Immigration Law

Attorney Dehghani represents clients in all types of immigration case, such as deportations (including criminal related deportation cases), family and work visas, consular processing, labor certifications, citizenship applications and permanent residence (green cards) based on family and employment applications. Attorney Dehghani was legal counsel on two precedent setting immigration cases.  The first case was Ruiz v. Mukasey, 552 F.3d 269 (2nd.Cir.2009), which was decided in the United States Court of Appeals in the Second Circuit.  That case established jurisdiction in the District Courts for visa denials by the United States Citizenship & Immigration Service (“USCIS”).  The other case was Bartolini v. Ashcroft, 226 F.Supp.2nd 350 (D.Conn. 2002).  That case established jurisdiction for mandamus cases within the District of Connecticut.  A Mandamus is a lawsuit filed to compel a government agency (in this case the USCIS) to issue a decision on a pending case.  Prior to the Bartolini case, the Government would challenge the Court’s jurisdiction in the District of Connecticut to hear mandamus actions.  Those challenge stopped following the decision in Bartolini.  We have had other remands  for our clients from the United States Court of Appeals for the Second Circuit such as Llanos-Fernandez vs. Mukasey and most recently in Hernandez vs. Holder and Londono Jaime vs. Holder.

Attorney Kevin E. Dehghani is admitted to the Bar of the State of Connecticut. However, due to the federal nature of immigration laws, we can practice immigration law anywhere in the United States. Due to the complicated and ever changing nature of immigration laws, we always advise that you see an experienced immigration lawyer when you encounter any immigration issues, or when you decide to file any immigration application or petition. Our immigration practice includes the following:

Deportation

For those who are in deportation (Removal) proceedings, we promise to do our best to secure them bond, if they are legally eligible for bond, so that they are released pending the resolution of their cases. Additionally, we promise our clients who are in deportation (Removal) proceedings that we will leave no stone unturned in seeking legal means by which they may end their deportation case and remain in the United States. Removal cases are complicated. Individuals in Removal proceedings may be eligible for cancellation of Removal depending on the length of their stay in the United States, their legal status and whether or not they have any immediate relative in the United States who is a U.S. citizen or a legal permanent resident (Green Card holder) of the United States. In some cases, and depending and permanent residence depending on their length of stay and family / employment ties in the United States.

Family Based Visas & Green Cards

Perhaps the most common ways of immigration in the United States is through family based immigration. If you are not a citizen of the United States, are an immediate family member of a United States citizen, entered the United States legally and have not been convicted of certain category of crimes, you are, in all likelihood, eligible to permanent residence (green card) in the United States. Even if you entered the country illegally, but an immigration application was filed for you before April 30, 2001, you may still be eligible to adjust status to a permanent resident; however, these cases are more complicated and a consultation is required with our office before we can render an opinion as to your eligibility. If you are not an immediate relative of a United States citizen, but rather fall under a different immigration definition of relative, you may still be eligible adjust status to a permanent resident; however, a consultation is required with our office before we can render an opinion as to your eligibility. Please also bear in mind that the visa availability dates for non-immediate family members are usually very long. EB-5 Investment visas Our firm represents clients in the immigration investor visa, more commonly known as the EB-5 visa.This type of an immigrant visa is available for the following individuals under following conditions. (source: USCIS)

  1. Who establish a new commercial enterprise by:
    • creating an original business;
    • purchasing an existing business and simultaneously or
    • subsequently restructuring or reorganizing the business such that
    • a new commercial enterprise results; or
    • expanding an existing business by 140 percent of the pre-investment number of jobs or net worth, or retaining all existing jobs in a troubled business that has lost 20 percent of its net worth over the past 12 to 24 months; and

    Who have invested — or who are actively in the process of investing — in a new commercial enterprise:

    • at least $1,000,000, or
    • at least $500,000 where the investment is being made in a “targeted employment area,” which is an area that has experienced unemployment of at least 150 per cent of the national average rate or
    • a rural area as designated by OMB; and
  2. Who have invested — or who are actively in the process of investing — in a new commercial enterprise:
    • at least $1,000,000, or
    • at least $500,000 where the investment is being made in a “targeted employment area,” which is an area that has experienced unemployment of at least 150 per cent of the national average rate or
    • a rural area as designated by OMB; and
  3. Whose engagement in a new commercial enterprise will benefit the United States economy and:
  4. create full-time employment for not fewer than 10 qualified individuals; or
  5. maintain the number of existing employees at no less than the pre-investment level for a period of at least two years, where the capital investment is being made in a “troubled business,” which is a business that has been in existence for at least two years and that has lost 20 percent of its net worth over the past 12 to 24 months.

Visas in General

Our office represents clients in obtaining, changing or extending nonimmigrant visa categories such as visitor’s visas, student visas and J visas, including waivers of foreign residence requirements, which usually come with the J-1 category visas. This means that if you arrived here on a J-1 visa that was a part of a program that was sponsored by your home country, you will have to leave the United States and remain outside of the country for two years before you are eligible to adjust status to a permanent resident. If you wish to change your visa from one category to the other, or if you wish to extend your stay under the same category, it is imperative that you contact us as soon as possible so that we can begin work on preparing your application in time so that you do maintain legal status in the United States while your application is pending with the U.S. Citizenship and Immigration Service.

Naturalization

We are proud to represent those who wish to become citizens of this great country. We represent clients in all aspects of naturalization application from start to finish, including those applicants whose cases are a bit more complicated than others. Specifically, we represent clients who need waivers of history and English exams due to their age or medical disability. Additionally, we assist those with criminal convictions in overcoming obstacles to naturalization due to their criminal history. We also represent clients in appeals of denials of naturalization.

Employment Based Visas and Green Cards

Our office represents clients in all types of employment based visas, such as labor certifications, H-1B for Bachelors or graduate degree applicants, L-1A’s and L-1B’s, NAFTA, O, E and P class visas from the beginning to end. We work with employers, large and small in streamlining the immigration side of their foreign recruitment needs and to bring their desired employees to the United States without having to worry about the confusion and frustration that is often associated with dealing with government and immigration bureaucracy.