PRACTICE AREAS

Family-Based Immigration

Permanent resident status, or a green card, may be obtained in a variety of ways in the United States, including through certain family members who are U.S. citizens or lawful permanent residents. It may also be possible to obtain a green card if you are or were a relative of a U.S. citizen or permanent resident who has been abusive towards you or another family member. The process of applying for permanent resident status involves many steps, and can be complicated by your prior immigration or criminal history, among many other factors. The McCarthy Law Office can help you to determine if you are eligible to apply for a green card through your family member, and guide you through the process.

 

Removal Defense

Immigrants can be subject to removal, or deportation, from the United States for a variety of reasons, including entering the United States without inspection, overstaying a visa, or violating the criminal or immigration laws while holding lawful status. If the U.S. government is seeking to deport you or a family member, one or more of a variety of options may be available. These can include, but are not limited to:

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• Cancellation of Removal for Permanent or Non-Permanent Residents

• Adjustment of Status or Removal of Conditions

• Waivers of Inadmissibility

• Asylum or related relief

• Voluntary Departure

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Careful analysis is of utmost importance in removal cases. The McCarthy Law Office is experienced in both detained and non-detained removal cases, including bond hearings. Removal cases in Immigration Court can last months and even years, and it can be crucial to have an attorney on your side to fight for you to remain in the United States.

 

Naturalization & Citizenship

Obtaining United States citizenship is perhaps the best way for a foreign national to protect themselves against any future immigration issues. If you already have a green card, you may be eligible to apply for citizenship now. If you have a parent or even a grandparent who was born in the United States, or later became a U.S. citizen, you may already be a U.S. citizen yourself. The McCarthy Law Office can perform careful analysis to help you to determine if you are eligible to become a U.S. citizen, or if you have already acquired or derived U.S. citizenship through a family member.

 

Visas

A visa is temporary permission to remain in the United States. There are a multitude of visas available for foreign nationals. These include, but are not limited to:

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• Tourist & Business visas

• K (Fiance) visas

• U visas for victims of crime, including victims of domestic violence

• S visas for those who are witnesses or informants for the U.S. government

• T visas for victims of human trafficking

 

Some of these visas also allow the holder to later apply for permanent residency, or a green card. The regulations surrounding these visas are complicated, and for the process to go as quickly and smoothly as possible, it helps to have an attorney on your side who is experienced in dealing with the various government agencies responsible for adjudicating visa applications. Attorney Rachael McCarthy has the experience necessary to help you determine if you are eligible for any of these visas, and to guide you through the complex and detailed process.

 

Asylum

There are different levels of protection available in the United States for those who have been harmed in their home country, or who have a well-founded fear of returning to that country. These include asylum, withholding of removal, and protection under the Convention Against Torture. It is possible to apply for these protections affirmatively (for those who are not in removal proceedings), or defensively (for those who are already in removal proceedings). The procedures for filing for this protection vary greatly depending on where you are in your immigration case, and asylum is often highly time-sensitive. For this reason, it may be critical to your case to speak with an experienced immigration attorney as soon as possible. Attorney Rachael McCarthy has presented both affirmative and defensive asylum cases before a variety of asylum offices and Immigration Courts throughout the United States, and can help you to determine if you are eligible for this type of relief.

 

Waivers

Waivers can arise in many contexts for non-U.S. citizens, including those trying to come to the United States for the first time, those trying to obtain lawful status for the first time, and even those already living here as visa holders or permanent residents. There are many different and complicated reasons why a waiver might be necessary in your case. The McCarthy Law Office can conduct a thorough review of your history to determine whether you might need a waiver, and prepare and present that waiver on your behalf.

 

Deferred Action for Childhood Arrivals & Temporary Protected Status

These forms of immigration relief have been in the news frequently under the current administration. Whether you already have DACA or TPS, are considering applying, or aren’t sure whether you can renew your status, the McCarthy Law Office can conduct a thorough review of your case and help to ensure you are receiving the maximum benefits for which you are currently eligible.