"Give me your tired, your poor, Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore. Send these, the homeless, tempest-tost
to me, I lift my lamp beside the golden door!"
The United States of America is a free nation that accepts a certain amount of people to immigrate within its borders every year. This freedom to immigrate into the United States is a special privilege given to a select few. Individuals and businesses with immigration issues need competent attorneys to assist them in complying with ever increasingly complex federal immigration laws. We offer customized solutions for your international employment and family immigration needs. Our practice includes obtaining green cards (through work or family, labor certifications, extraordinary petitions or waiver of the national interest), citizenship, work visas for H-1Bs (specialty occupations); H-1C (nurses); H-2A/B (seasonal and agricultural workers); H-3 (trainee); L-1s (intracompany transferees); E-1 and E-2 (treaty trader and investor; O and P visas (extraordinary ability in one’s field and internationally recognized athletes and group entertainers); K and V visas (fiancée and immediate relative), religious workers, S, T and U visas (law enforcement) asylum applications, citizenship/naturalization, waiver application, and visa processing. Our office has expertise in the EB-5 process for those individuals thinking about making an investment in the U.S. In addition, we provide representation in deportation proceedings as well, through appeals to the BIA and Federal Courts.
How can using a US Immigration Lawyer improve your chances of success?
Immigration Lawyers in the United States work with many government agencies to help you with all of your immigration problems. Immigration lawyers can work with you on issues dealing with immigration, emigration, visas, green cards, political asylum, and other important immigration and naturalization issues. To expedite the process, every immigrant should seek counsel with an immigration attorney to facilitate residency and citizenship proceedings.
The standard immigration laws are very complex and difficult for a person to understand. An immigration lawyer will explain to you in detail all of the immigration information required that suits your case. They will translate immigration law and policy, and interpret these laws and policies to better your case.
BEFORE YOU SEE A LAWYER
A lot of immigration attorneys offer a free consultation. Before you hire an attorney, make sure you have all of your papers in order. If you have ever had any dealings with USCIS or filed a previous petition of any kind or had someone else file one on your behalf, have copies with you when you sit down with the attorney so that you can take full advantage of any free consultation available. If you do not have all your documents because, as is in most cases we see, your previous attorney did not provide copies to you, request all records USCIS has on you by making what is called a FOIA request. See below on how go about making such a request.
WHAT IS FOIA?
The Freedom of Information Act (FOIA), 5 U.S.C. § 552, provides that any person has a right to request access to immigration records, except those records exempted by the Act (e.g., classified national security, business proprietary, personal privacy, and investigative).
The Privacy Act of 1974 (PA), 5 U.S.C. § 552(a) provides legal permanent residents and U.S. citizens a right to protection of and access to records filed and retrieved by their name or personal identifier.
FOIA REQUEST FORM G-639
As required by the FOIA, all requests must be submitted in writing. Form G-639 may be used for this purpose, but is not required. A letter including the criteria below is sufficient. Requests must be for access to existing records. The FOIA/PA Program Office will not “create” records for the purpose of a FOIA or PA request. The following four steps can be found on the USCIS website.
How to Make a FOIA or PA Request
1. On your written request, include a daytime phone number so that you can be contacted. Fees in searching, copying and reviewing records may apply, see below.
2. Provide as much information as possible on the subject matter. This will help expedite the search process.
3. Verification of Identity, Guardianship, Accompanying Persons, and Amendment requests are requirements for making a request for records of a personal nature. Requests for disclosure of records on individuals, other than yourself, require consent or proof of death.
4. Mail requests for USCIS records to the National Records Center, FOIA/PA Office, P. O. Box 648010, Lee’s Summit, MO 64064-8010.
5. USCIS no longer collects Social Security Numbers in connection with FOIA or PA requests. When forwarding any documents to USCIS related to a FOIA or PA request, please ensure all Social Security Numbers are blanked out or removed.
CAN MY REQUEST BE EXPEDITED?
Expedited Processing of FOIA Requests. Generally, USCIS processes FOIA requests on a first-in/first-out basis. FOIA requests may be taken out of order and processed on an expedited basis only if USCIS determines that the request involves (1) circumstances in which the lack of expedited treatment could reasonably be expected to pose an imminent threat to someone’s life or physical safety, or (2) an urgency to inform the public about an actual or alleged federal government activity and the request is made by a person primarily engaged in disseminating information. See 6 C.F.R. 5.5(d).
Every request for expedited processing must be accompanied by a statement from the requester setting forth in detail the reasons why expedited processing is warranted. The requester must also certify that the reasons given in support of expedited processing are true and correct to the best of the requester’s knowledge and belief. Requests for expedited processing that are not properly certified will not be considered.
Within ten calendar days of receiving a request for expedited processing, USCIS will notify the requester of its decision whether to grant or deny the request. If a request for expedited treatment is granted, the FOIA request will be given priority and processed as soon as practicable. If the request for expedited processing is denied, the requester may appeal the decision. Please refer to the “Appeals of Adverse Determinations” section for further information regarding the appeal process.
WHAT IF MY REQUEST IS DENIED?
Appeals of Adverse Determinations. A requester dissatisfied with a determination by USCIS to deny a FOIA request in any respect may appeal the determination to the Department of Homeland Security, U.S. Citizenship and Immigration Services, National Records Center, FOIA/PA Appeals Office, Suite 500, 150 Space Center Loop, Lee's Summit, MO 64064-2139. Appeals must be in writing and must be received by the FOIA/PA Appeals Office within 60 days of the date of the letter denying the request. The appeal letter should clearly identify the adverse determination that is being appealed, as well as the assigned FOIA request number, if known. For expeditious handling, the appeal letter and the envelope should be marked “Freedom of Information Act Appeal.”
Requests are deemed to constitute an agreement to pay any applicable fees that may be chargeable up to $25.00 without notice. Most requests do not require any fees; however, if fees exceed $25.00, we will notify you beforehand. Do not submit fees with initial requests.