WHY
CHOOSE US
CHOOSE US
Many thanks to the integrity and bravery of Judge John McConnell of the District Court of Rhode Island for this decision striking down USCIS’ rule to stop processing applications from nationals of 39 countries for nothing more than their place of birth.
“But the rule of law has to apply to everyone equally and, as evident here, USCIS has neither “followed the law” nor “done things the right way.” Indeed, the agency has violated the very immigration laws that Congress has charged it with administering…. In enacting its latest immigration policies, USCIS: claims statutory and regulatory authority that it does not possess; makes decisions without the reasoned explanations
that it must provide; acts without regard for the reliance interests of applicants that it must consider; and justifies its actions with pretextual concerns of “national security” that mask anti immigrant sentiments that it is forbidden from letting influence its decision-making. In legal terms that means USCIS’s actions are contrary to law and arbitrary and capricious.”
Who does this impact? One example – countless healthcare workers born in Haiti who’ve lived and worked in this country for more than 10 yrs may finally get work permit renewals approved by USCIS and go back to work.
On May 21, 2026, USCIS issued a policy memorandum (PM-602-0199) that impacts applicants for adjustment of status in the United States. See the memorandum here.
This memo affects:
This memo does not affect:
The PM characterizes the guidance as “longstanding approach” which suggests it will be applied to cases that are currently pending, not only cases filed after May 21, 2026, but it is not clear at this time.
This memo is not a categorical ban on adjustment of status applications filed by individuals inside the United States. Instead, it aims to expand the application of a favorable exercise of discretion through heightened consideration of “negative factors,” which ultimately would undermine statutory requirements. Federal statute explicitly authorizes approval of applications even when an applicant has “negative discretionary factors,” which include:
Other negative discretionary factors mentioned in the memo include:
The memo claims it is “reminding its officers and the public” that adjustment of status is “a matter of discretion and administrative grace,” authorizing denial of applications when negative factors outweigh positives. But while discretion has always been part of the application process, discretion cannot nullify statutory eligibility explicitly enumerated within the statute, such as unauthorized employment or failure to maintain a lawful non-immigrant status in certain instances.
The Memo goes further to characterize adjustment of status (obtaining permanent residency in the United States) as subordinate to the “regular” immigrant visa process (where one applies for permanent residency outside the United States at a U.S. embassy), which is another fiction.
This intent of Congress enacted by INA §245 for decades has recognized adjustment of status as an independent means of obtaining lawful permanent residency, separate from the immigrant visa process. Moreover, adjustment under INA §245 in many instances explicitly forgives unauthorized employment, failure to maintain a status and violation of non-immigrant status. The Memo also fails to mention several cases that hold that adjustment of status should be granted to immediate relatives of US citizens in the absence of any adverse factors, or even where the negative factor of preconceived intent to immigrate permanently through a non-immigrant entry is present. USCIS’ omission of binding precedent is disingenuous at best.
The PM seeks to contravene the INA by declaring certain factors within the reach of discretion when they are enumerated in the statute. It ignores that several of the above negative “factors” are explicitly addressed in the statute and whether to exercise discretion favorably should only be considered after application of the statutory framework.
For instance, INA §245 does not require that an applicant continue to maintain a lawful non-immigrant status after filing the application, but the PM suggests that one risks denial as a matter of discretion for failure to do so. As a result, when possible, applicants for adjustment of status can best mitigate risk by continuing to maintain a lawful non-immigrant or parole status when possible, even after filing an adjustment of status.
The statute and implementing regulations often permit approval if one was in a status when filing the application. INA §245(a),(c). For immediate relatives of US citizens (spouses, parents and children of a US citizen), if the applicant was lawfully admitted, inspected or paroled, she can be approved even when no longer in a status at the time of filing the application. For trafficking victim and crime victim categories, the statute permits adjustment to a permanent resident when not lawfully admitted inspected or paroled upon entry to the United States.
For both family-based and employment-based applicants, one can be approved even with a period of unauthorized employment or failure to maintain a non-immigrant status (180 days for employment based (See INA §245(k)), or indefinitely for certain family-based applicants (See INA §245(a),(c)) before reaching discretion and administrative grace.
Committing fraud in an immigration process is a serious negative factor, recognized by Congress; it has been a ground of inadmissibility addressed specifically in the statute for decades. The INA authorizes a waiver for such conduct if a hardship would result to a US citizen spouse or parent (INA §212(i)), but almost no waiver is available for making a false claim to US citizenship. See: INA §212(a)(6)(C)(i), and (ii). Where there is fraud to procure an immigration benefit, discretion only comes into the analysis after an applicant meets her burden of proof on a waiver, if available. By lumping immigration fraud into the same bucket as the other “discretionary factors” mentioned, the Memo again seeks to re-write the law and expand “discretion” over and above what Congress intended explicitly in the statute.
The Memo reminds officers that they must weigh all relevant factors — not just the negative ones. Positive factors that can strengthen your case include:
Therefore, applicants should add evidence to support positive factors, especially if negative factors are present. If you are an existing client, we will let you know if additional evidence is needed for your case.
Think of the adjudication process less like a checklist and more like a scale. On one side sit everything that could count against you and on the other side are factors in your favor. The officer’s job is to look at both sides and decide if positive equities merit a favorable exercise of discretion.
It is not yet clear how this PM will be applied as no specific guidance has been issued, but we recommend the following:
One important point in the Memo: if USCIS denies your AOS application based on a discretionary decision rather than failure to meet statutory eligibility, the officer must now provide a written explanation showing which negative factors outweighed the positive ones and why. This matters because it creates a clearer record if you want to appeal or refile with better evidence.
By: Renee Hykel Cuddy, Esq. and Tamunotonte Fenny, Esq.
¹INA §245(a),(c).
²USCIS’ own Policy Manual talks about adjustment of status as a primary means of obtaining permanent residency; specifically, (Vol. 7, Pt. A, Chpt. 1 – Purpose and Background | USCIS), states: the “Congress created the adjustment of status provision to enable certain aliens physically present in the United States to become LPRs without incurring the expense and inconvenience of traveling abroad to obtain an immigrant visa. Congress has added additional adjustment of status provisions to: ♣ Ensure national security and public safety; ♣ Advance economic growth and a robust immigrant labor force; ♣ Promote family unity; and ♣ Accommodate humanitarian resettlement.
³Matter of Arai, 13 I&N Dec. 494 (BIA 1970); Matter of Lam, 16 I&N Dec. 432 (BIA 1978).
⁴Matter of Cavazos, 17 I&N Dec. 215 (BIA 1980); Matter of Ibrahim, 18 I&N Dec. 55 (BIA 1981).
⁵Failure to recognize binding legal precedent violates the rules of professional conduct for lawyers and can lead to licensure sanction or disbarment.
⁶This statute is designed to encourage victims of these heinous crimes to come forward to assist law enforcement to make our country safer and therefore forgives unlawful entry and/or failure to maintain a lawful status, if ever held.
Please join us in congratulating Renee Hykel Cuddy, Esq., OLY for her selection to the 2025 Pennsylvania Super Lawyers List!
She has been awarded the honor for five consecutive years for her excellent work in immigration law!
The term “sanctuary city” is often used in discussions about immigration, but its definition can be unclear. If you live in Philadelphia or are considering moving there, you may wonder what it means for the city to be a sanctuary and how it might affect you. Here at Hykel Law, a leading immigration law firm in Philadelphia, we can provide legal guidance on Philadelphia’s sanctuary city policies..
A sanctuary city is typically a jurisdiction that has adopted policies or ordinances designed to protect undocumented immigrants from deportation. This means that unless Immigration and Customs Enforcement (ICE) obtains a judicial warrant, local law enforcement will not detain individuals based solely on their immigration status. Sanctuary cities are a means to keep the immigrant community engaged and trustful of law enforcement. If immigrants are chilled from cooperation with law enforcement, research shows that communities become less safe.
While the term “sanctuary city” does not have a uniform legal definition, most sanctuary cities are characterized by the following actions:
Philadelphia is often identified as a sanctuary city due to its policies related to immigrant protection and limits on cooperation with ICE. The following verified information clarifies the city’s stance:
What A Sanctuary City is Not
Philadelphia does not allow immigrants to commit crimes and walk free. If people commit crimes that warrant arrest and detention under state law, that is exactly what the Philadelphia Police Department will do to keep communities safe. A common misconception of Sanctuary Cities is that people think immigrants are free to commit crimes with no consequences. Nothing could be further from the truth. If Pennsylvania criminal law requires that a person who engaged in criminal conduct be arrested and denied bail, that is what will occur.
Additionally, Philadelphia does not completely refuse to cooperate with federal authorities. The city will cooperate if a criminal warrant is issued.
In short, Sanctuary Cities like Philadelphia keep communities safer by not chilling immigrant communities from cooperating with law enforcement by serving as witnesses to crimes or offering victim testimony.
For immigrants in Philadelphia, the sanctuary policies provide significant protections, though there are limitations. Here’s what you need to know:
Protection from ICE Detainers
One of the main benefits of Philadelphia’s sanctuary city policies is the protection from ICE detainers. An ICE detainer is a request from U.S. Immigration and Customs Enforcement to local law enforcement to hold an individual beyond their scheduled release date, providing ICE more time to take that person into custody for immigration enforcement purposes. In Philadelphia, local law enforcement generally will not honor these detainer requests unless there is a judicial warrant.
This means that if an immigrant is arrested for a minor offense or simply being in the wrong place at the wrong time, they are less likely to be detained for deportation purposes unless there is a legitimate criminal warrant against them. Philadelphia’s refusal to honor ICE detainers without a warrant aims to foster trust between immigrant communities and local law enforcement. Immigrants can feel more secure in interacting with local authorities without the fear that a minor legal issue will lead to deportation. This policy encourages immigrants to report crimes, cooperate with investigations, and seek help when they need it—all of which contribute to greater public safety in Philadelphia as a whole.
However, it is important to note that these protections are not absolute. ICE can and does conduct enforcement actions within Philadelphia, and individuals with serious criminal records are still at risk of being detained and deported. Immigrants with any prior criminal issues should seek the guidance of an immigration lawyer in Philadelphia to understand their risks and rights.
Law Enforcement Interactions
Philadelphia’s policies also limit the circumstances in which local police can inquire about an individual’s immigration status. Under these policies, police officers are prohibited from asking about an individual’s immigration status during routine interactions, such as traffic stops, unless there is a specific legal reason. This protection helps to reduce the fear of being targeted for immigration enforcement simply because of an encounter with law enforcement.
By removing the threat of immigration-related questioning during routine interactions, immigrants in Philadelphia are more likely to feel comfortable engaging with law enforcement, whether to report a crime, cooperate in an investigation, or seek protection from a dangerous situation. This increased level of trust between immigrant communities and local police helps to make neighborhoods safer for everyone.
In addition, this policy also ensures that police resources are directed towards addressing public safety rather than immigration enforcement. Local law enforcement officers are not immigration agents, and their primary duty is to protect and serve the community. By keeping immigration enforcement separate from local policing, Philadelphia helps ensure that law enforcement can focus on protecting public safety without causing fear within immigrant communities.
Access to Legal Resources
Immigrants in Philadelphia can access various forms of legal assistance, including help with asylum applications, family-based immigration cases, business visa applications, and immigration appeals. Hykel Law can help individuals understand their rights, explore their legal options, and represent them in court or before immigration authorities. Having access to quality legal support can make the difference between staying in the United States and facing deportation.
For individuals with a criminal history or those who have previously been ordered removed, the risk of deportation remains. In these situations, it is essential to consult with an immigration attorney in Philly to understand the specific risks and develop a plan to protect one’s legal status.
Philadelphia’s policies provide a degree of protection for undocumented immigrants, but the immigration process remains complex. Whether you’re seeking to stay in the U.S. on a temporary visa, facing deportation, or seeking permanent residency, it is crucial to be represented by a skilled immigration lawyer in Philadelphia.
We understand the unique challenges that immigrants face at Hykel law. Our firm offers tailored solutions to meet your specific needs. Don’t face the immigration process alone—contact us today to learn more about how we can assist with your case.
If you’re waiting on a decision from U.S. Citizenship and Immigration Services (USCIS), you know how frustrating it can be when the processing times drag on far beyond the expected wait. It can feel like your life is on hold, whether you’re waiting for a work permit, green card, or a visa petition approval. The good news is, there are actions you can take to address delays, and in some cases, legal intervention may be necessary to get the ball moving again.
A common course of action for those facing lengthy delays is filing a Writ of Mandamus, a legal mechanism that can help force USCIS to take action on your case. If your case is pending longer than the standard processing time or you’re just frustrated with the wait, contacting a skilled immigration lawyer can make all the difference in speeding up the process.
Before taking action, your immigration attorney will check USCIS processing times for your specific form type and service center. These are available online at USCIS Check Processing Times. USCIS considers a case outside normal processing if it hasn’t been adjudicated after the listed timeframe and you haven’t received a Request for Evidence (RFE) or other case update within the past 60 days. In some instances, even if your cases is within normal processing time, legal action can be taken.
There are a variety of reasons why your case may be delayed at USCIS. The agency processes millions of cases every year, and each application goes through various steps before a decision is made. Common reasons for delays include:
If your case is taking longer than expected and you confirm your case is outside normal processing times, consult with an immigration attorney about Writ of Mandamus.
A Writ of Mandamus is a federal court lawsuit against the agency designed to compel a government agency, like USCIS, to take action on a case that has been unreasonably delayed. If you’ve been waiting far beyond the usual processing time for your immigration application—whether for a green card, work visa petition, asylum request, or any other immigration benefit—and USCIS has failed to act, a Writ of Mandamus can prompt them to make a decision.
While a Writ of Mandamus cannot force USCIS to approve your case, it does require them to make a decision, either approving or denying your application. This legal action essentially asks the court to order USCIS to move forward and resolve your case. This can be a critical step when all other avenues, like routine inquiries or status checks, have failed to produce results.
The Writ of Mandamus is typically used when USCIS has significantly delayed a case without a valid reason or when the agency has failed to act within a reasonable timeframe. USCIS processing times can vary depending on the type of application and the service center handling the case. However, if your case has been pending longer than the published processing times, or if USCIS has not responded to your inquiries, filing a Writ of Mandamus might be the next logical step.
The key factor in deciding whether to file a Writ of Mandamus is whether the delay is unreasonable. For example, if your case has been pending for months or even years, and USCIS has not provided a reasonable explanation, you may have a legal basis for filing this writ.
A Writ of Mandamus is filed in federal court, and its purpose is to force the government to fulfill its duty. In the context of USCIS, this means requiring the agency to make a decision on your case.
If your immigration case is stuck in limbo due to an unreasonable delay with USCIS, Hykel Law can provide the guidance and legal support you need. With years of experience in filing Writ of Mandamus lawsuits, Hykel Law is dedicated to helping clients address significant delays and push USCIS to take action.
We begin by thoroughly reviewing the details of your case to assess whether the delay is excessive or unjustifiable. We will determine if a Writ of Mandamus is appropriate, and offer alternative solutions if the suit is not ripe for filing.
If it is time to file Writ of Mandamus, our team will carefully craft a well-documented complaint that outlines the unreasonable delay and the harm it has caused. At Hykel Law, we understand how critical it is to resolve these delays so that you can move on with your life in the United States with certainty.
If your immigration case is stuck at USCIS for too long, it’s essential to take action. A Writ of Mandamus may be the key to forcing USCIS to make a decision on your case. Hykel Law is here to assist individuals and businesses in resolving delays and navigating the immigration system efficiently. If you’re facing a significant delay or facing complications with your case, contact us today for experienced guidance and support.
A waiver, in the context of immigration law, is a form of legal forgiveness or exemption granted by U.S. Citizenship and Immigration Services (USCIS) or an immigration judge that allows an individual to overcome certain disqualifying factors that would otherwise prevent them from entering the United States, adjusting status, or receiving a visa. The applicant seeks to waive of a ground of inadmissibility to the United States. Waivers are typically used to address a range of issues, such as immigration violations, unlawful presence, criminal offenses, and misrepresentation, and they provide a means to complete the immigration process despite those barriers.
For example, under Section 212(a)(9)(B)(v) of the Immigration and Nationality Act (INA), a waiver may be granted for unlawful presence if the applicant can demonstrate that their denial of entry would cause extreme hardship to a qualifying relative, such as a U.S. citizen or lawful permanent resident spouse or parent. Similarly, Section 212(h) of the INA provides waivers for certain criminal convictions if the individual can prove rehabilitation and extreme hardship to qualifying family members.
Importantly, it’s crucial to understand that a waiver does not erase or negate the legal consequences of past actions. Instead, it offers a pathway to proceed with the immigration process, allowing the applicant to enter or remain in the U.S. despite the underlying issues. A well-prepared waiver application demands strong evidence of proof of rehabilitation and demonstrating that the individual’s absence would result in extreme hardship to their family members. Waivers effectively weigh many equitable factors such as medical hardship, psychological hardship, family ties to the United States, duration of residency in the United States against the negative factor (criminal conviction, fraud or other immigration violation).
If you are facing challenges in your immigration journey, seeking the assistance of an immigration lawyer in Philly is essential to evaluate your eligibility for a waiver, develop a comprehensive strategy tailored to your circumstances and effectively present the case. Waivers should not be submitted without an experienced immigration attorney because the client risks losing time, money and perhaps detention and deportation if not successful. The attorneys at Hykel Law are experienced and have had countless successes.
A successful waiver case is based on several critical factors that strengthen the applicant’s position. While each case is unique, these key elements are generally crucial for presenting a strong waiver petition:
The first step in determining if a waiver case is viable is to ensure that the applicant is eligible for the specific waiver they are seeking. Different waivers apply to different situations. For example, some waivers are available for individuals who have been unlawfully present in the United States, while others might be applicable to those with criminal convictions or past immigration violations.
Understanding which waiver applies to a particular situation is essential. At Hykel Law, we have a team of experienced immigration attorneys in Philadelphia who can help you determine if you are eligible for a waiver and what steps need to be taken to secure your case.
In many waiver cases, applicants must demonstrate that their refusal to grant the waiver would cause extreme hardship to a U.S. citizen or lawful permanent resident relative. This is a critical factor, as the decision to grant a waiver is often based on the impact it will have on the family members involved.
In a typical family-based immigration case, the applicant must prove that their absence or denial of status would lead to extreme hardship for their spouse, child, or parent. Hardship can be physical, emotional, financial, or medical, and it often requires extensive documentation to support the claim. It also requires extensive evidence about the conditions of the country to which the foreign national would be returned to prove that the needs of the family members cannot be met there. This is where skilled family-based immigration attorneys can play a pivotal role in gathering evidence and making a persuasive argument to USCIS or an immigration judge.
For individuals seeking a waiver due to past criminal offenses, it is essential to demonstrate remorse, rehabilitation, and good moral character. Showing that the applicant has made efforts to be a good person, such as through community service, counseling, support of family and the community are critical elements in a waiver case.
One of the most important aspects of a waiver case is the strength and quality of the evidence provided. This includes not only supporting documents for the applicant’s claims but also any documentation that proves the hardship that would result from a denial. Supporting materials might include medical records, financial statements, letters from family members, and testimony from professionals who can speak to the individual’s rehabilitation or the effects of denial on their family.
A well-prepared application will be comprehensive and carefully documented. Immigration law firms in Philadelphia, such as Hykel Law, can help gather, organize, and present the evidence in the most compelling manner.
The strategy behind a waiver case is equally important. An immigration attorney must build a clear and logical argument based on the specific facts of the case. It requires presenting compelling arguments about why the applicant’s situation warrants approval because the positive equities outweigh the negative factors.
Timing can significantly impact the outcome of a waiver case. Applicants who are already in the U.S. and are seeking a waiver for past immigration violations may be able to submit a waiver application as part of their adjustment of status process. Alternatively, individuals seeking a waiver for unlawful presence or criminal issues may need to apply before entering or reentering the U.S.
If a waiver application is denied, it’s not necessarily the end of the road. The ability to appeal a waiver denial or refile the waiver application with stronger evidence must be explored. An immigration appeals attorney can assist with filing an appeal if the waiver is denied or advising that a refile may be a better approach. Appealing a waiver denial can be a complex process, and having a skilled attorney to guide you through this process is invaluable.
Building a strong case requires careful planning, a clear understanding of the requirements, and the ability to present a compelling argument supported by robust evidence. Whether you are applying for a waiver due to past immigration violations, criminal offenses, or misrepresentation, seeking the advice of a skilled immigration lawyer in Philadelphia is essential to maximize your chances of success.
At Hykel Law, we understand the importance of crafting a strong case and are committed to helping our clients achieve their immigration goals. If you are facing a waiver issue, don’t wait—contact us today to schedule a consultation.
The chilling of free speech under the Trump Administration has just gotten more severe. USCIS will now comb the social media accounts of immigrants lawfully present in the United States as non-immigrants (students are named, and others included are H-1B workers, O-1 extraordinary ability workers, P-1 athletes, E-2 investors, E-3 Australian professional workers to name a few) and if in their judgment the person espouses “anti semitic” sentiment, a status can be cancelled or a green card application can be denied as a matter of discretion.
This is dangerous territory and a fundamental assault on the right to free speech in this country. Think about how chilling that may be. Simply pointing out the loss of life in Gaza can be chalked up to “anti-semetism” and result in status and visa cancellations, denied green cards or worse: detention and summary deportation.
As Americans, it pains us to advise immigrants to refrain from speaking in a way that could be interpreted as anti-semitic by this Administration. We never thought we’d see the day where we had to advise people to be quiet in America, but here we are.
Now more than ever, representation is necessary before USCIS for immigration benefits applications. Call today for your consultation!
WASHINGTON— Today U.S. Citizenship and Immigration Services (USCIS) will begin considering aliens’ antisemitic activity on social media and the physical harassment of Jewish individuals as grounds for denying immigration benefit requests. This will immediately affect aliens applying for lawful permanent resident status, foreign students and aliens affiliated with educational institutions linked to antisemitic activity.
Consistent with President Trump’s executive orders on Combatting Anti-Semitism, Additional Measures to Combat Anti-Semitism and Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats, DHS will enforce all relevant immigration laws to the maximum degree, to protect the homeland from extremists and terrorist aliens, including those who support antisemitic terrorism, violent antisemitic ideologies and antisemitic terrorist organizations such as Hamas, Palestinian Islamic Jihad, Hezbollah, or Ansar Allah aka: “the Houthis.”
“There is no room in the United States for the rest of the world’s terrorist sympathizers, and we are under no obligation to admit them or let them stay here,” said DHS Assistant Secretary for Public Affairs Tricia McLaughlin. “Sec. Noem has made it clear that anyone who thinks they can come to America and hide behind the First Amendment to advocate for anti-Semitic violence and terrorism – think again. You are not welcome here.”
Under this guidance, USCIS will consider social media content that indicates an alien endorsing, espousing, promoting, or supporting antisemitic terrorism, antisemitic terrorist organizations, or other antisemitic activity as a negative factor in any USCIS discretionary analysis when adjudicating immigration benefit requests. This guidance is effective immediately.
For more information on USCIS and its programs, please visit uscis.gov or follow us on X (formerly Twitter), Instagram, YouTube, Facebook and LinkedIn
The United States has a proud history of welcoming immigrants. However, the process of obtaining legal status in the U.S. can be complex and constantly evolving. If you are considering immigrating to the United States, or if you are already here and seeking a path to permanent residency or citizenship, a premiere Philadelphia immigration attorney at Hykel Law can be your trusted guide throughout the journey. Here’s how immigration attorneys can help.
U.S. immigration law is a dynamic field that is frequently modified by changes in federal policies, presidential orders, and court decisions. On Monday, January 20, 2025, the Trump Administration issued multiple Executive Orders on US Immigration Law, including heightened “extreme” vetting for all visa applicants, and revocation of birth right citizenship enshrined in our US Constitution.
This constantly shifting environment makes it difficult for individuals and businesses to keep up with the latest requirements and processes. An immigration attorney ensures that your case remains compliant with the most up-to-date regulations. By hiring an attorney, you avoid the risk of submitting an application that doesn’t meet current standards, which could lead to delays or denials.
Errors in immigration applications are one of the most common causes of delays or denials. According to the U.S. Citizenship and Immigration Services (USCIS), incorrect or incomplete applications result in an increase in processing time. Even small mistakes, such as missing a signature or incorrect dates, can cause your application to be rejected or delayed.
An immigration attorney in Philadelphia minimizes these risks by thoroughly reviewing your application and ensuring that all required information is accurate and complete. By utilizing their knowledge of immigration forms and the documentation required for each type of application, an attorney helps you avoid these costly mistakes. At Hykel Law, our team ensures that every application meets the necessary standards, reducing the chance of errors and speeding up the process.
One of the major challenges applicants face, is the sheer volume of documentation required for various immigration processes. For example, an immigrant visa application requires evidence of financial support, proof of identity, and family ties, among other documents. Missing even one document can lead to delays or denials, according to the National Immigration Forum.
An immigration attorney helps you gather the necessary documents by providing a checklist tailored to your specific case. They know exactly what supporting evidence is required for different types of applications and will ensure that everything is in order before submitting it to the authorities. This saves you time and avoids the potential frustration of being asked to provide additional documents later in the process.
The U.S. offers more than 180 types of visas, each with its own set of rules and eligibility criteria. Whether you are applying for a family-based visa, an H-1B work visa, or an EB-5 investor visa, each application comes with its own set of requirements. In fiscal year 2020, the U.S. issued over 460,000 employment-based visas, but navigating the process without legal assistance can result in a denial.
An immigration attorney guides you through this complex process by evaluating your specific situation and helping you choose the right visa. They will help you fill out the required forms, prepare for interviews, and ensure that all documentation is properly submitted. At Hykel Law, we help both individuals and businesses understand which visa option best suits their needs and handle the entire application process from start to finish.
Deportation is a serious legal issue, and the consequences can be devastating. The Trump Administration has vowed to deport millions of people in its first year of office (2025). Even before the Trump Administration took office, the Department of Homeland Security, deported 300,000 people from the United States in 2020. In fact, the U.S. President who deported more people than any other was Barack Obama. If you are facing deportation, you need immediate and legal representation to protect your rights.
An immigration attorney can defend you against deportation by exploring potential legal defenses, such as asylum claims, waivers, family-based petitions or humanitarian based applications (crime victim visas or trafficking victim visas). They help you understand your options and represent you in court, ensuring that your case is presented in the best possible light. With the help of an experienced immigration litigation attorney, your chances of securing relief from deportation increase significantly.
The process of seeking asylum can be one of the most difficult challenges in immigration law. According to the UNHCR (UN Refugee Agency) Report of 2020, more than 250,000 asylum claims were filed in the U.S. in 2020. Asylum applicants must prove that they have been persecuted or have a well-founded fear of persecution in their home country, which often requires detailed evidence and documentation.
An immigration attorney helps asylum seekers present their case effectively by ensuring that all supporting documents are in order, preparing you for the asylum interview, and representing you at the asylum hearing. Hykel Law has a proven track record of helping clients navigate the asylum process and secure their right to remain in the U.S.
Family unification is often a primary goal for many immigrants. However, the process for sponsoring family members for visas or permanent residency can take years, depending on the circumstances. For example, immediate relatives may have a faster path, while other family categories may experience longer waiting periods.
An immigration attorney helps you navigate the family-based immigration process by recommending the fastest option, representing you through the application, providing the correct information and documents to maximize the fastest approval and anticipating deadlines. With legal support, you can increase your chances of a smooth and timely union with your loved ones.
If your immigration application is denied, you have the right to appeal the decision. According to USCIS data, nearly 15% of visa applications are initially denied, and a significant number of these denials can be overturned on appeal. However, the appeals process can be complex and requires a solid understanding of immigration law and procedure.
An immigration attorney assists you with filing an appeal by analyzing the reasons for the denial and preparing a strategy to challenge the decision. They will help you gather additional evidence, file the necessary paperwork, and represent you with strong advocacy. With professional legal representation, the chances of successfully overturning a denial are greatly improved.
Businesses often face challenges when hiring foreign workers due to the complex nature of U.S. employment visa laws. New H-1B rules took effect on January 17, 2025, and will apply to H-1B visa petitions for the lottery to be conducted in March of 2025. Applying for these visas requires strict adherence to regulations, and any misstep can lead to delays or rejections.
A corporate immigration attorney helps businesses navigate these issues by providing guidance on the best visa options, assisting with the application process, and ensuring compliance with immigration laws. By handling these legal aspects, an attorney allows businesses to focus on growing their workforce without worrying about visa-related complications.
Immigration court is a high-stakes environment where individuals fight to stay in the U.S. In 2020, more than 1.3 million cases were pending in U.S. immigration courts and many more will be added as the Trump Administration moves to deport millions of people from the United States in 2025. When facing deportation, many applications for relief can be presented including applying for asylum, seeking adjustment of status, or cancellation of removal. Chances of success in relief from removal are much higher with legal representation in immigration court.
An immigration litigation attorney provides representation by presenting your case effectively, filing the necessary paperwork, and advocating on your behalf in court. This professional legal representation increases the chances of a favorable outcome.
Immigration is a significant journey, and having the right legal support can make all the difference. At Hykel Law, we offer the knowledge, resources, and personalized approach needed to tackle your immigration challenges successfully. Contact us today to find out how we can help you achieve your immigration goals.
We look forward to helping you with your immigration case. We have the experience, knowledge and staff to handle your matter swiftly. Reach out today to discuss your needs for representation.