Immigration Law

Asylum

 

Kolken Law understands what is at risk when an individual is applying for asylum, and appreciates how afraid our clients are of returning to a place where they were persecuted.

We have uncommon success preparing asylum applications both affirmatively, as well as before an Immigration Judge, and our record speaks for itself.  Although past successes do not guarantee future results we promise that we will do everything in our power to put you in the best possible position to win your asylum application.

Citizenship

 

For many the ultimate immigration goal is to become a U.S. citizen.  Once you are a Citizen your United States immigration problems are over with, and in most cases you will finally be able to immediately sponsor your relatives so that they too may apply for a Green Card, and ultimately their own citizenship.

Naturalization is the process by which U.S. citizenship is conferred upon people who weren't lucky enough to be born on United States soil.  In order to become a naturalized United States citizen the follow criteria must be established:

  • You must have had a "Green Card" for a specific period of time (typically 3 or 5 years depending on how you got your Green Card)

  • You must have lived and been physically present  inside the United States for at least one-half of either the 3 or 5 year period immediately preceding your application for naturalization;

  • You must have residence in a particular USCIS District prior to filing;

  • You must be able to read, write, and speak English;

  • You must have a basic knowledge and understanding of U.S. history and government;

  • You must be a person of good moral character;

  • You must swear attachment to the principles of the U.S. Constitution; and,

  • You must not be otherwise deportable.

Immigration Court - Defending Deportation

Facing the prospect of deportation can be one of the scariest experiences of a person’s life.  If you have been served with a notice to appear before an Immigration Judge that charges you with being deportable from the United States it is important to remember that you have a constitutionally protected right to be represented by an attorney. 

Kolken Law has successfully assisted non-citizens facing immigration court proceedings (deportation), appeals to the Board of Immigration Appeals, and litigation before United States federal courts on a broad range of issues, and is here to help you fight the government so that you can stay in the United States.

Our firm handles the following types of matters on a regular basis: 

  • Applications for Asylum, and Withholding of Removal.

  • Removal Proceedings involving issues of deportability and inadmissibility, including criminal-related charges.

  • Applications for relief from removal.

  • Appeals to the Board of Immigration Appeals.

  • Lawsuits involving eligibility and processing for citizenship and naturalization.

  • Petitions for Writ of Habeas Corpus on behalf of detained non-citizens and those facing removal orders.

  • Petitions for Review of Appeals to the United States Circuit Courts of Appeals.

Do not allow an immigration officer to dissuade you from seeking counsel, even if they tell you that you do not need an attorney.   If you are before an Immigration Judge without an attorney tell the Judge on the record that you want the opportunity to try to find a lawyer to help you with your case.

If you have been given a Notice of Hearing scheduling you for an immigration hearing if you fail or neglect to attend that hearing you will be deported in absentia (while not present), and you will be unable to appeal the Immigration Judge’s order of removal even if you have a form of relief available to you that would allow you to remain in the United States.

To discuss possible representation regarding any of these types of litigation-related matters, or discuss referring cases involving any of these issues, feel free to contact our office to speak directly to one of the partners of the firm.

Employment Green Card

The Employment Preference System allows certain immigrants to obtain permanent residence (green cards) in the United States to work. Currently, immigration law allots 140,000 employment-based visas to immigrants. These employment-based visas are divided into the following categories:

  • EB-1 Eligibility and Filing: the Employment Based First Preference category is reserved for individuals who are eligible to apply for a Green Card without first having to test the labor market to determine if there are United States workers who want the job that is being offered to them.

  • EB-2 Eligibility and Filing: aliens who are "members of the professions holding advanced degrees or their equivalent"; and aliens "who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States."

  • EB-3 Eligibility and Filing:

    • Aliens with at least two years of experience as skilled workers;

    • Professionals with a baccalaureate degree; and

    • Other workers with less than two years experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States.

  • EB-4 Eligibility and Filing: To qualify as an EB-4 special immigrant religious worker, you must be a member of a religious denomination that has a non-profit religious organization in the United States.

    You must have been a member of this religious denomination for at least two years before applying for admission to the United States

  • EB-5 Eligibility and Filing: Permanent resident status based on EB-5 eligibility is available to investors, either alone or coming with their spouse and unmarried children. Eligible aliens are those who have invested -- or are actively in the process of investing -- the required amount of capital into a new commercial enterprise that they have established. They must further demonstrate that this investment will benefit the United States economy and create the requisite number of full-time jobs for qualified persons within the United States.

Family Green Card

If you have a relative who is a U.S. Citizen or who has a "Green Card" you may be eligible to obtain permanent status in the United States.

In order for a relative to sponsor you to immigrate to the United States, they must meet the following criteria:

  • They must be a citizen or lawful permanent resident of the U.S. and be able to provide documentation providing that status.

  • They must prove that they can support you at 125% above the mandated poverty line, by filling out an Affidavit of Support

Your eligibility to be sponsored by your relative in the United States depends on whether your relative is a U.S. Citizen or a lawful permanent resident (has their Green Card).

  • A U.S. citizen may sponsor his or her close family members for a Green Card.  This includes their:

    • Husband or wife

    • Unmarried children under 21 years of age

    • Unmarried son or daughter over 21

    • Married son or daughter of any age

    • Brother or sister, if the sponsor is at least 21 years old, or

    • Parent, if the sponsor is at least 21 years old.

  • A Green Card holder (not a U.S. Citizen) may also sponsor their relative for a Green Card if the relative is their:

    • Husband or wife, or

    • Unmarried son or daughter of any age.

In any case, the sponsor must be able to provide proof of the relationship.

Fiancé Visas

 

If you are a United States citizen and your non-citizen fiancé is outside of the country there are some significant immigration and timing issues that you must deal with prior to planning your wedding, and it is very important to consult with a competent immigration attorney prior to putting nonrefundable deposits down in anticipation of a scheduled wedding date.

Kolken Law has experience assisting people with their fiancé visas, as well as filing for their Green Card after being admitted to the United States. ... and congratulation on your recent engagement!!!!!

Green Cards

 

Lawful Permanent Residency, commonly known as "Green Card" status, is a way for people who are not citizens of the United States (immigrants) to live and work in the country while enjoying virtually all of the privileges of U.S. citizenship.   

You must go through a multi-step process to get your "Green Card". In most cases, USCIS must first approve an immigrant petition for you, usually filed by an employer or relative. Then, an immigrant visa number must be available to you, even if you are already in the United States. After that, if you are already in the United States, you may apply to adjust to permanent resident status (If you are outside the United States, you will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.)

Generally, there are five basic ways to obtain a “Green Card”:

  1. Sponsorship by a relative that resides in the United States who is either a United States citizen or lawful permanent resident;

  2. Sponsorship by a United States employer through an offer of employment in the U.S.;

  3. Winning the "Green Card" Diversity Visa lottery;

  4. After being granted refugee status or through a grant of asylum due to persecution in one’s homeland; or

  5. Being a member of a special class of  people who the United States Government has decided to grant "Green Card" status to. 

I-9 Workplace Compliance

All employers, agricultural recruiters and referrers for a fee are required to verify the identity and employment authorization of each person they hire for employment in the United States. USCIS has revised Form I-9 to bring it into compliance with the governing statutes that require all documents presented during the Form I-9 process to be unexpired. Allowing for expired documents makes it more difficult for employers to verify an employee’s identity and employment authorization and compromises the Form I-9 process.

NAFTA

 

The North American Free Trade Agreement (NAFTA) permits certain Canadian and Mexican professionals to enter the United States to work for U.S. employers in increments of one year. The prospective business professional must have at least a baccalaureate degree or appropriate credentials to be qualified for Trade NAFTA (TN) status.

Kolken Law has uncommon success finding the right NAFTA category for our clients, and providing our people with the information required to ensure lawful compliance with the United States immigration laws, and North American Free Trade Agreement.  We would be happy to review your matter in complete detail to determine what NAFTA category is right for you. 

Temporary Visas

 

There are many types of temporary visas that may be issued to people who want to come to the United States on a temporary basis.  Visas may by issued for many different purposes, and may last from a few days to several years. Some Visas may be granted to both the principal applicant and to his or her dependents (spouse and minor children). 

The type of visa you are issued will determine what you are allowed to do while in the United States, and how long you are allowed to remain.  Your education, work experience, and intentions will all come into play when determining what visa status you are eligible for.

It is important to remember that most temporary "nonimmigrant" visas typically require that the person applying for it must maintain the intention to return to their home country after the completion of their authorized period of admission.  If you come to the U.S. under one of these types of visas, and it is your intention to try to get a Green Card after you enter the Country you are committing  fraud, and can face a permanent bar from ever returning to the United States. 

That being said, it is extremely important that you consult a competent immigration attorney prior to coming to the United States to ensure that you understand what is required of you, what you are authorized to do if admitted, and what options may be available to remain in the United States past the date of your authorized period of admission. 

Kolken Law has uncommon success finding the right visa category for our clients, and providing people with the information required to ensure lawful compliance with the United States Immigration laws.  We would be happy to review your matter in complete detail to determine what visa category is right for you.

Rest assured if there is a lawful way to get you into the U.S. we will find it. 

Waivers of Inadmissability

Have you been told that that you need a waiver by a Consular officer when applying for a visa or at the border when trying to enter the United States? 

It is important to remember that just because you were told that you need a waiver to enter the United States it does not mean that what you have been told is true.  In our experience often times people are incorrectly told by immigration inspectors that they need a waiver to enter the United States when they are in fact admissible without one. 

At Kolken Law we determine at the threshold whether the law supports what you have been told by an immigration official. 

If we determine that what the immigration official told you is incorrect and that you are in fact eligible for admission to the United States we have the tools at our disposal to help get you into the United States without having to go through the waiver process. 

That being said, if we agree that you do need a waiver, we have uncommon success in obtaining them on behalf of our clients, even after they have already been denied.