Alonso & de Leef, PLLC For Your Immigration Needs
Immigration law is a specialized field of law that is becoming increasingly complex and difficult to navigate. The laws and policies are constantly evolving making the services of a skilled immigration attorney not a luxury but a necessity. Without the guidance of an experienced immigration attorney your case may experience undue delays, extended detention times of yourself or your loved ones, and denial of immigration resulting in harsh penalties.
Although no attorney can guarantee a positive result as often immigration benefits are discretionary based, at Alonso & de Leef, PLLC we strive to be diligent and upfront in the representation of each client. Our firm handles all immigration-based benefits including, but not limited to removal proceedings, and affirmative cases such as family and employment-based petitions.
Our attorneys are knowledgeable in the immigration field and have successfully represented clients before the United States Citizenship and Immigration Service (“USCIS”) in affirmative relief applications, as well as before immigration court in removal defense matters.
The following is a non-exhaustive list of services offered by our firm
There are differences between petitioning for someone outside of the United States and for someone inside the United States. A petition for someone outside the United States is called Consular Processing and a petition for someone inside the United States is called Adjustment of Status. Individuals who are already in the United States but are ineligible for adjustment of status may return to their home country and complete the visa processing. In these cases, once the initial I-130 petition is approved by USCIS within the US it is transferred to the National Visa Center (“NVC”). The petition will remain with NVC until an immigrant visa becomes available. Once the NVC notifies the beneficiary of the visa that a visa is available, they must pay the visa fee bills, and submit their documents for processing. The beneficiary will then go to an interview at the consular office outside of the United States. If found admissible, the beneficiary will be admitted to the United States as an LPR.
To see which process you are eligible for, and each of their requirements contact our office to schedule a free consultation.
Adjustment of Status
Becoming a Lawful Permanent Resident (“LPR”) is the first step towards becoming a United States Citizen. There are several ways an immigrant can become an LPR or a “green card” holder. The benefits of adjusting your status to an LPR are that you are allowed to reside and work permanently in the United States, and depending on how you obtained your LPR status, you can become a United States citizen in a short 3- or 5-year period. LPRs can travel freely outside and inside the United States, but there are some limitations to traveling abroad. LPRs do not enjoy the same privileges as United States Citizens, for example, LPRs cannot vote, and are at risk of losing their LPR status under certain circumstances. We can help you determine whether you are eligible to become an LPR, travel abroad and also guide you if you ever become at risk of losing your status and your right to remain and work in the United States.
Adjustment of Status can be achieved through the following ways:
A qualifying family member can sponsor you to become an LPR. To do so, your family member would first file a Form I-130 to establish the family relationship between you and your relative, for example, a spouse, parent, sibling, or child or stepchild. The petitioning family member would have to prove that they have enough income or assets to support you when you come to the United States, pursuant to the new public charge rules.
Immediate relatives of United States citizens are given a greater preference in obtaining LPR status. Family-preference categories include unmarried sons or daughters over the age of 21, married children of any age, and brothers and sisters of United States Citizens. An immediate relative is either your spouse, parent or unmarried child under the age of 21. United States citizens can petition adult married children. This is different from LPRs who can only petition adult children if they are unmarried.
The five employment-based categories are
The Cuban Adjustment Act (“CAA”) was enacted in 1966 to provide a route to LPR status for Cuban nationals and their spouses and children through adjustment of status. To qualify for adjustment of status under the CAA the principal applicant must be a native or citizen of Cuba who was inspected, admitted, or paroled into the United States and has been present in the United States for at least a year and a day. The applicant must be otherwise admissible to the United States for LPR status. As of November 17, 2017, USCIS requires that to prove Cuban nationality or citizenship, the applicant must submit a consular certificate documenting the Cuban birth that must have been formally registered in Cuba with the Cuban Ministry of Justice.
Also, in 2017, the United States government ended the Wet-Foot/Dry-Foot policy. This change means that Cubans are now required to be admitted or paroled into the United States. No longer are Cubans allowed to enter the United States without inspection, admission, or parole, and still benefit from the CAA. To reap the benefits of the CAA all Cubans must enter the United States with a visa or must be paroled at a port of entry.
Our office is experienced in the CAA and its guidelines. We can assist you in determining whether you can adjust your status under the CAA.
Representation in Removal Proceedings
Cancellation of Removal
If you are an LPR or are undocumented in the United States and are in removal proceedings, you may be eligible for Cancellation of Removal. Cancellation of Removal enables an otherwise removable person, to become an LPR before an immigration judge. To be eligible for Cancellation of Removal, individuals must meet certain requirements. However, even after meeting all the requirements the decision to grant Cancellation of Removal is left wholly to the discretion of an immigration judge. Because a positive outcome is so dependent on the immigration judge’s opinion of the case, it is of utmost importance that you are represented by a competent, passionate immigration attorney. Alonso and de Leef, PLLC is extremely well-versed in Cancellation of Removal and will fight for your case.
The eligibility requirements for cancellation of removal vary for LPR individuals and undocumented individuals.
Eligibility for LPRs:
Eligibility for undocumented individuals:
Asylum and Withholding of Removal
Asylum and withholding of removal are available to people who have either been persecuted in their home countries or have a reasonable belief that they will be persecuted if returned to their home country. At Alonso & de Leef, PLLC, our attorneys fight a hard fight for our clients. We have used our knowledge and experience to succeed in hundreds of asylum cases.
Typically, in order to be granted Asylum, you must file within one year of entering into the United States. Withholding of Removal does not have the same requirement, but it does differ from asylum in that Withholding of Removal recipients do not have the possibility to adjust their status to that of an LPR. Both are available to individuals who have suffered persecution based on race, gender, religion, nationality, political opinion, or membership in a particular social group.
Our attorneys can help you demonstrate the validity of your fears relating to any of the asylum categories, and we can do so ferociously. We represent clients in affirmative asylum, before USCIS, and defensive asylum, before the immigration courts. Contact Alonso & de Leef, PLLC, to determine your eligibility and to get a specialized analysis of your case.
Naturalization is the process to become a U.S. citizen if you were born outside of the United
States. If you meet certain requirements, you may become a U.S. citizen either at birth or after
To apply for naturalization to become a U.S. citizen, you must: