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Immigration is a very complicated and fact-intensive area of the law. In order to provide the very best immigration law services and problem solutions to my clients, I am a member of the American Immigration Lawyers Association (AILA), which is a national association of over 8,000 attorneys who work in the field of immigration. In this way, if I don't know the answer to a question, I can usually find the answer through my association.

Asylum

A person who cannot or will not return to their home country due to fear of persecution or torture, can apply for asylum in the United States. In addition to other requirements for asylum, the person must apply within 12 months of their arrival in the United States. If they fail to meet this requirement, their application for asylum may be denied and they will be placed in removal proceedings.

Lawful Permanent Resident (green card)

The goal for most immigrants to the United States is to become a Permanent Resident of the U.S. This is recognized by the U.S. government with a Lawful Permanent Resident identification card, known as a "green card" because they used to be green. The green card holder has many of the privileges of a United States Citizen, and for most green card holders, they can apply for U.S. citizenship after a few years of holding a green card.

Family Visas

With the goal of a green card, one of the principal ways to get a green card is through a family visa. In a family visa, a close family member already in the United States can file a petition with the United States Citizenship and Immigration Services (USCIS), formerly the INS, to allow their close family member to immigrate from their home country to the U.S. and to get a green card on arrival in the United States. Depending on whether or not the relative is an immediate family member or simply a close relative, the home country they are immigrating from, and the quota of visas allowed, the petition process can take from a few months to many years.

Adjustment of Status

Under certain circumstances, a person who is physically present in the United States under one immigration status, may be able to change or "adjust" that status to that of Lawful Permanent Resident (green card). This requires special circumstances in order to be allowed by the USCIS.

Citizenship (naturalization)

The usual path to citizenship is to get one after having had a green card for five years as an individual and three years as the spouse of a United States citizen. Citizenship is not awarded automatically, you must apply for it and meet all of the standards set for naturalization to citizenship.

Impact of Crimes on Immigration

Many green card holders get comfortable with the privileges afforded the Permanent Resident, and begin to believe that they have the same status as a U.S. citizen. Unfortunately, this is not the case, and if they commit a crime, including domestic violence, the USCIS may confiscate their green card and put them into "removal" proceedings. Under some of the old immigration laws, being forced to leave the U.S. was called deportation, but some recent changes in the immigration law have changed the terminology to removal from the U.S. rather than deportation. A crime, particularly an aggravated felony, can have immigration consequences far beyond the state law penalties.

Immigration Detention

If a non-citizen with or without valid immigration status commits a crime, particularly an aggravated felony, after they serve their state time, they may then be picked up by USCIS and placed in an immigration detention facility. Such a person will be held until the immigration bond is determined and paid, and then they will be released, subject to appearing in immigration court for removal (deportation) proceedings.

Immigration Court Executive Office for Immigration Review (EOIR)

When a person runs afoul of the immigration laws and faces the possibility of being removed from the United States, they are placed in proceedings before the U.S. Department of Justice's Executive Office for Immigration Review (EOIR), better known as the Immigration Court. During the course of the proceedings before the Immigration Court, the person will have an opportunity to present their case to an Immigration Judge in the hopes of canceling the removal proceedings and thereby remaining in the United States. While there are a number of different mostly non-profit groups who can represent such a person in Immigration Court, they would be best advised to seek the representation of an attorney.