Understanding the immigration laws is not a simple matter of learning basic rules and filling out applications. An experienced immigration attorney knows how to offer a client additional options for immigration benefits using existing programs in creative ways. We offer a few examples of how we have been able to assist clients to achieve success when other attorneys and “notarios” have hit a dead end. We stress that every one of these strategies is fully within the law!
- TPS- Individuals with Temporary Protected Status can adjust status in the United States if an immigrant visa is currently available to them. Federal courts have approved the process as it relates to immediate relatives but the court rulings would just as easily apply to recipients of other family based applications and approved employment based applications as well.
- DACA- This program gives a temporary status to “Dreamers” who entered the US as children. The program can also serve as a basis for permanent residence for recipients who re-entered the US legally on advance parole or who acquired DACA before turning 18 and therefor do not have any period of unlawful presence. These “Dreamers” may still have to return home for final processing but are not subject to the 10-year bar and should be eligible to re-enter the US quickly with a green card
- Asylum- Individuals who file non-frivolous asylum claims within 6 months of entering the US can obtain work permission and do not acquire unlawful presence in the US. They may later be eligible for permanent residency based through family or employment based applications.
- Small Investments- Individuals from certain treaty countries can purchase or start up small in the US and obtain extended temporary stays for themselves, spouses and children. The spouse is entitled to a work card. Permanent residency can later be obtained through expanding the business or through a labor certification and an employment based sponsorship for the investor or spouse.
- Other Strategies- Many other opportunities can be explored through a variety of options, including opening branch offices in the US for foreign companies, filing employment based immigrant or nonimmigrant applications while in student status, transferring key employees to a branch office outside the US to avoid long waiting periods for Indian and Chinese professionals, using investor visas for companies to startup companies in the US rather than L1 visas to allow for longer startup periods. etc. The possibilities are only limited by the quality of your immigration lawyer.