Services
Maria R. Pogyo es nuestra asistente legal senior y tiene más de 15 años de experiencia trabajando en el ámbito de la inmigración.
Pericia
- La familia y la inmigración basada en el empleo
- peticiones no inmigración
- Solicitud de residencia permanente
- Naturalización
- H (trabajadores temporales)
- certificación laboral permanente (PERM)
- peticiones de inmigración basadas en el empleo
- Ajuste de estado
- el proceso consular
- Naturalización
Educación
- Purchase College – Universidad Estatal de Nueva York , Licenciatura en Artes – Estudios Legales de 2006
Idiomas
- Spanish
- English
Services > Permanent Visas (Green Cards) > Employment-based immigration
Foreign nationals may obtain permanent residence if they are able to establish that they have unique skills, or are being offered a job in the United States that will not displace a U.S. worker and have an adverse effect on the wages and working conditions of U.S. workers.
There is a limited number (“quotas”) of Immigrant Visas (“Green Cards”) available within a fiscal year. Whether a person can apply to become a Lawful Permanent Resident is controlled by whether he or she can satisfy the quota requirements.
In a case involving an employment-based preference, the priority date for quota purposes would be the date on which the application for labor certification (discussed, infra) was submitted, or, if a certification was not required, the date on which the preference petition was filed.
Employment Preferences
The employment-based category is organized into preferences:
This category does not require that the beneficiary obtain a certification from the Secretary of the Department of Labor (DOL) that the work in which he or she will engage will not displace U.S. workers.
The first subcategory within this preference (EB-1-A) is for persons of extraordinary ability in the sciences, arts, education, business, or athletics; the extraordinary ability has to be demonstrated by sustained national or international acclaim and by extensive documentation. Such persons are not required to have a prospective employer, but they must be entering to continue to work in their chosen field, and they must “substantially benefit prospectively the U.S.”
The second subcategory within the first preference is that of outstanding professors and researchers with a minimum of three years of experience in teaching or research who are recognized internationally in an academic discipline (a/k/a EB-1-B). To qualify, a foreign national must be coming for a tenure or tenure-track position, or for a comparable position at a university, institute, or with a private employer to conduct research. While no labor certification is required, there must be an offer of ongoing employment from the sponsoring employer.
The third and last subcategory for the first preference is for multinational executives or managers who have been employed abroad by the petitioning firm, corporation or legal entity, or its affiliate, parent or subsidiary in that capacity for at least one of the last three years prior to entry (a/k/a EB-1-C). As with the other two EB-1 subcategories, no labor certification is required; however, the prospective employer must petition for the beneficiary and submit a statement that the beneficiary will perform as an upper echelon executive or manager.
This preference is for members of the professions holding advanced degrees, or for persons with exceptional ability in the arts, sciences, or business who will substantially benefit the national economy or culture who are “sought by an employer in the United States.”
“Exceptional ability” is defined as an expertise beyond that which is normally found in the professions. An advanced degree could include a “Master’s Degree “or equivalent or bachelor’s degree plus five years of progressive work experience in their field.
This employment-based category is for skilled workers, professionals, and “other workers”–all of whom require approved labor certifications. “Skilled workers” are persons whose positions require a minimum of two years training or work experience. “Professionals” are positions requiring a baccalaureate degree or university equivalent. The “other workers” subcategory is for persons in positions that require less than two years training or experience to engage in the work.
This preference is for “special immigrant” visas. The categories include certain religious workers, Panama Canal Treaty employees, Amerasian children, certain employees of U.S. foreign service posts abroad, certain retired employees of international organizations admitted to the United States under the G-4 nonimmigrant visa, and dependents of juvenile courts.
This preference is for investors who will create employment positions or are in the process of investing. It provides conditional residency for those who, after November 29, 1990, invest $1 million in a new commercial enterprise that will employ at least 10 full-time U.S. workers.
Conditional residency means that the beneficiary receives residence for a two-year period.,. Within 90 days before the 2nd anniversary of the grant of conditional residence, the person should apply for removal of the conditions on residence and that the individual be granted LPR status.
An investment of $500,000 may qualify the investor if the investment is in one of the targeted employment areas that includes rural areas with populations of less than 20,000, or locations that have experienced unemployment at 150 percent of the national average. Under the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act of 1993, a pilot investor program was established that relaxes the standards for the investor. The pilot program permits investments through “regional centers” with a relaxed job-creation requirement. The regional centers apply to USCIS demonstrating how the program will promote economic growth. Upon approval, a foreign investor’s investment in one of these centers may qualify him or her for the immigrant visa. This program has since been extended and is limited to 3,000 visas annually.
The availability of visas under the quota system is determined by the person’s “priority date. “In a case involving an employment-based preference, the priority date would be the date on which the application for labor certification (discussed, infra ) was submitted, or, if a certification was not required, the date on which the preference petition was submitted
Other Considerations
In some of the preference categories a U.S. employer who is “sponsoring” an immigrant is required to obtain a certification from the Secretary of DOL that there are insufficient available, qualified, and willing U.S. workers to fill the position, and that the employment will not have an adverse effect on the wages and working conditions of similarly situated U.S. workers.
The requirement for this certification can be found at 8 USC §1182(a)(5)(A), INA §212(a)(5)(A). In the certification process the employer, through a recruitment effort, “tests” the market to establish that the person for whom a certification is sought meets the above statutory standard.
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Please note that , as of July 16, 2007, employers must pay all costs related to labor certification process and prohibits payment by the alien beneficiary or others of employer-incurred costs related to the labor certification, including attorney’s fees.
Once the Department of Labor certifies the application for alien employment certification, the employer has to file a petition for the foreign worker with the U.S. Citizenship & Immigration Services within 180 days after the date the labor application is certified.
Once the worker’s filing date is reached for quota purposes and, depending on eligibility, he/she will either file for adjustment of status to permanent resident at an Immigration Service Office in the USA or process his/her immigrant visa at the American Consulate abroad. This will require a letter from the same employer who started the case indicating that the same job and, at least, the same salary approved by the Department of Labor is still offered to the worker
Contact us for further information
Please be advised, that this is complex area of law, where there are a lot of exceptions and eligibility requirements that should be assessed before stating a case to avoid pitfalls that could derail your case. Thus, please contact us and schedule a consultation to discuss you particular case with one of our attorneys. During the consultation, the attorney will analyze your case and discuss all the immigration options that you or your employer may have.
Contact Us Online or Call 914 636-5657 to schedule a Consultation with a New Rochelle, Westchester, NY Green Card Immigration Lawyer
Services > Permanent Visas (Green Cards) > Family-based Immigration
Persons who have a familial relationship with a U.S. citizen or lawful permanent resident (LPR) may seek the benefit of becoming an LPR through a petition filed by a family member or, under certain limited circumstances, through self-petitioning.
In most cases, in order to obtain permanent residency through a family relationship there must be a willing U.S. citizen or LPR (“Petitioner”) There are exceptions to this petition requirement, including where the foreign national has been the victim of extreme cruelty or battery by the family member who otherwise would be the petitioner; or, in some limited cases, where the petitioner has died.
Family-based immigration involves a multi-step process, where delays are common, due to the shortage of immigrant visa availability. Therefore, petitioning relatives are encouraged to start the process as soon as possible.
There are limited numbers (“quotas”) of Immigrant Visas (“Green Cards”) available within a fiscal year. Whether a person can apply to become an LPR is controlled by whether he or she can satisfy the quota requirements. The law exempts from the quotas “immediate relatives” defined as the “children (under 21 years old and unmarried), spouses and parents” of U.S. citizens; when a son or daughter petitions for his or her parent, he or she must be at least 21 years of age. Other relationships, which are subject to a quota system, are divided into family-based “preferences.” The family preferences include four categories:
• First Preference: unmarried sons and daughters (over 21 years old) of U.S. citizens;
• Second Preference: spouses and minor unmarried children of LPRs (2A); and unmarried sons and daughters over 21 yars old) of LPRs (2B);
• Third Preference: married sons and daughters of U.S. citizens; and
• Fourth Preference: brothers and sisters of U.S. citizens.
The availability of visas under the quota system is determined by the person’s “priority date.” A priority date is the date on which a person initially submitted documentation establishing eligibility for one of the preference categories under the immigrant visa scheme. In the case of a family-based petition, the priority date would be the date on which the petitioner submitted the petition showing that there existed a qualifying familial relationship with the beneficiary. Therefore, it is very important to file the petition as soon as possible to “lock in” a priority date.
To summarize, if you have a parent, spouse, son, daughter over 21 years old or sibling over 21 years old who is a U.S Citizen or a parent or spouse who is a Lawful permanent resident of the United States you may be eligible to become a lawful permanent resident of the United States. However, please be advised, that this is complex area of law, where there are a lot of exceptions and eligibility requirement that should be assessed before starting a case to avoid pitfalls that could derail your case. Thus, please contact us and schedule a consultation to discuss your particular case with one of our attorneys. During the consultation, the attorney will analyze your case and discuss all the immigration options that you or your relative may have.
Contact Us Online or Call 914 636-5657 to schedule a Consultation with a New Rochelle, Westchester, NY Green Card Immigration Lawyer
Services > Permanent Visas (Green Cards) > Asylum/Refugees
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Contact Us Online or Call 914 636-5657 to schedule a Consultation with a New Rochelle, Westchester, NY Green Card Immigration Lawyer
Services > Temporary Visas
The non-immigrant (temporary) visa classification covers a broad range of visas used to enter the U.S. for work, pleasure or study. Some visas are considered ‘dual intent’; you may attempt to obtain permanent residency (a green card) while under that classification. Most non-immigrant visas, however, require you establish the demonstration of non-immigrant intent. This means you should demonstrate that you have a permanent residence in your home country that you have no intention of abandoning. The duration of time you may spend in the U.S. can range from a few days to several years, depending on the visa. In most situations, your spouse and unmarried children under the age of 21 may accompany you on a derivative visa
Our firm’s knowledgeable immigration attorneys in New Rochelle, Westchester, New York will assist you and answer all your questions about obtaining or extending a temporary visa. Our immigration lawyers have ample experience helping individuals to obtain visas for themselves and their families.
Services > Temporary Visas > Educational Visas
There are three different kinds of educational visas:
F-1 visas are for foreigners who come to pursue academic education, at any level, in the USA, on a full-time basis at an approved institution. The foreign student will have to show that he/she has sufficient funds to pay for the education and that he/she has sufficient preparation to complete the course of study. A foreigner under this type of visa is generally not permitted to work in the USA without prior authorization from U.S. Citizenship & Immigration Services.
F-1 visas are for foreigners who come to pursue academic education, at any level, in the USA, on a full-time basis at an approved institution. The foreign student will have to show that he/she has sufficient funds to pay for the education and that he/she has sufficient preparation to complete the course of study. A foreigner under this type of visa is generally not permitted to work in the USA without prior authorization from U.S. Citizenship & Immigration Services.
M-1 visas are for vocational students that are coming to engage in a full-time program at a recognized nonacademic institution. Students under this visa are not precluded from attending public institutions and may attend a high school, community or junior college, or other post-secondary vocational or nonacademic program. Students under this visa may not engage in any work until they have completed their studies.
Services > Temporary Visas > Victims for Certain Crimes
T Visa. This visa is for foreigners who have been the subjects of severe trafficking, which is defined as “sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, in which the person induced to perform such act has not attained 18 years of age” or “the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through=- the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery” and who agree to assist in prosecutions or are under the age of 18 and would suffer “extreme hardship involving unusual and severe harm upon removal.”
The T visa is for three years, and the individual may seek adjustment of status to that of a Lawful Permanent Resident if he/she has maintained status, been of good moral character, and complied with reasonable requests for assistance in prosecuting trafficking.
For further information, please contact Dryer, Dryer & Alarcon, P.C. to schedule a consultation with an experienced immigration lawyer
Services > Temporary Visas > Tourism
B-1/B-2 Visas: B-1 visas are for foreigners seeking to enter the USA for business purposes. B-2 visas are for foreigners seeking to enter for tourism purposes. Usually, the two visa categories are combined together and issued as a “B1/B2” visa valid for a temporary visitor for either business or pleasure or a combination of the two. In order to qualify for a B1/B2 visa, the foreigner must convince the Consular Officer that he/she is coming to the USA for a short period of time with a clear purpose, will depart the USA at the end of the visit and will not engage in work.
Services > Temporary Visas > Tourism
B-1/B-2 Visas: B-1 visas are for foreigners seeking to enter the USA for business purposes. B-2 visas are for foreigners seeking to enter for tourism purposes. Usually, the two visa categories are combined together and issued as a “B1/B2” visa valid for a temporary visitor for either business or pleasure or a combination of the two. In order to qualify for a B1/B2 visa, the foreigner must convince the Consular Officer that he/she is coming to the USA for a short period of time with a clear purpose, will depart the USA at the end of the visit and will not engage in work.
Services > Temporary Visas > Work or Business
Here is a list of work or business related visas with descriptions and subcategories:
These visas are for treaty traders (E-1) or treaty investors (E-2) and are in a special category to which some of the traditional nonimmigrant visa rules are inapplicable. These types of visas allow a foreigner to remain in the USA for an indefinite period of time under a reciprocal treaty of commerce and navigation between the USA and the country of nationality. The trader must be engaged in “substantial trade” between the United States and her/his home country and be a manager or director or have specific knowledge of the business operations. The treaty investor (E-2) must be developing or directing an enterprise in which he/she has invested a substantial amount capital or coming to work for such an enterprise as manager, director or have specific knowledge of the business operations.
H-1B. This visa classification allows foreigners who will engage in “specialty occupations,” or are fashion models of distinguished merit and ability, or foreigners providing service related to the Department of Defense, to come to the United States to engage in work. A foreigner under this visa may be admitted for a period of up to three years and extension generally cannot go beyond a total of six years except under certain circumstances. Some of the exceptions to the six-year limit are where the H-1B is the beneficiary of an immigrant labor certification application or employment-based immigrant petition that has been pending for more than 365 days prior to the end of the six years, or if he/she is the beneficiary of such a petition and is unable to obtain permanent residency due to quota restrictions. The foreigner is then eligible for extensions in one-year increments until the labor certification application or immigrant petition is decided, or a final decision is made on the foreigner’s application for adjustment of status or an immigrant visa.
H-2A This temporary agricultural visa is a nonimmigrant visa which allows foreign nationals to enter into the U.S. to perform agricultural labor or services of a temporary or seasonal nature. “Temporary or seasonal nature” means employment performed at certain seasons of the year, usually in relation to the production and/or harvesting of a crop, or for a limited time period of less than one year when an employer can show that the need for the foreign workers is truly temporary.
H-3. This visa is for foreigners who are receiving instruction or training in any field of endeavor, such as agriculture, commerce, communications, finance, government, transportation, or the professions, as well as training in a purely industrial establishment, with the exception of graduate medical training or education that falls within the J visa. This visa is only available where the equivalent training is not available in the home country, the foreign national will help the foreign national pursue a career outside of the United States. Persons admitted under this status may not remain for more than two years, and may not change or extend their stay, or be readmitted under an H or L visa until they have been outside of the United States for at least six months.
This visa is available to foreigners who are representatives of foreign media through a reciprocal arrangement between the United States and the applicant’s home country allowing U.S. journalists to be admitted under similar conditions. Foreigners who are working for foreign press, radio, film, or other information media can enter under this category as long as they are employed with foreign media including those working in the information, documentary, or educational programming fields. This visa may also be granted to representatives from independent production companies who hold a credential issued by a professional journalism association. Please note, however, that those who are working in entertainment programming or commercial film may not enter under this visa status.
This visa is for intracompany transferees (multinational corporate executives and managers, or persons with specialized knowledge). In order to qualify for this visa, the foreigner must have been employed abroad by the parent, branch, or subsidiary corporation of the US company continuously for one of the prior three years. This type of visa does not preclude the foreigner from seeking lawful permanent residence while pursuing or being present in the United States under this status. This visa has no annual quota, and the visa-holder may remain in the United States for a period of five to seven years. The spouse and children of the L-1 visa-holder are admitted as L-2s, and they are permitted to work.
The O-1 visa category is for foreigners of extraordinary ability in the science, art, education, business, or athletics which has been demonstrated by sustained national or international acclaim and who are coming temporarily to the U.S. to continue work in the area of extraordinary ability.
While there is no foreign residence requirement, the person must have an intent to remain in the USA temporarily. Extraordinary ability may be established either by a major international award or by at least three of the following criteria: (1) a national or international award; (2) membership in an organization in the field for which classification is sought requiring outstanding achievement; (3) published material about the person’s work in professional or major trade publications; (4) having been called on to judge the work of others in the particular field; (5) original work of major significance in the field; (6) authorship and publication of scholarly work in the field;
(7) evidence that the person has been in a critical or essential employment capacity with an organization of distinguished reputation; or (8) evidence that the person has or will command a high salary in the field.
O-1A: This visa is for foreigners who, through sustained national or international acclaim, have demonstrated extraordinary abilities in the sciences, arts, education, business, or athletics.
O-1B: This visa is for foreigners in the motion picture or TV production business, who have a record of extraordinary achievement.
O-2: This visa is for persons who are accompanying and assisting the O-1 artist or athlete in the furtherance of his or her performance (the skills that are to be utilized in assisting must not be of a general nature).
O-3: This visa is for the spouse and children of the O-1/O2 visa-holder.
P-1A: This visa is for athletes who are themselves internationally recognized, or are part of a group that has achieved this recognition.
P-1B: This visa is for a foreigner who performs with, or is an integral part of, an entertainment group that has been internationally recognized for a sustained period as being outstanding entertainers. The performer seeking admission in the category must have had a substantial relation with the group for at least one year. A group of performers nationally recognized” for a sustained and substantial period” may obtain a waiver of the international recognition and one-year requirements under certain circumstances. The waiver may be obtained for a quarter of the performers or entertainers in the group if they are replacing essential members of the group due to illness or other special circumstances.
P-2: This visa is for a foreigner performing as part of a group, or individually, or as an integral part of the performance, and is entering temporarily and solely to perform under a reciprocal exchange program.
P-3: This visa is for a foreigner who is entering as part of a “culturally unique program” (including coaching); the program may be commercial or non-commercial and need not be sponsored by an educational, cultural, or government agency.
This visa is for foreigners participating in an international cultural exchange program approved for the purpose of providing employment, practical training, and the sharing of history, culture, and traditions of the entrant’s country of nationality. The program must take place in a school, museum, business, or other similar establishment. The cultural component must be designed to exhibit or explain the attitude, customs, history, heritage, philosophy, or traditions of the person’s country, and the program must be the vehicle to achieve the cultural objective. Q visas are limited to 15 months. The foreigner must have a foreign residence and be employed under the same wages and conditions as U.S. workers. Someone who already has been here for 15 months will not be readmitted until he or she has been physically outside the United States for at least one year.
Q-2. This is a special visa for persons 35 or younger from Northern Ireland and certain counties of Ireland and is limited to 4,000 visas per year. The program is for culture and training, and provides practical training, employment, and experience, and conflict resolution, participants in the program may not stay in the United States for more than three years.
This visa is for ministers and persons working in a professional capacity for a religious organization. Religious occupations include activities that relate to religious functions, such as liturgical workers, cantors, and religious broadcasters. In order to qualify for the visa, the person must be a member of a religious denomination (for a minimum of two years before the application filing) that has a bona fide nonprofit religious status in the United States. The initial period of admission is usually three years, and can be extended for an additional two years.
R-2 Visas. This visa is for the spouse and children of the R visa holder.
The visa is for nationals of Canada or Mexico admitted under the North American Free Trade Agreement (NAFTA), who seek temporary entry as a business person to engage in business activities at a professional level. If the applicant for this visa is a professional, the visa is similar to the H-1B, but without a defined limit on the length of time that the person may remain in the United States. The recipient of this visa will have to show that he/she will remain for a “temporary period,” which is defined as a period with a “reasonable, finite end that does not equate to permanent residence. A self-employed person may not be admitted as a TN. Please note that Mexican are treated differently from Canadians under this visa. The Canadian needs only show that he or she is a “professional” coming for work in his or her field based on a job offer, and may submit a request for admission at the border. They must present proof of Canadian citizenship, description of the purpose for the entry, and evidence that they will be engaged in one of the occupations or professions listed in Schedule 1 of NAFTA or will perform appropriate B-1 activities. When traveling from Canada, including Toronto, Montreal, Vancouver, and Ottawa, or at a land border port of entry. On the other hand, however, the Mexican applicant, must present the application before a U.S. Consul. Business visitors who are citizens of Mexico must obtain a B-1/B-2 laser via/border crossing card at a U.S. consulate abroad prior to entry to the United States. To obtain a visa, the applicant must present a complete form DS-156, and if applicable, DS-157, the standard nonimmigrant visa application, evidence of Mexican citizenship and residence, passport or border-crossing card, and fingerprints. Only after a citizen of Mexico obtains a B-1/B-2 visa may he/she apply for admission at a U.S. port of entry.
Services > Temporary Visas > Law Enforcement-related Visas
S Visas. The S-5 and S-6 visas are limited in number and are for individuals who have important and reliable information concerning a criminal organization or enterprise. They must be willing to supply (or have supplied) information to state or federal law enforcement agents and their presence must be determined to be essential. (These are commonly referred to as “snitch” visas.) The S-5 visa is for people determined to be essential by the Attorney General and to have reliable and critical information about a criminal enterprise or organization. The S-6 visa is for individuals determined jointly by the Secretary of State and Attorney General as having reliable and critical information concerning a terrorist organization where the person seeking the visa is, or will be, in danger if the visa is not granted. Two hundred visas are allocated to the S-5 category and 50 for the S-6 category. These visas are limited to three years and may not be extended; however, the beneficiary may be granted permanent residency later as long as the information provided substantially contributes to the investigation’s success. These visas also are available to family members who are admitted as S-7s.
U Visas. This visa is for a foreigner who has been a victim of a serious crimes (including domestic violence) as listed in the statute, and has suffered “substantial physical or mental abuse as result”. In order to qualify for this visa, the victim must have been helpful, is being helpful, or likely will be helpful to a federal, state or local law enforcement official. The visa is limited to 10,000 issued per year, and there are provisions allowing the victim to adjust status to permanent residency after three years.
For additional information, please contact Dryer, Dryer, & Alarcon, P.C., to schedule a consultation with a lawyer
Services > Temporary Visas > Governmental or Quasi-Governmental
The A visa-holders enjoy diplomatic immunity and, under the Vienna Convention or separate consular treaty with their country, they are not subject to the jurisdiction of the United States.
A-1: This visa is for heads of state, high military officials, cetain officers assigned to diplomatic missions, and their immediate family.
A-2: This visa is for other accredited officials of the foreign government and their immediate family.
A-3: This visa is for attendants, servants, personal employees, and members of their immediate family of the A-1 and A-2 visa holders.
This visa is for officials, employees, and dependents of an international organization that are quasi-governmental, such as United Nations (UN), the Organization of American States (OAS)the World Bank, and the International Monetary Fund (IMF).
G-1: This visa is for the principal representative, family, and staff as long as they are assigned on a “resident basis.”
G-2: This visa is for other (non-principal) representatives of a recognized government who are assigned to an international organization, and to members of their immediate family.
G-3: This visa is for officials of governments without de jure recognization by the USA, who are assigned to the international organization and members of their immediate family. Persons included in this final category are nationals of non-recognized countries or nationals for countries that are not members of the international organization.
Services > Temporary Visas > Miscellaneous
C Visas
This visa for foreigners traveling “in immediate and continuous transit” through the USA. In order to be admitted, the foreigner must have sufficient funds and permission to enter a third country.
D Visas
this visa is for foreigners working as crew members on airlines and shipping vessels. Normally, crew members are not allowed to remain for more than 29 days and may not be granted extensions or change of status.
Nato Visas
This visa is for representative of nations belonging to NATO, their staff, and immediate family.
N Visas
This visa is for parents of an undocumented person who is accorded special immigrant status.
Services > Citizenship
A person may acquire U.S. citizen at birth in a variety of ways, including:
• Birth in the U.S. (including its territories);
•Birth abroad to one or more U.S. citizen parents;
• Naturalization following the lawful acquisition of permanent resident status in the United States
• Derivation, which benefits certain children whose parent or parents naturalize, and citizenship is automatically conferred to those children as a matter of law.
To qualify for citizenship through naturalization a person/applicant must:
• Be a Lawful Permanent Resident. Exceptions are provided for persons who serve honorably in the U.S. military for at least one year or who serve in a time of war or declared hostilities.
• Be at least 18 years old
• Have resided continuously in the United States for five years following receipt of permanent residency; the residency requirement is reduced to three years for persons who are married to U.S. citizens for at least 3 years. A spouse or child who obtained permanent residency under the Violence Against Women Act (VAWA), as a result of battery or extreme cruelty, also may apply for naturalization after three years of resident status.
• Reside for at least three months immediately preceding the date of filing in the state in which the petition is filed.
• Be physically present in the United States for at least half of the applicable continuous residency period and must maintain continuous residency after filing the naturalization application.
• Be a person of good moral character.
• Be attached to the principles of the Constitution and well-disposed to the good order and happiness of the U.S.
• Be Willing to Bear Arms, Perform Noncombatant Service or Work of National Importance on behalf of the U.S.
• Demonstrate Knowledge of the English Language, U.S. History and Government.
• File application for Naturalization.
At Dryer, Dryer & Alarcon, P.C. we can evaluate your case to determine whether you acquired U.S citizenship at birth, by derivation or are eligible for naturalization. If we determine that you acquired citizenship at birth or by derivation, we can assist you in obtaining a U.S. passport and/or certificate of citizenship to document your status as a U.S. citizen. If you are eligible for Naturalization, we can assist you in preparing your application for naturalization and represent you at your naturalization interview. Our expertise and experience in this area allows us to adequately evaluate important factors, like criminal, immigration and tax history and changes in your marital status or employment, which could have a negative impact on your application for naturalization. Please be aware that in some cases, the denial of a naturalization application could lead to removal proceedings against the applicant. Therefore, it is very important to obtain professional help to evaluate and prepare your application for naturalization. Please call us or e-mail us to schedule a consultation with one of our attorneys
Contact Us Online or Call 914 636-5657 to schedule a Consultation with a New Rochelle, Westchester, NY Green Card Immigration Lawyer
Maria R. Pogyo es nuestra asistente legal senior y tiene más de 15 años de experiencia trabajando en el ámbito de la inmigración.
Pericia
- La familia y la inmigración basada en el empleo
- peticiones no inmigración
- Solicitud de residencia permanente
- Naturalización
- H (trabajadores temporales)
- certificación laboral permanente (PERM)
- peticiones de inmigración basadas en el empleo
- Ajuste de estado
- el proceso consular
- Naturalización
Educación
- Purchase College – Universidad Estatal de Nueva York , Licenciatura en Artes – Estudios Legales de 2006
Idiomas
- Spanish
- English
Services > DREAMers
The DACA program was announced on June 15, 2012, under which the Department of Homeland Security grants deferred action to “DREAMers (undocumented youth)”. The DREAMers who are granted deferred action will not be deported and will be able to obtain a work permit, which in turn will allow them to obtain a social security card and a driver’s license. In order to be eligible for deferred action, individuals must:
1. Have come to the United States under the age of sixteen;
2. Have continuously resided in the United States for at least five years preceding June 15, 2012 and were present in the United States on June 15, 2012;
3. Currently be in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
4. Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;
5. Be under the age of thirty-one.
Due to Federal Court Orders, USCIS is currently accepting only requests to renew a grant of deferred action under DACA. USCIS is not accepting requests from individuals who have never before been granted deferred action under DACA.
Please contact Dryer, Dryer & Alarcon, P.C. at 914-636-5657 to schedule a consultation to discuss whether you qualify.
Contact Us Online or Call 914 636-5657 to schedule a Consultation with a New Rochelle, Westchester, NY Green Card Immigration Lawyer
Services > Motions/Appeals
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Contact Us Online or Call 914 636-5657 to schedule a Consultation with a New Rochelle, Westchester, NY Green Card Immigration Lawyer
Services > Waivers
Waivers are a very important legal resource because they allow a person to overcome certain grounds of inadmissibility or deportability, which may prevent a person from obtaining a green card or being able to remain legally in the United States. If your application for a green card was denied because you were found inadmissible, it may not be the end of the case because a Waiver may be available to allow you to overcome the inadmissibility ground.
Provisional waivers for unlawful presence can be applied for prior to your departure for an immigrant visa appointment abroad. Moreover, if you already have a green card but the U.S. government is seeking to deport you due to violation of immigration or criminal law, you may be eligible for a waiver to prevent your removal from the United States.
A waiver applicant must demonstrate that he is entitled to the waiver and, in most cases, that he/she warrants favorable discretion. Thus, a well-prepared and documented waiver application has a greater chance of being successful.
If you need sound legal advice regarding waiver availability and eligibility requirements or if you need representation to prepare a solid waiver application, please contact us at 914-636-5657 to schedule a consultation with one of our experienced immigration attorneys.
Contact Us Online or Call 914 636-5657 to schedule a Consultation with a New Rochelle, Westchester, NY Green Card Immigration Lawyer
Services > Waivers > Provisional Stateside Waiver
Certain immigrant visa applicants who are spouses or children of U.S. citizens or lawful permanent residents, can apply for provisional unlawful presence waivers before they leave the United States. The provisional unlawful presence waiver process allows individuals, who only need a waiver of inadmissibility for unlawful presence, to apply for a waiver in the United States before they depart for their immigrant visa interviews at a U.S. embassy or consulate abroad.
For further information and to have an in-depth consultation about your eligibility for this provisional stateside waiver, please call our office (914-636-5657) to schedule a consultation
Contact Us Online or Call 914 636-5657 to schedule a Consultation with a New Rochelle, Westchester, NY Green Card Immigration Lawyer