Yonkers, NY Immigration Law Firms & Lawyers

Contact an attorney who can guide you in the right direction. The money spent will be well worth it if it helps you in any way whatsoever. Immigration law is Federal so any experienced Immigration Attorney can help you.

Technically, this is correct. However, Asylum Office routinely issues notices to appear regardless of your legal status. I think this is the only way for them to clear the case out their system: Asylum Office has the power to grant asylum, but only Immigration Court can deny asylum; and the only procedure allowing the agency to send a case to the Immigration Court is by instituting a removal proceeding. The judge will consider the application, and either grant asylum or deny it. If the applicant is in a lawful status, denial of asylum will not be followed by an order of removal (deportation), but the case will be decided and closed. You need to understand that making a frivolous asylum application, in itself, is a bad immigration law violation. If the Asylum Office and the Immigration Court decide that you applied for asylum without a good reason, it will be held against you in all future cases you might *ever* file. Ask an immigration attorney to evaluate your claim for asylum; if one attorney says you do not have a case, consult another; if two say so, filing the application is likely to become a step you will regret later.

In order for someone to adjust status to become a Lawful Permanent Resident (to get a "Green Card"), the filing of a Form I-130 application is merely the first step, and it is necessary to file a Form I-485 Application for Adjustment of Status, along with all other required supporting documentation, including an Affidavit of Support and documents that support the Affidavit of Support. Beyond that, if the person seeking to become a Permanent Resident entered the U.S. with a B1/B2 visitor's visa, and soon after entering commenced the I-130/I-485 application process, there is a risk that the USCIS may deem the person to have committed visa fraud when entering with the visitor's visa - since that requires an intention to remain in the U.S. only temporarily. There are very harsh consequences for visa fraud. Especially since you are less than thoroughly familiar with the application process, it would be wise for you and your mother to consult with an immigration attorney who, after learning all of the relevant information, would be able to advise about eligibility and also would be able to provide legal representation for the application process.