Immigration

IMMIGRATION LAW

Kokolakis Law Firm advises clients through a range of immigration matters and provide trusted legal services pertaining to immigration. The immigration attorneys at Kokolakis Law Firm are highly experienced and handle all client matters in an efficient, cost-conscious manner. Our reputation has been built on approaching all immigration-related questions and problems with understanding and personal commitment. Our legal advice is based on each client’s personal and professional situation, and on his or her long-term goals for life and work, or retirement, in the U.S. Among the various potential visa options, generally a limited few apply to a given applicant’s situation and goals.


The immigration attorneys at Kokolakis Law Firm handle immigration issues such as EB-5 investor green cards, E-2 investor visas, work visas (L-1 visa, H-1B visa, H-1B1 visa, E-3 visa, TN visa, O-1 visa, or a P-1 visa), or a green card through employment based on a company transfer (EB-1C Multinational Manager) or extraordinary abilities (EB-1A). We also handle immigration based on marriage to a U.S. citizen or immediate family sponsorship. Strategic case planning is a vital component of legal advice so as to ensure that you and your dependents’ long-term needs are fulfilled. Our relationship with our clients is built on trust and on the understanding that their desires deserve our full attention and best effort. Schedule a consultation today to speak with Immigration Attorneys in Queens, NY and Astoria, NY.

General Information:

  • HOW DO YOU HANDLE IMMIGRATION CASES?

    First and foremost, I need to meet with our potential client and I do not necessarily want to use the word “grill”, but really dive deep into their history, their family history, really ask about their employment, not only here and how they came into the country, but their history in their country where they came from, what they did there, about their siblings, about their married life and their children. Many times I find that a client at the beginning is not used to being asked these personal questions and I need to explain to them that there is actually a purpose behind each and every question that I am asking.


    Many times just one answer that they do not deem important can be that eureka moment for me at which I would be able to help them where they never really feel that was of importance and so it is really an investigative interaction. In a gentle manner I attempt discover as much information to determine what is relevant. That is primarily the first thing that I need to do with them, to really see if there is any way that I can actually help them and if not, then I would be very straightforward and explain that to them. If there is, then I would explain to them what it is that I can do for them, what their options are under immigration law and what the pros and cons are, if any.


    The Factors Considered By The US Government In Granting Individual Immigration


    The federal Immigration and Nationality Act provides the basis for our U.S. immigration law.


    U.S. Citizenship and Immigration Services, a part of the Department of Homeland Security, is the federal agency that oversees lawful immigration to the United States. It also governs the naturalization process for those who desire to become U.S. citizens. In doing so, USCIS considers certain factors.


    In fact, there are a variety of factors and sub-factors that are considered by the U.S. Citizenship and Immigration Services (USCIS) in granting an individual immigration status.


    Our strategy session with each potential client first explores the family and employment situation with an eye towards how they would meet one of USCIS factors. For example, we wish to discover if our potential client has an immediate relative or other family member that is currently a United States citizen which is one factor considered by USCIS.


    We further explore the kinds of employment opportunities that they will have, including whether they have any exceptional skills, advanced degrees, or any employment specialty that is needed in the USA.


    Other factors considered are Capital investments in the United States and whether their skills will be able to benefit the economy and create or save jobs.


    We also inquire whether our potential client qualifies for refugee status for their fear of persecution based on race, religion, nationality, political views or membership in a particular group.


    I generally start with the family and then go into employment and then into either the capital investments or something else along those lines. The reason I do that is I try to start with the factors that are generally easiest to establish and prove and then move forward to the more complicated cases and if, for example, we do not have a family factor or employment factor that would allow us to qualify, we would then explore the capital investment aspect or other type of business visas that may be available. Not to say they are simple, they are not, they are definitely more complicated, but if we do not have any other choice, it is something that we need to explore and if we do qualify under one of the more complicated types of cases, then it would be up to the individual to decide if that would be a road that they would want to entertain and move forward with.


    What Is Deportation And How Does It Impact Someone?


    When a foreign national or alien violates immigration or even certain criminal laws they risk being removed (deported) from the USA. Generally, Noncitizens who were inadmissible at the time they entered the United States or who have violated their immigration status or foreign nationals or aliens who have committed certain criminal offenses or when they have violated laws relating to official documents or if they pose a national security risks or if Voting in violation of federal, state, or local law risk being removed or deported from the USA. The main consequence of being removed or deported is that you are forced to leave the country.


    A question often asked is if a removed alien can return to the U.S. Coming back to the U.S. after having been deported or removed is a difficult and complicated process, but is possible. Generally, if you are ordered removed or deported from the U.S., you must remain outside of the country for five, ten or twenty years depending on the case and in some cases, you may not be able to return to the U.S. at all. I have many people who would call me from outside of the country who have been deported and sometimes they were deported twenty years ago or more.


    Sometimes it is something that is not too complicated and there is a process and we are able to follow that process; we meet the criteria. But then there are other times when unfortunately I have to give them the answer that there really is nothing that I can fathom that we would be able to do to give them the opportunity where it would be worthwhile to try and enter our country.


    For more information on Immigration Cases, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (718) 444-1000 today.

  • WHAT IS ASYLUM AND HOW DOES IT WORK?

    Asylum is a protected status available to immigrants who have suffered persecution or fear of persecution because of their race, religion, political opinion, nationality or membership in a particular social group. Asylum status is similar to refugee status, but refugee status can only be obtained from outside the United States whereas asylum is only available to immigrants within the United States. An immigrant may apply for asylum even when they are in removal proceedings and oftentimes that is when it is invoked.


    The Criteria Of Qualification For Asylum Status


    Basically, we need evidence, lots of evidence. If we were dealing with the persecution based on political opinion, for example, we would need to prove that we were a part of a political group and how that group is shunned upon by the government and not just shunned upon, but hunted, beaten, killed for their beliefs and this is done by affidavits from other individuals who are also suffering from persecution. It could be done by heads of these political groups, it can be done by gathering statistics, studies, newspaper articles from that country generally and from other countries which would be depicting that, so the key thing, the key element is to gather as much evidence to support the persecution and to establish the actual fear that we have on us and on our family.


    How Does The Visa Process Work In The US?


    There are two general types of US visas available from US immigration services: immigrant visas and non-immigrant visas.


    An immigrant visa is issued to a qualified person who has an approved petition based on a family or work relationship and who wishes to live in the U.S. permanently.


    A non-immigrant visa is issued to a person who is traveling to the U.S. for a specific purpose (vacation, studies, medical treatment, business, temporary work) and who will depart the U.S. after completion of that purpose.

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