Immigration

Representation is offered in family immigration matters, removal proceedings, parole immigration and stays of deportation. Mr. Rosello and his staff can assist you with visas for work, study, travel or waivers involving criminal matters which many times result in clients receiving a notice to appear in immigration court. Mr. Rosello is a member of AILA “American Immigration Lawyers Association”, and as a former prosecuting attorney with the Hillsborough County State Attorney’s Office. His experience and knowledge will enable him to identify which offenses may not be serious enough to warrant deportation and/or to permit a change of status by the U.S. Citizenship and Immigration Services “USCIS”. In some cases, challenges can be made to set aside a prior conviction which may be an aggravated felony or a CIMT which would otherwise make the client’s removability more certain than if the prior offense is set aside. Even in cases where the client has obtained an expungement of his criminal record in state court , the client may still have an adverse ruling by the U.S. Citizenship and Immigration Services. There are many reasons a person may be inadmissible to the United States and the client won’t find that out until the interview. ICE is the enforcement branch of the USCIS and is charged with the responsibility of detaining and enforcing orders to removal. Many times searches by agents of the Department of Homeland Security may require a warrant for the search and fourth amendment protections were violated and the evidence wrongfully seized may be suppressed.

IMMIGRATION WAIVERS DEPEND ON WHETHER THE VISA APPLICANT SEEKS TO MOVE PERMANENTLY TO THE UNITED STATES OR TO VISIT OR WORK

An immigrant visa or non-immigrant visa request can be denied by the immigration officer for many reasons which may require months or years before the client can re-apply. Not all requests for waivers are granted by immigration officials. Waivers involve more than just filling out another form, but require the efforts of an immigration lawyer to prepare the presentation package along with original documentation which will increase your chances of approval. Mr. Rosello will prepare the client for the interview.

  • Adjustment of status
  • Deportation Defense
  • Removal proceedings
  • Visas – Student/work/travel/temporary visits/marriage
  • Citizenship
  • Naturalization
  • Non-immigrant
  • Asylum
  • Permanent residence
  • Bond hearings
  • Waivers
  • Criminal history affecting status

CITIZENSHIP IS MORE DESIRABLE THAN PERMANENT LEGAL RESIDENCE STATUS

  • U.S. Citizens can remain out of the United States without losing their right to live and work in the United States
  • Persons who are permanent legal residence can be deported but not United States Citizens
  • Permanent legal residents have to renew green cards every 10 years and pay a filing fee
  • U.S. Citizens don’t have to wait at airports to go through customs and control while permanent legal residents are sometimes subjected to secondary inspections and interviews
  • U.S. Citizens can vote in federal elections but not permanent legal residents
  • U.S. Citizens, when abroad with U.S. Passport, can secure the assistance and protection at U.S. Embassies and Consulates
  • U.S. Citizens can sponsor another immigrant immediately while permanent legal residents have to wait up to five years to sponsor a spouse

IS THE MARRIAGE A BONA FIDE MARRIAGE FOR IMMIGRATION PURPOSES

USCIS is concerned with whether the marriage is a bona fide marriage or entered into for the purposes of securing a green card. Evidence must be presented to an immigration official both before the interview and at the interview of various documents which will support the fact that the marriage was “entered into for love and affection, and not for the purposes of a green card.” The types of documents, photographs and the nature of the evidence to be submitted is varied. Preparation for the interview of both the husband and wife is critical to whether the immigration officer will accept that the union is legitimate.

AGGRAVATED FELONY CONVICTIONS / REMOVAL AND /OR INADMISSABILITLY

Section 101 ( a ) ( 43 ) are offense “whether in violation of federal or state law”
which render the non-citizen removable and /or inadmissible to the United States. In some circumstances, the non-citizen can seek eligibility for deferral of removal or a waiver under 212 (h). The waiver is not available if the non-citizen has been convicted of an “aggravated felony” or a serious drug offense. What is or is not an aggravated felony is often subject to much litigation in the immigration courts.

The waiver is available even if you have been conflicted of a crime involving moral turpitude (CIMT) except murder and or torture. A waiver is also available for conviction of a single offense of simple possession of 30 grams or less of marijuana.

The waiver can be either on the basis that the activity occurred over 15 years before the waiver is sought or on the basis of “extreme hardship”. When the non-citizen has committed a violent crime, USCIS is focusing on “extreme hardship” that removal of the non-citizen will have on certain qualifying family members. However, even if “extreme hardship” is established the USCIS or Immigration Judge has discretion. The standard of review is “whether upon review of the record as a whole, a balancing of the equities and adverse matters must be made to determine whether discretion should be favorably exercised.” If you have questions as to whether you can qualify for adjustment of status or waiver, call for an appointment.