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A trusted ally in navigating the intricate intersections of law and immigration, providing tailored legal solutions with expertise and compassion.
Expert immigration attorneys dedicated to safeguarding your rights and navigating complex legal pathways with precision and care.
Anthony Montaño is the Founder of Montaño Law Group, P.C., representing and helping the immigrant community navigate the complexity of U.S. immigration processes and representing them in all aspects of immigration procedures. Born and raised here in New York City and coming from parents who immigrated from Colombia and Peru, he understands how frustrating and difficult navigating the immigration system can be.
For nearly 10 years, Anthony has worked in the immigration law field and has helped hundreds of families, businesses, and professionals with their immigration needs. Anthony focuses his client approach on setting realistic expectations and developing obtainable legal goals to meet the needs of his clients while remaining empathetic and sympathetic to the current realities that so many immigrants face in a new county.
Prior to founding Montaño Law Group, P.C., Anthony worked as an Associate at Fragomen, Del Rey, Bernsen & Loewy, where he applied immigration and employment laws to assess case types and counsel strategy of non-immigrant and immigrant visa status for corporate clients and their foreign national employees.
Anthony also served as an Associate at other immigration firms where he counseled individual clients seeking immigration relief before the Federal Immigration Court in connection with various types of immigration procedures, including, U-visa, VAWA, cancellation of removal, deportation defense, asylum applications, and family-based petitions (I-130, K-visas).
Anthony Montaño
Founder & Senior Lawyer
Explore our comprehensive range of legal expertise, covering a spectrum of immigration matters, ensuring tailored solutions to meet your unique needs with precision and proficiency.
If you are unable or unwilling to return back to your home country because you experienced persecution or have reasonable fear of persecution due to your Political Opinion, Religion, Race, Nationality, or you a Member of a Particular Social group that is known to the general population, then you might be eligible to qualify for Asylum.
1. Affirmative Process:
To obtain asylum through the affirmative asylum process you must be physically present in the United States. You may apply for asylum regardless of how you arrived in the United States or your current immigration status.
You must apply for asylum within 1 year of the date of your last arrival in the United States, unless you can show:
You may apply for affirmative asylum by submitting Form I-589, Application for Asylum and for Withholding of Removal, to USCIS.
If your case is not approved and you do not have a legal immigration status, we will issue a Form I-862, Notice to Appear (NTA), and refer your case to an immigration judge with the Department of Justice’s Executive Office for Immigration Review (EOIR). The immigration judge conducts a “de novo” hearing of the case. This means that the judge conducts a new hearing and issues a decision that is independent of the decision made by USCIS. In certain circumstances, if USCIS does not have jurisdiction over your case, the asylum office will issue a Form I-863, Notice of Referral to Immigration Judge, for an asylum-only hearing. See the section “Defensive Asylum Processing With EOIR” below if this situation applies to you.
2. Asylum Mertis interview after positive credible fear determination:
If you are placed in expedited removal proceedings and indicate an intention to apply for asylum, express a fear of persecution or torture, or express a fear of return to your country, you will be referred to USCIS for a credible fear screening. For more information, visit the Credible Fear Screenings page.
A USCIS asylum officer will conduct a credible fear screening interview to determine whether you have a credible fear of persecution or torture. For more information, visit the Questions and Answers: Credible Fear Screening page.
If an asylum officer finds that you have a credible fear of persecution or torture, USCIS may either:
3. Defensive process – Immigration Court
A defensive application for asylum occurs when you request asylum as a defense against removal from the United States. For asylum processing to be defensive, you must be in removal proceedings in immigration court with the Executive Office for Immigration Review (EOIR).
Individuals are generally placed into defensive asylum processing in one of two ways:
Immigration judges hear defensive asylum cases in adversarial (courtroom-like) proceedings, as necessary. The judge will hear arguments from both of the following parties:
The immigration judge then decides whether you are eligible for asylum. If the immigration judge finds you eligible, they will grant asylum. If the immigration judge finds you ineligible for asylum, they will determine whether you are eligible for any other forms of relief from removal.
In the U.S. you need to have authorization to work. In order to receive work authorization, you need to be eligible to apply.
Learn more – There are over 20 + options in which someone can obtain your employment authorization document, or “work permit.” The most common ways are:
As Designated by the U.S. Government, is a humanitarian benefit and has been available since the 1990 Immigration Act.
The secretary of Homeland Security, after consulting with appropriate government agencies may designate TPS for nationals of a particular country who are in the US and unable to return due to:
Please check here if your country is designated for TPS https://www.uscis.gov/humanitarian/temporary-protected-status and contact us to help you with your TPS application.
There are 2 different means to qualify for Cancellation of removal for Legal Permanent residents and Cancellation for Non-Legal Permanent residents.
Cancellation for Non-LPR
Mainly used for Individuals who entered the United States without inspection (entered without authorization).
To be eligible, you must be in removal proceedings, you have been continuously residing in the United States for at least 10 years prior to the issuance of the Notice to Appear placing you in removal proceedings, you have been a person of good moral character, you have not been convicted of certain criminal offenses, and to deport you would cause exceptional and extremely unusual hardship to your LPR or U.S. citizen spouse, child, or parent. If you are granted non-LPR cancellation of removal, you can apply for LPR or green card.
Cancellation for LPR
If you are an LPR (green card holder) you may be eligible for cancellation of removal if you have been lawfully admitted LPR for the 5 years, Resided continuously in the U.S. for the 7 years after having been admitted (in any capacity), have not been convicted of an aggravated felony, your case warrants a favorable exercise of discretion.
Some individuals are not eligible to be admitted to the United States as an immigrant or to adjust status in the United States. The INA §212(a) identifies a long list of grounds of inadmissibility.
If you entered without inspection or parole then you will need a specific waiver for the unlawful presence
Immigration laws have very specific rules for determining if a family relationship qualifies for immigration benefits. One of the most important determinations is whether the family member being sponsored has a “Qualifying Relationship,” with the USC or LPR sponsor.
The immigration provisions of VAWA allow certain battered spouses to file for immigration relief without the abusive spouse’s assistance or knowledge, in order to seek safety and independence from the abuser.
Please contact us to determine if you might qualify for this immigration benefit.
This category was created as part of the Victims of Trafficking and Violence Protection Act of 2000 and is intended to help law enforcement agencies investigate and prosecute cases of domestic violence, sexual assault, and other crimes while helping victims and witnesses of crimes.
You might be eligible to apply for U-Visa nonimmigrant status and ultimately a Green Card, If:
This special type of immigration benefit combines efforts of the state family courts along with federal immigration courts to protect juveniles who meet the eligibility criteria.
Someone may qualify for Special Immigrant Juvenile Status if:
If you or someone you know that description, they may be eligible.
1. Non-Immigrant Visas
The law requires that the specialty occupation being sought be one in which a baccalaureate degree, at a minimum is normally required for the position, the degree requirement is common in the industry among other organizations, the employer typically requires that degree or foreign equivalent for the position.
Because there are significant regulatory requirements for this visa category, it’s best to set up a consultation for your business.
About the L-1 Visa Categories and which one is better suits the needs of your company:
2. Employment based Green Card options
Although some criminal defendants think that they can beat the system on their own, having an experienced criminal defense lawyer on your side gives you a better chance of preserving your legal rights. If you have been charged with a crime, contact us immediately.
The investigative phase of our representation begins the moment a client hires us. We delve into police reports, obtain forensic testimony, and identify weaknesses in the prosecution’s case. We work closely with our clients, discussing events and gathering all details pertinent to the defense. Hard work and a thorough approach opens doors to uncovering vital evidence. Our primary role as a criminal defense lawyer is to unearth evidence that creates doubt .
A criminal conviction is often grounds for deportation or removal of a person in the country without permission. The Immigration Service also considers criminal history if an individual applies for any discretionary immigration benefit (a work visa, permanent residence or citizenship).
If you have been charged with a crime, contact attorney, Maria Gorman as soon as possible. Whether defending a client against a misdemeanor, DWI/DUI charges, a felony drug crime, or fighting for a defendant’s freedom in aggravated felony allegations, the outcome of our efforts affects the individual’s life.
Maria Gorman is a Criminal defense attorney with hearing and trial experience. Maria has been successful in dismissing cases based on speedy trial violations, including resisting arrest, assault, and bad DWI cases. Maria is committed and will fight for you no matter how bad the case. Maria represents all misdemeanors and D&E felonies.
Discover firsthand testimonials showcasing the exceptional service and satisfaction experienced by those who have entrusted Montano Law Group with their immigration needs.
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Criminal Laws | JULY 10, 2020
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