Virginia Immigration Lawyer

Yes, with the help of an immigration lawyer, you can file a visa application if you are already in the U.S. If you are already here, this means that you will apply for a change of immigration status, which you can do without leaving the country. For example, you may be on a temporary work visa and then become eligible for permanent residence status (a green card). You can apply for an adjustment of your status from a temporary visa to a lawful permanent resident. Not all visa types are eligible for a status change, though, so it’s important to work with an immigration lawyer so you don’t accidentally jeopardize your visa or your eligibility for a green card.

The prosecutor must prove that you are guilty beyond a reasonable doubt, so it’s likely that they will collect as much evidence as possible to do so. This can include:

• Physical evidence like DNA, weapons, drugs, or other tangible links between you and the crime
• Witness testimony from those who claim to have seen or heard the crime occur
• Written and digital documents, like records, emails, or texts that link you to the crime
• Forensic evidence like DNS, fingerprints, ballistic testing, or blood-splatter pattern evaluation
• Any legally-obtained confession you made
• Surveillance footage, dashcam footage, or other video evidence showing your involvement with the crime

Both a plea deal and a trial are legal means of resolving a criminal case. Plea deals involve negotiating an agreement with the prosecutor in which the defendant agrees to plead guilty to a lesser crime than they have been charged with, saving the state the expense and time of a trial. Usually, your case can be resolved quicker, and you are able to avoid harsher penalties or multiple charges.

A trial involves presenting evidence and an argument before a jury. The prosecutor must prove that you are guilty beyond a reasonable doubt; your criminal defense attorney develops an evidence-based argument for your innocence. If you are found guilty at trial, you likely will face a harsher penalty than you would with a plea deal.

Ideally, nothing besides acknowledging your name. You have the right to have an attorney represent you during police questioning, and it’s usually best to assert that right. You also have the right, under the 5th Amendment, to remain silent and avoid any potential self-incrimination. You do not have to answer any questions the police ask; simply remain calm and polite and ask for a criminal defense lawyer. If possible, avoid giving any details about the situation and avoid giving a confession. You may think that you can explain what happened and will be let go, but remember that anything you say can be used to convict you of a crime.

To qualify for cancellation of removal, non-permanent residents must have lived in the U.S. for at least ten years, maintained good moral character, and demonstrate that deportation would cause extreme hardship to their U.S. citizen or permanent resident relatives. Permanent residents need to show at least five years of lawful permanent residency, seven years of continuous residence in the U.S., and no aggravated felony convictions.

The criteria and application process are involved, requiring thorough documentation and legal expertise. We invite you to contact us for a personalized consultation to explore your options for cancellation of removal. Our team is ready to provide you with customized guidance and support. Reach out today to secure your future in the U.S.

A K-1 visa, or fiancé(e) visa, allows a foreign national engaged to a U.S. citizen to enter the U.S. and marry within 90 days. After marrying, the foreign spouse can apply to become a permanent resident.

A marriage-based green card is for those already married to a U.S. citizen or permanent resident, allowing the foreign spouse to immediately live and work in the U.S. as a permanent resident. The process requires proving the marriage is genuine.

Both options ultimately lead to permanent residency but under different conditions. If you have questions or need guidance on starting the application process, we’re here to help. Contact us today for a consultation.

While it’s not mandatory to hire an immigration lawyer to immigrate to the U.S., doing so can greatly benefit your case. The U.S. immigration system can be complex, and the regulations and paperwork involved are often extensive and challenging to manage on your own. An immigration lawyer can provide valuable guidance, helping to streamline the process by correctly filing documents and addressing potential issues proactively.

We’ve seen many clients benefit from the support that skilled legal representation offers, especially in cases that are less straightforward. Whether you’re dealing with family visas, employment-based visas, or more complex situations like appeals or deportation defense, having a professional by your side can make a significant difference.

If you overstay your visa in the U.S., you may face serious consequences, including the inability to reapply for a visa in the future, inadmissibility to the U.S., and potential deportation. The length of the overstay can significantly impact your immigration status; overstaying by more than 180 days may result in a three-year ban from entering the U.S., and overstaying by more than a year can lead to a ten-year ban. We advise anyone facing or concerned about overstaying to seek legal advice as soon as possible. Addressing the issue promptly can help explore potential remedies or waivers available based on your specific situation. If you’re in this position and need guidance, we’re here to offer support and help you understand your options.

To apply for Temporary Protected Status (TPS), you need to submit Form I-821, Application for Temporary Protected Status, to U.S. Citizenship and Immigration Services (USCIS) during the specified registration period for your country. Alongside this form, it’s often required to file Form I-765 for employment authorization if you wish to work in the U.S. during your stay. The process includes submitting evidence of your nationality, date of entry into the U.S., and any continuous residence requirements as outlined for your specific country’s TPS designation.

We strongly recommend reviewing the latest USCIS guidelines and consulting with us so that your application is complete and filed correctly. If you need assistance with your TPS application or have questions about the process, we can guide you every step of the way.