The Greatest Firm You can Trust

Montaño Law Group

A trusted ally in navigating the intricate intersections of law and immigration, providing tailored legal solutions with expertise and compassion.

The Attorneys You Want On Your Side

Expert immigration attorneys dedicated to safeguarding your rights and navigating complex legal pathways with precision and care.

About me

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 received his Juris Doctor degree from Maurice A. Deane School of Law at Hofstra University and his Bachelors of Science Degree from Ithaca College and is a Combat Veteran of the United States Army.

Anthony Montaño

Founder & Senior Lawyer

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Legal Practice Areas

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.

Asylum

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: 

  • Changed circumstances that materially affect your eligibility for asylum or extraordinary circumstances relating to the delay in filing; and 
  • You filed within a reasonable amount of time given those circumstances. 

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: 

  • Retain and consider your application for asylum and also consider your eligibility for withholding of removal and protection under the Convention Against Torture (CAT) in a second interview. This is known as an Asylum Merits Interview. An asylum officer will decide whether you are eligible for asylum. If necessary, an asylum officer will also determine whether you demonstrated eligibility for withholding of removal or protection under CAT based on the record before USCIS; or 
  • Issue a Notice to Appear before an immigration judge for consideration of your asylum, withholding of removal, and CAT protection claims. When you file the Form I-589, Application for Asylum and for Withholding of Removal, with the immigration court, it places you in the “defensive” asylum process. See “Defensive Asylum Processing With EOIR” below for more information. 

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: 

  • They are referred to an immigration judge by USCIS after they have been determined to be ineligible for asylum at the end of the affirmative asylum process, or 
  • They are placed in removal proceedings because they: 
  • Were apprehended in the United States or at a U.S. port of entry without proper legal documents or in violation of their immigration status; or 
  • Were apprehended by U.S. Customs and Border Protection (CBP) trying to enter the United States without proper documentation, were placed in the expedited removal process, and were found to have a credible fear of persecution or torture by an asylum officer. See Questions & Answers: Credible Fear Screenings for more information on the credible fear process. 

Immigration judges hear defensive asylum cases in adversarial (courtroom-like) proceedings, as necessary. The judge will hear arguments from both of the following parties: 

  • You (and your attorney, if represented) 
  • The U.S. government, which is represented by an attorney from U.S. Immigration and Customs Enforcement (ICE) 

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. 

Work Permits

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: 

  1. Applying for Asylum 
  1. Applying for TPS 
  1. Marriage based Green Card Applications 
  • Call us to see if you might qualify. 

TPS

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: 

  • Ongoing armed conflict (civil war) 
  • Environmental Disasters (earthquakes, hurricanes,), epidemic 
  • Other extraordinary and temporary conditions 

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. 

Cancelation of Removal

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.

Immigration Waivers

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 

  • I-601A Provisional Unlawful Presence Waiver – If you have been sponsored for a green card by your spouse, child, parent, or employer, but are ineligible to adjust your status in the United States because you do not have proof of your entry into the United States, you may be eligible to file an application for a provisional unlawful presence waiver with USCIS while you are in the United States. This waiver is also available if you overstayed your visa and are seeking to adjust your status in a preference category, or you entered the United States as a K-1 fiancé or crewman. 

 

  • Approval of the provisional unlawful presence waiver will allow you to travel outside the United States to attend your Embassy interview without triggering the 3/10-year unlawful presence bar and then return to the United States as a green card holder once the Embassy issues an immigrant visa to you. You are eligible to apply for a provisional unlawful presence waiver if you can show extreme hardship to your U.S. citizen or Lawful Permanent parent(s) and/or spouse. Children are not included as qualifying relatives for a provisional unlawful presence waiver. 

Marriage/Family based Green Cards

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.

  • Military Parole-in-Place – If you entered the United States without inspection and you are the spouse, widow(er), parent, son or daughter of an active-duty personnel or veteran of the U.S. armed forces or Selected Reserve of the Ready Reserve, you may be eligible to obtain an entry document (I-94) from USCIS allowing you to apply to adjust your status in the United States. 

 

  • 245(i) Adjustment – If you, your parents (when you were under the age of 21), or your spouse or former spouse, were the beneficiary of a qualifying immigrant visa petition (I-130, I-360 or I-140) or application for labor certification filed on or before April 30, 2001, you may be eligible to adjust your status under section 245(i) of the Immigration & Nationality Act as a grandfathered alien. 

VAWA (Battered Spouse Petition)

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. 

  • If you have been the victim of battery or extreme cruelty committed against you by: 
    • U.S. citizen / Permanent Resident spouse or former spouse;  
    • U.S. citizen / Permanent Resident parent, or  
    • U.S. citizen son or daughter, you may be eligible to apply to adjust your status in the United States based on your self-petition for a Green Card under the provisions of the federal Violence Against Women Act. 

 

Please contact us to determine if you might qualify for this immigration benefit. 

U-Visa – Victims of Serious Crimes

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: 

  • You have been a victim of certain serious crimes, and  
  • Have cooperated with law enforcement or government officials in the investigation or prosecution of the perpetrator.  

Criminal Activities Eligible for U-Visa Status as approved by USCIS

  • Felonious Assault 
  • Abduction 
  • Blackmail 
  • False Imprisonment 
  • Stalking 
  • Perjury 
  • Rape 
  • Sexual Assault 
  • Sexual Exploitation
  • Abusive Sexual Contact 
  • Extortion 
  • Manslaughter 
  • Hostage 
  • Incest 
  • Involuntary Servitude 
  • Kidnapping 
  • Murder 
  • Obstruction of Justice
  • Slave Trade
  • Torture
  • Trafficking
  • Witness Tampering
  • Unlawful Criminal Restraint
  • Female Genital Mutilation
  • Peonage
  • You will be eligible to apply for your Green Card after holding U visa status for three years. 
  • Family members may also qualify for U-Visa and a Green Card. 

SIJ (Special Immigrant Juvenile Status)

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: 

  1. They are a person under the age of 21;  
  1. They are not married; and  
  1. Have been abandoned, abused or neglected by one or both parents. 

 

If you or someone you know that description, they may be eligible.  

Business Immigration

1. Non-Immigrant Visas 

  • H-1B Specialty Occupational Visa 
    • A tool for U.S. employers to recruit professional talent with the requisite educational background needed for the specific job opportunities the employer seeks to fill.  

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.

  • L-1 visa – Intracompany transfers 
    • Is a tool that U.S. employers with foreign affiliates or partners in order to transfer either executive level, managers, or those with specialized knowledge of company functions qualify for temporary relocation to the U.S. help advance the companies U.S. endeavors.

About the L-1 Visa Categories and which one is better suits the needs of your company: 

  • L-1A is meant for Executives and Managers, meaning that the nonimmigrnat must be coming to the U.S. in the capacity that is managerial, executive, or is involved in the management of an internal business function. 
  • L-1B is designated for those who have ‘specialized knowledge’ of specific company products and there international applications or advanced knowledge of the company’s processes and procedures. 
  • Due to the complex regulatory requirements associated with the L-Visa categories 
  • E-3s 
    • Designated for professional Australian nationals 
  • TN Visa  
    • Designated for professional Canadian and Mexican nationals in the areas of Medicine, Science, or other Professional occupations. 
  • O Visa’s 
    • These visa types are available to those who have ‘extra ordinary’ ability in the sciences, arts, education, business, or athletics, which has been demonstrated by sustained national or international acclaim or who has a demonstrated record of extraordinary achievement in the motion picture or television industry.
      • O-1A is designated for those with extraordinary ability, who are documented to be at top of their fields in Business, Science, Education, or Athletics.  
      • O-1B is designated for individuals of extraordinary abilities in the arts or motion picture/television industry. 
      • There are significant evidentiary requirements for the O-visa category, please set up a consultation to see if you qualify
  • P-1 Visa 
    • You may temporarily work in the U.S. as an athlete or entertainer under the P-1 visa. Lets see about which P visa category is most applicable. 
      • The P-1A visa category applies to internationally recognized athletes coming to the U.S. temporarily (individually or as a team) to perform at a specific athletic competition, at an internationally recognized level of performance 
      • The P-1B visa category applies to foreign nationals coming to the U.S. temporarily to perform as a member of an entertainment group that has been recognized internationally as outstanding in the discipline for a substantial period of time. 
  • H-2A/H-2B 
    • These visa programs allow employers to employees temporarily for either agricultural or nonagricultural labor.  Learn more about whether the H-2B or H-2A visa programs is best suited for your business. 
      • H-2A visas are strictly designated for agricultural work 
      • H-2B vias are designated for nonagricultural labor or services in the United States on a one-time, seasonal, peak-load, or intermittent basis. 

 

2. Employment based Green Card options 

  • EB-1 – Employment Based First Preference Category. 
    • Aliens with Extraordinary ability in Business, Arts, Sciences, Athletics, or Entertainment 
    • Aliens who are Outstanding Professors and Researchers 
    • Certain Aliens who are Multinational Executives or Managers 
  • EB-2 Employment Based Second Preference. 
    • Aliens who are Members of the Profession holding an Advanced Degree 
    • Aliens of Exceptional Ability 
    • NATIONAL INTEREST WAIVER 
      • One of the most complex immigration matters, it requires that the applicant establish that they are a member of the professions or of exceptional ability, and that they are working in an area that has substantial merit, has national importance and would ne in the interest of the nation to forgo the Labor Certification Process (PERM) 
  • EB-3 Employment Based Third Preference: 
    • Skilled Workers 
    • Professionals 
    • Unskilled Workers 

 

  • PERM Labor Certification Applications
    • The labor certification process is required for employers in order to successfully hire foreign workers to permanently move to and work in the United States. 
      • PERM is required for employers seeking to hire those who fall within the Second (EB-2) and Third (EB-3) Preference categories for employment immigration visas. It’s the first step employers hiring foreign workers under those categories must meet. 
      • ** for EB-2 NIW, the PERM process is by-passed 

Criminal Defense

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. 

What Clients Say

Discover firsthand testimonials showcasing the exceptional service and satisfaction experienced by those who have entrusted Montano Law Group with their immigration needs.

Choosing Montaño law group was able to help reduce the doubt and confusion I had in the H-1B process. Anthony was able to guide me and my Human Resources Director through the process and detailed all the legal implications associated with hiring H-1B employees. It was our first time being introduced to the H-1B lottery as we typically hire H-1B transfers, but Anthony made the whole process seamless. Ill be working with Montaño Law Group for next year’s H-1B Cap season!
Mark
Client
Anthony helped me and my family apply for Temporary Protection Status. As Venezuelan citizens, we were unsure whether to apply for Asylum or TPS. Anthony discussed both processes in great detail in a way that was very easy to understand. With this information, my family and I decided to apply for TPS. Anthony was very helpful along the way, answering any questions we might have had.
Melissa
Client
I am currently working with Anthony as he helps my son apply for Special Immigrant Juvenile Status. He has done an excellent job representing my Son in Queens family court and has been able to secure the necessary documents from the family to submit to immigration. We are currently waiting for my Son’s application to be approved.
Shaun
Client

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