asylum Archives

Posts

Asylum attorney NYC, Asylum attorney Queens, Asylum attorney Brooklyn, Asylum attorney Bronx, Asylum attorney Manhattan, Immigration attorney NYC, Immigration attorney Queens, Immigration attorney Brooklyn, Immigration attorney Bronx, Immigration attorney Manhattan, Divorce attorney NYC, Divorce attorney Queens, Divorce attorney Brooklyn, Divorce attorney Bronx, Divorce attorney Manhanttan, Fiance visa attorney NYC, Fiance visa attorney Queens, Fiance visa attorney Brooklyn, Fiance visa attorney Bronx, Fiance visa attorney Manhanttan, Matrimonial attorney NYC, Matrimonial attorney Queens, Matrimonial attorney Brooklyn, Matrimonial attorney Bronx, Matrimonail attorney Manhanttan,

A Guide to Understanding NY Child Custody Laws

March 15, 2023/in Blog

Going through a divorce or separation is a complex process for anyone, but it can become even more complex and emotionally challenging when children are involved. Child custody laws in New York can be difficult and confusing, especially for parents going through a divorce or separation. In this blog, we’ll explain some of the basics of child custody laws in New York. Whether you’re a parent considering filing for custody or want to learn more about the laws, this blog is a valuable resource that can help you navigate this difficult and emotional process.

Types of Child Custody in New York

Sole Custody

In New York, when a court grants sole custody, one parent is given exclusive physical and legal custody of the child. This means that the child lives with and is under the supervision of the custodial parent, who is responsible for making all major decisions regarding the child’s upbringing and welfare, such as education, medical care, and religious upbringing.

The non-custodial parent may still have the right to visitation or parenting time with the child unless there is evidence that such visitation would harm the child’s well-being. In cases with a history of domestic violence or abuse, the court may deny the non-custodial parent any access to the child.

Joint Custody

In joint custody, the parents share decision-making responsibilities regarding their children’s health, education, and welfare. This type of custody arrangement can be beneficial for children, as they can maintain strong relationships with both parents and have a stable living situation. However, it requires a significant level of cooperation and communication between the parents to work effectively.

Legal Custody

Legal custody refers to the right and responsibility of a parent or parents to make important decisions about their child’s upbringing, including education, medical care, and religious practices. In some cases, both parents may share legal custody and make decisions jointly, while in other cases, one parent may be granted sole legal custody and have the final say in these matters. The terms of legal custody are typically outlined in a parenting plan or court order, which can be modified if there is a change in circumstances that warrants a revision.

Physical Custody

Physical custody refers to the parent with whom the child primarily resides and who has the responsibility for the day-to-day care of the child. The non-custodial parent, on the other hand, has visitation rights and may have the child for certain periods according to a visitation schedule. The visitation schedule can vary depending on the specific situation and may be determined through a custody agreement or court order.

New York Custody Laws and Best Interests

The child custody laws in New York prioritize safeguarding the child’s well-being. While certain sources may suggest inadequate guidelines for granting child custody in New York, this information needs to be revised. In fact, New York’s legal precedents provide numerous guidelines and have clearly defined the concept of “best interests” in great detail. Familiarizing yourself with what factors constitute the child’s best interests can assist you in determining whether to reach a settlement or proceed with a trial. Hiring an experienced Matrimonial attorney Queens/Matrimonial attorney Brooklyn/Matrimonial attorney Bronx/Matrimonial attorney Manhattan will afford you the required knowledge to help you weigh your options right and make the best decision for you and your child.

Factors Considered in Child Custody Cases

In New York, the court will consider a variety of factors when making a child custody decision. These factors include:

The child’s wishes, if they are old enough to express a preference
Each parent’s ability to provide for the child’s basic needs, including food, clothing, and shelter
Each parent’s ability to provide a stable home environment for the child
Each parent’s willingness to encourage a relationship between the child and the other parent
The physical and mental health of each parent
Any history of domestic violence or substance abuse by either parent
The child’s relationship with each parent and any siblings
Each parent’s work schedule and availability to care for the child

The Role of a Matrimonial Attorney in Getting Custody

A matrimonial attorney, also known as a family law attorney, plays a crucial role in pursuing custody of a child in a divorce or separation case. Here are some ways in which a matrimonial attorney NYC can help in seeking custody:

Legal advice: A matrimonial attorney NYC can provide legal advice on child custody laws and regulations in your state or country. They can advise you on your legal rights and responsibilities as a parent and help you understand the legal options available.

Representation in court: If you are seeking custody of your child, a Matrimonial attorney Queens/Matrimonial attorney Brooklyn/Matrimonial attorney Bronx/Matrimonial attorney Manhattan can represent you in court. They can file the necessary paperwork, attend hearings, and argue on your behalf to persuade the court to grant you custody.

Mediation and negotiation: A matrimonial attorney NYC can also help you negotiate a custody agreement with your ex-spouse or partner. They can participate in mediation sessions to help both parties reach an agreement that is in the child’s best interests.

Child welfare investigation: In some cases, a matrimonial attorney may need to work with child welfare agencies to protect the child’s best interests. They can help facilitate communication between you and the agency and ensure the child’s needs are met.

In short, a Matrimonial attorney Queens/Matrimonial attorney Brooklyn/Matrimonial attorney Bronx/Matrimonial attorney Manhattan plays a vital role in pursuing custody of a child. They can provide legal guidance, represent you in court, and help you negotiate a custody agreement that is in the best interests of the child.

Court Final Orders

Once your child custody hearings have concluded, the court will issue its final custody orders. These orders will supersede any prior temporary or emergency orders and must be complied with unless one of the following events takes place:

Your child attains the age of 18.
Your child is granted emancipation.
Both parents reach an alternative agreement.
A parent demonstrates to the court that a significant change has occurred, necessitating a new order.

The final custody orders issued by the judge are legally binding and must be followed by both parents. Failure to comply with the court’s orders could result in legal consequences, such as fines or even loss of custody. It’s important for both parents to work together to create a positive co-parenting relationship and prioritize their child’s well-being. If either parent believes that the existing custody order is no longer in the best interest of the child, they may petition the court for a modification.

Modification of Child Custody Orders

Child custody orders can be modified if there has been a significant change in circumstances. For example, if one parent moves out of state or the child’s needs have changed significantly, the court may modify the custody order. In order to modify the custody order, a petition must be filed with the court of jurisdiction, a Matrimonial attorney Queens/Matrimonial attorney Brooklyn/Matrimonial attorney Bronx/Matrimonial attorney Manhattan can prepare and file the necessary paperwork to initiate a modification of the child custody order. A matrimonial attorney NYC can help you assess whether a modification of the child custody order is necessary or appropriate based on changes in circumstances since the original order was issued.

Enforcement of Child Custody Orders

If one parent violates a child custody order, the other parent can seek enforcement through the court. The court may order the violating parent to comply with the custody order or face legal consequences, such as fines, loss of custody, or even imprisonment.

In some cases, the court may also issue a restraining order to protect the child and the other parent from any further violations of the custody order. In addition, the court may also order supervised visitation if the court finds that the child’s safety and well-being would be better protected by having a third party present during any visitation with the violating parent. Ultimately, the court will strive to ensure that the child custody order is followed and that both parents can exercise their rights in a safe and orderly manner.

Final Note

Child custody cases in New York can be emotionally challenging for parents and children. If you’re going through a child custody dispute, it’s important to work with an experienced Matrimonial attorney Queens/Matrimonial attorney Brooklyn/Matrimonial attorney Bronx/Matrimonial attorney Manhattan who can help you navigate the legal process and protect your rights as a parent. Remember that the ultimate goal of the court is to make decisions that are in the child’s best interests, so it’s important to focus on the child’s needs throughout the custody process.

Seeking Legal Assistance from a Matrimonial Attorney NYC

Gehi & Associates is a professional law firm that can provide you with expert guidance and representation in your child custody matter. They have extensive experience in handling child custody cases and understand the emotional and legal complexities involved in such cases.

By consulting with their team of refined attorneys, you can get valuable legal advice on your rights, obligations, and options regarding child custody. They can help you navigate the legal process and ensure that your interests and those of your child are protected. Schedule a free consultation for a hassle-free child custody procedure.

DO’s and DON’Ts of Getting Divorced

March 13, 2023/in Blog

So it turns out your “I do” has transitioned into a big “I don’t”, and the altar vows are now down the drain. But before you take the plunge and officially end this binding contract, there are certain things that you should and not do to make sure the process goes smoothly.

Divorce is a complex process that can be emotionally and financially draining. While it may seem overwhelming, it’s important to approach a divorce with a clear understanding of the entire process and the obligated actions. This post will discuss some of the essential dos and don’ts of getting divorced.

What to DO During a Divorce?

DO: Hire an Experienced Divorce Attorney

One of the most important things you can do when getting divorced is to hire an experienced divorce attorney NYC. A divorce attorney can guide you through the legal process, protect your rights, and ensure your interests are represented. A good divorce attorney can help you negotiate a fair settlement or represent you in court if necessary.

When you attempt to represent yourself without legal counsel (appearing “pro se”), you put yourself at a disadvantage. This is particularly true if your spouse has acquired the services of a lawyer. Knowing the system and how court proceedings function gives someone an immense, near-unsurmountable edge. A competent lawyer will make the entire process simpler for all included.

DO: Get Familiar with the Legal Process

Although the divorce process can be emotionally draining, having a basic understanding of the legal proceedings will help you to feel more in control. Start by reading up on the topics that are likely to arise during the divorce process, such as child custody, alimony, support, and asset division. Researching these topics can help you feel less overwhelmed by the process when working through the details with your spouse.

Gain as much knowledge as possible about the divorce process. The more informed you are, the better equipped you’ll be to ask pertinent questions and the fewer shocks you’ll experience.

DO: Gather Important Documents

During the divorce process, you will need to provide documentation to support your case. This includes financial records, tax returns, bank statements, and other vital documents. Make sure to gather all necessary documentation before starting the divorce process.

DO: Keep to your Appointments

Divorce can bring out the worst in people, so try to stay composed. You may be tempted to express your anger by being late for a court hearing or not attending meetings with your spouse’s lawyer, but don’t give in to this impulse. Instead, let their behavior reflect on them, and yours reflect on you. It will be evident who is more dependable and mature based on who shows up late or misses appointments.

DO: Embrace Honesty

Being honest and upfront with everyone, especially your divorce attorney NYC, is a key element to ensuring that the process goes smoothly. It is not always easy to be reasonable and cooperative when high emotions and tempers flare, but it is essential to remain truthful in all proceedings. It is also important to talk with your divorce attorney about what to do if you don’t feel you can cooperate for a good reason.

Your divorce attorney Queens/divorce attorney Bronx/divorce attorney Brooklyn can provide you with guidance and advice about the best course of action in this situation and help you ensure that your rights are protected throughout the process. Additionally, having an attorney to help you navigate the process can be invaluable for ensuring that any agreements are fair and equitable for both parties.

DO: Keep your Children’s Best Interests in Mind

Divorce can be especially difficult for children. It’s important to keep their best interests in mind throughout the divorce process. It is generally agreed that involving kids in a divorce should be avoided. However, it may be more complex to do this; exercise caution when speaking to your children and avoid talking about the divorce. Instead, prioritize spending quality time with them and ensuring they feel supported during the difficult period.

What Not To Do During a Divorce?

DON’T: Take Matters Into Your Hands

There was a reason why the first and most important item on the “Do” list when considering divorce is to get a good divorce attorney. Don’t make that a waste of money: find an experienced attorney with a good track record of success in divorce cases. Let the lawyer you hired do their job, and don’t try to take over. A divorce attorney Queens/divorce attorney Bronx/divorce attorney Brooklyn will protect your interests and provide a buffer to help prevent unnecessary arguments and disputes. In addition, they can help you navigate the legal system and understand the issues that need to be addressed.

Divorce lawyers can also help you come to a mutually beneficial agreement with your spouse and ensure that all parties involved are treated fairly and that the terms of the legal separation are legally binding and in your favor.

DON’T: Make Decisions Based on Emotion

Divorce can be an emotional rollercoaster, and it’s easy to make rash decisions that can have long-term consequences. Making decisions based on logic is important, not emotion. Seek the advice of your divorce attorney NYC, financial advisor, and other professionals to help you navigate the process. Don’t rush into a decision without fully considering the consequences. Take the time to weigh your options, discuss them with your attorney, and make an informed decision.

DON’T: Hide Assets

It is critically important to be honest about your financial situation during a divorce, as attempting to conceal assets can have serious repercussions. Not only is hiding assets illegally, but it could also lead to legal penalties and may significantly impact the results of your divorce case. This can be especially problematic if your spouse discovers the hidden assets, as it could lead to mistrust and further complications in the process.

It is essential that both parties in the divorce are open and transparent about their financial situation, as this will help ensure a fair and equitable outcome.

DON’T: Go Against Any Court Order

It is of utmost importance to abide by the laws and rulings of the court during and after a divorce. This includes following all court orders, such as preventing an ex-spouse from seeing the children, paying child and spousal support as ordered, and honoring any no-contact order that has been issued. Failing to do so can have serious legal repercussions, including jail time, fines, and loss of custodial rights. It is essential to remember that the court’s decisions are in place to protect the safety and well-being of those involved in the divorce.

Doing so will not only help to ensure a smoother divorce process, but it will also help to ensure that the rights of everyone involved are properly respected. Speak to your divorce attorney NYC if you don’t think you can do that. You may still have to do what the court asks, but your attorney may have some other ideas.

DON’T: Enter into any Agreement without Consulting your Lawyer

Divorce proceedings can be a complex and emotionally charged time, and it is common for individuals to feel overwhelmed and make decisions without considering the legal implications. As such, it is important to consult your lawyer before making any agreements during your divorce. Your divorce attorney Queens/divorce attorney Bronx/divorce attorney Brooklyn is there to provide you with advice and guidance on the legal ramifications of any choices you make and will help ensure that whatever agreements you make are in your best interest. Making any decisions without consulting your lawyer could have serious consequences and leave you with an unfavorable outcome. Therefore, it is vital to take the time to discuss your legal options with your lawyer so that you can make informed decisions that are in your best interest.

Getting the right legal assistance

If you are contemplating a divorce or your spouse has begun the process, it is wise to consult a divorce attorney NYC and explore your legal alternatives. At Gehi and Associates, our family lawyers will be glad to provide assistance and guidance. We understand the emotional repercussions of divorce as well as the struggles that come with it.

The Law Office of Gehi & Associates with its divorce attorney Queens/divorce attorney Bronx/divorce attorney Brooklyn is here to support you if you are considering a divorce or have queries about what it could signify for your future. Our knowledgeable divorce lawyers want you to have the life that you deserve and not remain in an unsatisfying marriage because you don’t know how to begin the process. Book a consultation and discover how we can help you walk through a successful divorce process.

For more details please visit our website: https://gehilaw.com/blog

How To Make Your Asylum Case Stronger

March 1, 2023/in Blog

As you go through the asylum application process or consider applying, it’s common to feel concerned about the possibility of being granted asylum in the United States. You may be wondering how to best prepare your success case and have numerous questions running through your mind. Whether you’ve already submitted an asylum application or are contemplating it, it’s understandable to be apprehensive about the outcome.

A successful asylum process requires careful preparation, detailed documentation, solid evidence, and content about the situation in the country. It is not enough to show that the situation at home is worse. However, with the right legal support, the asylum process can be quicker and easier. This blog will provide a few strategies to enhance your chances of a successful outcome on your asylum application.

Would you like to improve the strength of your asylum case?

For starters, an individual applying for asylum must demonstrate that they meet the refugee definition as defined by the Immigration and Nationality Act (I.N.A.). According to the Act, you must prove that you cannot return to your home country because you were persecuted there or fear persecution there in the future. (See 8 U.S.C. § 1158.)

The applicant must also demonstrate that they are not disqualified from obtaining asylum as outlined in the Immigration and Nationality Act.

It is essential to carefully review the legal requirements for asylum and ensure you meet them all. This involves confirming that your application includes sufficient information about your race, nationality, ethnicity, religion, tribal and clan membership, or political affiliations and how you were (or would be) harmed or threatened due to a “protected ground.” Also include names of people and places and dates when relevant. If you cannot remember specific dates, try to include the month and the year (if you can remember them accurately). Do not try to guess any details you cannot remember.

Strategies for Improving Chances of Qualifying for Asylum

The United States has a rich heritage of granting asylum to individuals who have escaped their homelands due to persecution. Although the process can be demanding, the encouraging news is that meeting the refugee criteria and presenting a compelling argument can substantially enhance the probability of obtaining asylum. A huge plus would be commencing the application process with an experienced asylum lawyer NYC or asylum lawyer Queens.

There exist numerous methods to strengthen your asylum petition in the United States they include the following;

Have a Strong Account of your Personal Story

Crafting a credible personal narrative is essential in strengthening an asylum case. For example, some individuals have undergone torture, rape, or persecution due to their race, religion, political opinions, or affiliation with a specific social group. In contrast, others have fled their homes due to natural disasters or violence.

Your reasons for seeking refuge in another country may differ, but it’s crucial to present them convincingly. This entails providing a clear and consistent account of your identity, the reasons for leaving your home country, and the potential risks you face if you return. To achieve this, you must be able to recount your story succinctly while highlighting why you qualify for asylum.

Additionally, when describing your story, it’s critical to be as specific as possible, including dates, names, and other pertinent details. This can be challenging, particularly for those who have experienced traumatic events that may make it difficult to recall all the information accurately. Additionally, some asylum seekers may be concerned about revisiting past traumas or divulging sensitive information during their testimony. As such, it’s important to identify key points that must be shared and prepare thoroughly in advance.

Gather Evidence

Having a credible story alone is not enough; it is also essential to have documentation that supports your account of persecution. To strengthen your asylum case, you must provide evidence supporting your claim for protection. Evidence can include documents such as police reports, birth certificates, medical records, witness statements, and other relevant documents that support your case. You should also provide personal information and testimony that detail your experiences and explain why you need protection. You should gather as much evidence as possible to support your case.

Ensure that you comprehensively record the grounds for your asylum request, presenting a detailed account of why you cannot or refuse to return to your country of origin. Additionally, furnish all the available proof to substantiate your asylum application. This includes submitting documentation that confirms instances of mistreatment, oppression, or victimization you experienced due to your ethnicity, race, religion, political views, nationality, or association with a particular social faction. An asylum lawyer NYC or asylum lawyer Queens can easily help you navigate the documentation compilation in order of importance.

Get an experienced asylum lawyer in New York

If you are attempting to obtain asylum in the United States, there are numerous resources available to aid you in constructing a solid case. The most reliable method of achieving success is to consult with a qualified immigration attorney NYC or immigration attorney Queens with strong familiarity with asylum grants, who can provide assistance with every phase of the process.

Seeking the assistance of a professional immigration lawyer who’s an asylum application expert can help ensure that your case is presented in the best possible way. An asylum lawyer NYC or asylum lawyer Queens can help you to understand the asylum process, advice you on the evidence required to support your case, and help you to prepare your application.

We at Gehi and Associates have over 30 years of legal experience in immigration services, with a close to 96% approval rate.

Keep Copies of All Documentation

Throughout the asylum process, you should keep copies of all documentation related to your case. This includes copies of your application, evidence, correspondence with immigration officials, and any other relevant documents. Keeping copies of all documentation will help you track your case’s progress and ensure that you have all the necessary information to present a strong case.

Additionally, furnish all the available proof to substantiate your asylum application. Finally, provide as much evidence as possible to support the asylum claim. In other words, include documentation showing that you faced persecution in your home country or have already been harmed because of your race, religion, nationality, political opinion, or membership in a particular social group. This includes submitting documentation that confirms instances of mistreatment, oppression, or victimization you experienced due to your ethnicity, race, religion, political views, nationality, or association with a particular social faction. To be safe, consulting with an asylum lawyer NYC or asylum lawyer Queens will save you a lot of hassle with compiling the relevant documentation.

Be Honest

One of the most important aspects of making your asylum case stronger is, to be honest. Your case will be evaluated based on the information you provide, and any inconsistencies or false information can undermine your case. Therefore, be truthful about your experiences and provide accurate information about your background, circumstances, and reasons for seeking asylum.

Discretionary Factors Asylum Officers and Immigration Judges Consider When Deciding an Asylum Case

When deciding an asylum case, asylum officers and Immigration Judges in the United States may take into account discretionary factors, in addition to the factors that define a “refugee” and any applicable bars to obtaining asylum. These discretionary factors may include:

Whether you used false documents to enter the U.S.
Whether you have the option to return to a safe country
Your age, health, and family ties in the U.S.
Any minor crimes you may have committed
The severity of the persecution you have experienced

If you believe that any of these discretionary factors work in your favor, be sure to mention them in your asylum application.

Getting Legal Assistance

Obtaining legal assistance can increase your chances of receiving asylum. A skilled immigration attorney NYC or asylum lawyer NYC can assist you in emphasizing the strongest aspects of your case, addressing any unfavorable information, organizing necessary paperwork and supporting evidence, preparing you for testimony, and appearing alongside you at either the Asylum Office or in Immigration Court.

Do You Qualify for The Green Card Lottery

February 28, 2023/in Blog

If you want to live and work in the United States, you can apply for a visa or green card. But if you don’t qualify for any of these options, check out the Green Card Lottery, which offers 50,000 eligible immigrants the opportunity to immigrate to the United States each year. A “winner” is randomly selected, can receive a visa, and apply for a green card.

Before you get too excited, you should know that you must also meet certain criteria to apply for the Green Card Lottery. An NYC Immigration attorney with ample experience with the process and procedure for application will leave no room for errors while an activity as minute as a free immigration consultation prior to your application can save you the headaches. Below we describe the program and walk you through each step of the process.

What is the Green Card Lottery?

The green card lottery, officially known as the Diversity Visa program, is a program that allows people from certain countries to apply for permanent residency in the United States. The program is designed to promote diversity in the United States by giving individuals from countries with low immigration rates a chance to obtain a green card.

If you receive a green card through the Diversity Visa program, you will have the right to live and work permanently in the United States. You will also be eligible to apply for US citizenship after a certain period.

Green Card Lottery Requirements

To qualify for the green card lottery, there are several requirements that an applicant must meet:

Country of eligibility: Not all countries are eligible for the Diversity Visa program. The US State Department publishes a list of eligible countries each year, and if you are a citizen of one of those countries, you may apply.

Education or work experience: To be eligible for the green card lottery, you must have either a high school diploma or its equivalent or at least two years of work experience in a qualifying occupation. As for qualifying occupations, you must have at least two years of work experience in a position that requires at least two years of prior educational training (from the past five years).

Application deadline: The green card lottery is only open for a limited time each year, usually in October and November. Applications must be submitted online during this period, and all applications must be on time.

Other eligibility requirements: Applicants must also meet other eligibility requirements, such as not having a criminal record, not having been previously deported from the United States, and not violating US immigration laws.

Which countries can’t participate in the green card lottery?

For 2023, a person born in the following countries will not be eligible to participate in the Green Card Lottery because more than 50,000 of her immigrants from each country have immigrated to the United States in the past five years. They are:

Bangladesh
Brazil
Canada
China (including Hong Kong SAR)
Colombia
Dominican Republic
El Salvador
Haiti
Honduras
India
Jamaica
Mexico
Nigeria
Pakistan
Philippines
South Korea
United Kingdom (except Northern Ireland and its dependent territories)
Venezuela
Vietnam

Exception

If you are from one of these countries, there are two exceptions to this rule, and you can still participate in the lottery.

Suppose your spouse is from a country with historically low immigration rates. In that case, that country of origin can be listed as your country of origin as long as both enter the United States together.
If your parents were not born in the country of origin of immigration, you could list the country in which your parents were born if the immigration rate to the United States is low.

How to Submit a Green Card Application

All Green Card Lottery applications must be submitted electronically by visiting the Electronic Diversity Visa (E-DV) website. Only on-time arrivals and multiple entries will be eligible for the lottery.

Upon submission, you will receive a confirmation number as soon as you apply, which should be kept safe. If you lose your confirmation number, you will not be able to check the status of your application. Applicants and persons accompanying them to the United States must include the following on their application:

Birth certificate
Photocopy of valid passport biographic data page
Court and Prison Records
Police certificates

What happens if you win the green card lottery?

Being selected for the Green Card Lottery is a reason to celebrate, but it doesn’t guarantee that you will get a visa. It’s smart to speak to an NYC immigration lawyer so you can be certain of what you need to do and when to complete each step. There are a few more steps in this process.

Submit the Visa Application

A select number of visas offered each year will be granted to eligible applicants on a first-come, first-served basis. Therefore, if you are selected in the green card lottery, please complete Form DS-260 and submit your immigrant visa application as soon as possible. All family members living with you must also complete this form.

After completing Form DS-260, print the confirmation page. Please be sure to bring it with you at the time of your interview. You will also need to upload supporting documents such as a birth certificate, police clearance certificate, and a copy of your passport’s biographical information page.

Interview Stage

The consular center will email you the time, date, and location of your interview after you submit your DS-260. Everyone included in your visa application (such as your spouse and any children you share) attend this interview.

It’s best to come to the interview with specific and compelling reasons to immigrate to the United States and a plan for you and your family when you arrive. Consular officers conduct interviews with strict time constraints (sometimes you only have 2-3 minutes) and will keep your conversation brief. Having an immigration lawyer NYC after a proper free immigration consultation will give you the knowledge to successfully scale the interview session.

Post-Interview

At the end of your interview, the consular officer will tell you how and when they will return your passport with your DV inside (meaning your visa has been approved or not).

If you’re approved

You will receive a sealed immigration package containing all the documents you need to present to US Customs upon arrival in the United States. Do not open the package. (Only customs officers can open it.) Immigrants must arrive at a US port of entry and obtain permission to enter before their visa expires.

If you’re not approved

At the end of your interview, the consular officer should provide you with a reason for the denial of the visa. If you are unsure of the reason, it is important to ask for clarification. It can be helpful to have the assistance of an experienced immigration lawyer NYC if you are denied entry to the United States or if your visa application is not approved. A lawyer can review the reasons for the denial and provide advice on what steps to take to improve your chances of success on a future visa application.

In conclusion, if you are a citizen of an eligible country, have the required education or work experience, and meet the other eligibility requirements, you may be eligible to apply for the green card lottery. However, the program is highly competitive, and receiving a green card through the Diversity Visa program is not guaranteed. If you do decide to apply, it is safe to employ the services of an immigration lawyer NYC from the onset.

Speak with an Immigration Lawyer

An immigration attorney NYC plays a critical role in the application process for individuals seeking to apply for the green card lottery in the United States. These legal professionals provide vital guidance and support to help clients navigate the complex and ever-changing landscape involved. Opting for a free immigration consultation with an immigration lawyer NYC can make all the difference.

Without the help of immigration attorneys, individuals may struggle to understand the legal requirements and procedures necessary to achieve their immigration goals. Therefore, hiring an experienced immigration attorney NYC can significantly improve the chances of a successful outcome and save time, money, and stress in the process.

At Gehi and Associates, we understand the intricacies that come with the process of applying and qualifying for a green card lottery. We are committed to providing our clients with the best possible assistance and guidance throughout the process. Our experienced NYC immigration attorneys will help you navigate the paperwork, deadlines, and regulations of the green card lottery. We will ensure that your application is complete and accurate so that you have the highest chance of success. Furthermore, we will provide you with a free immigration consultation to help you understand the process and answer any questions. Contact us today for professional consultation on how to make your green card lottery application successful.

ASYLUM SEEKER & REFUGEE: Drawing the Line of Distinction

February 24, 2023/in Blog

It is common for most people to use the terms “refugee” and “asylum seeker” interchangeably when discussing immigration in America. Although asylees and refugees have a lot of similarities, it is essential to differentiate between both statuses when applying for citizenship. If you want more information on this topic, consider consulting an Immigration Attorney in NYC. Read on or reach out to an Immigration Attorney in Bronx or Ozone Park to learn more about the difference between the two.

Let’s explore what it means to be a refugee, what it means to be an asylum seeker and the difference between the two.

What’s the Primary Difference?

According to the US Immigration and Nationality Act (INA), a refugee is

“…(A) any person who is outside any country of such person’s nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion…” (8 USC § 1101(a)(42)(A)).

A refugee is a person who has been granted international protection and is recognized as having a well-founded fear of persecution in their home country. Refugees have the right to remain in the country where they have been granted asylum and are entitled to certain rights and protections, including access to education, employment, and other essential services.

On the other hand, an asylum seeker has fled their home country and is seeking international protection but has yet to be granted refugee status. This means that they have made a request for protection from the government of the country they are in, but their claim is still being evaluated. Asylum seekers are entitled to certain rights, such as the right to a fair and efficient asylum procedure and the right to access basic services such as healthcare, education, and legal assistance.

To be granted asylee status, a person must also meet the criteria similar to the refugees’ above. The primary difference between a refugee and an asylee is that a refugee is granted refugee status while still outside the United States; an asylum seeker is granted asylee status after entering the country or while seeking admission at a port of entry.

Asylum seekers get different international protections than refugees, which means host countries typically offer very minimal assistance. Furthermore, NGOs that provide aid to refugees are usually unable to help asylum seekers because of the significant disparities in the laws and procedures related to each group. Therefore, it is pertinent to employ the services of an experienced immigration attorney Bronx/ immigration attorney Ozone park, who would give an advisory consultation on the feasible option that best matches your status.

The main difference between the two terms lies in the legal status of the individual. While an asylum seeker is still waiting for their claim to be processed, a refugee has already been granted protection and has legal rights and status in their new country.

Suppose you are a refugee or asylee seeking information on the legal process of obtaining a green card or citizenship. In that case, it is advised that you seek advice from an experienced immigration attorney Bronx/ immigration Ozone park.

Rights of a Refugee in the US

You will enjoy certain benefits if you come to the United States as a refugee. You will be given certain additional protections after you arrive as well. Such include:

Help with Resettlement: The US Office of Refugee Resettlement (ORR), in conjunction with various nonprofit agencies, assists with providing services such as locating and furnishing an apartment, getting to know the local bus and public transport routes, registering children in school, learning English, and searching for jobs, etc.
Right to Stay and Work in the US: Refugees are granted the privilege of staying in the US for an unlimited amount of time until there is no longer a threat in their home country that would cause them to fear going back. Additionally, they can submit an application for an Employment Authorization Document (EAD), which must be renewed yearly.
Easy Travel: Refugees who have been granted asylum in the United States can travel into and out of the country. (NB- It’s not advisable to travel back to the country from which you gained refugee status. If you do, then you may be found to have given up your refugee status because you apparently have no fear of persecution anymore.)
Right to Apply for a Green Card: A refugee who is hoping to gain legal permanent residence (or a green card) in the United States must wait a full calendar year before beginning the process of applying for it. You have the right to apply with the USCIS using a procedure known as “adjustment of status.” An immigration attorney Bronx or immigration attorney Ozone park handling the whole process will make the application a walk in the park.

Rights of an Asylum Seeker

An asylum seeker’s rights, in contrast to a refugee’s, are not nearly as wholesome.

The right to apply for asylum: Asylum seekers have the right to apply for protection in the US if they meet the legal criteria for asylum.
Right to basic services: An asylee has the right to a variety of basic services in the US, such as healthcare, legal representation from an experienced immigration attorney Bronx or immigration Ozone park, and other necessary resources.
The right to an interpreter: Asylum seekers who do not speak English have the right to an interpreter during interviews and court proceedings.

While it may be true that a person can successfully flee their home and evade immediate danger, arriving safely in the United States does not necessarily guarantee freedom from persecution. In recent times, clear decisions have made it clear that seeking asylum in the US due to gang or domestic violence is no longer a valid reason. As a result, families fleeing the threat of death from gangs are not granted any special protections, nor are they permitted to seek asylum in the United States.

It’s important to note that asylum seekers and refugees are vulnerable populations who have experienced trauma and hardship and require support and assistance from the international community. Therefore, providing protection and support for these individuals is a key responsibility of governments and international organizations and a reflection of our shared humanity and commitment to human rights.

In conclusion, asylum seekers and refugees are similar in seeking safety and protection, but the key difference between the two lies in their legal status. While an asylum seeker is still waiting for their claim to be processed, a refugee has already been granted protection and has legal rights and status in their new country.

Immigration Assistance for Refugees and Asylees

The annual flow report of the Department of Homeland Security indicates that refugees tend to have greater naturalization rates compared to non-refugee immigrants. If you are a refugee or asylee and require assistance in obtaining or maintaining your status, or wish to pursue citizenship or a green card, do not hesitate to seek consultation with an experienced immigration attorney Bronx/ immigration Ozone park.

MISTAKES TO AVOID DURING YOUR IMMIGRATION PROCESS

February 21, 2023/in Blog

Immigrating to a new country is an exciting adventure, but it can also be a complicated process. The immigration process involves many steps, forms, and requirements that must be met to gain entry into the United States. Unfortunately, many people make mistakes during the immigration process that can lead to delays, denials, or even deportation.

It is a common misconception that one can easily maneuver through the intricate immigration procedure without the aid of a professional. An experienced immigration lawyer can help you with every step of the process, from filling out paperwork to appearing in front of a judge. Without specialized guidance, you could commit minor errors that would endanger your success. Indeed, enlisting a lawyer near you, like an Immigration Attorney referred Boulevard Richmond Hill or Immigration Attorney referred Hill Ozone Park will ultimately save you energy and aggravation.

To help ensure your immigration process goes smoothly, here are some common immigration mistakes to avoid:

Mistake #1

Failing to understand the immigration requirements: Immigration requirements vary depending on the type of visa you are applying for, and these are subject to change over time. It’s essential to research the current immigration laws and requirements on US Citizenship Immigration Services site to avoid mistakes in your application, or better still, employ the services of an Immigration Attorney referred Boulevard Richmond Hill or Immigration Attorney referred Hill Ozone Park.

Mistake #2

Not disclosing important information: When filling out immigration forms, it’s crucial to disclose all information accurately and truthfully. Providing false or misleading information can lead to your application being denied or even result in legal consequences.

Mistake #3

Missing deadlines: Immigration applications have strict deadlines that must be met. You must complete a deadline to avoid your application being denied, which can be incredibly costly if you’ve already invested significant time and money in the process. Do your best to keep track of all the necessary paperwork and documents and make sure they are submitted in a timely manner.

Mistake #4

Failing to maintain legal status: Once you’ve obtained your visa or residency status, it’s essential to keep legal status in the country. This means renewing your visa or residency status before it expires and adhering to the laws and regulations of the country. If your immigration status is revoked while your application is in process, you may find yourself without lawful residence in the US for a certain period. It is unlawful to reside in the United States without appropriate immigration documentation, and the longer you remain in this condition, the more serious the penalties.

Mistake #5

Not preparing for the interview: Failing to prepare for an immigration interview adequately can have serious consequences. The immigration process requires an interview with an immigration officer to determine if an individual is eligible for a visa or other immigration benefits. During this interview, the officer will assess the individual’s eligibility based on their responses to the questions asked. Therefore, the individual must be prepared to answer all questions accurately and provide evidence to support their application. Another perk of having an Immigration Attorney referred Boulevard Richmond Hill or Immigration Attorney referred Hill Ozone Park on board from the start is to help out with interview preparation.

Mistake #6

Not obtaining the necessary documents: To apply for immigration, you’ll need to provide various documents including supporting documents, such as birth certificates, passports, and criminal record checks. Evidence that can be used to validate something about oneself is referred to as supporting documents. For instance, utility bills affirm one’s US address, a marriage certificate shows the marriage is legitimate, and an arrival-departure record validates legal entry into the United States. You must obtain the necessary documents or provide complete or accurate documents to ensure your application is accepted.

Mistake #7

Disregarding your immigration history: We emphasize the importance of not disregarding what has been communicated to USCIS officers previously. This could be used as evidence against you during your interview, as they may point out discrepancies between past and present applications. Therefore, consulting with an Immigration Attorney referred Boulevard Richmond Hill or Immigration Attorney referred Hill Ozone Park will take the time to review all prior applications to guarantee that everything being stated now is consistent with previous statements.

Mistake #8

Not seeking legal advice: The immigration process can be complex, and seeking legal advice from an experienced immigration lawyer can help you navigate the process more effectively. An immigration lawyer can help you understand the requirements and ensure your application is complete and accurate. Having a licensed immigration attorney by your side throughout the immigration process is highly beneficial. From the beginning, when you are preparing your application, to the end, when you take your oath as a US citizen, an experienced attorney Immigration Attorney referred Boulevard Richmond Hill or Immigration Attorney referred Hill Ozone Park can guide you through all of the paperwork and other requirements.

Why Immigration Applications Gets Denied

Immigration applications can be denied for a variety of reasons. Some common reasons for immigration application denials include the following:

Criminal Record: One of the most common reasons for immigration application denial is a criminal record. If an individual has been convicted of a serious crime or has a history of illegal activity, they may be deemed ineligible for immigration. This is because governments are generally reluctant to admit individuals who may pose a threat to national security or public safety.
Incomplete or Inaccurate information: Immigration applications can also be denied if they are incomplete or contain inaccurate information. This can include missing or incorrect documentation, failure to disclose previous travel or immigration history, or employment or financial information discrepancies.
Failure to meet immigration criteria: Immigration applications can be denied if an individual fails to meet the specific criteria for the type of visa or permit they are applying for. This could include age, education, language proficiency, or work experience requirements.
Lack of financial support: Immigration applications can also be denied if an individual is unable to demonstrate sufficient financial support. Governments generally require immigrants to demonstrate that they have the means to support themselves and any dependents without relying on public assistance.
Overstaying a previous visa: Individuals who have overstayed a previous visa or entered a country illegally may be deemed ineligible for future immigration.

In conclusion, immigrating to a new country can be a complicated process, but avoiding these common immigration mistakes can help ensure a smoother process. By understanding the requirements, providing accurate information, seeking legal advice, obtaining the necessary documents, maintaining legal status, and preparing for the interview, you can increase your chances of a successful immigration application. In addition, the journey of the whole process becomes way easier when you have an experienced immigration attorney walking you through it.

When Do You Really Need An Immigration Attorney?

February 17, 2023/in Blog

Attempting to navigate the immigration process without expert guidance is risky and could result in a rejected application. Engaging the services of an immigration lawyer boosts the chances of success. Additionally, regulations and paperwork are subject to alterations without warning, which may confuse those unfamiliar with applying.

Suppose you are within New York and its environs, and you’re looking to relocate (yourself or your family) to a new country or adjust your status in the United States. In that case, you may be considering hiring an Immigration Attorney NY, Immigration Attorney Queens, or Immigration Attorney Jamaica.

While not all immigration cases require legal representation, there are certain situations where an attorney can make a significant difference in the outcome of your case.

When Don’t You Need An Immigration Attorney?

It is worth to note that not all immigration issues require consultation with an Immigration Attorney NY, Immigration Attorney Queens or Immigration Attorney Jamaica. For example, if you merely wish to visit the United States for a vacation and are sure you will be ready to return in 90 days, you might not require any visa at all but could (if you’re from one of the countries on the list) travel on the Visa Waiver Program.

You can usually apply for a green card or immigrant visa without the assistance of an attorney. If you are proficient at completing paperwork precisely and adhering to directions, you can be eligible if you have no criminal record or negative dealings with immigration officials. But on a precautionary note, it is advised that you get an Immigration Attorney NY, Immigration Attorney Queens or Immigration Attorney Jamaica on board from the beginning to be on the safe side.

When Do You Need To Call An Immigration Attorney

Hiring an immigration lawyer well-suited to your needs can help you go through proceedings with no difficulty. The ideal lawyer should demonstrate empathy, have a comprehensive understanding of immigration law and policies, and experience troubleshooting some immigration problems.

Here are some scenarios where you should consider hiring an Immigration Attorney NY, Immigration Attorney Queens or Immigration Attorney Jamaica:

You Have a Complicated Immigration Case: If your case involves complex legal issues or you have a history of criminal convictions, an immigration attorney can help you navigate the legal system and increase your chances of success. They have the knowledge and expertise to prepare your case, gather evidence, and present a compelling argument on your behalf.
You’re Facing Deportation: If you’re at risk of being deported or placed in removal proceedings, an Immigration Attorney NY, Immigration Attorney Queens, or Immigration Attorney Jamaica can help you fight the charges and stay in the country. They can analyze your case, identify legal errors, and develop a defense strategy to help you avoid deportation.
You’re Applying For a Visa Or Green Card: The visa and green card application process can be confusing and time-consuming. An immigration attorney can help you understand the requirements and ensure that your application is complete and accurate. They can also address any issues that may arise during the application process and increase your chances of approval.
You’re Seeking Asylum: If you’re fleeing persecution in your home country and seeking asylum in the United States, an immigration attorney can help you present a strong asylum case. They can provide guidance on the legal requirements, help you gather evidence to support your claim, and represent you in court.
You’ve Been Denied a Visa Or Green Card: If your visa or green card application has been denied, an Immigration Attorney NY, Immigration Attorney Queens or Immigration Attorney Jamaica can help you appeal the decision. They can review your case, identify legal errors, and present a compelling argument.
You Are An Employer Who Wants To Sponsor An Employee For a Work Visa: With the help of an experienced immigration lawyer, you can rest assured that your employee’s work visa application will be processed efficiently and accurately as the Immigration Attorney NY, Immigration Attorney Queens or Immigration Attorney Jamaica will help to navigate the complex process involved.
You Want To Bring a Family Member To The United States: An immigration attorney can help you determine the best course of action to take for your particular situation, obtain the necessary documents, and navigate the immigration process in the most efficient and effective way. They can also help with the preparation and filing of any immigration forms, as well as provide legal advice and representation in the event of any issues or complications that may arise. With their help, you can rest assured that you are taking the necessary steps to bring your family to the United States safely and legally.
You Are Overwhelmed With Paperwork: If you find yourself needing help dealing with intricate paperwork and bureaucratic regulations, it is wise to employ the services of an attorney to guide you through the process. Having looked into the application process and realized that the number of forms and documents you must prepare could be clearer and more time-consuming to deal with on your own, getting an immigration attorney would relieve the complexity.
In conclusion, while not all immigration cases require legal representation, hiring an Immigration Attorney NYC, Immigration Attorney Queens or Immigration Attorney Jamaica can be a valuable investment in your future. They can provide guidance, support, and legal expertise that can help you achieve your immigration goals. So, if you’re facing a complicated immigration issue, it’s important to seek the advice of an experienced immigration attorney.

Final Thoughts

Immigration attorneys play a critical role in the immigration process for individuals seeking to live and work in another country. These legal professionals provide vital guidance and support to help clients navigate the complex and ever-changing landscape of immigration laws and regulations.

Without the help of immigration attorneys, individuals may struggle to understand the legal requirements and procedures necessary to achieve their immigration goals. Therefore, hiring an experienced immigration attorney can significantly improve the chances of a successful outcome and save time, money, and stress in the process.

ASYLUM BASED ON SEXUAL ORIENTATION AND GENDER IDENTITY

August 3, 2022/in Blog

Social groups have been regarded as one of the most important grounds for granting asylum, especially when they are based on unchangeable and immutable factors. Therefore several categories come under the definition of Social groups.

With reference to some of the early decisions in Matter of Toboso-Alfonso, 20 I&N Dec. 819 (B.I.A. 1990), Pitcherskaia v. INS, 118 F.3d 641 (9th Cir. 1997), and Hernandez-Montiel v. INS, 225 F.3d 1084 (9th Cir. 2000) , the courts have recognized sexual orientation to be a social group , people who identity to be homosexual and transgender with special regard.

Although in most of the scenarios, it has been noticed that most of the denials of asylum in the LGBTQ community stems from issues relating to inability to establish the alleged facts or from legal technicalities, but if any individual is to face persecution on account of their sexual orientation or gender identity, here are some of the documents one is required to provide during the hearing :

Details of the incident of harm during the asylum application and testimony: Name, Date, Facts, and Reasoning for believing the occurrence to be persecution on account of being a part of the LGBT+ community.
Evidence of membership in the LGBTQ+ community to be regarded as a member of the social group.
Information about the native country and proof of ostracization or brutality faced there by the individual owing to their gender orientation or sexuality. ( One can go through the U.S. Department of State ” Country Reports on Human Rights ” for information to support their claim. )

All of the documents, applications, and testimonials must be plausible, comprehensive, and concordant to the facts claimed to establish one’s plea firmly to the Immigration judge or officer in question. It will increase the chances of their asylum being granted.

In order to prove the LGBTQ+ identity, it is necessary to submit copies of the documents relevant to their identity and bring the originals during the hearing. Specific examples of relevant documents are :

New birth certificates with their revised gender identity or orientation.
A marriage certificate proving matrimony with someone of their preferred gender or sexual orientation.
Memberships in recognized LGBTQ+ organizations.
Sworn affidavits from people who confirm the gender identity or sexual orientation of the person.

The questions from the judge or office arising in this aspect must be appropriate, meaningful, and relevant to the concern in hand.

For more information, it is most advisable to consult with our Immigration attorneys who specialize in Asylum laws and serving the queer community. We promise to be of service to you and fulfill our duties to give you the justice you are looking for.

BASIC OVERVIEW OF WHAT THE U.S. IMMIGRATION LAW DEALS WITH

August 1, 2022/in Blog

Immigration Law in the United States is a wide arena to deal with as it encompasses various situations a person might have to encounter relating to traveling from a different country.

The most common scenarios and streams of Immigration Law are :

Visiting the country: Visitors of the United States often come due to the purposes of tourism or meeting loved ones or with medical needs or for social meetings or events.

They go through a process of proving their eligibility for the required visas and go through the application process. For this category, the visitors require a B-2 visitor visa.

For Business purposes, the visitors are required to apply for a B-1 business visa.

Employment in the U.S.: For obtaining access to employment in the United States, it is important for the employee to gain the status of a permanent resident to be able to cater to any job opportunity in any part of the country. But in cases of not qualifying for permanent resident status, they are to apply for a temporary work visa.

Green Card Acquirement: The Permanent Resident Card i.e. the Green Card is given to immigrants or parolees but it has some of the most important criteria to abide by in order to obtain permanent citizenship through this card.

It is provided mainly to highly skilled employees and employers, immediate relatives of the citizens of the U.S.A., eligible refugees and seekers of asylum, long time residents. A limited number of Green Card visas are issued and as the process is a tedious and complex one thereby only selected immigrants are eligible for it.

Naturalization: The process of Naturalization i.e. becoming a naturalized citizen is an extensive procedure with heaps of paperwork, background confirmation, interview, and testing, ending with the mandatory oath of allegiance. Naturalization comes with similar benefits as that of a natural-born citizen of the U.S. thereby this process is a popular one.

Process of Border entry: The cross-border entry rules might be a cumbersome process but the correct consultancy and the right procedure make the experience painless. The process is incorporated with the subsection of ” Border Entry Rules ” which includes all the border crossing formalities with additional border entry information. The overview mainly is applicable on
Lawful Permanent Citizens who are Green Card Holders.
Citizens from foreign countries
Citizens of Canada and Mexico
Trust Traveler programs

Visit www.gehilaw.com for more details

For Free Consultation call (718) 263-5999

718.263.5999