The Law Office of Michael P. Gianelli, LLC, provides affordable high quality immigration law legal services to all non-citizens in need, and engages in public education, training and community outreach in order to promote justice for all newcomers.
Immigration law is a fluid area of practice, and your attorney must be an active practitioner to keep up with the new changes. Mr. Gianelli is an active member of the American Immigration Lawyers Association (AILA), and a member of the Colorado Bar Association’s Immigration Law Section. He participates in the Rocky Mountain Immigration Advocacy Network (RMIAN), and the Immigration Court Pro Bono Project.
The Law Office of Michael P. Gianelli, LLC, provides representation before the Denver Immigration Court, the Aurora Immigration Court, the United States Citizenship and Immigration Services, the Board of Immigration Appeals, the National Visa Center, and the U.S. Department of State. Mr. Gianelli has the tools required to help you win your immigration case.
Below is an explanation of some of the more common immigration law cases. Do not be concerned if your issue is not listed below as Mr. Gianelli represents all non-citizens irregardless of their type of immigration case.
DENVER IMMIGRATION LAW
DEPORTATION DEFENSE
Michael P. Gianelli, Esq., is a proven Denver deportation lawyer. He has defended noncitizens in removal proceedings in United States Immigration Court in Aurora and Denver. Having an attorney in immigration court will drastically increase your chances of avoiding deportation.
There are a number of defenses to deportation, including, but not limited to, the following:
Cancellation of Removal: Cancellation is available for both lawful permanent residents (LPRs or green card holders) and individuals without lawful status in the United States. The elements of cancellation of removal depend on an individuals immigration status.
For example, a green card holder in removal proceedings must at a minimum prove: (1) seven years of continuous residence after admission to the United States; (2) five years as a lawful permanent resident; and (3) that s/he has not been convicted of an aggravated felony. On the other hand, a non-green card holder must demonstrate: (1) ten years of continuous physical presence in the United States; (2) good moral character during that period of time; (3) no disqualifying criminal offenses; and (4) exceptional and extremely unusual hardship to a United States citizen or LPR spouse, parent or child.
In addition, a different form of cancellation of removal under the Violence Against Women Act exists for individuals that can demonstrate: (1) three years of continuous physical presence; (2) that s/he is a victim of battery or extreme cruelty; and (3) extreme hardship hardship to the applicant or a U.S. citizen or LPR spouse, parent or child.
Adjustment of Status: Adjustment is an application to the immigration court for a green card based upon a qualifying family or employment relationship. In many instances, waivers of applicable inadmissibility grounds must be submitted to the judge in order to successfully complete adjustment of status in immigration court.
Asylum: To qualify for asylum, an applicant must show at a minimum past persecution or a well-founded fear of future persecution on account of race, religion, nationality, political opinion or membership in a particular social group. Many individuals are referred to immigration court after they affirmatively apply for asylum with the United States Citizenship and Immigration Service. If that occurs, an applicant gets another opportunity to seek asylum before an immigration judge.
Deferred Action for Childhood Arrivals: President Obama’s 2012 summer executive action provided long awaited relief for so called Dreamers, children who came to the U.S. that meet certain eligibility requirements. Generally, to get Deferred Action, it must be established that the noncitizen:
Was under the age of 31 as of June 15, 2012;
Came to the United States before reaching his or her 16th birthday;
Has continuously resided in the United States since June 15, 2007, up to the present time;
Was physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
Entered without inspection before June 15, 2012, or his or her lawful immigration status expired as of June 15, 2012;
Is currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;
and
Has not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and does not otherwise pose a threat to national security or public safety.
It is important to note that this relief is available in immigration court to prevent deportation. Someone who gets Deferred Action can also get work authorization, and use that document to get a driver’s license and “come out of the shadows.”
Additional Considerations: In addition to seeking relief from deportation, an important step in a removal proceedings may include making a bond application to the immigration judge. Michael Gianelli has successfully applied for bond reductions and defeated charges that an individual is subject to mandatory detention.
Furthermore, Michael P. Gianelli, Esq., can help clients get Employment Authorization Documents (work permits) while removal proceedings are pending.
Finally, some noncitizens in removal proceedings may be entitled to Prosecutorial Discretion even if they are not eligible for statutory relief. Michael Gianelli can present your case to the Department of Homeland Security in a way that increases your chances of receiving a favorable discretionary decision.
IMMIGRATION CONSEQUENCES OF CRIMINAL ACTIVITY
Criminal activity often has significant immigration consequences for noncitizens. Even minor criminal matters, such as municipal offenses or minor drug charges, can result in mandatory immigration detention, deportation, inadmissibility, or prevent naturalization.
Michael P. Gianelli, Esq., is experienced in this increasingly important immigration field known as “criminal-alien law.”
If you are a noncitizen facing criminal charges, or a criminal defense attorney with a noncitizen client, it is critical that you consult with an experienced deportation lawyer regarding the immigration consequences of the criminal case. All too often, what is a great deal in criminal court (e.g. deferred judgement) has devastating immigration consequences.
Furthermore, if you are a noncitizen with prior criminal justice contacts (e.g. arrest), it is imperative that you consult with an immigration attorney before submitting any paperwork to the United States Citizenship and Immigration Service. A failure to do so may result in the the commencement of removal proceedings against you.
GREEN CARDS THROUGH FAMILY MEMBERS
Years ago, family-based immigration was a simple process. Times have changed. Today, the complexities of family-based immigration are best dealt with by a professional. Immigration practitioners must address issues such as conditional residence, termination of conditions, eligibility for adjustment of status, employment authorization applications, widow petitions, criminal bars, unlawful presence, grandfathering under INA section 245(i), binding affidavits of support, adjusted age determinations to preserve child status, to name just a few.
Michael P. Gianelli, Esq., is experienced in obtaining green cards for noncitizens, and offers affordable services to help you through this now complicated process.
PROVISIONAL UNLAWFUL PRESENCE WAIVERS FOR IMMEDIATE RELATIVES – STATE-SIDE PROCESSING
Effective March 4, 2013, certain immediate relatives of U.S. citizens (spouses, parents of adult U.S. citizens, and minor children) who are physically present in the United States may request a provisional waiver of their unlawful presence. This is an important new rule because if you entered the U.S. illegally, you previously needed to request this waiver abroad, which often resulted in a lengthy separation from your family in the U.S. Now those people who were reluctant to apply for a green card because of the uncertainty can apply for the waiver while remaining in the U.S.
US CITIZENSHIP AND NATURALIZATION
Naturalization is the process by which an individual obtains United States citizenship. Citizenship may be obtained by operation of law (automatically) or by applying with the United States Citizenship and Immigration Service. Michael Gianelli can help you navigate the naturalization process and help you understand any applicable risks associated with applying for citizenship.
United States citizenship benefits include:
- Citizens have the full rights and protections under the United States Constitution, and cannot be removed or deported from the United States;
- U.S. citizens may sponsor immediate relatives (spouses, parents, unmarried minor children) for a green card without a long wait for visa availability.;
- Ability to vote and fully participate in the electoral process, including being elected for public office;
- Freely travel to and from the United States without fears of immigration consequences;
- Eligibility for otherwise restricted government jobs;
- Eligibility for public benefits from which non-citizens may be excluded; etc.
