Immigration Articles

Start with what you have

Don’t delay because a document is missing. Bring what you have now; originals, translations, and additional evidence can follow. The most important step is to speak with an attorney early — before a deadline passes.

Documents everyone should bring

Employment & talent-based visas (EB-1, EB-2, EB-3, H-1B, L, O)

Investor visa (EB-5)

Family-based immigration

Political asylum

Asylum is based on past persecution, or a well-founded fear of future persecution, on account of race, religion, nationality, political opinion, or membership in a particular social group. There is generally a one-year filing deadline from your last entry, so speak with an attorney as soon as possible.

Students & visitors (F/M, B-1/B-2)

If you are in immigration court, on appeal, or facing deportation

Deadlines here are strict — bring everything and contact us immediately.

What you can bring later

Foreign-language documents can be translated afterward, and originals or certified copies can follow. Start with copies and photos of what you have — we will tell you exactly what your specific case needs.

Clients outside the United States

You do not need to be in New York to work with us. If you are abroad, simply leave a request through our contact form with a short description of your situation and the best email to reach you.

We will reply by email to confirm the details and arrange a video consultation — by Microsoft Teams, WhatsApp, or Telegram, whichever works best for you. We agree the channel and time by email.

The first consultation is free. If you decide to retain us, we agree the fee and payment method with you directly and send clear instructions by email.

This is general information

The lists above are a starting point, not a complete or case-specific requirement. Immigration rules change and every case is different — the exact documents your matter needs will be confirmed by your attorney. Nothing here is legal advice or creates an attorney-client relationship. The best next step is a free consultation.

Yes — we can work with you remotely

For most immigration matters you do not need to visit New York. The first consultation is free and can take place by phone or by video. The retainer agreement (the written contract that creates the attorney-client relationship) and Form G-28 (notice that we represent you) can both be signed remotely — you receive the documents, sign, and return a scan. Work on the case begins as soon as the retainer is signed by both sides.

Mind the time difference

Our office works Monday through Friday during New York business hours (Eastern Time) — the current hours are listed on our Contact page. When you first write to us, tell us your country and time zone, the hours that suit you, and your preferred language — English, Chinese, Russian, or Spanish. We will offer a consultation slot that works on both ends.

Which channel for what

A simple rule: the substance of your case belongs in email and scheduled calls; messengers are for logistics. This keeps a clear written record and avoids important details getting lost in chat.

A note on security — especially for asylum matters

Ordinary email is not fully secure, so do not send anything you consider highly sensitive until we have discussed how to transfer it — we will tell you exactly which documents we need and the safest way to send them.

If your case involves fear of persecution, do not discuss it in apps that can be monitored from the country you fear. In particular, we advise clients with China-related asylum matters not to discuss their case over WeChat. This is also why we use WhatsApp rather than Telegram as our messenger: standard Telegram chats are not end-to-end encrypted (only its “secret chats” are), while WhatsApp calls and messages are end-to-end encrypted by default. An ordinary phone call is also a safe choice.

Documents: scans first, originals only on request

Paying for services from abroad

You can pay for our services from abroad. The fee and payment method are always agreed with you directly and confirmed in writing first: after the retainer is signed, we send a payment request from the firm’s official account. We will confirm the exact method when you contact us.

Protect yourself from impostors

Unfortunately, people abroad are a frequent target of immigration scams. Verify our contact details only against this website. We never ask you to pay to a personal bank card, to wire money to an individual, or to pay in gift cards or cryptocurrency — any payment request from us always follows a signed retainer and comes from the firm’s official account. If anything about a message “from us” seems off, stop and call the official numbers listed on our Contact page.

How to start

Call the line in your language, or send a message through the contact form — mention that you are abroad, your time zone, and the type of case. Before your consultation, see our guide “Preparing for Your Immigration Consultation: What to Bring.” The first consultation is free.

A quick map of the system

U.S. immigration is not one process but several. In broad terms, most matters fall into a few paths: family-based (a U.S. citizen or permanent resident petitions for a relative); employment-based (including advanced-professional categories such as EB-1 and the EB-2 National Interest Waiver); humanitarian protection (asylum and related relief); and naturalization (becoming a U.S. citizen). Running alongside all of these is removal (deportation) proceedings in immigration court, which follow their own adversarial rules and deadlines.

Knowing which path applies — and what it requires — is the first step, because the evidence, the forms, and the deadlines are different for each.

What has changed (2024–2026)

Because this area is moving quickly, treat any specific rule as “as of 2024–2026,” and confirm the current requirement before you act.

Where the emphasis used to fall

For years, the working assumption for many applicants was that a case could be filed and then corrected: if something was missing, an RFE would usually arrive and give a chance to fix it. Documentation was often assembled to a “good enough” standard, and many people navigated parts of the process — including hearings — without a lawyer.

Where the emphasis falls now

Preparing and creating your documents the right way

This is where careful preparation matters most, and it is the part we handle with clients every day. A strong case is not just filled-in forms — it is a complete, consistent, well-supported story.

If you are in immigration court

Removal (deportation) proceedings are adversarial: a government attorney argues the case against you, deadlines are short, and the rules are technical. A Notice to Appear (Form I-862) begins the process — it is not a final order of removal, but it starts a legal case in which you can present your defense before a judge.

Representation makes a measurable difference. Analyses of government data have consistently found that represented respondents obtain relief far more often than unrepresented ones — in asylum cases in 2024, for example, roughly 53% of applicants with a lawyer were granted relief, compared with about 17% of those without one. These are national averages, not a prediction for any individual case — but they are why we strongly encourage anyone facing immigration court to be represented.

How our firm can help

Our team helps individuals and families across the paths above — assessing which category fits, preparing and organizing the documents and evidence, meeting deadlines, and representing clients in immigration court. We work in English, Chinese, Russian, and Spanish. If you are unsure where you stand, our attorneys can review your situation and outline your options — and if we are not the right fit for your case, we will tell you.

About this article

This article is general educational information about the immigration landscape as of 2024–2026. It is not legal advice, it does not address any particular person’s situation, and reading it does not create an attorney-client relationship. Immigration law and agency policy are changing quickly, and every case turns on its own facts — confirm the current rules that apply to you with a qualified immigration attorney before taking action.

Who can petition, and for whom

A family case starts with a petitioner — a U.S. citizen or a lawful permanent resident (green-card holder) — who files a petition for a qualifying relative. U.S. citizens can petition for a spouse, children, parents, and siblings; permanent residents can petition for a spouse and unmarried children. Exactly which relatives qualify, and in which category, depends on the petitioner’s status and the relationship.

That first classification matters more than it looks: it sets how long the case takes and what evidence is required. If you are unsure which category fits — or whether a relative qualifies at all — it is worth confirming with an attorney before anything is filed.

Immediate relatives vs. the preference categories (and why the wait differs)

“Immediate relatives” of U.S. citizens — spouses, unmarried children under 21, and parents — have no annual numerical limit, so a visa is available as soon as the case is approved. Everyone else falls into the “family preference” categories (F1–F4), which are capped each year and often involve a wait — sometimes a long one — tracked by a priority date on the monthly Visa Bulletin.

Reading the Visa Bulletin correctly, and knowing when your priority date is “current,” is a recurring source of confusion. Our team helps clients track where they stand and file at the right moment.

Two ways to get the green card: adjustment vs. consular processing

Once a petition is approved and a visa is available, there are generally two routes. If the relative is already in the United States and eligible, they may apply to “adjust status” (Form I-485) without leaving. If they are abroad — or not eligible to adjust — the case is completed through “consular processing” at a U.S. embassy or consulate. Which route is available, and which is wiser, depends on the facts, and choosing wrong can cause delays or worse. This is a decision worth making with a lawyer.

Marriage-based cases: proving a real relationship

Marriage-based petitions receive particular scrutiny, because the government must be satisfied the marriage is genuine and not entered into for immigration. That means documenting a shared life — not just a certificate — and being ready for an interview in which the couple is asked about their relationship. If the marriage is less than two years old when the green card is approved, it is granted on a conditional basis, and a further step (Form I-751) is needed later to remove the condition.

Preparing this evidence well, and preparing the couple for the interview, is exactly the kind of work our team does with clients — often the difference between a smooth approval and a stressful request for more evidence.

The financial sponsor

Most family cases require an Affidavit of Support (Form I-864), in which the petitioner — and sometimes a joint sponsor — accepts legal responsibility for supporting the immigrant financially. Getting the income documentation and the right sponsor in place is a common sticking point, and one an attorney can help you plan for in advance.

Timing and today’s heightened scrutiny

As of 2024–2026, filings face closer review, and — under guidance issued in 2025 — officers may deny some petitions without first sending a request for evidence. In a family case, that raises the cost of an incomplete or inconsistent filing: the first submission should be complete, accurate, and internally consistent. Because this area changes quickly, confirm the current rules for your situation.

How our firm can help

Our team guides families through each step — identifying the right category, preparing the petition and supporting evidence, tracking the Visa Bulletin, choosing between adjustment and consular processing, and preparing you for the interview. We work in English, Chinese, Russian, and Spanish. If you are considering a family petition, our attorneys can review your situation and outline the options — and if we are not the right fit, we will tell you.

About this article

This article is general educational information about family-based immigration as of 2024–2026. It is not legal advice, it does not address any particular person’s situation, and reading it does not create an attorney-client relationship. Immigration rules change and every case turns on its own facts — confirm the current requirements for your case with a qualified immigration attorney.

What the National Interest Waiver is

The EB-2 category is an employment-based immigrant (green card) classification for professionals who hold an advanced degree, or who can show exceptional ability in the sciences, arts, or business. Normally, an EB-2 case requires an employer to sponsor the applicant and to complete a labor certification — the PERM process that tests the U.S. labor market.

The National Interest Waiver (NIW) is a request to waive that job-offer and labor-certification requirement, on the ground that the applicant’s work is in the national interest of the United States. Because no employer is required, an NIW applicant can self-petition — file on their own behalf. That is why the NIW is often used by researchers, engineers, entrepreneurs, healthcare professionals, and other advanced professionals whose work has broad significance.

The three-part test (Matter of Dhanasar)

What changed in 2025

In January 2025, USCIS issued the most detailed update to its NIW guidance in nearly a decade (USCIS Policy Manual, Volume 6, Part F, Chapter 5). Importantly, the update did not change the three-part test itself — the Dhanasar framework remains. What it changed is the level of detail USCIS gives on how officers apply that test and, in practice, the standard of evidence expected.

The short version: it is no longer enough to point to impressive credentials and argue that one works in an important field. The 2025 guidance asks a petition to be specific and to be corroborated. Guidance like this can be revised over time, so anyone preparing a case should confirm the current requirements with a qualified attorney.

Where the emphasis used to fall

For years, many NIW petitions were built primarily around the applicant’s personal credentials — degrees, publications, citation counts, awards — paired with a general argument that the applicant’s field (for example, a STEM discipline) is important to the country. The person and the field did much of the work; the specific project sometimes received less attention.

Where the emphasis falls now

If you are preparing a petition, shift your emphasis to these

Why this is usually done with an attorney

None of this is impossible to grasp — but it is detailed, and the details decide cases. Framing the proposed endeavor in the right terms, judging which independent evidence actually carries weight, and presenting a coherent argument across all three prongs is precise work. A generic or thinly supported filing is a common reason for a Request for Evidence or a denial. For that reason, most applicants prepare and file an NIW with the help of an immigration attorney, who can align the petition with how USCIS applies its current standards.

How our firm can help

Our team works with advanced professionals — researchers, engineers, entrepreneurs, healthcare and other specialists — on EB-2 National Interest Waiver petitions. We help you define your proposed endeavor, identify and organize the independent evidence that carries weight, and present your case in line with current USCIS guidance. If you are considering an NIW, our attorneys can review your specific situation and outline your options — and if we are not the right fit for your case, we will tell you.

About this article

This article is general educational information about how the National Interest Waiver is evaluated. It is not legal advice, it does not address any particular person’s situation, and reading it does not create an attorney-client relationship. Immigration rules and agency guidance change, and every case turns on its own facts. Whether an NIW fits your situation — and how best to present it — should be assessed individually with a qualified immigration attorney.

Two systems, one set of facts

Criminal court and immigration are separate systems, with different rules, different judges, and different goals. The criminal case asks whether you are guilty and what the sentence should be. The immigration side asks a different question: how does this outcome affect your right to stay in, or return to, the United States. The same facts run through both — which is why a decision made only with the criminal case in mind can cause immigration harm no one intended.

This can affect anyone who is not a U.S. citizen — including lawful permanent residents (green-card holders), visa holders, applicants, and those without status.

Why a “minor” case can still matter

Immigration law defines a “conviction” far more broadly than everyday language does. In some situations, a case that was dismissed after a diversion or education program — or a plea that carried no jail time — can still count as a conviction for immigration purposes, because completing the program can involve an admission of guilt. A sentence that feels light in criminal court is not, by itself, a guarantee that immigration will treat the matter lightly.

Categories that tend to carry immigration weight

Depending on the category and the person’s status, a conviction may affect the ability to remain in the U.S., to re-enter after travel, to obtain a green card or naturalize, or to qualify for other relief.

The right to be advised (Padilla v. Kentucky)

Because the stakes are so high, the U.S. Supreme Court held in Padilla v. Kentucky (2010) that a criminal defense lawyer must advise a non-citizen client about the immigration consequences of a guilty plea. In practical terms, that means criminal defense for a non-citizen should be handled with the immigration picture in view — ideally before any plea is entered.

Where the emphasis should be

For a non-citizen, the objective is often not simply the best-looking criminal outcome, but an outcome that is also safe for immigration. Sometimes an alternative plea, a different charge, or a specific sentence can resolve the criminal case while avoiding the worst immigration consequences. That is only possible when the criminal case and the immigration analysis are coordinated — which is why, for a non-citizen, the two should be evaluated together from the start, not one after the other.

If you already have a conviction

Even after the fact, options sometimes exist depending on the specific record and facts — for example, certain forms of post-conviction relief, or waivers available in the immigration process. It is also important to answer questions on immigration forms accurately and completely; a past case that is disclosed and addressed is very different from one that is discovered later. Whether any option applies to your situation is something to assess individually.

How our firm can help

Our firm handles both criminal defense and immigration, which means we can look at a charge through both lenses at once — evaluating the criminal case while mapping its immigration effect, and coordinating a strategy that protects both. We work in English, Chinese, Russian, and Spanish. If you or a family member is facing a charge and immigration status is a concern, our attorneys can review the situation and outline the options — and if we are not the right fit for your case, we will tell you.

About this article

This article is general educational information about how criminal cases and immigration interact. It is not legal advice, it does not address any particular person’s situation, and reading it does not create an attorney-client relationship. The interaction between criminal and immigration law (sometimes called “crimmigration”) is highly technical and fact-specific, and the law can change. If you are a non-citizen facing a criminal charge, speak with a qualified attorney before entering any plea or taking action.

At the scene: safety first

Even if you feel fine, some injuries surface hours or days later — so see a doctor promptly and keep records. Speaking with a lawyer early, before you give statements or sign anything, is one of the simplest ways to protect a potential claim.

New York is a “no-fault” state — what that means

In New York, your own insurer’s no-fault (PIP) coverage generally pays your initial medical bills and a portion of lost earnings after a crash, regardless of who was at fault, up to the basic policy limit. To keep that coverage, you usually must file a no-fault application with your insurer promptly — often within about 30 days — so this is a deadline not to miss. If you are unsure how to file or what is covered, our team can walk you through it.

When you can claim beyond no-fault: the “serious injury” threshold

No-fault covers basic economic losses, but it does not pay for pain and suffering. To pursue that against an at-fault driver, New York law requires you to meet a “serious injury” threshold (Insurance Law §5102(d)) — categories such as a fracture, a permanent or significant limitation, or a disability lasting most of the first 90 days after the crash. Whether your injuries meet that threshold is a legal question, and it is one of the main reasons to have an attorney evaluate your case rather than guess.

Be careful talking to insurers

After a crash you may be contacted by the other driver’s insurer, sometimes asking for a recorded statement or offering a quick settlement. You are generally not required to give a recorded statement to the other side, and early offers may not reflect the full value of a claim — especially before the extent of an injury is known. It is usually wise to let an attorney handle these communications; our team does this for clients so that a careless word or an early lowball does not cost them later.

Mind the deadlines

Injury claims are governed by strict deadlines. The time limit to sue for negligence in New York is generally three years, but it can be much shorter in special situations — for example, claims involving a city, transit authority, or other public entity often require a formal notice within just 90 days. Because a missed deadline can end a claim no matter how strong it is, confirm the deadlines that apply to your situation early — ideally with a lawyer.

How our firm can help

Our team handles New York personal-injury claims from start to finish — dealing with the insurers, gathering the medical and accident evidence, assessing the serious-injury threshold, and pursuing full compensation. We work in English, Chinese, Russian, and Spanish. If you have been hurt in a crash, our attorneys can review what happened and explain your options — and if we are not the right fit for your case, we will tell you.

About this article

This article is general educational information about car-accident claims in New York as of 2024–2026. It is not legal advice, it does not address any particular person’s situation, and reading it does not create an attorney-client relationship. Deadlines and rules can change and every case turns on its own facts — speak with a qualified attorney about your specific situation.