Are you trying to come to the United States to work, study, join family, or find safety from dangerous conditions in your home country? You know that the immigration process can feel daunting and it is normal to feel overwhelmed. An Omaha immigration lawyer can help you navigate the red tape and achieve the immigration status you need to come to the United States legally.

At Mueller Schmidt Mulholland & Cooling, we understand that every immigration story is unique, which is why we will take the time to listen to your goals, needs, and concerns. Our legal team stay up-to-date on the latest changes in the immigration system, immigration law and policy to provide you with the most accurate and effective advice for your situation. Whether you apply for a family-based green card, employment visa, citizenship, or humanitarian relief, we are here to guide you forward.

Contact us online or call us today at 402-999-9000 for a free initial consultation on your immigration law case in Omaha and the surrounding areas. Check out our client testimonials and case results to see the knowledge and experience our team can bring to your case.

Table Of Contents

Family-Based Immigration

One of the most common reasons people seek to immigrate to the United States is to be with family. U.S. family immigration law allows certain family members of U.S. citizens and permanent residents (green card holders) to apply for visas or green cards based on their family relationship.

If you are a U.S. citizen, you can petition for the following family members to immigrate:

Spouse
Unmarried children under 21
Unmarried sons or daughters over 21
Married children of any age
Parents (if you are over 21)
Siblings (if you are over 21)

If you are a green card holder, you can petition for:

Spouse
Unmarried children under 21
Unmarried sons or daughters over 21

The family immigration process typically involves two main steps:

The U.S. citizen or green card holder files a petition (Form I-130) with U.S. Citizenship and Immigration Services (USCIS) to verify their relationship to the foreign family member.
Once the I-130 is approved, the foreign family member applies for an immigrant visa through the U.S. Department of State or, if already in the U.S., for adjustment of status to permanent residence.

Wait Times Within the Immigration System

The specific process and waiting times vary depending on the type of family relationship and the country of origin. Some categories – such as spouses, unmarried children under 21, and parents of U.S. citizens – are considered “immediate relatives” and have visas immediately available. Other categories are subject to annual numerical limits and may involve longer waits.

Our Omaha immigration attorneys can review your situation and determine which family members are eligible to immigrate, gather the necessary documentation to prove your relationship and navigate the filing process with USCIS and the State Department. Our law firm can also advise you on strategies for bringing your family together as quickly as possible, with legal services such as applying for a K-1 fiancé/fiancée visa or a K-3 spousal visa to come to the U.S. faster while awaiting permanent residence.

Employment-Based Immigration

The United States offers a number of options for foreign nationals who wish to work or invest in the country temporarily or permanently. Some common employment-based immigration visa categories include:

H-1B visas for workers in specialty occupations that require a bachelor's degree or equivalent
L visas for intracompany transferees who have worked abroad for a related company
O visas for those with extraordinary ability or achievement in their field
E visas for treaty traders and investors from countries with commerce treaties with the U.S.
TN visas for professionals from Mexico and Canada under NAFTA

In most cases, the U.S. employer must first file a petition with USCIS to sponsor the foreign worker. For some categories, such as H-1B and permanent residence (green card), the employer must also obtain a labor certification from the U.S. Department of Labor to show that there are no qualified U.S. workers available for the position.

Our Omaha immigration lawyers can guide employers and employees through the complex process of obtaining work authorization in the U.S. Our law firm can assist with determining eligibility, preparing and filing petitions, gathering necessary documentation, and responding to any requests for evidence or challenges from USCIS.

Citizenship and Naturalization Process

For many immigrants, the goal is to become a U.S. citizen through a process called naturalization. To be eligible for naturalization, you must:

Be at least 18 years old
Have been a lawful permanent resident for at least five years (or three years if married to a U.S. citizen)
Meet continuous residence and physical presence requirements
Demonstrate good moral character
Pass English and civics tests (with some exceptions)
Take an Oath of Allegiance to the United States

How Immigration Attorneys Can Help With Citizenship & Naturalization

Our experienced immigration attorneys can assess your eligibility for naturalization, identify any potential obstacles (such as criminal law issues or prolonged absences from the U.S.), and help you prepare a strong application package. Our law firm can also guide you through the interview process and help you study for the English and civics exams.

In addition to naturalization, our immigration lawyers assist with other citizenship matters, such as acquiring citizenship for children born abroad to U.S. citizen parents and obtaining certificates of citizenship for individuals who derived or acquired citizenship through their parents.

Asylum and Humanitarian Relief

The U.S. offers several programs to provide protection and legal status to individuals who are fleeing persecution, violence, or other dangerous conditions in their home countries. Sometimes also referred to as victim-based visa petitions, these include:

Asylum for those who have endured or dread persecution due to their race, nationality, political beliefs, or affiliation with a specific social category. Asylum can be requested affirmatively or as a defense to deportation.
Temporary Protected Status (TPS) for nationals of specific countries designated by the Secretary of Homeland Security as unsafe to return to due to armed conflict, natural disaster, or other extraordinary conditions. TPS provides temporary permission to live and work in the U.S.
Special Immigrant Juvenile Status (SIJS) for children who have been abused or neglected by one or both parents and whose best interests would not be served by returning to their home country. SIJS provides a path to permanent residence.
U visas for victims of crimes who have suffered substantial physical or mental abuse and agree to cooperate with law enforcement in the investigation of the crime. U visas provide temporary status and a path to permanent residence.
T visas for victims of human trafficking who assist law enforcement (with some exceptions). T visas also provide temporary status and a path to permanent residence.
VAWA (Violence Against Women Act) self-petitions for abused spouses, children, and parents of U.S. citizens or permanent residents. VAWA allows victims to seek immigration status independently of their abusers.

How an Immigration Lawyer Can Help With Humanitarian Relief

Seeking asylum or other humanitarian relief can be a challenging and emotional process. Our compassionate Omaha immigration lawyers can help you understand your options, gather necessary evidence, and present a compelling case for protection. Our law firm can also connect you with local resources and support services to help you rebuild your life in the U.S.

Get in Touch with an Immigration Lawyer from Mueller Schmidt Mulholland & Cooling

Deportation and Removal Defense

Facing deportation or removal proceedings can be a frightening and stressful experience. However, you have rights and may have defenses to fight your removal and stay in the United States. Some common defenses under immigration law include:

Challenging the grounds of removal (i.e., arguing that the government has not met its burden to prove that you are deportable)
Seeking asylum, withholding of removal, or protection under the Convention Against Torture if you fear persecution or torture in your home country
Applying for cancellation of removal if you have been in the U.S. for a certain period and meet other eligibility criteria
Adjusting status to permanent residence through a family member or employer (if eligible)
Seeking prosecutorial discretion (asking ICE to close or not pursue your case based on positive factors)

How Our Attorneys Can Help If You Are Detained

If immigration authorities detain you, our attorneys and law firm can help you request a bond hearing to seek your release while your case is pending. We can also represent you in federal court litigation, in all hearings before the immigration court. Our legal team can also assist with immigration appeals. Our team will present evidence and testimony on your behalf, and advocate for the best possible outcome in your case.

It is important to act quickly if you are facing removal proceedings, as you may have limited time to apply for relief or present your defenses. Our Omaha deportation defense lawyers can assess your case, explain your options, and provide the skilled and aggressive representation you need to protect your rights and fight to remain in the U.S.

Contact an Omaha Immigration Lawyer Today

At Mueller Schmidt Mulholland & Cooling, we are committed to providing personalized and effective immigration solutions for our clients. Our experienced immigration attorneys know that every case is unique, and we will take the time to understand our immigration clients’ needs, answer your questions, and develop a customized strategy to achieve your goals. We want to provide you with the high-quality, reliable, and affordable immigration law help you need during this difficult time.

If you face an immigration issue, contact us online or call 402-999-9000 today to schedule a confidential consultation with one of our skilled Omaha immigration lawyers. Let our legal team share our knowledge, experience, and dedication to work making your family whole.

Immigration Attorneys Serving Omaha