IMMIGRATION​‍​‌‍​‍‌ ATTORNEY NEW YORK EXPLAINS: GREEN CARD, ASYLUM AND VISA OPTIONS

 This is a guide that provides vital information on the United States’ green cards, asylum, and visas processes. With this guide, you have to a breakdown of an immigration attorney New York’s view on some core areas of the US immigration. 

The information given in this guide will assist you greatly in making the right choice. 

Quick Answer: How Can a New York Immigration Lawyer Be of Help to Your Case? 

• Describe green cards, asylum, and visas accurately. 

• Think of your background, documents, and intentions to see what options you have. 

• Make sure that all forms are correctly filled out and submitted on time. 

• If it is necessary, represent you in interviews, hearings, and appeals. 

• Help you plan your future, whether it is a short-term visit to the US, a permanent stay, or even citizenship. 

Things to Remember When You Are Looking for an Immigration Lawyer in New York 

Hiring an immigration attorney New York involves several factors. This is because the US immigration law is very complex. But with the right help, the path seems so much easier. 

The right immigration attorney New York will listen to your story and guide you through the laws applicable to your situation.  

Every person has their own circumstances. For example, some people want to be reunited with their families while others desire to work, study, or escape from danger.  

As you and your case are different, so will your application be. The bare minimum of the role of an immigration attorney New York is this: to ask questions and gather as much information about you as possible before giving advice on green cards, asylum, or visas. 

Green Card Possibilities in New York: The Main Ways to Get a Green Card 

A green card gives you the right to live, work, and be a permanent resident of the United States. You may even apply for citizenship when the time comes. 

Ask an immigration attorney New York to help you figure out the category to which you belong. The usual categories are family, work, and humanitarian/special cases.  

Family Green Cards 

In addition to this, many people get green cards via a family member who is either a US citizen or a green card holder. There may be less waiting time for spouses, children under 21, and parents of US citizen individuals. 

Relatives in other categories wait in preference groups, which may take longer. An immigration attorney New York can talk to you about priority dates, visa bulletins, and what to expect. 

This is because making a mistake can be detrimental to your case, an attorney can help you gather evidence that proves that your relationship is valid (marriage certificates, photos, joint bank accounts, and cohabitation). 

Employment-Based Green Cards 

Besides that, work plays a big role. If a company cannot find qualified American workers, then it can sponsor the foreign workers for green cards. However, employment-based green cards require several preference categories. 

Such categories include holders of advanced degrees, highly skilled individuals, and persons with exceptional abilities in the fields of scientific, business, arts, or sports. This process may need a labor certification, job offer, and letters of support. 

A skilled attorney will guide and advise your employer so that there won’t be any mistakes causing losses. In certain cases, you may do a self-petition or apply for a national interest waiver. 

Your immigration attorney New York can support you in demonstrating how your work benefits the country. 

Adjustment of Status vs. Consular Processing 

How to file for a green card is up to you. Most of the time people living in New York use adjustment of status by applying from within the US. Some people process their case through a U.S. consulate in another country (consular processing). 

Your eligibility for one or the other option depends on your country status, the method of entry, and any past encounters with immigration issues.  

An immigration attorney New York would go over this to determine if there is a bar to your admission, you have a waiver, or you are going to be separated for a long time from your family. 

Asylum in New York: Refuge from Persecution 

Asylum is a kind of protection for people who run away from a home country where they are at risk to be harmed.  

There is a very narrow scope for this rule, however, you need a strong case. This is because numerous asylum applications get processed in New York.  

Hiring a seasoned immigration attorney New York will provide you with assistance in developing your story, practicing for an interview, and overall getting ready to tell your story. 

To meet the requirements, you must demonstrate that you have a genuine fear of persecution at the hands of your country of nationality based on one or more of the following grounds: 

• race, 

• religion, 

• nationality, 

• political opinion, or  

• social group affiliation. 

You should apply for it after a year from the date of your arrival in the US. However, there are certain situations that exempt a person from that requirement.  

An attorney can look for any exemptions that may apply to you, especially if your situation has changed. 

Some documents you can use to support your case include country reports, health documents, testimonials, and personal documents. 

Your attorney will tell you which papers you will have to present and how you can make up for the ones that you did not include. 

What Happens with an Attorney in New York Handling Your Asylum Case? 

When you come to New York and hire an immigration attorney, it is likely that they will tell you to file an affirmative application for asylum with the asylum office after which you will be interviewed by an asylum officer. 

In the case of a defendant who has a defensive claim, you seek asylum to avoid being deported in the immigration court in front of the immigration judge and the government’s attorneys. 

However, no matter what the case is, good preparation is of the utmost importance. Skilled attorneys will prepare you thoroughly, be your case manager, and will present your fear of return convincingly. 

It is always necessary to be trustworthy, so it will be useful to have your attorney help you tell your side of the story in a way that will be consistent with your stated facts. 

Non-Immigrant Visas in New York 

Majority of people in the US live on temporary visas. There are a whole range of different types of visas, but among them are non-immigrant visas for education, employment, or visitation purposes. 

A professional in the US immigration laws can assist you not only in making decisions about your visa but also in avoiding mistakes that could result in your green card or citizenship application being negatively impacted. 

Student & Exchange Visitor Visas 

There are people who come to the US for studies or as participants in an exchange program. The main forms of visas that these individuals possess would include F-1 visa which is a student visa, and J-1 for an exchange visitor.  

The F-1 and J-1 visas come with quite strict limitations regarding working, place of studies, and program. 

Immigration attorneys New York will talk to you about your rights, working regulations, and how to change your status later on. Changing from a student visa to the green card is not a simple task as it requires proper organization. 

An attorney in New York can assist you in avoiding gaps and errors in your case. 

Work and Business Visas 

There are lots of opportunities in the business environment of New York to get a visa. Depending on your profession and sponsor, you qualify for a particular visa type such as H-1B, L-1, O-1, or E-2 visas.  

Requirements vary according to the type of job, salary, company structure, and skills. Employers must provide letters that comply with the government’s requirements.  

An immigration attorney New York can assist you in assembling a complete submission so that your documents can correspond to the category you have chosen. 

Visitors and Humanitarian Options 

A visitor may be a tourist, patient, or a person who is temporarily going to the US to visit their family. Visa options for them: B-1/B-2 visas or visa waivers. 

Some people may qualify for humanitarian relief such as temporary protected status (TPS) of nationals of countries that are in a crisis. 

An immigration attorney New York may check if your case qualifies for humanitarian relief. Even if you have a valid visa, you might still be able to apply for humanitarian relief. 

How can an Immigration Attorney New York Help You? 

Picking the right option in immigration can be very confusing and overwhelming. If you want to do this process without any errors or problems, then a good immigration attorney New York should be the one helping you. 

Specifically, immigration attorneys New York can help you with the following: 

• Go through the whole process of immigration, travel, and criminal history of the client. 

• Describe the pros and cons of green cards, asylum, and visas. 

• Develop a list and schedule of personal documents. 

• Get you ready for Interviews, Biometrics, and Hearings. 

• Provide evidence to the government as well as respond to appeals or motions. 

• Coordinate your story with your employer, school, or family. 

No doubt, immigration matters concern your entire future; therefore, you require good legal assistance to prevent disapproval or delay of your application. 

Get help! 

For those who are uncertain about which road to take, there is no need to make the decision alone. At Gehi and Associates, our  experienced immigration attorneys New York can hear you out, tell you what your options are, and advise on what to do. 

You can initiate the first contact with us through our consultation services during which we’ll discuss green cards, asylum, and visas issues/questions/risk and timeline. For any immigration-related problems, it is highly advisable to make an appointment with us. 

This guide is based on the current process for people immigrating to the US, and we are familiar with US immigration law. However, keep in mind that laws and policies are subject to change so always get professional help with your case. 

Get in touch with us today! 

Frequently Asked Questions (FAQs) 

1. What is the role of the immigration attorney New York?  

An immigration attorney New York is someone who knows very well the law and practices of the locality, local rules, and local issues. This person can spot problems, guide you in preparing your case, and help you through interviews or trials. 

2. Can an immigration attorney New York help with deciding whether to apply for a green card or a visa? 

Sure. They will look at your goals, your ties to the US, and your eligibility and make a recommendation on the process for getting a single-step or a multi-step visa, green card. 

3. What is the role of an immigration attorney in asylum cases? 

They help you draft your affidavit and collect evidence, prepare you for interviews, and basically connect your experience with the law of asylum and country information. 

4. Is it very late to get in touch with an immigration attorney if the court sent me a Notice already? 

No. Call right away. They may be able to go through the Notice, explain what the charges are, and talk about the possible defenses like asylum or cancellation of removal. 

5. Can a immigration attorney New York help me get job sponsorship from my employer? 

Yes. They could help with work description, salary information, and paperwork to ensure that there are no work visa or green card errors. 

MORE FAQs

6. Are immigration attorneys handling family as well as work related cases? 

Yes, many do. Some focus on family immigration, while others handle work or investment visas. Ask them what their areas of expertise are. 

7. I live in another state, so can I still hire an immigration attorney New York? 

It depends. Because it’s federal law, New York attorneys can help people in other states, but they’ll also need to be familiar with the procedure. 

8. At what point do I need to hire an immigration attorney New York after relocating to the United States? 

As soon as possible. It is always good to get advice early regarding deadlines and plans for the future. 

9. If my application got rejected can an immigration attorney New York help me? 

Maybe. They may be able to look at the denial, tell you why it occurred, and advise you on what you can do if you want to appeal or re-file. 

10. What do I need to prepare before meeting with an immigration attorney New York for the first time?  

You should bring along copies of your previous applications, court notices, or documents, as well as your passport. It may also be helpful to jot down a simple timeline of the ​‍​‌‍​‍‌case.