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Immigration Lawyer
NYC Immigration Attorneys
The United States welcomes thousands of new immigrants in various legal categories each and every year. Many seek out life in the United States because of the viability of the economy and the ability to pursue gainful employment. Others come to study or to escape from the immense hardships of life in other corners of the world. Despite an individual’s reasons for immigrating to New York, it’s important for them to have a skilled NYC immigration lawyer on their side.
The attorneys at the Law Offices of Robert Tsigler, PLLC, have years of experience helping clients navigate the often-difficult realm of New York’s immigration laws. We know what could be at stake when you are facing immigration proceedings and the other issues that commonly interfere with immigration in New York City. If you need assistance with immigrant visas, citizenship, or legal issues related to your green card, we can help. Our team can also provide comprehensive defense counsel if you are facing deportation.
How Much Does It Cost to Hire an Immigration Attorney in NYC?
The anticipated cost of legal fees unfortunately deters many people from seeking defense counsel when they need it most. They may also refrain from securing legal representation in immigration proceedings because they believe they can handle these legal issues on their own. Investing in the services of an experienced immigration lawyer can be invaluable for you and your family. If you are concerned about the possible cost of your legal fees, take time to learn a potential attorney’s billing policies and determine how much time they will need to devote to your case to estimate how much your legal fees might cost.
When it comes to defense counsel, the level of personal attention you can expect from a private New York immigration and criminal defense attorney is valuable. When you and your loved ones risk losing immigration status, deportation, or even criminal prosecution related to your immigration, it’s crucial to secure legal counsel you can trust.
Our New York immigration attorney offers the following services for immigrants and their families:
- Deportation and removal defense. All criminal codes of the United States and those of New York provide separate provisions for citizens and non-citizens. Unfortunately, non-citizens facing deportation do not have the same level of legal rights as citizens, and if they face criminal prosecution it is very likely for deportation to come into play. The Law Offices of Robert Tsigler, PLLC, can help you and your loved ones craft a solid defense that can potentially help you avoid deportation. Even if you have held a green card in the US for several years, some criminal charges could entail a penalty of mandatory detention in an immigration facility or deportation to your home country. Our team will do everything we can to help you qualify for relief from removal.
- Asylum. The United States offers international citizens safe haven from persecution in their home countries. If you and your loved ones have fled a war-torn country or face severe persecution for your ethnicity or religious beliefs, the US can provide asylum and help your family enjoy a fresh start. We can help you navigate the complex legal proceedings that qualifying for asylum entails.
- Family-based petitions. The Immigration and Nationality Act of the United States provides a streamlined process for international relatives of US relatives and legal permanent relatives to formally immigrate to the US. Our firm will help you complete your required paperwork and, if necessary, provide legal counsel during your immigration proceedings. We will assist you with all sponsorship documentation and guide you through your proceedings, ideally securing approval for your family-based petition much more quickly than you could manage without a New York immigration attorney.
Immigration to the United States and the path to citizenship are widely shared dreams among many members of the international community across the world. No matter where you and your family originated, the Law Offices of Robert Tsigler, PLLC, will help you navigate the complex immigration proceedings you likely face as you work toward securing the immigration status you need to realize your dreams of legally residing in the United States.
Coming to the United States
Those who come from abroad and wish to reside in the United States may qualify to legally stay in the United States if they can prove their ability to legitimately meet the criteria of one seeking asylum or by applying via a family-based petition.
Asylum is a right granted to those who suffer persecution based on their race, ethnicity, religion, social membership, or political opinion in their country of origin. Applicants who meet these criteria must file a Form I-589 to be approved by the USCIS.
The U.S. Department of State also allows for immediate relatives of citizens, including spouses, unmarried minor children, children adopted abroad, and parents of a citizen to live in the United States after filing and the approval of a family-based petition. The Department of Immigration also allows a specific number of family preference visas each year.
No matter what reasons you and your loved ones may have for immigrating to the United States, it is vital to understand the laws and procedures in place in New York City, so you can have the smoothest immigration experience possible.
Unfortunately, many individuals encounter problems with their immigration processes and may even face criminal prosecution for certain immigration policy violations. It is also possible for an individual who has completed some immigration proceedings to face deportation for unrelated activities. In these situations, it’s possible for deportation to come into play.
The Law Offices of Robert Tsigler, PLLC, can help our immigration clients approach deportation cases with confidence, and we will do everything we can to reduce the chance of you and/or your family members facing deportation.
Grounds for Deportation in New York
To qualify for residency status or naturalization in the US, an immigrant must maintain a clear criminal record. Conviction of any criminal offense may not only interfere with immigration proceedings, but it could also lead to deportation if the offense is severe enough.
Typically, conviction of any violent crime, human trafficking offense, and certain other felonies can be sufficient for deportation. Conviction of less severe criminal offenses may not necessarily lead directly to deportation, but these matters can interfere with ongoing immigration proceedings.
How Can a NYC Immigration Lawyer Help Me Fight Deportation?
The New York immigration attorneys at the Law Offices of Robert Tsigler, PLLC, not only have extensive experience helping clients navigate the immigration laws of the US and of New York, but also years of experience with a wide spectrum of criminal defense cases. You could face criminal charges that jeopardize your immigration status, in which case you need a defense attorney who can help you fight the charges you face and assist in maintaining your immigration status.
We will work closely with you to determine the best available path of defense. If your immigration proceedings are interrupted in any way due to criminal case proceedings, you can rely on our team to provide detail-oriented guidance through every stage of both sides of your case.
How Do You Bring Your Spouse to the United States?
If you are an American citizen or a lawful permanent resident in New York, you can use the family immigration pathway to bring your spouse to the United States to live with you. In order to qualify for bringing your spouse to the United States, you cannot have been convicted of a crime listed under the Adam Walsh Act, which includes offenses such as child abuse and spousal violence crimes.
Depending on whether you are a lawful permanent resident or a US citizen, the process for bringing your spouse to live with you in New York may vary. However, you can generally expect to take the following steps:
- File an Application. You will need to file the form I-130, or “Petition for Alien Relative,” and the form I-485, or “Application to Register Permanent Resident or Adjust Status.” Depending on your particular situation, it may be advisable to file additional forms, such as an I-131 or I-765. Each of these forms plays a vital role in your spouse’s ability to move here and should be filled out with the help of a lawyer.
- Initial Case Processing Begins. After your I-130 form has been approved, your case will be transferred to the National Visa Center, where information will be gathered for your spouse’s initial interview. Once processing is finished, the case will be moved to the National Consulate Office, which is located where the US spouse is currently residing.
- Spouse Submits Visa Application. After the initial forms have been approved, the US-based spouse will need to apply for a family-based visa with the US embassy or consulate in their place of residency.
- Produce an Affidavit of Support. As part of the application process, you will need to show that you have the financial means to support your spouse when they move to New York. This includes covering expenses related to housing and healthcare.
- Spouse Attends Interview and Medical Examination. The National Visa Center will give specific instructions on the time and location of the interview associated with the application. It is important to follow the instructions as closely as possible to avoid any delays in the application process.
- Travel to New York. After your spouse has received their family-based visa, they will be able to travel from their place of residency to New York to be reunited with you.
- Apply for a Green Card. Once your spouse is inside the country, they will be able to submit their green card application. A green card lasts ten years of lawful permanent residence and will put them on the pathway toward naturalization.
It’s important to note that wait times for bringing your spouse to the United States will vary greatly depending on if you are a citizen or a lawful permanent resident. Spouses of US citizens are considered priority applications, and there is no cap on the number of applications that will be accepted each year by the government under this category. Green card holders applying for their spouse will face annual visa quotes, with wait times averaging around two years.
The application process can be complex, and there is specific information that is required, which must be filled out thoroughly and correctly to ensure that there are no delays in the process. An immigration lawyer from the Law Offices of Robert Tsigler, PLLC, can help you and your spouse rest assured that a seamless application will be submitted, deadlines will be met, and you will be kept up to date with each step of the process.
What Is Conditional Residency for a Marriage-Based Green Card?
If you have petitioned to bring your spouse to the United States, and your marriage has lasted more than two years, they can apply for permanent residency or a green card that lasts for ten years. For cases of marriages that are less than two years old, conditional residencies can be granted. Conditional residences generally grant individuals with green cards that last two years.
Within 90 days before the expiration of the green card, you and your spouse will need to jointly file an I-751 form, otherwise known as a “Petition to Remove the Conditions of Residence” form. If you fail to meet the deadlines for renewal, then you can face having your spouse lose the validity of their residency, putting them at risk for deportation.
What Is Naturalization?
Naturalization is the process that an eligible lawful permanent resident can go through in order to obtain US citizenship. The naturalization process is an exciting time for those who are applying. However, it can also feel burdensome and overwhelming. There are various requirements for initiating the naturalization process, including:
- Age Requirements. Lawful permanent residents (LPRs) must be at least 18 years of age to qualify to apply for US citizenship.
- Continuous Residency Requirement. LPRs who are married to a US citizen can apply for citizenship after three years, while all other types of LPRs, except for a few categories, must show five years of residency. It is required that applicants cannot have left the country for more than six months, or they will have to justify their leaving.
- Prove Good Moral Character. Eligible LPRs must be able to prove that they have “good moral character,” which will be assessed by the US Citizenship and Immigration Services in the five-year time period before they apply for their citizenship.
- Residency in the State of Application. Applicants must be residing for at least three months in the state where they apply for US citizenship.
While the aforementioned points are just the initial criteria for eligibility for the application process, they do not cover the requirements that must be completed in order to obtain citizenship, such as successfully completing certain English and civics tests. An immigration attorney from The Law Offices of Robert Tsigler, PLLC, can leverage their understanding of immigration law to help you understand naturalization and walk you through the details of the process.
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Our New York immigration attorney can help. Our knowledgeable staff can assist you with securing the result you need and we are available 24 hours a day, 7 days a week to answer your questions and concerns.
If you have any legal concerns regarding your immigration status, or if you or a loved one hasbeen charged with any criminal offense that you fear could lead to deportation, the Law Offices of Robert Tsigler, PLLC, are ready to assist you. Contact us today and schedule a consultation with our team to learn more about your rights and legal options in these demanding situations.
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