Immigration Law

Immigration Law in Culpeper, VA

Immigration issues are complex and have lasting implications. At Gayheart & Willis PC, we will lead you through the issues you face, whether that involves filing a petition for a family member, obtaining an employment-based visa, representing you before the Immigration Court, filing an application to become a U.S. citizen, or advising you on what is best in your unique circumstances.

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Our areas of practice include all matters of immigration law, focusing specifically on family-based petitions, removal defense, employment-based visas, special immigrant juvenile petitions, and visas for individuals of extraordinary ability. We represent clients before the U.S. Citizenship & Immigration Services (USCIS), which is the agency that grants immigration benefits, as well as before the Immigration Courts, and when necessary, in Federal Court, which has authority over the USCIS.

Family-based visas

A U.S. Citizen or lawful permanent resident (green card holder) may sponsor certain family members through filing an immigrant petition. Once the petition is approved by the USCIS, the application for the green card may be processed. In certain cases, both the petition and green card application may be filed at the same time. Having an attorney prepare and file these applications will greatly help you meet the specific requirements depending on the circumstances of the matter, and we can guide you through this process.

Employment-based visas

Employers may sponsor foreign nationals for temporary work visas (1 to 3 years or more) and permanent work visas by filing a labor certification application through the U.S. Department of Labor. For permanent visas, once the labor certification is approved, the application for the green card may be processed. There are different classification levels for employment-based visas based on the foreign national’s work experience and educational credentials. Individuals of extraordinary ability are the highest employment-based visa classification and do not require the labor certification. We can assist the employer and the foreign national in understanding this process better and in pursuing the best course of action.

Naturalization

Three to five years after obtaining the green card (depending on the circumstances), a foreign national may apply for naturalization to become a U.S. Citizen. There are certain things to be aware of in filing for naturalization and we can discuss these with you and ensure that you are confident with the next steps in seeking to become a U.S. Citizen.

Humanitarian matters

Congress has provided protections for foreign nationals who meet certain legal requirements, some of which are available as defenses when placed in deportation proceedings. For example, a foreign national may apply for asylum based on past persecution or a well-founded fear of future persecution on account of five protected legal grounds (race, religion, nationality, membership in a particular social group, or political opinion), depending on the unique characteristics and circumstances of the matter. In other cases, children who have been abused, neglected, or abandoned may qualify for classification as a special immigrant juvenile. There are many other humanitarian options available and we can discuss these options with you in greater detail.

Immigration FAQs

My petition or application was denied. What other options do I have?

In most instances, you can file an appeal to the Board of Immigration Appeals or the USCIS Administrative Appeals Office to have your case reviewed. These must be filed within 30 days, so it is best to contact an attorney as soon as you can. You may also file a motion to have the matter reconsidered or reopened. In some cases, it may be best to start the process over.
Help! I have been ordered deported by an Immigration Judge for not appearing at my hearing. Is there anything I can do?

You may be able to have the matter reopened if you did not receive notice of the hearing due to no fault of your own or if there were exceptional circumstances that prevented you from attending. Contact our office as soon as possible to discuss these options.
How do criminal issues affect my immigration matters?

There can be serious immigration consequences for criminal issues even if no jail time is given with a guilty plea. It is best that you or your defense attorney contact an immigration attorney to ensure that you do not face any negative consequences later on.