Immigration Naturalization Law
The following is a brief explanation of some of the Immigration and Nationality Law practice areas that the California immigration attorneys at the Law Offices of Eliana Phelps are skilled in.
Adjustment of Status
If you are a foreign born person residing in the United States who would like to change your status to that of an immigrant you will need to adjust your immigration status. Another situation in which a person may want to adjust his or her immigration status is if you are a non - immigrant, such as a refugee who would like to become a legal resident of the U.S. After your adjustment of status has been completed, you will have more freedom in regards to employment and traveling to other countries.
Deportation Defense
There are many reasons that non-citizens may face deportation, including conviction of a crime or violation of visa regulations. If you are facing deportation or removal, you should hire an experienced deportation defense attorney to represent you. The skilled immigration lawyers at the Law Offices of Eliana Phelps are prepared with a variety of successful deportation defenses. Every deportation situation is different; therefore we will review your case and develop a defense plan that will best suit your needs and circumstance. Some alternatives to deportation include adjustment of status, registry programs, legalization, and asylum.
Discretionary Relief and Appeals
The Immigration Nationality Act, Section 212(c), states that discretionary relief is one way in which a person may be able to avoid deportation, especially in situations where the immigrant has been convicted of a felony or other serious crimes. If you are an immigrant who has been convicted of a crime, you should contact a discretionary relief attorney at the Law Offices of Eliana Phelps to represent your case.
Family Based Immigration
Family based immigration is one of the areas of immigration which we focus a great deal on at the Law Offices of Eliana Phelps. Family based immigration involves rules and regulations regarding the immigration of spouses, children, and other relatives into the United States. There are different requirements and rules which are dependent on the relationship between family members, such as how to bring an orphan born in another country to the U.S. and how to bring a non-orphaned foreign born child to the U.S.
Non Citizen Conviction
A criminal conviction for any individual can result in serious repercussions, as well as the tarnishing of his or her reputation. For a non citizen, a conviction of a crime can have devastating consequences and may have a detrimental affect on receiving citizenship. Non citizen criminal convictions are divided into two different categories, which are: crimes of moral turpitude and aggravated felony. If you are a non citizen who has been convicted of committing a crime you should seek competent legal representation immediately, to protect your rights and prevent deportation.
Representation at Deferred Inspection
When a foreign person enters the United States, he or she is inspected to determine if they will be approved to enter the country, the reason for entering the country, and for what period of time. If the basic inspection does not provide enough information about the individual, a second inspection may be necessary, during which the person being inspected will be more thoroughly questioned about their reasons for entering the country, as well as any other relevant questions that may help the inspector determine whether or not the individual may enter the U.S. In certain situations, a third inspection is required, which is called a "deferred inspection" which will allow an immigrant to enter the country for a limited time, typically up to thirty (30) days. A deferred inspection may require an individual to give their fingerprints, photo, and report to the INS office. You may choose hire a deferred inspection attorney to assist in pre-deferred inspection matters, as well as being present during your deferred inspection to give you much needed legal advice.
Abandonment of LPR Status
It is a regular occurrence in which green card holders who must, for personal reasons, leave the country for a long period or time are denied re-entry to the U.S. upon arrival, as a result of abandonment of LPR status. There is no law which states, what exactly, a person does that proves that he or she has abandoned their status, although the length of time spent and reason for extended travel outside the U.S. may be used against a green card holder. It is very important that you retain certain documents, such as those pertaining to employment, housing, schooling, etc. to show that you currently live and intend to live in America. This evidence will help prove that you did not abandon your status as a lawful permanent resident. If you are a lawful permanent resident (LPR) of the U.S. who has been informed that you have abandoned your lawful permanent resident status we can help you.
Cancellation of Removal
If you are a lawful permanent residence, who is currently living in the U.S. and facing removal, you should seek an experienced cancellation of removal attorney at the Law Offices of Eliana Phelps immediately, to keep your lawful permanent residence status. There are many requirements to determine who is eligible for cancellation of removal, including criminal convictions and the length of time spent living in America. Our lawyers will gather and present pertinent documentation, including witness statements, and, if necessary, the expertise of immigration experts to assist in your case. The Immigration Judge will then review all of the evidence and determine if your impending removal will be cancelled and decide whether or not you will remain a lawful permanent resident of the United States.
Child Status Protection Act
The Child Status Protection Act was created in 1996 to solve INS problems that affect children under the age of twenty one. Before this important law was passed, young people's citizenship was dependant on the time when their paperwork was processed, not when it was submitted. Through no fault of their own, many children under age twenty one were denied visas as the result of massive amounts of paperwork, causing their petitions to be processed after their twenty first birthday. This problem affected many young people, as they were then ineligible for relative visas and other options. Since the passage of the Child Status Protection Act, young people no longer have to pay the consequences for INS paperwork processing errors.
Naturalization and Appeals
If you are an immigrant who would like assistance preparing for your naturalization proceedings with the INS, you should contact a naturalization attorney from the Law Offices of Eliana Phelps. There are many requirements which you must fulfill to become a citizen, such as permanent residence in America, the ability to read and write in English, good character, never having been convicted of an aggravated felony, and understanding of U.S. government and history. Our naturalization and immigration lawyers have the knowledge to assist you in all areas of naturalization law, including helping you get ready for the interview, filing legal documents, and developing other strategies that will help you become a citizen of the United States. If you have already applied for citizenship and been denied, our naturalization attorneys are skilled in the area of naturalization appeals and can help you become a citizen!
Rescission of Lawful Permanent Resident Status
If you have been accused of fraud related to your immigration to the U.S., including marriage fraud, you may be at risk for rescission of LPR status. If you are a lawful permanent resident facing rescission of your status, this means that your status as a resident can be taken away. All benefits and privileges that are provided to you as a lawful permanent resident will be revoked and you may face deportation or removal from the United States. Revocation of status is a very serious state of affairs and requires the representation of an experienced immigration and naturalization attorney.
Problem Cases
In the area of immigration law, there are a variety of situations which are considered "problem cases," such as marriage fraud and revocation of family petition.
If an immigrant gets married to a U.S. citizen, he or she will be considered a conditional citizen for two (2) years. The immigrant will become a citizen if the marriage is valid, lasts for at least two (2) years, and the proper paperwork is filed and accepted. If it is found that an immigrant has committed marriage fraud, there is a possibility that the immigrant may be deported.
One form of family based immigration is when an immigrant comes to the U.S. and chooses a relative, who is already a citizen, to be their sponsor and assist in the process of becoming a citizen. There are many situations in which family petitions are revoked, and it is very difficult for an immigrant's family petition to be reinstatement without the assistance of an experienced attorney.
These and other serious problem cases require the assistance of immigration lawyers who have years of experience and have represented a variety of immigration cases.
Family Petitions
If you are a citizen of the United States who is twenty one or older, and would like to assist in the immigration of your family members, you may file an I-130 petition. Approval of this form allows immediate relatives to immigrate to the U.S., including wives, husbands, children, and parents. It is your responsibility to properly and correctly fill out the necessary paperwork to prove the familial relationship between you (citizen) and your immigrant family member. There are certain restrictions regarding who may be eligible to immigrate by means of a family petition; therefore an immigration attorney should be consulted to provide you with accurate advice on how you can assist in the immigration of your immediate family.
Permission to Reapply
Every year, many immigrants are unexpectedly and abruptly removed from the United States for various reasons, with no other choice than to return to their country of origin. If you have been removed from the country and want to return, you may seek permission to legally return to the U.S. You must file form I-212 to request readmission to the U.S. This may be done at your time of arrival at a port of entry in the U.S. or in a foreign country before you come to the United States. To ensure that your permission to reapply to the United States is done successfully, you should hire an immigration lawyer to assist in the process of filing the form and any other legal matters that may arise.
Discretionary Waivers
In certain situations, discretionary waivers may be granted to lawful permanent residents (LPR) who have been convicted of criminal offenses, although this practice occurs less and less as a result of the changes regarding section 212(c) that took place in the mid 1990's. If you are a lawful permanent resident of the United States and have been convicted of a crime you may be able to receive relief and avoid deportation. There are many factors that are involved in determining if you will be approved for a discretionary waiver, such as the type of crime committed, when the crime was committed, and how long you have been residing in the U.S.
There are a variety of waivers which may prove to be beneficial to lawful permanent residents, as well as non-immigrants who live in foreign countries and desire to come to the United States for a short period of time. If you would like to find out more about how a discretionary waiver can help you, please contact an immigration attorney to discuss your case.
Criminal Defense Representation of Lawful Permanent Residents and Non - Lawful Permanent Residents
Lawful permanent residents and non-lawful permanent residents who are criminal defendants should hire immigration lawyers who are proficient in the areas of immigration law and criminal defense, therefore providing the clients with comprehensive legal advice and representation that pertains to their particular legal matter. Lawful and non-lawful permanent residents who are facing criminal charges have a lot at stake, including the ability to live, study, and work in the United States. If convicted, you may be forced to leave the country and may be barred from returning for a long period of time. If you are an immigrant who is facing criminal charges you should hire a competent immigration lawyer immediately.