If you are an immigrant to the United States, you must successfully navigate the many twists and turns in the immigration process. We have earned a reputation as personable, effective immigration lawyers with very competitive rates. We guide you through family immigration, as well as individual immigration, so that you understand every step of the process.

To arrange a free initial consultation with a knowledgeable and helpful immigration attorney, contact ScottVassell & LeeCC Law Firm today.

Family Immigration and Individual Immigration

• Immigrant visas: I-130/I-485 Petition for Alien Relative/Permanent Resident applications
• Non-immigrant visas, including, but not limited to, the following: H1B, B, E-1/E-2, F-1, H2, H3, L-1, L-2, and Blanket L visas, K, O, P, Q, R and S, T, and U visas.
• Fiancé visa K-1
• TN visas
• VAWA / I-360 (Self Petition for Abused Spouse)
• I-765 Workers Permit
• I-131 Advanced Parole
• TPS
• Diversity Visa Lottery
• FOIA requests
• Student visas / M-1 Visas
• Citizenship
• Adjustment of status

The owner of ScottVassell & LeeCC Law Firm is herself an immigrant from Canada. She has a personal understanding of the concerns and needs of immigrants, as well as the training and experience to be an effective immigration attorney handling a wide variety of immigration issues.

Call or email us to inquire about our free limited telephone consultations. We have Spanish, Portuguese Korean, Mandarin, Cantonese and French services available.

We have competitive rates and we accept Visa and MasterCard. Our office hours are Monday through Friday, from 8 a.m. to 6 p.m.; evenings by appointment. You can also talk to a lawyer about family immigration at one of our satellite offices in Washington D.C., Virginia and Maryland.

The post Family & Individual Immigration appeared first on Scott CC Immigration Law.

If you are a visa holder or your immigration status is unclear and you get arrested, you need an experienced immigration lawyer as soon as possible. Without it, your immigration status could be at risk. Conviction on the charge could result in removal proceedings and eventual deportation.

The attorneys at Scott CC Immigration Law are aggressive and experienced immigration advocates. We work to prevent loss of immigration status and deportation of clients accused in criminal matters.

For a free limited telephone conversation, contact our firm as soon as possible.

Coordinating Efforts with Your Criminal Defense Attorney

In criminal cases, most defense attorneys focus on defending their client against only the charge itself. They may not consider the effects of a conviction or plea bargain on the immigration status of their client.

At Scott CC Immigration Law, we understand these effects and have experience handling them. We can work closely with your criminal defense attorney to preserve your immigration status and protect your rights during the legal process.

Explain your situation to your criminal defense attorney. Then call our firm.

Deportation and Removal Defense Advocates

Scott CC Immigration Law has successfully represented hundreds of clients in removal proceedings. If you have already been convicted on a criminal charge, our firm can defend your rights in the removal hearing and in any appeals that may follow.

Any interaction with a U.S. government official can result in immigration problems leading to removal. If you plan to travel outside the U.S., an attorney at our firm can review your situation and advise you regarding potential problems.

Contact an Attorney Today

Call or email us to inquire about our free limited telephone consultations. We have competitive rates and we accept Visa and MasterCard.

Spanish, Portuguese Korean, Mandarin, Cantonese and French services available. Office hours are from 8 a.m. to 6 p.m., Monday through Friday. We have offices in Fairfax, Virginia, Rockville, Maryland and Washington D.C., and also hold conferences via Skype

The post Criminal Charges & Immigration appeared first on Scott CC Immigration Law.

Asylum

Asylum status may be given to an individual who meets a very strict definition of refugee. A refugee or asylee is defined as any person outside his or her county of nationality (or in the case of a persons having no nationality, their last habitual residence) who, because of a “well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion, is unable or unwilling to return to that country, and is unable or unwilling to avail him or herself of the protection of that country. There are conditions where a refugee is also someone still residing in their country which is not discussed in this brief article.

An asylee must apply within one year of arrival in the U.S. If the foreign national is placed in removal, and has never applied for asylum relief, they must then seek Withholding of Removal or CAT in court which is explained below. Once an individual is granted asylum they will eventually be able to adjust to a Permanent Resident and eventually Citizenship.

Withholding of Removal

While this option is similar to asylum, withholding of removal and CAT (explained below) is available when a foreign national does not meet the criteria for asylum, such as filing within one year. Also, Withholding of Removal/CAT is available if a foreign national is placed in removal or deportation proceedings.

Withholding of Removal found in INA 241(b)(3); 8 CFR 208.16 requires an applicant to demonstrate the following:

An applicant must show a clear probability of harm, or that it is more likely than not that her life or freedom would be threatened (on account of race, religion, nationality, membership in a particular social group, or political opinion) if returned to his or her home country. The standard here is higher than asylum “which is a well founded fear.”

Withholding is mandatory if Attorney General determines that the applicant’s life or freedom would be threatened. While there are important benefits gained such as the applicant’s ability to receive work authorization, this is not an automatic right to remain in the United States. The Department of Homeland Security (“DHS”) may impose conditions; remove the individual to a third country, and/or move to revoke the status. Client cannot apply directly for lawful permanent residency, and client cannot petition to bring family members to the U.S. except certain conditions and exceptions are met.

CAT

CAT, which stands for the United Nations (“UN”) Convention Against Torture (“CAT”) is also available to clients who are in removal proceedings or who have failed to meet the criteria for asylum. Torture is defined as any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

If it is more likely than not that an applicant will be tortured then no State shall expel, return or extradite a person to another State where there are substantial grounds for believing that he or she would be in danger of being subjected to torture.

Contact Scott CC Immigration Law

The above explanation of Asylum, Withholding of Removal and CAT are complex legal arguments which require an experienced immigration attorney to navigate the hurdles and obstacles when you are fearful and it is unsafe to return home. If you or someone you know is in serious danger if they return to their home country,

Spanish, Portuguese Korean, Mandarin, Cantonese and French services available. Office hours are from 8 a.m. to 6 p.m., Monday through Friday. We have offices in Fairfax, Virginia, Rockville, Maryland, and Washington, D.C., and also hold conferences via Skype ^TM.

The post Asylum appeared first on Scott CC Immigration Law.

Below is a comprehensive list of Waivers we file on behalf of our clients and a couple case scenarios we handle for our clients:

U.S. WAIVERS:

• I-751 Waiver (Marriage Dissolution of Conditional Residents)
• I-601 Waivers
• WAIVERS OF INA 212(e): J-1 visa holders
• Waiver After Prior Waiver of misrepresentation or Fraud in Procuring Visa/Entry-INA §237(a)(1)(H)
• Removal or Deportation: Permission to Reapply for Admission-INA §§212(a)(9)(A)(iii) and 212(a)(9)(CC)(ii)
• Waiver of Unlawful Presence Ground of Inadmissibility-INA §212(d)(12) and 237(a)(3)(C)(ii)
• Waiver for Prostitution, Crimes More Than15 Years Old, Crimes of Moral Turpitude, and Simple Possession of Marijuana-INA §212(h)
• Waiver for Fraud or Misrepresentation-INA §212(i)
• Waiver of Technical Defects in Immigrant Visas- INA§212(k)
• Adjustment of Status Under §245(k)
• Cancellation of Removal for Nonpermanent Residents-§240A(b)
• Cancellation of Removal for Lawful Permanent Residents
• General Waiver for Nonimmigrants-INA §212(d)(3)
• Waivers Under INA §209(c)

Our law firm files a variety of U.S. Immigration Waivers for clients who are illegal, out of status, subject to residency requirements, subject to the three or ten year bar, Conditional Residents whose marriages are ending in divorce, individuals who entered without inspection (“EWI”), or those in need of a waiver for fraud, crimes, and more. (See below for a list). The below examples provide a couple popular case scenarios and solutions to inform clients about how waivers work in general.

Case 1

Foreign national was born in Nicaragua 05/19/1990. She entered EWI in 03/2008 and never left. She was arrested without a driver’s license and ICE ended up having a detainer placed on her. She married a U.S. Citizen (USC) in 05/2012- no children. The first court date in U.S. Immigration court has been set. What can be done here?

A waiver can be filed for the foreign national, and an I-130 filed by her husband to begin the adjustment of status process. An Immigration Judge will usually grant a continuance (extension) during the adjudication of the I-130. Then a 212(a)(9)(B)(v) (waiver of Unlawful Presence Ground of Inadmissibility) may be filed. Since in this case the foreign national entered without inspection (EWI), she would need to return to her home country to adjudicate the waiver and adjust status after being granted voluntary departure by an immigration judge. The time out of the country could be a year or less if the proper legal strategy is in place.

Case 2

A 212(h) waiver is a popular waiver for clients who have been convicted of Crime Involving Moral Turpitude (CIMT) which occurred and makes them removable.

For instance, a foreign national could pursue a consular waiver or waiver in court for a CIMT that occurred more than 15 years ago (e.g. theft). Proof of Rehabilitation, good charter and ensuring that a foreign national client is not a threat to National Security is amongst some of the criteria that must be presented effectively to an Immigration Court or U.S. Consulate to succeed in gaining a 212(h) waiver.

The area of good character is essential. Evidence of good character for instance would include donations to church, volunteer involvement in community activities, letters from family members explaining how the applicant for 212(h) waiver helps his family and is an overall asset to society.

The above examples and all Waivers require experienced U.S. Immigration Attorneys.

Contact Scott CC Immigration Law

If you have any questions about U.S. Immigration waivers, call us or send us an email. We are here to help.

Spanish, Portuguese Korean, Mandarin, Cantonese and French services available. Office hours are from 8 a.m. to 6 p.m., Monday through Friday. We have offices in Fairfax, Virginia, Rockville, Maryland and Washington D.C., and also hold conferences via Skype ^TM

The post U.S. And I-601 Waivers appeared first on Scott CC Immigration Law.

The adjustment of status process can be complicated and challenging. Applicants face difficult questions, issues and changing laws. Which forms and supplemental forms should you file? Will you get a work permit after applying for an adjustment of status? Can I travel? In addition to much more.

At Scott CC Immigration Law, we have a well-earned reputation for getting foreign nationals the adjustment of status they want and need through a variety of creative solutions. Call or email us to inquire about our free limited telephone consultations and our competitive rates. Spanish, Portuguese Korean, Mandarin, Cantonese and French services available.

Adjusting Status in the United States Includes the Following:

• Naturalization to become a U.S. Citizen
• Becoming a United States Permanent Resident Through Work;
• Becoming a United States Permanent Resident through a Spouse or other Family Member; and
• Changing from one Non-Immigrant Visa Category to another.

During the adjustment process it is very important to ensure that your current status remains intact and is bridged successfully. We guide you accordingly.

The Critical Link between Conditional Greencard & Applying for U.S. Citizenship

The N-400 Application to become a U.S. Citizen can be a landmine for Permanent Residents who do not understand the critical link between the I-751 Removal of Conditions and Citizenship process. An N-400 Naturalization Application often resembles an audit. Hopefully, with the help of experienced immigration counsel you will file for Naturalization successfully without delay or surprise based on the below pointers.

An I-751 Removal of Conditions application is required for couples who apply for U.S. immigration status while being married less than two years. This application required a second interview traditionally to remove conditions and receive outright Permanent Resident Status in the United States. However, the trend by U.S. Immigration & Citizenship Services (“USCIS”) is to not conduct an interview and instead mail the new ‘unconditional’ Green Card based on the papers only.

For example, a lady came to our law firm exasperated because she had applied for Citizenship by herself, and she could not understand why USCIS issued an RFE for her to provide proof that her and her husband lived together for the relevant period of time up until they divorced. In the client’s mind, she had already handled this matter. However, as I pushed her with questioning, she finally confessed, that the couple had filed the I-751 application together despite being separated after only living together a few months of marriage. Instead of filing an I-751 waiver (not the topic of this short post), which would have solved the problem, her and her former spouse decided to file jointly and she received her Permanent Resident Status for her and her minor daughter.

All was well, she thought, so she proceeded to naturalize by filing the N-400 application also by herself without the assistance of an immigration lawyer. Ultimately, her case was denied and she was placed in final removal proceedings along with her daughter who was a derivative beneficiary.

Lessons learned here are the following:

• Sit down with an immigration attorney to review your I-751 conditional removal application before filing.
• Determine if a waiver is needed.
• Be prepared for retroactive questioning on your I-751 application when applying for future benefits such as Naturalization; and
• Only begin the N-400 application process for Citizenship with an immigration attorney who will prepare your case by carefully ‘auditing’ all your prior immigration history and facts to reduce or eliminate the chance of delay or denial of the application.

Canadian Immigration Options

Our lead attorney is an immigrant from Canada, so she understands what you feel as you face the challenge of continuing to remain in status. We also have a lawyer licensed in Canada for temporary or permanent Canadian immigration options.

Scott CC Immigration Law can quickly and cost-effectively help you with any of the following:

• Temporary Canadian immigration
• Change of status to alternative appropriate category (if needed)

Call or email us to discuss an adjustment of status, family visa, permanent residency, work visa or other immigration matters. Inquire about a consultation. Spanish, Portuguese Korean, Mandarin, Cantonese and French services available.

Our office hours are Monday to Friday, 8 a.m. to 6 p.m.; evening appointments available. We also have satellite offices in Washington D.C., Virginia and Maryland and offer Skype ^TM conferences as well. We accept Visa and MasterCard.

The post Adjustment of Status & Naturalization/Citizenship appeared first on Scott CC Immigration Law.

If U.S. immigration officials have threatened you or a loved one with removal from the United States, call us. Don’t sign any documents until you speak with an experienced, effective immigration lawyer.

If you or your family is in a deportation or asylum crisis, use the Scott CC Immigration Law 24-hour emergency line at 703-966-0907. You can also email us.

We have experienced Fairfax deportation attorneys who have successfully represented hundreds of clients in cases before the U.S. Department of Homeland Security regarding deportation, asylum and immigration appeals. We also have attorneys available to help in Rockville, MD and Washington, D.C.

Scott CC Immigration Law offers tenacious, effective litigation in the following areas:

• Removal and deportation
• Asylum
• Immigration appeals
• FOIA (Freedom Of Information Act) requests

Our lead attorney is a Canadian immigrant who understands your concerns and worries. She has dedicated herself to helping immigrants in the U.S. for over a decade.

Contact Removals Lawyers at Scott CC Immigration Law

Call Scott CC Immigration Law or email us to inquire about our free limited telephone consultations. We have Spanish, Portuguese Korean, Mandarin, Cantonese and French services available. To find the office nearest you please click here.

We will be glad to help you with a family visa, business visas, employment visa, and cases involving adjustment of status, deportation, asylum and other immigration matters.

Our office is open Monday to Friday, 8 a.m. to 6 p.m.; evening appointments available. We have satellite offices in Washington D.C., Virginia and Maryland; Skype ^TM conferences also available. We offer competitive rates; Visa and MasterCard accepted.

The post Deportation, Removal & Litigation appeared first on Scott CC Immigration Law.