Immigration Law Services

Learn more about the types of legal services offered

Humanitarian Asylum (Defensive) *Afghan Specialty

Humanitarian Defensive Asylum is a process where individuals facing removal from the United States apply for asylum in immigration court as a defense against deportation. It is sought by those who are already in the U.S. and subject to removal proceedings by the Department of Homeland Security (DHS) and is a way to seek protection from persecution or extreme hardship in their home country, rather than being forced to return. The process is initiated after a person is apprehended by immigration authorities or when their affirmative asylum application is referred to an immigration judge, and they are given a hearing to present their case to an immigration judge. 

    • Triggered by removal proceedings: Unlike affirmative asylum, which can be applied for by anyone physically present in the U.S., defensive asylum is sought only by individuals who are in the process of being removed and have been issued a Notice to Appear (NTA). 

    • Asylum as a defense: The application for asylum serves as a counterclaim to the government's attempt to remove the individual from the country. 

    • Court proceedings: The case is heard by an immigration judge, who will hear evidence and arguments from both the individual and the government attorney (from U.S. Immigration and Customs Enforcement - ICE). The individual may have the opportunity to call witnesses to support their case. 

Naturalization and Citizenship

Naturalization is the legal process that allows a foreign national to become a U.S. citizen after meeting specific requirements. To be naturalized, an individual must generally be a lawful permanent resident for a set period, meet English and civics knowledge requirements, and demonstrate good moral character before taking the Oath of Allegiance to the United States. Eligibility requirements for naturalization include being a lawful permanent resident for a minimum period of time. This minimum time period is typically 5 years but is 3 years for individuals who received their green cards through a bonafide marriage to a U.S. citizen. Citizenship by birth is acquired either by being born in the U.S. or by being born to U.S. citizen parents abroad.

Follow to Join 

Follow-to-join immigration is a process that allows certain family members of a principal immigrant to apply for visas after the principal applicant has already immigrated to the United States. This benefit is generally available to the spouse and unmarried children (under age 21) of a lawful permanent resident (LPR), a person who has been granted asylum status (asylee), or a person who is a refugee, provided the qualifying relationship existed before the principal applicant's own immigration was finalized. The specific process varies depending on the principal immigrant's status, requiring filings such as Form I-824 for LPRs or Form I-730 for asylees and refugees.

Humanitarian Parole *Afghan Specialty

Humanitarian parole is a temporary legal status that allows individuals outside the United States to enter for urgent humanitarian reasons or significant public benefit, such as medical emergencies, family reunification, or fleeing persecution. It is a discretionary process managed by the government, and individuals granted parole remain in a temporary, non-immigrant status, for a set period, often one to two years. They are required to leave the U.S. at the end of that term unless granted an extension or other legal status. To be eligible, applicants must pass government vetting, which includes national security and public safety checks.

Family Based Immigration

Family-based immigration allows U.S. citizens and lawful permanent residents (LPR) to sponsor certain relatives for a chance to live in the United States permanently as a Green Card holder. The process involves the sponsor filing a petition with U.S. Citizenship and Immigration Services (USCIS), proving the family relationship and meeting financial requirements. After the initial petition, the immigrant must complete a separate process that includes extensive background checks and an interview.

  • Timeline: The wait time to get a visa can range from several months to many years depending on the visa category and the country of origin. Immediate relatives of U.S. citizens generally have faster processing times.

Adjustment of Status to Lawful Permanent Resident/Green Card

Adjustment of status is the process that allows eligible individuals already within the United States to apply for a green card without having to leave the country and complete consular processing abroad. To qualify, individuals must meet the specific criteria and be physically and legally present in the United States. An approved petition must be filed by a U.S. Citizen or an employer on behalf of the individual seeking the green card.

Special Immigrant Visa (SIV) for Afghanistan and Iraq

The Special Immigrant Visa (SIV) program for Afghan and Iraqi nationals is for United States allies who were employed by or on behalf of the U.S. government and faced serious, ongoing threats in their home country as a result of that service. Requirements include having at least one year of qualifying employment and receiving a positive recommendation from a direct supervisor. The SIV is intended to provide a pathway to lawful permanent residence (a green card) for these allies and their families, acknowledging the risks they took to support U.S. missions.

Employment Authorization Document (Work Permits)

An Employment Authorization Document (EAD), or work permit, is a card issued by U.S. Citizenship and Immigration Services (USCIS) that provides temporary employment authorization to non-U.S. citizens. It serves as proof to employers that an individual is legally allowed to work in the United States for a specific time period. While an EAD allows for work authorization, it does not grant permanent residency or have the same privileges as a green card. Various non-citizens are eligible to apply for an EAD by filing Form I-765, including asylum seekers, refugees, those with parole status, certain foreign students, and those with a pending application for adjustment of status to become a lawful permanent resident.

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FAQs or Frequently Asked Questions

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  • The length of each person’s case varies greatly depending on a variety of factors including complexity of the case and policy changes to immigration law. Processing times depend on government agencies such as: 

    • U.S. Citizenship and Immigration Services (USCIS)—processes most applications for immigration benefits

    • Department of Homeland Security—manages deportation and immigration court

    • Department of State—includes U.S. consulates and embassies, which issue visas abroad

    • Department of Justice— the Executive Office for Immigration Review is the immigration court

  • No, there is no guarantee that your case will have a successful outcome ultimately due to reasons beyond our control. We will work hard to fight for you and advocate for you with compassion. 

  • While many legal processes are accessible to the general public, a knowledgeable and thorough attorney like myself can assist you in ensuring proper representation of your case.

  • Because the length of immigration law cases varies so greatly, we will update you with relevant communications based upon changes to the status of your case.

  • Immigration lawyers need to have proper legal training, excellent writing and communication skills, and official licensure and proper certifications.

  • Please schedule an initial consultation using the link on the button to the left. Please note you will need to prepare as many documents related to your immigration case as possible to the initial consultation meeting including passports, birth certificates, and travel documents.