US IMMIGRATION LAW

Each day, immigrants from all over the world pursue the dream of American citizenship. Unfortunately, many immigrants lose their opportunity for U.S. citizenship because they lack proper legal representation. Immigration, citizenship and nationality are increasingly complex and dynamic areas of law. Only dedicated and specialized professionals can be expected to keep up with the demands of guiding clients through this ever changing environment.

 Ms. Tanuja Patel, Esq. focuses her practice solely on immigration matters and represents private individuals, families, businesses, universities and non-profit organizations before Immigration Judges, Board of Immigration Appeals, District Court and United States Circuit Courts. Although  Ms. Tanuja Patel, Esq. office is located in New York, she is qualified to represent all immigration clients in all U.S. deportation cases, in visa applications throughout the United States and in U.S. consular processing throughout the world.

On March 1, 2003, the Immigration and Naturalization Service (INS) became part of the United States Department of Homeland Security and its functions were divided into three bureaus of that department:

• USCIS – U.S. Citizenship and Immigration Services

• ICE – U.S. Immigration and Customs Enforcement

• CBP –U.S. Customs and Border Protection

New York immigration lawyer Ms. Tanuja Patel, Esq. possesses a thorough understanding of immigration law, and handles a variety of cases governed by USCIS including:

• Application for Permanent Residence

• Battered Spouse Petitions

• Consular Processing

• Criminal Deportation / Removal Defense

• Non-Criminal Deportation / Removal Defense

• Employment-Based Cases

• Family Based Visas

• Fiancée Visas

• H, L, E Visas

• Board of Immigration Appeals / Federal Court Litigation

• Labor Certifications

• Naturalization

• Political Asylum

• TN Visas

If you need a visa, wish to immigrate, are facing deportation or removal for any reason, or want to help bring a family member or employee to the United States, call New York immigration attorney Ms. Tanuja Patel, Esq. at 1 646 290 6449, or use the contact form provided on this site to schedule your free consultation.

Practice Areas and Legal Definitions

On March 1, 2003, the Immigration and Naturalization Services (INS) became part of the United States Department of Homeland Security and its functions were divided into three bureaus of that department - the first being U.S. Citizenship and Immigration Services (USCIS), the second U.S. Immigration and Customs Enforcement (ICE), and the third U.S. Customs and Border Protection (CBP).

Consular Processing:
If an individual is in another country, he or she may apply for a visa or green card in the U.S. embassy of his or her home country. Ms. Tanuja Patel, Esq. can facilitate all of the paperwork and applications and contact the consular officers to facilitate approval of the application due to being well versed in the procedures governing applications at consulates and embassies. Ms. Tanuja Patel, Esq. can often cure a denial by seeking a waiver, or offering proof that the visa should be granted. When necessary, she can travel to foreign embassies and consulates to directly handle problematic situations for clients.

Criminal Deportation/Removal Defense:
Since September 30, 1996, and the passage of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, the rights of aliens in the U.S. have been severely curtailed when past criminal conduct is a factor. Crimes that previously did not cause immigration consequences can now trigger deportation proceedings against an alien. Crimes as serious as murder, and as minor as shoplifting, can result in deportation.

New York immigration attorney Ms. Tanuja Patel, Esq. is constantly trying to find creative solutions to her clients' deportation problems by staying abreast of new laws and regulations in addition to federal court decisions affecting immigrants. She vigorously pursues post-conviction remedies in criminal cases to create affirmative defenses from deportation and/or removal.

Employment-Based Cases (Visas/Labor Certification):
The types of immigration work Attorney Ms. Tanuja Patel, Esq. does for employees and employers can include:

• PERM Applications

• E-1/E-2d: Treaty Country Investor Visas

• EB1: National Interest Waiver, Alien of Extraordinary Ability, Outstanding Professor or Researcher, Multinational Executive

• EB2: Member Of Profession Holding Advanced Degree or Alien of Exceptional Ability

• EB3: Skilled Worker or Professional

• EB4: Any Other Worker

• EB5: Immigrant Investor

• H-2A: Seasonal Worker Visas

• H-2B: Other Seasonal Work Visas

• L-1: Inter-Company Transferees Visas

• Family Based (Visas/Fiancée Visas):

• Ms. Tanuja Patel, Esq. has helped numerous fathers, daughters, mothers, son, fiancées and other relatives enter the United States with either an immigrant or non-immigrant visa. As an experienced family immigration lawyer, she can guide you through the many options that are available, and make certain that the paperwork is all in order so the petition is granted.

I-130 Petition:
An I-130 is a Petition for Alien Relatives and it applies to mothers, fathers, sisters, brothers and children. Parents, spouses and unmarried children under 21 years of age of U.S. Citizens are considered immediate relatives and are not placed under a quota system. The others are placed into preference order which determines who is given priority entry into the United States:

• First preference: Unmarried adult (21 years of age or older) sons/daughters of US citizens

• Second preference: Spouses of lawful permanent residents and unmarried sons and daughters of lawful permanent residents

• Third preference: Married sons and daughters of U.S. citizens

• Fourth Preference: Brothers and sisters of adult U.S. citizens

This process can take a very long time (several years) depending upon the preference ranking. The most current online visa bulletin will give those who are waiting an idea of how long they must wait for their immigration application or green card to be granted.

Fiancée Visas:
For those seeking to bring a fiancé or fiancée to the United States, a K-1 visa application will allow the fiancée to enter the United States. Both parties must be unmarried, legally divorced or annulled, or widowed and the marriage must take place within 90 days of entry into the U.S.

H, L, E, Visas:
Non-immigrant work visas (H, L, O, P, Q) require a CIS-approved petition from a U.S. sponsor. Treaty-trader or treaty-investor visas (E1/E2) can be applied directly by the individual as long as he or she is from a country with which the United States has a treaty.

The most common work-related visas are H-1B Visas and L1 Visas. The H-1B is a way to bring foreign-born professionals to the United States for a period of up to six years. A sponsor is required and the employment may only start up when the new employee is in the United States. The L1- Visa is for people working for an employer abroad for one year in a related business entity in a manager / executive or specialized knowledge staff capacity, and who will come to the United States to continue providing services for his or her employer.

Paperwork is important, but so is communication. Ms. Tanuja Patel, Esq. maintains excellent communication and regularly represents employees and employers within the following types of visa filings:

• B1 Temporary visitor for business

• B2 Temporary visitor for pleasure

• B1/B2 Temporary visitor for business or pleasure

• E1 Treaty trader, spouse and children

• E2 Treaty investor, spouse and children

• H1B (petition-based) Temporary worker in a specialty occupation

• H1C (petition-based) Registered nurses

• H2A (petition-based) Temporary worker performing agricultural services unavailable in the United States

• H2B (petition-based) Temporary worker performing non-agricultural services unavailable in the United States

• H3 (petition-based) Industrial trainee

• H4 (petition-based) Dependent of H1, H2 or H3

• L1 (petition-based) Intra-company transferee (executive, managerial, and specialized personnel continuing employment with an international firm or corporation)

• L2 (petition-based) Dependent of L1

• O1 (petition-based) Aliens with extraordinary ability in sciences, arts, education, business or athletics

• O2 (petition-based) Aliens accompanying and assisting the above in professional capacity

• O3 (petition-based) Dependent of O1 or O2

• P1 (petition-based) Athletes and entertainers for a specific competition or performance

• P2 (petition-based) Athletes, entertainers participating in reciprocal exchange program

• P3 (petition-based) Artists, entertainers performing under culturally unique program

• P4 (petition-based) Dependent of P1, P2 or P3

• Q (petition-based) International cultural exchange visitor

Political Asylum:
As of 1996, persons in the United States have one calendar year to apply for political asylum, unless the conditions of the country of persecution change or there are exceptional circumstances. Ms. Tanuja Patel, Esq. carefully examines every political asylum case to decide whether the case has merit or is frivolous. She will guide the client as to the proper course of action to enhance their claim

If you need a visa, wish to immigrate, are facing deportation or removal for any reason, or want to help bring a family member or employee to the United States, call New York immigration attorney Ms. Tanuja Patel, Esq. today at 1-646-290-6449, or use the contact form provided on this site to schedule your free consultation.

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