Comprehensive Legal Services
In need of experienced, compassionate, and ethical immigration legal representation? Contact Lima & Wyatt, LLP in Philadelphia, PA.
Lima & Wyatt, LLP can help you find the best available option for your immigration needs, whether you want to temporarily visit the United States or live here permanently.
Employment- and Education- Based Immigration
Family-Based Immigration
Permanent Residency Through a Family Member Petitioner
Naturalization / Citizenship
Asylum / Humanitarian Relief
Asylum:
Asylum is an option available to certain people in the United States who fear returning to their home country because they believe they will be persecuted if they return. Asylum law is one of the most complex parts of immigration law- the US government requires considerable proof of eligibility for asylum, and applicable law and policies change frequently, forcing applicants to meet new challenges midway through their cases.
It is critically important to file a timely application. Normally means within one year of your undocumented arrival or within one year of the expiration of your lawful nonimmigrant status. A year is not a long time when you are just arriving in a new country after having had to flee an untenable situation, but we can expedite filings if necessary to maximize your likelihood of success.
A successful asylum applicant must establish that a well-founded fear of future persecution due to one or more of five specific reasons. The applicant must show that the persecutors will harm him because of his Race, Religion, Nationality, Political Opinion, or his membership in a Particular Social Group.
After having filed an asylum application, an applicant must wait 150 days before filing for a work authorization document that will allow the applicant to obtain a Social Security Card and State Driver's License or ID. Eventually, an interview will be needed at the Asylum Office for a determination to be made on the application.
If it is approved, asylum is granted and within one year, an application may be filed for permanent residency and applications may be filed to bring over certain family members. If it is not approved at the first level, the case will be referred to immigration court for an opportunity to convince the immigration judge that the Asylum Office has made a mistake. We are experienced in handling every step of this process and look forward to discussing your particular case.
T Visas:
T visas are a temporary status that enable certain victims of a severe human trafficking in persons to remain in the United States for an initial period of up to 4 years if they cooperated with law enforcement in the investigation or prosecution of human trafficking. T nonimmigrant status is also available to certain eligible family members of trafficking victims. T nonimmigrants are eligible for employment authorization and certain public benefits. T nonimmigrants who qualify may also be able to adjust their status and become lawful permanent residents (get a Green Card).
U Visas:
U visas are a temporary status that allow victims of certain serious crimes to remain in the United States if they cooperated with law enforcement in the investigation or prosecution of the crime they suffered. U visas are also available to certain family members of the principal crime victim. U nonimmigrants are eligible for employment authorization and may also be able to adjust their status and become lawful permanent residents (get a Green Card).
Violence Against Women Act (VAWA)
Special Immigrant Juvenile Status (SIJS)
Special Immigrant Juvenile Status (SIJS) in an option for certain children under 21 years old to obtain lawful immigration status. Children who have been abused, abandoned, or neglected by one or both of their parents, and who have sought the protection of a family or juvenile court, may be eligible for this status. Children who have been granted SIJS may later be eligible to apply for a Green Card.
Because SIJS is only available to children under 21 (or under 18 in some states), it’s important that immigrants who feel they may qualify for SIJS complete the process as soon as possible before they age out of this potential form of relief.
Consular Processing
“Consular Processing” refers to the adjudication of both non-immigrant and immigrant visas by U.S. consular officers posted abroad at U.S. Embassies and visa-processing Consulates worldwide.
In adjudicating visas, consular officers review the cases of the visa applicants’ eligibility for the visas for which they are applying, and their admissibility to the United States under the relevant portions of the Immigration and Nationality Act (INA). The extraordinary authority the INA grants to consular officers to make decisions in cases involving highly complex questions of fact and law can lead to flawed visa decisions which can be difficult to challenge without expertise.
• Removal Defense
• What to Expect During Removal Proceedings
When DHS charges a person with an immigration law violation, it serves the individual with a charging document called a Notice to Appear (NTA). The NTA lists the factual allegations and immigration law charges against the individual- these are the reasons that DHS is seeking to deport the person from the United States Once the NTA is filed with the Immigration Court, the Court will set a date for the individual to appear for his or her first hearing. Over the course of these removal proceedings, an immigration judge will determine if the person is eligible to remain in the United States, or if they should be deported from the country.
Proceedings can take place while the respondent is non-detained or detained. If the respondent is not detained, the case may take several years to be completed. If the respondent is detained, the case will be completed much more quickly, often within a few months. Every case is different, and the amount of time to complete the case depends on many factors.
• Basic Immigration Court Hearing Information
There are two types of Immigration Court proceedings. The first type of hearing is called a “master calendar hearing.” During this preliminary hearing, the judge will ask the respondent to plead to the allegations and charge(s) contained in the NTA. The judge may allow the respondent more time to find an attorney before moving forward. After taking pleadings, if the judge finds that the respondent is “removable” (deportable) based on the allegations and charge(s) in the NTA, then the judge will ask the respondent whether or not he or she will be applying for “relief” from removal and schedule a subsequent hearing if necessary. Once all applications for relief have been filed, the judge will schedule an individual hearing.
The second type of hearing is called an “individual hearing.” If a respondent applies for a lawful status before the court, the immigration judge will schedule an individual hearing where the respondent can discuss the facts of their case and provide testimony to the court. The respondent has the opportunity to argue why he or she should be permitted to remain in the Unted States, and DHS will argue why the respondent should be deported from the U.S. The judge will hear both sides and then issue a decision. The judge may give an oral decision at the conclusion of the individual hearing, or the judge may issue a written decision at a later date depending on the availability of time and the complexity of the case.
Appeals
There are several forms of relief from removal that an individual may apply for if he or she is legally eligible. Most forms of relief are discretionary, which means the judge will engage in a two-step process to determine whether to grant relief. First, the judge will determine if the person meets the legal requirements for the type of relief requested. Second, the judge, based on his or her discretion, will decide whether the individual merits relief from removal depending on the positive and negative equities of the case. Our office handles all types of relief from removal cases, and we work within the confines of constantly changing law and policy to secure the best possible outcome for our clients.
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We provide our immigration law services to anyone located anywhere, and our Criminal Defense services to clients in Pennsylvania and New Jersey.