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USA Phone: 212 500 3277
FAX: 718-634-5626
E-mail: Email us : iglesiaslaw@gmail.com

Immigration

The Law Offices of Robinson Iglesias, headquarters in downtown Brooklyn, has been providing legal representation in immigration law to families across the United States. Immigration laws are complex and often politically charged. The immigration laws and policies have changed dramatically since September 11, 2001. If you have an immigration law question you should contact the Law Offices of Robinson Iglesias immediately at 718 237-2222.

United States Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS) have increased their enforcement of immigration laws. The impact has been devastating to our communities and families. Husband and wife are separated and forced to live a world apart, United States Citizens children are being separated from their immigrant parents and household incomes are broken down to where it’s becoming difficult for families to be able to support themselves for lack of work permits. More than ever, you need dedicated immigration lawyers who can ensure compliance, assist with filings, prepare petitions, update forms and provide skilled representation wherever needed.

The Law Firm of Robinson Iglesias is committed, with their deep knowledge of immigration laws, to keep families united and help you achieve your dream of Citizenship. We know about the many issues affecting immigrants today. Permanent residence is a misnomer, if you have a green card you may be on borrowed time because the government reserves the right to take it away and deport you for a number of reasons. The benefits of Citizenship are astronomical; it guarantees you constitutional protection, the right to vote and all the benefits of being an American. The Law Office of Robinson Iglesias is committed to putting people, who qualify under the law, on the path to Citizenship. We represent clients in three critical areas:

  • Citizenship
  • Green Card
  • Deportation/Removal Defense


Citizenship

The United States has a long history of welcoming immigrants from all parts of the world. America values the contributions of immigrants who continue to enrich this country and preserve its legacy as a land of freedom and opportunity. Becoming a U.S. Citizen is one of the most important decisions in an individual’s life. The Law Office of Robinson Iglesias will guide you through the process, prepare you for the exam and accompany you to the interview.



Eligibility for Citizenship

You are eligible for Citizenship if:

  • If you have been a permanent resident for at least 5 years and meet all other eligibility requirements.
    • Note: You may qualify for Citizenship under Section 319(a) of the Immigration Nationality Act (INA) and be eligible for Citizenship in 3 years if you have been a permanent resident for at least 3 years, have been living in marital union with the same United States Citizen spouse during such time and meet all other eligibility requirements.
  • Be 18 or older
  • Be a green card holder for at least 5 years immediately preceding the date of filing
  • Have lived within the state, or USCIS district with jurisdiction for at least 3 months prior to date of filing
  • Have continuous residence in the United States for at least 5 years preceding filing
  • Be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing
  • Reside continuously within the united States from the date of filing up to the time of naturalization
  • Be able to read, write, and speak English and have knowledge and an understanding of United States history and government (history and civic exam)
  • Be a person of good moral character and honor the Constitution of the United States.


Citizenship for Military Members

Under section 328 (peaceful times) of the Immigration and Nationality Act you are eligible for citizenship if:

  • Be 18 or older
  • Have served honorably in the US armed forces for at least 1 year and, if separated from the US armed forces, have been separated honorably
  • Be a permanent resident at the time of examination on the naturalization application
  • Be able to read, write, and speak basic English
  • Have knowledge of US history and government (history and civic exam)
  • Have been a person of good moral character during all relevant periods under the law
  • Have an attachment to the principles of the US Constitution and disposed to the good order and happiness of the US during all relevant periods
  • Have continuously resided in the US for at least 5 years and have been physically present in the US for at least 30 months out of the 5 years immediately preceding the date of filing UNLESS the applicant has filed an application while still in the service or within 6 months of separation. In the latter case, the applicant is not required to meet these residence and physical presence requirements.

Under section 329 (qualified times of hostilities) of the Immigration and Nationality Act you are eligible for citizenship if:

  • Have served honorably in active-duty, or as a member of the selected reserve of the ready reserve, for any amount of time during a designated period of hostilities (even if 1 day) and, if separated from the US armed forces, have been separated honorably
  • Have been lawfully admitted as a green card holder at any time after enlistment or induction, OR have been physically present in the US or certain territories at the time of enlistment or induction (regardless of whether the applicant was admitted as a green card holder).
  • Be able to read, write, and speak basic English
  • Have a knowledge of US history and government (history and civic exam)
  • Have been a person of good moral character during all relevant periods under the law
  • Have an attachment to the principles of the US Constitution and be well disposed to the good order and happiness of the US during relevant periods under the law

*Note there are no minimum age requirements for an applicant under section 329 and applicants of both section 328 and 329 who are active members of military can apply here or overseas.
The designated periods of hostilities are:

  • September 11, 2011 to Present (will terminate once President issues Executive Order)
  • August 2, 1990 to April 11, 1991
  • February 28, 1961 to October 15, 1978
  • June 25, 1950 to July 1, 1955
  • September 1, 1939 to December 31, 1946
  • April 6, 1017 to November 11, 1918


Citizenship for child (through Parent)

Your child (living inside the US) automatically is a US Citizen if born in the US OR automatically becomes a US Citizenship under section 320 of the Immigration Nationality Act if all of the following conditions have been met:

  • At least one parent of the child is a US Citizen, whether by birth or naturalization
  • The child is under the age of 18
  • The Child is residing in the United States in the legal and physical custody of the US Citizen parent based on a lawful admission for permanent residence
  • An adopted child may automatically become a citizen under section 320 if the child satisfies the requirements applicable to adopted children.

Your child (living outside the US) is eligible for Citizenship under section 322 of the Immigration Nationality Act if meets the following requirements:

  • At least one parent is a US Citizen or, if deceased, the parent was a US Citizen at the time of death.
  • The US Citizen parent or his or her US citizen parent has (or at the time of death had) been physically present in the US or its outlying possessions for at least 5 years, at least two of which were after attaining the age of 14.
  • The child is under the age of 18 years
  • The child is residing outside of the US in the legal and physical custody of the US Citizen parent (or, if the citizen parent is deceased, an individual who does not object to the application).
  • The child is temporarily present in the US after having entered lawfully and is maintaining lawful status in the US
  • An adopted child may be eligible for naturalization under section 322 of the INA if the child satisfies the requirements applicable to adopted children.


Green Card

“Adjustment of status” is the common term for the process of getting a green card while living in the United States. The Immigration and Nationality Act (INA) permits the change of an individual's immigration status while in the United States from nonimmigrant or parolee (temporary) to immigrant (permanent) if the individual was inspected and admitted or paroled into the United States and is able to meet all required qualifications for a green card in a particular category. If you are living in the United States you may be eligible for a green card. Call our office today at, 718 237-2222 and the Law Office of Robinson Iglesias will provide you with individualized service.



Citizenship for child (through Parent)

Many people get green cards through family members. You may be eligible to get a green card as:

  • An immediate relative of a United States Citizen, this includes spouses, unmarried children under the age of 21, and parents of United States Citizen petitioners 21 years or older
  • A family member of a United States Citizen fitting into a preference category, this includes unmarried sons or daughters over the age of 21, married children of any age, and brothers and sisters of United States Citizen petitioners 21 or older.
  • A family member of a green card holder, this includes spouses and unmarried children of the sponsoring green card holder
  • A member of a special category, this can include battered spouse or child (VAWA), a K nonimmigrant, a person born to a foreign diplomat in the United States, a V nonimmigrant or a widow(er) of a United States Citizen


Green Card through an Immediate Relative of a United States Citizen

To promote family unity, immigration law allows United State Citizens to petition for certain qualified relatives to come and live permanently in the United States. Eligible immediate relatives include the United State Citizen’s:

  • Spouse
  • Unmarried child under the age of 21
  • Parent (if the United State Citizen is over 21)

Note: Immediate relatives have special immigration priority and do not have to wait in line for a visa number to become available for them to immigrate because there are an unlimited number of visas for their particular categories.



Green card for a Family Member of a United State Citizen

United States Citizens who want their relatives to immigrate to the United States can file a petition for Alien Relative, for their spouse, children and if the United State Citizen is at least 21 years old, their parents and brothers or sisters.

If your relationship does not qualify you as an immediate relative of a United State Citizen, then you may be in what is called a “family preference category.” Eligible relatives include:

  • Unmarried sons or daughters over the age of 21
  • Married children of any age
  • Brothers and sisters (if the United State Citizen petitioner is over 21)

Note: Congress has limited the number of relatives who may immigrate under these categories each year, so there is usually a waiting period before an immigrant visa number becomes available.



Green Card for a Family Member of a Green Card Holder (permanent resident)

Immigration law allows permanent green card holder to petition for certain eligible relatives to come and live in the United States. A green card holder may file a petition to immigrate to the United States for his:

  • Spouse
  • Unmarried Children of any age

Note: Congress has limited the number of relatives who may immigrate under these categories each year, so there is generally a waiting period before an immigrant visa number becomes available.



Green Card through Special Categories of Family

You may be able to get a green card through a special family situation. However, programs are limited to individuals who meet particular qualifications and/or apply during certain time frames. The special categories are:

    • Battered Spouse or child (VAWA)

      As a battered spouse, child or parent, you may file an immigrant visa petition under the Violence against Woman Act (VAWA). VAWA allows certain spouses, children and parents of United States Citizens and green card holder to file a petition for themselves without the abuser’s knowledge. This is design to provide victims with safety and independence from the abuser.

K Nonimmigrant

    • The K Visa categories for fiancé of United State Citizen and their accompanying minor children were created to speed up the immigration process for such individuals so they could travel more quickly to the United States. By allowing fiancé and minor children to be admitted to the United States as nonimmigrants families can be spared a long separation from their United States spouse, while continuing their processing for a visa after marriage takes place.

Person born to a foreign diplomat in the United States

    • A person born in the United States to a foreign diplomatic officer accredited to the United States is not subject to the jurisdiction of the United States Law. Therefore, that person cannot be considered a United States Citizen at birth under the 14th Amendment to the United States Constitution. This person may, however, be considered a permanent resident at birth and able to receive a green card through creation of record.
  • V Nonimmigrant
    • The Legal Immigration Family Equity (LIFE) Act provisions of 2000 created the v nonimmigrant category that allow the spouse or child of a permanent resident to live and work in the United States while waiting to obtain immigrant status. (To be eligible must be beneficiary of a visa petition filed by a green card holder by December 21, 2000.)
  • Widow(er) of a United States Citizen
    • Widows who were married to United States Citizens at the time of citizen’s death may apply for a green card. Until October 28, 2009, you had to have been married to the deceased citizen for at least two years at the time of the deceased citizen’s death. Congress removed this requirement, effective October 28, 2009.


Deportation/ Removal Defense

As a green card holder you have responsibilities. If you default on those responsibilities the United States government reserves the right to take your green card away and deport you back to your home country. The Department of Justice (DOJ) and the Department of Homeland Security (DHS) are vigorously prosecuting these cases. This is particularly true if you are alleged to have committed a crime in the United States. If you are not a US Citizen and are charged with committing a crime you should contact The Law Office of Robinson Iglesias immediately. A guilty disposition of your criminal case may have very serious consequences and result in your removal or deportation. For example, section 237(a) (2) (A) (i) of the Immigration Nationality Act (INA) provides for:
“The removal of any alien, who is convicted of a crime involving moral turpitude committed within five yearsÂ…after the date of admission, provided the crime is punishable by a sentence of imprisonment of 1 year or longer.”
To protect your rights and immigration status contact The Law Office of Robinson Iglesias immediately if you are alleged to have committed a crime. If you already plead guilty to a crime and you were not informed of the immigration consequences than you may have the right to get the plea vacated provided the records reflect a violation of your Constitutional rights.

If the government sends you a Notice to Appear and is seeking your removal or deportation you may be entitled to the following relief:

  • Cancellation of Removal for Green Card holder if you:
    • Had your Green Card for at least 5 years
    • Have resided in the United State continuously for 7 years
    • Have not been convicted of an aggravated felony
  • Cancellation of Removal for non-Green Card holder if you:
      • Have been physically present in the United States for 10 years

      • Have been a person of good moral character

      • Have not been convicted of certain crimes

      • Must show exceptional and extreme hardship will be caused to United States Citizen or Green Card holder spouse, parent or child if they were removed.

    • Eligibility for Adjustment of Status if

      • Have an immigrant visa immediately available
      • Are admissible
      • Entered the United States lawfully or are covered under the provision of 245(i)
    • Asylum, Convention Against Torture (CAT), and Withholding of Removal

      • A person in deportation proceedings can assert an asylum claim if it can be establish that he will be persecuted if returned to the country of origin on account of; race, religion, nationality, membership in a particular group or political opinion. The burden of proof is a well-founded fear.

      • CAT is available for a person who can demonstrate that he will be tortured if returned back to his country of origin. The burden of proof is the more likely than not standard and also the torture does not have to be on account of race, religion, nationality, membership in group or political opinion.

      • Similar to Asylum, withholding of removal applications must be based on fear of persecution on account of; race, religion, nationality, membership in a particular group or political opinion. However, unlike asylum there is a higher standard of proof, more likely than not that it will happened. Also, unlike asylum withholding does not permit you to get a green card, but it does permit you to remain in the United States and obtain a work permit.

Waivers and Prosecutorial Discretion

    • There are several waivers available to those who are deemed deportable or inadmissible such as 212(h), 212(c) for pre IIRIRA crimes, 237(a)(1)(H) for fraud or misrepresentation.

    • Prosecutorial discretion has been authorized by the Department of Justice primarily for cases where the person has strong family and community ties in the United States, is employed or attending school, has no ties to the country of origin and has no criminal records.

Our immigration team provides creative, personalized, high quality immigration advice to families and individuals. If you are seeking Citizenship, a Green Card, or looking to remain in the United States with your family, the Law Office of Robinson Iglesias is here to serve you. Call us now; 718 237-2222.