Khan Nayyar & Associates, LLC

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Oak Brook IL Immigration Lawyers

Hillside immigration lawyers

Attorneys for Domestic Violence Victims, DACA, and U and T Visas in DuPage County

Immigration is not one size fits all. Depending on the status of an individual and his or her situation, the immigration process may need to be modified to fit the individual's needs. At Khan Nayyar & Associates, LLC, we understand the variety of immigration options one may need which is why we provide immigration services and assistance for children, women, and victims of abuse and crimes. We serve clients in the areas of:

  • Violence Against Women Act (VAWA)
  • Asylum
  • U Visas
  • T Visas
  • Deferred Action for Childhood Arrivals

Victims of Abuse

Foreign victims of abuse and domestic violence in the United States have several available options that allow them to remain in the country:

  • Domestic violence victims. Abused children (unmarried and under 21 years old), parents, or spouses of U.S. citizens may be eligible for green cards based on the VAWA (Violence Against Women Act) provisions in the Immigration and Nationality Act. VAWA allows certain family members of U.S. citizens and green card holders to self-petition for an immigrant visa without the knowledge of the abuser. In addition, abused children (unmarried and under the age of 21) and spouses of green card holders can apply for green cards. If a foreign spouse entered the U.S. under an immigrant visa filed by his or her U.S. citizen spouse, the foreign spouse can end the marriage without risk of deportation.
  • Victims of human trafficking crimes. Individuals who are victims of human trafficking can apply for a T visa. T nonimmigrant status allows victims to stay in the United States to assist in the investigation or prosecution of trafficking crimes. When the victim receives the T visa, he or she can apply for a green card after three years.
  • Victims of criminal activity. Individuals who suffer mental and/or physical abuse from qualifying crimes such as domestic violence, sexual assault, or false imprisonments may be eligible for a U visa. U nonimmigrant status allows victims of qualifying crimes to stay in the U.S. to aid in the investigation and prosecution of the crime they were victims of. A U visa is valid for a maximum of four years. Once the U visa holder has lived in the U.S. for three years, he or she can apply for a green card.

Deferred Action for Childhood Arrivals (DACA)

In 2012, the Department of Homeland Security announced that certain individuals who illegally entered the United States as minor children or entered the country as minor children and their visa is not expired can request to be considered for deferred action. Individuals who receive deferred action will not be deported from the U.S. In order to be considered for deferred action, you must meet the following eligibility requirements:

  • You must have been 15 years or younger when you entered the U.S.
  • You must have been under the age of 31 as of June 15, 2012.
  • You must have resided on a continuous basis in the U.S. since June 15, 2007.
  • You must have been in the U.S. on June 15, 2012, and when you make your request for consideration of deferred action.
  • You must be in school, have graduated or received a certificate of completion for high school, or have received a certificate for general education development. If you do not meet these requirements, then you must be an honorably discharged veteran of the Coast Guard or Armed Forces of the United States.
  • You must not have been convicted of a felony or a notable misdemeanor crime. In addition, you must not have been convicted of three or more general misdemeanors and must not be a threat to the safety of the public or to national security.

Asylum

Individuals can enter the U.S. without an immigrant visa if they are seeking protection from persecution because of their race, religion, political opinions or beliefs, participation in certain social groups, or their nationality. Individuals can receive asylum status through either the affirmative asylum process of the defensive asylum process. The affirmative asylum process is for those who are in the U.S. The defensive asylum process is for those who request asylum to prevent their removal from the United States.

Experienced Immigration Lawyers in DuPage County

At Khan Nayyar & Associates, LLC our compassionate immigration lawyers assist clients with applying for various types of immigration. To schedule a consultation, call us at 630-LAWYERS or contact us online. We serve clients in Oak Brook, Westmont, Elmhurst, and DuPage County.

American Immigration Lawyers Association Chicago Bar Association National Employment Lawyers Association Winnebago County Bar Association
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