Law Office of Marshal E. Hyman and Associates PC

PRACTICE AREAS

Deportation or Removal

To foreign nationals facing deportation or removal from the United States, for any reason, Marshal E. Hyman and Associates, P.C., offers the ability to carefully analyze their cases and apply their unique circumstances to the complex laws, regulations, and precedents governing immigration decisions. Our attorneys possess the knowledge, experience and technology necessary to carefully and precisely determine the proper path to remain in the United States. We have successfully represented hundreds of clients in immigration offices, immigration courts, and federal courts of appeal.

We also assist those who must leave the United States with the consular processing of their visas and the filing of applications for waivers of grounds of inadmissibility.

We take pride in our reputation as the “go to” law firm for those who want to try to stay in the United States.

Immigrant Visas

Lawful permanent resident status, symbolized by the so-called “green card,” allows foreign nationals to work and live in the United States without time limitations. There are several bases for obtaining lawful permanent resident status. We represent clients seeking to obtain lawful permanent residence status through

Close family ties to United States citizens or lawful permanent residents; and
Employment in the United States, most commonly based on a job offer from a United States employer, but also based upon investment in the United States.

Family-based immigrant visas

Many United States citizens and lawful permanent residents wish to bring their family members to the United States. The immigration laws of the United States allow certain family members of United States citizens and lawful permanent residents to immigrate to the United States and obtain their “green card.” Our firm has many years of experience representing

Parents, children (under 21 years of age), and spouses of United States citizens,
Unmarried children (21 years of age or older) of United States citizen,
Married children (regardless of their age) of United States citizens,
Brothers and sisters of adult United States citizens (United States citizens 21 years of age or older),
Spouses and children (under 21 years of age) of lawful permanent residents, and
Unmarried children (21 years of age or older) of lawful permanent residents.

Preparation of family-based immigrant visas involves the gathering of substantial documentation and each case presents its own unique challenges. Issues such as proving relationships, processing times, immigrant quotas, age requirements, affidavits of support, and the protections afforded by the enactment of the Child Status Protection Act can be confusing to those unfamiliar with the many intricacies of the immigration laws and regulations. With over 35 years of combined experience, our attorneys can help resolve these and other issues that may arise during the processing of family-based immigrant visas.

Employment-based immigrant visas

Marshal E. Hyman and Associates, P.C., has worked successfully with many individuals seeking to obtain lawful permanent residence through employment in the United States. Our firm has many years of experience representing

Managers and executives of multi-national businesses subject to international transfers to the United States,
Outstanding professors and researchers with universities or private employers with well-established research departments,
Foreign nationals with extraordinary ability in the sciences, arts, education, business, and athletics,
Foreign nationals with exceptional ability in the sciences, art, and business,
Advanced-degree professionals,
Foreign nationals performing work in the national interest of the United States,
Professionals with bachelor’s degrees,
Skilled and unskilled workers, and
Immigrant investors with substantial funds to be invested in the United States.

In most cases involving employment-based immigrant visas, the employer must first apply to the United States Department of Labor for its certification that qualified United States workers have been recruited for the position and are unavailable. Our firm has the expertise to guide potential employers through this labor certification process. We also advise potential employers on their anti-discrimination obligations under federal immigration laws.

Nonimmigrant Visas

Most foreign nationals wishing to come to the United States temporarily—whether to work, go to school, attend a conference, or simply visit the country, family, and/or friends—must first obtain a non-immigrant visa that would allow them to travel to a United States port of entry and request permission from the Department of Homeland Security to enter the country for a specific period of stay.

Once in the United States, the length of time that non-immigrants can stay depends on the type of visa (status) under which they were admitted. Several types of non-immigrant visas allow foreign nationals to extend their status and their stay in the United States. Foreign nationals holding non-immigrant visas often desire to change their status in order to prolong their stay in the United States or perform a different activity.

The application processes for non-immigrant visas, and for extensions and changes of status, are complex and may be confusing to those unfamiliar with their many intricate nuances. Our firm has many years of experience advising foreign nationals on the types of non-immigrant visas best suited to their particular needs. Our firm can assist those wishing to extend or change their status. In certain cases, we can also obtain legal status and work authorization for dependent family members of non-immigrants.

Marshal E. Hyman and Associates, P.C., has assisted foreign nationals procure non-immigrant visas under the following categories:

E Non-Immigrant Visa for Traders and Investors
The E non-immigrant visa category is useful for business owners, managers and employees who need to remain in the United States for extended periods of time in order to oversee or work in an enterprise engaged in trade between the United States and a foreign country or that represents a major investment in the United States.
H-1B Non-Immigrant Visa for Professional Workers
The H-1B non-immigrant visa category allows foreign nationals to enter the United States temporarily and work in a “specialty occupation.” A “specialty occupation” is an occupation that requires theoretical and practical application of a body of highly specialized knowledge and attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.
L-1 Non-Immigrant Visa for Intercompany Transferees
The L-1 intercompany transferee non-immigrant classification is a useful vehicle for multinational companies seeking to transfer high-level managers, executives and employees with specialized knowledge from overseas to provide services in a similar capacity in the United States.
O Non-Immigrant Visa for Individuals of Extraordinary Ability or Achievement
The O non-immigrant category is intended for individuals with extraordinary ability in the sciences, arts, education, business or athletics. This category offers a flexible alternative to the H-1B non-immigrant visa since it does not require wage maintenance, there is no overall time limit associated with the classification, and there are no numerical caps.
P Non-Immigrant Visa for Athletes and Entertainers
The P non-immigrant visa category covers athletes and entertainers who do not qualify under the “extraordinary ability or achievement” standard required by the O non-immigrant category. The P category is generally made available to internationally known athletes (individually or as part of a team), entertainment groups, performing artists visiting the United States under the auspices of a reciprocal exchange program, and culturally unique entertainers.
J-1 Non-Immigrant Visa for Exchange Visitors
The J-1 non-immigrant visa category is useful to foreign students, scholars, experts, medical interns and residents, international visitors, and industrial and business trainees wishing to enter the United States as exchange visitors for the purpose of gaining practical experience, studying, or conducting research in their respective fields. Exchange visitors under the J-1 non-immigrant category must be affiliated to a government-approved exchange visitor program.
TN Non-Immigrant Visa for Canadian and Mexican Professionals under NAFTA
The TN non-immigrant visa category is limited to nationals of Canada and Mexico engaged in a profession listed in Appendix 1603.D.1 of the North America Free Trade Agreement (NAFTA) and possessing the necessary credentials to be considered professionals. Professions listed in Appendix 1603.D.1 of NAFTA include, but are not limited to, the following: accountants, engineers, registered nurses, architects, university professors and research assistants, hotel managers, librarians, systems analysts, and management consultants.

Canadians, except for E-1 and E-2 investors, as well as citizens of countries designated under the Visa Waiver Program do not need nonimmigrant visas to enter the United States. Please contact us if you require further information regarding nonimmigrant visas.

Naturalization and Derivative Citizenship

Our firm has assisted persons from all over the world apply and receive United States citizenship through the naturalization process. Our services include counseling on satisfying all the technical requirements for naturalization, processing of the application, and attendance at naturalization interviews.

Active Federal Litigation

Marshal E. Hyman & Associates actively pursues federal litigation in the Supreme Court, the Circuit Courts of Appeal, and the District Courts. In the Supreme Court and the Courts of Appeal, the firm litigates asylum applications, issues involving noncitizens convicted of crimes, and applications for immigration benefits such as adjustment of status, cancellation of removal, and 212(c) relief. In the District Courts, the firms litigates issues involving delayed or denied applications for naturalization and adjustment of status and other immigration benefits, and petitions for writ of habeas corpus challenging prolonged detention in immigration custody.

Representative Published Decisions

Zhang v. Mukasey, __ F.3d __ (6th Cir. 2007). Rejected BIA precedent decision in Matter of Shanu, 23 I. & N. Dec. 754 (BIA 2005) and held that a noncitizen can only have one first date of admission for purposes of determining removability under 8 U.S.C. § 1227(a)(2)(A)(i).

Badwan v. Gonzales, 494 F.3d 566 (6th Cir. 2007). Overturned BIA decision denying motion for continuance, thereby allowing noncitizen to apply for lawful permanent residency.

Matovski v. Gonzales, 494 F.3d 722 (6th Cir. 2007). Rejected BIA precedent decision in Matter of Perez Vargas, 23 I. & N. Dec. 829 (BIA 2005). Resulted in noncitizens being allowed to apply for lawful permanent residency in removal proceedings based on the job flexibility provisions of 8 U.S.C. § 1154(j).

Pickering v. Gonzales, 465 F.3d 263 (6th Cir. 2006). Overturned precedential BIA decision and terminated proceedings based on setting aside of noncitizen’s conviction.

Macotaj v. Gonzales, 424 F.3d 464 (6th Cir. 2005). The Sixth Circuit has the authority to retroactively stay voluntary departure to the date of the filing of a motion for stay of removal.

Liti v. Gonzales, 411 F.3d 611 ((6th Cir. 2005). Remand for consideration of whether applicant is eligible for humanitarian asylum.

Buletini v. INS, 860 F. Supp. 1222 (E.D. Mich. 1994). Overturned INS’s denial of visa petition for a physician of “extraordinary ability.”

Probert v. INS, 954 F.2d 1253 (6th Cir. 1992) and 750 F. Supp. 252 (E.D. Mich. 1990). Ordered release of noncitizen based on issuance of Judicial Recommendation Against Deportation.

State v. Martinez, 105 Wash. App. 775 (Wash. App. 2001). Overturned conviction based on violation of confrontation clause when a confidential informant failed to testify in court. Also overturned conviction for insufficient evidence where only admissible evidence was defendant’s mere presence at a prearranged drug buy.

State v. Mendoza-Lopez, 105 Wash. App. 382 (Wash App. 2001). Overturned three year old conviction where defendant did not waive his right to a juvenile declination hearing.