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In need of comprehensive legal services? Trust none other than The Law Office of Fabian Lima in Philadelphia, PA. We handle an array of criminal defense and immigration cases. Learn more about the different law services we offer!
When it comes to legal services that exceed expectations, turn to our law office. Call us today to receive more information about how we can help you become a permanent U.S. citizen. We can also walk you through which visa is right for you.
The Law Office of Fabian Lima can help you find the appropriate visa for your needs whether you want to temporarily visit the US or live here permanently.
Permanent Residency Through a Family Member Petitioner
Family-based immigration can be a relatively quick process or take an absurd amount of time. For some cases, the wait can be as short as four months, as it is in the cases of US citizens filing for their spouse when the spouse is legally present in the US.
However, some cases can take very long to process – notably, cases where US citizens petition for their siblings, which can take upwards of 12 years. We have successfully processed all types of family-based applications for citizens with relatives from all over the world and will make the process as quick and painless as possible.
Many people ask why they need an attorney to file for their relatives; can't they just read the instructions and complete the forms that are available online? When you hire an experienced immigration attorney, you are not hiring someone to simply fill out the forms and compile the applications. You are hiring someone who can spot potential complications and can provide solutions to the problems that many applicants are unaware of when they file. You are also hiring someone who has developed relationships with the many officers at USCIS who will be adjudicating your application, who knows the nuances of what each immigration office focuses on. Finally, you are hiring someone to be with you during the interview to ensure that the process is fair and, if unforeseen complications arise, you will have someone to guide and help you overcome those complications.
Most marriage-based applications are not granted or denied because of what takes place at the interview itself – it is crucial to go into the interview prepared in advance with what documentation to bring and what kinds of questions to expect. This is why we always suggest conducting a practice interview with the attorney impersonating a USCIS interviewer to make sure the applicants are thoroughly prepared for the big day.
Permanent Residency Through Employment or Investment
Asylum
One of the most gratifying aspects of immigration law is assisting individuals who are fleeing persecution in their home country, but it is also one of the most difficult areas, as the US government requires considerable proof of eligibility for asylum.
It is critically important to file a timely application that normally means within one year of your undocumented arrival or one year of the expiration of your lawful nonimmigrant status. A year is not a long time when you are just arriving in a new country after having had to flee an untenable situation, but we can expedite filings if necessary to ensure a timely filing to maximize your likelihood of success.
A successful asylum application must establish that you have a credible fear of future persecution on account of being a member of a protected group. This group membership can be based on Race, Religion, National Origin, Political Opinion, or the vaguer Particular Social Group. A social group can be established in many diverse categories. For instance, a woman who flees her country to escape a forced marriage may be eligible for asylum.
After having filed an asylum application, an applicant must wait 150 days before filing for a work authorization document that will allow the applicant to obtain a Social Security Card and State Driver's License or ID. Eventually, an interview will be needed at the Asylum Office for a determination to be made on the application. If it is approved, asylum is granted and within one year, an application may be filed for permanent residency and applications may be filed to bring over certain family members. If it is not approved at the first level, the case will be referred to immigration court for an opportunity to convince the immigration judge that the Asylum Office has made a mistake. We are experienced in handling every step of this process and look forward to discussing your particular case.
Citizenship
After having invested several years and thousands of dollars in obtaining permanent residency, is it finally time to apply for US Citizenship through the process of Naturalization?
If you obtained your permanent residency through marriage to a U.S. citizen, the answer may be "yes" if you have been a permanent resident for over two years and nine months and remain living with the U.S. citizen spouse who petitioned for your permanent residency. If you obtained permanent residency another way, the answer may be "yes" if you have been a permanent resident for over four years and nine months.
There are several other important criteria to evaluate, such as whether there have been any extended trips that would interrupt the U.S. residency requirement or whether a potential applicant has had any problems with the criminal justice system. At the Law Office of Fabian Lima, you will receive expert counsel on your eligibility to file and comprehensive assistance with the application and examination process to make sure that your American dream does not get derailed at this last step of the immigration process.
We have dealt with too many cases of long-time permanent residents getting placed into deportation proceedings on account of relatively minor criminal convictions. Many put off applying due to financial reasons or thinking that they had to give up their original passport. The US does not require that you abandon your first country's citizenship, although there is a popular misconception that this is required. The cost of filing for citizenship is minor in comparison to the costs of defending a deportation case and is much less stressful. Others may put off applying, thinking that they will lose their home country's citizenship. The U.S. does not force you to abandon your original citizenship and most countries in the world do allow for it, so you will end up with dual nationality and have the best of both worlds.
H-1B Visas
Non-Immigrant Visas
Temporary Visas
This section explains how you can obtain a temporary visa to visit, study, or work in the United States. It contains a number of articles and links explaining the various types of temporary visas. It explains the difference between a "visa" and a "status." It provides you with the procedure for obtaining a visa abroad as well as detailing the process of obtaining an extension of stay and a change of status in the U.S. It links to the online visa appointment system for U.S. Consulates in Canada and Mexico.
Categories of Temporary Visas
Visitor Visas to the U.S. (State Department) Visa Waiver Program (State Department)Treaty Traders ("E-1") Students ("F-1") Temporary Professional Workers ("H-1B") Temporary Skilled and Unskilled Workers ("H-2B") Exchange Visitors ("J-1")Fiancées of U.S. Citizens ("K-1")Intracompany Transferees ("L-1")Persons of Extraordinary Ability ("O")Athletes and Entertainers ("P")Religious Workers ("R") Victims of Human Trafficking ("T") Canadian and Mexican Professionals Under NAFTA ("TN") U Visas for Victims of Serious Crimes in the US Too many people facing removal proceedings do not take the time to find the best and most experienced attorney to represent them. They look for an inexpensive attorney or, worse yet, appear without an attorney.
This is a recipe for disaster. Why? Because you are creating a record before the Immigration Judge. If you lose, and then hire a new (and improved) attorney to appeal the Judge's decision, your inexpensive (and probably inexperienced) attorney will be saddled with the record of proceedings that either you or your attorney had created before the Judge.
The record of proceedings consists of the transcript of the hearing and the exhibits, including copies of any applications submitted on your behalf. If you do not make a good record before the Judge, it may be difficult for your new attorney to win your appeal.
The Board of Immigration Appeals (BIA), which rules on appeals, never sees or hears from you. They only see the printed record, the decision of the Immigration Judge, and the attorneys' legal briefs. Once the BIA rules against you and you decide to hire a great immigration attorney to take your case to Federal Court, the court must rely on the record of proceedings. You never get the chance to testify in court.
With this in mind, use the information contained in the following articles and links to help you avoid deportation and become a permanent resident of the United States.
When an Immigration Judge has found that an alien is illegally present in the United States, it does not necessarily follow that they will be deported. The Immigration and Nationality Act provides many types of relief from removal. Chief among these are (1) waivers of excludability and deportability; (2) cancellation of removal for permanent residents; (3) cancellation of removal for non-permanent residents; (4) suspension of deportation; (5) adjustment of status to permanent residence; (5) asylum and withholding of deportation; (6) legalization and registry and, if all else fails, (7) voluntary departure.
Waivers
The immigration law enumerates various grounds by which an alien in the United States may be subject to removal from the U.S. A common ground of removability provides that an alien may be subject to removal if they were inadmissible when they entered the United States. There are many grounds of removability found in the law.
Eligibility for waivers of removability depends upon the alien's ability to establish hardship to themselves or to their close family members if they were to be removed from the U.S. For example, a person who has committed fraud or a material misrepresentation may apply for a waiver under §212(i) if the failure to admit them to the U.S. would result in "extreme hardship" to their lawful permanent resident (LPR) or U.S. citizen (USC) spouse or parents. Similarly, a person who is excludable on certain criminal grounds may be eligible for a waiver under §212(h) if the failure to admit them to the U.S. would result in "extreme hardship" to their LPR or USC spouse, parent(s), son(s) or daughter(s).
Cancellation of Removal for Permanent Residents
INA §240A(a) allows the Attorney General (usually an Immigration Judge or the Board of Immigration Appeals) to cancel the removal of a lawful permanent resident from the U.S. if:
The following classes of persons are ineligible for cancellation of removal: (1) Certain crew members; (2) Exchange visitors (in "J" status) who received medical training in the U.S.; (3) Persons who have persecuted others; (4) Persons who have previously been granted cancellation of removal, suspension of deportation (See below.) or relief under §212(c); and (5) Persons who committed certain criminal offenses prior to the accrual of the required seven years.
Positive factors include: (1) Family ties within the U.S.; (2) Long-term resident of the U.S.; (3) Hardship to person and immediate family; (4) Service in U.S. Armed Forces; (5) Employment history; (6) Ownership of property and business ties; (7) Service to the community; (8) Rehabilitation (if criminal record exists); and (9) Good moral character.
Negative factors include: (1) Nature and circumstances of exclusion grounds; (2) Other immigration law violations; (3) Criminal record; and (4) Other evidence of bad character.
Cancellation of Removal for Non-Permanent Residents
INA §240A(b) allows the Attorney General (usually an Immigration Judge or the Board of Immigration Appeals) to cancel the removal of a non-permanent resident from the U.S. who:
Special relaxed rules for cancellation of removal apply to battered spouses and children.
Only 4,000 persons may be granted cancellation of removal and suspension of deportation (See below.) in a single fiscal year.
Adjustment of Status
A deportable alien who is the parent, spouse, widow or child of a U.S. citizen may be eligible to apply to the Judge to adjust their status to that of a lawful permanent resident. Also qualified to apply for adjustment of status are many aliens whose priority dates for permanent residence are "current."
Aliens who obtained conditional permanent residence based upon their marriage, or the marriage of their alien parent, to a U.S. citizen may have their legal status terminated by the Government if they fail to meet certain requirements. However, once the Government places them under removal proceedings, they may renew their applications for permanent residence before an Immigration Judge.
Asylum and Withholding of Deportation
Those who have a well-founded fear of persecution if they return to their home country may apply for asylum if their fear is based on any of the following grounds:
If a person is granted asylum, after one year they may apply for permanent resident status.
Withholding of deportation is similar to asylum. However, it differs in two important respects: (1) It does not permit the alien to apply for permanent residence, and (2) it only prohibits the Government from deporting the alien to one particular country.
Suspension of Deportation
Any expulsion proceedings commenced on or after April 1, 1997 are removal proceedings rather than deportation or exclusion proceedings. However, persons placed in deportation proceedings prior to April 1, 1997 as well as NACARA applicants may still be eligible for suspension of deportation.
A deportable alien may apply for permanent residence through suspension of deportation if they are able to fulfill the following three conditions:
Voluntary Departure
Finally, if there is no other relief from deportation, most aliens are eligible for, and should apply for voluntary departure from the United States. This avoids both the stigma and the legal impediments to return to the United States imposed by deportation.
Voluntary departure is available to aliens who are not deportable on aggravated grounds, who have the means to pay for their departure from the U.S., who agree to depart within a period of time granted by the Immigration Judge, and who can establish good moral character during the previous five-year period.
All forms of relief from deportation, except withholding of deportation, may be granted at the discretion of an Immigration Judge. Final orders of an Immigration Judge may be appealed to the Board of Immigration Appeals, and in certain cases to the appropriate U.S. Court of Appeals.
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 | fabian@immigrationattorneyphilly.com |
 | We provide our Immigration Law services to anyone located anywhere, and our Criminal Defense services to clients in Pennsylvania and New Jersey. |
Note - Do not park on Walnut Street before 10 A.M. or after 3 P.M. as the parking spots transforms into a rush-hour lane and you will be ticketed and towed by the Parking Authority. Other streets in the area have similar restrictions so you may want to park in one of the nearby public garages if your appointment is at or near one of these times.
