Immigration Law
Immigration law is, to the say the least, a complicated area, requiring navigation of the enormous U.S. Citizenship and Immigration Services ("USCIS") bureaucracy. By choosing an experienced and diligent immigration law attorney, you can give your application for permanent residence, citizenship, or a nonimmigrant visa the greatest chance of success. And, if you are placed in removal or deportation proceedings, the right attorney can give you the best chance at obtaining one of the available forms of relief, e.g., Asylum, Withholding of Removal, Cancellation of Removal, Temporary Protected Status, or Voluntary Departure.
The process of immigrating to the United States can take years. If you are immigrating through a family member, it may be many years before you obtain lawful permanent residence (green card) status in the United States. Even if you are immigrating with the help of your employer, it may be several years before you complete the process. Keep in mind that very little is automatic in the field of immigration. For example, just having a spouse who is a U.S. citizen does not mean that you have permission to remain in this country. Your spouse and you must file the correct paperwork with USCIS before you are authorized to remain in the United States. Similarly, nonimmigrant working visas such as H or L visas do not lead automatically to green cards even after living and working in the United States for many years. If you are seeking a family or employment based green card, it is important that you consult with an experienced immigration attorney early in the process.
Similarly, if the government institutes removal proceedings against you-- i.e., attempts to deport you from the country-- then it is critical that you seek legal counsel, to learn about your potential forms of relief.
Criminal Convictions
To read specifically about the consequences of criminal convictions in immigration matters, click here.
Removal and Relief
Potential forms of relief from a removal or deportation action by the government include: Asylum, Withholding of Removal, relief under the Convention Against Torture (CAT), Cancellation of Removal, Temporary Protected Status, Cancellation of Removal under the Nicaraguan Adjustment and Central American Relief Act (NACARA), and Voluntary Departure.
Some forms of relief are based on an individual's fear of persecution, harm, or torture in his/her native country: Asylum, Withholding of Removal, and relief under the Convention Against Torture (CAT). Other forms of relief are based on a number of different factors, e.g. exceptional and extremely unusual hardship to the alien's U.S. citizen or Lawful Permanent Resident (LPR) spouse. If you are facing potential removal or deportation, you should consult with an immigration attorney knowledgeable in Removal and Relief issues right away.
To learn more about relief against deportation and removal, click here.
Family-Based Immigration
United States citizens and lawful permanent residents (green card holders) are able to sponsor certain family members for permanent residence in the United States. For these family-based green cards, unlike employment-based cases, the educational background and work experience of the immigrating person do not matter. The most important considerations in family-based immigration cases are (1) the degree of relation between the intended immigrant and his relative in the U.S. and (2) whether the relative in the U.S. is a citizen or a green card holder.
Employment-Based Immigration
Various immigration law provisions allow employers to sponsor foreign national employees for nonimmigrant (temporary) visas and/or employment-based green cards. Green cards are permanent, while nonimmigrant visas are temporary. Green card holders are considered permanent residents of the United States. Green cards can be taken away only for violation of certain laws or regulations. Nonimmigrant visas, on the other hand, are very easy for the government to take away. For example, if a temporary visa holder attempts to enter the U.S. and the Customs and Border Protection (CBP) authorities believe he/she does not intend to go home after the stay is over, the authorities can simply take the visa away.
The most popular employment-based permanent resident categories include EB-1 (Priority Workers), EB-2 (Advanced Degree Professionals and Persons of Exceptional Ability), and EB-3 (Professionals, Skilled Workers and Other Workers). Some of the more popular temporary visas include H-1B visas, L visas, and E visas.
Citizenship Through Naturalization
Whether family-based or employment-based, permanent legal residence can lead to citizenship through a process called "naturalization." To review the requirements for naturalization, click here.
Criminal Convictions
If you have been convicted of a crime and are unsure of the immigration consequences, click here to review important information about the immigration consequences.
E-Verify
As a means to verify one’s eligibility to work in the United States, more and more employers are utilizing the internet-based E-Verify program, created by a joint venture between the Social Security Administration and U.S. Department of Homeland Security. To learn more about E-Verify, click here.
About Our Immigration Lawyer
Jennifer Varughese is the lead immigration law attorney at Livesay & Myers. A member of the American Immigration Lawyers Association, Ms. Varughese's immigration law practice covers both family-based and employment-based cases, including nonimmigrant visas, green cards, "adjustment of status" for those already present in the country, and citizenship.
Ms. Varughese litigates a large number of removal cases for detained and non-detained clients in immigration court. She is familiar with all forms of relief in such matters, including: Asylum, Withholding of Removal, CAT, Cancellation of Removal, Temporary Protected Status, NACARA, and Voluntary Departure. Ms. Varughese has argued twice before the U.S. Court of Appeals for the Fourth Circuit, in the published opinions Hussain v. Gonzales, 477 F.3d 153 (4th Cir. 2007) and Markovski v. Gonzales, 486 F.3d 108 (4th Cir. 2007). She is also experienced with obtaining immigration relief for clients with criminal convictions in Virginia state courts by filing motions for coram nobis and writs of audita querala.
Contact us to schedule your consultation with one of our Virginia immigration law attorneys today.
