In this current political climate, many immigrants are uncertain about their ability to move to or remain in the United States legally. Throughout its history, America has offered a safe haven for many individuals who wish to join family members, escape an oppressive governmental regime, or simply better their life in some way. In many instances, a knowledgeable immigration lawyer can provide these individuals an opportunity to remain in – or enter – the United States legally.
The experienced and compassionate Elgin immigration attorneys at J. Sparks Law, PLLC, offer numerous immigration services to clients throughout the region. First, if the government has threatened you with deportation from the United States, we can help you assert a proper legal defense. We also assist clients with handling green cards and asylum.
Moreover, if the government issues an adverse decision in your case, we could help you appeal that decision in a timely manner. Our skilled legal team has the knowledge, compassion, and experience to help you achieve your desired result and pursue the American dream.
For a free case evaluation and legal consultation with an experienced Elgin immigration attorney, please call us today at 512-877-7482 or contact us online for more information.
The Department of Homeland Security is responsible for determining if you should be deported from the United States. If they determine that you are subject to deportation, they must first issue you a Notice to Appear (NTA). This notice will detail the immigration law(s) which you allegedly violated.
At your immigration hearing, a judge will ask you to admit or deny these allegations. You will also need to present testimony and evidence at your hearing that will help you avoid deportation. Your attorney can present documents on your behalf in court and call witnesses to testify in support of your position.
The immigration judge handling the proceedings will then decide if you must be deported – or if you are eligible to remain in the country legally, given your circumstances.
If the hearing judge determines that you are subject to deportation, you could apply for various types of relief. Some of the most common types include:
The experienced Elgin attorneys at Sparks Law, PLLC, can answer all of your legal questions and determine if you are eligible to raise one or more of these deportation defenses at your hearing. We can then represent you at all of your legal proceedings and help you achieve the best possible result in your case.
Moreover, if you receive a denial from the immigration court, you may be eligible to file an appeal within 30 days. Depending upon your circumstances, we may be able to help you file a timely appeal to the Board of Immigration Appeals.
Family-based adjustment of status essentially involves applying for a green card to remain in the United States legally. Once an individual obtains a green card, they will achieve lawful status as a permanent resident. A person can apply for a green card while they are legally present in the country – and without needing to return to their home country for any period of time.
United States immigration laws also allow for foreign nationals who are family members of United States citizens or permanent residents to obtain a green card and remain in the country legally. Family relationships that allow for foreign nationals to obtain green cards include the parents, stepchildren, spouses, and minor children of green card holders or naturalized United States citizens. These family relationships are deemed “close relationships,” and an unlimited number of visas are available on that basis.
Visa categories also exist for distant relatives. However, these visas are both limited in number and extremely specific. It is also important to keep in mind that an in-law, cousin, uncle, or aunt may not sponsor a relative for immigration purposes.
It can sometimes be difficult to tell whether you or a close family member qualify for a green card. However, that is where an experienced immigration attorney may come in handy. The experienced Elgin immigration lawyers at J. Sparks Law, PLLC, can help you determine your eligibility for a green card. If you are eligible, we can help you take the necessary steps to obtain your green card and remain in the United States legally.
In some instances, individuals come to the United States out of fear – or to escape a violent or oppressive political regime that exists in their home country. These individuals may also fear persecution in their home country, in which case they may be eligible for asylum in the U.S.
Persecution essentially means that an individual’s home government – or a violent group that the home government cannot or will not control – seeks to inflict (or actually inflicts) economic, psychological, or physical harm on the individual. For an individual to qualify for asylum in the United States, the alleged persecution must relate to one or more of the following:
To qualify for asylum, an individual must typically apply within a year after they first arrive in the U.S. However, certain exceptions do apply in some circumstances. If one of these exceptions does not apply under your circumstances, you may be able to apply for a withholding of your removal, which does not have a time deadline. Likewise, you could submit an application for asylum even if you are an undocumented immigrant who resides in the United States.
The skilled and compassionate Elgin immigration lawyers at J. Sparks Law, PLLC, can answer all of your legal questions about asylum. We can also help you determine whether petitioning for asylum is in your best interests, given your current situation. If it is, we could help you file the appropriate paperwork for asylum – or for withholding of removal from the U.S.
There are numerous benefits associated with attaining United States citizenship, including the ability to work permanently and live in the country, hold various governmental positions, and legally vote in general elections. However, to validly apply for U.S. citizenship, you will need to do much more than file a Form N-400.
If you were born in another country, you might be eligible to attain U.S. citizenship through the naturalization process. To be eligible to apply for naturalization, you must satisfy the following requirements:
If you are eligible for naturalization, the knowledgeable Elgin immigration attorneys at J. Sparks Law, PLLC, can help you file the necessary application materials and pursue full citizenship status.
United States immigration laws oftentimes appear confusing and convoluted. Consequently, it is essential that you retain experienced legal counsel to represent you during all of your immigration proceedings. The compassionate legal team at J. Sparks Law, PLLC can meet with you to discuss your unique situation and explain all of your legal options to you in clear terms. We can then help you decide on the best course of action to attain the result you need.
For a free case evaluation and legal consultation with a knowledgeable Elgin immigration attorney, please call us today at 512-877-7482 or contact us online for more information.
Over the years, we’ve found that there are a handful of very common, yet very important questions people have regarding immigration attorneys. Here are answers to some of our most Frequently Asked Questions.
The approval of an I-130 petition means that the family relationship has been established and acknowledged by USCIS. For example, if you have petitioned a child, an approval means that USCIS has acknowledged that the person you filed for qualifies as your child under the law. The meaning of “child” can include not only biological children, but sometimes stepchildren and adopted minors.
If you have petitioned your spouse, an approval of your I-130 petition indicates that USCIS has both acknowledged that your marriage is legal and that your relationship is genuine.
Permanent residents qualify to file I-130 petitions for:
U.S. citizens qualify to file I-130 petitions for:
All immigrants must prove that they are “admissible.” This means, for example, that those with certain types of criminal convictions in their past may not qualify or may need a waiver. The same is true for those with past violations of immigration law.
It is important to know whether your family member will qualify to receive residency before filing an I-130 petition. An experienced immigration attorney can advise you as to whether your loved one will ultimately be able to receive a benefit before you file the case.
A qualified immigration attorney can help you predict how long the entire process could take and can advise you as to whether your immigrant family member can ask for residency immediately or whether they must wait until their date becomes current in the visa bulletin. Another factor that affects the processing time is whether the immigrant will have their interview at a consulate outside the U.S. or whether they will be interviewed locally inside the U.S. Only certain immigrants are eligible to use an approved I-130 petition to seek adjustment of status in the U.S.
The most common examples relate to immigrants who last entered the U.S. illegally without inspection. Most immigrants who enter without inspection do not qualify to attend their green card interview in the United States. Instead, they must leave the U.S. and go back to their country for an interview at a U.S. consulate abroad. But if someone has an I-130 petition that was filed on their behalf, on or before April 30, 2001, they may qualify to obtain residency and have a green card issued without ever having to leave the U.S.
Some immigrants can qualify under this law even though they weren’t directly petitioned. For example, some immigrants were children when a U.S. citizen’s aunt or uncle petitioned their parent. That immigrant child could also qualify for benefits under 245(i) through the petition filed by their aunt or uncle. Immigrants may also qualify for 245(i) benefits if they were sponsored by an employer on or before April 30, 2001.