Immigration Attorneys in Raleigh, North Carolina
Practice Areas
At Herhusky Law Office, PLLC, we're well-versed in the ever-evolving domain of immigration law. Since our establishment in 2019, we've been proud to offer a blend of technical proficiency and genuine compassion, working tirelessly to help our clients achieve their immigration goals with care and precision.
Our team, led by attorney Karina Garcia Herhusky, remains up-to-date with the latest modifications in immigration laws and regulations. This ensures that our clients receive accurate, reliable advice and guidance, tailored to their unique circumstances.
We're not just lawyers; we're advocates, dedicated to providing personal attention and compassion throughout each step of your immigration journey.
Our Services
US Immigration laws are constantly changing and having an experienced Immigration Attorney is extremely important to ensure that the correct forms, necessary information and corresponding evidence are submitted with each immigration application, to allow the immigration officers make prompt decisions. We can assist you with the following:
Removal of conditions of permanent residence
Green card filings based on spouses, parents, and children
Consular processing and I 601/I-601A hardship waiver
AAO Appeals from immigration filing denials
Why Immigration Law Matters
Immigration law is more than a set of rules; it's a determining factor in the lives of millions worldwide. It establishes who can enter a country, for how long, and under what conditions. It also helps with family reunification, employment opportunities, and shaping the economic and social fabric of a nation.
At Herhusky Law Office, PLLC, we recognize the profound impact of immigration law on individuals and communities, and for this reason, we fight for a positive situation for you.
We believe in the importance of fair and equitable immigration policies that uphold human rights while promoting diversity and inclusivity. Our commitment to these principles is evident in the tireless dedication we show to each case, ensuring that every client receives the personal attention they deserve.
Explore Immigration Options Now
Types of Immigration Status
There are several types of immigration statuses that individuals may hold when entering or residing in a country. These include Lawful Permanent Resident (Green Card holder), Temporary Visitor (Tourist, Student, or Business Visa), Asylee or Refugee, and Undocumented Immigrant. Each status comes with its own rights, privileges, and limitations.
Understanding the specifics of each status is crucial to ensure compliance with immigration laws. At Herhusky Law Office, PLLC, we provide comprehensive guidance to help our clients understand their status, its implications, and the best course of action for their unique circumstances.
Family-Based Immigration
One of the most common means of immigration to the U.S. is family-based immigration. This process appears to be very simple, as it’s based on a close family relationship with a U.S. citizen. The eligibility for family-based immigration is divided into two:
Immediate relatives:
Spouses of U.S. citizens
Unmarried children of U.S. citizens, who are under 21 years of age
Parents of U.S. citizens who are at least 21 years of age
Orphan children adopted abroad
Family preference category:
Brothers and sisters of U.S. citizens
Unmarried sons and daughters of U.S. citizens
Married sons and daughters of U.S. citizens, with their spouses and minor children
However, this process entails more than just proving the close family relationship between the immigrant and the U.S. citizen, but also, the U.S. citizen’s ability to financially sponsor the immigrant. Your immigration lawyer will help you through the process.
Special Immigrant Juvenile Status
Undocumented Immigrant Children who entered the United States under the age of 21 may be able to quaify for Special Immigrant Juvenile Status (SIJS). This is a complex process that involves several steps in order to meet the eligibility requirements.
In order to qualify for SIJS you must be:
Under the age of 21;
Be unmarried;
Be in the United States;
Have a court order issued in the U.S. that allows you to live with one of your parents, or a guardian because one or both of your parents hurt you, abandoned you, or neglected you;
In order to obtain a court order determining custody of the immigrant child, a custody complaint must be submitted in the local family court and the matter must be heard in front of a judge.
Benefits of having SIJS:
If the child is in deportation proceedings, he will now have a defense against deportation, and a way to obtaining a green card;
If the child is not in deportation proceedings, he will have a way to obtaining a green card;
After the SIJS application is submitted, the USCIS officer may request more evidence and either approve it or deny the application. If the petition is approved, the applicant will have to wait until the priority date becomes current, in order to apply for a green card, this can be done either in court, if the child is in deportation proceedings, or with USCIS if the child is not in deportation proceedings.
An immigration attorney can help throughout the process. Do not hesitate to contact our office if you believe you or someone you know may qualify for SIJS.
Conditional Permanent Residency
Conditional permanent residents who entered the U.S. on a K-1 visa or through marriage to a U.S. citizen or lawful permanent resident are given a lawful permanent residence card that is conditional and only valid for two years. This condition must be removed before the conditional residence card expires. Otherwise, the lawful permanent resident will fall out of status, which can result in serious immigration consequences.
The process of removing this condition can sound simple on its face, but those who apply must be certain to submit all the required supporting documents to support their request to remove the condition.
The applicants need to show that they continue to live together as husband and wife for the purpose of sharing their lives together. In order to prove that, the applicants have to submit an extensive amount of evidence to show that they live together as a married couple since the immigrant was issued the conditional lawful permanent residence card.
The processing time for the removal of the condition on residence is long. Applicants tend to feel that there is no need to provide a lot of evidence with their application to have the condition removed, as they know their marriage is in fact real, but the applicant’s knowledge of the legitimacy of their marriage is not enough, they still have to prove to USCIS the genuineness of the marriage.
Consulting an experienced attorney can take the guesswork out of this process.
AAO-Administrative Appeals Office
If you have received a negative decision from USCIS you may want to consider appealing to the Administrative Appeals Office (AAO). This is basically a request for a review of the decision made by USCIS to a higher authority.
When an appeal is submitted, the AAO would assess the accuracy of the interpretation of the law that was applied to the USCIS decision on an immigration petition or application.
The decision to submit an appeal to the AAO typically depends on the type of application submitted to USCIS and the basis for the denial received by the applicant.
It is very important to consult with an attorney to review the case and evaluate it before considering appealing it to the AAO. Depending on the case and basis for the denial, an appeal may not be the best way to combat the denial.
Motion to Reopen or Motion to Reconsider
There are some immigration applications that once USCIS has denied them, the applicant cannot refile them again and the only remedy or way to obtain a different result is to submit a motion to reopen the USCIS previously made decision on the case.
USCIS has a filing fee for a motion to reopen, thus it’s important that your motion is filed correctly and with all the necessary evidence and information that was not previously submitted with your application.
Do not risk getting another denial, call our office to schedule an appointment with our attorney, so that you can discuss your options.
The Path to Citizenship
The journey to becoming a U.S. citizen involves obtaining lawful permanent residency (Green Card) and meeting the eligibility requirements for naturalization. Naturalization is the process by which a lawful permanent resident becomes a U.S. citizen.
To be eligible for naturalization, an individual must meet certain criteria, including residency requirements, good moral character, and knowledge of the English language and U.S. civics. Our immigration attorneys can assist you in understanding the requirements for naturalization and guide you through the process to achieve your goal of becoming a U.S. citizen.
Dealing With Deportation
Deportation, or removal, is the forced expulsion of an individual from a country due to immigration violations or criminal activities. Deportation proceedings can result in the loss of immigration status and separation from family and community.
If you or a loved one is facing deportation or removal proceedings, it's crucial to seek the assistance of an experienced immigration lawyer. Our attorneys have a profound understanding of deportation laws and can provide effective defense strategies to protect your rights and fight against deportation.
How an Immigration Lawyer Can Help
Dealing with issues surrounding immigration law can be challenging, but you don't have to do it alone. An immigration lawyer plays a vital role in protecting your rights and interests. At Herhusky Law Office, PLLC, we're committed to providing personalized attention, compassionate service, and dedicated representation to each client.
Some specific ways that your immigration lawyer can help include the following:
Assessing your eligibility for different immigration statuses and determining the best course of action for your unique circumstances.
Navigating the complex and ever-changing landscape of immigration laws, ensuring that all necessary forms are completed accurately and submitted with the appropriate supporting evidence.
Representing you in court or before USCIS to advocate for the best possible outcome in your case.
Providing guidance and support throughout the entire immigration process, answering any questions or concerns you may have along the way.
Whether you're seeking help with visa applications, Green Card processes, naturalization requirements, or deportation defenses, we're here to help. We offer free consultations and are proud to be a female-led, bilingual law firm serving Raleigh, North Carolina, and surrounding areas. Trust us to guide you through your immigration journey with confidence and compassion.
Immigration Attorneys in Raleigh, North California
At Herhusky Law Office, PLLC, we understand that each case is unique and requires a personalized approach. We're dedicated to fighting for your rights and helping you achieve your immigration goals. Contact us today to schedule a consultation with one of our experienced immigration attorneys.