Our Practices

Immigration

The First Step

The Department of Homeland Security (DHS) granted permanent residency status to 144,034 immigrants in 2009 based on their employability skills. As a matter of fact, the DHS has an annual quota for granting permanent residency to skilled workforce of different levels. Before you decide to immigrate to the U.S. based on your employment skills, ascertain first which category you fall into and take the next necessary steps.

Employment based permanent residency can be filed under five categories:

1. Priority Workers - People with extraordinary capabilities at the top of their field. Certain athletes, musicians, and so forth-from their fields or are decorated with civilian, literary, or academic awards fall under this category.
2. Professionals - Those with master's degrees or doctorates who have excelled in their field fall under this purview.
3. Skilled Workers - Employees with a bachelor's degree backed by considerable work experience fall under the this category.
4. Special Immigrants are those who either are religious workers, returning residents, and other special cases.
5. Investors or entrepreneurs can also be granted permanent residency due to their capabilities to create opportunities or jobs in the U.S.

Applying for Citizenship?

All permanent residents can apply for citizenship after five years (or three years if the person is married to a US citizen). In order to become a US citizen, you have to be able to read, write and speak some English. You also have to pass a criminal background check and a basic civics test. You must also have paid your taxes. There are exceptions to some of these requirements for some people (usually the elderly and disabled). .

Role of an Immigration Attorney

An immigration attorney plays a pivotal role right from the start of the immigration application to achieving U.S. citizenship. Your immigration attorney is vital if there are any unintended hiccups in between steps. When the law is changing or there is a clerical error, your lawyer should speak on your behalf. If the situation is grave, your lawyer will go to bat for you.

Detained by Immigration and Customs Enforcement?

If you are arrested by Immigration and Customs Enforcement, they will usually give you a bond. The bond can be for any amount from $1,500 and up. If the bond is paid (by a person with legal status in the United States) you will be released. In either case, you will receive a court date with an immigration judge. At that time, you will be asked if there is any reason why you should not be removed. If you have not consulted an attorney, most immigration judges will allow them a few weeks to do so. Do not delay in contacting an attorney. Generally, even people who have never had legal status in the United States are eligible to cancel their removal if they can show that they have good moral character, that they have been in the United States for at least the past 10 years, and that they have a parent, spouse or child who is a US citizen or lawful permanent resident who will suffer exceptional and extremely unusual hardship if you are removed.