Immigrants are only guaranteed basic human rights by international law. Any other rights are granted solely at the discretion of the host country. This includes absolute discretion regarding who is allowed to enter the country, and the United States sets strict immigration policies. Those with criminal records have a high probability of being denied entry, and those convicted of crimes within the United States face removal or deportation. Humphrey & Associates, P.C. is an experienced criminal defense and immigration attorney who can help deal with the immigration consequences of a criminal charge.
Adjustment of Status
Noncitizens who are present in the United States and who are beneficiaries of approved immigrant petitions may generally file an application with USCIS to adjust their status to that of a Lawful Permanent Resident (LPR), or they may depart the United States and apply for an immigrant visa abroad. One reason Congress created the adjustment of status provision was to enable certain noncitizens physically present in the United States to become LPRs without incurring the expense and inconvenience of traveling abroad to obtain an immigrant visa. Call us today to determine your eligibility.
Are you in love with someone living abroad and intend to marry? A fiancee visa may be in order. In order to obtain a K-1 fiancé(e) visa, you and your fiancé(e) must intend to marry each other within 90 days of your fiancé(e) entering the U.S as a K-1 nonimmigrant. Your marriage must be valid, meaning both you and your fiancé(e) have a bona fide intent to establish a life together and the marriage is not for the sole purpose of obtaining an immigration benefit. Call us today to determine your eligibility.
If you have a loved one abroad, perhaps you married your spouse in a foreign country and need to bring them here, you may need assistance in applying for consular processing. Once you are the beneficiary of an approved immigrant petition and an immigrant visa number is immediately available to you, there are two ways to apply for lawful permanent resident status (a Green Card). If you are outside of the United States, you may apply at a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident. This pathway is referred to as consular processing. Call us to assist you with your consular processing.
Sometimes an immigrant has entered without inspection, been deported in the past, or been convicted of a criminal offense making them ineligible for an immigration benefit or visa. You may need to apply for a waiver of inadmissibility or other barrier to immigration. Contact us today to evaluate your case.
VISA Renewals and Green Card Renewals
If you have a visa or permanent resident card that may be expiring, contact us today to assist you in this process. Each time you move to renew your card, extend your visa, or adjust your status you are subject to a review of your eligibility. If you have been convicted of a crime, you may need a waiver of inadmissibility. Contact us today for a consultation.
Padilla Advisements, VAWA, U-VISA, Asylum,TPS
Padilla Advisements (Consequences of a Guilty Plea)
When an immigrant is charged with a crime, their attorney is responsible for informing them of potential immigration consequences including the possibility of deportation. If they enter a guilty plea to a charge with immigration consequences or turn down a plea offer to a charge without immigration consequences because their attorney did not provide them with the necessary information, they may be able to have a resulting conviction overturned for ineffective assistance of counsel.
VIOLENCE AGAINST WOMEN ACT (VISA PETITIONS)
When a spouse or child is in the United States because the other spouse or parent is a citizen or permanent resident of the United States and that person is an abuser, the abused spouse or child may file an immigrant visa petition without the abuser’s knowledge. To be eligible, that person must show that they have suffered abuse or extreme cruelty and that they meet moral character requirements.
The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of noncitizens and other crimes, while also protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity. The legislation also helps law enforcement agencies to better serve victims of crimes.
An asylee adjustment applicant must be admissible at the time USCIS grants the adjustment of status. Because an asylee is not subject to admissibility grounds at the time of the asylum grant, the adjudication of the adjustment application may be the first instance that inadmissibility grounds are considered. The applicants may be found inadmissible based on any information in the A-file or submitted with the adjustment application or through security checks.
Temporary Protected Status
The Secretary of Homeland Security may designate a foreign country for TPS due to conditions in the country that temporarily prevent the country's nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. USCIS may grant TPS to eligible nationals of certain countries (or parts of countries), who are already in the United States. Eligible individuals without nationality who last resided in the designated country may also be granted TPS.
21+ Years of Combined Practice
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Every case is different. Until we know the basic facts of your case, we cannot quote you a price. Call us today to schedule a short over the phone consultation. We will be able to determine the cost of the representation. In all cases, we strive to quote you a fair price for the representation.