Immigration and Nationality Act Attorney in Brooklyn NY

The INA establishes multiple visa categories, each with specific eligibility criteria and numerical limitations. Family-based visas (F1 through F4) allow U.S. Citizens and permanent residents to sponsor relatives. Employment-based visas (EB-1 through EB-5) serve skilled workers, professionals, and investors. Humanitarian visas, including refugee and asylee status, protect individuals fleeing persecution. An immigration attorney in Brooklyn NY evaluates your circumstances against these classifications to identify the most advantageous pathway to lawful status.

The INA specifies numerous grounds that render a person ineligible for admission or subject to removal. These include criminal convictions, security concerns, health-related issues, and violations of immigration status. Understanding the distinction between inadmissibility (preventing entry) and deportability (permitting removal of those already admitted) is critical. An immigration attorney in Brooklyn NY analyzes whether waivers or relief mechanisms exist to overcome these grounds and protect your immigration status.

USCIS requires specific forms for each immigration benefit, such as Form I-485 for adjustment of status or Form I-765 for work authorization. Each form demands supporting documents including birth certificates, police clearances, medical examinations, and financial affidavits. The agency applies strict evidentiary standards to verify eligibility and admissibility. An immigration attorney in Brooklyn NY compiles comprehensive evidence packages that demonstrate your qualifications and overcome any potential concerns before USCIS adjudication.

All applicants undergo biometric identification and background investigation. This process includes fingerprinting, name checks, and security database searches. Criminal history, prior immigration violations, or security flags can trigger additional scrutiny or denial. An immigration attorney in Brooklyn NY prepares clients for this process and addresses any issues that may arise during background review.

The U.S. District Court for the Eastern District of New York, with courthouse facilities in Brooklyn, reviews immigration agency decisions through habeas corpus petitions and Administrative Procedure Act challenges. This court examines whether USCIS or the Department of Homeland Security acted arbitrarily, capriciously, or contrary to law. The Eastern District applies a deferential standard of review but permits judicial intervention when agencies exceed their authority or violate procedural requirements. An immigration attorney in Brooklyn NY files motions and briefs in this court to challenge denials of visas, green cards, or other immigration benefits when administrative remedies are exhausted.

The New York Immigration Court, located in Brooklyn, conducts hearings for individuals placed in removal proceedings by ICE. These proceedings determine whether a respondent is deportable, whether relief from removal exists, and what immigration consequences result. The court operates under the Immigration and Nationality Act and applies the Rules of Procedure for Immigration Removal Proceedings. An immigration attorney in Brooklyn NY represents clients at immigration court hearings, files motions, presents evidence, and argues for relief from deportation including cancellation of removal, asylum, withholding of removal, and Convention Against Torture protection.

Asylum protects individuals who have suffered persecution or have a well-founded fear of persecution on account of race, religion, nationality, political opinion, or membership in a particular social group. The withholding of removal provision offers similar protection but with stricter evidentiary standards and more limited benefits. Both forms of relief require detailed testimony, country condition evidence, and expert declarations. An immigration attorney in Brooklyn NY prepares compelling asylum applications and represents clients at immigration court hearings to establish eligibility and secure protection from return to dangerous conditions.

Cancellation of removal allows certain non-citizens with substantial ties to the United States to remain despite deportability. Eligibility requires continuous physical presence for at least 10 years, good moral character, and demonstration that removal would cause exceptional and extremely unusual hardship to a U.S. Citizen or permanent resident family member. Voluntary departure permits individuals to leave the United States at their own expense and on their own schedule, avoiding the immigration consequences of a formal deportation order. An immigration attorney in Brooklyn NY evaluates which option better serves your interests and negotiates favorable terms with immigration authorities.