Family Based Immigration
The Law Offices of David Kaplan represents U.S. citizens and Lawful Permanent Residents (Green card holders) to help them bring their spouses or fiancées to the U.S. We also help our clients bring their family members (non-spouse). Call us and we will help you find out if you qualify.
If your spouse or family member is outside of the U.S., the process is slightly different and we will help to guide you through that as well. Your spouse will need to go to the U.S. embassy in their home country to complete the process, which is known as consular processing. We will fill out all of the necessary paperwork, and we well prepare you for the consular interview at the embassy.
While our immigration law firm is located in Philadelphia, Pennsylvania, we can assist you all over the United States and all over the world.
Naturalization
This is perhaps the most rewarding thing that we do: we help people become U.S. citizens!
We will help you prepare and file your naturalization application.
Following the application, you will have to attend an interview with the United States Citizenship and Immigration Services (USCIS). We prepare you for this interview so that you are familiar with the process and we will attend the interview with you.
Sometimes people are anxious about applying for naturalization, fearing that they lack sufficient knowledge of English or history to pass the test. We hope to dissuade those fears as you work with us. It’s important for you to know that not only is the test relatively easy, but in some cases, applicants do not even have to take a test or take it in their native language.
Appeals
When the Board of Immigration Appeals denies your case in error, or when your case is taking an usually long time to be decided, we can file a case in federal court to compel the government to act in your case.
We have extensive experience in Appeals to the BIA, Petitions for Review before the Federal Courts of Appeals and and filing Writ of Mandamus and Habeas Corpus requests for relief before the Federal Circuit Courts around the United States.
These cases are complex and require a detailed review of the facts and the law to evaluate the likelihood of success. We have extensive knowledge and more than 25 years of experience evaluating cases and formulating winning strategies for our clients. Best of all, we will give you a straightforward and honest opinion on our first meeting. If there is something to do to resolve your case, we will
Asylum
Asylum is a form of protection offered by the U.S. government to individuals who have a “well-founded fear” of returning to their country of origin because they have been “persecuted” (harmed) in the past or may be persecuted in the future if they return because of their “race, religion, nationality, membership in a particular social group, or political opinion.
”Individuals who are granted asylum are allowed to remain and seek employment in the United States. They may obtain legal status for their children under age 21 or for a non-abusive spouse to remain or join them in the U.S. Those granted asylum can later apply for permanent residence (a “green card”) and, eventually, U.S. citizenship.
not every type of harm makes a person eligible for asylum” or “to be granted asylum. We can help you evaluate the facts of your case to determine whether you may be eligible to apply for protection. Asylum is a rapidly evolving area of the law, and you should get legal help to assess your legal options.
Employment Based Immigration
Lawful permanent residency allows a applicant to work and live lawfully and permanently in the United States. Immigrants who acquired lawful permanent resident status through employment may apply for U.S. citizenship after five years. If you want to help your employees to come or remain in the U.S., call us. We can help.
Special Immigrant Juveniles (SIJ)
If you are in the United States and need the protection of a juvenile court because you have been abused, abandoned or neglected by a parent, you may be eligible for SIJ classification. If SIJ classification is granted, you may qualify for lawful permanent residency (also known as getting a Green Card).
U Visas
A U-Visa is a special type of visa that allows victims of a crime committed in the U.S. to stay if they assist in the investigation and prosecution of the case against the perpetrator of the crime. Victims must be willing to cooperate with law enforcement officials for the U-Visa to be granted. The U-Visa then allows you (and in some cases your spouse, parents and or siblings) to legally stay in the U.S. and eventually apply for lawful permanent resident.
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These visas are often available to victims of spousal abuse. To obtain a U-Visa, there are several steps that need to be taken, and we help make sure that you get all of the requirements met. Beyond the required paperwork, a government entity, also known as the certifying agency, must be involved in this process as well. We help to coordinate all of those parties to prepare and file a successful application.
Removal Proceedings
The government wants you out of the United States. Maybe because you have a criminal history, maybe because you came to the U.S. with a visa and overstayed. Now you have the chance to ask a Judge to let you stay. Your life in the U.S. is on the line. We can help. Call us for an honest assessment of your options and a strategy to resolve your case.
Waivers
If you came into the U.S. without authorization, or if you came in without proper documentation, you may be eligible to apply for a waiver if you otherwise have a basis to stay, and if you have family members that will experience hardship if you are removed to your country of origin.
The “Provisional Unlawful Presence Waiver,” these are available to individuals who entered the U.S. without inspection or who have spent time in the United States without authorization. These individuals may apply for the waiver while in the U.S. If the waiver is approved, you can then go abroad to a U.S. consular office to apply and obtain an immigrant visa.
Contact our office for a consultation to evaluate if a Provisional Unlawful Presence Waiver is a viable solution to your case.