Expert Legal Services for Your Immigration Journey To the United States of America

Legal Summary

Under the Immigration and Nationality Act (INA), individuals placed in removal proceedings under §240 are entitled to a hearing before an Immigration Judge (IJ) within the EOIR system. Proceedings begin with a Master Calendar Hearing, where charges are addressed, followed by an Individual Merits Hearing where relief is adjudicated. Respondents have the right to counsel at no expense to the government (INA §240(b)(4)), the right to present evidence and cross-examine witnesses, and the right to appeal unfavorable decisions to the Board of Immigration Appeals (BIA) under 8 C.F.R. §1003.1. Osaid Law Firm represents respondents at every stage — including bond hearings under INA §236, motions to change venue, continuances, and appeals.

Legal Summary

Removal proceedings under INA §240 may be initiated against any noncitizen the government charges as inadmissible (INA §212) or deportable (INA §237). Available forms of relief include Cancellation of Removal for both permanent residents under INA §240A(a) (requiring 7 years continuous residence and 5 years LPR status) and non-permanent residents under §240A(b) (requiring 10 years continuous physical presence and exceptional hardship to a qualifying relative who is a U.S. citizen or LPR). Additional defenses include Withholding of Removal under INA §241(b)(3), protection under the Convention Against Torture (CAT) per 8 C.F.R. §1208.16–18, Voluntary Departure under INA §240B, Prosecutorial Discretion, and motions to suppress evidence obtained in violation of the Fourth Amendment.

Legal Summary

Asylum is a form of protection governed by INA §208 and 8 C.F.R. §208, available to individuals present in the United States who demonstrate a well-founded fear of persecution on account of one of five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group. Applicants must generally file Form I-589 within one year of arrival in the United States, though exceptions exist for changed or extraordinary circumstances. Affirmative asylum applications are adjudicated by USCIS Asylum Officers; if not granted, the case is referred to Immigration Court for de novo defensive proceedings. The burden of proof rests on the applicant to establish eligibility under the standard set forth in INS v. Cardoza-Fonseca, 480 U.S. 421 (1987). Osaid Law Firm prepares thorough applications supported by detailed declarations, corroborating documentation, expert testimony, and comprehensive country condition reports.

Legal Summary

Lawful Permanent Resident (LPR) status may be obtained through several pathways under the INA. Family-based immigration is governed by INA §201 and §203, with immediate relatives of U.S. citizens (spouses, unmarried children under 21, parents) exempt from annual visa caps under INA §201(b). Preference categories for other family members are subject to per-country numerical limitations. Applicants within the U.S. may adjust status via Form I-485 under INA §245, while those abroad process through consular posts under INA §222. Grounds of inadmissibility under INA §212(a) must be overcome, and waiver applications (e.g., I-601, I-601A) may be filed where applicable. Osaid Law Firm handles every stage — petition, adjustment or consular processing, RFE responses, interview preparation, and waiver applications.

Legal Summary

Naturalization is governed by INA §316 (general requirements) and INA §319 (spouses of U.S. citizens). General eligibility requires at least 5 years as a lawful permanent resident (3 years for spouses of U.S. citizens), continuous residence, physical presence of at least 30 months within the statutory period, good moral character under INA §101(f), knowledge of English and U.S. civics, and an attachment to the principles of the U.S. Constitution. Applicants file Form N-400 with USCIS. Criminal convictions, unlawful voting, false claims to citizenship, and other factors can create bars to establishing good moral character. Osaid Law Firm conducts a comprehensive eligibility analysis, prepares a thorough application, coaches clients for the naturalization interview, and addresses any complex issues during adjudication.

Legal Summary

Family-based immigration is the primary pathway for family reunification under U.S. immigration law, governed by INA §201(b) (immediate relatives) and INA §203(a) (preference categories). U.S. citizens may petition for spouses, unmarried children under 21, and parents as immediate relatives without numerical limitations. Other eligible relationships fall within four preference categories subject to annual per-country visa allocations. The process begins with Form I-130 (Petition for Alien Relative), followed by adjustment of status (I-485) or consular processing (DS-260). Fiancé(e)s of U.S. citizens may enter through the K-1 visa under INA §101(a)(15)(K), requiring marriage within 90 days. Where grounds of inadmissibility exist under INA §212(a), waiver applications such as the I-601 or provisional unlawful presence waiver (I-601A) may be filed. We also handle VAWA self-petitions for victims of abuse.

Legal Summary

Employment-based immigration encompasses both temporary (nonimmigrant) and permanent (immigrant) visa categories. Key temporary visas include H-1B for specialty occupation workers (INA §101(a)(15)(H)(i)(b)), L-1A/L-1B for intracompany transferees (INA §101(a)(15)(L)), O-1 for individuals of extraordinary ability (INA §101(a)(15)(O)), and E-2 for treaty investors (INA §101(a)(15)(E)). Permanent employment-based immigration is organized into five preference categories (EB-1 through EB-5) under INA §203(b), with EB-2 and EB-3 generally requiring PERM labor certification through the Department of Labor under 20 C.F.R. §656. EB-1A (extraordinary ability), EB-1B (outstanding researchers), and EB-2 National Interest Waivers (NIW) may bypass PERM. Osaid Law Firm manages the full lifecycle of employment-based petitions.

Legal Summary

Contract law in the United States is governed primarily by state common law and the Uniform Commercial Code (UCC) for transactions involving goods. A valid contract requires offer, acceptance, consideration, capacity, and legality of purpose. Osaid Law Firm reviews and drafts agreements with attention to key provisions including representations and warranties, indemnification clauses, limitation of liability, dispute resolution mechanisms (arbitration vs. litigation), governing law and jurisdiction, termination rights, and confidentiality/non-disclosure obligations. For business formation, we advise on entity selection (LLC, corporation, partnership) considering liability protection, tax implications, and operational flexibility under applicable state law. Our attorneys also counsel immigrant entrepreneurs on structuring businesses to support E-2, L-1, or EB-5 immigration strategies.