Immigration Law

Immigration matters are decided on paper. A petition succeeds or fails on whether the evidence assembled establishes what the regulation requires, and the consequences of getting it wrong are measured in years of separation from a family rather than in money.

Family based petitions

A United States citizen may petition for a spouse, a child, a parent or a sibling. A lawful permanent resident may petition for a spouse or an unmarried child. The category into which a relationship falls determines how long the process takes, and the difference between categories is measured in years rather than months.

Immediate relatives of citizens, meaning spouses, unmarried children under twenty one and parents, are not subject to numerical limits and may proceed as soon as the petition is approved. Every other category is subject to annual limits, and the waiting period depends on the category and on the country of origin. Understanding where a case sits in that structure at the outset avoids expectations that cannot be met.

Where a beneficiary is already in the United States and is eligible, the case may conclude through adjustment of status without leaving the country. Where they are abroad, or where eligibility to adjust is unavailable, it proceeds through consular processing at a post overseas. Choosing between these routes requires care, because departing the United States after a period of unlawful presence can trigger a bar on returning for three or ten years, and a client who leaves for an interview without that having been analysed may be unable to come back.

Employment based matters

We prepare employment based petitions for employers and for individuals, including the temporary categories used for specialty occupations and the permanent residence process where an employer sponsors a worker. That process ordinarily requires labour certification, in which the employer must test the labour market and establish that no qualified worker is available, before a petition may be filed.

These matters are document intensive and unforgiving as to detail. The job description, the stated requirements, the evidence of the worker's qualifications and the wage offered must be internally consistent and must match what the regulation contemplates. Inconsistency between them is among the most common reasons for a request for further evidence or a denial.

Naturalisation

A lawful permanent resident who satisfies the requirements as to residence and physical presence, who can demonstrate good moral character, who has the necessary knowledge of English and of United States civics, and who is otherwise eligible, may apply to naturalise.

The step that requires care is the review before filing. An application brings an applicant's entire immigration and criminal history under examination, and matters that had not previously been noticed may surface. An old conviction, an extended absence from the country, an inconsistency in an earlier filing, or an unmet obligation may not merely defeat the application but may place the applicant in proceedings.

We therefore review the history before the application is filed rather than responding to what emerges afterwards. Most applicants have nothing to be concerned about. For the minority who do, knowing beforehand is decisive.

Removal proceedings

A person placed in removal proceedings appears before an immigration judge, and the government is represented by an attorney. There is no right to appointed counsel in these proceedings, which means that a person without representation faces a trained government attorney alone.

Relief may be available depending on circumstances: cancellation of removal, asylum and related protection, adjustment of status where a qualifying relationship exists, or a waiver of a particular ground of inadmissibility. Each carries its own requirements and its own evidentiary burden, and several must be applied for within strict periods after arrival or after the event giving rise to the claim.

Do not miss a hearing. A person who fails to appear may be ordered removed in their absence, and setting such an order aside is difficult. If you have received a notice to appear, bring it and every document you have received from the government to a consultation at once.

Where immigration and criminal matters meet

A criminal disposition may carry immigration consequences considerably more severe than the sentence imposed. Certain convictions require removal, and some do so where the sentence was suspended and no time was served. A plea negotiated as favourable in the criminal court can end a person's lawful residence.

The firm practises in both areas, and where a client who is not a citizen faces a charge, the immigration analysis is carried out before any plea is entered. Frequently an alternative disposition is available that resolves the criminal matter without the immigration consequence, but it must be identified in advance. After the plea has been accepted the options narrow sharply.

Our attorneys provide services in Hindi and Tamil, and we work with community organisations across the Kansas City metropolitan area.