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ASSISTING IMMIGRANTS IN DEFENDING AND LEGALISING IMMIGRATION STATUS IN THE UNITED STATES

 

IMMIGRANT VISAS
IMMIGRATING TO ANOTHER COUNTRY IS A COMPLEX AND DIFFICULT DECISION. FOREIGN NATIONALS WHO WISH TO LIVE PERMANENTLY IN THE UNITED STATES MUST FIRST OBTAIN AN IMMIGRANT VISA. THIS IS THE FIRST STEP TOWARDS LEGAL PERMANENT RESIDENCE (THE "GREEN CARD").

 

ASYLUM AND REFUGEE
SEEKING PROTECTION FROM YOUR OWN COUNTRY IS OFTEN A DEVASTATING AND TERRIBLE ORDEAL. OUR OFFICE HAS OVER TWENTY YEARS OF EXPERIENCE APPLYING FOR ASYLUM FROM TRAUMA AND PERSECUTION THAT CLIENTS HAVE EXPERIENCED IN THEIR HOME COUNTRIES BASED ON THEIR POLITICAL BELIEFS, RELIGIOUS BELIEFS, NATIONALITY, RACE, FGM (FEMALE CIRCUMCISION), MEMBERSHIP IN A PARTICULAR GROUP, OR FEAR OF TORTURE BY THEIR OWN GOVERNMENTS. OUR ATTORNEYS ARE ALSO EXPERIENCED IN DEFENDING AGAINST THE LOSS OF ASYLUM DUE TO CHANGES IN CIRCUMSTANCES, NEWLY OBTAINED INFORMATION, OR AN UNFORTUNATE EVENT REQUIRING THE RETURN TO THE COUNTRY OF PERSECUTION.

 

DIVERSITY VISA
ALSO KNOWN AS THE "LOTTERY", THE DIVERSITY VISA PROCESS IS EXTREMELY COMPLICATED AND COMES WITH A STRICT DEADLINE THAT, IF NOT MET, CAN INVALIDATE YOUR ABILITY TO OBTAIN PERMANENT RESIDENCE COMPLETELY. OUR EXPERIENCED ATTORNEYS CAN HELP YOU, WHETHER YOU ARE IN THE UNITED STATES OR STILL IN YOUR HOME COUNTRY, BY PREPARING THE NECESSARY APPLICATIONS, HELPING YOU TO GATHER THE SUPPORTING DOCUMENTS, AND CONTACTING THE APPROPRIATE OFFICES TO MAKE SURE YOUR APPLICATION IS DECIDED IN TIME.

 

RELATIVE PETITIONS
BEING SEPARATED FROM A RELATIVE IS ONE OF THE MOST DIFFICULT TIMES OF YOUR LIFE. AT THE LAW OFFICE OF JAMES A ROBERTS, PLLC OUR ATTORNEYS HELP FAMILY MEMBERS PETITION FOR OTHER FAMILY MEMBERS TO PERMANENTLY RESIDE IN THE UNITED STATES. OUR WORK INCLUDES ASSISTING WITH FIANCE(E) VISAS; REPRESENTING THE FAMILY MEMBERS OF PEOPLE WHO HAVE BEEN GRANTED ASYLUM; AND THE SPOUSES, CHILDREN, PARENTS, AND SIBLINGS OF PEOPLE WHO HAVE RELOCATED TO THE UNITED STATES. OUR OFFICE ASSISTS CLIENTS THROUGH ALL PHASES OF THE APPLICATION, FROM THE ACTUAL RELATIVE PETITION THROUGH THE PERMANENT RESIDENCE APPLICATION. WE WORK WITH CONSULATES AND CLIENTS ALL OVER THE WORLD AND ARE KNOWLEDGEABLE ABOUT HOW TO PRESENT THE BEST POSSIBLE CASE. WE CAN ALSO HELP PREPARE OUR CLIENTS FOR INTERVIEWS ABROAD, AS KNOWING WHAT TO EXPECT CAN ALSO MAKE A CRITICAL DIFFERENCE IN A CASE.

 

PERMANENT RESIDENCE
ALSO KNOWN AS A "GREEN CARD", LAWFUL PERMANENT RESIDENCE IS THE ABILITY TO LIVE AND WORK IN THE UNITED STATES. THERE ARE SEVERAL DIFFERENT WAYS TO OBTAIN A GREEN CARD. FOR EXAMPLE, YOU MAY PURSUE A GREEN CARD THROUGH A RELATIVE PETITION, THROUGH AN EMPLOYER, THROUGH THE DIVERSITY VISA PROCESS (LOTTERY), OR EVEN THROUGH ASYLUM. THE LAW OFFICE OF JAMES A ROBERTS, PLLC EXCELS AT PERMANENT RESIDENCE APPLICATIONS, AS WE BELIEVE THE KEY TO SUCCESS IS BY PREPARING EVERYTHING CORRECTLY THE FIRST TIME.

 

NATURALIZATION
OBTAINING UNITED STATES CITIZENSHIP IS OFTEN THE LAST, DREAMED OF STEP FOR EVERY IMMIGRANT BEFORE THEY KNOW THEIR LONG ROAD WITH IMMIGRATION IS COMPLETE. THE LAW OFFICE OF JAMES A ROBERTS, PLLC HAS SIGNIFICANT EXPERIENCE WITH COMPLICATED NATURALIZATION MATTERS, INCLUDING CASES INVOLVING PAST CRIMINAL ISSUES, RETURN TRAVEL TO A COUNTRY OF PERSECUTION, BARS INVOLVING ACCUSATIONS OF MATERIAL SUPPORT TO TERRORIST ORGANIZATIONS, AND EXTENDED TIME SPENT OUTSIDE THE UNITED STATES.

 

CONSULAR PROCESSING
WHEN PROCESSING IMMIGRATION APPLICATIONS AT THE EMBASSIES AND CONSULATES, MANY POTENTIAL IMMIGRANTS FEEL LOST, DESPERATE, AND ALONE. OUR ATTORNEYS AT THE LAW OFFICE OF JAMES A ROBERTS, PLLC ARE COMFORTABLE COMMUNICATING WITH CLIENTS ELECTRONICALLY, EVEN VIA VIDEO CONFERENCE, TO ASSIST THEM IN IMMIGRATING TO THE UNITED STATES. WE HAVE WORKED WITH CONSULATES AND CLIENTS ALL OVER THE WORLD AND ARE KNOWLEDGEABLE ABOUT HOW TO PRESENT THE BEST POSSIBLE CASE.

 

DEPORTATION AND REMOVAL DEFENSE
BEING TOLD THAT YOU HAVE BEEN PLACED IN REMOVAL OR DEPORTATION PROCEEDINGS IS OFTEN THE MOST TERRIFYING NEWS YOU CAN HEAR. MANY OF OUR CLIENTS HAVE SPENT SO LONG OUT OF THEIR COUNTRIES THAT THE IDEA OF RETURNING IS DISORIENTING AND GRIM. OUR ATTORNEYS AT THE LAW OFFICE OF JAMES A ROBERTS, PLLC HAVE SIGNIFICANT EXPERIENCE WITH CLIENTS IN REMOVAL OR DEPORTATION PROCEEDINGS AND CAN OFTEN ASSIST THEM IN PRESENTING A DEFENSE TO THEIR REMOVAL, WHETHER IT BE AN APPLICATION FOR RELIEF, AN ARGUMENT AGAINST THE LOSS OF THEIR PERMANENT RESIDENCE, TERMINATING PROCEEDINGS COMPLETELY, OR EVEN JUST A REQUEST TO DEPART.

 

CANCELLATION OF REMOVAL
CANCELLATION OF REMOVAL IS OFTEN KNOWN AS THE (TEN YEAR RULE) - IT TYPICALLY INVOLVES PERSONS WHO HAVE BEEN IN THE UNITED STATES FOR TEN YEARS WITHOUT BEING PUT INTO REMOVAL PROCEEDINGS, HAVE A GOOD HISTORY WITH LITTLE TO NO CRIMINAL ISSUES, AND HAVE EXTRAORDINARY TIES TO AT LEAST ONE U.S. CITIZEN OR LEGAL PERMANENT RESIDENT WHO NEEDS THEM TO STAY IN THE UNITED STATES. A GRANT OF CANCELLATION OF REMOVAL ALSO ALLOWS A PERSON TO REMAIN IN THE UNITED STATES WITH LEGAL PERMANENT RESIDENCE (GREEN CARD). OUR ATTORNEYS AT THE LAW OFFICE OF JAMES A ROBERTS, PLLC ARE EXPERIENCED WITH PRESENTING COMPLEX CANCELLATION OF REMOVAL APPLICATIONS, BOTH FOR NON-PERMANENT RESIDENTS AND PERMANENT RESIDENTS WHO ARE AT RISK OF LOSING THEIR RESIDENCE IN THE UNITED STATES.

 

WAIVERS
EVEN A MINOR CRIMINAL ISSUE CAN DRASTICALLY AFFECT A PERSON'S CHANCES AT REMAINING IN THE UNITED STATES IN LEGAL STATUS. OUR ATTORNEYS AT THE LAW OFFICE OF JAMES A ROBERTS, PLLC OFTEN WORK IN TANDEM WITH YOUR CRIMINAL ATTORNEY TO DEVISE A METHOD TO RESOLVE YOUR CRIMINAL MATTER WITH MINIMAL OR NO IMPACT ON YOUR IMMIGRATION STATUS. EVEN IN THE EVENT THAT A CRIMINAL ISSUE MAY HAVE AN IMPACT, OUR ATTORNEYS ARE ALSO EXPERIENCED IN PRESENTING WAIVERS TO USCIS, THE IMMIGRATION COURT, AND CONSULAR OFFICES ABROAD. IF YOUR FAMILY MEMBERS NEED A WAIVER FOR PRIOR DEPORTATION, CRIMES, FRAUD, UNLAWFUL PRESENCE, OR HEALTH-RELATED GROUNDS, WE CAN HELP YOU.

 

PETITIONS FOR ABUSE VICTIMS
IMMIGRANTS CAN BE PARTICULARLY VULNERABLE TO CRIMES LIKE HUMAN TRAFFICKING, DOMESTIC VIOLENCE, AND ABUSE. THIS IS OFTEN BECAUSE IMMIGRANTS HAVE A LANGUAGE BARRIER, ARE SEPARATED FROM THEIR FAMILIES AND OTHER TYPES OF SUPPORT, CULTURAL DIFFERENCES, AND A LACK OF UNDERSTANDING OF UNITED STATES CRIMINAL AND IMMIGRATION LAWS. VICTIMS OF DOMESTIC ABUSE BY U.S. CITIZEN OR LEGAL PERMANENT RESIDENT SPOUSES OR PARENTS MAY BE ELIGIBLE FOR A SPECIAL TYPES OF VISA THAT ALLOWS THEM TO REMAIN IN THE UNITED STATES PERMANENTLY. OUR ATTORNEYS ARE EXTREMELY SENSITIVE TO THESE TYPES OF MATTERS AND HELP VICTIMS THROUGH THE IMMIGRATION PROCESS WITH AS MUCH EASE AS POSSIBLE.

 

EMPLOYMENT BASED (EB-1A) - EXTRAORDINARY ABILITY
EXTRAORDINARY ABILITY VISA MAKES PERMANENT RESIDENCE IN THE UNITED STATES AVAILABLE TO INDIVIDUALS WHO CAN DEMONSTRATE THAT THEY HAVE REACHED TO THE VERY TOP OF THEIR FIELD OF ENDEAVOR AND WHOSE ACCOMPLISHMENTS HAVE BEEN RECOGNIZED NATIONALLY AND INTERNATIONALLY. SUCH INDIVIDUALS DO NOT NEED AN EMPLOYER TO SPONSOR THEM IN THIS PROCESS AND NO PERM LABOR CERTIFICATION IF REQUIRED FOR THIS CATEGORY.
ANY ALIEN LIVING IN THE UNITED STATES OR A FOREIGN COUNTRY CAN APPLY IN THIS CATEGORY IF HE/SHE HAS EXTRAORDINARY ABILITY IN THE FIELDS OF SCIENCES, ARTS, EDUCATION, BUSINESS OR ATHLETICS WHICH HAS BEEN DEMONSTRATED BY SUSTAINED NATIONAL OR INTERNATIONAL ACCLAIM AND HIS/HER ACHIEVEMENTS HAVE BEEN RECOGNIZED IN THE FIELD THROUGH EXTENSIVE DOCUMENTATION.
THE EB-1A VISA CATEGORY IS HIGHLY SCRUTINIZED BY THE U.S. CITIZENSHIP AND IMMIGRATION SERVICES AND EXTENSIVE DOCUMENTATION NEED TO BE SUBMITTED IN SUPPORT OF THIS CATEGORY. EXPERIENCED ATTORNEYS AT THE LAW OFFICE OF JAMES A ROBERTS, PLLC WILL ASSIST YOU IN GATHERING THE NECESSARY SUPPORTING DOCUMENTS AND HELP YOU THROUGHOUT THE APPLICATION PROCESS.

 

EMPLOYMENT BASED (EB-1B) - OUTSTANDING RESEARCHER/PROFESSOR
OUTSTANDING RESEARCHER OR PROFESSOR EB-1B VISA IS FOR ALIENS WHO ARE INTERNATIONALLY RECOGNIZED AS OUTSTANDING IN A SPECIFIC ACADEMIC AREA. IN THIS CATEGORY, A QUALIFYING EMPLOYER CAN APPLY AND OBTAIN A GREEN CARD FOR AN ALIEN EMPLOYEE WHO HAS AN ESTABLISHED RECORD OF DISTINGUISHED WORK IN HIS OR HER FIELD. THE ADVANTAGE OF THIS CATEGORY IS THAT THE NORMAL REQUIREMENT OF A TEST OF THE U.S. LABOR MARKET AND FILING PERM LABOR CERTIFICATION ARE NOT REQUIRED. THE OUTSTANDING RESEARCHER OR PROFESSOR, HOWEVER, MUST HAVE THE SPONSORSHIP OF HIS/HER EMPLOYER THROUGHOUT THE PROCESS AND CANNOT SELF-SPONSOR HIM/HERSELF LIKE THE EB-1A, EXTRAORDINARY ABILITY CATEGORY.
THE EB-1B VISA CATEGORY IS HIGHLY SCRUTINIZED BY THE U.S. CITIZENSHIP AND IMMIGRATION SERVICES AND EXTENSIVE DOCUMENTATION NEED TO BE SUBMITTED IN SUPPORT OF THIS CATEGORY. OUR EXPERIENCED ATTORNEYS AT THE LAW OFFICE OF JAMES A ROBERTS, PLLC WILL GUIDE YOU TO COLLECT ALL THE NECESSARY DOCUMENTS AND ASSIST YOU IN EVERY STEP OF THIS PROCESS.

 

PERM PROCESS
PROGRAM ELECTRONIC REVIEW MANAGEMENT (PERM) OR PERM LABOR CERTIFICATION PETITION IS A PROCESS BY WHICH AN ALIEN, AND HIS OR HER FAMILY MEMBERS, MAY OBTAIN THEIR GREEN CARD BASED ON THE PETITION OF A U.S. EMPLOYER. A FOREIGN WORKER WILL GET A GREEN CARD THROUGH HIS/HER EMPLOYER SPONSOR ONLY AFTER A TEST OF THE U.S. LABOR MARKET TO DETERMINE THAT THERE ARE NO WILLING AND QUALIFIED U.S. WORKERS AVAILABLE TO PERFORM THE JOB DUTIES OF THE POSITION. THE EMPLOYMENT-BASED PREFERENCE CATEGORIES THAT REQUIRE PERM LABOR CERTIFICATION ARE EB-2 AND EB-3.
PERM IS A LENGTHY AND COMPLICATED PROCESS. OUR EXPERIENCED ATTORNEYS AT THE LAW OFFICE OF JAMES A ROBERTS, PLLC WILL HELP YOU THROUGH EACH AND EVERY STEP OF THIS PROCESS.