Practice Areas

Family Based Immigration

The United States immigration system is built on the foundational principle of promoting family unity. We at Open Sky Law seek to bring families together and keep them that way. If you are a U.S. citizen seeking to provide lawful status to your spouse, child, parent, or sibling, we would be happy to help you to do so. Additionally, for those who are presently lawful permanent residents, the immigration law provides that you may be eligible to petition for your spouse or child. Our office handles the following family-based immigration processing:

  • Family Petitions
  • Adjustment of Status
  • Provisional Waivers
  • Consular Processing
  • K-1 Fianc√©/e
  • I-751 Petition to remove conditions
  • Combating allegations of marriage fraud

Asylum

If you fled your home country because you fear being severely harmed or if you have been severely harmed in the past, you may be eligible for asylum. Asylum applications must be filed within one year of entry into the United States unless an exception applies. Asylum is a complex area of the law involving hours of preparation of evidence. Our office handles asylum applications from all over the world and based on a variety grounds including: religion, political activity/opinion, domestic violence, ethnicity/race, or sexual orientation/gender identity.

Our attorneys have many decades of experience representing asylum seekers. We provide an individualized approach to each case, where we help you to navigate the complex array of laws governing your eligibility. We help each applicant present the strongest case possible by locating the strongest evidence to support your case. We frequently retain the services of experts to help corroborate your case, including medical and psychological experts as well as country experts who are familiar with the conditions in your home country. There are strict time limits for applying for asylum protection, so schedule a consultation now to protect your rights.

We can assist with the following aspects of an asylum application:

  • Preparation of the asylum application (I-589)
  • Advice and assistance with gathering key corroborating evidence
  • Representation before USCIS
  • Representation before the Immigration Court, or on appeal
  • Collaborating with expert witnesses
  • Reasonable Fear/Credible Fear interviews
  • Appeals

Survivors of Crime and Trafficking (U visa and T visa)

If you have ever been the direct or indirect victim of a crime such as assault, domestic violence, extortion, hit and run, rape, or robbery, you may be eligible to apply for U non-immigrant status. You may qualify for T non-immigrant status if you are a survivor of trafficking which means you are present in the U.S. because through force, fraud, or coercion you have been compelled to engage in a commercial sex act or you have been forced to perform labor or services through the use of force, fraud, or coercion. Open Sky law provides the following services:

  • Seeking certifications from law enforcement
  • Applications for U or T non-immigrant status for applicant and his or her qualifying dependents
  • Applications for adjustment of status (green card)
  • Appeals of denied applications

VAWA

If you are a survivor of domestic violence or your child has been subjected to domestic violence, you may be eligible to petition yourself for lawful immigration status. Parents of U.S. citizens who have been abused by their adult sons or daughters may also qualify. Open Sky Law assists with the following:

  • VAWA Self-Petitions and adjustment of status (green card)
  • VAWA cancellation of removal

Citizenship and Naturalization

United States citizenship is precious and Open Sky Law would love to help you become a citizen or obtain proof of your citizenship. We provide representation with the following services:

  • N-400 Applications for Naturalization
  • Responding to Notices of Intent to Deny N-400
  • Litigation with regard to delayed or denied naturalization applications
  • Appeals
  • Applications for U.S. passports, and appeals from denials of same
  • Acquisition at birth or derivative immigration cases (Form N-600)

Removal defense

We understand the stakes when you or a loved one has been placed in removal (deportation) proceedings. Our team is experienced in handling removal defense cases before the U.S. Immigration Courts, before the Board of Immigration Appeals, and on appeal before the Federal Courts of Appeal. You need a strong and fearless advocate to seek to protect your interests and keep you together with your family. We would welcome the opportunity to serve as your defense counsel. Sometimes the government is unable to meet its burden of proof while other times, one must affirmatively file for benefits in order to remain in the U.S. Open Sky Law can help with the following types of defenses or applications:

  • Asylum
  • Cancellation of Removal
  • Adjustment of Status
  • Motions to Suppress
  • Motions to Terminate
  • Appeals to the Board of Immigration Appeals or a Federal Circuit Court of Appeal
  • Motions to Reopen/Reconsideration

Appeals

Has your immigration case already been denied? Open Sky Law attorneys are well-versed in challenging and overturning denials of applications. We can assist you with your appeal from the denial of any type of immigration benefit application. We also stand ready to assist in appealing from a decision ordering you or a loved one deported from the United States. Please note, there are strict timelines governing appeals. If you have already received an adverse decision, it is vital for you to seek to protect your interests promptly. It is important to note that it can often be helpful to retain a different attorney on appeal even if you have been satisfied with the services of your counsel so far. New counsel can bring fresh eyes to the case which may be extremely valuable to determining a successful course of action in your case. Open Sky Law can represent you in the following types of appeals:

  • Administrative appeals
  • Appeals to the United States Circuit Courts of Appeal
  • Appeals to the United States District Court in certain cases
  • Petitions for Certiorari to the United States Supreme Court

Federal District Court Litigation

The attorneys at Open Sky Law have a national reputation for successfully litigating cases before the United States District Courts. If your application has been delayed or the government has violated the law or engaged in bad faith in the handling of your immigration application, you may be eligible to file a lawsuit in Federal District Court. Additionally, if you believe that the U.S. government or its agents have violated the law, Open Sky Law may be able to assist you in seeking to hold the government accountable for its actions. Open Sky Law also assists immigrants in litigation to enforce their right to economic well-being under the Form I-864 Affdavit of Support. Please note that there are strict limitations on what types of immigration cases may be brought before a U.S. District Court, so the assistance of experienced counsel is vital. Some examples of cases handled by counsel at Open Sky Law include:

  • Actions challenging an agency denial of a visa petition, including both employment and family-based petitions.
  • Habeas corpus claims challenging detention.
  • Lawsuits to compel an administrative agency to take action on a delayed case, including naturalization, green card, visa petitions, and overseas visa processing at U.S. embassys and consulates worldwide.
  • Naturalization appeals seeking to overturn a U.S. Citizenship and Immigration Services decision denying a naturalization application.