Other U.S. Immigration Cases

Other U.S. Immigration Ca…

Immigration law encompasses an enormous range of case types. Below are some other immigration matters in which we provide advice and counsel as well as full representation.

Federal Court Litigation

There is no question that the immigration process is often long and arduous. Delays are common. There are circumstances, however, in which a USCIS delay may be considered unreasonably long. Filing a petition in federal court may sometimes be the only option available to move a case forward.

For stalled naturalization cases, the regulations are clear that USCIS must make a decision within 120 days after the date of the initial interview. If 120 days have passed since the interview without a decision, and inquiries with USCIS have not been fruitful, it may be time to consider filing a petition in the federal district court.

For other stalled cases, such as pending green card applications, it is also possible to file a federal court petition to force USCIS to act. This is called a "writ of mandamus," which is an order to compel a government official or agency to take a specific action.

If you have a naturalization case that has been pending more than 120 days since your interview, or you have another case that is experiencing unreasonable delays, please contact our office for a consultation.

Crimmigration and Waivers

In recent years the intersection of criminal law and immigration law ("Crimmigration") has become an especially interesting and important topic. Certain criminal convictions are certain to result in an individual's ineligibility for certain immigration benefits (e.g., inadmissibility) or even the initiation of removal proceedings. In the criminal law context, it is therefore mandatory for defense attorneys to advise non-citizen clients of potential immigration consequences of criminal convictions. We have extensive experience advising non-citizen criminal defendants and their defense attorneys on immigration consequences and strategies in crafting plea agreements to avoid deportability.

Sometimes the negative impact of criminal convictions on an immigration case can be waived by filing an application with supporting documentation. Findings of fraud or misrepresentation can also impact an immigration case and require a waiver as well. Such waivers generally require a showing of a certain degree of hardship to a specific qualifying relative and will take into account other equities and positive factors. We are experienced in handling successful waiver applications and encourage you to contact us today for assistance.

American Indians Born in Canada

The Jay Treaty was signed in 1794 between the United States and Great Britain and allowed for the free travel of American Indians across the U.S.-Canada border. This treaty obligation has been codified in the immigration laws and allows an American Indian born in Canada to register for a green card. A registrant must demonstrate: (1) Birth in Canada; and (2) 50% or more of blood of American Indian race, proven by membership documents issued by a recognized Canadian Indian Band or U.S. Indian tribe. Practicing near the Canadian border, we are experienced in this unique area of immigration law and can provide assistance in the green card registration process.

Other common services we offer are applications for the following:

  • I-601A Provisional Waiver
  • Temporary Protected Status (TPS)
  • Green card renewals/replacements
  • Re-entry permits
  • Travel documents
  • Advance parole
  • Visitor visas

We welcome you to contact the Brian M. Wang | Whiteman Osterman & Hanna LLP to schedule a consultation about how we may be of service in your immigration matter. Based in the Albany, NY Capital District area, we assist clients throughout New York, in all 50 states, and worldwide with United States immigration law.

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