Hernandez Global

The first analysis one must make the moment there is an Immigration Detention and such immigration Court has Jurisdiction is whether the person is eligible for Bond. Usually, family members are desperate and confused. Often the actual client has never been in detention before and it impacts family dynamics as well as their professional life. Our office can manage the Court, family, and communication with the client.

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One of the most common defenses in immigration court for those eligible is the Cancelation of Removal. Generally, to be eligible for Cancelation of Removal a person must have at least 10 years of continuous presence in the U.S., U.S Citizen/Legal Permanent Resident Dependents, and Good Moral Character. The issue often lays in establishing the hardship required to satisfy the standard.

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Our office also represents “Legal Permanent Residents” (Non-Citizens) when facing immigration charges or removability. Legal Permanent Residents can be subjects of deportation proceedings as they are not yet Citizens. Although the word “Permanent” may covey a sense of enduring protection, there are circumstances where Legal Permanent Residents can lose their status and de deported. Cancelation of Removal for certain Permanent Residents is available so long as the client qualifies to claim this defense. The qualification depends on the crimes committed, the time as a Legal Permanent Resident, and the length of time without any criminal behavior.

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Obtaining Legal Permanent Residence via “Adjustment of Status” (AOS) while in Immigration Court removal proceedings is another way to prevent deportation (if the client qualifies). AOS cases in court require an analysis that looks for; matter of entry to the United States, key filing dates of certain immigration forms in the past, priority dates with the Department of State, and in some cases public charge rules.

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Asylum is one of our eras most pressing questions regarding Immigration Law in the United States. Our firm represents clients with claims of Fear to return to their home country. Changes in policy have created more questions impacting the actual process and relief in the courts.

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TN Visas for Canadians and Mexicans is a Visa that is specific to certain professionals with certain educational and experience requirements. Usually, the visas can be obtained inside and outside of the U.S.

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The H1B Process is the “Work Permit” of the Professional in the U.S. A lot of changes in the lottery and registration of the application have been in place in the last few years. Dates to consider April 1st, October 1st. There is a CAP on the number of visas allowed each year.

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Intra-company transfers are often a key player in a business project in the U.S. The L1A is a visa for Executives and Managers. The applicant must have 1 year of employment in the company outside of the U.S. as an Executive or manager, A legal nexus must exist between the company In the U.S. and the foreign company and the new position is of an Executive or Managerial nature.

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Some projects require employees that have specific knowledge about a product or a process. The L1B is a visa to bring individuals with “Specialize Knowledge” into the US. The evidence of specialized knowledge is key for the success of this visa.

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Investor visas that relate to the E2 program have to do with an investment that is at scale with your business plan. In other words, the amount of money needed to be invested is specific to the business plan need. There is no specific amount. A strong 5-year business plan with evidence of future clients such as contracts and leases for buildings is a great way to establish the veracity of the business plan.

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To qualify for a Religious Worker’s visa, you must establish that you are entering the United States to work, at least in a part-time position, as a minister or to perform a religious vocation or occupation. You must establish that you have been a member of the same religious denomination, for at least two years, as the petitioning religious organization. While in the United States the religious worker is only authorized to work for the religious organization that filed the petition.

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A U.S. Citizen (USC) or a Legal Permanent Resident (LPR) can file family petitions for certain family members. The approval of these applications depends on the status of the Petitioner and the family status of the beneficiary. The government agencies that usually have a role on these petitions are USCIS and the Department of State regarding priority dates. Family petitions are usually the first step into a Family immigration process.

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After a petitioner files for a Family petition some beneficiaries get their immigration benefit very quickly, others wait for a long time. In some cases, the wait is so long that petitioners die and the beneficiaries are left with questions about whether or not their benefit still exists. There are different answers for different cases in terms of the immigration status of the petitioner and the beneficiary, what country the beneficiary is when the petitioner dies, and the type of familial relationship between both Beneficiary and Petitioner.

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Usually, the last step in many immigration processes is the Consular Process. This process is an interview at a Consulate (Outside of the U.S.) where the Department of State. Our team can coordinate with the National Visa Center (NVC) and prepare all documents, forms, and requirements to set all appointments needed.

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Adjustment of Status (AOS) is a Process that is linked to a U.S. Citizen or Legal Permanent Resident (LPR) Petitioner. The acquirement of Immigration Status via AOS is done within the US where usually an in-person interview is required. This process at first glance may look simple however there are few variables that need to be analyzed to be eligible for this benefit. The key variables to consider eligibility under this status are Manner of entry into the U.S., the immigration status of the petitioner, immigration Status of the beneficiary, history of entries to the U.S.

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In some Adjustment of Status Cases, the Legal Permanent Residence (LPR) may be issued for two years. Having a tow year LPR status usually, happens when the LPR status is awarded based on marriage under two years long. To extend or continue to the LPR status, the beneficiary is expected to submit a petition to “Remove the Conditions” of the two-year LPR. Sometimes in this process, the beneficiary is no longer with the Petitioner and is still required to submit the removal of conditions. Separations, divorce, or death are issues that create a lot of questions during this process.

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Victims of a crime may be eligible to apply for a U visa. To be eligible to apply for a U visa a person would need to show evidence that he/she is a victim of a crime (not all crimes qualify), that there is a Police Report, and that the Police Department has signed a Certification for the Victim (Supplement B). Immediate family members can benefit as dependents of the Principal under the U visa. Parents can be the beneficiaries of Children who are victims of a crime. Even if the case is several years old, the victim is still eligible to file for a U visa if he/she fulfills all other requirements.

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Domestic Violence Victims can apply for status under VAWA. This Act of Congress does not only benefit Women but also Men. The aggressor, in this case, needs to be a U.S./LPR spouse, Child, or Parent. No Police report is necessary but USCIS does require as much evidence as possible of the abuse suffered. In cases pertaining to spouses, even if a divorce has already occurred, a beneficiary may be able to still file a VAWA claim.

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