PracTice Areas

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 Here at the Law Office of Vanessa Zwaik we love bringing families together through consular processing or adjustment of status in the United States. We are  experienced in finding ways to bring peace of mind to families who have been living a part or who are living with the daily stress of being undocumented. Whether it is through military parole in place, 601A waivers, fiancé visas, 245(i) petitions, or just a simple family based visa- we will explore every possible option for you and your family.

Our firm has represented thousands of individuals applying for adjustment of status at our local USCIS offices and pride ourselves on our reputation with these local offices. Our key to a successful application is not merely the filing of a proper application but also preparing our clients for the immigration interview and attending those interviews with our clients.

 Obtaining your citizenship is often the last step of a long and arduous process. Not only does citizenship bring the benefit of a U.S. passport and the comfort to travel without restrictions but it also grants you the right to vote in the U.S. A right that is the fabric of American society. Although many of our clients often enjoy a simple naturalization process we understand the complexities that often accompany a naturalization application. Whether it is past arrests, frequent travel, tax issues, medical waivers, or prior issues with a green card application we will anticipate these issues and be prepared for whatever the interview will bring.

 Men, women, and children who suffer abuse from their spouses or parents can be eligible for a green card either through: 1) a battered spouse petition if the abuser was a permanent resident or USC and they were legally married to the abuser; or 2) through a U visa if they reported the crime and were helpful in the prosecution of the abuser. A battered spouse petition is the preferable route as it can lead to a green card within a year of filing. 

 SIJ protects children who come to the United States alone or who came to the U.S. with their parents but have been the victims of abuse, neglect, or abandonment by one or both of their parents. These cases are very common among minors and we have a lot of experience dealing with every step in the process. When a child is in this position, it is often because they have gone through something very traumatic.  Obtaining legal status in the U.S. can be a major step towards healing.   These cases require going to Family Court and waiting for a visa to become available if you are from El Salvador, Guatemala, Honduras, or Mexico but it is often a path to a green card for young people who have no other option. A child granted SIJ can return home after obtaining permanent residency but can never petition for either parent, including the custodial one.  

 It feels like the asylum laws change by the day in this country. Sadly, being persecuted, attacked, threatened, or otherwise victimized in your home country is often not enough to be granted asylum. There are many other factors that must be considered including the cause for the harm, whether the government is able and willing to protect you, or if you are able to relocate within your country. We pride ourselves on staying on top of the newest laws and latest developments. Our personal attention to our clients and their cases often sets us apart from other firms. Knowing the particulars of our clients’ histories helps us ensure that their cases fit into the nuances of asylum law. 

If granted asylum the successful applicant can obtain asylum for a spouse or any children under 21 even if the relative is outside the US. In addition, a successful asylee can apply for a green card a year later and apply for the U.S. citizenship four years after obtaining their green card.

The failure to file asylum within one year of your entry can limit the applicant to the lesser relief known as Withholding of Removal. This relief provides the benefit of work authorization and will prevent you from being deported but will not lead to a green card and will not allow you to sponsor your relatives.

 Often clients will come to me asking about a “ten-year case”. These cases are called cancellation of removal and require you live in the United States for ten years and have immediate US Citizen or Permanent Resident family members who will suffer extreme harm if you are removed from the U.S. This relief can only be applied for as a defense from removal proceedings. That means you must be in front of an immigration judge already before you can apply. Although many attorneys were attempting to file for this relief by filing for asylum and then placing their clients in removal proceedings it has left many individuals in precarious positions and unsure of their prospects in the U.S. 

 Significant foreign investments in the U.S. can result in immigration status for the investor, the investor’s family and, in some cases, the investor’s employees. But the rules are constantly changing, and in every case, they are becoming more stringent. Larger investments (known as EB-5) may result in a green card for the investor and their family, while smaller investments of less than $200,000 (known as E-2 or treaty investors) can result in a temporary non-immigrant visa that can be renewed indefinitely as long as the business remains viable. Critical changes to the EB-5 program went into effect on November 21,2019 that have prevented many investment opportunities.