Accused immigrants choose to leave the country voluntarily.
Blog Alami Law
Inmigration Law Overviews
Our law office stays up to date with immigration laws constantly changing of our country. Most people will never be able to keep up with all of these changing laws, rules, and guidelines—and how frequently they change.
Our belief is that no one is illegal
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Procedures of
deportation and removal
Immigrants face removal from the United States if they are charged with a crime or if they are caught living or working in the United States unlawfully. Retaining an experienced and knowledgeable attorney is essential if you wish to remain in the United States. At the Law Office of Amira Al-Alami, we provide high-quality representation for immigrants seeking to avoid deportation or removal proceedings, as well as the potential separation from their families. We also provide advice and guidance on obtaining visas so individuals can remain in the United States legally.
Removal hearings
Formally known as deportation proceedings in immigration courts, removal proceedings determine whether a migrant must be removed from the United States. During this process, an immigration judge must decide whether a foreign national is subject to removal or is eligible for relief under special circumstances, which include:
Some individuals may be eligible for cancellation of removal if they meet certain requirements, including a specific number of years of residence in the United States, good moral character, and demonstrating that the removal of the foreign national would result in exceptional hardship to qualifying relatives.
Some immigrants are in the United States to escape political, religious, or cultural persecution and may be in danger if they return to their country of origin.
We can help you legally change your status to that of a permanent resident, which may stop deportation proceedings. An experienced immigration attorney can be extremely helpful when it comes to avoiding removal proceedings. Because we focus exclusively on immigration services, our Los Angeles–based practice is a strong choice for legal representation. We can represent you at deportation hearings and handle all removal proceedings for foreign nationals and their families. Contact us to discuss your situation with attorney Amira Al-Alami. Your first consultation is free.
Lawful permanent residence
Adjustment of status
Adjustment of status within the United States is available to immediate relatives—such as spouses or parents—of U.S. citizens, provided the foreign national entered the country with a visa, even if the individual’s authorized period of stay has expired. It is also available to foreign applicants who have obtained a labor certification indicating that there are no qualified or available U.S. workers capable of performing the services offered by the applicant, as long as the foreign national is in authorized status. Additionally, foreign nationals with extraordinary abilities in the sciences or the arts may apply for adjustment of status if they are in lawful status and can demonstrate sustained national or international acclaim requiring extraordinary ability.
Consular Processing Permanent Residency
To qualify for permanent residence, an applicant must possess or be one of the following persons:
A spouse or minor child of a U.S. citizen
An adult parent, child, or sibling of an adult U.S. citizen.
A spouse or minor child of a lawful permanent resident
An employee of a U.S. employer who has received approval from the Department of Labor to hire.
A person of extraordinary or exceptional ability.
A refugee or asylee fleeing persecution.
An approved application through the visa lottery.
Typically, a personal interview for permanent residence is required before a U.S. consular officer, who will review eligibility and confirm that the applicant is not inadmissible due to a serious criminal offense, a prior order of deportation, public health grounds, or suspected terrorism.
Temporary Entries - Non-Immigrant Visas
Temporary admissions are generally designated with letters and numbers such as:
B-2 (tourists)
E-1 and E-2 (Treaty Traders and Treaty Investors)
F-1 (students)
H-1B (temporary professionals)
J-1 (cultural exchange visitors)
K-1 (fiancés of U.S. citizens)
L-1 (intra-company transferees), etc.
These nonimmigrants must convince a consular officer that they intend to enter the U.S. for a limited period of time and for a specific purpose. All nonimmigrant applicants—except temporary workers (H-1), intracompany transferees (L-1), and (V) family members—must demonstrate that they do not intend to live in the U.S. permanently. Personal interviews are generally required.
Visa Waivers
Foreign nationals arriving as visitors from 27 countries, such as Australia, France, Germany, Italy, Japan, New Zealand, and Switzerland, are not required to obtain a visa from a U.S. consulate abroad. These participants are permitted to enter for up to three months; extensions or changes of status are not allowed unless the foreign national marries a U.S. citizen.
Categories for Adjustment of Status / Consular Processing for Lawful Permanent Residence
Employment-based petitions
EB-1 Multinational Executives / Researchers and Individuals with Extraordinary Abilities.
EB-2 Professionals with Advanced Degrees.
EB-3 Skilled Workers, Professionals with Bachelor’s Degrees, and ‘Other Workers’. Category A – Nurses and Physical Therapists.
EB-4 Religious Workers.
EB-5 Investment
PERM Labor Certification
petitions
family-based
Spouses / children /
and parents of USA
Citizens
This visa category allows immediate relatives of United States citizens to immigrate without waiting for a quota or preference line. Marriage alone to a U.S. citizen or lawful permanent resident does not automatically create resident status in the United States. The U.S. relative must file a petition on behalf of the foreign relative, and the foreign relative must undergo a U.S. government interview for admission to the United States as an immigrant.
System of
preferences
However, family relationships more distant than a spouse or parent of a United States citizen require an individual to apply for a visa through a series of preference categories, which may or may not be current at the time the individual’s petition is approved. A United States citizen must be at least 21 years old in order to immigrate a relative.
There are FOUR basic family preference categories
Adult sons and daughters of US citizens
Spouses and adult sons and daughters of lawful permanent residents or green card holders
Married children of United States citizens
Brothers and sisters of United States citizens
A US Citizen
You can file the petition on behalf of your:
Spouse or child under 21 years of age
An unmarried adult son over 21 years of age
Married child of any age
Brother or sister if the U.S. citizen is at least 21 years old
A parent if the U.S. citizen is at least 21 years old
Under INA 201(b), the spouse, parent, or child (under 21 years old) of a U.S. citizen is considered an immediate relative and, as such, is not subject to a preference quota. Additionally, under the new and stringent adjustment laws, a U.S. citizen may petition for their immediate relative even if the relative has lost their status. The immediate relative must have entered the United States legally.
A lawful permanent resident may file a petition on behalf of their:
Husband or wife and/or
Single son
The United States Department of State regularly publishes an online bulletin showing the status of the various visa categories in relation to preferences for countries that have not exceeded their limits, as well as a breakdown for those countries that have exceeded them. There are different waiting periods in these categories, depending on the backlog of previous applications worldwide and by country in the case of certain high-demand countries. These waiting times are unpredictable and can change from month to month, as the waiting line depends on the number of people with earlier priority dates in their approved applications who actually complete the process when the visa becomes available.
The Violence Against Women Act (VAWA)
Unfortunately, some U.S. citizens and lawful permanent residents misuse control of this process to abuse family members or threaten to report them to USCIS. As a result, most abused immigrants are afraid to report the abuse to the police or other authorities.
Under the Violence Against Women Act (VAWA), passed by Congress in 1994, spouses and children of U.S. citizens or lawful permanent residents (LPRs) can self-petition for lawful permanent residence. VAWA immigration provisions allow certain abused immigrants to seek immigration relief without the assistance or knowledge of the abuser in order to obtain lawful permanent residency.
Naturalization is the process by which a permanent resident acquires U.S. citizenship.
The general requirements are:
Five years of continuous residence (three years if married to a U.S. citizen), of which at least half of the time must be spent physically in the United States.
90 days of residence in a specific USCIS district prior to filing.
Ability to read, write, and speak English.
Knowledge and understanding of U.S. history and government.
Good moral character
Support for the principles of the U.S. Constitution
Continuous residence, physical presence, and good moral character are the most common requirements that applicants fail to meet.
Our belief is that no one is illegal
An experienced immigration attorney with a proven track record can assist you with family and business immigration challenges.