneur visas: Assisting with visas like the E-2 investor visa or EB-5 investor green card program for those investing in U.S. businesses.

- Student and visitor visas: Advising on F-1 student visas, J-1 exchange visas, B-1/B-2 visitor visas, and ensuring compliance with their terms.

- Citizenship and naturalization: Helping permanent residents apply for U.S. citizenship, including preparation for the naturalization interview and test.

- Asylum and humanitarian cases: Representing individuals seeking asylum or other humanitarian protections (such as U visas for crime victims, VAWA self-petitions for victims of abuse, or TPS).

- Deportation defense: Defending clients in removal (deportation) proceedings, requesting relief such as cancellation of removal or adjustment of status before immigration courts.

In short, an immigration attorney can assist with virtually any legal process that involves U.S. immigration authorities (USCIS, Department of State, immigration courts). If you need a visa, a green card, or are facing an immigration challenge, our firm provides guidance at every step to navigate the complex immigration system.

Technically, you can file immigration applications on your own (many people do for straightforward cases), but there are many reasons to consider hiring an immigration attorney:

- Complex Paperwork: Immigration forms and requirements can be very detailed. A small mistake or omission on a visa or green card application can lead to delays or even denials. Attorneys ensure that all paperwork is filled out correctly, with the proper supporting documents included.

- Changing Laws and Policies: Immigration laws and policies change frequently. An immigration lawyer stays up-to-date on the latest rules (for example, new public charge rules, travel bans, or procedural changes at USCIS) and can advise how those affect your case. This is especially important for more complicated matters or if you’re unsure which visa category is best for you.

- Strategic Advice: A lawyer can evaluate your situation and determine the best immigration strategy. For instance, if you have family in the U.S. and also a potential employer sponsor, an attorney can advise which path is faster or more likely to succeed. They can also spot issues that you might not realize are problems – such as inadmissibility issues (past visa overstays, criminal issues, etc.) – and work on solutions (like waivers).

- Peace of Mind: With an attorney, you have someone to answer your questions, communicate with the immigration agencies on your behalf, and handle any requests for additional evidence or unexpected hurdles. This can greatly reduce the stress of what is often a life-changing process.

In summary, while you are not required to have a lawyer, an immigration attorney can significantly improve the chances of a smooth and successful visa or green card application. They’ll guide you through the bureaucracy and help avoid pitfalls that could cost you time or jeopardize your status.

The timeline for obtaining a visa or green card varies widely depending on the type of application and the applicant’s circumstances. Here are a few general time frames:

- Family-Based Green Cards: For immediate relatives of U.S. citizens (spouse, parent, minor child), it might take roughly 12 to 18 months or more to get a green card, since there’s no annual quota but processing times can be lengthy. For family preference categories (siblings of U.S. citizens, adult children, etc.), it can take several years, because there are annual limits and often long waiting lists based on country quotas – sometimes anywhere from 2-15 years or more for certain categories.

- Employment-Based Green Cards: Processing times depend on the category and country of origin. Some employment categories (like EB-2 or EB-3 for applicants from countries with backlogs like India or China) also have multi-year waits. The process often involves multiple steps (labor certification, petition approval, waiting for a visa number, then green card application) and can take anywhere from 1 year to several years.

- Temporary Work Visas: Visas like H-1B have specific filing seasons and quotas, and if selected, typically take a few months for processing (premium processing can expedite to a few weeks). Other work visas like L-1 or O-1 might take a few months for petition approval plus time for consular processing if abroad.

- Naturalization (Citizenship): Once you apply for citizenship, it often takes around 6 to 12 months for the process (this can vary by region and USCIS backlog).

- Asylum: If applying affirmatively (not in court), an interview might take a few years given current backlogs; defensive asylum (in court) can take several years due to court schedules.

It’s important to note that these timelines are averages and can change. Government processing times have been in flux due to policy changes and backlogs. Additionally, factors like requests for additional evidence or administrative processing at consulates can add delays. An immigration lawyer can provide a more specific estimate based on your case and keep you informed of any changes or updates in processing. Patience is often necessary in immigration matters, but we help clients stay on top of their case status and explore any options to expedite when available.

If your immigration application is denied, or if it’s stuck in delays, you still have options:

- Denials: First, carefully review the denial notice. U.S. Citizenship and Immigration Services (USCIS) or the consulate will provide a reason. Some denials can be appealed or a motion to reopen/reconsider can be filed. For example, if a family-based petition is denied by USCIS, you might file an appeal to the Administrative Appeals Office (AAO) or a motion if you can correct the issue. In other cases, it might be better to reapply with stronger evidence or after fixing the problem (like obtaining a waiver for a ground of inadmissibility). If a visa is denied at a consulate, often the consular officer’s decision is final, but sometimes you can overcome it by providing additional documents (if it was a temporary refusal under 221(g) asking for more info) or applying again if circumstances change. An immigration attorney can analyze the denial and advise on the best course – whether it’s appealing, re-filing, or seeking a different immigration path.

- Delays: It’s not uncommon for immigration cases to be delayed. If your case is outside normal processing times, an attorney can submit a case inquiry with USCIS or the State Department to check the status. Sometimes delays are caused by background checks or security clearances (administrative processing). In prolonged delay situations, one option is to file a writ of mandamus in federal court, which is essentially suing the government to compel a decision on a long-pending application. Often, the mere filing of a mandamus lawsuit prompts action on the case. We guide clients through these steps, from following up on delayed cases to taking legal action when necessary to get a resolution.

In any situation of denial or delay, having legal guidance is important. We help determine why it happened and how to address it. The key is not to lose hope – many issues can be resolved with the right approach, additional documentation, or legal action. Our role is to advocate for you and keep your immigration goals on track even if there’s a setback.

Yes, absolutely. If you or a loved one is facing deportation (removal proceedings) in immigration court, an immigration lawyer is crucial. Removal proceedings are when the government is trying to deport an individual for reasons such as overstaying a visa, entering without authorization, or certain criminal convictions. Here’s how an attorney can help:

- Representation in Court: An immigration attorney will represent you at hearings before the Immigration Judge. They will formulate a defense strategy, file the necessary applications for relief from removal, and argue your case.

- Identify Relief Options: There are several possible defenses or forms of relief that could stop a deportation. These include asylum (if you fear persecution in your home country), cancellation of removal (if you have been in the U.S. a long time and have qualifying relatives who’d suffer extreme hardship, or if you’re a lawful resident who meets certain criteria), adjustment of status (if you become eligible for a green card through family or other means), waivers for certain inadmissibility issues, prosecutorial discretion, among others. An attorney will determine what options apply to your case and help gather evidence to support it.

- Preparation of Your Case: Deportation cases require strong evidence and often testimony. For example, if applying for cancellation of removal, you need to prove things like long presence and hardship to family. Lawyers help collect documents, prepare witness statements, and often work with experts who can attest to country conditions or other aspects of the case.

- Appeals: If the immigration court denies relief, a lawyer can appeal the decision to the Board of Immigration Appeals (BIA) and even to the federal Circuit Court if necessary. This is a complex appellate process that lawyers are equipped to handle.

Facing deportation is one of the most serious immigration challenges, and having experienced legal counsel can make the difference between being allowed to stay in the U.S. or being removed. Our firm provides vigorous removal defense, fighting for our clients’ right to remain with their families or in the communities they’ve come to call home. If you are in deportation proceedings in New York, New Jersey, or anywhere, it’s critical to seek legal help immediately to protect your rights.