Advance Parole

Aliens applying for advance parole based on a pending application for adjustment of status must be approved for advance parole before leaving the United States to avoid the termination of their pending application for adjustment.

Asylum

Asylum is a protection granted to foreign nationals already in the United States or arriving at the border who meet the international law definition of a "refugee." The United Nations 1951 Convention and 1967 Protocol define a refugee as a person who is unable or unwilling to return to his or her home country. They cannot obtain protection in that country due to past persecution or a well-founded fear of being persecuted in the future "on account of race, religion, nationality, membership in a particular social group, or political opinion." Congress incorporated this definition into U.S. immigration law in the Refugee Act of 1980.

Consular Processing

Consular processing means that a person intending to immigrate to the United States goes to a U.S. embassy or consulate in their home country to complete the application for a green card (lawful permanent residence). Consular processing can be thought of as "part two" of the green card application process.

Employment authorization

U.S. employers must check to ensure all employees, regardless of citizenship or national origin, are allowed to work in the United States. Having an Employment Authorization Document (Form I-766/EAD) is one way to prove that you are allowed to work in the United States for a specific time period.

Immigration Court

The immigration court system is the entity in which immigration judges conduct removal proceedings and adjudicate asylum claims for immigrants, among other responsibilities.

Prosecutorial Discretions

In general, prosecutorial discretion is the authority that an agency or officer has to decide what, if any, charges to bring against a party and how to pursue each case. In other words, it means that an agency can choose whether or not to file charges. In the immigration law context, prosecutorial discretion refers to the Immigration and Customs Enforcement (ICE) office and the power they have to discontinue working on a deportation case. If the office declines to pursue a case, it means that the office has favorably exercised prosecutorial discretion. Below we discuss the basics of prosecutorial discretion in the context of immigration.

Stays of Removal

A stay of removal (deportation) is an order that tells the Department of Homeland Security not to remove an immigrant from the United States. This stay can be granted either through ICE, the Board of Immigration Appeals (BIA), or federal court.

work permits

The application process for obtaining a U.S. work permit (also called an employment authorization document or EAD) is relatively straightforward. You need to fill out a one-page form, attach the fee, photos, and documents proving you're eligible, and submit it to U.S. Citizenship and Immigration Services (USCIS).

The catch, however, is making sure you are eligible. A work permit is available only to limited groups of immigrants, usually those who are in the process of applying for an adjustment of status (a green card) or who have some temporary right to be in the United States.

Adjustment of Status

Adjustment of Status is the process you can use to apply for lawful permanent resident status (also known as applying for a Green Card) when present in the United States. This means you may be able to get a Green Card without having to return to your home country to complete visa processing.

Cancellation of Removal

Cancellation of removal is an immigration benefit whereby permanent residents and nonpermanent residents may apply to an immigration judge to adjust their status from a deportable alien to one lawfully admitted for permanent residence, provided certain conditions are provided met.

DACA

Deferred Action for Childhood Arrivals (DACA) is a kind of administrative relief from deportation. The purpose of DACA is to protect eligible immigrant youth who came to the United States when they were children from deportation.

Green Cards

A green card, known officially as a permanent resident card, is an identity document that shows that a person has permanent residency in the United States. Green card holders are formally known as lawful permanent residents.

K-1; Fiance Visa

A K-1 visa is a visa issued to the fiancé or fiancée of a United States citizen to enter the United States. A K-1 visa requires a foreigner to marry their U.S. citizen petitioner within 90 days of entry or departing the United States.

Parent, Children, or Sibling petitions

U.S. citizens may petition for their spouse, children, parents, and siblings, while LPRs may petition for their spouse and unmarried children if you are a citizen or LPR hoping to petition on behalf of a loved one.

Refugee

In general, a Refugee is someone unable or unwilling to return to their country of origin due to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion.

Unaccompanied Minors/ Special Immigrant Juvenile

Special Immigrant Juvenile Status (SIJS) is a federal law that assists qualifying undocumented children in obtaining lawful permanent residency. We can assist the parent or care provider of an unaccompanied minor to identify if the minor qualify for SIJS.

VISA

Is endorsement made on a passport by the proper authorities denoting that it has been examined and that the bearer may proceed.

B-2 Visitor Visas 

B-2 visitor visas are nonimmigrant visas for persons traveling to the United States temporarily for tourism, pleasure, or visiting.

K-1; Fiancé Visa

A K-1 visa is a visa issued to the fiancé or fiancée of a United States citizen to enter the United States. A K-1 visa requires a foreigner to marry their U.S. citizen petitioner within 90 days of entry or depart the United States.

R-1 Visas: Religious Workers

An R-1 visa is available to a person who has been a member of a legitimate religious denomination for at least two years and has a job offer in the U.S. to work for an affiliate of that same religious organization. R-1 visas may be issued both to members of the clergy and to lay religious workers.

S- Visa; Witness in Criminal Proceeding 

The S nonimmigrant visa is a special visa available to those who assist law enforcement as witnesses or informants in a criminal investigation or prosecution. This visa allows the witness or informant to come to or remain in the United States during the criminal act's investigation or prosecution.

U-Visas: Victims of Criminal Activity 

To qualify for a U visa, a victim must submit a signed certification from a law enforcement official...The accreditation gives USCIS basic information about the criminal activity perpetrated against the victim and the victim's willingness to assist in the detection, investigation, prosecution, conviction, or sentencing.

Appeals

An appeal is a review of the trial court's application of the law. There is no jury in an appeal, nor do the lawyers' present witnesses or, typically, other forms of evidence. The court will accept the facts as they were revealed in the trial court unless a factual finding is clearly against the evidence's weight.

Citizenship

A United States citizen retains United States citizenship when becoming a citizen of another country, should that country's laws allow it.

Deportation Defense

This involves representing and advocating for immigrants facing deportation from the United States. For many immigrants facing removal from the United States, the process appears before an immigration judge in immigration court.

MarRiage Petitions

U.S. Citizens and permanent residents can sponsor spouses through a petition for a Green Card by marriage. Both the sponsor and the beneficiary will have to establish their eligibility. ... U.S. Citizens can sponsor spouses as "immediate relatives," which means that there is no need to wait for a visa to become available.

Naturalization

Naturalization is the legal act or process by which a country's noncitizen may acquire that country's citizenship or nationality. It may be done automatically by a statute, i.e., without any effort on the individual's part, or it may involve an application or a motion and approval by legal authorities.

Parole in Place

Parole in place allows a foreign national who came into the United States without authorization by an immigration officer to stay for a certain period of time. Parole in place is granted on a case-by-case basis for urgent humanitarian reasons or significant public benefit.

Removal of Conditions

Removal of conditions is the process by which the noncitizen spouse is granted full permanent resident status. To have the conditions removed, they must prove that they did not marry with the intent to evade U.S. immigration laws or agents.

Waivers of Inadmissibility

A finding or likelihood of being found inadmissible to the U.S. may not be the end of your hopes for a U.S. visa or green card. Many inadmissibility grounds allow applicants to apply for a waiver; in other words, "forgiveness" of the ground by the U.S. government.

VAWA: Victims of Abuse; Domestic Violence

If you are a victim of domestic violence, you have the right to be safe, regardless of your legal status in the United States. You may worry that you don't have the right to call the police if you are being abused, but that is not true.

When you contact the police about domestic violence, their duty is to protect you from your abuser. They are not supposed to call ICE to inform them you are in the United States without legal status.

If you are afraid of your abuser or think they may hurt you, you can go to court or the police to ask for a restraining order.