Practice

Family-based immigration

If you have a family member who is a U.S. citizen or lawful permanent resident, you may be eligible to apply for a green card. Whether you are inside or outside the U.S., we can help you through the process of becoming a lawful permanent resident.

Removal Defense Litigation

There are several legal remedies available to those in removal proceedings in immigration court. Eligibility depends upon each individual’s specific immigration, criminal, and family history, among other factors.

We have experience in the following areas:

  • Bonds
  • Asylum
  • Withholding of Removal
  • Protection under the Convention Against Torture
  • Voluntary departure
  • Application for Lawful Permanent Resident status
  • Cancellation of Removal
  • VAWA Cancellation of Removal
  • Waivers
  • Criminal immigration matters
  • Motions to Reopen and Reconsider
  • Appeals of the Immigration Judge’s Decision

Victims of Crime & Trafficking

Congress created temporary visas and permanent residency options for qualifying victims of crimes and trafficking in the United States in keeping with the humanitarian interests of the United States. Ana Lisa Peña has over ten years of experience working with men, women and children who were victims of crimes in the U.S. or abroad.

Citizenship

If you are a lawful permanent resident or your parents or grandparents are U.S. citizens, you may be eligible to naturalize or you may already be a U.S. citizen. We are happy to evaluate your case in detail with you; becoming a U.S. citizen has many benefits and advantages that lawful permanent residents do not have.

PROSECUTORIAL DISCRETION

Temporary, two and three-year programs are available to those who came to the U.S. when they were young children, or for parents of U.S. citizens and legal permanent residents. “Deferred Action” has existed for decades, and offers protection from deportation and other important benefits, such as work authorization. We can help you understand whether you are eligible and help ensure that your application is complete.

APPLICATIONS FOR ASYLUM, WITHHOLDING FROM REMOVAL, AND PROTECTION UNDER THE CONVENTION AGAINST TORTURE.

Asylum is a humanitarian remedy available to those who have been persecuted in the past or those who have a well-founded fear of persecution upon return to their home country based on being a member of a protected group, among other factors. Filing for asylum either affirmatively or defensively (outside of Immigration Court or after immigration proceedings have commenced) is a trying and detailed process. The attorneys at this firm have experience filing and winning asylum cases for clients from Mexico, Honduras, El Salvador, Guatemala, China, Saudi Arabia, Ukraine, and many other countries.

Credible Fear Process

Those entering the United States to seek refuge from persecution are subject to a credible fear interview with an asylum officer. We help prepare recent entrants for the interview and appear at the interview at the client’s request.

Reasonable Fear Process

Those entering the United States to seek refuge from persecution, who have prior final orders of removal, are subject to a reasonable fear interview with an asylum officer. We help prepare recent entrants for the interview and appear at the interview at the client’s request.

BOND REPRESENTATION

If Immigration and Customs Enforcement has issued a high bond or has denied bond, we can provide representation in requesting a reconsideration of that decision.

LAWFUL PERMANENT RESIDENT STATUS

Available through family or employment visas, or to special immigrant categories.

Parole in Place

Available to family members of military service members, whether active, retired, or honorably discharged, who lack a lawful entry to the United States.

Advance Parole

Available to those who have deferred action. Advance Parole allows for brief travel abroad with a showing of good cause.

Peña & Quintana also represents employers and employees in the the following categories of employment-based visas, as well as others:

TN
TN Non-immigrant visas were created by NAFTA (the North American Free Trade Agreement) and are available to citizens of Mexico and Canada with education or experience in certain skilled professions.
H-1B
Available to highly-skilled professionals, H-1B visas can lead eligibility for lawful permanent resident status and include derivative family members. H-1Bs are subject to a cap of 65,000 visas per year and are filed to coincide with the beginning the new fiscal year.

H-2A And H-2B
H-2As are available for temporary agricultural workers. Employers seeking agricultural workers on a seasonal basis may apply for visas under this program.

H-2Bs are available for temporary non-agricultural workers. Employers seeking workers in non-agricultural areas of the economy in which there is a seasonal or temporary increase in business may seek to add workers through this program.

E-2
The E-2 Treaty Investor visa is available to entrepreneurs who are prepared to invest a substantial sum in a new business in the United States and who have a strong business plan which demonstrates the viability of the proposed business. The E-2 allows for derivative family members to enter the U.S. with the principal applicant.

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