Experienced Immigration Attorneys Serving Cleveland and the Entire United States
The umbrella of the U.S. immigration law covers a huge number of different types of cases. There are simply too many to list on this website. We’ve selected a half dozen of common situations and listed them below. Please give us a call at 216-970-7102 as Hammond Law Group has hundreds of years of combined experience in immigration law. One of our immigration lawyers has likely run across your issue or one similar.
- Deferred Action for Childhood Arrivals (DACA). USCIS updated their website on DACA matters on August 10, 2016. There is only one DACA. President Obama initiated DACA in 2012. To qualify for DACA please see Hammond Law Group’s DACA webpage.
- Notice of Intent to Deny (NOID). A Notice of Intent to Deny is different than a Request for Evidence (RFE). See Below. USCIS issues a NOID, as it is commonly called, when the agency has all of the evidence and ready to make a decision which would be a denial. However, instead of denying the case and causing harm to the employer or individual, USCIS gives the petitioner or applicant an opportunity to argue their position. NOID’s can be issued on any type of case including H-1B’s, L-1A’s, O-1’s and applications to adjust status as well as citizenship applications. Remember, USCIS intends to deny your case and this is notice of that intent but as the applicant or petitioner you get some time to rebut the agency’s position. Hammond Law Group has extensive experience in dealing with these issues. Please call us at 216.970.7102.
- Requests for Evidence (RFE). After filing a case, whether it be a marriage based adjustment of status case or an H-1B visa petition or an I-140 visa petition, USCIS may determine more evidence is needed to make a decision. USCIS issues a Request for Evidence or what’s commonly called an RFE. This RFE may be simple and only request one document like a translation of a birth certificate. An RFE may have multiple portions to it and require substantial documentation like where an H-1B petitioner is asked to prove that the job is a specialty occupation or that the beneficiary qualifies for the work. If you receive an RFE on your case (family, citizenships, employment or anything else) please call us at 216.970.7102. Please also have that RFE ready to transmit to us via email or fax so we can review it with you.
- Temporary Protected Status (TPS). Temporary Protected Status permits people from designated countries to remain in the U.S. with work authorization. Congress intended TPS to provide relief from great civil unrest or natural disasters. The Secretary of the Department of Homeland Security designates or re-designates countries for certain periods of time. USCIS routinely updates their website for those countries designated for TPS.
- U Visas. The U visa provides non-immigrant status (and work authorization) for victims of certain crimes. Those victims must also be currently assisting or have previously assisted law enforcement in the investigation or prosecution of the crime, or who are likely to be helpful in the investigation or prosecution of criminal activity. The U visa also provides a way to get a green card.
- Violence Against Women Act (VAWA). This law provides a way for non-citizens to seek permanent resident status when they’ve been abused by a family member. Congress wanted to provide a safety net for those who were in abusive marriages or relationships. This law provides two different ways for an abused foreign national to get out of the abusive environment and still move forward toward getting proper immigration status. USCIS, on February 16, 2016, updated their website regarding self-petitions for battered spouses, children and parents.
- VAWA Self-Petition. The spouse or child or a United States citizen or Lawful Permanent Resident, or the parent of a United States citizen, who is battered or subjected to extreme cruelty may file a self-petition (meaning without the citizen or LPR relation) directly with USCIS. Children of battered spouses are included in the battered spouse self-petition. This means that the battered foreign national need not stay in the abusive relationship just to protect their spot in the immigration process. This allows the foreign national to get away from the abuser and to safety and still get the appropriate immigration benefit.
- VAWA Cancellation of Removal. If a foreign national is in removal proceedings and they’ve been battered or subjected to extreme cruelty, they may be eligible to cancel their removal. This is called relief from removal. The foreign national must prove the abuse and that they were physically present I the U.S. for at least three years immediately preceding the date of the application and they’ve been a person of good moral character for those three years and that they’re not legally ineligible (see your immigration law team for this determination).
This is an extremely short list because immigration covers so many different types of cases. Please email or call Hammond Law Group with any questions about the above or other facets of U.S. immigration law. Our number is 216-970-7102.