(212) 220-6652
Individual and Family Immigration
Individual and Family Immigration

Individual and Family Immigration

I have the experience and know-how to develop custom tailored immigration solutions for your specific needs. I guide you through the family-based immigration process in securing a K-1 fiance visa or a family-based green card for your spouse, parent, or other family member. I help entrepreneurs and employees of technology companies, startups, hospitals, and colleges obtain employment-based visas and green cards in the United States. Whether you are an engineer, postdoctoral researcher, professor, athlete, fashion model, or medical professional, I devise customized immigration solutions for your particular situation. My individual and family-based immigration USA services include:

Family-Based Immigration USA

Family-Based Immigration USA

I regularly represent US citizens and permanent residents, and their foreign national relatives, through the family-based immigration process. If you are a US citizen or permanent resident, you may sponsor your family members for a family-based green card. Family-based immigration laws allow a US citizen to sponsor a marriage-based green card for a spouse, and a family-based green card for a child, parent, or sibling. A permanent resident of the US may sponsor a family-based green card for a spouse or child.

I serve as your trusted immigration lawyer and counselor while guiding you through the family-based immigration process. If you are a US citizen, I help you secure a family-based green card for your spouse, parent, child or sibling. If you are a permanent resident (green card holder), I advise you in obtaining a family-based green card for your spouse or child. I represent you in all family-based immigration USA categories, including:

Family-Based Green Card:

Immediate Relative

This family-based immigration category is reserved for spouses, unmarried children under the age of 21, and parents of US citizens. The immediate relative family-based immigration USA category is the fastest way to obtain US permanent residence through family-based immigration. There is no additional waiting period, besides the standard USCIS processing times, for the immediate relative family-based immigration USA category.

This family-based immigration category applies to unmarried sons and daughters of US citizens who are over the age of 21. Currently, there is a 7 year waiting period for this family-based immigration USA category.
This family-based immigration category is used by married sons and daughters of US citizens who are over the age of 21. Currently, there is a 12 year waiting period for this family-based immigration USA category.
This family-based immigration category is for brothers and sisters of US citizens. Currently, there is a 13 year waiting period for this family-based immigration USA category.
This family-based immigration category is reserved for spouses and unmarried children under the age of 21 of lawful permanent residents (green card holders). As a permanent resident you cannot petition for your married sons and daughters, who are over the age of 21, or your siblings. Currently, there is a 2 year waiting period for this family-based immigration USA category.
This family-based immigration category is for permanent residents (green card holders) who are sponsoring their unmarried sons and daughters who are over the age of 21. As a permanent resident you cannot petition for married sons and daughters over the age of 21 or your siblings. Currently, there is a 6 year waiting period for this family-based immigration USA category.

Fiance Visa – Family-Based Immigration:

K-1 Fiance Visa

If you are a US citizen who is engaged to a foreign national residing abroad, you can petition USCIS for a K-1 visa. Once the K-1 fiance visa is approved, your fiance will be allowed to enter the United States for 90 days for you to get married. Once married, your newly married spouse can apply for a family-based green card in the United States through the adjustment of status process.

If your K-1 fiance has children who wish to accompany your fiance to the United States, I help the children obtain a K-2 visa. The K-2 visa allows children of a K-1 fiance visa holder to enter the United States and apply for a family-based green card once their parent is married to the US citizen.

Removal of Conditions - Family-Based Immigration:

  • Removal of Conditions on Marriage-Based Green Card – If you secured your family-based green card based on marriage to a US citizen spouse to whom you had been married less than 2 years, you received a conditional green card valid for 2 years. Conditional green cards are issued to prevent fraudulent marriages. At the end of the 2 year conditional period, you must file an application to remove conditions proving that you are in a good faith marriage. Once your petition to remove conditions is approved, you receive a 10 year family-based green card. Normally, the application to remove conditions is filed jointly with the US citizen spouse. However, in some cases this is impossible, for example, when a couple has separated or divorced during the 2 year conditional period. I regularly represent couples in joint applications to remove conditions. I also have experience obtaining waivers of the joint filing requirement for individuals who were in a good faith marriage but have divorced during the 2 year conditional green card period.

EB-1 Immigration and National Interest Waiver Immigration

EB-1 Immigration & National Interest Waiver Immigration

In some cases you do not need a sponsoring US employer to secure an employment-based green card. You may be able to self-sponsor if you intend to continue to be employed in your field in the United States. For example, if you are an individual of extraordinary ability in your field of endeavor you may qualify for an EB-1A green card. Similarly, if you are a professional holding an advanced degree and your field is in the US national interest, you may qualify for an EB-2 National Interest Waiver green card, or NIW green card. I help you determine whether you qualify for an EB-1 green card or EB-2 NIW green card. If you are eligible to apply, I devise a customized immigration strategy for you to obtain an EB-1 green card or a National Interest Waiver green card. My employment-based immigration services for individuals include:

EB-1A Extraordinary Ability Green Card

The EB-1-A category is one of the fastest ways of obtaining a green card because you do not need a job offer from a US employer and do not have to go through the lengthy PERM Labor Certification process. In order to qualify for an EB-1A green card, you must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.

If you are a professor or researcher who is recognized internationally for your achievements in your academic field, you may qualify for an EB-1B green card. This category does not require a PERM Labor Certification, but requires a qualifying job offer from a US employer.
The EB-1C category is a fast way of securing permanent residence because it does not require a PERM Labor Certification. To qualify for this category, you must have been employed in an executive or managerial capacity for a company affiliated with the US employer for one of the preceding three years. You must also hold an employment offer for a managerial or executive position from the US company.
You could qualify for this category, if you hold an advanced degree or have exceptional ability in the sciences, arts, or business, and your work in your field of endeavor would benefit the US national interest. The EB-2 NIW category does not require a job offer from a US employer nor a PERM Labor Certification. This makes the EB-2 NIW green card one of the fastest ways of obtaining permanent residence in the United States.

US Citizenship Lawyer and Naturalization Lawyer

US Citizenship Lawyer & Naturalization Lawyer

Are you a US permanent resident (green card holder) who is considering applying for US citizenship? As an experienced US citizenship lawyer, I have helped numerous permanent residents (green card holders) apply for citizenship. I am a naturalized US citizen and personally went through the citizenship application and naturalization process. I understand your worries and anxieties regarding the US citizenship application process.

You may be eligible for naturalization if you are at least 18 years of age and have been a permanent resident of the United States for at least 5 years, or for at least 3 years during which time you have been married to and living with a US citizen spouse. You may also be eligible to obtain US citizenship if you have honorably served in the US military.

In addition to the above requirements, to apply for US citizenship you must meet the following requirements: (1) have lived within the state or USCIS district with jurisdiction for at least 3 months prior to the date of filing your US citizenship application; (2) have continuously resided in the US as a green card holder for 5 years, or 3 years if married to a US citizen; (3) have been physically present in the US for at least 30 months, 18 months if married to a US citizen; and (4) have been a person of good moral character and pass an English language, US history, and civics test.

As an experienced US citizenship lawyer, I determine your eligibility to apply for naturalization. I also have the understanding of US citizenship laws to help you overcome obstacles to naturalization, including past criminal convictions or significant periods of time spent outside the United States as a permanent resident.


Case Expediting & Delay Litigation

Has your case been pending with USCIS for a long time? Have you repeatedly tried to call and continue to be told to patiently wait? You may be able to expedite the processing of your application by filing a Petition for a Writ of Mandamus in Federal District Court. As a Trial Attorney at the US Department of Justice, I defended USCIS in Federal District Court litigation challenging excessive delays in case processing. I have the necessary knowledge and experience to help you obtain a long awaited decision from USCIS on your case. My immigration case expediting and immigration delay litigation services include:

  • Mandamus – I file Petitions for a Writ of Mandamus with Federal District Courts to force USCIS and other government agencies to adjudicate long pending cases.
  • USCIS Case Inquiry & Service Center Requests – I file case inquiry and Service Center requests on your behalf with USCIS to expedite the processing of your case.
  • FOIA - Freedom of Information Act Requests - Sometimes case delays are caused due to your past immigration history. I file requests under the Freedom of Information Act (FOIA) with government agencies to obtain information regarding your immigration case and immigration history. Obtaining your immigration case file from the government often explains the reason behind delays in case processing. Once the reason for the delay is identified, I help you address the issue and obtain the immigration benefit you seek.

Waiver of Inadmissibility

Your past actions may bar you from being able to qualify for a visitor visa, work visa, or even a green card. In some cases, you can make a request to the government to forgive your past action. This is known as a waiver of inadmissibility. As an experienced inadmissibility waiver lawyer, I advise you on whether you qualify for a waiver. I also prepare and file your waiver application on your behalf. Inadmissibility waivers I regularly advise on, include:

  • J-1 Waiver including Exceptional Hardship Waiver of Two-Year Home Residency Requirement.
  • Unlawful Presence Waiver including form I-601A Provisional Unlawful Presence Waiver.
  • Waiver Due to Criminal or Other Violations including I-601 Waiver of Grounds of Inadmissibility.
  • Nonimmigrant Waiver including waivers under INA § 212(d)(3), also known as Hranka waiver.

Immigration Litigation and Appeals

Immigration Litigation and Appeals

I use my federal court and immigration litigation experience gained as a Trial Attorney at the US Department of Justice to represent you before courts and administrative tribunals. I represent clients before US Federal District Courts, US Federal Courts of Appeal, the USCIS Administrative Appeals Office (AAO), the Board of Immigration Appeals (BIA), and immigration courts nationwide. My immigration litigation services include challenging unfair agency decisions and defending you from deportation in immigration court.

  • Appeals of Agency Decisions – A denial of your application for a family-based green card, citizenship, employment-based visa, or family-based visa, does not mean that your case is over. You can challenge unfair or incorrect USCIS decisions in Federal District Court, the USCIS Administrative Appeals Office, or the Board of Immigration Appeals. As your trusted immigration lawyer, I represent you in appeals and challenges of wrongful agency decisions before all tribunals.
  • Detention Release & Bond Hearings – I have helped numerous individuals win their freedom from immigration detention. I use my immigration litigation experience to fight for your right to be released from US Immigration and Customs Enforcement (ICE) custody. I represent you in detention and bond hearings in immigration court. If you, or your family member, have been detained for an extended period of time, I file Petitions for Writs of Habeas Corpus in Federal District Court to secure your release from detention.
  • Deportation Defense – I understand that the possibility of deportation is terrifying. I represent you before immigration courts, the Board of Immigration Appeals, the USCIS Administrative Appeals Office, Federal District Courts, and Federal Courts of Appeal to help you obtain the relief from deportation you deserve, including cancellation of removal and asylum.
  • Denaturalization Defense – Have you received notice that a lawsuit will be filed against you threatening to revoke your US citizenship because you concealed a fact or lied during your green card application? I use my federal litigation and denaturalization litigation experience gained at the US Department of Justice to defend you in Federal District Court and help you maintain your US citizenship.

Asylum Lawyer

Asylum Lawyer

I help you obtain Asylum or Withholding of Removal and Protection under the UN Convention Against Torture in the United States.

A foreign national may be eligible for asylum if she is unable or unwilling to return to her home country because of past persecution or a well-founded fear of persecution on account of: race, religion, nationality, membership in a particular social group, or political opinion. The foreign national seeking asylum bears the burden of proving past persecution or a well-founded fear of future persecution. You may apply for asylum when you are arriving in the United States at the port of entry, such as an airport, border crossing, or seaport. Alternatively, if you are already in the United States, you must file an application for asylum within one year of your arrival in the US. Exceptions exist that allow you to file an asylum application after this one year period.

Your immediate family members, such as your spouse and unmarried children under the age of 21, may also be eligible for asylum and all asylum related benefits, including work authorization. In order to ensure your immediate relatives are eligible for your asylum benefits you must expressly name them in your asylum application.

As an experienced immigration lawyer, I advise you and guide you through the asylum application process. I also have the necessary immigration litigation experience to advocate for you and represent you regarding your asylum application in immigration court.

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One World Trade Center, Suite 8500

New York, NY 10007

(212) 220-6652

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170 Meeting Street

Charleston, SC 29401

(843) 779-6607

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(212) 220-6652

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