Immigration

Ms. Bush is one of the very few lawyers in Northwest Arkansas that has devoted her practice to immigration related cases, and her background is extensive. Ms. Bush worked for the Department of Justice and clerked for a Federal Immigration Judge in Memphis, Tennessee, one of the courts that hears immigration cases from Arkansas and others states surrounding Tennessee. During her time at the Immigration Court, part of the Executive Office of Immigration Review, Ms. Bush read pending cases, researched case law and legislation, wrote decisions of the Immigration Judge, and assisted with the administrative functions of the court.

Ms. Bush has successfully represented clients in the Dallas, Kansas City, and Memphis Federal Immigration Courts, where her clients have been granted relief from deportation, including termination and administrative closure of removal proceedings, granted legal permanent resident status, or retention of their green cards in the U.S. Ms. Bush has also won appeals to the Board of Immigration Appeals, BIA, for clients who had previously been ordered to be deported in Immigration Court. She also regularly represents clients in a wide variety of applications with the United States Citizenship and Immigration Services offices, USCIS, with an exemplary record of approvals.

Ms. Bush is also multi-lingual and has worked with clients from all over the world. She is known for her diligence, perseverance, and passion for representing her clients and their families. She has a reputation for her knowledge of the complexities of the immigration laws and knowing how the process applies best for each family. She has been a member of the American Immigration Lawyers Association since 2011, and is always up to date on the constantly changing immigration laws, policies, and benefits to best serve her clients’ interests.

Legal Permanent Residency (Green Cards)

There are several ways to become a legal permanent resident. Your employer or family member may apply for you, or you may have an independent basis to gain Legal Permanent Resident status. The most common way is through a family member who is a U.S. citizen or legal permanent resident. U.S. citizens can file petitions to sponsor their spouses, parents, children and siblings for permanent residency. Legal permanent residents can file petitions to sponsor their spouses and children.

After the petition is approved, the beneficiary of the petition must apply for his or her green card or immigrant visa. Many people have grounds of inadmissibility that must be waived or pardoned in order for them to become a Legal Permanent Resident. A new provision that began in 2013 and expanded in August 2016 allows certain applicants who previously would have had to leave the country for an extended period and apply for the waiver abroad to have their waivers decided before they leave the U.S., greatly reducing their time apart from their families before returning to the U.S. on their immigrant visas. This waiver is the Provisional Wavier Program (I-601A) Unlawful Presence Waiver for Aliens with Citizen and Legal Permanent Resident  Immediate Relatives. Contact our office for more information.

Family Petitions (I-130)

Do you want to help your spouse or family living in the U.S. gain their Legal Permanent Resident Status or Green Card or to bring your relative to the United States? The first step in this process is filing a petition on their behalf. Do not trust your case to people who are not authorized to practice law, often known as notaries or “notaris” who do not understand immigration laws, and who seek to take advantage of you. Seek the advice of an experienced attorney who will provide individualized assistance.

Fiancé Visas

We can help you bring your fiancé to the United States as soon as possible. Do not risk losing expensive filing fees and precious time trying to navigate this process on your own. We have the experience necessary to do it right the first time.

National Visa Center Processing to Receive Visa for U.S. Embassies or Consulates

We can help you through the process to bring your eligible family members to the United States. The National Visa Center (NVC) requires forms and supporting documents to be completed and properly submitted in order to proceed with the interview at the U.S. Consulate abroad. This can be a confusing and complicated process. Our can help to accelerate this difficult process as much as possible.

Waivers of Inadmissibility

We have all made mistakes in our lives. There are, in many cases, options for people to gain legal status in the U.S. and avoid deportation even when their past is not perfect. We will consider what options may be available to you and put together your waiver and all of the supporting documents necessary to give you the greatest chance of success in this process.

Provisional Wavier Program (I-601A) Unlawful Presence Waiver

A new provision that began in 2013 and expanded in August 2016 allows certain applicants who have come into the United States illegally to apply for their waivers in the U.S.  Previously, applicants would have had to leave the country for an extended period and apply for the waiver abroad. Now they can have their waivers decided before they leave the U.S., greatly reducing their time apart from their families before returning to the U.S. on their immigrant visas. You must have an approved I-130 Petition for your relative, and his or her visa number must be available before you can apply. So start this process now to be able to take advantage of this opportunity.

Immigration Bonds

A person can be detained by Immigration and Customs Enforcement (ICE) for a number of reasons. For example, when a person is found to be in the United States illegally and is arrested for any type of crime or even pulled over for a traffic violation and arrested for not have a driver’s license, ICE may put a “hold” on the person. Then the detained person is not able to be released from the jail even when they have paid the local bond. We can help you in the process to try to get your friend or family member out of ICE custody as soon as possible.

Representation in Immigration Court or Removal Proceedings

We can provide assistance to clients who are trying to find a way to remain in the United States when they are being charged as being deportable or inadmissible to the U.S.  People are put into removal proceedings for a number of reasons. Some examples of when a person is issued a Notice to Appear, NTA, include illegal entry, overstay or violation of visa, fraud, and criminal conduct. Our representation in removal proceedings ensures that you are pursuing the correct options that give you the best chance to stay, and in certain cases, work with authorization in the meantime.  Do not waste this opportunity to file applications that may allow you to stay.  This may include and applications for asylum, cancellation of removal, or adjustment of status. We can also assist in appealing your case to the Board of Immigration Appeals if an appeal is necessary. Seek the advice of an experienced attorney before it is too late.

Immigration Appeals (Appeals to the Board of Immigration Review)

Do not lose the opportunity to appeal the decision of the Immigration Judge on your case. In order to appeal your case the appeal must be filed properly and on time. There is no room for error at this stage in your case so, seek our legal assistance immediately following the denial of your case to determine if your case may have a second chance. In most cases, while your appeal is pending you will be able to stay in the U.S. while a decision is reached. This process can take more than a year, and your work authorization should continue to be renewed during this time.

Naturalization and U.S. Citizenship

Do not lose the opportunity to become a U.S. Citizen. You can lose your Legal Permanent Resident status just due to committing certain misdemeanors or spending too much time outside of the U.S. If you obtained your green card through your current U.S. Citizen spouse, you may be eligible to apply for citizenship 90 days before your third year as a Legal Resident. If you became a resident through other means, you may be eligible to apply 90 days before your fifth year as a Legal Resident.

Other special circumstances affecting eligibility for U.S. citizenship may apply to your case as well, for example, if you are a U.S. Military Service Member. Also, some people automatically acquire citizenship through their parents and may file for a Certificate of Citizenship rather than Naturalization. This includes some children born abroad to U.S. citizens and, in certain circumstances, children whose parents naturalized before the children turned 18 years of age.

However, the laws that govern eligibility for citizen are more complicated than one would think. So, do not trust your case to people who are unauthorized to practice law, who do not understand immigration laws, and who seek to take advantage of you. Seek the advice of an experienced attorney who will provide individualized assistance.

Deferred Action for Childhood Arrivals, commonly incorrectly referred to as Dream Act or “Dreamers”

As of August 15, 2012, people that came to the country before turning 16 years of age may be eligible for Deferred Action for Childhood Arrivals, DACA. If the applicant is granted DACA, they may gain work authorization that will allow them to obtain a Social Security card and, in most states, the option to apply for a driver’s license. If the applicant was under the age of 31 as of June 15, 2012 and came to the United States before turning 16 years or age and meets the requirements below, they are excellent candidates for this benefit.

  1. Have lived in the United States since June 15, 2007 to the present time;
  2. Are in High School or taking GED courses, have graduated High School or have a GED certificate, or were honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  3. Are not prevented by your criminal record. Please speak with our attorneys to determine whether your record will affect your application.
Violence against Women Act (VAWA)

If you, regardless of your gender, have been physically or mentally abused by your United States Citizen or Legal Permanent Resident spouse or parent, or United States Citizen child, you may be eligible to file a petition under the Violence Against Women Act (VAWA) without the abuser’s knowledge. If granted, you will gain Legal Permanent Resident Status and may later apply for citizenship.

U-Visas for Victims of Crime

Have you been a victim of a crime? Did you know that there is a special provision to help victims of certain crimes willing to report this crime to the police and cooperate with the investigation? We can help you determine if you qualify and walk you through the process to gain work permission and later apply for your Green Card through this approved visa. Do not delay, seek the advice of an experienced attorney.

Temporary Protected Status

Temporary Protected Status, TPS, was created to allow designated nationalities in the U.S. the ability to stay in the U.S. with work permission instead of being forced to return to their home country. TPS may be designated due to conditions in a foreign country that prevent the safe return of their citizens or, in certain circumstances, where the country is unable to handle the return of its citizens. Countries designated for TPS do change but have included El Salvador, Guinea, Liberia, Nepal, Syria, Haiti, Honduras, Nicaragua, El Salvador, Somalia, Sierra Leone, Yemen, Sudan, and South Sudan. We can help you file or renew your TPS or, if you are qualified, apply for late-TPS or register during open registration.

Non-Immigrant Visas to Work in the United States

In order to come to the United States to work you will need to apply for a visa based on your qualifications and area of work. A few examples are visas for Foreign nationals with extraordinary ability in Sciences, Arts, Education, Business or Athletics (O visas), International cultural exchange visitors (Q visas), Intra-company transferees (L visas), Performing athletes, artists, entertainers (P visas), Specialty occupations in fields requiring highly specialized knowledge (H-1B), Temporary agricultural workers (H-2A), Temporary workers performing other services or labor of a temporary or seasonal nature (H-2B), Training in a program not primarily for employment (H-3), Religious Worker (R visa), and Treaty Trader and Investors (E visa). Contact our office for more information

Employment-Based Immigration

Every year employment-based immigrant visas are given up to the allotted quota, to applicants who qualify based on their skills and/or work experience. There are five preference categories (EB-1 through EB-5) that determine the process, which in combination with their country of origin, determine the amount of time the applicant must wait to receive their visa. Certain spouses and children may accompany or follow-to-join employment-based immigrants.

I-9 Employment Eligibility Verification, I-9 Compliance, Audits, and Worksite

Did you know that as an employer you may be heavily fined or even criminally prosecuted for failing to comply with the rules of verifying eligibility to work through I-9 compliance? The Immigration Reform and Control Act requires employers to verify the identity and employment eligibility of their employees and creates criminal and civil sanctions for employment related violations. Your records could be audited at anytime. Penalties can range from $375 to $16,000 per violation. We can assist you with coming into compliance before it is too late. If you have already been fined we can work to try to lower the penalties as much as possible. Contact our office for more information.

Immigration

 

Ms. Bush is one of the very few lawyers in Northwest Arkansas that has devoted her practice to immigration related cases, and her background is extensive. Ms. Bush worked for the Department of Justice and clerked for a Federal Immigration Judge in Memphis, Tennessee, one of the courts that hears immigration cases from Arkansas and others states surrounding Tennessee. During her time at the Immigration Court, part of the Executive Office of Immigration Review, Ms. Bush read pending cases, researched case law and legislation, wrote decisions of the Immigration Judge, and assisted with the administrative functions of the court.

Ms. Bush has successfully represented clients in the Dallas, Kansas City, and Memphis Federal Immigration Courts, where her clients have been granted relief from deportation, including termination and administrative closure of removal proceedings, granted legal permanent resident status, or retention of their green cards in the U.S. Ms. Bush has also won appeals to the Board of Immigration Appeals, BIA, for clients who had previously been ordered to be deported in Immigration Court. She also regularly represents clients in a wide variety of applications with the United States Citizenship and Immigration Services offices, USCIS, with an exemplary record of approvals.

Ms. Bush is also multi-lingual and has worked with clients from all over the world. She is known for her diligence, perseverance, and passion for representing her clients and their families. She has a reputation for her knowledge of the complexities of the immigration laws and knowing how the process applies best for each family. She has been a member of the American Immigration Lawyers Association since 2011, and is always up to date on the constantly changing immigration laws, policies, and benefits to best serve her clients’ interests.

Legal Permanent Residency (Green Cards)

 

There are several ways to become a legal permanent resident. Your employer or family member may apply for you, or you may have an independent basis to gain Legal Permanent Resident status. The most common way is through a family member who is a U.S. citizen or legal permanent resident. U.S. citizens can file petitions to sponsor their spouses, parents, children and siblings for permanent residency. Legal permanent residents can file petitions to sponsor their spouses and children.

After the petition is approved, the beneficiary of the petition must apply for his or her green card or immigrant visa. Many people have grounds of inadmissibility that must be waived or pardoned in order for them to become a Legal Permanent Resident. A new provision that began in 2013 and expanded in August 2016 allows certain applicants who previously would have had to leave the country for an extended period and apply for the waiver abroad to have their waivers decided before they leave the U.S., greatly reducing their time apart from their families before returning to the U.S. on their immigrant visas.This waiver is the Provisional Wavier Program (I-601A) Unlawful Presence Waiver for Aliens with Citizen and Legal Permanent Resident  Immediate Relatives. Contact our office for more information.

Family Petitions (I-130)

Do you want to help your spouse or family living in the U.S. gain their Legal Permanent Resident Status or Green Card or to bring your relative to the United States? The first step in this process is filing a petition on their behalf. Do not trust your case to people who are not authorized to practice law, often known as notaries or “notaris” who do not understand immigration laws, and who seek to take advantage of you. Seek the advice of an experienced attorney who will provide individualized assistance.

Fiancé Visas

We can help you bring your fiancé to the United States as soon as possible. Do not risk losing expensive filing fees and precious time trying to navigate this process on your own. We have the experience necessary to do it right the first time.

National Visa Center Processing to Receive Visa from U.S. Embassies or Consulates

We can help you through the process to bring your eligible family members to the United States. The National Visa Center (NVC) requires forms and supporting documents to be completed and properly submitted in order to proceed with the interview at the U.S. Consulate abroad. This can be a confusing and complicated process. Our can help to accelerate this difficult process as much as possible.

Waivers of Inadmissibility

We have all made mistakes in our lives. There are, in many cases, options for people to gain legal status in the U.S. and avoid deportation even when their past is not perfect. We will consider what options may be available to you and put together your waiver and all of the supporting documents necessary to give you the greatest chance of success in this process.

Provisional Wavier (I-601A) Unlawful Presence Waiver

A new provision that began in 2013 and expanded in August 2016 allows certain applicants who have come into the United States illegally to apply for their waivers in the U.S.  Previously, applicants would have had to leave the country for an extended period and apply for the waiver abroad. Now they can have their waivers decided before they leave the U.S., greatly reducing their time apart from their families before returning to the U.S. on their immigrant visas. You must have an approved I-130 Petition for your relative, and his or her visa number must be available before you can apply. So start this process now to be able to take advantage of this opportunity.

Immigration Bonds

A person can be detained by Immigration and Customs Enforcement (ICE) for a number of reasons. For example, when a person is found to be in the United States illegally and is arrested for any type of crime or even pulled over for a traffic violation and arrested for not have a driver’s license, ICE may put a “hold” on the person. Then the detained person is not able to be released from the jail even when they have paid the local bond. We can help you in the process to try to get your friend or family member out of ICE custody as soon as possible.

Representation in Immigration Court or Removal Proceedings

We can provide assistance to clients who are trying to find a way to remain in the United States when they are being charged as being deportable or inadmissible to the U.S.  People are put into removal proceedings for a number of reasons. Some examples of when a person is issued a Notice to Appear, NTA, include illegal entry, overstay or violation of visa, fraud, and criminal conduct. Our representation in removal proceedings ensures that you are pursuing the correct options that give you the best chance to stay, and in certain cases, work with authorization in the meantime.  Do not waste this opportunity to file applications that may allow you to stay.  This may include and applications for asylum, cancellation of removal, or adjustment of status. We can also assist in appealing your case to the Board of Immigration Appeals if an appeal is necessary. Seek the advice of an experienced attorney before it is too late.

Immigration Appeals

Do not lose the opportunity to appeal the decision of the Immigration Judge on your case. In order to appeal your case the appeal must be filed properly and on time. There is no room for error at this stage in your case so, seek our legal assistance immediately following the denial of your case to determine if your case may have a second chance. In most cases, while your appeal is pending you will be able to stay in the U.S. while a decision is reached. This process can take more than a year, and your work authorization should continue to be renewed during this time.

Naturalization and U.S. Citizenship

Do not lose the opportunity to become a U.S. Citizen. You can lose your Legal Permanent Resident status just due to committing certain misdemeanors or spending too much time outside of the U.S. If you obtained your green card through your current U.S. Citizen spouse, you may be eligible to apply for citizenship 90 days before your third year as a Legal Resident. If you became a resident through other means, you may be eligible to apply 90 days before your fifth year as a Legal Resident.

Other special circumstances affecting eligibility for U.S. citizenship may apply to your case as well, for example, if you are a U.S. Military Service Member. Also, some people automatically acquire citizenship through their parents and may file for a Certificate of Citizenship rather than Naturalization. This includes some children born abroad to U.S. citizens and, in certain circumstances, children whose parents naturalized before the children turned 18 years of age.

However, the laws that govern eligibility for citizen are more complicated than one would think. So, do not trust your case to people who are unauthorized to practice law, who do not understand immigration laws, and who seek to take advantage of you. Seek the advice of an experienced attorney who will provide individualized assistance.

Deferred Action for Childhood Arrivals, commonly incorrectly referred to as Dream Act or “Dreamers”

As of August 15, 2012, people that came to the country before turning 16 years of age may be eligible for Deferred Action for Childhood Arrivals, DACA. If the applicant is granted DACA, they may gain work authorization that will allow them to obtain a Social Security card and, in most states, the option to apply for a driver’s license. If the applicant was under the age of 31 as of June 15, 2012 and came to the United States before turning 16 years or age and meets the requirements below, they are excellent candidates for this benefit.

  1. Have lived in the United States since June 15, 2007 to the present time;
  2. Are in High School or taking GED courses, have graduated High School or have a GED certificate, or were honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  3. Are not prevented by your criminal record. Please speak with our attorneys to determine whether your record will affect your application.
Violence against Women Act (VAWA)

If you, regardless of your gender, have been physically or mentally abused by your United States Citizen or Legal Permanent Resident spouse or parent, or United States Citizen child, you may be eligible to file a petition under the Violence Against Women Act (VAWA) without the abuser’s knowledge. If granted, you will gain Legal Permanent Resident Status and may later apply for citizenship.

U-Visas for Victims of Crime

Have you been a victim of a crime? Did you know that there is a special provision to help victims of certain crimes willing to report this crime to the police and cooperate with the investigation? We can help you determine if you qualify and walk you through the process to gain work permission and later apply for your Green Card through this approved visa. Do not delay, seek the advice of an experienced attorney.

Temporary Protected Status

Temporary Protected Status, TPS, was created to allow designated nationalities in the U.S. the ability to stay in the U.S. with work permission instead of being forced to return to their home country. TPS may be designated due to conditions in a foreign country that prevent the safe return of their citizens or, in certain circumstances, where the country is unable to handle the return of its citizens. Countries designated for TPS do change but have included El Salvador, Guinea, Liberia, Nepal, Syria, Haiti, Honduras, Nicaragua, El Salvador, Somalia, Sierra Leone, Yemen, Sudan, and South Sudan. We can help you file or renew your TPS or, if you are qualified, apply for late-TPS or register during open registration.

Non-Immigrant Visas to Work in the United States

In order to come to the United States to work you will need to apply for a visa based on your qualifications and area of work. A few examples are visas for Foreign nationals with extraordinary ability in Sciences, Arts, Education, Business or Athletics (O visas), International cultural exchange visitors (Q visas), Intra-company transferees (L visas), Performing athletes, artists, entertainers (P visas), Specialty occupations in fields requiring highly specialized knowledge (H-1B), Temporary agricultural workers (H-2A), Temporary workers performing other services or labor of a temporary or seasonal nature (H-2B), Training in a program not primarily for employment (H-3), Religious Worker (R visa), and Treaty Trader and Investors (E visa). Contact our office for more information

Employment-Based Immigration

Every year employment-based immigrant visas are given up to the allotted quota, to applicants who qualify based on their skills and/or work experience. There are five preference categories (EB-1 through EB-5) that determine the process, which in combination with their country of origin, determine the amount of time the applicant must wait to receive their visa. Certain spouses and children may accompany or follow-to-join employment-based immigrants.

I-9 Employment Eligibility Verification, I-9 Compliance, Audits, and Worksite

Did you know that as an employer you may be heavily fined or even criminally prosecuted for failing to comply with the rules of verifying eligibility to work through I-9 compliance? The Immigration Reform and Control Act requires employers to verify the identity and employment eligibility of their employees and creates criminal and civil sanctions for employment related violations. Your records could be audited at anytime. Penalties can range from $375 to $16,000 per violation. We can assist you with coming into compliance before it is too late. If you have already been fined we can work to try to lower the penalties as much as possible. Contact our office for more information.

Phones answered 24/7. Contact us for a free initial consultation.

The Wilkinson Law Firm is based in Bentonville, AR and handles cases all over the State of Arkansas. The Northwest Arkansas region is the firm’s primary practice area including: Bentonville, AR, Rogers, AR, Fayetteville, AR, Springdale, AR, Bella Vista, AR, Eureka Springs, AR. The Wilkinson Law Firm regularly accepts high profile cases from all over the State of Arkansas.

Phones answered 24/7. Contact us for a free initial consultation.

The Wilkinson Law Firm is based in Bentonville, AR and handles cases all over the State of Arkansas. The Northwest Arkansas region is the firm’s primary practice area including: Bentonville, AR, Rogers, AR, Fayetteville, AR, Springdale, AR, Bella Vista, AR, Eureka Springs, AR. The Wilkinson Law Firm regularly accepts high profile cases from all over the State of Arkansas.

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