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Comprehensive Legal Services

In need of experienced, compassionate, and ethical immigration legal representation? Contact Lima & Wyatt, LLP in Philadelphia, PA.

Our Immigration Law Services

Lima & Wyatt, LLP can help you find the best available option for your immigration needs, whether you want to temporarily visit the United States or live here permanently.

Employment- and Education- Based Immigration

Employment and Education - Based Immigration

B-1 Business Visitor
F-1 Student Visas
J-1 Exchange Visitors

L-1 Intracompany Transferee
O-1 Extraordinary Ability Workers
P-1 Athletes and Entertainers

TN (Mexican + Canadian Professionals)
Visa Waiver Program

Family-Based Immigration

Permanent Residency Through a Family Member Petitioner

Most family-based visa petitions are initiated when the sponsoring relative files an immigrant visa petition, also known as a Form I-130, with the appropriate Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) Service Center or U.S. Consulate abroad. The date of receipt of this petition by USCIS establishes the “priority date,” or place in line for an immigrant visa. Processing times for these petitions vary from several months or much longer depending on visa availability.

Family-based immigration can be a relatively quick process or take an absurd amount of time. For some cases, the wait can be as short as four months, as it is in the cases of US citizens filing for their spouse when the spouse is legally present in the US.

However, some cases can take very long to process – notably, cases where US citizens petition for their siblings, which can take upwards of 20 years. We have successfully processed all types of family-based applications for citizens and lawful permanent residents with relatives from all over the world and will make the process as quick and painless as possible.

Many people ask why they need an attorney to petition for their relatives; can't they just read the instructions and complete the forms that are available online? When you hire an experienced immigration attorney, you are not hiring someone to simply fill out the forms and compile the applications. You are hiring someone who can spot potential complications and can provide solutions to the problems that many applicants are unaware of when they file. You are also hiring someone who knows how the immigration system has changed over the years and can troubleshoot potential issues in advance. Finally, you are hiring someone to be with you during the interview to ensure that the process is fair and, if unforeseen complications arise, you will have someone to guide and help you overcome those complications.

Most family-based applications are not granted or denied because of what takes place at the interview itself – it is crucial to go into the interview prepared in advance with what documentation to bring and what kinds of questions to expect. This is why we always suggest conducting a practice interview with the attorney impersonating a USCIS interviewer to make sure the applicants are thoroughly prepared for the big day.

Naturalization / Citizenship

After having invested several years and thousands of dollars in obtaining permanent residency, when can you apply for US citizenship through the process of naturalization?

If you obtained your permanent residency through marriage to a U.S. citizen, you may be able to naturalize if you have been a permanent resident for over two years and nine months and remain living with the U.S. citizen spouse who petitioned for your permanent residency. If you obtained permanent residency another way, you may be able to naturalize if you have been a permanent resident for over four years and nine months.

There are several other important criteria to evaluate, such as whether there have been any extended trips that would interrupt the U.S. residency requirement or whether a potential applicant has had any problems with the criminal justice system. At Lima & Wyatt, you will receive expert counsel on your eligibility to file and comprehensive assistance with the application and examination process to make sure that your American dream does not get derailed at this last step of the immigration process.

We have dealt with too many cases of long-time permanent residents getting placed into deportation proceedings on account of relatively minor criminal convictions. Many put off naturalizing due to financial reasons. Others may put off applying, thinking that they will lose their home country's citizenship. The U.S. does not force you to abandon your original citizenship and most countries in the world do allow for it, so you will end up with dual nationality and have the best of both worlds.

Asylum / Humanitarian Relief

Asylum:

Asylum is an option available to certain people in the United States who fear returning to their home country because they believe they will be persecuted if they return. Asylum law is one of the most complex parts of immigration law- the US government requires considerable proof of eligibility for asylum, and applicable law and policies change frequently, forcing applicants to meet new challenges midway through their cases.

It is critically important to file a timely application. Normally means within one year of your undocumented arrival or within one year of the expiration of your lawful nonimmigrant status. A year is not a long time when you are just arriving in a new country after having had to flee an untenable situation, but we can expedite filings if necessary to maximize your likelihood of success.

A successful asylum applicant must establish that a well-founded fear of future persecution due to one or more of five specific reasons. The applicant must show that the persecutors will harm him because of his Race, Religion, Nationality, Political Opinion, or his membership in a Particular Social Group.

After having filed an asylum application, an applicant must wait 150 days before filing for a work authorization document that will allow the applicant to obtain a Social Security Card and State Driver's License or ID. Eventually, an interview will be needed at the Asylum Office for a determination to be made on the application.

If it is approved, asylum is granted and within one year, an application may be filed for permanent residency and applications may be filed to bring over certain family members. If it is not approved at the first level, the case will be referred to immigration court for an opportunity to convince the immigration judge that the Asylum Office has made a mistake. We are experienced in handling every step of this process and look forward to discussing your particular case.

T Visas:

T visas are a temporary status that enable certain victims of a severe human trafficking in persons to remain in the United States for an initial period of up to 4 years if they cooperated with law enforcement in the investigation or prosecution of human trafficking. T nonimmigrant status is also available to certain eligible family members of trafficking victims. T nonimmigrants are eligible for employment authorization and certain public benefits. T nonimmigrants who qualify may also be able to adjust their status and become lawful permanent residents (get a Green Card).

U Visas:

U visas are a temporary status that allow victims of certain serious crimes to remain in the United States if they cooperated with law enforcement in the investigation or prosecution of the crime they suffered. U visas are also available to certain family members of the principal crime victim. U nonimmigrants are eligible for employment authorization and may also be able to adjust their status and become lawful permanent residents (get a Green Card).

Violence Against Women Act (VAWA)

The family-based immigration process generally requires U.S. citizens and lawful permanent residents to file a petition for their noncitizen family members. Unfortunately, some petitioners may misuse the immigration process to further abuse their alien family members by threatening to withhold or withdraw the petition in order to control, coerce, and intimidate them.

With the passage of the Violence Against Women Act of 1994 (VAWA) and its subsequent reauthorizations, Congress provided aliens who have been abused by their U.S. citizen or lawful permanent resident relative the ability to independently petition for themselves (self-petition) for immigrant classification without the abuser’s knowledge, consent, or participation in the immigration process. This allows victims to seek both safety and independence from their abusers.

Spouses and children of U.S. citizens and lawful permanent residents, and parents of U.S. citizens who are 21 years of age or older, may file a self-petition for immigrant classification with USCIS. If USCIS approves the self-petition, VAWA self-petitioners may obtain a Green Card.

Special Immigrant Juvenile Status (SIJS)

Special Immigrant Juvenile Status (SIJS) in an option for certain children under 21 years old to obtain lawful immigration status. Children who have been abused, abandoned, or neglected by one or both of their parents, and who have sought the protection of a family or juvenile court, may be eligible for this status. Children who have been granted SIJS may later be eligible to apply for a Green Card.

Because SIJS is only available to children under 21 (or under 18 in some states), it’s important that immigrants who feel they may qualify for SIJS complete the process as soon as possible before they age out of this potential form of relief.

Consular Processing

“Consular Processing” refers to the adjudication of both non-immigrant and immigrant visas by U.S. consular officers posted abroad at U.S. Embassies and visa-processing Consulates worldwide.

In adjudicating visas, consular officers review the cases of the visa applicants’ eligibility for the visas for which they are applying, and their admissibility to the United States under the relevant portions of the Immigration and Nationality Act (INA). The extraordinary authority the INA grants to consular officers to make decisions in cases involving highly complex questions of fact and law can lead to flawed visa decisions which can be difficult to challenge without expertise.

Removal Defense

What to Expect During Removal Proceedings

When DHS charges a person with an immigration law violation, it serves the individual with a charging document called a Notice to Appear (NTA). The NTA lists the factual allegations and immigration law charges against the individual- these are the reasons that DHS is seeking to deport the person from the United States Once the NTA is filed with the Immigration Court, the Court will set a date for the individual to appear for his or her first hearing. Over the course of these removal proceedings, an immigration judge will determine if the person is eligible to remain in the United States, or if they should be deported from the country.

Proceedings can take place while the respondent is non-detained or detained. If the respondent is not detained, the case may take several years to be completed. If the respondent is detained, the case will be completed much more quickly, often within a few months. Every case is different, and the amount of time to complete the case depends on many factors.

Basic Immigration Court Hearing Information

There are two types of Immigration Court proceedings. The first type of hearing is called a “master calendar hearing.” During this preliminary hearing, the judge will ask the respondent to plead to the allegations and charge(s) contained in the NTA. The judge may allow the respondent more time to find an attorney before moving forward. After taking pleadings, if the judge finds that the respondent is “removable” (deportable) based on the allegations and charge(s) in the NTA, then the judge will ask the respondent whether or not he or she will be applying for “relief” from removal and schedule a subsequent hearing if necessary. Once all applications for relief have been filed, the judge will schedule an individual hearing.

The second type of hearing is called an “individual hearing.” If a respondent applies for a lawful status before the court, the immigration judge will schedule an individual hearing where the respondent can discuss the facts of their case and provide testimony to the court. The respondent has the opportunity to argue why he or she should be permitted to remain in the Unted States, and DHS will argue why the respondent should be deported from the U.S. The judge will hear both sides and then issue a decision. The judge may give an oral decision at the conclusion of the individual hearing, or the judge may issue a written decision at a later date depending on the availability of time and the complexity of the case.

Appeals

If the immigration judge agrees with the respondent, he or she will be permitted to remain in the United States. If the judge agrees with DHS, the respondent will be ordered removed. No matter what decision the judge makes, both sides have the right to appeal the judge’s decision to the appellate court, called the Board of Immigration Appeals (BIA). Appeals must be filed within 30 days of the judge’s decision If one side appeals the judge’s decision, the case remains open while the BIA considers the appeal. If neither side appeals after 30 days, the judge’s decision becomes final.

The Board of Immigration Appeals will review the case and issue an order either affirming the judge’s decision or returning the case to the immigration court for the judge to review their errors. Depending on the BIA’s decision, further work may be necessary to prove the elements of the respondent’s case.

If the Board of Immigration Appeals affirms the judge’s decision, respondents have the right to appeal the case to appeal again to the Court of Appeals. Philadelphia is located within the jurisdiction of the Court of Appeals for the Third Circuit.

QUALITY LEGAL REPRESENTATION FOR ALL

1425 Walnut St., Second Floor, Philadelphia, PA 19102

215-627-3350

fabian@limawyatt.com

lauren@limawyatt.com

We provide our immigration law services to anyone located anywhere, and our Criminal Defense services to clients in Pennsylvania and New Jersey.

Note - Do not park on Walnut Street before 10 A.M. or after 3 P.M. as the parking spots transforms into a rush-hour lane and you will be ticketed and towed by the Parking Authority.

Other streets in the area have similar restrictions so you may want to park in one of the nearby public garages if your appointment is at or near one of these times.