Mr. Maher represents individual clients in all types of immigration matters, including the representation of clients in removal proceedings, assisting individuals with visa applications and helping clients prepare for interviews with both the United States Citizenship and Immigration Service (USCIS) and U.S. Consulates abroad.
Robert Maher represents clients in removal proceedings, zealously advocating for those facing deportation. If you or a loved one has been served with a Notice to Appear (Form I-862) by the Department of Homeland Security, or has been detained by U.S. Immigration and Customs Enforcement (ICE), Mr Maher can help.
If you are a United Citizen and would like to petition for a family member or fiancée, Mr Maher can assist you with your petition, help you prepare for your interview, Stokes hearing or guide you through the steps associated with Consular Processing if your family member lives overseas.
EMPLOYER-BASED & INVESTOR IMMIGRATION
There are a number of different types of visas for businesses, investors, artists, performers, medical professionals, students, researchers. Mr. Maherassists employers seeking specialized workers sponsor employees through the H-1B visa process.
Mr Maher also guides Investors seeking opportunities in the United States through the EB-5 visa. As a part of this practice, Mr. Maher helps clients plan and prepare for their lives in the United States so that the transition is a smooth one. That assistance may include advising clients of the potential estate planning consequences of moving to the United States, assisting with the purchase of a condo, co-op or home or ensuring that the client has been adequately advised of the tax consequences of immigrating to the United States.
Australians and The E-3 Visa
Mr Maher has helped Australian nationals with a work visa that is unique to them. The E-3 visa is available to Australians who have an offer of employment from a company in the United States that wishes to employ them. The visa is similar in many ways to the H-1B visa in that the employment has to be for a specialty occupation. According to USCIS’s website, in order to be a specialty occupation, the job must meet one of the following criteria:
1) A bachelor’s degree or higher or its equivalent is the minimum entry level requirement for the position;
2) The degree required is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree;
3) The employer normally requires a degree or its equivalent for the position;
4) The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s degree or higher degree.
In order for the employee to accept the position, the beneficiary must meet one of the following requirements:
1) Hold a U.S. Bachelor’s Degree or higher that is required for the position;
2) Hold a foreign degree that is equivalent to a U.S. Bachelor’s Degree required for the position;
3) Hold an unrestricted state license, or certification that authorizes you to practice the specialty occupation and be engaged in the state of intended employment;
4) Have education or training or progressively responsible experience in the specialty occupation that is the equivalent to the completion of such a degree.
The sponsoring company must also file an approved form ETA-9035, Labor Condition Certification (LCA, ) and Form I-129 "Petition for a non-Immigrant Worker" with USCIS. There are exceptions to this method of filing, however. Under certain circumstances, a prospective employee currently working or living in the United State under a status other than E-3 may be able to accept employment under the E-3 visa.
A petitioner employer may file an LCA for the prospective employee and upon approval request that the employee beneficiary apply for an E-3 visa on the Department of State's website and then follow up with the scheduling of an appointment for an interview at a consular post outside of the United States. Depending upon the circumstances, this method may allow an employer to quickly hire a prospective employee, thus saving the time and expense often required to recruit and hire an employee who is qualified under this visa.
Applying for Asylum in New York and New Jersey
Even though the Department of Homeland security reports that in 2015 there were 26,124 individuals who were granted asylum, obtaining asylum can still be a particularly difficult process. A talented asylum attorney like Robert Maher, P.C. knows how to best help individuals involved in these types of situations. In addition to obtaining the services of a talented attorney, it is often a wise idea for an individual applying for asylum to understand some important details.
Who can make an Asylum claim?
Individuals who are classified as refugees are likely to qualify for asylum. Refugees include any individual who is outside their country of residence and unable or unwilling to return to that country due to a well-founded fear of persecution. This persecution can be due to the individual’s nationality, membership in a particular social group, political opinion, race, or religion. Individuals must be aware that there are a number of reasons why asylum can be rejected including: assisting in genocide, having a record of persecuting another, being convicted of a serious crime and representing a danger to the United States, having committed a serious nonpolitical crime outside of the United States, and representing a danger to the security of the United States.
How Asylum Affects Work and Families
There are two particularly important elements that individuals applying for asylum are often curious about:
Family: Individuals are often curious as to whether an individual’s family can also be granted asylum. An individual can include their spouse and unmarried children under the age of twenty years old. If individuals do not include family in an initial asylum application, an individual can petition to bring these family members to the United states once asylum has been granted through a Form I-730, which is also called a Refugee/Asylee Relative Petition.
Employment: Individuals are eligible to work immediately after being granted asylum. Individuals might wish to obtain an Employment Authorization Document, which can help for identification purposes and also provides the holder permission from USCIS to work lawfully in the United States.
The Asylum Process
Applying for asylum is a particularly difficult process for individuals, which involves filing a Form I-589, which is also known as an Application to Extend/Change Nonimmigrant Status. The location where an individual submits the Form I-589, however, depends upon a variety of circumstances including:
1) Individuals Applying for Asylum for the First Time Who Are Not Involved in Removal Proceedings. Individuals in this type of situation should apply at the U.S. Citizenship and Immigration Service Center that has jurisdiction over the individual’s place of residence.
2) Individuals Applying for Asylum Who Were Previously Denied Asylum. For individuals who are involved in this type of situation, the individual must apply at the asylum office that has jurisdiction over the individual’s place of residence.
3) Individuals Engaged in Removal Proceedings. Individuals engaged in this type of situation should apply to the immigration court that jurisdiction over the individual’s place of residence.
4) Individuals Who Are Part of A Group or who Entered the United States Pursuant to the Visa Waiver Program. This category of individuals should apply at the U.S. Citizenship and Immigration Service Center that has jurisdiction over the individual’s place of residence.
Asylum applicants can expect to receive a decision within six months of their application. Individuals seeking asylum frequently wonder when it is essential to bring an attorney to the immigration process. It is critical to understand that while it is not required, applicants who bring a talented immigration attorney like Robert J. Maher, P.C. are much more likely to succeed with asylum applications. If you are seeking asylum, do not hesitate to contact Robert Maher Law by either contacting us online or by phone at(212) 939-7548.
Individuals seeking asylum frequently wonder when it is essential to bring an attorney to the immigration process. It is critical to understand that while it is not required, applicants who bring a talented immigration are much more likely to succeed with asylum applications. If you have questions regarding asylum or the asylum process, do not hesitate to contact Robert Maher Law by either online or by phone at(212) 939-7548.
Each circumstance is different so results will differ. Contact an experienced attorney with any questions as the above is informational only and should not be construed a legal advice.