The legal team at Ashurova Law P.C. is committed to providing the highest quality legal representation to clients in all matters of immigration law, from visas to deportation defense. We are very familiar with all aspects of these laws and work to successfully navigate the complex federal system to help our clients resolve their specific issues.

 

1. Family Immigration

To get a green card through family-based immigration, you will need an eligible relative who is willing to sponsor you. This family member must already be a U.S. citizen or lawful permanent resident. You may face a significantly long wait if you are applying as a “family preference” relative. “Immediate relative” applicants receive priority and can request their visas as soon as their family petitions are processed.

We can assist those applying for permanent status in the United States through adjustment of status, and those applying for immigrant visas abroad in the following categories:

  • Spouse of a United States citizen;
  • Parent of a U.S. citizen over the age of 21;
  • Children of a U.S. citizen (though the children must be unmarried and below 21);
  • Preference Number 1: Adult children of U.S. citizens and their minor children;
  • Preference Number 2: Spouses, children under 18 and unmarried children (over 21) of legal permanent residents (LPRs);
  • Preference Number 3: Married children of U.S. citizens, their spouses and children;
  • Preference Number 4: Siblings of U.S. citizens, their spouses and children (petitioner must be over 21 years old).

 

2. Employment and Investment based immigration

You can get a green card through a U.S. employer if they are willing to sponsor you and can obtain a labor certification. You will need a job offer unless you have recognized extraordinary ability in your professional field or qualify for a National Interest Waiver. Professionals with advanced degrees, bachelor’s degrees, and varying levels of training can all potentially qualify for employment-based visas.

 

For foreign nationals seeking to obtain permanent legal residence, we offer representation for the following categories:

EB-1

Priority Workers

Aliens of extraordinary ability in the arts, sciences, business, education, or athletics; outstanding researchers or professors; and foreign executives/managers subject to transfer to the U.S..

EB-2

Persons of Exceptional Ability or Professionals possessing Advanced Degrees

Foreigners possessing exceptional ability in the arts, sciences, or business; foreign nationals that are advanced degree professionals; and qualified foreign doctors who will practice in an underserved area in the U.S.

EB-3

Skilled Workers

Aliens possessing bachelor’s degrees, skilled workers who have had at least 2 years training and experience, and unskilled workers

 EB-5

Immigrant Investor Program

You can also obtain permanent residence through investment if you provide at least $1,050,000 to a U.S.-based company (or $800,000 to a company in a preapproved rural or high-unemployment area). Your investment must generate (or in some cases protect) at least ten jobs.

 

For foreign nationals who seek a temporary work visa, we offer representation for the following non-immigrant visas:

H1-B

Visa for workers in specialty occupations

L-1

Visas for intra-company transfers from overseas to a U.S. affiliate

E-1

Treaty trader visas for executive managerial or specialized knowledge positions

E-2

Treaty investor visas for executive managerial or specialized knowledge positions

O-1

Visas for persons of outstanding abilities at the top of their fields

 

3.Nonimmigration Visas

A non-immigrant visa allows citizens of other countries to visit the United States on a temporary basis. There are different types of temporary visas that can be obtained, depending on the reason for your visit. They include visas for work, tourism, study, medical treatment and business. If you wish to enter the United States temporarily, you will need a visa, which is a legal document issued by the government.

The following are common Nonimmigrant Visas:

  • Business/Tourist Visa.
  • Work Visa.
  • Student Visa.
  • Exchange Visitor Visa.
  • Transit/Ship Crew Visa.
  • Religious Worker Visa.
  • Domestic Employee Visa.
  • Journalist and Media Visa.

 

4. Asylum & Refugee Protection

You may qualify for protection in the United States if you have faced persecution in your home country or reasonably fear future persecution if you return to your country of origin. This persecution must be due to your race, religion, nationality, political opinions, or membership in a particular social group. You will seek refugee status if you have fled your country of origin and are outside the United States. If you are already in the U.S., you can “affirmatively” seek asylum protection within one year of your entering the country. You can also “defensively” seek asylum at a U.S. port of entry or during removal proceedings.

To prove eligibility and win asylum protections, applicants must provide evidence of belonging to the protected category and evidence of persecution or abuse suffered due to being in that group.  The evidence is different in each case and may be anything relevant starting with certificates and membership documentation to medical reports, police subpoenas and reports, media publications and written witness letters.  You may also bring a witness or an expert to your hearing to testify in support of your asylum claims.

 

5. Deportation and Removal Defense

You could be targeted for removal from the United States if the government believes you do not have valid immigration status or if you violate a condition of your visa. You may receive an official summons called a “Notice to Appear” (NTA), or you might be arrested by immigration authorities. In either scenario, you will have an opportunity to request any relief you qualify for, even if an Immigration

Judge finds you deportable, there are various forms of relief from deportation including:

  • Adjustment of Status
  • Cancellation of Removal for Permanent Residents
  • Cancellation of Removal for Non-Permanent Residents
  • Asylum
  • Withholding of Removal
  • Convention against Torture
  • Voluntary Departure

 

6. Waivers

You could be not permitted to enter or obtain status in the United States on the grounds of inadmissibility. If eligible, you may apply for and obtain a waiver to overcome their inadmissibility.

To apply for a waiver for most inadmissibility factors, including those that are related to health, fraud, or a criminal conviction, Form I-601, Application for Waiver of Grounds of Inadmissibility should be submitted.

Currently the provisional waiver program authorized certain families remain together in the U.S. while United States Citizenship and Immigration Services (USCIS) reviews and decides upon an application for a waiver I-601A, for unlawful presence in the United States an immigration violation. To apply for a provisional waiver of unlawful presence, Form I-601A should be submitted.

 

7. SIJ

If you are in the United States and need the protection of a juvenile court because you have been abused, abandoned or neglected by a parent, you may be eligible for Special Immigrant Juvenile (SIJ) classification. If SIJ classification is granted, you may qualify for lawful permanent residency (also known as getting a Green Card).

 

Who is Eligible?

A child must be unmarried, under 21 years of age at the time of filing with U.S. Citizenship and Immigration Services (USCIS), physically present in the United States, and have a qualifying juvenile court order. The order must include the three following findings:

  • The child is dependent on the court, or legally committed to or placed under the custody of either a state agency or department, or an individual or entity appointed by a juvenile court.
  • Reunification with one or both of the child’s parents is not viable due to abuse, neglect, abandonment, or a similar basis under state law.
  • It would not be in the child’s best interest to be returned to his or her country of origin.

 

Once an order is obtained from a state Juvenile Court with the necessary declarations, SIJ status can be requested by filing Form I-360 with the United States Citizenship and Immigration Services (USCIS). There is no annual limit on the number of I-360 petitions that USCIS can approve.   USCIS may request an interview with the young applicant before making a decision, or may simply grant or deny the I-360 petition.  

A child admitted into the United States as an SIJ becomes a lawful permanent resident (green card holder). SIJs are never allowed to petition for a parent to come into the United States, regardless of whether that parent was abusive. Essentially, SIJs are treated as orphans and wards of the state.