Legal Guide from Immigration Attorney in New York

The Immigration and Nationality Act (INA), codified in Title 8 of the United States Code, forms the foundation of all U.S. Immigration law. This statute establishes visa categories, eligibility requirements, and grounds for deportation. Additionally, the Code of Federal Regulations (CFR) Title 8 provides detailed procedures for immigration applications and hearings. An immigration attorney in New York must be familiar with these federal rules to effectively represent clients in visa petitions, adjustment of status applications, and other immigration matters.

Immigration cases encompass employment-based immigration, family-sponsored immigration, humanitarian relief such as asylum and refugee status, and removal proceedings. Some clients seek to bring family members to the United States through family petition processes. Others require sponsorship for employment-based visas such as H1B, L1, or EB green cards. Still others face deportation and need aggressive defense strategies. An immigration attorney in New York assesses each client's unique circumstances to determine the best legal pathway.

The H1B visa allows U.S. Employers to temporarily employ foreign workers in specialty occupations. The L1 visa enables intracompany transfers for multinational corporations. The O1 visa is reserved for individuals with extraordinary ability in science, arts, education, business, or athletics. Employment-based green cards (EB1, EB2, EB3 categories) provide permanent residency for qualified foreign workers. An immigration attorney in New York guides employers and employees through petition filing, labor certification processes, and adjustment of status applications to secure long-term work authorization.

Obtaining a green card through employment sponsorship requires meeting specific education and experience requirements and demonstrating that no available U.S. Workers can fill the position. The labor certification process, conducted by the Department of Labor, verifies that hiring a foreign worker will not negatively affect U.S. Worker wages and employment opportunities. After labor certification approval, the employer files an immigrant petition (Form I140) with USCIS. An immigration attorney in New York manages each step of this multi-year process to ensure compliance with all regulatory requirements and timely filing of necessary documents.

The Immigration Court in New York has multiple locations, including courts in Manhattan, Jamaica (Queens), and Newark (covering parts of New York). Each location handles cases involving individuals who are in removal proceedings or seeking relief from deportation. The Manhattan Immigration Court typically handles cases involving individuals arrested in Manhattan and surrounding areas. The Jamaica court in Queens serves the Queens, Brooklyn, and Staten Island regions. An immigration attorney in New York must be familiar with the specific procedures, local rules, and judge assignments at each court location to effectively represent clients in immigration proceedings. Additionally, understanding the intersection of immigration law with other legal areas is important; for instance, clients facing both immigration and civil legal issues may need guidance on matters such as Defamation Attorney services if their immigration case involves reputational concerns.

Removal proceedings are formal legal processes initiated by the Department of Homeland Security (DHS) to deport individuals from the United States. The process begins with a Notice to Appear (NTA) and culminates in a hearing before an immigration judge. An immigration attorney in New York represents clients throughout these proceedings, filing motions to terminate deportation, requesting continuances, and presenting evidence and witness testimony. Possible defenses include asylum claims, cancellation of removal for long-term permanent residents, waivers of deportability grounds, and prosecutorial discretion arguments. The outcome of removal proceedings directly affects a client's ability to remain in the United States, making skilled legal representation essential.

Adjustment of status allows individuals already in the United States to apply for permanent residency without returning to their home country for consular processing. This process requires filing Form I485 (Application to Register Permanent Residence or Adjust Status) along with supporting documents, medical examination results, and police clearance certificates. An immigration attorney in New York ensures that all required documentation is complete and accurate, responds to USCIS requests for additional evidence (Requests for Evidence, or RFEs), and represents clients at adjustment of status interviews. Timely and thorough preparation significantly increases the likelihood of approval.