A Columbus Immigration Attorney Can Help You With Immigration to the United States
At Jay Perez Law, we handle various matters for local, national, state, and even international clients with their family or business immigration issues. We understand immigration and can assist you.
A Deferred Action for Childhood Arrivals (DACA) is best described as temporary relief for undocumented individuals who were brought to the United States as children. Specifically, DACA gives these undocumented immigrants: (1) protection from deportation and (2) a work permit for two years, subject to renewal.
Battered Spouses, Children, and Parents
Battered spouses, children, or parents may file an immigrant visa petition under the Immigration and Nationality Act (INA), as amended by the Violence Against Women Act (VAWA). The VAWA provisions in the INA allow certain spouses, children, and parents of U.S. citizens and certain spouses and children of permanent residents, i.e., Green Card holders, to file petitions without the knowledge of their abusers. In this way, victims can seek safety and independence from their abuser, who is not notified of the filing.
The VAWA provisions are permanent, do not require congressional reauthorization, and apply equally to women and men.
Help is also available from the National Domestic Violence Hotline at 1-800-799-7233 or 1-800-787-3224 (TDD). The hotline provides information about mental health care, legal advice, shelters, and other types of assistance, including information about filing for immigration status.
The Victims of Human Trafficking
The International Labor Organization estimates that there are 40.3 million victims of human trafficking globally, with hundreds of thousands in the U.S. The victims of this crime in the U.S. are men and women, adults and children, foreign nationals, and U.S. citizens.
The Hotline is open 24/7 and has operators who speak 200 languages.
Temporary Protected Status (TPS)
A foreign country may be designated for Temporary Protected Status (TPS) by the Secretary of Homeland Security due to conditions in the country that temporarily prevent its nationals from returning safely or in special circumstances where the country is unable to handle the return of its nationals adequately.
TPS may be granted to:
- Eligible nationals of certain countries or parts of countries who are already in the U.S.
- Eligible individuals without nationality who last resided in the designated country
To be eligible for TPS, you must:
- Be a national of a country designated for TPS, or a person without nationality who last habitually resided in the designated country
- File during the open initial registration or re-registration period, or meet the requirements for late initial filing during any extension of your country’s TPS designation
- Have been continuously physically present in the U.S. since the effective date of the most recent designation date of your country
- Have been continuously residing in the U.S. since the date specified for your country, with certain exceptions
Cancellation of Removal
Cancellation of removal is an immigration benefit that allows permanent residents and nonpermanent residents to apply to an immigration judge to adjust their status from a deportable alien to lawfully admitted for permanent residence if certain conditions are met.
Generally speaking, an appeal is an application to a decision-making authority who has handed down a decision that the appealing party is concerned with due to a potential error either in law or fact, and the appealing party tries to correct the error.
There are several main types of immigration appeals:
- Appeals before the Administrative Appeals Office (AAO)
- Appeals before the Board of Immigration Appeals (BIA)
- Criminal alien appeals
- Habeas corpus, mandamus, and American Psychological Association (APA) actions
- Petitions for review to U.S. Courts of Appeals
- Motions to Reconsider/Motions to Reopen
When you receive a call that a loved one has been arrested by ICE (Immigration and Customs Enforcement), The first thing that will happen is they will be taken into custody. If you are there, make sure that they stay calm and don’t resist arrest. Reassure them that there is a process that needs to be worked through in an attempt to have them released.
In many cases, an I.C.E. Agent has the authority to issue the detained a bond. In cases where they refuse to issue a bond, the detainee has the right to file a Custody Redetermination Motion with the Immigration Court.
Stay of Removal
A stay of removal is a temporary postponement that prevents the Department of Homeland Security (DHS) from carrying out an order of removal. There are several ways to prevent removal. In some cases, a stay of removal will be automatic, while in others, it may be discretionary.
Naturalization refers to a lawful permanent resident becoming a U.S. citizen, which is the primary path to citizenship for individuals born outside of the U.S. The naturalization process can be complex, but an experienced immigration law attorney can help you determine your eligibility and, if you are eligible, help you with the naturalization process.
If you are a U.S. citizen seeking to bring your foreign fiancé to the U.S. to get married, you will need to file an I-129F, Petition For Alien Fiancé Form. This is the first step required to obtain a K-1 nonimmigrant visa for your fiancé, which is also known as a “fiancé visa.”
To obtain a K-1 fiancé visa, you and your fiancé must:
- Have the intent to become married within 90 days of arriving in the U.S. and be in a genuine, united, and loving relationship.
If you and your fiancé(e) are married within 90 days of being admitted to the U.S. as a K-1 nonimmigrant, he or she may apply for permanent resident status in the U.S., also known as a “Green Card.” This is applicable to same-sex relationships as well.
Adjustment of Status
“Adjustment of status” is the process used to apply for lawful permanent resident status, most commonly known as applying for a “Green Card.”
Petition for Alien Relative
Form I-130, officially known as the “Petition for Alien Relative” or simply referred to as the “I-130 petition,” is used to establish that a valid family relationship exists between a U.S. citizen or Green Card holder and a family member.
Filing the I-130 petition with U.S. Citizenship and Immigration Services (USCIS), which is part of the U.S. Department of Homeland Security (DHS), is the primary step in beginning the family-based adjustment of status.
If you are undocumented, meaning that you have no legal immigration status in the U.S., and you are in removal or deportation proceedings, there are legal defenses available that might make it possible for you to avoid being deported. Although there is nothing as effective as retaining an experienced immigration attorney like Jay Perez Law, a few of the most common deportation defenses include:
- Family-based adjustment of status
- Withholding of removal
- Protection under the Convention Against Torture (CAT)
- Cancellation of removal for persons who are not lawful permanent residents
- Cancellation under the Violence Against Women Act (VAWA)
- Voluntary departure
- Deferred action
- Prosecutorial discretion
- Motion to Reopen Absentia Order
USCIS administers a program called the EB-5 Program, named after the employment-based fifth preference visa that participants receive under this program. The program allows investors, their spouses, and unmarried children under 21 to apply for a permanent residence Green Card if they:
- Make the necessary investment in a commercial enterprise in the U.S
- Plan to create or preserve ten permanent full-time jobs for qualified U.S. workers
- EB-1 is for individuals with “extraordinary abilities” in the arts, sciences, business, education, or athletics.
- EB-2 is for individuals who are members of a profession that hold an advanced degree or equivalent or have exceptional ability in the arts, sciences, or business.
- EB-3 is for individuals who are professionals or skilled workers.
- EB-4 is for special Immigrants and consists of two general subgroups within the special immigrant category regarding employment-based immigration.
- EB-5 Ten thousand employment-based immigrant visas are made available annually that are accessible to qualified foreign nationals seeking permanent resident status based on their engagement in a new commercial enterprise.
- H-1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models
- H-2A Temporary Agricultural Workers
- H-2B Temporary Non-Agricultural Workers
P-1 entertainment visas are non-immigrant visas that allow foreign nationals who are athletes, artists, and entertainers to enter the U.S. for a specific event, competition, or performance. The P-1 Visa classifications cover individuals who compete at internationally recognized levels.
Similarly to Entertainment Visas, the P-1A classification applies to you if you are coming temporarily to the United States solely to perform at a specific athletic competition as:
- A part of a group or team at an internationally recognized level of performance
- An individual athlete at an internationally recognized level of performance
- A professional athlete
- An athlete or coach, as part of a team or franchise that is located in the U.S. and a member of a foreign league or association
The P-1A classification also applies to amateur or professional athletes coming temporarily to the U.S. solely to perform in a specific theatrical ice skating production or tour, either individually or as part of a group.
Ministers of a religious denomination have long been a part of the framework of U.S. immigration law, as early as the Immigration Act of 1924. In 1990, Congress created, via the Immigration and Nationality Act (INA), a new special immigrant category that includes both ministers and other religious workers.
Contact A Columbus Immigration Attorney At Jay Perez Law Today for Help With Any of Your Immigration Issues
A Columbus Immigration Attorney at Jay Perez Law, our experience, 24/7 accessibility, affordable rates, cutting-edge technology, compassion, and understanding allow us to treat you with the kind of personal attention you deserve. We treat your legal issues efficiently and successfully, leaving you to focus on your everyday matters.
Contact us to learn more and schedule your free consultation.