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Immigration Law Practice Areas
Elle Grey P.A. will assist with your family-based, humanitarian-based, or employment based immigration needs. Our experienced attorneys will evaluate your case and offer the best option for a positive outcome. The procedure for gaining legal immigrant status will depend upon, among other factors, which path you are eligible to pursue based on your family, humanitarian, or employment situation.
FAMILY BASED IMMIGRATION
You can seek immigrant status if you are eligible for lawful permanent residence and have a relative that is a U.S. citizen or lawful permanent resident that is willing to file a family-based petition on your behalf. If you are a foreign citizen seeking to immigrate to and to live permanently in the United States, you require an immigrant visa. You must besponsored by an immediate relative who is at least 21 years old and is either a U.S. citizen or a U.S. Lawful Permanent Resident (green-card holder).
There are two types of family-based immigrant visas: Immediate Relative visas, which are based on a close family relationship with a U.S. citizen, such as a spouse, child orparent, and Family Preference visas, which are visas for specific, more distant, family relationships with a U.S. citizen and some specified relationships with a green card holder.Our experienced attorneys will guide you through the applicable process.
This includes but is not limited to applications for:
● Adjustment of Status● Certificate of Citizenship● Consular Processing● Green card renewal● I-130 Petitions● International Adoptions● Naturalization● Removal of Conditions on Residence● Waivers
EMPLOYMENT BASED IMMIGRATION
You can also seek immigrant status based on a permanent employment opportunity. You must be eligible under one of the categories of employment-based immigration recognized under U.S. law, and your employer must be willing to file an immigrant visa petition (usually Form I-140, Petition for Alien Worker) on your behalf, which the government must approve. Your employer will also be required to complete and submit a labor certification request to the Department of Labor's Employment and Training Administration. There are five employment-based immigrant visa preferences categories:
EB1-A: Extraordinary Abilities in Sciences, Arts, Education, Business, or AthleticsTo qualify, an applicant must prove that he/she is an individual with extraordinary abilities in the sciences, arts, education, business, or athletics. This category also includes outstanding professors or researchers as well as multinational executives and managers.
EB-1 applicants can self-petition for an Immigrant Visa for Alien Worker, if approved, such immigrant visa petition will result in a green card.
EB1-B: Outstanding Professors or Researchers To qualify, an applicant must be recognized internationally as outstanding in a specific academic area and has at least 3 years of experience in teaching or research in said academic area. Provided that those two requirements are satisfied, the alien must be seeking to enter the United States to: (a) Take a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area in which the alien has the requisite recognition and expertise; or (b) take a comparable position within a university or institution of higher education to conduct research in said academic area; or (c) take a comparable position to conduct research in said academic area within a department, division, or institute of a private employer (which must employ at least 3 persons full time in full-time research activities and must have documented accomplishments in the academic field).
EB1-C: Multinational Managers and ExecutivesTo qualify, an applicant must prove that he/she had been employed outside the United States for at least one year in the last three years immediately preceding the application; in a managerial or executive capacity; and now seeks to enter the United States to continue that employment in a managerial or executive capacity with the same firm, corporation, organization or legal entity or its legitimate subsidiary or affiliate.
EB2: Advanced Degree holders (Master’s degrees or higher)To qualify, an applicant must prove that (a) he/she is a member of the professions holding an advanced degree or the equivalent of an advanced degree; or (b) he/she will substantially benefit the national economy cultural or educational interests or welfare of the United States because of his or her exceptional ability in the sciences, arts, or business and whose services are sought by an employer in the United States.
EB3: Professional, Skilled, or Other WorkersTo qualify, an applicant must fall into one of the following categories:(a) A professional that holds a Bachelor's Degree, or the foreign equivalent and work in the field in which they earned their degree.(b) A skilled worker at a job which requires full-time permanent employment. This excludes all forms of seasonal and/or temporary employment. The position should also require a minimum of 2 years training or work experience.(c) Other workers - jobs that require less than two (2) years of training. These jobs cannot be temporary or for seasonal hire. There should also be a shortage of qualified U.S. workers for these types of positions.
Removal Defense
Our attorneys also handle Removal Defense, including:
Withholding of Removal - You may be eligible if you can demonstrate that it is “more likely than not” that you would be persecuted in your home country if you return. A person who is granted withholding can stay in the U.S. and can get work authorization.
Protection under the Convention Against Torture (CAT) – You may be eligible if you can demonstrate that it is “more likely than not” that the government of your home country—or some person or group the government cannot control—will torture you if you return.
Cancellation of Removal for non-lawful permanent residents - You may be eligible if you can prove ten years’ physical presence in the U.S. and can also show that your being removed would cause “exceptional and extremely unusual hardship” to your U.S. citizen or permanent resident spouse, parent, or child.
Cancellation under the Violence Against Women Act (VAWA) – You may be eligible if you can show that you have been “battered or subjected to extreme cruelty” by a U.S. citizen or permanent resident spouse and meet other requirements, including three years of physical presence in the U.S. and good moral character.
Prosecutorial Discretion - This is a decision by the government agency that is trying to deport you to stop trying to do so. If you receive prosecutorial discretion, you may be able to apply for work authorization but will not be eligible for other benefits such as the right to travel.
Voluntary Departure - If all else fails, you may choose to leave the U.S. without staining your immigration record with a past order of removal (which can make returning to the U.S. even harder).