Immigration Law for Individuals
Our experienced immigration law department helps individuals and families with full spectrum of immigration needs.
Family based Immigration Law
Historically, the influx of immigrants to northeast Ohio fueled the area’s growth. Today immigrants continue to support the vitality of the area. Dworken & Bernstein’s family based immigration law department helps immigrants through the process of becoming a permanent United States citizen. If you or a family member need guidance at any point in the immigration process, do not hesitate to call on one of our family immigration lawyers.
Immigration services are available that cover the broad spectrum of individual needs, including:
- family-based petitions
- applications for permanent residence or “green card” status
- applications for citizenship, travel documents
- consular processing of non-immigrant visas, such as student, visitor/business visas, investor visas,
- employment-based visas, and intra-company transfers for individual employees
- filing of asylum applications
- refugee family reunification applications
- special immigrant juvenile status applications
- Deferred Action for Childhood Arrivals applications
Representation of foreign nationals who are involved in removal proceedings before the immigration court or who wish to appeal their cases to the Board of Immigration Appeals is available. We represent individuals who are detained by Immigration and Customs Enforcement. Our legal services also include the representation and assistance with interviews required by the United States Citizenship and Immigration Services for the full range of employment and family-based petitions.
Frequently Asked Questions About Family based Immigration Law
Dworken & Bernstein can advise you on issues of immigration and naturalization and can assist you in filing immigration or naturalization petitions and other documents.
How can I obtain permission to work in the United States?
A: There are many different ways for foreign nationals to work in the United States. H-2A and H-2B visas can be issued for temporary and agricultural workers. For those who have bachelor’s degrees, H-1B visas may be available for “specialty occupation” work. Foreign workers can also obtain L visas to work for an associate or affiliate office in the United States. Permission to work in the United States can also be obtained by an employer-sponsored green card application or incident to status in another visa category.
How can I get a green card?
A: There are several paths to obtain permanent residence or “green card” status in the United States. Family members who are United States citizens or permanent residents can file an immigrant petition or “I-130” so that you may be able to obtain your green card. Employers can also file immigrant petitions for sponsored employees to obtain permanent residence. Refugees and asylees may obtain green cards after a certain amount of time in the United States. Thousands of people every year obtain permanent residence through the Diversity Visa Lottery, which is offered through the Department of State. Finally, green cards can be obtained for applicants of the “EB-5” program, which grants permanent residents to investors who create new jobs.
How do I know if I qualify for the Dream Act?
A: On June 15, 2012, President Obama announced a new program for Dreamers called “Deferred Action for Childhood Arrivals” or DACA. In order to qualify for DACA, you must prove that:
1) you were under the age of 31 on June 15, 2012
2) you came to the United States before the age of 16
3) you have continuously lived in the United States since June 15, 2012
4) you were present in the United States on June 15, 2012, and at the time of applying
5) as of June 15, 2012, you had previously entered without inspection or your previous status had expired
6) you are currently in school or have graduated
7) have not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors.
How does an individual apply for United States Citizenship?
A: In order to apply for naturalization, you must:
1) be at least 18 years old
2) have your green card for at least 5 years or 3 years if married to a United States citizen
3) show that you have been physically present in the United States for at least 30 months/18 months if married to United States citizen
4) have lived in the state where you plan to apply for at least 3 months.
You will have to file Form N-400, and, along with a civics and English test, you will have to prove that you have been a person of good moral character prior to applying. If approved, citizenship is granted at an oath ceremony, and you can then apply for your United States passport.