CONSULTATION

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Mr. Hamilton's evaluation of an individual's immigration circumstances and the relief or remedies which may or may not be available to such individuals is conducted on a case-by-case basis and begins with an in-person consultation at Mr. Hamilton's office. During consultation, Mr. Hamilton considers the individual's immigration history and asks numerous questions to understand whether there might be immigration relief available. A consultation fee is charged for Mr. Hamilton's time in consultation.

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IMMIGRATION LITIGATION

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Immigration litigation involves the representation of individuals (including but not limited to criminal aliens) who are either facing removal and/or seeking forms of immigration relief exclusive to the Immigration Courts.  Those ordered "removed" by Immigration Judges must also seek review before an administrative "Board of Immigration Appeals" (BIA) and where such appeals are denied or dismissed, seek review before the Federal Circuit Courts of Appeal.  Individuals wronged by immigration authorities may in some cases also seek redress before Federal District Courts, and if indefinitely or wrongfully detained, may seek Habeas Corpus relief before the Federal Courts.  Where persons who have applied for asylum are denied such relief by the Asylum Office at a time when they are out of status, such cases necessarily become litigation cases in that it is mandatory that they be referred to the Immigration Court for "Removal Proceedings."  Immigration Judges in such removal proceedings, however, may consider the underlying asylum claim anew and any other relief for which the litigant may qualify and over which the Immigration Judge has jurisdiction. Immigration cases may play out over a number of years and often culminate in an immigration trial known as a "merits hearing."

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ASYLUM

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Applicants may apply for asylum where they have suffered past persecution and or fear future persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.  Such applications apply to USCIS's Asylum Office (AO) which eventually conducts an extensive evidentiary interview with the applicant to determine whether the case should be approved, administratively closed, or referred to the Immigration Court.  The Asylum Office cannot consider claims under the Convention Against Torture (CAT), or another form of relief which is similar in some ways to asylum, known as Withholding of Removal.  Only the Immigration Judge may adjudicate CAT and Withholding claims.

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FAMILY BASED IMMIGRATION

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Family based cases generally involve a petitioning qualifying relative who is either a Lawful Permanent Resident (LPR) or US Citizen (USC) and sometimes, an asylee (one granted asylum), successfully navigating complex processes with USCIS, the National Visa Center, and the Department of State to qualify a family member as an LPR or asylee. In some cases where the LPR or USC's foreign born relative resides in the US, the entire immigration process may be completed without that relative leaving the US through an "adjustment of status."  The evaluation of who does and does not qualify for adjustment and the risks and benefits of departing the United States to "visa process" in the home country or a third country is a complex matter best evaluated by experienced immigration counsel.

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The above listed services simply comprise the bulk of Mr. Hamilton's immigration work and is not exhausted of all of the other varied tyeps of immigration matters he handles or has handled.

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