Company Logo

Immigration Law

Immigration matters touch on large bodies of federal law, such as constitutional law, administrative law, and immigration law.  A federal judge likened immigration law to “King Minos's labyrinth in ancient Crete, . . . certain to accelerate the aging process of judges.”

Sudeb will take the time to study the facts and research the law in each client's case.  He is a former engineer and a graduate of an ABA-accredited Juris Doctor program in Washington, D.C.  Sudeb grew up in India and has personal experience with the immigration process.  While in law school, Sudeb engaged in a judicial internship at the Headquarters Immigration Court to learn more about how immigration judges view removal (deportation) proceedings.  He observed removal hearings at the court, and had the opportunity to discuss cases with the judges and draft opinions for them.

Petitions & Visas

Petitions are usually adjudicated by the USCIS.  Sudeb uses immigration case-management software to streamline the preparation and filing of petitions.  Clients may use an Internet browser to log in to a secure web portal and fill in forms based on the type of their petition.  Those clients who prefer not to enter their information via the portal may do so by mail or in person.

The State Department on its website categorizes each type of visa as either an immigrant visa, or a non-immigrant (temporary visitor) visa.  Many visas and petitions are thought of as either family-based or employment-based, but some are neither.  Some visas require prior approval of a petition; two examples are the family-based I-130 petition for an alien relative, and the employment-based I-129 petition for an non-immigrant worker.  Some require additional steps; for example, an H-1B visa requires foreign labor certification before the I-129 petition.  Sudeb can assist with an evaluation of eligibility for visas, and the preparation of related petitions and applications.

A visa can be thought of as a permit for the holder to apply to enter the U.S.  The holder typically presents the visa to a Department of Homeland Security (DHS) officer at a U.S. port of entry.  This interview is called the inspection.  If the DHS officer grants permission to enter, the holder makes an entry with inspection in a status related to the type of visa, e.g., a K-1 visa holder enters with status of "K-1 fiancé(e)."  Immigration law provides that certain entrants may petition to change or adjust their status while in the U.S., while others must leave the U.S. and apply at a consular post overseas.  Some overstays and others who entered without inspection or otherwise violated laws may face a 3-year, 10-year, or permanent bar on re-entry to the U.S.  However, waivers may be available in some cases.  Sudeb can assist with an evaluation of eligibility for a waiver, change of status, or adjustment of status, and the preparation of related petitions and applications.

Sudeb also represents clients who wish to appeal a denial of their petition or visa application.  However, appeals are limited, and the right to appeal generally expires if the appeal is not brought within a set time after the denial.

Asylum

Asylum is available to a person who satisfies certain statutory criteria and (generally) applies within one year of arrival in the United States.  For more information, see the USCIS asylum page.

There are two ways to originate an asylum application: (1) an affirmative application with USCIS; or (2) a defensive application at immigration court.  Sudeb can assist the applicant with preparing an asylum application, appear with the applicant at any interview with an Asylum Officer, or represent the applicant in a defensive asylum application at an immigration court.

Removal (Deportation) Hearings

Removal involves deportation or exclusion from the United States.  Proceedings generally begin when a DHS agency (such as USCIS, CBP, or ICE) files charges against an individual at an immigration court or refers a case to an immigration judge.  The summons to appear before an immigration judge is often the Notice to Appear.  The individual charged may be called the respondent, petitioner, applicant, alien, or detainee.

At the court, attorneys from the DHS will prosecute the government's case.  If the respondent is represented by an attorney, the attorney can be present at the court to help the respondent put on his or her case.  The immigration judge will weigh the government's case against the respondent's.  At the end of the hearings, the judge will render an opinion.

Removal proceedings are not criminal proceedings, and this is another reason why a respondent should retain an attorney.  The Constitution protects a criminal defendant in several ways that are not available to the respondent.  Some examples follow:

  • The government in removal proceedings is not required to prove its case to the high standard known as "beyond a reasonable doubt."
  • The immigration court may consider certain types of evidence that a criminal court might not.
  • The immigration court is not required to appoint counsel at no cost to an indigent respondent.

Relief may be available to the respondent at various stages of the proceedings, beginning with the exercise of prosecutorial discretion.  After the judge renders his or her opinion, either the government or the respondent can appeal the decision to the Board of Immigration Appeals.  Further appeals may be available.