IMMIGRATION

Status Adjustment

Adjustment of Status is the process of changing an individuals’ immigration status to that of a lawful permanent resident inside the United States. Consular Processing is the process of applying for an immigrant visa at a U.S. Consulate abroad and entering the U.S. as a permanent resident. Sometimes determining which path to take is pretty straightforward, but at other times, a complex legal analysis is needed.

Keep in mind that each case is unique and each case includes particular facts that determine the right legal strategy for your case. We recommend that you consult an experienced immigration attorney before moving forward with your case.

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NATURALIZATION

Naturalization is the process by which foreign nationals are granted U.S. citizenship and receive full rights and protections under the U.S. Constitution and laws, including the right to vote. Citizenship is the ultimate goal we strive for when working with non-citizen clients. There is no greater reward for us as attorneys than to witness our clients’ goals manifest into reality. It’s a special moment we are honored to share with you. Hundreds of immigrants have walked through our doors without a driver’s license or work permit, fearful of deportation; we’re always proud to help them become citizens of our country so they can enjoy the American Dream.

Eligibility Requirements for Becoming a Naturalized U.S. Citizen:

Permanent residence status for at least four years and nine months prior to applying for citizenship or two years and nine months if residency obtained through marriage and you are still married and residing together. Exceptions apply for members of the Armed Forces.
Continuous residence in the United States for the applicable statutory period.
Good moral character.
Basic English language skills and ability to prepare for the civics and history test. Exceptions apply if a severe learning disability is present or if the applicant meets a certain age and length of residency threshold.
Support of the U.S. Constitution.
Willingness to bear arms to defend the United States.

Criminal issues and other moral character concerns, such as child support issues or owing taxes, may affect eligibility for naturalization. If you have ever been arrested, cited, detained, or charged with or convicted of any crime or offense, it is extremely important to consult an immigration attorney before submitting your application. At Castan, Lecca & Boeschen, we provide exceptional services that span both the criminal and immigration fields of law.

DACA

DEFERRED ACTION FOR CHILDHOOD ARRIVALS)

The DACA program became effective on June 12, 2012, granting certain immigrants protection against removal from the United States. It also granted other benefits, such as employment authorization and the opportunity to obtain a Social Security number and driver’s license. You are eligible for this type of deferred action if the following seven qualifications apply to you:

Were under the age of 31 as of June 15, 2012.
Came to the United States before reaching your 16th birthday.
Have continuously resided in the United States from June 15, 2007 to the present.
Were physically present in the United States on June 15, 2012 and when you applied for deferred action with USCIS.
Had no lawful status on June 15, 2012.
Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States.
Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

NONIMMIGRANT VISAS

In contrast to immigrant visas, nonimmigrant visas only allow an individual to enter the country for a specific, limited period of time. A wide variety of nonimmigrant visas exist, including the lesser-known visitor, student, and work visas. Consult an immigration attorney at Castan, Lecca & Boeschen if you are interested in temporary travel to the U.S. or in changing/extending your current nonimmigrant status.

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IMMIGRATION-RELATED SERVICES

Crimmigration

If you are a non-citizen with a criminal charge, you face higher stakes and harsher consequences—even if the charge is minor. We know that this can be a daunting situation for anyone, but a criminal attorney who does not have expertise in immigration law will not be able to fully evaluate how your criminal case will affect your immigration status. At Castan, Lecca & Boeschen, we understand the complex intersection of immigration and criminal law and are ready to assist you in this process. The best thing you can do if you are faced with this situation is to hire an attorney who uniquely understands both immigration and criminal law. Our attorneys’ knowledge and experience in dealing with U.S. immigration laws and representing non-citizens in misdemeanor criminal cases allows them to evaluate cases from all sides and provide clients with the comprehensive representation they deserve. Reach out to us for more information.

Family Law

The values of family unity and children’s best interests have historically driven immigration policy, so immigration and family law are often closely intertwined. Family law, however, is mainly a states’ issue, while immigration law is strictly federal. This means that most non-citizens facing family issues need to consult two different attorneys. When you choose Castan, Lecca & Boeschen, you have representation across several fields of legal practice. Because members of our team specialize in these areas, they’re able to adeptly evaluate all the risks and consequences that non-citizens face in court. It is crucial to have an experienced attorney on your side during this complicated process.

Atlanta & Norcross Practice Areas