Removal/Deportation Defense
Immigration Appeals
Asylum
Family-based Immigration Law
Visa/Consular Processing
Waivers
Naturalization
Removal/Deportation Defense
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I represent individuals who are in “Removal Proceedings,” formerly
known as Deportation Proceedings. If you have been an issued a
document called a “Notice to Appear” or if you have received a notice
scheduling you for a hearing in the Immigration Court, please contact
me as soon as possible. Depending on your case, you may be eligible
for relief from removal, which if granted would allow you to remain
in the United States and/or to avoid being deported. These forms of
relief include asylum, adjustment of status, cancellation of removal,
relief under the United Nations Convention Against Torture, and
voluntary departure.
Immigration Appeals ^top
I represent individuals in both administrative and court appeals.
Some appeals are filed with the Board of Immigration Appeals in Falls
Church, Virginia, such as those appealing a denial of relief from
removal and an order of removal issued by an Immigration Judge.
Certain immigration removal cases can also be appealed to a higher
court—a United States Court of Appeals. I am an attorney admitted to practice
before the U.S. Court of Appeals for the Ninth Circuit, which covers
removal hearings held in Oregon and other western states. In
addition, I also handle appeals concerning denials of certain forms
and applications filed with USCIS. These are appealed to USCIS’
Administrative Appeals Unit [AAU].
I represent people who are afraid to return to their countries
because they fear persecution on account of their race, religion,
political opinion, nationality, or membership in a particular social
group. Someone who has suffered harm in the past or fears it in the
future for one of these reasons, should consider filing an
application for asylum in the United States. Asylum has other
restrictions and difficulties. For example, with limited exceptions,
an asylum application must be filed within one year of entering the
U.S. Also, the persecution the individual fears must be from the
government of the country or from a group the government cannot or
will not control. It is also important to understand that persecution
is not the same as harassment or discrimination. Asylum applications
are filed with USCIS or with the Immigration Court, if the applicant
is in removal proceedings.
Family-based Immigration Law
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I help U.S. citizens and their family members in obtaining lawful
permanent resident status in the U.S. A U.S. citizen can petition for
certain family members such as a spouse, child, parent or sibling to
obtain permanent residence. The paperwork and timeframe for
processing these applications differs, depending on whether the
relative is in the U.S., or is living abroad. Various personal
documents such as birth, marriage, and divorce documents are needed,
along with the individual U.S. tax return of the U.S. citizen for the
most recent year. I also handle fiancé visas, which are available to
foreign fiancés and fiancées of U.S. citizens only.
Visa/Consular Processing
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As mentioned above, some family members of U.S. citizens live abroad.
These individuals must file for and be granted an immigrant visa at a
U.S. Embassy or Consulate in their country. This process begins with
the U.S. citizen filing an I-130 immigrant visa petition on behalf of
the relative. I help with this process, as well as with the “consular
processing” which involves the completion of various forms and the
submission of various documents to the U.S. Embassy or Consulate.
Waivers are an “immigration pardon.” Certain individuals may not be
eligible to become permanent residents without being granted a waiver
by USCIS. For example, certain criminal convictions—even
misdemeanors—may make one ineligible for permanent residence. Other
sorts of problems requiring a waiver include more than one year’s
“unlawful presence” in the U.S. or a lie or misrepresentation made in
the past to a U.S. government official such as a consular officer or
border or airport inspector to obtain a visa or entry to the U.S.
Most waivers require a showing of “extreme hardship” to the
qualifying U.S. citizen relative, usually a spouse and sometimes also
a child. Waivers should be carefully prepared with specific and
personal documentation about the hardship factors that apply in your
personal circumstances.
Naturalization
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I represent permanent residents who wish to become U.S. citizens.
This process is known as “naturalization.” In general, in order to
naturalize, one must have at least five years as a permanent resident
without leaving the U.S. for trips of six months or longer, at least
30 months of “physical presence” in the U.S., a knowledge of English
language and U.S. history and civics, and five years’ “good moral
character.” If you have spent a lot of time abroad since becoming a
permanent resident, if you have ever been arrested by the police, or
if you have had a problem with the immigration authorities in the
past, you should seek a lawyer's advice before deciding whether to file
for naturalization.
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