Immigration

When a person is placed in removal/deportation, they typically go in front of the immigration judge (IJ) to demonstrate why they should not be deported or removed, such as they are immediately eligible for a green card (through an approved petition by a citizen spouse, or other petition with a current priority date), they are entitled to some form of waiver, etc.

Dear Atty. Gurfinkel: I am out of status, but my employer filed a labor certification for me in 2006. The I-140 petition was approved, and the priority date is now current. I want to file for adjustment of status and get work authorization right away, but am being told I need to wait for an amnesty. What can’t I file for adjustment now, since my priority is already current?

To be considered eligible for a national interest waiver petition, the job must be an advanced degree (Master's position) and the benefit this teacher is providing must be national in scope.

Dear Atty. Gurfinkel: Years ago, I entered the US under a different names but have been law-abiding and paying my taxes since then.  My child, who was born in the US, will be celebrating his 21st birthday soon.  I would like my child to petition me so I can finally get a green card.  I think my case is simple and straightforward, and I don't think I need the assistance of an attorney.  Do you think there will be any problems with my case?

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Q. I live in New York and I have visited Canada several times.

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