The process of immigration can be long and daunting with the amount of administrative paperwork and requirements involved. Whether you are seeking status as a temporary visitor, permanent resident, citizenship, or defense against removal proceedings the Manhattan immigration attorneys from Roven Law Group possess extensive knowledge and experience to aid you every step of the way. We strive to provide the best personal and professional services to our clients.
Have a complicated immigration matter on your hands? Let our seasoned immigration lawyers in Manhattan help. Contact us online or call (646) 787-1433 for a consultation. We speak English, Spanish, French, and Chinese.
Which Visa Do You Need? We Can Help.
Visas allow a person to enter a foreign country legally. If you are entering the U.S. from another country, then you must apply for a visa that is tied to the reason for entering.
B-1 Visa for Business
This is a temporary business visitor visa that is typically used for business and tourism. It allows certain nonimmigrants who are visiting the U.S. for permissible business activities such as consulting with business associates, attending conferences, settling an estate, negotiating contracts, participating in short-term training, and more.
B-2 Tourist Visa
A type of nonimmigrant visitor visa for those who wish to enter the U.S. temporarily for tourism purposes. This includes: vacation, visiting socially, certain medical treatments, participation in amateur sports, music, and enrollment in a recreational course that will not be counted toward a degree (for example, taking a short-term cooking class while on vacation).
F-1 Student Visa
This nonimmigrant visa allows a full-time student to enter the U.S. for educational purposes. This covers levels of education from elementary through university, as well as seminary, conservatory, or other academic institutions. You have the opportunity work a part-time job (20 hours per week) or a full-time position during school holidays and vacations.
H-1B Specialty Occupations Visa
Allows foreign nationals to work in the U.S. in a “specialty occupation” for a temporary period of time. Only 65,000 H-1B visas are issued per fiscal year. To qualify, you must have:
- A job offer from an employer in the United States that requires specialty knowledge
- Proof of earning of bachelor's degree or equivalent related to the field
- U.S. employer must show that there is a lack of qualified applicants within the U.S.
L-1 Visa Intracompany Transfer Visa
This is another nonimmigrant visa which allows multinational companies to transfer a manager, executive, or person with specialized knowledge to a company in the United States. The company must be a branch, parent, subsidiary, or affiliate of the foreign company.
- If the visa is specifically be for a managerial or executive position, it is an L-1A visa (intracompany transferee executive or manager)
- An employee with specialized knowledge will use an L-1B visa (intracompany transferee specialized knowledge).
Note that this type of visa cannot be applied for via self-petition. The U.S. company must petition on behalf of the employee.
U Visa – For Victims of Crime
If you have suffered mental or physical injury due to being a victim of crime in the U.S., you may apply for this visa to temporarily stay in the U.S. to help law enforcement investigate the crime as well as provide testimony against the perpetrator. This visa includes domestic violence, stalking, sexual assault, felony assault, and more.
Have questions? Contact our Manhattan visa lawyers at (646) 787-1433 or complete our contact form.
How to Get Permanent Residency in the USA
Obtaining a green card will give you official immigration status or permanent residency in the United States. This status will allow you to live and work in the U.S. and you may travel to and from the U.S. more easily compared to those with other visas. Having a green card also brings you one step closer to becoming a naturalized citizen. Green cards may be obtained through family-based immigration, employment-based immigration, work authorization, and more.
Family-Based Permanent Residency
It may take 1 to 10 years depending on the wait time and yearly caps, but an immigrant may obtain a green card based on specific familial relationships:
- Immediate Relative -- spouse, minor child, or parent of a U.S. citizen
- First Preference (F1) -- unmarried sons and daughters who are 21 or older of U.S. citizens
- Second Preference (F2A) -- spouses and children (unmarried and under 21) of lawful permanent residents
- Second Preference (F2B) -- unmarried sons and daughters, 21 years of age and older, of lawful permanent residents
- Third Preference (F3) -- married sons and daughters of U.S. citizens
- Fourth Preference (F4) -- brothers and sisters of U.S. citizens. The citizen must be at least 21 years old.
Employment-Based Permanent Residency
Depending on the job position, it may take 1 year for visas that have low demand, and between 4 to 6 years for visas with high demand. Employer-sponsored green cards follow these preferences:
- First Preference (EB-1) – priority
- Aliens with extraordinary ability
- Outstanding professors or researchers
- Multinational managers or executives
- Second Preference (EB-2) – advanced degree or exceptional ability
- Third Preferences (EB-3) – skilled workers, professionals or other
Work Authorization or Employment Authorization Document (EAD)
EAD is a temporary work authorization card for individuals with pending applications for adjustment of status to legal permanent resident. You should apply for an EAD if you are authorized to work in the U.S. due to you immigration status or need to apply for permission to work.
If you were admitted to the U.S. as a conditional permanent resident because you were married for less than 2 years to a U.S. citizen or lawful permanent resident, then your conditional green card expires 2 years from when it was issued. It can’t be renewed. Your option is to apply to remove the conditions of residence within 90 days of your green card’s expiration date. Failure to do this may result in deportation.
For guidance with lawful permanent residency, speak with a Manhattan green card lawyer at Roven Law Group P.C. Call (646) 787-1433 to set up a consultation. We offer services in English, Spanish, French, and Chinese.
Becoming a U.S. citizen has more benefits than being a lawful permanent resident. As a citizen, you are protected from removal, if you have children under 18, they automatically become citizens after your naturalization, you can file petitions for additonal family members, you can apply for government jobs, have the freedom to travel, vote, and more!
There are four ways to get citizenship in the United States.
Citizenship Through Birth
If both of your parents are married and are U.S. citizens, then you are automatically a citizen through birth even if you were born outside the U.S. Even if only one of your parents is a U.S. citizen or they are unmarried, you can still acquire citizenship. Citizenship after birth is also a possibility if your situation meets the proper criteria. Some children may also become citizens through adoption.
Citizenship Through Naturalization
Apply for a green card via family-based or employment-based immigration, or as a refugee or asylee and if you are eligible, complete the naturalization process. Do not miss your biometrics appointment, pass the citizenship test, complete the citizenship interview, and take the Oath of Allegiance to become a U.S. citizen.
Citizenship Through Marriage
Apply for a green card, ensure that you complete all the residency requirements, apply for naturalization, prove that your marriage is not fraud during the marriage interview, complete a biometrics appointment and citizenship interview, and take the Oath of Allegiance at your naturalization ceremony.
Citizenship Through Military Service
If you served honorably in the United States armed forces, then you may be eligible to apply for naturalization. The requirements are similar to those with a green card. There is also a requirement of serving during a period of hostility or during peacetime. Complete your naturalization form and swear the Oath of Allegiance to the United States.
Need to know more about the ways to get citizenship? Call (646) 787-1433 to meet with an experienced Manhattan citizenship & naturalization lawyer at Roven Law Group, P.C. We are here for you!
How to Stop a Deportation Order
Removal or deportation proceedings are initiated when a person is caught entering the country illegally, when they overstay their visas, or when they are convicted of certain crimes. At Roven Law Group, our experienced Manhattan deportation lawyers can help defend you.
If you received a deportation order or are in deportation proceedings, not all is lost. Our attorneys can speak with you to thoroughly understand your situation and build a solid defense for keeping you in the United States.
Below are common defenses against deportation for those with no immigration status in the United States:
- If you know, in fact, that you are not deportable and are able to prove it, then you have the ability to contest what is on the Notice to Appear and argue that you are not removable as charged.
- If the Department of Homeland Security (DHS) charged you with being removable for the wrong reason, then there is a possibility that they do not have enough documentation to prove that you are deportable. If this is the case, you may ask the immigration court to close the case.
- You may ask the immigration judge what type of deportation relief you may qualify for. However, doing this means that you must be prepared to provide more details about your life so they can provide you with the proper options.
- Family-based Adjustment of Status -- To qualify, you must have entered the U.S. legally and have a family member with legal status living in the U.S.
- Asylum -- This protects those who have fled their home country for fear of persecution or future persecution.
- Withholding of Removal -- Similar to asylum and more difficult to obtain, however, if you are not eligible for asylum, this might apply to you. This defense has fewer benefits than asylum, but you may stay in the U.S. and get work authorization.
- Convention Against Torture (CAT) -- Protection under CAT only if it is “more likely than not” that your home country’s government or a group that the government cannot control will torture you.
- Cancellation of Removal For Persons Who Are Not Lawful Permanent Residents -- If you have been physically present in the United States for 10 years, this option may allow you to get a green card if you are able to show that your removal would cause “extremely unusual hardship” to a spouse, parent, or child who is a citizen or permanent resident.
If you or a loved one have received a Notice to Appear or are in removal proceedings, reach out to our deportation attorneys in Manhattan at Roven Law Group P.C. Deportation defense, although some options have been highlighted above, it may not be as simple as it seems. Working with a skilled immigration attorney who can spend time with you to fully understand your circumstances can provide you with the best defense for your case.
Have a complex immigration matter? Contact our Manhattan immigration lawyers via online form or by dialing (646) 787-1433 to schedule a consultation. Our services are available in English, Spanish, French, and Chinese.