Dedicated and Experienced Immigration Counsel

With attorneys who have firsthand experience with immigrating to the United States, immigration is a very personal and important practice area for our firm. We have a wealth of knowledge and experience and can assist you and your loved ones in all immigration matters, including but not limited to the following:

Removal Proceedings & Deportation Defense

Our attorneys have a strong litigation background, representing clients in detention and defending those facing removal from the U.S. Our experience includes complex cases such as those involving criminal matters. We also handle cases in which a removal order has already been entered, and an appeal or motion to reopen is needed.

In cases involving criminal matters, we will work with your criminal defense counsel in order to minimize the immigration consequences and to ensure that each client has the strongest possible defense.

There are numerous ways our firm can assist you in removal proceedings and deportation defense, including but not limited to: Bond Motions, Stays of Deportation, Asylum, Withholding of Removal, Convention Against Torture (CAT), Cancellation of Removal, Waivers of Inadmissibility, DACA, U-Visas, VAWA, NACARA, Temporary Protective Status (TPS), Family-Based Adjustment,  Marriage Interviews, DOMA and Immigration Benefits, Provisional Waivers, Naturalization, Motions to Reopen, BIA Appeals, Criminal Alien Defense, and Federal Appeals.

Motion for Bond

Many times, an individual who is detained by Immigration and Customs Enforcement may qualify for bond even if they have a criminal history. Our firm has vast experience preparing and arguing bond motions before the Immigration Courts. Our firm also has experience obtaining the release of an individual through the Department of Homeland Security Authority to parole an individual in custody.

Asylum

Every year thousands of people come to the United States seeking protection because they have suffered persecution or fear that they will suffer persecution in their home country due to their Race, Religion, Nationality, Political Opinion, or Membership in a particular social group.

If you are eligible for asylum you may be permitted to remain in the United States. You may also include your spouse and children (unmarried and under 21 years of age) who are in the United States on your application at the time you file or at any time until a final decision is made on your case. Every case is unique, and you will need experienced counsel to guide you through the strenuous application process.

Lawful Permanent Residence (Green Card)

A Lawful Permanent Resident is someone who has been granted authorization to live and work in the United States on a permanent basis. There are a number of ways to become a permanent resident of the United States. These can include situations where you have family members who are US Citizens or green card holders, you have been offered a job in the US, you are a refugee or asylee, Special Immigrant Juvenile Status, and numerous other routes.

Citizenship

If you meet certain requirements you may be eligible to become a United States citizen, either at birth or later in life.

  • To become a citizen at birth, you must:
  • Have been born in the United States or certain territories or outlying possessions of the United States, and subject to the jurisdiction of the United States; OR
  • Had a parent or parents who were citizens at the time of your birth (if you were born abroad) and meet other requirements

To become a citizen after birth, you must:

  • Apply for “derived” or “acquired” citizenship through parents; OR
  • Apply for naturalization

Family-Based Petitions

United States Citizens, Lawful Permanent Residents, Refugees admitted to the US within the past 2 years, or Asylees granted asylum within the past 2 years may petition for relatives and/or future relatives such as a finance(e) or a prospective adopted child to immigrate to the United States.

Waivers of Inadmissibility

An individual looking to enter the United States or obtain residency must be admissible to the United States. To be admissible you may not be among any of the classes of individuals deemed ineligible by law to enter the United States. U.S immigration law provides that certain classes of individuals may not be admitted without a waiver or an exception.

Investor & Job-Related Visas

There are a number of options available to obtain investor or job-related visas including but not limited to L-1 Multinational Executive, H-1 Professionals, E-1 Treaty Trader, E-2 Treaty Investor, O-1 Extraordinary Ability, P visas for artists and entertainers, R-1 Religious Workers, H-2 Temporary Workers, H-3 Trainees, TN visas for Canadians and Mexicans, E-3 for Australian nationals, B-1 for business travelers, I visas for journalists, and Q visas for cultural exchange.

Deferred Action for Childhood Arrivals (DACA)—Dreamers

Certain individuals who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal. If found eligible for deferred action, you may be eligible to receive a work authorization/permit.

In June 2014, President Obama also extended DACA to allow individuals who have already been granted deferred action to renew for an additional two (2) years.

Board of Immigration Appeals (BIA)

The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying immigration laws. The BIA has been given nationwide jurisdiction to hear appeals from certain decisions rendered by immigration judges and by district directors of the Department of Homeland Security (DHS) in a wide variety of proceedings. Our offices can assist you in the immigration appeals process for a wide variety of situations.

Motion to Reopen/Motion to Reconsider

A party may seek to file a motion to reopen with an Immigration Judge or the Board of Immigration Appeals (BIA) after a decision has been rendered in their case or appeal so that new facts or evidence may be considered. As a general rule, a motion to reopen must be filed within 90 days of an Immigration Judge’s final order or the BIA’s administrative decision, however, there are some exceptions to this rule. Only under very specific circumstances and exceptions can a party file outside the time limit or file more than one motion to reopen.

A motion to reconsider either identifies an error in law or fact in the Immigration Judge or BIA’s  prior decision, or identifies a change in law that affects an Immigration Judge’s or the BIA’s prior decision, and asks the Judge or BIA to reexamine the ruling or decision. A motion to reconsider is based on the existing record and does not seek to introduce new facts or evidence. As a general rule, a motion to reconsider must be filed within 30 days of the final administrative ruling.

Crimmigration

Crimmigration is the immigration consequences associated with criminal activity.

If you are facing criminal charges and are a lawful permanent resident or an illegal alien, you may be subject to deportation. The attorneys at our firm are experienced in criminal defense and are well versed in the immigration consequences associated with criminal activity. It is important to hire a criminal defense attorney who is knowledgeable in the field of immigration law.

Immigration Holds or Detainers

The attorneys at Rotella & Hernandez, due to our experience with criminal and immigration matters, have a proven record of successfully lifting immigration holds and/or detainers. In many criminal cases Border Patrol, Customs and Border Protection, and Immigration and Custom Enforcement place a hold on an individual who is about to complete his criminal sentence thereby preventing their release. Oftentimes these individuals, due to the immigration hold and/or detainer, end up being held for additional time in immigration detention. Our office has successfully lifted immigration holds and detainers thereby preventing individuals from having to serve additional time in immigration detention.

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