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Areas of Practice

The Law Offices of C.J. Lavery specializes in U.S. immigration and Nationality Law. Our practice encompasses all aspects of U.S. Immigration law including:

  •       Family Based Immigration
  •       Employment & Business Immigration
  •       Deportation & Removal Defense
  •       Asylum 
  •       Deferred Action for Childhood Arrivals
  •       Temporary Protected Status
  •       Permanent Residency
  •       Naturalization

As every case is unique, it is to your benefit to contact us to schedule an appointment to discuss your different options.

The information contained on this site should not be viewed as legal advice and should not be relied upon without specific legal counsel being sought. Each individual has unique needs and circumstances. Please contact us to arrange a legal consultation with an immigration attorney.

Family Based Immigration

Some of the applicable categories* for Family Based immigration are:

K-1 Fiancé (e) Visa

 A fiancé of a U.S. Citizen may qualify for a K-1 visa, which would allow him or her to enter the United States for the purpose of marriage. Once the fiancé enters the United States, he or she must marry the petitioner within 90 days of arrival in the U.S. Once married, an additional application will need to be filed by the foreign national to adjust his or her status to legal permanent residency. 

I-751, Removing Conditions on Residence

Legal Permanent Resident status will be conditional if it is based on a marriage that is less than two-years on the day you were granted legal permanent resident status. Within 90 days prior to the expiration date on your green card, you must file a petition to remove the conditions on your green card and maintain your legal permanent residency status. Failure to file a timely application can result in serious consequences including being put in deportation proceedings.


Marriage Petitions

A U.S. citizen may petition for his or her spouse to obtain legal permanent residency if the spouse is residing in the U.S. and has verifiable proof of lawful entry into the U.S. Alternatively, if the spouse of a U.S. Citizen is residing abroad, the U.S. Citizen may file a petition with USCIS and the spouse residing abroad may apply for an immigrant visa upon approval. 

Family Sponsorship

Generally, U.S. citizens and lawful permanent residents can apply for family-based visas for certain family members to become legal permanent residents in the United States. Family relationship must be determined according to U.S. Citizenship and Immigration Service criteria. Qualifying relatives are divided into two categories: Immediate Relatives and Preference Category Relatives.

Immediate relatives are spouses, children (unmarried & under the age of 21), and parents of U.S. citizens. There is no limit on the number of immigrant visas for immediate relatives

Preference Category Relatives are divided into four categories: 
• First Preference: Unmarried sons or daughters (over 21 years old) of U.S. citizens. 
• Second Preference: 
- Family 2A - Spouses and children of lawful permanent residents. 
- Family 2B - Unmarried sons or daughters (over 21 years old) of lawful permanent residents. 
• Third Preference: Married sons and daughters of U.S. Citizens
• Forth Preference: Brothers and sisters of U.S. citizens 21 years of age or over. 

There are limited numbers of immigrant visas for relatives under a preference category. Due to the limited number of visas made available by USCIS, there are long backlogs that often result in long delays in the availability of immigrant visas. 

 

*Please note that this is not a complete list of visa types. As not all circumstances are the same we recommend you contact us to schedule an appointment to discuss possible visa options available to you or a family member.

Employment & Business

Typical Employment & Business Visas*:

E-2 (Treaty-Investor)

The E-2 treaty investor non-immigrant visa is available to individuals who plan to create, develop, or manage significant business operations and investments in the U.S. If you are an employee of a treaty trader investor, you may also be qualified as an E visa holder, provided your duties require special qualifications essential to the business. The non-immigrant individual must have the same nationality as the alien employer and the home country of the non-immigrant must have a treaty with the U.S. 

L-1 (Intra-Company Transferee)

Individuals who are employed outside of the U.S. as executives, managers, or in a position that requires specialized knowlege may be eligible for an L-1 visa.  The L1 allows a multinational company to transfer high-level employees from an international office to a U.S. operation for a maximum of three years initially, with one-year extentions for a maximum of seven years.

H-1B (Specialty Worker) 

The H-1B non-immigrant visa applies to a foreign national who will be employed temporarily in a specialty occupation. Applicants must have a U.S. employer willing to sponsor them in the process and have the equivalent of a U.S. college or university bachelor’s degree. Approximately 65,000 H-1B visas are available through USCIS each year. Typically the visa is granted for three years, but may be extended to six.

*Please note that this is not a complete list of visa types. We recommend you contact us to schedule an appointment to discuss possible visa options available to you.

 

Deportation and Removal

Some individuals living in the U.S. may find themselves facing deportation or removal proceedings. If you have received an order of removal or notice to appear before an immigration judge, it is important to retain an immigration attorney proficient in this complicated area of law. We can assist you in navigating through this complex process. Please contact us for more information or to schedule an appointment regarding a previously scheduled hearing date with the U.S. Immigration Court.