Green Card/Legal Permanent Residency - The Seven Paths

Lawful Permanent Resident is the term used for a person who has permanent permission to live and work in the United States. The identification card used for lawful permanent residency (an I-551) is green, thus resulting in the nickname “green card.” McKinney Immigration Law will analyze your unique situation and help you select the quickest path to a green card. Contact our firm.

Under the current law, there are seven paths to lawful permanent residency:

• Family-Based: A United States citizen can sponsor a spouse, child (regardless of age or marital status), parent or sibling. A lawful permanent resident can sponsor a spouse and unmarried children (regardless of age). How long it takes for the relative to actually immigrate to the United States depends on the relative’s “preference.” For example, there are always green cards available for spouses, unmarried children under 21, and parents of U.S. citizen sons and daughters who are over 21 years old, while the wait for a U.S. citizen’s brother or sister (aka a “4th Preference” case) usually takes over ten years. State Department information on Family-Based “preferences”

Most people mistakenly believe that it is easy to sponsor a family member for immigration. Another common misconception is that marrying a citizen of the United States automatically grants an individual permanent residency, if not citizenship. This simply is not true. There is a maze of rules and regulations that determine whether or not your spouse or relative is eligible for a green card.

• Employment-Based: United States companies can sponsor foreign nationals for permanent residency. Like family-based cases, the wait for a green card to become available is also divided into categories. State Department information on Employment-Based “preferences”

Many employers do not realize how complicated and time-consuming it can be to sponsor an employee for permanent residency. It is vitally important that you speak to a qualified immigration attorney about your legal options before applying for permanent residency for either yourself or an employee, particularly if your employee is already in the United States.

• Asylee/Refugee Adjustment: Asylees and Refugees can seek green cards after one year. Legislation eliminated the annual asylee adjustment cap, thus dramatically reducing the wait time!

• Humanitarian Adjustment: The United States, at times, provides sanctuary to battered spouses, kids, and parents of citizens and residents, kids who are dependents on a juvenile court, victims of serious crimes, and victims of severe human trafficking.

• Diversity Lottery (“DV”): The United States provides about 50,000 green cards each year to permit immigration opportunities for persons from countries other than the principal sources of current immigration to the United States. Each year, approximately 10 million or so people electronically submit an application. A computer then randomly draws 100,000 names, and those individuals race to get one of the 50,000 green cards. For State Department information on entering the latest Diversity Lottery, click here.
  

• Country-Specific or Time-Specific Legalization: Over the years, Congress has passed legislation which legalizes certain undocumented individuals based on where they are from or how long they have been here. For example, Congress in the past has provided special legalization programs for nationals of Cuba, Haiti, Nicaragua, El Salvador, Guatemala, and various eastern European countries. Congress also created a legalization process for individuals residing in the US since January 1, 1972 and created a limited program for individuals who resided unlawfully in the US between 1982 and 1988.

• Investment: The US makes 10,000 green cards per year available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise. The amount of the investment is large (usually between $500,000 and $1,000,000).

Things to Keep in Mind for Employers

• Undocumented Workers
  
  If you are trying to get a work permit for a current employee who is in the United States without legal immigration status established, it is extremely important to speak to a qualified immigration attorney before submitting the application. If the situation is not handled correctly, your employee could face being detained and deported.

• Strategies for Success
  
  Before you hire an employee who does not have citizenship in the United States or a valid green card, it is vitally important that you speak to a qualified immigration attorney about your professional objectives, legal options, and the immigration process. During a confidential consultation, our experienced employment-based immigration lawyers will take the time to review the situation and provide clear and straightforward counsel on the immigration options available to you, as well as potential advantages and pitfalls you may encounter. We strive to protect your interests by providing you with the information you need to make informed legal decisions.

Eligibility for Citizenship/Naturalization

An individual can become a United States citizen at birth, during childhood by virtue of a parent’s citizenship (derivative citizenship), or through a process called naturalization. Claiming to be a United States citizen when you are not one can have dire, long-term consequences. If you think you might be a citizen of the United States already, or you want to become a citizen, seeking experienced legal help is extremely important.

Derivative and Natural Born Citizenship

Deriving citizenship through your parent or parents is complicated. Several things can impact whether or not you are a U.S. citizen. For example, derivative citizenship can depend on when and where you were born, how long your parent or parents lived in the United States prior to and following your birth, and how old you were when your parent or parents naturalized.

Natural born citizenship is similarly complicated. The phrase "natural-born citizen" appears in the Constitution of the United States. Unfortunately, the constitution does not expressly define “natural-born” nor has the Supreme Court ever ruled precisely upon its meaning. One can be a citizen while not being a "natural-born" citizen if, for example, that person gained citizenship through the process of naturalization or derived their citizenship from a parent after birth. There has been some discussion in the legal world about whether a person born abroad who has citizenship from birth is a “natural-born citizen,” but the law is currently unclear.

Whether you are a U.S. citizen seeking to register your child’s birth abroad (through a process called Consular Report of Birth Abroad/CRBA) or you believe you might have become a U.S. citizen after your birth and need a citizenship certificate as proof, our experienced immigration attorneys in Greensboro, Wilmington, and Asheville, North Carolina are ready to help!

Naturalization

The requirements for naturalization can be difficult to understand and cumbersome to pursue. At McKinney Immigration Law, we will offer an individualized assessment of your ability to become a U.S. citizen, draft the application, and help you to document your case correctly and completely. In addition, our firm will conduct a mock “interview” to prepare you for the real thing.

If you require medical or other disability accommodation while seeking U.S. citizenship, our experienced naturalization attorneys will work with your medical provider to obtain the proper documentation. If your adult family member has a legal guardian appointed by a state court, come meet with one of our experienced naturalization attorneys in Asheville, Greensboro, or Wilmington to discuss if and how they can become citizens of the United States.

Do Not Risk It All: Our Experienced Naturalization Attorneys are Ready to Help!

Permanent Residents are often tempted to file their own applications for citizenship without first consulting with a qualified immigration attorney. It is very important that a potential applicant at least have an initial consultation to verify that they are in fact eligible to naturalize. Certain criminal convictions or life changes that might have happened to the applicant since the approval of their permanent residence might change the recommended course of action.

While obtaining U.S. citizenship is desirable, moving forward in the wrong way can result in rescission and removal proceedings – court actions where the government of the United States tries to take away an individual’s legal permanent residency and make them leave the country. Being screened by our experienced naturalization attorneys in Greensboro, Wilmington, or Asheville, North Carolina can help ensure you avoid legal trouble.

Employers and Employees

H-1B visas are commonly used by businesses to recruit professionals who have very a specialized knowledge base or set of skills. Depending on the details of the situation, the petition may be competing for one of a limited number of visas made available each year. Our experienced H-1B lawyers will evaluate both the business and the employee for eligibility. We will also explain the options available to you, including the potential advantages and disadvantages. Regardless of whether you are an employer or an employee, we encourage you to contact us to discuss the situation.

Teachers, Schools, and Universities

Most schools and universities across the nation qualify for H-1B sponsorship. Schools are often exempt from the annual cap on H-1B visas when hiring teachers and professors in areas, such as ESL, TOESL, special education, foreign language, and other specialized areas.

Our firm has extensive experience working with teachers and their employers to identify the best options for temporary and permanent residency in many different states, including North Carolina, South Carolina, Virginia, Florida, Maryland, New Jersey and Colorado. We also work hard to identify immigration options for a teacher’s immediate family.

General Information:

H-1B visas are commonly used by businesses in the United States to recruit professionals who have, at a minimum, a bachelor’s degree and work in an area of specialized knowledge. Most of these visas are subject to a “cap” which is a limit on the number of visas the United States may grant each fiscal year. The government of the United States’ fiscal year runs from October 1 until September 30 of the next year.

H-1B petitions can be filed six months in advance of the requested start date. For example, if an employer wanted a foreign national to start work on the first day of the government’s fiscal year, October 1, the petition could be filed no sooner than April 1. This is when the majority of H-1B cap subject petitions are filed, due to the limited number of H-1B visas available under federal immigration law each year.

Sometimes, the H-1B cap is reached on the very first day. In recent years, United States Citizenship and Immigration Services (USCIS) have received thousands of visa petitions more than they had visas. A visa lottery is used to determine which petitions are selected for adjudication.

Not all cases must be filed on April 1. H-1B Petitions that are “cap exempt” may be filed at any time during the year. As a result, during our consultations, our immigration attorneys will evaluate the petitioning school, organization, or company information to determine whether the H-1B cap applies.

To give an H-1B case the best possible chance of being selected and approved, we highly recommend that employers and employees in need of work authorization contact us as soon as possible, so that (1) we can determine whether the employee is subject to the H-1B cap; and (2) if so, we can prepare an H-1B petition in time for the April 1 deadline and/or evaluate other visa opportunities or back-up options.

Either the employee or the employer, or both, can schedule a consultation with a McKinney Immigration Law attorney. We will look at the job description for the new hire, the desired start date for employment, salary requirements, the employee’s education and experience credentials, and other background information to determine whether the H-1B category is the most appropriate.

Cap Exempt H-1B For Teachers

Almost all North Carolina schools (and many nationwide) qualify to be an H-1B visa sponsor for teachers when we help them prove they are not subject to the annual limit on H-1B visas. McKinney Immigration Law prides itself in serving teachers in public and private schools, universities, and program organizations. We work with teachers and their employers to identify the best temporary and immigrant visa options, and to identify options for spouses and other family members as well.

McKinney Immigration Law has extensive experience in handling H-1B, PERM, and other employment-based cases for ESL, TOESL, Special Education, Spanish, and other teachers and professors in many states, including North Carolina, Virginia, Florida, Maryland, New Jersey, and Colorado.

Because teaching positions generally are considered professional occupations, the H-1B visa often is the most appropriate visa category for teacher work authorization. Good planning and legal advice are critical.

Our immigration attorneys help teachers and schools:

• Resolve issues regarding whether there are licensing issues that will impact on visa eligibility, and whether a provisional license will result in a grant of less than 3 years of H-1B status;

• Work with credential evaluators to obtain equivalencies for a bachelor’s degree in education from the United States or the specific field of instruction, etc., to avoid common problems many teachers and schools encounter when filing for H-1B status;

• Determine whether there are any options for avoiding the H-1B cap. For example, if a public high school is affiliated with a university that qualifies as an institution of higher education under federal law, the teaching position may not be subject to the H-1B cap;

• Determine whether a change of status from J-1 to H-1B will require a waiver of the 2-year foreign residency requirement. Even if a teacher is not H-1B cap subject, he or she may need to obtain the J waiver now, to obtain H-1B approval before school starts; and

• Walk through the necessary paperwork to ensure that all visa sponsorship laws are met.

What does sponsorship mean? Sponsorship generally means the H-1B worker works for the sponsor and only the sponsor. Sponsorship involves working with attorneys to determine visa eligibility and filing a petition with USCIS. H-1B visas are an affordable option for both teachers and schools.

Nonimmigrant Visas for Employment

Several nonimmigrant visas are provided to persons entering the United States to take temporary employment ranging from farm work to a highly specialized professional position. Under the leadership and direction of board-certified immigration law specialist, Jeremy L. McKinney, our experienced immigration attorneys will take the time to carefully evaluate your situation and identify your legal objectives. After an initial assessment of your, or your prospective employee’s, ability to qualify for a nonimmigrant visa, we will discuss the options available to you and develop a strategy geared toward reaching your goals in the most effective and efficient manner possible.

Immigration and Nationality Act (INA)

Nonimmigrant visas are for foreign nationals who desire to enter the United States for a specific purpose, but do not intend to stay in the United States permanently. The world of nonimmigrant visas is “alphabet soup,” with each type of visa named after their specific subsection in the Immigration and Nationality Act (INA). Our firm can help you navigate this maze and find the right type of visa for you or your worker. Some of the visas we help our clients obtain include:

• B-1 (Business Visitor) or B-2 (Tourist): This category is available to persons who can demonstrate that (a) they have no intention of abandoning their residence abroad and (b) they are visiting the United States temporarily for business or pleasure. Regardless of the life of the visa itself, most B-1 or B-2 admissions are normally no longer than 6 months.

• E-1 (Treaty Trader) or E-2 (Treaty Investor): This category is available for traders, investors, and their employees to carry on substantial trade, or to develop and direct the operations of an enterprise in which the national has made a substantial investment where the applicant is a national of a country with which the United States maintains a treaty of commerce and navigation.
  

• H-1B (Professional Worker): This category is available for persons coming temporarily to perform services in a specialty occupation, or as a fashion model of distinguished merit and ability. Generally, a “specialty occupation” is defined as the theoretical and practical application of highly specialized knowledge requiring completion of a bachelor’s degree as a minimum qualification. Please see our H-1B page for additional information.

• H-2A (Farm Worker) or H-2B (Temporary Worker): This category is available to persons coming temporarily to meet temporary or seasonal needs in positions for which qualified US workers are not available. Generally, the employer must conduct a “recruitment campaign” designed to locate minimally qualified US workers before proceeding with a visa petition.

• J-1 (Exchange Visitor) or Q-1 (Cultural Exchange Visitor): This category is available to persons coming temporarily for educational and cultural exchange programs designated by the Department of State (J-1), or an international cultural exchange program designated by the United States Citizenship and Immigration Services (USCIS) (Q-1).

• L-1A (Manager or Executive Transferee) or L-1B (Specialized Knowledge Worker Transferee): This category is available to persons transferring from a company outside the United States to the company’s United States parent, subsidiary, branch, or affiliate. Generally, the person must have been employed full time abroad for the company for at least one continuous year out of the last three-year period to qualify.

• O-1 (Alien of Extraordinary Ability) or P-1 (Athletes, Entertainment Groups, Artists): This category is available to persons of extraordinary ability in the sciences, arts, education, business, or athletics (O-1); or to perform at a specific athletic competition as an athlete, individually or as part of a group or team, at an internationally recognized level of performance (P-1 Athlete); or to perform as a member of a foreign-based entertainment group that has been recognized internationally as outstanding in the discipline for a sustained and substantial period of time (P-1 Entertainment Group); or to perform, teach or coach as artists or entertainers, individually or as part of a group, under a program that is culturally unique (P-3).

• R-1 (Religious Worker): This category is available for persons entering temporarily to work for a bona fide nonprofit religious organization at the request of the organization, in a religious occupation which relates to a traditional religious function.
  

• TN (NAFTA Worker): This category is available to certain Canadian and Mexican professionals entering temporarily to work for a United States employer under the North American Free Trade Agreement (NAFTA). TN employment must be in a profession listed in Appendix 1603.0.1 to NAFTA and the TN employee must possess the credentials required.

Victims and Witnesses of Crime, Human Trafficking, and Terrorism

There are three main categories of visas available for victims and witnesses of serious criminal activity, human trafficking, criminal organization, and terrorism. They are:

• U (Serious Crime Victim): This category provides temporary immigration benefits to aliens who are victims of certain serious crimes, such as rape, torture, sexual assault, domestic violence, and others.

• T (Trafficking Victim): This category provides temporary immigration benefits to aliens who are victims of severe forms of trafficking in persons, and their immediate family members.

• S (“Snitch”): This category is available for persons who have important information on a criminal organization and whose presence is needed by the law enforcement authorities investigating or prosecuting the matter, or persons supplying key and reliable information to law enforcement regarding a terrorist organization, and in doing so, are placing themselves in danger.

U Nonimmigrant Status: Victims of Violent Crime

In October of 2000, Congress passed the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act). In doing so, Congress created U nonimmigrant status (commonly called a U visa) for victims of certain crimes who have suffered mental and/or physical abuse and are helpful to law enforcement or government officials in the investigation and/or prosecution of the criminal activity.

Understanding our communities are safer when crime is reported, the legislation was intended to do two things: (1) strengthen the ability of law enforcement agencies to investigate and prosecute violent crime while (2) protecting victims of crimes who have suffered substantial mental and/or physical abuse due to the crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity.

You may be eligible for a U nonimmigrant status if:

• You are the victim of a serious crime;

• You have suffered substantial physical and/or mental abuse as a result of having been a victim of criminal activity;

• You have information about the criminal activity;

• You were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime; AND

• The crime occurred in the United States or violated laws in the United States.

If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may assist law enforcement on your behalf. In some cases, the parents or siblings of a child with United States citizenship can seek U nonimmigrant status where the United States citizen child was the victim of a qualifying criminal activity.

If you or a close family member have been the victim of a crime, our experienced immigration attorneys can help you evaluate your options. Even if prosecution is not ultimately possible or successful, you may still qualify. If you qualify for U nonimmigrant status, it could put you on a pathway to legal permanent residency (getting your green card).

T Nonimmigrant Status: Victims of Human Trafficking

Like U nonimmigrant status, T nonimmigrant status for victims of human trafficking was created by Congress in October 2000 as part of the Victims of Trafficking and Violence Protection Act. Human trafficking, or trafficking in persons, is a form of modern-day slavery. Traffickers use force, fraud, and/or coercion to compel individuals to provide labor or services. This sometimes includes sex. Recognizing that traffickers often take advantage of vulnerable populations, like individuals without documentation, Congress created T visas to (1) offer protection to victims of trafficking and (2) strength the ability of law enforcement to investigate and prosecute human trafficking offenses.

There are two forms of human trafficking recognized under federal law as the basis for T nonimmigrant status:

• Sex trafficking, which is when someone recruits, harbors, transports, provides, solicits, patronizes, or obtains a person for the purpose of a commercial sex act, where the commercial sex act is induced by force, fraud, or coercion, or the person being induced to perform such act is under 18 years of age; AND

• Labor trafficking, which is when someone recruits, harbors, transports, provides, or obtains a person for labor or services through the use of force, fraud, or coercion for the purpose of involuntary servitude, peonage, debt bondage, or slavery.

You may be eligible for T nonimmigrant status if you:

• Are or were a victim sex or human trafficking as defined above;

• Are in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to trafficking;

• Comply with any reasonable request from a law enforcement agency for assistance in the investigation or prosecution of human trafficking; AND

• Demonstrate that you would suffer extreme hardship involving unusual and severe harm if you were removed from the United States.

If you are under the age of 18 or unable to cooperate due to physical or psychological trauma, you may not need to show you complied with reasonable requests from law enforcement. In some cases, certain qualifying family members of trafficking victims can also obtain T nonimmigrant status.

If you or a close family member have been the victim of a human trafficking, our experienced immigration attorneys can help you evaluate your options. If you qualify for T nonimmigrant status, it could put you on a pathway to legal permanent residency (getting your green card).

S Nonimmigrant Status: “Snitch Visas”

In 1994, Congress created S nonimmigrant status as part of the Violent Crime Control and Enforcement Act. Congress expanded S nonimmigrant status following the terrorist attacks on September 11, 2001. S nonimmigrant status is given to foreign nationals who assist United States law enforcement in the investigation and prosecution of individuals involved in organized crime and terrorism. Additionally, as with U nonimmigrant status and T nonimmigrant status, certain family members of the foreign national providing the information are also eligible for admission into the United States in an S nonimmigrant derivative status.

There are a very limited number of S nonimmigrant visas available annually. Specifically, there are 200 S nonimmigrant visas available per fiscal year for foreign nationals who provide critical, reliable information necessary to the successful investigation or prosecution of a criminal organization, and an additional 50 per fiscal year for foreign nationals who provide critical, reliable information concerning a terrorist organization and who qualify for a reward under the Department of State's rewards program.

If you have been cooperating with the government of the United States as it investigates and prosecutes a criminal organization or terrorist group, our experienced immigration attorneys can help you review your options.

Qualifying for Asylum

In order to qualify for asylum, seekers must have experienced persecution or have a credible fear of facing persecution because of their race, religion, nationality, membership in a particular social group, or political affiliation. If you fear for your safety because you have been the target of domestic violence or criminal activity, you may be eligible for another form of immigration, such as a green card or a nonimmigrant visa.

Before applying for asylum affirmatively, it is extremely important to take the time to speak to a qualified immigration attorney, because you could face removal or “deportation” if your application for asylum is denied. We will take the time to listen to your concerns and carefully examine all of the details of the situation before providing a clear and direct assessment of your ability to receive asylum. If you qualify, we will file the necessary paperwork and help you prepare for the interview. If you do not qualify, we will craft an immigration strategy based on the unique details of your situation.

Persecution and the Five Grounds

…Guatemalan children fleeing domestic violence and forced servitude
…a lawyer speaking out against Communists in Nepal
…a mother escaping torture in Cameroon

These are only a few of the people McKinney Immigration Law have helped through the years. Asylum might be available if you have suffered persecution or have a credible fear that you will suffer persecution on account of your:

• Race

• Religion

• Nationality

• Membership in a particular social group
  

• Political opinion

However, there are strict time limits with regards to filing your application for Asylum and you should speak with an experienced immigration attorney before filing an application for this benefit. Many immigrants find themselves in removal proceedings because they incorrectly thought that asylum would work for them. Talk to an attorney BEFORE you file!

If our office agrees that you qualify for asylum and that you have a reasonable chance of being approved, we will file the necessary paperwork and prepare you for your interview. If your case has been referred to an Immigration Judge after your initial interview, DON’T WAIT! Call us and schedule a consultation.

Removal Proceedings

Many immigrants find themselves going through removal proceedings because they incorrectly assumed asylum would be granted. When an asylum officer is unable to approve the application, you are no longer in valid status. Removal proceedings will be initiated, and your application will be referred to the immigration court for an immigration judge to review. Our experienced asylum attorneys have extensive experience representing people both with affirmative asylum applications and facing deportation. Whether you are just beginning the asylum filing process or your case has been referred to an immigration judge, we encourage you to contact us immediately — we are here to help.

Removal proceedings are formal court hearings and should not be taken lightly. Failure to appear will automatically result in an order of removal or “deportation.” Such an order can severely limit what options you have going forward. However, it is possible to apply for, and receive, protection and immigration benefits during the removal proceedings.

When dealing with immigration, there are no court-appointed attorneys. You have a right to legal representation, but it is your responsibility to locate and retain your own attorney. It is imperative that you secure a qualified and experienced immigration attorney because the Department of Homeland Security has become extremely aggressive in pursuing removal proceedings against immigrants of all kinds.

Detention and Deportation

If you or a loved one has been detained by Immigration and Customs Enforcement (ICE), the first priority is to identify a way to avoid being deported. The primary reasons for detaining and deporting a person are the violation of immigration laws and/or criminal activity. Regardless of the reason, your case can be argued before the immigration court judge, who has the authority to grant protection from deportation.

Our deportation defense lawyers will take the time to examine all the details of your case and explain your options, including the potential consequences and advantages. We will craft a strategy for your defense that directly addresses any concerns the judge may have, including those involving a criminal background. Our track record of success illustrates our ability to zealously defend your best interests before the immigration court or the Board of Immigration Appeals (BIA).

If you or a loved one has been detained by ICE, we encourage you to contact us immediately. When needed, our attorneys will schedule meetings in a detention facility. Whatever immigration problem you are dealing with, we are here to help.

If you or a loved one is facing removal or “deportation,” we encourage you to contact us to discuss the situation. Our Greensboro, Wilmington, and Asheville deportation defense lawyers have earned a reputation for zealously protecting our clients’ rights through effective and aggressive representation. We have successfully secured protection from deportation for numerous clients throughout North and South Carolina.

Federal Litigation

Most of our cases are handled before United States Citizenship and Immigration Services (USCIS) and the immigration courts. However, we will not hesitate to protect our clients’ rights by bringing a federal case against the Department of Homeland Security (DHS), such as:

• Habeas corpus petitions — A legal action that will release a prisoner who has been unlawfully detained, based on insufficient cause or evidence.

• Mandamus actions — An order to perform specific duties. It is issued by the superior courts to a lower court, like the immigration court.

• Petitions for review before federal circuit court of appeals — A judicial review of a decision made by the Board of Immigration Appeals.

If you or a loved one has been detained, we encourage you to contact us immediately. Our attorneys are available for meetings in Immigration and Customs Enforcement (ICE) detention facilities. Regardless of the reasons behind your immigration problems, we are here to help.


Removal “Deportation” Facts


Removal Deportation Defense handles removal (also known as deportation defense) before Immigration Courts and the Board of Immigration Appeals, as well as federal court litigation at the US District Courts and US Courts of Appeals.


Removal Proceedings (“Deportation”)


The Department of Homeland Security is more aggressive than ever in initiating removal proceedings against the undocumented and even resident aliens. Removal proceedings are formal court hearings and cannot be taken lightly. Failure to appear will result in an automatic order of removal and forfeiture of any bond. You can and will be physically deported from the United States. You have a right to an attorney before the Immigration Court, but there is no right to a court-appointed lawyer, as in criminal cases. It is your responsibility to retain a knowledgeable and effective law firm. Here at McKinney Immigration Law, we provide a range of removal defense strategies. Depending your exact circumstances, we can help you or your loved one with:

• Cancellation of Removal

• Waivers
  

• Voluntary Departure

• Adjustment of Status to Lawful Permanent Residence
  

• Criminal Immigration Matters

• Motions to Reopen
  

• Asylum

• Withholding of Removal and Deferral of Removal Pursuant to the U.N. Convention Against Torture

Immigration litigation is perhaps one of the most specialized areas of law. It is critical to retain a firm with experience! Schedule a consult today.