Zwaik, Gilbert & Associates

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Immigración con Zwaik, Gilbert & Associates.

Immigration with Melinda Rubin Team

No de su informacion personal por telefono. NUNCA envie fotos de su ID o de su SEGURO SOCIAL. Ningun Oficial de Immigracion le pedira jamas esos datos por telefono. Si tiene alguna duda llamenos y envienos los numeros para nosotros informar a la policia.

Uno es eligible para el DACA si: 1. Si al 15 de junio del 2012 tenia menos de 31 años 2. Entro a los Estados Unidos antes de que cumpliera 16 años. 3. Ha vivido continuamente en los Estados Unidos desde junio 15, 2007 hasta la fecha.... 4. No tenia estatus legal en junio 15, 2012. 5. Estaba presente en Junio 15, 2012 y al momento de presenter su solicitud. 6. Actualmente se encuentra en la escuela o ha culminado la High School, ha obtenido un (GED) o ha sido dado de baja honorablemente como veterano de la Guardia Costera o de las Fuerzas Armanas de los Estados Unidos. 7. Finalmente no tener una condena por alguna Felony, un significant misdemeanor o tres misdemeanor y no significar alguna amenaza para la seguridad nacional o publica. See more

ATTENTION ALL: The United States Supreme Court ruled today that the Trump Administration could not immediately end the DACA program. Seven hundred thousand Dreamers are now safe from deportation and can continue to receive employment authorization and apply for travel permission! The DACA program, created by former president Barak Obama by executive action, allows young people who were brought to the U.S. as children to stay legally in the U.S. The ruling said the gover...nment failed to give an adequate justification for ending the federal program. The attempt to end the program was not only devastating to current DACA holders but also to countless newly eligible young people and many businesses that rely on DACA employees. Thousands of DACA recipients are serving on the front lines in the coronavirus pandemic as doctors, nurses, paramedics and other health care workers; losing their services would be devastating in the current pandemic. This ruling does not stop the President from trying to end the program again by following proper procedures but is unlikely in this election year. If Trump is defeated for re-election, the threat will be over. Finally, some good news for immigrants. Let’s savor it! If anyone has any questions or concerns please do not hesitate to contact us! WE ARE OPEN & HERE TO HELP

Ofisimizden önemli bir mesaj var!!

Un Mensaje Importante de Nuestra Firma! #mantenteinformado

An Important Message From Our Firm #stayinformed#staysafe

Today we were at Suffolk Community College! Counseling Immigrants, Growing America!

Partner of the firm & One of the Best Litigation Attorneys Michael Gilbert won an asylum case last week in NY Immigration Court.

ASYLUM UPDATE! - Please Listen, if you have any questions or concerns please contact our office: 631-588-4040. We are here to help!

The BNI Long Island chapter has been growing at an amazing pace we’ve been swearing in new members every week for the last month! With every new member, the n...umber of potential opportunities for collaboration and cross-pollination of ideas grows exponentially! In this photo, BNI’s Michael Ferruggia (of Ferruggia & Calisto, LLP) swears in James Colao (from Safeguard Roofing Siding & Windows) and Mitchell Zwaik (immigration lawyer from Zwaik, Gilbert & Associates). #BNI #NetworkingLongIsland #LongIslandBusiness

Important News For Our Children!! ; For More Information Contact Us 631-588-4040

Cancellation Of Removal Cancellation of Removal, often referred to as the 10-year hardship cases, can be an important pathway to permanent residency for certain qualifying applicants. The most important concept to remember is that you can only exercise this right in Removal (Deportation) proceedings and the denial of the application will result in a deportation order. These applications are based on the premise that you have lived in the US for at least 10 years and your de...Continue reading

Investor Visas Both large and small investors can obtain immigration benefits to live in the United States along with their spouses and minor children. Smaller investors in an active business may be entitled to temporary non immigrant visas that can be renewed indefinitely as long as the business remains viable. Larger investors may be entitled to a green card for themselves and their family. Although these are very complicated matters requiring the help of an experienced imm...igration attorney, we can summarize these visas as follows: E2 TREATY INVESTORS. The Treaty Investor category, allows foreign companies and smaller individual investors to transfer the investor or a key employee for the investing company to the US to direct the business US provided the following: The US has an investment treaty with the investor’s country. That treaty country list is a long one but does not include any of the BRIC countries (Brazil, Russia, India, or China). The amount investment is substantial. The amount of the investment (the first question we are usually asked) is the most difficult to answer. We rarely accept investments of less than $100,000 and even that may not be enough. Ultimately it depends on the nature of the business and the amount of funds that will be required to make the business viable. (An investment is in a convenience store will be less than an investment in a manufacturing plant.) The investment cannot be marginal. This means it cannot be solely to earn a living for the investor and his family. The investment funds must be your personal funds and can be obtained by any legal means including your income, a gift, inheritance, the sale of property or a personally secured loan. If the investor is a business, the funds must be the funds of the business and the business must have the nationality of a treaty investor company. The investment does not have to be cash. An investment of manufactured goods, for example, is acceptable. As the investor, you (or your foreign company) must own a controlling interest in the US business which generally means owning 51% of the corporate stock or partnership interest. The investment must be at risk. This means the investment amount must be spent and not merely sitting in a bank account. (Although, putting the funds in an escrow account is acceptable pending the approval of the E visa.) Contact Us Here: RONKONKOMA OFFICE 5014 Express Drive South, Ronkonkoma, NY 11779 Tel: 631-588-4040 Fax: 631-588-7175 Email : [email protected] BROOKLYN OFFICE 48 Willoughby Street, Brooklyn, New York 11201 Phone : 631-588-4040 Fax: 631-588-7175 Email : [email protected]

SOLVING THE WAITING GAME: MANDAMUS ACTIONS Perhaps the single most important requirement for a successful immigration application is- patience. Long delays are a regular part of the process and these waits can stretch out for many months, or even years. A US citizen seeking to sponsor a sibling can expect a wait of more than 10 years; an asylum applicant can expect to wait more than 2 years before the initial interview with an asylum officer and in most parts of the country, ...a hearing before an immigration judge, if required will take an additional 2-4 years. Some of these delays are actually the result of waiting periods required by law. So, for example, there is an annual cap on the number of green cards issued in most preference categories. If you are filing for an employee or a family member in any of these categories, (like the sibling category mentioned above) you will need to get in line behind everybody who has already filed in that category (or preference.)Other delays are the result of processing times which are a normal part of the adjudication process. So, for example, if you have filed an I-130 petition for a family member and the current processing times (as published by DHS) is 8 months, you can anticipate that it will take at least 8 months for a decision on your application. In the absence of an extreme emergency, there is no way to jump the line and move ahead of other, previously filed applications. Occasionally, delays stretch far beyond the required waiting periods or the normal processing times. This may happen if DHS is investigating your case because of suspected errors or fraudulent documentation. In some areas of the world where terrorist or criminal activities are common and names are similar, the delays may be caused by security investigations. In other situations, however, these delays are unacceptable and are the result of officer neglect, laziness or actual incompetence. When this happens and the delays extend well beyond the norm, we often recommend going into federal court to get a judge to order the Service or the consulate to adjudicate your case promptly. These cases are called Mandamus actions and can be very effective under the right circumstances. A mandamus action commands the government to decide your case, it does not command the government to approve your case and if your case is without merit, a mandamus case will likely result in a quick denial. A mandamus action is a serious (and expensive) federal lawsuit and should not be undertaken unless all other efforts to resolve your case have failed. Contact Us Here: RONKONKOMA OFFICE 5014 Express Drive South, Ronkonkoma, NY 11779 Tel: 631-588-4040 Fax: 631-588-7175 Email : [email protected] BROOKLYN OFFICE 48 Willoughby Street, Brooklyn, New York 11201 Phone : 631-588-4040 Fax: 631-588-7175 Email : [email protected]

SPECIAL IMMIGRANT JUVENILE (SIJ) SIJ is a program that allows victimized youths from broken families to remain in the US and obtain permanent residence. To qualify, the youth must be under 21 and (1) the child is declared to be a dependent by a state juvenile court (2) and cannot be reunified with one or both parentsdue to the parent’s abuse, neglect, abandonment of the child (3) and it is in the best interest of the child not to be returned to his parent’s country of nationa...lity. In many states, including New York, the child can be living with one parent in the US and the other parent can also be living in the US as long as the absent parent is guilty of abuse, neglector abandonment of the child. By far, the largest number of children who qualify for SIJ are from countries in Central America where they are also fleeing persecution at the hands of gangs with government acquiesce. The choice between asylum and SIJ will depend on the facts of each case, but the decision can have major consequences. A child granted asylum may have difficulty returning to his home country but can often petition for one or both parents when the child later becomes a US citizen. A child granted SIJ can return home after obtaining permanent residency but can never petition for either parent, including the custodial one. Contact Us Here: RONKONKOMA OFFICE 5014 Express Drive South, Ronkonkoma, NY 11779 Tel: 631-588-4040 Fax: 631-588-7175 Email : [email protected] BROOKLYN OFFICE 48 Willoughby Street, Brooklyn, New York 11201 Phone : 631-588-4040 Fax: 631-588-7175 Email : [email protected]

Litigating Asylum Claims after Matter of AB In Matter of AB, Attorney General Jeff Sessions reversed matter of ARCG which established the particular social group of Guatemalan women who are unable to leave their husbands. This particular social group paved the way for victims of domestic violence who are trapped in the culture of machismo in Latin America to seek and gain asylum in the United States. In the dicta of this case Sessions also questioned the viability of claims...Continue reading

NATURALIZATION& CITIZENSHIP AT BIRTH Naturalization is the process by which a permanent resident becomes a US citizen. An individual must be at least 18 years of age to apply for naturalization. However, some children, below the age of 18, become US citizen automatically, either at birth, or through the later actions of a parent who is or becomes a US citizen. This last group- requiring the actions of a parent- is extremely complicated and often ties officers, attorney and ev...Continue reading