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 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 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.
NY LAWS TO PROTECT NONCITIZENS
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.
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 NYC can help you understand any nuances throughout the NY 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:
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.
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 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 nonimmigrant, 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 visas. 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.
Types of Immigration Matters We Handle
At Cohen Forman Barone 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 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 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.
- 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.
- 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.
Aggressive Immigration Lawyers NYC
The attorneys at Cohen Forman Barone have long assisted companies seeking to hire foreign workers or those facing government investigations over their hiring practices and record keeping of non-citizen employees. Our NYC immigration lawyers have experience fighting for employment-based visas and the companies they work for. Our attorneys are ready to represent you and are ready to fight for your future. If you are facing deportation from the country or seeking to lawfully live and work in the United States, Cohen Forman Barone is here to help get you through the process.
Our Experienced NYC Immigration Attorneys Can Help
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, LLP 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.