Deportation Defense In New York From the Perspective of an IranianClient

While removal proceedings can have a tremendous impact on a personresiding in New York, they will have a more profoundimpact on an alien who is not familiar with immigration law.  In the context of anIranian in removal proceedings, it is important to hire a lawyer that is experienced in deportation defense and also one that understands the political situation in Iran.  Even though a lawyer’s ability cannot be solelydetermined based on that lawyer’s ethnicity, an Iranian lawyer may be more stronglyequippedto conveythe impact of such proceedings on a person of Persian descent. 

The Effect of a Charge and Detention on One’s Employment and Reputation

In Persian culture, importance is placed on a person’s employment.  Frequently, an individual who is placed in removal is in such a proceeding because of a criminal charge.  Sometimes, an individual is detained for the entirety of the immigration proceeding.  In dealing with criminal and immigration charges,it is important to know the effect of such charges on a person’s employment and reputation.In consulting with an immigration lawyer NYC, it is critical to understand that the lawyer is bound by the attorney client privilege and he or she cannot reveal the contents of any communication with the client.  Acomprehension of the magnitude of reputation within the Iranian community will influence a lawyer to protect the client and ensure that his profile is kept low .

Country Conditions

One area where an Iranian Lawyer may particularly help is in making an argument for asylum in a removal proceeding.  Iran is a unique country, with a distinctive political situation.  Understanding the nuances of politics in Iran and the turmoil surrounding the current regime will help a lawyer construct the most effective asylum argument.  A Persian lawyer is naturally better equipped to understand modern Iran and how to use this knowledge to build a strong asylum case.

What Is A “P-1A Visa”?

P-1A visas are for athletes who need to come to the U.S. in order to play at a specific event, either individually or as a team, at a level that is recognized internationally. The athlete and/or the team must also be recognized on an international scale.

The event, on the other hand, must require the contribution of international teams.

Those whose assistance/support is considered to be essential to the P-1’s athletic performance (i.e. coaches, trainers, scouts, etc.) may also apply for a P-1 visa. However, in order to apply, the worker(s) accompanying the athlete/team must possess skills that are not only essential to the P-1’s performance, but also incapable of being performed by a U.S. worker.

The spouse/children of P-1A visa holders may apply for P-4 visas. Even though they are not authorized to work, they may study throughout their stay.  As the requirements are complicated, if you live in NJ it is helpful to secure the services of an immigration lawyer NJ to assist you with your case.

Who May Petition?

Either the employer or the agent may submit the petition on behalf of the athlete and/or the team.

What Documentation Do I Need To Provide?

Unless no such organization exists, the employer or agent must consult with a labor organization that may provide a written description of the services the athlete and/or team will be performing in the U.S. as well as their qualifications for these services. 

Along with the petition and written consultation, the employer or agent should include

Copies of the employment contract between the athlete/team and a major league in the U.S., a detailed explanation of and itinerary for the event, along with copies of at least two of the following:

·         Proof of significant participation with a major league in the U.S. during an earlier season;

·         Proof of significant collaboration with a national team in an international competition;

·         Proof of signification participation in an intercollegiate competition for a college/university in the U.S. during an earlier season;

·         A written statement from an official of a major league in the U.S., or an equivalent governing body, detailing the athlete or team’s international recognition;

·         Proof of international rankings, if available;

·         Proof of honors or awards, if available

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For How Long May I Stay With A “P-1A Visa”?
 

P-1A visas are usually granted for the duration of the event, but no longer than1 year if the team is applying or no longer than 5 years if an individual athlete is applying.

However, the petitioner may request an extension if additional time is needed to complete the event. 

Individuals who meet the above-referenced criteria are encouraged to seek the assistance of a local attorney before applying. So, for example, if you live in Virginia, it may be helpful to consult with an immigration lawyer VA about your application.

A Guide to the Pre-Trial Intervention Program From a Criminal Lawyer in NJ

In New Jersey, the pre-trial intervention (PTI) is available to first time offenders who have been charged with certain felony crimes.  It provides defendants with an alternative program that can avoid the stigma that a conviction creates.  In essence, with PTI a defendant enters into a probationary program and after completion of that program the defendant’s charges are dismissed.  Not every defendant is eligible, so it is important to advise a criminal lawyer in NJ.

Who is eligible for the program? 

First, PTI is only available to residents of NJ, so if you are NY resident with a charge in NJ, you may not be eligible.  Also,a defendant who has a previous conviction, particularly a felony conviction, is most likely not eligible for PTI.  Finally, an offender who has previously entered into PTI or a PTI-like program is ineligible to enter a second time. 

A person’s eligibility also depends on the seriousness of the charges.  Generally, a defendant with a third-degree charge will be eligible to apply for the program.  However, with a second-degree charge, a defendant’s entrance into the program will be difficult unless the prosecutor consents to his or her entrance into the program. 

What if one applies for the program and is rejected?

If a defendant applies for PTI and is rejected, an appeal can be filed with the presiding criminal judge if a defendant feels he was unfairly rejected from the program.  Such appeals can be very challenging. 

What are the main features of the PTI program?

PTI can run anywhere from one to three years.  Some of the main features of the program are random urine testing, penalties, fines and fees. Optional features include community service, restitution, psychological evaluation and drug evaluations with a corresponding treatment program.

What happens when one completes the PTI?

When an offenderfulfills the conditions of the program, the charges are dismissed.

What happens if someone does not complete PTI?

If an offender does not fulfill the conditions of the program, then PTI is terminated and the case sent back to court.  As the challenges of getting into PTI and completing the program are great, it is best to identify a NJ criminal law firm that can help you understand the nuances of the program.

Acquiring a “Green Card” through Marriage

If an alien is married to a U.S. citizen, he/she may apply for status through their spouse.  The application process is extensive and the assistance of an immigration lawyer NYC is strongly recommended.

What Does One Need For A Successful Green Card Application?

In order to file a successful marriage petition, applicants must provide copies of the following documents:

·         Petitioner and beneficiary’s marriage certificate

·         Petitioner’s passport

·         Beneficiary’s passport and arrival record

·         Petitioner’s and beneficiary’s birth certificate

·         Children’s birth certificate(s) (if applicable)

·         Photographs of petitioner and beneficiary

·         Passport-styled photos for both petitioner & beneficiary

·         Tax returns for the past three years

Applicants will also need to complete the following forms:

·         G-28 forms for both the petitioner and the beneficiary

·         I-130 form for the petitioner

·         I-485 form for the beneficiary

·         G-325A biographic information forms for both the petitioner and the beneficiary

·         I-765 Employment Authorization form for the beneficiary (optional)

·         I-864, Affidavit of Support, signed by the petitioner along with tax returns for the past three years

·         A second I-864 form signed by a co-sponsor along with tax returns for the past three years (if petitioner does not meet USCIS support guidelines)

What Should I Expect After Filing?

After the marriage petition is filed, theapplicant receives a biometrics appointment notice. At this interview, the applicant is photographed and fingerprinted.

What Happens If My Application Is Denied?

Usually, before a marriage petition is denied, USCIS issues an “intent to deny” notice and allows the petitionerto provide additional evidence in support of his petition. However, if the petition is ultimately denied, the petitioner may be able to reapply depending on the reasons underlying the denial, i.e. lack of documentation.

If you initially applied without an attorney, you should consider retaining an immigration lawyer NJ prior to filing again.

Further Reading:
Know the details about the I-751 self petition in case Green Card is issued on condition of remaining married for another 2 years but the marriage gets dissolved before that period. 

Becoming a U.S. Citizen

If an individual has been a permanent resident for at least 5 years, he/she may apply for citizenship.  Applying for U.S. citizenship is a serious process that requires the assistance of an immigration lawyer VA.

What Does One Need For A Successful Citizenship Application?

In order to file a successful citizenship application, applicants must provide copies of the following documents:

·         Petitioner’s permanent resident card

·         Petitioner’s passport

·         Two passport-styled photos

·         Certificate of disposition (if applicable)

Applicants will also need to complete the following forms:

·         G-28 form for the petitioner

·         N-400 form for the petitioner

Applicants must also provide a check or money order payable to U.S. Department of Homeland Security in the amount of $680.00.

If I Have Been Arrested in the Past, Can I Still Apply For Citizenship?

It depends on the nature of the charge. For this reason, the applicant or the attorney must request a certified disposition from the appropriate court, and include it along with the above-referenced forms.

What Happens If My Application Was Previously Denied?

The applicant may be able to reapply for citizenship depending on the reasons underlying the denial, i.e. failure to attend the naturalization interview. However, if the application was denied for more serious reasons such as fraud, the applicant should retain an immigration lawyer NJ in order to assess whether it is feasible to reapply.