Niles Lang

Immigration Attorney

ENGLISH

PORTUGUESE

Immigration Law - Areas of Expertise

Niles Lang Main Office in Lower Manhattan

Work Permit

Permission to work is available through a variety of programs:

Adjustment of Status (the GREEN CARD procedure).
DACA or deferred Action for Childhood Arrivals.
Deferred Action after a final Order of Removal (Deportation).
Work Visa - such as the H-1B, E-1, O-1 or L-1.

The Work Permit allows the bearer to obtain a Social Security number and a Driver’s License. What it does not grant however, is the authorization to travel abroad. Rather, to obtain permission to travel abroad, one generally needs Advance Parole...

Unlawful Presence Waiver

An applicant who marries an American citizen but enters the US without either parole or a visa and was thus “inspected” is not eligible to “Adjust Status” in the United States. Instead, s/he must return to his/her home country for the green card interview.

The applicant who enters illegally accrues unlawful status upon his or her arrival. Upon accumulating 180 days of unlawful status the applicant becomes subject to time bars against admission into the United States…and will thus have to remain abroad for the duration of the bar of either three years or up to ten years – unless s/he obtains the Unlawful Presence Waiver...

Notice to Appear

Should the applicant have a Notice to Appear before the Immigration Court or EOIR on a date certain and then fail to appear at that specified location date and time an in absentia Removal Order automatically enters against him/her. This order renders the applicant ineligible for future immigration benefits or relief.

However, under certain circumstances one may make a Motion to Reopen to the original Immigration Judge and convince him or her that the applicant is meritorious of favorable consideration....The Immigration Judge may reopen the matter to continue the proceedings...

PROSECUTORIAL

Discretion

If one has been present in the United States for a long time and has a case before the EOIR /Immigration Court, it is probable that s/he qualifies for Prosecutorial Discretion.

This benefit, if granted results in the closing of one’s deportation matter.

Thus, if one is turned over to Immigration for driving without a driver’s license or some other equally minor offense or violation AND if one has several or all of the following equities, his/her case may be closed:

Some of the factors are...

PERM

Alien labor certification

If one has an “employer willing to sponsor” him/her for the green card, s/he is interested in pursuing the PERM process.

This process is a three-stage process that entails recruitment by the employer in a newspaper or professional publication together with additional recruitment requirements.

The process is designed to take six months in the first of the three stages but currently takes closer to fourteen months...

This is a very involved process and requires a highly skilled professional...

Aliens of Extraordinary Ability (EB-1)

The “King of Visas”, this visa is for the most highly qualified applicants.

It is generally considered for actors, singers, dancers, athletes, professors, researchers and executives.

Among them, only executives need not be considered famous.

If the reader or someone s/he knows has some of the following qualifications s/he may be classified as an alien of extraordinary ability and be fast tracked for a green card....