Immigration

CCM is a full-service immigration law firm. Our Immigration Attorneys and staff speak English, Spanish and Portuguese and stand ready to assist you in all your immigration needs, anywhere in the United States.  CCM will assist you in the following areas:

Employment-based Visas and Permanent Residency:

Certain employment based visas can be utilized to eventually apply for permanent residency when all of the necessary requirements are met by all of the parties involved.

• H1-B Visa (Professional in a Specialty Occupation)
• L Visa (Manager, Executive, or Specialized Knowledge)
• E Visa (Treaty Investors / Traders)
• O Visa (Aliens with Extraordinary Ability)
• P Visa (Entertainers and Athletes)
• R Visa (Religious Workers)

Family-based Visas and Permanent Residency:

• Marriage: Spouse of a U.S. Citizen & Spouse of Legal Permanent Resident.
• Parents: Parents of a U.S. Citizen ("Immediate Relative").
• Children of U.S. Citizens and Permanent Residents.
• Brothers and Sisters of U.S. Citizens.
• Step-Children and Step-Parents.
• Fiancé/Spouse: K1 (Fiancé of U.S. Citizen), K-3 (Spouse of U.S. Citizen)

Extensions of Stays

Immigrants who have come into the United States with visas can have their stays extended through application for extensions.

Work Permits

Those immigrants that have proper petitions or applications pending or have been deemed refugees or asylees or have TPS or have been granted withholding of removal can apply for a work permit.

Removal, Deportation and Exclusion Procedures

Our attorneys and staff are ready to represent individuals who have been placed in removal, deportation or exclusion proceedings and have their cases pending at the Immigration Court having jurisdiction.  Law Offices of C. Carolina Maluje, P.A. (CCM) also represent those individuals being held in detention.

Humanitarian Benefits

• Political Asylum

Political asylum is a form of protection whereas the individual seeks protection from the country they are nationals or citizens of once they arrive to the U.S. or already in the U.S.  The person seeks protection because they have a reasonable fear of persecution based on account of their race, religion, nationality, membership or participation in a particular group, or political opinion.  The person can also seek protection based on a reasonable fear of torture, as defined according to Article 3 of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Convention Against Torture).   If a person is granted Political Asylum, they can apply for Permanent Residency after one year.
 

• Refugees

Refugee law is similar to Asylum.  A refugee is a person who has fled his or her country for fear of persecution or torture.  That person can apply outside of the U.S. as a refugee.  If the person is in the U.S., that person can apply for asylum.  A refugee is classified as a refugee according to the 1951 United Nations Convention Relating to the Status of Refugees.  The Convention sets out the rights of those individuals and the responsibilities of nations to grant asylum to those individuals.  It was modified by the 1967 Protocol Relating to the Status of Refugees. 

• TPS

Temporary Protected Status is given to nationals and citizens from certain countries that the Secretary of the Department of Homeland Security designates that those particular countries are experiencing harmful or depressing conditions, such as armed conflicts, civil war, environmental disasters like hurricanes, mud slides, cyclones and other acts of God.  It is a temporary immigration status given to qualified individuals.  Those individuals must meet certain eligibility criteria.  Individuals must apply within the specified time. 

• Violence Against Women Act (VAWA)

VAWA allows an abused spouse or child of a U.S. Citizen or Permanent Resident to petition for lawful status in the U.S.  The spouse or child does not have to be petitioned by anyone or even the abuser, rather they can petition for themselves (self-petition) for permanent residency.

• U Visas Interim Relief

The U visa was created by the Victims of Trafficking and Violence Prevention Act, enacted in October 2000. It is available to nationals or citizens from countries other than the U.S., who have suffered substantial physical or mental abuse resulting from a criminal activity and have been helpful, are being helpful or are likely to be helpful with the investigation or prosecution of the crime. The criminal activity must have violated the laws of the U.S. or happened in the U.S.  The U visa provides eligible immigrants with authorized stay in the U.S. and employment authorization.

• Humanitarian Parole

A humanitarian parole can be obtained for those individuals who are outside of the U.S. and are paroled into the U.S. temporarily for an urgent humanitarian reason.  It is not a way to get around from obtaining a non-immigrant visa.  It is in lieu of obtaining a non-immigrant visa when the visa cannot be obtained.  It is for extreme urgent matters. 

10 Year Cancellation of Removal for Certain Non Permanent Residents

Certain individuals who have been placed in removal proceedings can obtain Cancellation of Removal as an immigration relief if they meet the criteria, including continuously residing in the U.S. for at least 10 years, has been a person of good moral character and removal from the U.S. would result in "exceptional and extremely unusual hardship" to the alien's spouse, parent, or child who is a United States citizen or legal permanent resident.
           
Travel Documents

A person who is not a U.S. citizen needs a travel document to come back into the U.S. if that person cannot obtain a passport from their country of citizenship.  A person may also need a travel document as a permission to return to the U.S.  There are three documents for those specific individuals with particular immigration cases, such as, Reentry Permits, Advance Parole, and Refugee Travel Documents.

Appeals

Certain cases that have been denied can be appealed to the Field Office that made the negative decision, to the Administrative Appeal Office (AAO) or the Board of Immigration Appeals.  

Diversity Lottery

The U.S. government makes available 50,000 visas through the Diversity Lottery Program.  It grants these visas to individuals who come from certain countries.  The program and application process runs from October through December.
 
Perm and Labor Certification

A labor certification is issued by the Department of Labor (DOL) and allows an employer to hire a foreign worker to work permanently in the United States. Once the employer has obtained an approved labor certification from the DOL, the U.S. employer can submit an immigration petition to the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS).  The DOL must certify to the USCIS that there are no qualified U.S. workers able, willing, qualified and available to accept the job at the prevailing wage for that occupation in the area of intended employment and that employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers.   

Citizenship
 
Naturalization is an administrative procedure in which a person becomes a United States Citizen after meeting several substantive and procedural requirements.