Immigration
The White Plains, New York law firm of The Law Office of Mark A. Siesel regularly counsels and represents the residents of Westchester County, the lower Hudson Valley, and all of the New York metropolitan area in a variety of immigration legal matters including:
- Securing the status of permanent residency for individuals, through family based or employment sponsorship.
- Assisting clients in gaining citizenship (marriage to a U.S. citizen, fiance visas, and K-3 visas to the United States and in naturalization matters.
- Defending individuals in removal, inadmissibility and deportation proceedings. Obtaining proper employment authorization and work permits, known as "EAD" (employment authorization document).
- Securing non-immigrant visas for foreign national employees temporarily working in managerial, executive, professional, skilled or specialized positions in various companies and industries.
- Obtaining visas for spouses and members of family.
- Representing clients in areas relating to international inter-company transfers, either permanent or temporary of employees or executives both to the U.S. and for U.S. employees transferring to foreign countries.
- Working with and facilitating the ability of employers who wish to sponsor foreign individuals for more permanent employment positions within their company.
Family Based Immigration
If you have a relative in the United States, we will discuss with you the documents you must file, along with the supporting documents (birth certificates, marriage certificates, divorce judgments or criminal dispositions if applicable. Our firm will then prepare a package for submission to government. If you have a fiancé abroad, we have assist you in the preparation of documents that must be filed with the government, and will also work with you if there are any issues with the U.S. consulate.
If you and your spouse are in the United States, and one of you is a resident of a foreign country marrying a U.S. citizen, we will make sure that you are prepared for the interview which determines whether the non-citizen spouse receives her or his green card. In order to be successful at this interview, in which many personal questions will be asked, you will both be require to show that the marriage is genuine and not entered into solely to obtain immigration benefits. We will provide you with a list of documents you will need for the interview, and review those documents with you to determine their sufficiency. Our firm will review with you the types of questions that you will be asked at the interview, so that you are fully prepared and comfortable with the process. Lastly, we will represent you at the interview to give you the best chance possible to obtain your green card, and ultimately, citizenship.
Naturalization
The White Plains, New York Law Office of Mark A. Siesel provides experienced and knowledgeable representation to our clients in Westchester County, the lower Hudson Valley and all of the New York metropolitan area in preparing the naturalization application on your behalf and appearing with you at the interview. We prepare our clients for success, by providing them with study guides and practice interview questions on United States history which are traditionally asked during the interview. Our firm will monitor and follow the citizenship application while it is pending with the Department of Homeland Security, and make sure our clients are fully aware of the status of the application.
Typical questions at the interview will include the following:
- What are the colors of our flag?
- How many stars are there in the flag?
- What do the stars on the flag mean?
- How many stripes are in the flag?
- What do the stripes on the flag mean?
- How many states are there in the Unites States?
- What anniversary do we celebrate on July 4th?
- Who do we celebrate our independence from?
- What country did we fight during the revolutionary war?
- Who was the first president of the United States?
- Who is our president now?
- Who is our vice president?
- What is the Constitution of the United States?
- What do we call a change to the constitution?
- How many amendments are there to the constitution?
- How many branches are there in our government?
- What are the names of the three branches?
- What is congress?
- Who elects Congress?
- How many senators are there?
- Name the senators from your state?
- How many representatives are there in Congress?
- How long do we elect senators for?
- How long do we elect representatives for?
- How many Supreme Court justices are there?
This is a sampling of 100 questions that could be asked at your interview. In our experience, generally, no more than 10-12 of these questions are asked. However, to maximize your chances for success, we work with our clients to make sure they are ready to answer any of the potential questions.
Labor Certification Overview
A labor certification from the U.S. DOL is generally the first step in the process to with employment-based immigrant visa petitions. In the labor certification process, the employer is stating to the Department of Labor that there are few or no qualified U.S. workers who are available and willing to perform the job duties they are in need of. The employer shows this by testing the job market for the position it claims has a shortage of U.S. workers. This process exists to protect against the possibility of Unites States citizens being displaced by non-citizen workers.
Who needs labor certification?
Most unskilled workers, skilled workers and professional workers need to obtain a labor certification before applying for a green card. There are exceptions for: (1) persons in shortage occupations (registered nurses, physical therapists, and workers demonstrating "exceptional ability" in business, science or arts) as defined by the Department of Labor; and (2) persons demonstrating to the U.S. Citizenship and Immigration Services that they possess extraordinary ability, are multinational executives or managers, or that they are working in the U.S. "national interest." Persons holding such positions, which are considered unique and therefore do not displace American workers, may apply directly to the USCIS for an immigrant visa. Others who may be able to avoid labor certification are some outstanding university and college teachers and researchers in tenure-track positions. Other college teachers and researchers may benefit from a fast-track form of labor certification called "special handling” where we must establish that prior recruitment for a position. If you qualify for one of these expedited categories, we can avoid years of processing time
If you are in need of experienced and skilled representation to obtain legal residency through family based or employment based sponsorship, wish to become a citizen of the United States, or are trying to prevent removal from the United States, please Contact us online or call us at 914-761-7633 for a free consultation to discuss your legal issues or questions about immigration.