Help with status, family, work, protection and removal cases
Immigration problems rarely fit into one box. A green card case can turn on an old arrest, a visa overstay can lead to removal proceedings, and an application that has been pending for years may need a federal lawsuit to move. This part of our site explains the main immigration matters Usher Law Group handles for individuals, families and employers in New York and New Jersey, and points you to a more detailed page for each one.
Immigration law is federal, so the core rules are the same wherever you live. What changes from case to case is which agency or court is involved, what your history looks like, and which options are actually open to you. Our office is at 1600 Sheepshead Bay Road in Brooklyn, and we work with clients in English, Russian and Spanish.
Immigration matters we handle
Getting and keeping lawful status
- Green card applications: adjustment of status inside the United States, consular processing abroad, and preparation for the green card interview.
- Family-based immigration: petitions for spouses, children, parents and siblings, and removing conditions on a two-year marriage-based green card.
- Employment and investor immigration: EB-1 through EB-5 green cards, labor certification (PERM), and E-2 treaty investor visas.
- Visas: temporary and immigrant visas, extensions and changes of status, and problems caused by an overstay.
- Citizenship and naturalization: Form N-400, interview and test preparation, denials, and citizenship for children of new citizens.
Humanitarian protection
- Asylum and refugee relief for people who fear persecution in their home country. Asylum generally must be requested within one year of arrival, with limited exceptions.
- Withholding of removal, a form of protection with no one-year deadline but a higher standard of proof than asylum, and no direct path to a green card.
- VAWA self-petitions for spouses, children and parents abused by a U.S. citizen or permanent resident family member.
Removal proceedings and enforcement
- Deportation defense: representation in immigration court after a Notice to Appear, including applications for relief from removal.
- Immigration bonds: asking an immigration judge to set or lower bond for a person held by ICE, where the law allows it.
- Crimmigration: advice on the immigration consequences of arrests, pleas and convictions, coordinated with the criminal case.
Stalled applications
- Writ of mandamus: a federal court action asking a judge to order USCIS or another agency to act on an application that has been unreasonably delayed.
If you live in New Jersey, see our New Jersey immigration lawyer page.
How we approach an immigration case
- Review your full history. We look at how and when you entered, every status you have held, past applications (including any filed by a notary or preparer), travel, and any arrests or convictions. These facts decide which options exist and which carry risk.
- Explain the realistic options. Some people qualify for more than one path, and some qualify for none right now. We explain what each option requires and what could go wrong before anything is filed.
- Prepare the filing. We complete the forms, organize the evidence, and check for inconsistencies between documents, which are a common cause of Requests for Evidence and denials.
- Stay with the case. We track notices and deadlines, respond to agency requests, prepare you for interviews, and represent you in immigration court.
USCIS notices, biometrics and interviews
Most applications for green cards, citizenship and other benefits are filed with U.S. Citizenship and Immigration Services (USCIS). After you file, USCIS sends a receipt notice and later sends an appointment notice naming the location for any appointment. Biometrics (fingerprints, photo and signature) are usually taken at an Application Support Center. USCIS decides whether an interview is required in your case. If it is, the interview notice will say where and when to appear. Missing a scheduled appointment can lead to denial, so open every notice as soon as it arrives and keep copies. Official forms and case status tools are on the USCIS website.
Immigration court
Removal (deportation) cases are heard by immigration judges at the Executive Office for Immigration Review (EOIR), part of the U.S. Department of Justice. A case usually starts when the Department of Homeland Security files a Notice to Appear. Your hearing location and attendance instructions depend on the court assigned to your case. Review your hearing notice and confirm current information through EOIR. You can look up hearing dates in EOIR's Automated Case Information portal and find court addresses in the EOIR immigration court listing.
What to bring to a consultation
- Your passport(s), visas, green card, work permit and your I-94 record, if you have them
- Every notice you have received from USCIS, the immigration court, ICE or a consulate
- Copies of any immigration applications filed for you in the past, by anyone
- Birth, marriage and divorce certificates for you and the relevant family members
- Certified dispositions for any arrest, even if the case was dismissed or sealed
- A list of your entries to and departures from the United States, with approximate dates
If you are not sure which page fits your situation, contact us and describe what is happening.
Frequently asked questions
What should I do if I receive a Notice to Appear?
Read it carefully. It lists the government's factual allegations and the legal charges against you. Check whether a hearing date and court are listed, and look up your case in EOIR's Automated Case Information portal. Do not ignore it: if you miss a hearing, the judge can order you removed in your absence. Speak with an immigration lawyer as early as possible so there is time to review the charges and identify any relief you may qualify for.
How long does it take to get a green card?
There is no single answer. Timing depends on the category (for example, immediate relative, family preference or employment-based), whether a visa number is available under the State Department's Visa Bulletin, your country of birth in some categories, and USCIS workload. We review your category and priority date and explain what can and cannot be predicted in your case.
Can I get help if I do not speak English well?
Yes. Our office works with clients in English, Russian and Spanish, and we explain forms, notices and court papers in the language you are most comfortable with. Interpreter rules differ by type of interview or hearing, and the naturalization interview generally tests English unless you qualify for an exception, so we will tell you what applies to your case.
Will an old arrest affect my immigration case?
It can, even if the case was dismissed, sealed or resolved with a minor plea. Immigration law looks at the specific offense and the record of conviction, and some offenses can make a person inadmissible or removable. Bring certified dispositions for every arrest so the risk can be assessed before you file anything or travel.