Key Takeaways: Virginia Immigration Law
- Immigration law is predominantly federal, governed by the Immigration and Nationality Act (INA), but state-specific considerations in Virginia are crucial.
- Navigating agencies like USCIS, ICE, CBP, and the Executive Office for Immigration Review (EOIR) requires deep legal understanding.
- “The SRIS Virginia Immigration Case Readiness Checklist” offers a practical, step-by-step guide for organizing your immigration journey.
- Proactive legal counsel is paramount to avoid common pitfalls that can jeopardize visas, green cards, or citizenship applications.
- Law Offices Of SRIS, P.C. provides authoritative and seasoned legal support across all facets of immigration law in Virginia.
Virginia Immigration Lawyer: Seasoned Legal Guidance
For individuals and families seeking to establish roots, work, or find refuge in the Commonwealth, the journey through the United States immigration system can be daunting. While immigration law is primarily federal, the complexities of navigating this intricate legal landscape, coupled with specific Virginia contexts, demand the counsel of a seasoned Virginia immigration lawyer. At Law Offices Of SRIS, P.C., we bring decades of hands-on experience to guide our clients through every nuance of immigration law, ensuring their rights are protected and their pathways to a brighter future are cleared.
Introduction to Immigration Law in Virginia
Immigration law in Virginia, while largely governed by federal statutes, necessitates an understanding of how these national laws intersect with state-specific considerations. It encompasses the regulations and procedures related to the entry, residency, and citizenship of foreign nationals within the U.S. and particularly in Virginia. From obtaining various types of visas—whether for family reunification, employment, or investment—to securing permanent residency (a green card) or eventually naturalization, each path is fraught with intricate rules and stringent requirements. Our role as dedicated immigration attorneys in Virginia is to demystify these processes, provide clear guidance, and advocate tirelessly for our clients.
The United States immigration system is codified primarily in the Immigration and Nationality Act (INA), found at 8 U.S.C. § 1101 et seq. This comprehensive federal statute lays the groundwork for virtually all aspects of immigration, from defining who is admissible to the U.S. to outlining grounds for removal (deportation) and pathways to citizenship. While the INA is federal, its application often has direct and significant impacts at the state level. For instance, a criminal conviction under Virginia state law can render a non-citizen deportable under federal immigration law, highlighting the critical nexus between state and federal jurisdictions. A seasoned immigration lawyer in Virginia understands these intersections and can provide the nuanced advice necessary to navigate both. Law Offices Of SRIS, P.C. brings this comprehensive perspective to every case.
The Commonwealth of Virginia, with its diverse population and strategic proximity to Washington D.C., sees a substantial number of immigration cases. Our firm regularly assists individuals with a broad spectrum of immigration matters, including but not limited to, family-sponsored visas, employment-based green cards, investment visas, asylum claims, deportation defense, and naturalization applications. Each of these areas requires meticulous preparation, strict adherence to deadlines, and a profound understanding of evolving immigration policies and judicial precedents. Our authoritative approach ensures that every detail is scrutinized, and every strategy is robustly formulated.
Consequences & Stakes in Immigration Matters
The stakes in immigration law are profoundly personal and often life-altering, encompassing potential family separation, loss of livelihoods, and even removal from the United States. Without adequate legal representation, individuals face the daunting prospect of deportation, which can have permanent consequences for future entry or status. Understanding these potential outcomes and preparing for them is a critical first step in any immigration proceeding.
The consequences of mishandling an immigration case can be severe and far-reaching. The most significant risk is deportation, or removal, from the United States. Grounds for removal are extensive and detailed in the INA, particularly INA § 237 (deportable aliens) and INA § 212 (inadmissible aliens). These can range from overstaying a visa to committing certain criminal offenses, even those considered minor under Virginia state law. A conviction for a “crime involving moral turpitude” (CIMT) or an “aggravated felony,” as defined by federal immigration law, can lead to mandatory detention and removal, regardless of how long an individual has resided in the U.S. or their family ties.
Beyond deportation, individuals may face:
- Loss of immigration status: This can lead to the inability to work legally, loss of driving privileges (which can vary by Virginia law for non-citizens), and ineligibility for public benefits.
- Family separation: Deportation of a parent, spouse, or child can devastate families, particularly if some family members are U.S. citizens or lawful permanent residents.
- Bars to re-entry: Individuals deported from the U.S. may face significant bars from re-entering, ranging from 5, 10, or 20 years to permanent bars, depending on the reason for removal.
- Detention: Many non-citizens facing removal proceedings are subject to mandatory or discretionary detention by U.S. Immigration and Customs Enforcement (ICE) while their cases are pending.
An experienced immigration attorney in Virginia from Law Offices Of SRIS, P.C. can assess your situation, identify potential risks, and develop a proactive strategy to mitigate adverse outcomes. We understand that each case represents a client’s future and livelihood, and we approach every challenge with the gravity and dedication it demands.
The Immigration Legal Process in Virginia
The immigration legal process involves a series of complex interactions with various federal agencies and courts, requiring precise documentation, timely submissions, and often, compelling testimony. From the initial petition to potential appeals, each stage demands meticulous attention to detail. Understanding the roles of key entities such as USCIS, ICE, and the Immigration Courts is fundamental to navigating this journey successfully.
The legal process for immigration matters is rarely linear and depends heavily on the specific type of case. However, several federal agencies and courts play critical roles. These include:
- U.S. Citizenship and Immigration Services (USCIS): This agency is typically the first point of contact for many immigration benefits. USCIS processes applications for visas, green cards, naturalization, asylum, and various other petitions. The process usually begins with filing a specific form (e.g., Form I-130 for family petitions, Form I-485 for adjustment of status), followed by biometric appointments, and often, an interview at a local USCIS field office, such as those serving Virginia residents.
- U.S. Immigration and Customs Enforcement (ICE): ICE is responsible for enforcing immigration laws, including investigations, detentions, and removals. Interactions with ICE can range from airport inspections by U.S. Customs and Border Protection (CBP), a component of ICE, to interior enforcement actions. If an individual is detained, securing release through a bond hearing becomes an immediate priority.
- Executive Office for Immigration Review (EOIR): This branch of the Department of Justice oversees the Immigration Courts and the Board of Immigration Appeals (BIA).
- Immigration Courts: If USCIS denies a benefit or ICE initiates removal proceedings, the case may proceed to an Immigration Court. In Virginia, immigration courts are located in cities like Arlington and Richmond. Here, an Immigration Judge presides over hearings, where non-citizens can present defenses against removal or seek forms of relief.
- Board of Immigration Appeals (BIA): The BIA is the highest administrative body for interpreting and applying immigration laws. It reviews decisions made by Immigration Judges. An unfavorable decision from an Immigration Judge can often be appealed to the BIA.
- Federal Courts: Beyond the BIA, appeals can be taken to federal courts. This typically begins in the U.S. District Court (e.g., U.S. District Court for the Eastern District of Virginia or Western District of Virginia) and can proceed to the U.S. Court of Appeals for the Fourth Circuit, which covers Virginia. These courts review whether the administrative agencies applied the law correctly and followed due process.
Each interaction with these entities carries its own set of rules, procedures, and potential pitfalls. Law Offices Of SRIS, P.C. provides comprehensive support at every stage, from preparing meticulously accurate applications for USCIS to representing clients vigorously in Immigration Court, before the BIA, and in federal courts. Our extensive experience allows us to anticipate challenges and strategically navigate the procedural intricacies.
The SRIS Virginia Immigration Case Readiness Checklist Tool
Preparing for an immigration application or court proceeding can feel overwhelming, given the sheer volume of documents and information required. “The SRIS Virginia Immigration Case Readiness Checklist” is a practical, step-by-step tool designed to help you organize your materials, understand key requirements, and approach your case with confidence. This checklist is a testament to our commitment to empowering our clients.
Success in immigration matters often hinges on thorough preparation. Our seasoned attorneys have distilled decades of experience into this essential resource. By systematically addressing each item, you can significantly streamline your process and enhance the strength of your case.
SRIS Virginia Immigration Case Readiness Checklist:
- Identify Your Immigration Goal:
- Are you applying for a family visa (e.g., spouse, parent, child)?
- Seeking an employment-based green card or work visa (e.g., H-1B, L-1, EB-1, EB-2)?
- Applying for asylum or refugee status?
- Pursuing naturalization/citizenship?
- Defending against deportation/removal?
- Confirm the specific visa category or relief sought.
- Gather Personal Identification Documents:
- Passport (current and expired).
- Birth Certificate (original and certified translation if applicable).
- Marriage Certificate (if applicable, original and certified translation).
- Divorce Decrees (if applicable, original and certified translation).
- Any prior U.S. visas or immigration documents (I-94, EAD cards, previous I-797 Notices).
- Collect Financial and Employment Documents (as applicable):
- Tax Returns (U.S. and foreign, typically for the last 3 years).
- Employment verification letters.
- Pay stubs.
- Bank statements.
- Affidavits of Support (Form I-864) for family-based cases, including sponsor’s tax returns and financial documents.
- Obtain Proof of Relationship (for family-based cases):
- Marriage photos, shared bills, joint bank accounts, lease agreements.
- Birth certificates for children.
- Affidavits from friends/family attesting to the relationship.
- Compile Educational and Professional Credentials (for employment/academic visas):
- Diplomas, transcripts, professional licenses.
- Resumes/CVs.
- Letters of recommendation.
- Secure Medical Examination Records:
- Complete Form I-693 (Report of Medical Examination and Vaccination Record) with a USCIS-approved civil surgeon.
- Address Any Criminal or Prior Immigration Issues:
- Obtain certified court dispositions for any arrests or convictions (even minor ones).
- Provide details on any prior immigration violations or denials.
- Prepare to discuss these openly with your attorney.
- Understand Deadlines and Filing Fees:
- Be aware of all deadlines for submitting forms and supporting documents.
- Confirm correct filing fees for each application (USCIS fees are subject to change).
- Prepare for Interviews:
- Review all submitted documents thoroughly with your attorney.
- Practice answering potential questions related to your application.
- Dress professionally and arrive on time.
- Maintain Communication with Your Attorney:
- Respond promptly to requests for information or documents.
- Inform your attorney of any changes to your address, contact information, or immigration status.
This checklist is a general guide. Your specific case may require additional documents or considerations. Law Offices Of SRIS, P.C. will provide a tailored list of requirements after a confidential case review.
Legal Strategies & Defenses for Immigrants
Developing a robust legal strategy is foundational to navigating complex immigration issues, whether seeking a visa, adjusting status, or defending against removal. An effective approach involves meticulously analyzing eligibility for various forms of relief, understanding the nuances of the Immigration and Nationality Act, and skillfully presenting a compelling case. The choice of strategy is always tailored to the unique circumstances of each individual.
With 20 years of hands-on experience, Law Offices Of SRIS, P.C. employs sophisticated strategies designed to achieve the best possible outcomes for our clients. These strategies are not one-size-fits-all; they are custom-tailored to the specific facts, goals, and challenges of each case.
Common Legal Strategies and Defenses include:
- Adjustment of Status vs. Consular Processing: For individuals eligible for permanent residency, we analyze whether to pursue Adjustment of Status (applying from within the U.S.) or Consular Processing (applying through a U.S. embassy or consulate abroad). Each path has distinct advantages, eligibility requirements, and risks, particularly concerning inadmissibility grounds under INA § 212.
- Waivers of Inadmissibility: Many grounds of inadmissibility (e.g., unlawful presence, certain criminal convictions, misrepresentations) can be waived under specific provisions of the INA. We regularly prepare and file waiver applications, such as Form I-601 (Application for Waiver of Grounds of Inadmissibility) and Form I-212 (Application for Permission to Reapply for Admission), demonstrating extreme hardship to qualifying relatives.
- Asylum, Withholding of Removal, and Convention Against Torture (CAT): For those fleeing persecution or torture in their home countries, we provide comprehensive representation for asylum claims (INA § 208), Withholding of Removal, and protection under the Convention Against Torture. These cases require extensive documentation and compelling testimony about past persecution or fear of future harm.
- Cancellation of Removal: This form of relief allows certain non-citizens facing deportation to apply for a green card. There are two main types:
- Non-LPR Cancellation of Removal: For non-permanent residents who have been in the U.S. for at least 10 years, demonstrated good moral character, and whose removal would cause “exceptional and extremely unusual hardship” to a qualifying U.S. citizen or LPR relative.
- LPR Cancellation of Removal: For lawful permanent residents who have resided in the U.S. for at least 7 years, have been an LPR for at least 5 years, and have not committed an “aggravated felony.”
- Bond Hearings: If a non-citizen is detained by ICE, we advocate for their release at a bond hearing before an Immigration Judge, presenting evidence that they are not a flight risk or a danger to the community.
- Motions to Reopen/Reconsider: After a final order of removal, it may be possible to file a motion to reopen the case (e.g., based on new evidence or changed country conditions) or a motion to reconsider (arguing legal error).
- Appeals: Unfavorable decisions from an Immigration Judge or the BIA can be appealed to higher administrative bodies or even to the U.S. federal courts, specifically the U.S. Court of Appeals for the Fourth Circuit, which presides over Virginia.
The choice of strategy often depends on the specific grounds of inadmissibility or deportability, the individual’s immigration history, family ties, and criminal record. Law Offices Of SRIS, P.C. possesses the deep legal insight to formulate and execute the most effective defense or pathway for your unique circumstances.
Common Mistakes to Avoid in Immigration Cases
Even minor missteps in immigration proceedings can lead to significant delays, denials, or even removal orders. Many common pitfalls stem from a lack of understanding of the strict requirements and dynamic nature of immigration law. Being aware of these errors and taking proactive steps to avoid them is paramount for a successful outcome.
Having witnessed countless immigration cases over decades, we’ve identified recurring mistakes that often complicate or jeopardize an individual’s immigration journey. Avoiding these errors is as critical as understanding the legal strategies themselves.
- Missing Deadlines: USCIS and Immigration Courts operate on strict timelines. Missing a deadline for filing a form, responding to a Request for Evidence (RFE), or appearing in court can lead to automatic denials or even orders of removal in absentia.
- Providing Incomplete or Inaccurate Information: Any discrepancy or omission in an application or during an interview, whether intentional or not, can be deemed a misrepresentation, leading to denials, bars to future immigration benefits, or even findings of fraud. This is why thorough preparation with an attorney is crucial.
- Failing to Update Address with USCIS/Immigration Court: If your address changes, you are legally required to notify USCIS (via Form AR-11) and the Immigration Court (if applicable). Failure to do so means you may miss critical notices, including interview appointments or court dates, which can result in denial or an order of removal without your knowledge.
- Not Seeking Legal Counsel Early: Many individuals attempt to navigate the complex immigration system on their own, only seeking legal help after encountering a problem. Early intervention by an experienced immigration lawyer can prevent costly mistakes and set the case on the right trajectory from the start.
- Traveling Without Proper Authorization: Leaving the U.S. without an advance parole document while an Adjustment of Status application is pending, or before resolving certain immigration issues, can trigger automatic abandonment of the application or inadmissibility upon re-entry.
- Misunderstanding the Impact of Criminal Convictions: Even minor arrests or convictions, including misdemeanors or dismissed charges in Virginia, can have severe and unforeseen immigration consequences. Many crimes that seem insignificant under state law can be grounds for deportation or inadmissibility under federal immigration law. Always disclose full criminal history to your immigration attorney.
- Ignoring Notices: Never disregard any official correspondence from USCIS, ICE, or the Immigration Court. These documents contain critical information and deadlines that demand immediate attention.
- Entering Into Fraudulent Marriages: Engaging in a marriage solely to obtain immigration benefits is a serious federal offense with severe penalties, including lengthy prison sentences, heavy fines, and permanent bars from all future immigration benefits.
Law Offices Of SRIS, P.C. guides clients to avoid these pitfalls, meticulously reviewing all documentation and preparing them for every stage of the process, reflecting our seasoned approach to legal representation.
Glossary of Key Immigration Terms
Understanding the specialized vocabulary of immigration law is essential for anyone navigating the system. Here is a brief glossary of key terms frequently encountered:
- Visa
- An endorsement placed in a passport by a U.S. consular officer, allowing the holder to apply for admission to the United States for a specific purpose (e.g., tourism, work, study).
- Green Card (Lawful Permanent Resident – LPR)
- An identification card proving that a foreign national has been granted lawful permanent residency in the U.S., allowing them to live and work permanently.
- Asylum
- Protection granted by the U.S. to foreign nationals who are in the U.S. or at a port of entry and cannot return to their home country due to a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
- Deportation / Removal
- The formal process by which the U.S. government orders a foreign national to leave the country because they have violated immigration laws.
- Naturalization
- The process by which a foreign national voluntarily becomes a U.S. citizen after fulfilling specific requirements, typically after holding a green card for a certain period.
- Adjustment of Status
- The process by which an eligible foreign national already present in the United States applies to change their immigration status to lawful permanent resident (green card holder) without having to return to their home country for a visa.
- Immigration and Nationality Act (INA)
- The primary body of law governing immigration in the United States, codified at 8 U.S.C. § 1101 et seq. It covers all aspects of immigration, from admission and exclusion to naturalization and removal.
Common Immigration Scenarios & Questions
In our decades of practice as a Virginia immigration lawyer, we’ve encountered a wide array of situations. These scenarios reflect the real-life complexities and questions that individuals and families face when navigating the U.S. immigration system, particularly those with ties to Virginia. We address them here to offer a glimpse into the comprehensive support we provide.
Scenario 1: Family Reunification in Virginia
“My spouse is a U.S. citizen living in Virginia, and I am currently living abroad. We want to apply for a spousal visa so I can join them. What is the process, and how long will it take?”
For U.S. citizens seeking to bring a foreign national spouse to the U.S., the primary path involves filing Form I-130, Petition for Alien Relative, with USCIS. Once approved, the case typically moves to consular processing at a U.S. embassy or consulate in your spouse’s home country. This involves submitting additional documentation, undergoing a medical exam, and attending an interview. The timeline can vary significantly, from 12-24 months or more, depending on USCIS processing times, the specific embassy, and whether any waivers are required. A seasoned Virginia immigration lawyer can help prepare a robust petition, navigate consular interviews, and address any potential delays or challenges efficiently.
Scenario 2: Professional Seeking Employment-Based Green Card
“I am a highly skilled engineer working in Virginia on an H-1B visa, and my company wants to sponsor me for a green card. What are the steps, and what challenges should I anticipate?”
For professionals seeking an employment-based green card (often EB-2 or EB-3 categories), the process typically involves several stages. First, your employer usually needs to obtain a labor certification from the Department of Labor (PERM process) to demonstrate that no qualified U.S. workers are available for your position. Next, your employer files Form I-140, Immigrant Petition for Alien Worker, with USCIS. Once the visa number becomes current (based on your priority date and country of origin), you can then file Form I-485, Application to Register Permanent Residence or Adjust Status, if you are in the U.S., or proceed with consular processing if abroad. Common challenges include lengthy backlogs for certain nationalities, complex PERM requirements, and ensuring your qualifications align perfectly with the job description. An experienced immigration attorney in Virginia can meticulously manage each stage, ensuring compliance and addressing any RFEs from USCIS.
Scenario 3: Asylum Seeker in Virginia
“I recently arrived in Virginia and am afraid to return to my home country due to political persecution. How can I apply for asylum, and what should I expect during the process?”
If you fear persecution in your home country based on race, religion, nationality, political opinion, or membership in a particular social group, you may be eligible for asylum. You must generally apply for asylum within one year of your last arrival in the U.S. (with limited exceptions). The process involves filing Form I-589, Application for Asylum and for Withholding of Removal, with USCIS. You will then likely undergo an asylum interview. If your case is not granted by USCIS, it may be referred to an Immigration Court for removal proceedings, where you can renew your asylum application before an Immigration Judge. The process is highly complex, requiring a compelling narrative and supporting evidence. A Virginia immigration lawyer with a deep understanding of asylum law is crucial to effectively present your case and navigate the intricate legal and factual challenges.
Scenario 4: Deportation Defense for a Virginia Resident
“I’m a lawful permanent resident in Virginia, but I was recently arrested for a minor offense. Now I’ve received a Notice to Appear (NTA) in Immigration Court. Can I be deported, and what are my options?”
Even a “minor” criminal offense can have severe immigration consequences for lawful permanent residents. Certain crimes, even misdemeanors under state law, can be classified as “crimes involving moral turpitude” (CIMT) or “aggravated felonies” under federal immigration law, making a green card holder deportable. Upon receiving an NTA, it is imperative to immediately seek legal counsel. Your options may include challenging the charges, seeking a waiver of inadmissibility or deportability, or applying for cancellation of removal. The outcome depends heavily on the specific offense, your immigration history, and the strength of your ties to the U.S. A seasoned immigration attorney in Virginia from Law Offices Of SRIS, P.C. can mount a strategic defense, potentially saving your permanent residency.
Frequently Asked Questions (FAQ) About Virginia Immigration Law
As a leading Virginia immigration lawyer firm, Law Offices Of SRIS, P.C. regularly receives inquiries about various aspects of immigration law. Below are answers to some of the most common questions we encounter, drawing upon our extensive experience.
Q1: Do I really need an immigration lawyer in Virginia? Can’t I just file forms myself?
A1: While you can technically file many immigration forms yourself, the U.S. immigration system is exceptionally complex and constantly evolving. Even minor errors or omissions can lead to significant delays, denials, or even trigger removal proceedings. A seasoned Virginia immigration lawyer ensures all documentation is accurate, deadlines are met, and your case is presented in the most favorable light. They can anticipate challenges, develop strategic responses, and represent you effectively before USCIS or in Immigration Court, significantly increasing your chances of success.
Q2: What is the primary difference between a visa and a green card?
A2: A visa typically grants temporary permission to enter the U.S. for a specific purpose and duration (e.g., tourist, student, work visa). It does not guarantee admission and expires. A green card, on the other hand, grants lawful permanent residency, allowing you to live and work permanently anywhere in the U.S. and travel freely, with certain restrictions. It is a pathway to potential U.S. citizenship.
Q3: How long does it generally take to get a green card in Virginia?
A3: The processing time for a green card varies significantly based on the category (e.g., family-based, employment-based), the applicant’s country of origin, and current USCIS backlogs. Family-based petitions can take anywhere from 1 to 5 years or more, especially for certain preference categories. Employment-based petitions also vary widely. Our firm can provide more accurate current estimates during a confidential case review.
Q4: Can I apply for U.S. citizenship if I have a criminal record in Virginia?
A4: A criminal record, even a minor one, can impact your eligibility for U.S. citizenship (naturalization). Certain crimes, particularly “aggravated felonies” or crimes involving moral turpitude, can disqualify you or require a longer period of good moral character. The type of offense, date of conviction, and sentence are all critical factors. It is imperative to consult a knowledgeable Virginia immigration lawyer to assess your specific situation and determine your eligibility or potential waivers.
Q5: What is the process for seeking asylum in Virginia?
A5: To seek asylum in Virginia, you must file Form I-589 with USCIS, generally within one year of your last arrival in the U.S. You will then typically have an interview with an Asylum Officer. If your case is not granted, it may be referred to an Immigration Court for removal proceedings, where you can renew your asylum application before an Immigration Judge. The process is complex and requires detailed evidence of persecution or a well-founded fear of persecution. Legal representation is strongly recommended.
Q6: What should I do if U.S. Immigration and Customs Enforcement (ICE) contacts me?
A6: If ICE contacts you, it is crucial to remain calm and understand your rights. You have the right to remain silent and the right to speak with an attorney. Do not sign any documents without consulting legal counsel. If ICE agents come to your home, they generally need a warrant signed by a judge to enter. Do not open the door unless they present such a warrant. Immediately contact Law Offices Of SRIS, P.C. for urgent assistance.
Q7: Can my family members (spouse, children) apply for green cards if I am a U.S. citizen?
A7: Yes, U.S. citizens can petition for certain family members to obtain green cards. Immediate relatives (spouses, unmarried children under 21, and parents) have visas immediately available. Other family members (e.g., married children, siblings) fall into preference categories with numerical limits, which often means longer waiting times based on visa bulletin availability. A Virginia immigration lawyer can guide you through the family-sponsored immigration process.
Q8: What are the typical fees involved in immigration applications?
A8: Immigration application fees vary widely by form and service. USCIS charges filing fees for petitions, applications, and biometric services. Attorney fees are separate and depend on the complexity of your case and the services required. Our firm provides a clear fee structure during your confidential case review. Be cautious of services that seem unusually inexpensive, as they may lack the necessary depth of experience.
Q9: How can I check the status of my immigration case?
A9: You can check the status of your USCIS case online using your receipt number on the USCIS Case Status Online tool. For cases in Immigration Court, you can use the EOIR Automated Case Information System or contact your attorney. It is important to keep your address updated with both USCIS and the Immigration Court so you receive all official correspondence.
Q10: What is DACA, and am I eligible?
A10: DACA stands for Deferred Action for Childhood Arrivals. It provides temporary protection from deportation and work authorization to eligible undocumented immigrants who came to the U.S. as children. Eligibility criteria are strict and have been subject to ongoing legal challenges. If you believe you may qualify, or if you are a current DACA recipient needing renewal assistance, a Virginia immigration lawyer can assess your eligibility and guide you through the application process.
Q11: What happens if my visa expires while I’m in the U.S.?
A11: Overstaying your visa can lead to severe consequences, including accruing “unlawful presence,” which can trigger re-entry bars (3-year, 10-year, or permanent) and make you deportable. It is critical to either depart the U.S. before your authorized stay expires or have a new application (like an adjustment of status) properly filed before that date. Immediate legal consultation is advised if your visa has expired or is about to expire.
Q12: Can I work in the U.S. while my immigration application is pending?
A12: It depends on the type of application and your current immigration status. Some applications, like an Adjustment of Status, allow you to apply for an Employment Authorization Document (EAD). Other statuses or applications do not confer work authorization. Working without authorization can lead to severe penalties, including inadmissibility or deportation. Always consult with your Virginia immigration attorney before beginning any employment.
Q13: What is a Notice to Appear (NTA)?
A13: A Notice to Appear (Form I-862) is a document issued by the Department of Homeland Security (DHS) that initiates removal (deportation) proceedings against a non-citizen in Immigration Court. It specifies the alleged violations of immigration law and the charges of deportability or inadmissibility. Receiving an NTA means your case has entered the judicial phase, and legal representation is essential.
Q14: How does marriage to a U.S. citizen impact immigration?
A14: Marriage to a U.S. citizen is one of the most common pathways to a green card. If the foreign national spouse is in the U.S., they may be eligible for Adjustment of Status. If abroad, they would pursue consular processing. However, the marriage must be bona fide (entered into in good faith, not solely for immigration purposes). If the marriage is less than two years old when the green card is granted, it will be a conditional green card, requiring a separate petition (Form I-751) to remove conditions after two years. Law Offices Of SRIS, P.C. can assist with all stages of marriage-based immigration.
Q15: What are the benefits of U.S. naturalization?
A15: Becoming a naturalized U.S. citizen offers numerous benefits, including the right to vote, hold public office, obtain a U.S. passport, sponsor more categories of relatives for immigration, and the inability to be deported (with very limited exceptions). It provides the highest level of security and belonging in the U.S.
Contact Law Offices Of SRIS, P.C. Today
In the complex and often emotionally charged world of immigration law, having a reliable and deeply knowledgeable attorney by your side is not just an advantage—it is a necessity. Law Offices Of SRIS, P.C. stands as a beacon of authoritative legal guidance for individuals and families throughout Virginia. Our decades of hands-on experience mean we approach every case with a profound understanding of the law and a commitment to achieving the best possible outcome for our clients. We understand the personal stakes involved and provide a confident, strategic approach to every challenge.
Whether you are seeking to unite your family, pursue professional opportunities, find safety from persecution, or defend against removal, our firm is equipped to provide the comprehensive legal support you need. We navigate the intricacies of USCIS, ICE, and the Immigration Courts with a steadfast resolve, ensuring your rights are protected at every turn.
If you or a loved one needs authoritative legal guidance on an immigration matter in Virginia, contact Law Offices Of SRIS, P.C. today at 888-437-7747 for a confidential case review. Let our seasoned experience be your advantage in securing your future.
Disclaimer: This article is intended for informational purposes only and does not constitute legal advice. Immigration law is complex and constantly changing. The information provided herein may not be applicable to your specific situation. You should consult with a qualified attorney for advice regarding your individual circumstances. Law Offices Of SRIS, P.C. does not guarantee outcomes. Results depend on the unique facts of each case.
