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 (IIRAIRA), the Federal Government has systematically become more aggressive in its enforcement of every aspect of United States immigration law and policy. This has impacted every individual or agency that must navigate through the murky waters of the United States immigration system.

Immigration law in New York City can be difficult to understand. Our immigration attorneys in NYC have the experience and knowledge needed to secure your future. You are our priority, and we work with you to build the best defense possible.

If you are in need of a legal representation you can count on, contact the New York City immigration lawyers at Cohen Forman Barone, PC by giving us a call today.

What Are Some NYC Laws that Protect Citizens?

State laws do not generally regulate immigration, but New York has enacted laws and policies to provide 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
Executive Order 170: The policy ensures that state agencies and law enforcement cannot inquire about a person’s immigration status, unless it is 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

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

NYC Municipal ID: This program provides a government-issued ID card to residents, regardless of immigration status, which can be used to access city services and programs
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

What Is the Immigration Legal Process in NY?

The process of immigrating to the United States can be complex and confusing, with various legal procedures involved. Individuals who seek to travel to the United States to live, work, study, or invest must be familiar with the nuances of the various visas. Our immigration lawyers in NYC can help you understand any nuances throughout the immigration legal process. Those already present in the country in violation of the immigration laws must be well-equipped to fight for their rights in court or face deportation from the United States.

Our NYC immigration lawyers help people live, work, and study in the US, including in such cases as:

Applying for and obtaining permanent residency
Fighting removal
Fighting deportation
Seeking immigrant and non-immigrant visas
Applying for Asylum
Obtaining waivers of inadmissibility and relief from removal
Getting work authorization
Obtaining citizenship

Most importantly, we recognize how taxing and confusing this process can be for all involved. This is why we make it our priority to keep our clients educated and informed on the progress of their case. Our clients confirm that this greatly reduces the stress of going through these processes.

What Is the Difference Between Temporary versus Permanent Visas?

Typically, anyone who is not a U.S. citizen or permanent resident wishing to enter the U.S. must have a visa to do so. Two types of visas exist: temporary and permanent. The kind of visa you are required to have upon entry depends on your specific situation.

If you are planning to be in the U.S. for a set period, you must have a temporary, or non-immigrant, visa. However, if you meet specific criteria, you may be able to waive the visa requirement.

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

Employment: These are for people who will be working in the U.S. on a non-permanent basis. Various temporary work visas exist, and the kind an employee must have depends on the circumstances. For instance, if a person will be doing seasonal work, they will need an H-2A or H-2B visa. If they are transferring from overseas to a U.S. office, they would need an L-1A or L-1B visa
Study: Students planning on studying in the U.S. will also need a temporary visa. The requirement applies whether the individual will be 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 who will commute to the U.S. for school
Visits: Tourists and other visitors who will be in the U.S. temporarily will need a B-1 or B-2 visa. A Visa Waiver Program is available for some countries, which would waive the visitor visa requirement

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.

How Can Immigration Attorneys Help Immigrants Like Me?

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 expert legal advice, representation, and compassionate support, immigration lawyers help protect the rights of immigrants, ensuring that they are treated fairly under the law.

Methods used by immigration attorneys to assist their clients include:

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
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 before the Executive Office of Immigration Review, visa interviews before U.S. Consular Offices. Their expertise allows them to effectively advocate on behalf of their clients
Defense Against Deportation/Removal: Immigration attorneys can provide defense strategies for immigrants facing deportation or removal, including defending charges of removal or filing applications for relief from removal. Examples of these applications include asylum, adjustment of status, cancellation of removal, waivers, and other relief that may allow the individual to remain in the U.S.
Legal Support for Employment and Family-Based Immigration: They help employers and individuals with the employment-based immigration process and assist U.S. citizens and lawful permanent residents in petitioning for family members to join them in the U.S.
Navigating Changes in Immigration Law and Policies: Immigration laws and policies change frequently, and attorneys stay updated on all developments to provide timely advice to their clients, helping them to adjust their strategies as necessary
Appeals and 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
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 leveraging these methods, immigration attorneys empower immigrants to pursue their dreams in the United States with confidence, knowing that they have skilled advocates on their side.

What Types of Immigration Matters Do Your New York Immigration Lawyers 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 immigration lawyers in New York City can help with:

Asylum: If a foreign national fears persecution in their home country because of their 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
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
Deportation and Removal Offense Defense: When a foreign national enters the U.S., they must do so legally. They are also required to adhere to rules, regulations, and laws. If they do not meet requirements, they could face deportation. An attorney can help them through their cases
Waivers of inadmissibility allow certain individuals who are otherwise ineligible for a visa or green card to overcome legal bars and remain in or enter the United States. These waivers address grounds such as prior immigration violations, criminal convictions, or misrepresentations, and often require a showing of hardship to a U.S. citizen or lawful permanent resident family member. Our firm has extensive experience guiding clients through the complex waiver process to help keep families together and secure lawful status.
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
Family-Based Immigration: U.S. citizens and lawful permanent residents are able to 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
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 in order to be considered
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

What Benefits Come with Having a Green Card?

One of the most important goals of immigration is obtaining a green card. Many people enter the U.S. with a visa with the goal of becoming permanent residents and eventually U.S. citizens. Our New York immigration lawyers have extensive experience helping individuals and families get green cards based on marriage, employment, and other eligibility.

Some benefits that come with a green card include:

Step on the path to citizenship – Getting a green card is a crucial part of your journey to citizenship
Permanent residency – You can reside in the U.S. permanently with a green card
Work benefits – A green card also provides the right to work and study in the U.S.
Government benefits – Green card holders get greater access to education, healthcare, and welfare benefits
Ease of travel – When you get a green card, traveling in and out of the U.S. becomes much easier

Having a New York immigration attorney assist you with your green card can make all the difference in your path to lawful permanent residence. Call our law firm for help getting a green card, immigration appeals, and other immigration issues.

Should You Hire Our Experienced NYC Immigration Attorneys?

Consulting with our experienced New York City immigration attorney is essential when navigating the complex and 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:

Expertise 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
Case Strategy and 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
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
Communication with Authorities: Our attorney acts as your representative, communicating with immigration authorities on your behalf. This guarantees that every interaction is carried out in a professional manner and in compliance with legal protocols
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
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

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.

Unlike other law firms, our experience goes beyond just immigration. We have extensive criminal defense experience and also practice family law. We are also highly experienced in family law issues, making us your ideal allies when these three sectors of law intersect. You can count on us for aggressive legal representation and personalized advice in any of the three practice areas. Call today to schedule your free consultation.