Eagan Immigration handles a wide range of immigration cases.

We handle humanitarian cases, such as asylum for individuals who are afraid to return to their home country, U visas for victims of crime in the United States, T visas for victims of trafficking, and VAWA for victims of domestic abuse. We also represent clients in removal proceedings, working with them to fight their deportation.  We work with businesses and individual professionals to obtain employment-based visas. We also prepare applications for permanent residence, naturalization, and citizenship.

Eagan Immigration has considerable experience working with individuals who have complex criminal and immigration histories, and we enjoy finding creative solutions in difficult cases.

Victims of Crime or Abuse

There are several forms of immigration relief for foreign nationals who become victims of domestic violence, child abuse, human trafficking, and certain other crimes. Determining which of these categories is the best match for your situation can be difficult and emotional. Some people may qualify for more than one category, and some people should consider alternate routes to safety and citizenship. Eagan Immigration can help navigate you through this process and determine the best options for your case.

U Visa Petitions
U visas are available for victims of crimes in the United States who have suffered substantial mental or physical abuse and are willing to assist in the investigation or prosecution of the criminal activity. U visas are valid for four years and the U visa holder may be able to apply for permanent residence after three years.

T Visa Petitions
T visas are available for victims of human trafficking, whether for labor or sex purposes. An individual may be eligible for a T visa if he or she was the victim of trafficking, is currently in the United States due to trafficking, complied or complies with any reasonable request from a law enforcement agency for assistance in the investigation or prosecution of human trafficking, and demonstrates that he or she would suffer extreme hardship involving unusual and severe harm if you were removed from the United States. T-visas are valid for four years and the visa holder may be eligible to apply for permanent residence after three years.

Violence Against Women Act (VAWA) Petitions
VAWA is a means for survivors of domestic abuse (including spouses, children, and parents) to self-petition for lawful status in the United States, receive employment authorization, and access public benefits without the cooperation of the U.S. citizen or the permanent resident who is abusing them. To qualify, the applicant must be the spouse (or ex-spouse), parent, or child of a lawful permanent resident or U.S. citizen. You must also have been the victim of abuse by your U.S. citizen or lawful permanent resident spouse (or ex-spouse, parent, or child. Abuse can take many forms, including physical, sexual, emotional, and verbal abuse.

Asylum

Individuals who fear persecution in their home country may be eligible for asylum. If a person is ineligible for asylum because of criminal convictions or other bars, he or she may still be eligible for Withholding of Removal or relief under the Convention Against Torture.  If you think you may be eligible for asylum, withholding of removal, or CAT relief, please contact Eagan Immigration for assistance.

Asylum
Asylum is a form of protection for individuals in the United States who fear persecution in their home country. Persecution includes a wide range of severe harm, including physical mistreatment, detention, and serious threats. In order for an individual to be eligible for asylum, the persecution feared must be from the government, or individuals or organizations that the government is unable or unwilling to control. Additionally, the individual must be targeted for persecution because of his or her race, religion, nationality, political opinion, or membership in a particular social group. An asylum applicant must prove that he or she suffered persecution in the past or that he or she has a well-founded fear of future persecution.

If an individual receives a grant of asylum, the asylee may bring his or her spouse and children to join the asylee in the United States. The asylee may also apply for employment authorization, and is eligible to apply for lawful permanent residence one year after receiving asylum.

Withholding of Removal
If an individual is not eligible for asylum because of a serious criminal conviction or other bar, he or she may still be eligible for withholding of removal. Withholding of removal is similar to asylum. It offers protection to individuals who fear persecution in their home country and fall into one of the five protected categories (race, religion, nationality, political opinion, or membership in a particular social group), but requires a higher standard of proof that the individual will be persecuted if he or she returns to his or her home country. If an individual receives a grant of withholding of removal, he or she may remain in the United States until the conditions in their home country have improved and it is safe for him or her to return. If an individual is granted withholding of removal, he or she may apply for employment authorization in the United States. However, he or she may not petition for family members or apply for permanent residence.

Relief Under the Convention Against Torture (CAT)
If an individual is not eligible for asylum or withholding of removal because of a serious bar or because he or she does not fall into one of the five enumerated categories (race, religion, nationality, political opinion, or membership in a particular social group), the individual may still be eligible for relief under the Convention Against Torture (CAT). CAT relief is available to those individuals who show that there are substantial grounds for believing that he or she would be subjected to torture upon return to his or her home country. There are no bars to CAT relief. If an individual receives CAT relief, he or she may remain in the United States until conditions change such that it is safe for the individual to return to his or her home country. The standard for change is lower with CAT grants, so the likelihood of the individual being returned to their home country is higher. Like withholding of removal, individuals may request employment authorization, but they may not petition for family members or apply for permanent residence.

Special Immigrant Juvenile Status (SIJS)

An immigrant juvenile who has been abused, abandoned, or neglected may be eligible for lawful permanent resident status after obtaining classification as Special Immigrant Juvenile (SIJ). Before an application can be submitted to USCIS for Special Immigrant Juvenile Status, a state court must issue an order making specific findings of fact. Once the order is obtained, then an application can be made to USCIS, and depending on the history of the juvenile, an application can be filed either simultaneously or subsequently for adjustment to become a legal permanent resident.

Family Immigration

An individual may obtain a temporary visa, permanent residency, or citizenship through a family member who is a U.S. citizen, or in some instances, a permanent resident.


Temporary Visas for Family Members

Certain types of temporary, nonimmigrant visas allow individuals to enter the United States as fiancees or while their immigrant visa applications are pending.  The different types of temporary family visas are listed below:

  • K-1, K-2, K-3, K-4, for fiancees and spouses of U.S. citizens, and their dependent children
  • V-1, V-2, V-3, spouse or child of lawful permanent resident with petition pending more than 3 years, subject to certain limitations


Permanent Residence

The immediate relative spouse, parent, or child of a U.S. citizen are immediately eligible to apply for permanent residence.  Once immigrant visas are available in the appropriate family preference category, the adult sons and daughters (married or unmarried) and the brothers and sisters of a U.S. citizen and the spouse, child, and unmarried adult sons and daughters of a permanent resident who have approved immigrant petitions or who are derivative beneficiaries are eligible to apply for permanent residence. There are two main ways a person can apply to become a permanent resident:

Consular Processing
If the intending immigrant resides outside the United States or entered the United States without inspection, that person will likely have to obtain an immigrant visa through consular processing outside the United States.  This means that the intending immigrant will attend their visa interview at the U.S. consulate in their home country or a designated U.S. consulate near their home country.  After receiving an immigrant visa, the intending immigrant will then be allowed to enter (or reenter) the United States.  Upon doing so, he or she will become a permanent resident and a “green card” will be mailed to his or her new home in the United States.

Adjustment of Status
If the intending immigrant is already legally in the United States or entered the United States with a visa or other entry permit, that person may “adjust” his or her status from within the United States.  The intending immigrant will submit the adjustment of status application and all paperwork in the United States and will attend his or her interview at the local office of the U.S. Citizenship and Immigration Services (USCIS) closest to his or her residence.  After permanent residency has been approved, the “green card” will be mailed to the person’s home.

Citizenship
Under the Child Citizenship Act, the minor (under the age of 18) children of U.S. citizens can skip permanent residency and automatically become U.S. citizens.  The parent must apply for permanent residency for his or her child.  When the application is approved while the child is still under 18 and present in the United States, the child automatically becomes a U.S. citizen.  This applies to adopted children, as well, so long as the two-year legal and physical custody requirements have been met.

If you think that you or a family member may be eligible for a temporary family visa, permanent residency, or citizenship based on a family petition, please do not hesitate to please contact Eagan Immigration for assistance.  Our attorney will meet with you to determine the best option for you or your family member.

Waivers of Inadmissibility

Often if a person wants to apply for a temporary visa or permanent residence, he or she may need a waiver to do so.  There are many reasons why a person might need a waiver.  For example, an individual who entered the United States without inspection but now wishes to apply for permanent residence must request a waiver of the 10-year bar that he received for being “unlawfully present” in the United States for more than a year before departing the United States to consular process.  An individual will also need a waiver if he or she has even the most minor drug-related offense.  Additionally, a person who was previously deported but now seeks to enter the United States legally may need a waiver to do so.

Non-immigrant Waiver
A person who is inadmissible to immigrate to the United States may still in many instances obtain a nonimmigrant waiver to enter the United States temporarily on a nonimmigrant visa.  If a consular officer finds the person inadmissible, the officer may not grant the visa until the nonimmigrant waiver has been approved.  The nonimmigrant waiver process is slightly simpler than the waiver process for permanent residence applicants.

Permanent Residence
A person may be inadmissible for permanent residence for a number of reasons, including overstaying a visa, being convicted of certain crimes, entering the United States illegally, and being previously deported. If a person is inadmissible, his or her application for permanent residence will be denied. However, many of these causes of inadmissibility may be “forgiven” through the waiver process. Obtaining a waiver in a permanent residence case is more complicated than a waiver for a temporary visa. In order to receive a waiver, the intending immigrant must show extreme hardship to a qualifying relative, such as a U.S. citizen or permanent resident spouse or parent, if the intending immigrant will have to remain outside the United States. If you believe you may be eligible for a waiver, please contact Eagan Immigration.

Citizenship & Naturalization

A person can become a citizen of the United States either by birth or adoption or through naturalization. If any of your parents or grandparents was a U.S. citizen, you may be, too. Children may become citizens in certain instances when their parents become citizens. Find out if you already are or may be eligible to become a U.S. citizen. If you think you may be a U.S. citizen or you may be eligible to apply for naturalization, contact Eagan Immigration. We can help!

Citizenship
A person who is born in the United States, in most cases, is automatically a citizen of the United States. Additionally, a person who is born abroad to a U.S. citizen parent may also automatically be a citizen of the United States. However, in order to show that a person born abroad is a U.S. citizen, he or she must meet multiple requirements. Moreover, the law that applies to citizenship for individuals born abroad has changed many times, and the law that was in effect at the time the person was born applies to his or her case. For a careful analysis to determine if you or someone you know may have acquired U.S. citizenship through parents, contact our office. Our attorney can help determine the law that applies to you.

Naturalization
Naturalization occurs when a person voluntarily applies to become a U.S. citizen. In order to naturalize, a person must be a permanent resident who has lived in the United States for a set period of time (usually three to five years). The individual must also pass an English test and a civics test. Special rules apply to elderly individuals and members of the U.S. Military. If you are a permanent resident and you are interested in becoming a U.S. citizen, please contact our office.

Child Citizenship Act
Under the Child Citizenship Act, the minor (under the age of 18) children of U.S. citizens can skip permanent residency and automatically become U.S. citizens. The parent must apply for permanent residence for his or her child. When the application is approved while the child is still under 18 and present in the United States, the child automatically becomes a U.S. citizen.  This applies to adopted children, as well, so long as the two-year legal and physical custody requirements have been met.  Even if the individual is over 18 now, as long as the individual met the requirements when he or she was under 18, the individual may still be a U.S. citizen. For a careful analysis to determine if the Child Citizenship Act applies to you or someone you know, please contact our office. Our attorney can help determine whether the law applies in the particular situation.

Removal Defense

Being placed in removal proceedings can be a frightening and stressful experience. Often, the person who has been placed in removal proceedings has established a home in the United States and does not want to return to his or her home country. Fortunately, there are multiple defenses to removal which may be used not only to allow the person to remain in the United States during the duration of the proceedings, but also to establish a legalized status in the United States. Please contact Eagan Immigration for further assistance.

Bond Hearings
When an individual is picked up by Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP), they are often placed in immigration detention.  If that person chooses to defend their case in removal proceedings they could remain in detention for the duration of those proceedings, which could take years.

However, in many cases the individual is eligible to be released from detention on bond.  If the individual is eligible for release on bond, he or she would pay the bond amount and be allowed to remain outside of custody for the duration of the removal proceedings.  Sometimes the person may be released on his or her “own recognizance,” which means that the individual does not have to pay a bond to be released.

If you have a family member or friend who is currently being held in immigration detention, please contact us.  Our attorney will discuss the case with you and determine whether or not your family member or friend is eligible for release.

Cancellation of Removal
Cancellation of Removal can be used to end removal proceedings against a Legal Permanent Resident, a person who is not a Legal Permanent Resident, or a victim of domestic violence or abuse.  If Cancellation of Removal is granted, the judge will allow the individual to remain in the United States and, in the case of a person who is not a Legal Permanent Resident, the judge will grant that person permanent residence.  A Cancellation of Removal case can take years to complete. During this time, the individual is eligible to receive their Employment Authorization, which will allow them to obtain a social security number, request a driver’s license, and work legally during the duration of their proceedings.

 There are various requirements that a person must meet in order to qualify for Cancellation of Removal.  Often, those requirements can be difficult to prove, depending on your situation.  If you have been placed in removal proceedings, you should consult with our attorney about the possibility of applying for Cancellation of Removal.  Our attorneys will carefully evaluate your case to determine whether you are eligible for this option.

*Cancellation of Removal is sometimes referred to as the “Ten-Year Rule”*

Asylum 
Asylum is a form of protection for individuals in the United States who fear persecution in their home country. Persecution includes a wide range of severe harm, including physical mistreatment, detention, and serious threats. In order for an individual to be eligible for asylum, the persecution feared must be from the government, or individuals or organizations that the government is unable or unwilling to control. Additionally, the individual must be targeted for persecution because of his or her race, religion, nationality, political opinion, or membership in a particular social group. An asylum applicant must prove that he or she suffered persecution in the past or that he or she has a well-founded fear of future persecution.

If an individual receives a grant of asylum, the asylee may bring his or her spouse and children to join the asylee in the United States. The asylee may also apply for employment authorization, and is eligible to apply for lawful permanent residence one year after receiving asylum.

For more information about asylum, navigate to the Asylum section.

Employment-Based Immigration

When an individual plans to work in the United States or a company plans to hire a foreign worker, there are various types of visas that may apply to the situation. Those different types fall into two main categories: Employment Visas and Business Immigration.

Employment Visas
Nonimmigrant Employment Visas are temporary visas that give an employee permission to work for a U.S. employer for a specified period of time, usually 1-3 years.  Often, these visas may be renewed for an additional period of time.  Below is a list of the different types of employment visas available:

  • E-1, E-2, treaty traders and treaty investors

  • H-1B, temporary specialty workers and professionals

  • H-2B, non-agricultural, temporary workers

  • H-3, trainees

  • H-4, dependents of temporary workers

  • L-1A, L-1B, intra-company transferees

  • O-1, O-2, O-3, persons of extraordinary ability, supporting personnel and dependents

  • P-1, P-2, P-3, P-4, athletes, entertainers, and dependents

  • Q-1, cultural exchange visitors

  • R-1, R-2, religious workers and dependents

  • TN, TD, treaty nationals and dependents (NAFTA)

Business Immigration
A person may also obtain permanent residency through business immigration.  In this case, a person may already reside and work in the United States with a temporary Employment Visa or they may enter the United States by consular processing after their employer’s immigrant petition for them is approved.  Below is a list of many types of business-related applicants who may be able to obtain permanent residency through business immigration:

  • Entrepreneurs and Immigrant Investors

  • Persons with Extraordinary Ability

  • Outstanding Professors & Researchers

  • Multinational Executives & Managers

  • Professionals With Advanced Degrees, including National Interest Waivers

  • Exceptional Ability Professionals

  • Skilled Workers and Professionals

  • Unskilled Workers

  • University Faculty Members

  • Registered Nurses & Physical Therapists

Appeals

If your petition or application is denied, an appeal or motion to reopen or reconsider the matter may be possible.  At Eagan Immigration, we have experience in preparing appeals and motions to various immigration agencies, including the Administrative Appeals Office (AAO) and the Board of Immigration Appeals (BIA).  We have also appealed cases in federal district court and in the U.S. Circuit Court of Appeal.  If you submitted an immigration petition or application that was denied or have received a removal order from an immigration judge and you are considering an appeal, please contact our office. But act quickly!  Appeals and motions must be made within a very short period of time after the decision. Our attorney will meet with you to determine if an appeal would be beneficial in your case

Tourist Visas

The most commonly issued type of nonimmigrant visa is the visitor’s visa.  A person can obtain a visitor’s visa to enter the United States for up to six months for either business purposes or pleasure.  A visitor’s visa works well for a person who lives outside the United States, but who needs to come periodically to the United States for temporary visits.  The Visa Waiver Pilot Program allows residents of some countries to enter the United States without a visa for up to three months for either business or pleasure.  If you are interested in obtaining a nonimmigrant visa for yourself, a friend, or a family member, please do not hesitate to contact Eagan Immigration for assistance. Our attorney will evaluate your case and assist you in preparing the documentation necessary to obtain a nonimmigrant visa.

Temporary Protected Status (TPS)

Temporary Protected Status (TPS) is a temporary status available to foreign nationals who are seeking refuge due to an ongoing armed conflict, extraordinary natural disaster, an epidemic, or other extraordinary temporary conditions in their home country. The Secretary of Homeland Security must designate a foreign country for TPS due to the conditions in that country. TPS status is granted for 6 to 18 months, and beneficiaries can obtain employment authorization and may be granted travel authorization. TPS is a temporary benefit that does not lead to lawful permanent resident status or confer any other immigration status.

Individuals from the following countries may be eligible for TPS:

  • El Salvador – TPS set to terminate on September 9, 2019
  • Haiti – TPS set to terminate on July 22, 2019
  • Honduras – TPS set to terminate on January 25, 2020
  • Nepal – TPS set to terminate on June 24, 2019
  • Nicaragua – TPS set to terminate on January 5, 2019
  • Somalia
  • South Sudan
  • Sudan – TPS set to terminate on November 2, 2018
  • Syria
  • Yemen

If you believe that you may be eligible for TPS or to explore your immigration options prior to the termination of your TPS status, please contact Eagan Immigration for assistance. Our attorney will review your case to determine whether or not you may be eligible for TPS.

Deferred Action for Childhood Arrivals (DACA) Renewals

Currently, the U.S. Citizenship and Immigration Service (USCIS) is only accepting DACA renewal applications for those who applied for and received DACA in the past. USCIS is not accepting initial applications for those who have never had DACA.

If you obtained DACA in the past and think you may be eligible for a DACA renewal, please contact Eagan Immigration. We can help!

Student Visas

There are many educational and exchange programs available to foreigners wishing to come to the United States.  Those programs range from study in a U.S. university to participation as an au pair in an exchange program to participation a training or internship program.  There are many different types of exchange programs available.

If you or someone you know is interested in participating in one of these exchange programs, please contact Eagan Immigration. Our attorney will look over the possible educational and exchange programs available to you, and aid you in obtaining the visa necessary for the program.

Still need help?

Call us at (202) 709-6439 for our Washington DC and Virginia offices and (425) 333-8006 for our Washington State office.