Y acub Law Office knows that you have a wide array of immigration practioners who can represent your immigration legal needs. For that reason, we are honored to have you visit the website and be part of the Yacub Law Office community.
At Yacub Law Office, we don’t specialize in one section of immigration law; we review the entire immigration statute to serve your needs. In the initial consultation, a client may inquire about filing an asylum or application and with the expertise of the office, it is determined that the client is better served doing a business or family based petition. The strategy is discussed with the client and in conjunction with the client, paralegals and attorneys, Yacub Law Office implements the best course of action.
Although Yacub Law Office specializes in immigration, the firm has received local and national recognition for its work in removal defense, citizenship litigation and humanitarian immigration as well as asylum, family and business based petitions.
Lawful permanent residency; or as it is also known, the green card, is many of our clients’ goal.
With a green card, an immigrant can work in the United States with very few restrictions; can obtain a driver’s license; can petition family members. And in three or five years, can seek to obtain United States citizenship.
The immigration statute and the process for obtaining the green card contains four options:
- The first option is family unity. For that reason, green card holders and United States citizens are permitted to file petitions for qualifying relatives.
- The second option is matching qualified workers with United States employers. The process known as the labor certification process requires the employer to test the United States labor market and if United States workers are not available permits employers to hire and petition workers born abroad.
- The third option is diversity. And for that reason, the immigration statute contains the Diversity Visa Program. Under this program, citizens of underrepresented nations may obtain lawful permanent residency.
- The fourth option is humanitarian relief, which permits the Immigration Court or United States Citizenship and Immigration Services (USCIS) to grant an immigrant permanent residency if he or she is fleeing persecution and his or her family would suffer the requisite hardship.
These are only two examples of the numerous immigration statutes that grant immigrants humanitarian relief. The importance of hiring an experienced attorney to obtain a green card cannot be understated. The immigration statute contains provisions which would bar one class of immigrants from seeking a green card and yet for the same conduct, a second class of immigrants could obtain the green card. For example, if a United States citizen spouse petitions her husband and the husband has a marihuana conviction for more than thirty grams, the husband will be barred from obtaining the green card. Yet, if the husband files for the green card under the NACARA statute and the conviction is older than 10 years, it is unlikely that he would be barred from receiving the green card.
Yacub Law Office has the expertise to guide you through the maze of immigration law and decide the best path for you to obtain lawful permanent residency. We will work with you and discuss the process for obtaining lawful permanent residency in the United States and abroad at the consulate. We will discuss the pitfalls for each process and recommend the best option for your needs.
The provisional waiver process filed on Form I-601A became a game-changer in immigration law.
Immigrants who in the past were unsure whether to legalize their status saw a fantastic opening with the creation of the provisional waiver program. Before the enactment of the provisional waiver, immigrants who resided unlawfully in the United States for many years and left the country were barred from returning.
These bars are commonly known as the three and ten year bars. An immigrant could obtain a waiver of the three and ten year bars, but the waiver was obtained abroad at the consulate. Because immigrants did not know whether the waiver would be approved or how long it would take for the approval, many immigrants did not travel and file for the waiver. Recently, the provisional waiver was enacted. The waiver allowed immigrants to seek the waiver in the United States. If approved, the immigrant would travel to his or her home country and be interviewed for the green card.
The provisional waiver became a game changer in the field of immigration law for two reasons:
- First, immigrants wait for the approval of the waiver in the United States with their families. There is no issue of separation.
- Second, the immigrant knows whether the waiver is granted or denied before leaving the United States. If the waiver is granted, the immigrant can make plans accordingly. The same is true if it is denied. The fact that the provisional waiver is granted does not mean that a person can travel safely to the consulate and obtain lawful permanent residency.
The provisional waiver only waives the three and ten year bars. This waiver does not waive immigration fraud, alien smuggling, criminal inadmissibility grounds or other grounds of inadmissibility. For that reason, before preparing a waiver package, the attorneys discuss the possible pitfalls of filing a provisional waiver. The provisional waiver pitfalls are discussed in two separate meetings with the clients. First, they are discussed in the initial intake and second, they are discussed when preparing our clients before the trip abroad.
There is no more stressful situation for an immigrant than facing removal from the United States. Removal from the United States means that an immigrant will be apart from his or her family, business, and possible unable to return to the country he or she called home.
At Yacub Law Office, we explore your options and provide you with a detailed roadmap on how to proceed with your case. The attorneys have been on the forefront of litigating these issues and the firm is recognized for its work in crimigration.
The naturalization or citizenship process, which once simply required filing the form N-400 and attending an interview, has become fraught with danger for the immigrant.
In today’s immigration world, the United States Citizenship and Immigration Services (USCIS) examiner not only reviews the naturalization application, but also reviews the underlying immigrant or non immigrant applications. This process, if not well prepared, could devastate the immigrant.
The importance of obtaining United States citizenship cannot be underestimated. United States citizens can petition numerous family members. A United States citizen is a qualifying relative for waiver purposes. And a United States citizen can vote and participate in the democratic process in the United States.
There are typically two areas of concern, which the Yacub Law Offices reviews before filing the citizenship application. The first area of concern is whether there is a discrepancy between the residency application and the naturalization application. The discrepancies, which may seem minor, could result in the denial of the person’s citizenship or revocation of the green card.
Today, USCIS takes the position that if a person does not lists all children in the underlying visa petition, it could be fraud and grounds for denying and revoking the green card.
The second area of concern is the person’s criminal record. Yacub Law Offices will review the entire criminal record before filing an application for citizenship. Our expertise in citizenship cases is well established, as Yacub Law Office has litigated U.S. citizenship cases within the agency and in the United States District Court.
More on citizenship will be discussed periodically at the Yacub Law Offices blog, and Facebook and Facebook Live postings. However, if your citizenship has been denied or you if you have questions about citizenship, make an appointment and let’s create a clear strategy before you begin the process.
Adeep rooted commitment to human rights and the protection of refugees is the DNA of Yacub Law Office. For that reason, Yacub Law Offices is on the vanguard of asylum law litigation.
Our first major victory and expansion of refugee rights happened while Ivan Yacub was a law student and worked in conjunction with a newly minted attorney from Baltimore. The issue in that case was whether a Romanian refugee who arrived to the United States shores as a stowaway could obtain an asylum hearing in front of the Immigration Court. The regulations did not permit stowaways to challenge their deportation or exclusion in immigration court. However, it was argued successfully in a habeas corpus petition that the regulations were not consistent with the statute.
After that case, in Maryland, refugee stowaways began to have adversarial hearings in front of the Immigration Court. This was the first of many decisions which reshaped asylum law in the United States. In 2015, Tamara Jezic argued successfully that a woman who refused to permit the criminal gangs to recruit her son qualified for asylum (Hernandez Avalos v. Lynch, 784 F.3d 944 (4th Cir. 2015)).
In 2017, Yacub Law was again at the Fourth Circuit arguing a precedent setting case in asylum jurisprudence. Again, Tamara Jezic successfully argued, (Zavaleta Policiano v. Sessions, 873 F.3d 241 (4th Cir. 2017)). This time, Yacub Law Offices argued that the daughter of a businessman who was targeted by the gangs because of her familial relationship qualified for asylum. The Fourth Circuit agreed and remanded this case to the Immigration Court for the issuance of a new opinion.
Our asylum victories are a result of the office’s commitment to human rights and the rights of individuals to seek protection if they fear persecution in their countries. These principles in conjunction with hard work and zealous advocacy is what makes Yacub Law Office a distinguished firm in the field of asylum litigation.
Temporary Protected Status or TPS is an immigration benefit provided to nationals whose countries suffered a disaster. The disaster can be environmental, such as a hurricane as was the case in Honduras when it was designated for TPS, or an earthquake as it happened in El Salvador. TPS can also be granted to nationals whose countries are undergoing man made disasters such as civil war. Syria and Somalia are examples of this.
The granting of TPS bestows great benefits to the immigrant. An immigrant with TPS is permitted to work in the United States; an immigrant with TPS cannot be arrested or deported from the United States. However, TPS is a temporary benefit and it has come under attack under the Trump administration. This year, the government decided to eliminate TPS for nationals from El Salvador, affecting an estimated 250,000 immigrants and their families. In addition, the government decided to eliminate TPS for Honduras, affecting an estimated 60,000 individuals and their families. Other countries in the TPS chopping block include Haiti, Nepal, Sudan and others.
This is the time to look for permanent solutions to your immigration status, because TPS is temporary in nature. At Yacub Law Office, we review each TPS for a permanent solution. In some cases, TPS holders will be better served by filing an asylum application, in other cases, the TPS holder could receive benefits from a family or labor based petition.
The attorneys at Yacub Law Office will review the individual case and create a road map for our client. The road map will set forth reasonable expectations of the process involved. In the road map, the office will provide our client with an estimate of the attorney’s fees and immigration fees. The client will leave the office fully informed of the process and the costs.
FAMILY BASED PETITIONS
Family unification is a pillar of immigration law and statutes have been enacted for United States citizens and permanent residents to petition
What makes Yacub Law Offices unique is its willingness to litigate family based petition cases. From advising clients that same sex marriages will be recognized nationwide to advancing and pursuing the issue of whether children who obtained their green card under the Special Immigrant Juvenile Status (SIJS) program and now are United States citizen to petition for their parents, Yacub Law Office is committed to litigating and advancing the rights of immigrants nationwide.
MARRIAGE BASED PETITIONS
United States citizens or lawful permanent residents may petition for their respective spouses.
If the noncitizen is in removal proceedings when the petition is filed, it is important to submit overwhelming documentation that the marriage is valid and not entered for immigration benefits.
The standard of proof is lower if the noncitizen is not in removal proceedings. In both cases, our trained attorneys and paralegals treat each case with the importance it deserves and documents each case extensively.
It is particularly important to present a well documented case in a marriage based petition. A finding of marital fraud can be the death knell to an immigrant’s lawful stay in the United States.
The concept of filing a petition for a child, at first blush, seems straightforward.
A parent, who is a permanent resident or a United States citizen, can petition for his or her child to reside in the United States. But immigration law is tricky and this area of the law can be complex.
The statute defines who is a child, depending on whether the parents were married at the time of the child’s birth. Also, the burden for proving that a child born out of wedlock is the son or daughter of the mother, under the statute, is less burdensome than the father.
An overlooked area of law and that will get more attention are parent petitions – that is petitions filed by children who are United States citizens for their parents.
Specifically, the issue of whether children who obtained residency under SIJS program can petition for their parents once the child becomes a United States citizen is an open question. USCIS is challenging the right to for a step child to petition a parent in these circumstances. Stay tuned because Yacub Law Office will be on the forefront of this and other litigation.
BUSINESS BASED PETITIONS
Ivan Yacub understands the needs of businesses.
He created Yacub Law and the law office is constantly growing. This understanding of the needs of business places Yacub Law Office in a unique position to properly advise businesses in immigration matters.
A successful business begins with a good idea and knowledge of how to implement that idea into the marketplace. Yacub Law Office is proud to help and guide entrepreneurs in creating the innovative idea and implementing that idea.
The office works closely with immigrants whose ideas of business and innovation will generate income, employment and a better standard of living. Talk to the team about filing E-1 or E-2 visas or creating a branch or subsidiary company in the United States of your business abroad and the L-1 visa program.
Also, talk to our attorneys about the H-1B visa process and immigration solutions for your specialized workers.
The program allows businesses to test the United States labor market and if there are no qualified workers willing to work for the prevailing wage, to hire noncitizens and add them to the labor force.
Yacub Law’s attorney Patricia Garcia Fonseca works closely with businesses and immigrants and devices a human resources strategy for the business to hire noncitizens.
Ms. Garcia Fonseca creates a recruitment plan for the company, which is complaint with the PERM process, and implements it. As a result of her work, companies have had the flexibility to hire immigrants and add them to their payroll.
“As such, the Court declares as a matter of law.”
That USCIS improperly denied his application for citizenship on the ground his embezzlement conviction was a ‘theft offense,’ and therefore an aggravated felony that precludes his qualifying for citizenship. . . For the above reasons, the Court denies USCIS’s motion to dismiss or, in the alternative, a motion for summary judgment grants judgment in favor of petitioner, vacates USCIS’s decision denying petitioner’s application for citizenship, and remands this case to USCIS for proceedings consistent with this opinion.
— Penarrieta v. United States Citizenship & Immigration Services, 2012 U.S. Dist. LEXIS 10124, * 17-18 (EDVA 2012).