New York Immigration Guide

The New York Immigration Guide was created by Empire Immigration Law to help answer common questions you may have about the immigration process. Call our lawyers for a consultation.

New York Immigration Guide

Are you in need of an immigration lawyer to help you through your endeavors? Our Buffalo, NY immigration lawyer is here to help you in any way that you need. We handle a variety of different types of cases, and we hope you don’t hesitate to reach out to set up a consultation today.

Do You Want a Visa?

You can think of your visa as your ticket to enter the United States legally. There are two types of visas that our lawyer can help you explore based on your personal circumstances. Here’s what you need to know:

If you were to try to get a non-immigrant visa, then you’d be doing so because you’d like to come and stay in the United States for a specific amount of time and for a specific purpose. An example of a non-immigrant visa would be for someone who is here for school or a special work program. This is something that is going to allow you temporary legal access to this country.

If you are going to try to get an immigrant visa, this will be for you individually to be able to reside in the United States lawfully and sometimes permanently. You can either go with a fiancée visa or a different family-based visa.

There are many different types of visas and we hope you reach out to our Buffalo, NY immigration lawyer today to find out more.

Getting a Green Card

A green card can also be referred to as legal permanent residency. We can help you with your application process for your green card if this is something that you wish to do. You might want a green card for family reasons or work reasons, and it can be attached to an adjustment of status if you would like to continue to live in the United States legally. Let us help you with this. We do this on a daily basis.

You can go through the consular process to get a green card if you are not currently in the United States residing here. You would do this if you have family here or a job here and maybe even just a desire to find those things in this country. We want to be able to help you get legal status in this country smoothly, no matter what the reason is.

Immigrant visas and green cards can often mean you are in for a complicated process, but it doesn’t have to be stressful. Our Buffalo, NY immigrant lawyer is going to be with you every step of the way to make sure that things are done in a timely manner and you end up with results that you desire in the end. We can set up a consultation with you anytime to discuss your hopes of entering this country or becoming a legal resident.

Process of Naturalization

Naturalization is for those who would like to become a citizen of the United States. To go through naturalization, you have to meet certain requirements in order to be able to file for naturalization. You also need to be able to pass a test to do so successfully. If you were confused about whether or not this is the right path for you, you should definitely get in contact with us right away to see if you would apply for citizenship. It can vary based on where you were born or where your parents were born. This is an exciting time when you are trying to fulfill the American dream of coming to the United States and living here legally. We want to be with you during this very exciting and scary time to make sure that you feel supported through this journey.

Deportation

Deportation is a real fear for many people. We know that you are likely consumed by thoughts of being deported and taken away from the life that you’ve built. Far too many people live in fear of deportation, and it’s important that you talk to a Buffalo, NY immigration lawyer to figure out how to fight to keep you here if you are facing removal proceedings. Having the right legal representation is so important for you and your family if you fear being deported.

You deserve a lawyer who is going to treat you like family and fight to keep you here like you are our own family. This is scary for you and you might not have any knowledge of what your rights are and what you should expect in the following days. We can help you with all of that and ease your uncertainties and worries. Call our office right away to set up a consultation, whether you are preparing a plan in advance in case you ever are deported or if you are already facing removal proceedings.

Helping You Become a Citizen of the US

If you want to become a citizen of the United States, you should know that you have some options. You can go through an adjustment of status in order to become a legal permanent resident and then later down the line, if you want to get a green card, you can petition to go through the naturalization process. Whatever approach you take, we can help you with it.

Our Buffalo, NY immigration lawyer understands how exciting but very scary this uncertain time can be and we know that you value your time and efforts to come to this country without having to fear being deported. Please let us help you do this the right way and get you the results that you desire.

Are You Eligible?

You might be wondering whether or not you would be eligible for the process of naturalization. If you would like to become a US citizen, you need to know the following information if you would like to apply for naturalization:

  • First you must have lived lawfully in the United States for five years. If you were married to someone who is a citizen in this country then you have to have lawfully lived here for three years.
  • You can’t have left the country for periods of six months or longer at a time.
  • You have to also prove that you are of good moral character.
  • You need to have knowledge of the United States history, government and constitution.
  • And lastly you need to be able to write, speak and understand English

Our Buffalo, NY immigration lawyer can help you with this process and prepare for every step of this so things run smoothly and in your favor. We also know that if you have had legal troubles here in the States before, you might be fearful of starting this process. Please understand, however, you are not the first person to go through the process of naturalization with some sort of criminal record. It can be done successfully. Call us today to learn more.

Oftentimes, people are too intimidated by the process to reach out to a lawyer, either because they have a criminal record or they are here illegally. It is a pity to know that people are losing out on the support and expertise of somebody who handles immigration on a daily basis. We don’t want you to be someone who does not reach out to a lawyer. We care about you and your family and the success of your immigration endeavors. Simply meeting with us for a consultation can be so beneficial to you. We would be happy to take your call to schedule a consultation right away. You deserve to have someone fighting for you. Call us right away.

Labor Certification Process Length

The process for a labor certification can take quite a long time, but our Buffalo, NY immigration lawyer is dedicated to pushing along the process so it happens sooner for you. We can sometimes get it down to six months if everything is done online and, in the worst cases, this can take up to four years. It truly depends on your circumstances.

Sometimes, we can help you expedite this process if you are experiencing a delay because of a backlog. This is something that we know how to handle— we do it on a daily basis. Please get in contact right away if you want someone to do it right.

Frequently Asked Immigration Questions

Can Consular Processing Be DeniedCan Consular Processing Be Denied?

We represent a lot of families that are going through consular processing. When we represent our clients, we like to address every possible scenario. One of the questions we always address is whether consular processing can be denied. The answer is, yes, it can be denied. The reason why is because you failed to prove eligibility for the green card. In most circumstances, this could mean that you provided incomplete or inaccurate information (e.g., documents that you failed to provide) or that you were involved in past criminal or immigration violations. These are all reasons why consular processing can be denied.

If you have any questions about consular processing or the green card application process in general, give us a call. We would love to answer your questions.

Can I Change from Consular Processing to Adjustment of Status?

Last week we received a phone call from a potential client. He is sponsoring his wife through consular processing to come to the United States to get her green card. He called us to say that his wife is here in the United States on a visa, and he wanted to know if they can switch from consular processing to adjustment of status. The answer to that question is that it is possible, but it’s difficult.

The reason why it’s difficult is because of the 90-day rule. The 90-day rule means that if a non-immigrant who enters the United States with a visa does anything inconsistent or anything different from the purpose of that visa, the government will take the position that they committed fraud when they applied for the non-immigrant visa. If they commit fraud, this will present problems when they are trying to adjust status to get their green card.

The answer is that it is possible, but it is extremely difficult. If you have questions about adjustment status, the green card process, or any other immigration related matters, give us a call. We would love to talk to you.

Can I Lose My Citizenship from Moving Abroad?

Recently, we helped a client obtain naturalization, and she was really happy. She received her certificate of naturalization, took the oath, and was extremely excited and pleased to be a U.S. citizen. She called us after the fact, however, and asked if she could move out of the country. Her question was, “Will I lose my citizenship if I move out of the country?”

Unlike lawful permanent residence, if a U.S. citizen moves out of the country, they will not lose their citizenship. This is one of the key advantages of naturalizing to become a U.S. citizen. If you have any questions about naturalization, citizenship, or any other immigration matters, give us a call. We would love to answer your question.

Can Prior Arrests Prevent Citizenship?

Recently, we received a phone call from a former client. We helped him get his green card, and now he’s ready to apply for naturalization. There’s one problem— he has an arrest. His question to us was, “Can prior arrests prevent citizenship?”

One thing you have to know is that good moral character is one of the requirements for naturalization. If this arrest was only an arrest and never led to a conviction, there’s a good chance that you still will be able to meet the good moral character requirement. If this arrest led to a conviction, however, you may have trouble meeting the good moral character requirement.

If you have questions about whether or not prior arrests will prevent you from citizenship, or if you have any other immigration related questions, give us a call. We would love to answer your questions.

How Do I Choose an Immigration Attorney?

How do you choose a good immigration attorney? This is a really good question. This is actually one of the most important questions that you must answer throughout the entire process.

You want to choose an immigration attorney who is knowledgeable, who is experienced, who is reliable and trustworthy, and someone who is going to answer the phone when you call and respond to your messages. You also want to work with somebody that is going to be easy to work with and somebody who does only immigration law. There are some attorneys that do a little bit of everything and, because immigration law is so technical, you may not get the best results if you go with somebody that does not specialize in immigration law.

If you have any questions about choosing an immigration attorney or any immigration related matters, give us a call. We would love to answer your questions.

How Does an Undocumented Immigrant Become a Citizen?

Our office was contacted the other day by someone who was here without lawful status. This person wanted to know what the process looked like to become a U.S. citizen. What we explained to her was that this is a really long process. First of all, you have to become a lawful permanent resident, and that on its own is going to be a very long, complicated process, and you need to meet the eligibility requirements.

If you are able to become a permanent lawful resident, five years after becoming a permanent resident— or three years, if your permanent residency is based on marriage to a U.S. citizen)— then you can apply for naturalization to become a U.S. citizen. Even then, after that, you still must meet the eligibility requirements.

If you have any questions about naturalization or any other immigration related matters, give us a call. We would love to talk to you.

How Long Does Consular Processing Take?

We work with a lot of families that are going through the green card application process. We work with a lot of people who are applying for their family members who live outside of the country, and one of the questions we receive quite frequently is, “How long does consular processing take?” On average, it takes one to two years. It’s important to remember that every embassy, every consulate is different. They work differently; some work faster than others.

Another thing to remember is any mistakes in any of the applications or any missing documents will slow your case down. It could even lead to a denial. If you have any questions at all about consular processing or any other immigration related matters, give us a call. We’d love to answer your questions.

I Am a Lawful Permanent Resident. Am I Eligible for Cancellation of RemovalI Am a Lawful Permanent Resident. Am I Eligible for Cancellation of Removal?

Our office represents a lot of lawful permanent residents, and a lot of these permanent residents are currently in removal proceedings. What we do is we try to explore all the different possibilities, all the different forms of relief to prevent removal. One of the common forms of relief that we always discuss is cancellation of removal. A question that we hear a lot is, “What is cancellation of removal?”

Cancellation of removal is a form of defense in immigration court. It’s a way to keep the permanent resident here in the United States. What you have to prove is seven years of continuous physical presence in the United States. You also have to prove five years of lawful permanent residency. You also have to prove that you have no aggravated felony convictions.

If you can prove all of that, then the question becomes whether or not you deserve the right to remain here. This is at the discretion of the immigration judge. The immigration judge will review everything about your life to make a decision on whether or not you deserve to remain here and whether you deserve a second chance to remain in the United States.

If you have any questions about cancellation of removal or immigration removal matters, give us a call. We would love to answer your questions.

I Am Not a Lawful Permanent Resident. Can I Still Apply for Cancellation of Removal?

We handle a lot of immigration and removal cases. We usually try to identify all of the different forms of relief for all of our clients, and we represent quite a few people who have been present in the United States but do not have lawful permanent resident status. These clients will usually ask us, “Am I eligible for cancellation of removal?” The answer to this question is that it is possible.

The eligibility requirements for cancellation of removal for people who are not permanent residents are they must prove that they have been physically present in the United States for ten years. They must also prove ten years of good moral character. They also have to prove that they have not been convicted of certain crimes. Finally, they have to prove exceptional and extremely unusual hardship to a qualifying relative. These qualifying relatives are U.S. citizens or lawful permanent resident spouses, children or parents.

If you have any questions about cancellation of removal, removal defense, or any other immigration related matters, give us a call. We would love to answer your questions.

What is Cancellation of Removal?

In a removal defense, we usually try to explore all possible options and all possible forms of relief. One of the forms of relief that commonly comes up is cancellation of removal. A question that we hear a lot is, “What is cancellation of removal?” Cancellation of removal is a form of relief from removal or deportation. This is a form of relief that has two different types; one is available to lawful permanent residents, and the other is available to non-lawful permanent residents. There are certain requirements that you have to satisfy, but, in the end, if you are successful, you will have the right to remain in the United States and your immigration removal case will be terminated.

If you have any questions about cancellation of removal or immigration removal defense, give us a call. We would love to answer your questions.

What is Parole?

In our detain practice, we discuss all of the possibilities and all of the options for our clients, including possibilities for release. In our discussions regarding possibilities for release, one of the things we talk about is parole. A question that we get a lot is, “What is parole?”

Parole is one of those tricky concepts in immigration law. There are two different types of parole. One has to do with a lawful manner of entry into the United States. The other type of parole has to do with the manner of your release from ICE custody or from a detention center. When somebody is paroled from detention, ICE directly releases them; there’s no bond that has to be paid. ICE, however, normally will attach conditions on that release, the main condition usually being that they attend court every single time and that they stay out of trouble.

If you have any questions about parole, immigration detention, removal defense, or any other immigration matters, give us a call. We would love to answer your questions.

Who Can Apply for Consular ProcessingWho Can Apply for Consular Processing?

We receive a lot of inquiries about consular processing. One of the questions that comes up all the time is about who can apply for consular processing. U.S. citizens and lawful permanent residents who have close family members outside of the country can apply for these close family members. U.S. citizens can apply for their parents, spouses, children and even siblings, while lawful permanent citizens can apply for their spouses and unmarried children.

If you have any questions about consular processing or any other immigration related matters, give us a call. We would love to answer your questions.

Call Our Buffalo, NY Immigration Lawyer Today

If you are searching for help with your immigration matters, please get in contact with our Buffalo, NY immigration lawyer right away so we can set up a consultation soon. Let us help you get better results, sooner.

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