
IMMIGRATION
Practice Areas
Explanation: Removal defense is the legal process of representing individuals in immigration court who are facing deportation from the United States. Attorneys in this area work to prevent clients from being removed by challenging the grounds for deportation, presenting defenses, or negotiating relief options.
Example: A client is detained by ICE and faces deportation due to a criminal conviction. The attorney may argue for relief from deportation based on the client’s family ties in the U.S. (e.g., exceptional and unusual hardship to U.S. citizen children), fear of returning to their home country, or eligibility for a specific visa.
Explanation: Asylum provides protection to individuals who fear persecution in their home country due to race, religion, nationality, political opinion, or membership in a particular social group. Successful asylum claims can allow individuals to live and work in the U.S. and eventually apply for permanent residence.
Example: A client from a country with political unrest fears persecution for their activism. The attorney assists the client in applying for asylum by documenting the risk they face if returned to their country.
Explanation: U visas are available to victims of certain crimes who have suffered substantial mental or physical abuse and have cooperated with law enforcement in investigating or prosecuting the crime.
Example: A client who was a victim of domestic violence aids law enforcement in prosecuting their abuser. They may be eligible for a U visa, which provides temporary legal status and a pathway to permanent residency.
Explanation: T visas are available for victims of human trafficking who have assisted law enforcement in investigating or prosecuting the trafficking crime. T visa holders are eligible for work authorization and may later apply for permanent residency.
Example: A client brought to the U.S. under false pretenses and forced to work without pay applies for a T visa with their attorney’s help after cooperating with authorities to prosecute their trafficker.
Explanation: Naturalization is the process by which lawful permanent residents (green card holders) apply to become U.S. citizens. The process includes meeting residency requirements, demonstrating good moral character, and passing English and civics tests.
Example: A permanent resident for over five years seeks assistance in applying for naturalization, navigating the requirements to become a U.S. citizen.
Explanation: Family-based immigration allows U.S. citizens and lawful permanent residents to sponsor certain family members for immigration status or green cards. This process helps families reunite in the U.S.
Example: A U.S. citizen wants to bring their spouse, who lives abroad, to the U.S. An attorney assists in filing the necessary family-based visa petition to start the process.
Explanation: Deferred Action for Childhood Arrivals (DACA) provides temporary protection from deportation and work authorization for certain undocumented individuals who were brought to the U.S. as children. Renewals are necessary to maintain status.
Example: A DACA recipient whose permit is about to expire receives help with submitting their renewal application to ensure continued protection and work authorization.
Explanation: Advance Parole allows individuals without permanent residency to travel outside the U.S. and re-enter without jeopardizing their immigration status. It’s often used by DACA recipients or those with pending immigration applications.
Example: A DACA recipient planning to travel abroad for a family emergency consults with their attorney to obtain Advance Parole to ensure they can return to the U.S.
Explanation: VAWA provides protection for immigrant victims of domestic abuse, allowing them to petition for legal status independently of their abuser if their abuser is a U.S. citizen or lawful permanent resident.
Example: A client experiencing abuse by their U.S. citizen spouse files for immigration relief under VAWA with the support of their attorney to seek protection and independence from their abuser.
Explanation: SIJS is a pathway for minors who have been abused, neglected, or abandoned by one or both parents to obtain legal status in the U.S. if returning to their home country is not in their best interest.
Example: A young client abandoned by their parents applies for SIJS with their attorney’s help, allowing them to remain in the U.S. legally and potentially become eligible for a green card.