NYC IMMIGRATION Attorney

Protecting the Rights of Those Entering & Residing in the U.S.

Since the passage of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), the federal government has systematically intensified its enforcement of United States immigration law and policy. This has affected every individual or agency navigating the complex United States immigration system.

Immigration law in New York City can be challenging to comprehend. Our immigration attorneys in NYC have the skills and knowledge needed to secure your future. You are our top priority, and we work diligently to build the best defense possible by tailoring our services to your specific circumstances. We guide you through each step, from assessing your eligibility for different visas to standing by your side during legal proceedings, ensuring you are well-prepared and informed throughout the process.

If you are in need of legal representation you can count on, contact the New York City immigration lawyers at Cohen Forman Barone, PC today. Give us a call at (212) 577-9314 today.

NY Laws to Protect Noncitizens

State laws generally do not regulate immigration, but New York has enacted laws and policies providing certain protections and benefits to undocumented immigrants, including:

• New York State DREAM Act: This law provides access to state financial aid for undocumented students attending college in New York. 
• Green Light Law: This law allows undocumented immigrants to apply for driver's licenses in New York, easing transportation needs and improving quality of life for many.
• Executive Order 170: The policy ensures that state agencies and law enforcement cannot inquire about a person's immigration status unless mandated by law or necessary to determine eligibility for a benefit or service.
• New York Immigrant Family Unity Project (NYIFUP): This program provides legal representation to detained immigrants in removal proceedings who cannot afford an attorney, offering a lifeline to those who might otherwise face legal processes alone.

New York City has also adopted additional policies to protect immigrants, including:

• NYC Municipal ID: This program provides a government-issued ID card to residents, regardless of immigration status, to access city services and programs, enhancing security and belonging.
• NYC Sanctuary City Policy: This policy limits the cooperation of city law enforcement with federal immigration authorities and restricts the use of city resources for immigration enforcement, fostering a safer environment for immigrants.

Immigration Legal Process in NY

Immigrating to the United States is a complex process with various legal procedures involved. Individuals seeking to live, work, study, or invest in the United States must be familiar with the different types of visas and the legal requirements for each. Our immigration lawyers in NYC can help you understand the nuances of the NY immigration legal process. Those already present in the country in violation of immigration laws must be well-equipped to fight for their rights in court or face deportation.

Our NYC Immigration Lawyers Help People Live, Work & Study in the U.S.:

• Apply for and obtain permanent residency, guiding you from initial application to a successful outcome by handling all necessary legal details.
• Fight removal with tailored strategies designed uniquely for each case, ensuring the most rigorous defense possible.
• Fight deportation using comprehensive legal tactics to advocate for your right to remain in the U.S.

We recognize how taxing and confusing this process can be for everyone involved. That’s why we prioritize keeping our clients educated and informed on their case's progress, offering regular updates and open communication channels. Our clients confirm that this greatly reduces the stress of going through these processes.

Temporary vs. Permanent Visas

Typically, anyone who is not a U.S. citizen or permanent resident wishing to enter the U.S. must have a visa. There are two types of visas: temporary and permanent. The type required depends on your specific situation. Understanding which visa applies is crucial, as it impacts your rights, responsibilities, and length of stay in the U.S.

If you plan to be in the U.S. for a set period, you must have a temporary, or nonimmigrant, visa. However, if you meet specific criteria, you may be able to waive the visa requirement, particularly if your country of origin participates in the Visa Waiver Program.

Several types of temporary visas are available, including those for:

• Employment: These visas are for individuals working in the U.S. on a non-permanent basis. Various temporary work visas exist, and the type required depends on the circumstances. For instance, individuals doing seasonal work might need H-2A or H-2B visas, while those transferring from overseas to a U.S. office might need L-1A or L-1B visas.
• Study: Students planning to study in the U.S. will need a temporary visa. The requirement applies whether attending a high school, college, university, seminary, or conservatory. F-1 visas are for full-time students, F-2 visas are for the student's spouse or children, and F-3 visas are for students from Mexico or Canada commuting to the U.S. for school.
• Visits: Tourists and other visitors temporarily in the U.S. will need a B-1 or B-2 visa. A Visa Waiver Program is available for some countries, waiving the visitor visa requirement. Visitors must be aware of their travel restrictions and adhere to U.S. visa regulations to ensure a trouble-free visit.

Permanent visas are for those who plan to live and work in the U.S. indefinitely. Foreign-born spouses and children of U.S. citizens are also required to have permanent visas, providing stability to build their lives in the country.

How Immigration Attorneys Help Immigrants

Immigration attorneys are crucial allies for immigrants navigating the complexities of U.S. immigration law. They play a vital role in making the immigration process more manageable and less daunting for individuals looking to make the United States their new home, work venue, or place of study. By providing legal advice, representation, and compassionate support, immigration lawyers help protect the rights of immigrants, ensuring they are treated fairly under the law. Working with a skilled immigration attorney means having a partner committed to diligently working on every aspect of your case, providing peace of mind throughout the process.

Methods Used by Immigration Attorneys to Assist Their Clients

• Legal Counseling: Immigration attorneys offer personalized legal advice to help clients understand their options and the best path forward based on their unique circumstances. This includes guidance on selecting the right visa, understanding the implications of immigration law on their status, and strategizing for a successful immigration process. Attorneys also help anticipate potential legal challenges, providing proactive solutions to mitigate risks before they escalate.
• Representation in Immigration Proceedings: Lawyers represent their clients in all stages of the immigration process, including interviews with the U.S. Citizenship and Immigration Services (USCIS), immigration court proceedings, and appeals. Their skills allow them to advocate effectively on behalf of their clients. They skillfully navigate courtroom dynamics and lead negotiation efforts, seeking favorable outcomes for their clients at every juncture.
• Defense Against Deportation/Removal: For immigrants facing deportation or removal, immigration attorneys can provide defense strategies, including filing for asylum, adjustment of status, waivers, and other relief that may allow the individual to remain in the U.S. These strategies are tailored to each client's circumstances, providing the best possible defense based on current laws and projected legal interpretations.
• Legal Support for Employment & Family-Based Immigration: They help employers and individuals with the employment-based immigration process, as well as assist U.S. citizens and lawful permanent residents in petitioning for family members to join them in the U.S. By managing all aspects of visa applications and ensuring compliance with regulations, they facilitate family reunification and help businesses attract the global talent they need.
• Navigating Changes in Immigration Law: Immigration laws change frequently, and attorneys stay updated on all developments to provide timely advice to their clients, helping them adjust their strategies as necessary. Ongoing legislative changes mean legal advice must be dynamic and ensure that clients' plans remain viable under new conditions.
• Appeals & Efforts to Reopen Cases: For clients who have faced unfavorable decisions, immigration attorneys can file appeals, motions to reopen, or reconsider cases, striving for a positive outcome. Each appeal is carefully documented and crafted to address specific legal missteps or overlooked evidence in the previous ruling.
• Humanitarian Relief: They assist clients in applying for humanitarian forms of relief, such as Temporary Protected Status (TPS), Deferred Action for Childhood Arrivals (DACA), and humanitarian parole. By advocating in these sensitive areas, attorneys help ensure that vulnerable individuals receive the support and relief necessary to live safely in the U.S.

By leveraging these methods, immigration attorneys empower immigrants to pursue their dreams in the United States with confidence, knowing they have skilled advocates on their side. The trust and reliability of a seasoned attorney can make all the difference in navigating and succeeding within the complex world of immigration laws.

Types of Immigration Matters We Handle

At Cohen Forman Barone, PC, we are committed to helping individuals and families work toward their U.S. immigration goals. As such, we provide skilled legal representation for a variety of matters. Our comprehensive service range sets us apart by offering versatile solutions for diverse immigrant needs, ensuring each client finds a pathway forward aligning with their aspirations.

Our immigration lawyers in New York City can help with:

• Asylum: If a foreign national fears persecution in their home country due to race, religion, nationality, political opinion, or membership in a social group, they may seek asylum in the U.S. A person granted asylum is protected from deportation to their home country. They may also work in the U.S. and be eligible for specific government benefits, providing security and the opportunity to rebuild their lives.
• Citizenship & Naturalization: For a foreign-born person to become a citizen of the U.S., they must meet specific requirements. Additionally, they must go through a rigorous application process. Achieving citizenship grants individuals the full rights and privileges of a U.S. citizen, including voting and unrestricted travel, representing a major milestone in their journey.
• Deportation Defense: When a foreign national enters the U.S., they must do so legally and adhere to rules, regulations, and laws. If they do not meet requirements, they could face deportation. An attorney can help them through their cases by providing a comprehensive defense against removal and striving to uphold their right to remain in the U.S.
• Employment-Based Visas: Anyone wishing to work in the U.S. on a temporary or permanent basis must have a visa. Several types of employment-based visas are available, and it's best to talk to an attorney to determine which applies in a particular situation. These visas provide a structured path for contributing to the U.S. economy while gaining international work experience.
• Family-Based Immigration: U.S. citizens and lawful permanent residents can petition for visas for their family members. U.S. citizens can submit petitions for their spouses, children, parents, or siblings. Lawful permanent residents can file petitions for their spouses or unmarried children. Ensuring family reunification is a cornerstone of our practice, upholding familial bonds within U.S. borders.
• Green Cards: Foreign nationals seeking to live and work in the U.S. permanently can apply for a green card. Certain eligibility criteria must be met to be considered. Successfully obtaining a green card is a pivotal step toward long-term residency, offering stability and the potential for future citizenship.
• Cancellation of Removal: If a person is facing removal from the U.S., two options are available to challenge their deportation. The type that applies depends on the specific circumstances. Cancellation of removal can be a lifeline for many, offering a chance to remain in the U.S. under adjusted legal status.
• Waivers: Foreign nationals accused of certain crimes may be deemed inadmissible to enter or remain in the U.S. However, they can apply for relief to seek to have the offense excused or waived. This relief offers a second chance to enter or remain in the U.S., especially when resolved through professional legal procedures.

Our Experienced NYC Immigration Attorneys Can Help

Consulting with our experienced New York City immigration attorney is essential when navigating the often challenging immigration process. 

With over 75 years of combined experience, the benefits of securing legal representation in immigration matters from Cohen Forman Barone, PC, are numerous:

• Proficiency in Immigration Laws: Our experienced NYC immigration attorney possesses in-depth knowledge of the constantly evolving immigration laws and policies, ensuring accurate and up-to-date advice. This proficiency helps clients make informed decisions on their immigration paths, aligning choices with present legal structures.
• Case Strategy & Planning: Crafting a tailored strategy for your immigration case is crucial. Our skilled attorneys can assess your situation, identify potential challenges, and develop a comprehensive plan to achieve your immigration goals. Proactive planning mitigates risks, positions clients strategically, and enhances chances of favorable outcomes.
• Legal Documentation: Immigration processes involve extensive paperwork. Our experienced lawyers can assist in the preparation and review of all essential documentation, reducing the likelihood of errors that may result in delays or denials. Proper documentation not only adheres to legal standards but also expedites case progression.
• Communication with Authorities: Our attorney acts as your representative, communicating with immigration authorities on your behalf. This guarantees that every interaction is carried out professionally and in compliance with legal protocols. Such representation ensures clarity, compliance, and peace of mind for clients, who trust us to accurately represent their intentions and commitments.
• Timely Updates: Immigration processes can be lengthy. An attorney keeps you informed about the progress of your case, providing peace of mind and mitigating uncertainty. As part of our commitment, regular updates ensure that our clients are always aware of their case's status and the subsequent steps required.
• Resolution of Complex Issues: If complications arise, such as visa denials or removal proceedings, an experienced attorney has the skills to navigate these complexities, presenting strong arguments for your case. Our approach emphasizes thorough case evaluation and innovative solutions, turning obstacles into pathways for resolution.

Navigating the intricacies of immigration law in NYC requires legal expertise. Our experienced NYC immigration attorney understands the nuances of the city's diverse population, providing personalized guidance for individuals and families seeking to establish themselves in the United States. With tailored strategies, dynamic legal support, and a steadfast commitment, we are dedicated to turning your immigration challenges into a journey of new beginnings.

Contact us online or give us a call at (212) 577-9314 today to speak with our experienced NYC immigration attorneys.