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Philip Levin & Associates

Immigration Law

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  • Home
  • Practice Areas
    • Hearings & Appeals
    • Deportation, Removal & Asylum
    • Family Immigration
    • Marriage
    • Employment Visa
    • H-1B Work Visas
    • E-1 & E-2 Visas
    • Labor Certifications
    • I-9/Worksite Enforcement
  • Attorneys
    • Philip M. Levin, Managing Partner
    • Don L. Pangilinan, Associate
    • Alec P. Wilczynski, Of Counsel
    • Ana Gandara, Of Counsel
    • Cara Cox, Associate
    • Rachel Goodman, Associate
  • Blog
  • Testimonials
  • Contact Us

Hearings & Appeals

If your case is denied, Philip Levin & Associates, San Francisco immigration lawyers, will assist you with the necessary research to determine whether an appeal will be successful. You can appeal the denial of many petitions and applications for immigration benefits. An appeal is generally filed to ask a higher authority to review the lower office’s decision. There are strict deadlines and legal requirements that must be met when filing an appeal. Ensuring your appeal is timely and properly filed with the appropriate office is part of Philip Levin & Associates’ job. We will work hard and efficiently to ensure that the best researched arguments with the greatest chances of success are made on your behalf. Below is a brief summary of common types of appeals we handle:

Appeals to the Administrative Appeals Office (AAO)

Generally, appeals of denials of immigration petitions are made to the Administrative Appeals Office (AAO). The AAO is responsible for the appeals of more than 40 categories of immigration petitions and applications. However, certain decisions are appealed to the Board of Immigration Appeals (BIA).

Appeals and Motions to the Board of Immigration Appeals (BIA)

Final orders of removal or deportation by an Immigration Judge may be appealed to the Board of Immigration Appeals (BIA). The BIA is the government agency responsible for reviewing decisions by Immigration Judges and interpreting immigration laws. Under certain circumstances, you may ask the

Immigration Judge or BIA to review the case again. A Motion to Reopen or Reconsider is filed with the court that last heard the case.

Motions to Reopen or Reconsider

In addition to the right to appeal (in which you ask a higher authority to review an unfavorable decision), you may file a Motion to Reopen or a Motion to Reconsider with the office that made the unfavorable decision. Which motion to file and whether to do so is generally guided by regulation and case law. Our lawyers will assist you in determining whether you have new evidence that must be submitted or if the CIS decision was not properly based in law.

Petitions for Review

BIA decisions are often the final administrative action in a given case. The next stage of appeal after a BIA decision regarding removal or deportation is in the U.S. Court of Appeals. Our attorneys have the experience to guide you through the channels of Federal Court and in filing a well-prepared Petition for Review.

Federal District Court

Filing a Mandamus Action — Mandamus can be used to compel administrative agencies to act and is used to request adjudication of a delayed immigration petition or application, such as an application for naturalization or adjustment of status.

Motions for Summary Judgment

Filing a motion for summary judgment can be used to persuade the court that the undisputed material facts require judgment to be entered in your favor. This strategy is often used to contest the denial of an employment-based or non-immigrant visa petition.

Philip Levin & Associates can assist with the following: immigration hearing and appeals; protecting your rights in regarding deportation, removal, asylum; family immigration; marriage immigration; employment visas; H1-B work visas; E-1 visas & E-2 visas; perm labor certification; and I-9 worksite enforcement. Contact Phillip & Levin Associates for immigration help and support.

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Practice Areas

  • Family Immigration
  • Marriage
  • Employment Visa
  • H-1B Work Visas
  • PERM Labor Certification
  • E-1 & E-2 Visas
  • Hearing & Appeals
  • Deportation, Removal, Asylum
  • I-9/Worksite Enforcement
San Francisco Main Office
930 Montgomery Street
Suite 502
San Francisco, CA 94133
       

San Francisco Main Office
930 Montgomery Street
Suite 502
San Francisco, CA 94133

Silicon Valley Office
5201 Great America Parkway
Suite 320
Santa Clara, CA 95054

Silicon Valley Office
5201 Great America Parkway
Suite 320
Santa Clara, CA 95054

North Bay Office
4040 Civic Center Drive
Suite 200
San Rafael, CA 94903

North Bay Office
4040 Civic Center Drive
Suite 200
San Rafael, CA 94903

Santa Barbara Office
3463 State Street
Suite 516
Santa Barbara, CA 93105
Los Angeles Office
445 S. Figueroa Street
Suites 2600 & 2700
Los Angeles, CA 90071
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R-1
TN

The TN nonimmigrant classification allows qualified Canadian and Mexican citizens to enter the U.S. and engage in professional business activities. PL&A will help you navigate through the TN application process by evaluating your eligibility, preparing supporting documentation for your application, and ultimately filing your application. 

B-1

PL&A will guide you through the consular process to receive a B-1 visa for specific short-term business purposes ranging from contract negotiations to seminars and conferences.

O-1

O-1 visas are for persons of extraordinary ability in the sciences, arts, education, business or sports. 

J-1

Administered by the Department of State, the J-1 visa is for students, trainees, academics, researchers, professionals or experts participating in an approved Exchange Visitor program. PL&A will assist you and your sponsor with preparing the necessary paperwork and the consular process so you can begin your program at ease. 

E-1 & E-2

E-1 visas and E-2 visas are for nationals of countries with which the United States has a treaty of friendship, commerce and navigation (FCN) or bilateral investment treaty (BIT). If you are a nonimmigrant trader or investor seeking to conduct business operations or develop a new enterprise in the U.S., we will help you file for the appropriate visa. As a recognized expert in this area, Mr. Levin will provide experienced and dependable assistance with E-1 or E-2 visa applications. 

  • E-1: If you are a national of a country that conducts a significant volume of trade with the U.S. (or if you intend to develop trade between the U.S. and your home country) you might be eligible for entry under an E-1 visa. 
  • E-2: The E-2 visa allows investors from treaty countries to enter the U.S. for purposes of directing and developing a business, with all the commitments and risks implicit in entrepreneurial activity. 
L-1

The L-1 visa category is for executives, managers or professionals employed by foreign affiliates of U.S companies. The L-1 visa is divided into two classifications:

  • L-1A Intracompany Transferee Executive or Manager
  • L-1B Intracompany Transferee Specialized Knowledge
H-1B

Many companies in the United States find themselves increasingly dependent on the talent, experience and energy of foreign national workers in professional, technical or specialized occupational fields. These employees typically enter the U.S. on nonimmigrant H-1B visas for “specialty occupations.” 

With extensive experience in business immigration, you can count on PL&A to guide your company or Human Resources department in preparing and filing an H-1B visa petition.

Green Card

Family preservation and reunification is a priority for our firm. Our attorneys have advised and assisted families from all over the world with entry visas, adjustment of status, and other immigration problems. 

  • Immediate Relatives: If you are the spouse, child, or parent of a U.S. citizen, we can help you obtain a green card through an Immediate Relative petition. 
  • Family-Based Preference: If your relative is a U.S. citizen or lawful permanent resident, we can assist you with your green card application through one of the family based preference categories.
Fiances

If you are a U.S. citizen and your fiancé/fiancée or spouse is overseas, our office will assist you to navigate the CIS requirements and regulations to have the case approved and then prepare you and your spouse for the interview at the U.S. Embassy. PL&A will also help you find the best ways to resolve any problems you encounter if a waiver is required in your case.

Marriage

Immigration through marriage is a common means of obtaining permanent residence in the U.S.  Since 1991, Philip Levin & Associates has helped hundreds of couples immigrate to the U.S. and build their lives together. 

  • I-130 Petition and Adjustment of Status: If you are married to a U.S. citizen, present in the U.S. and eligible to do so, our attorneys will assist you in preparing and filing the necessary I-130 petition and I-485 adjustment of status application in the U.S.
  • Immigrant Visa Consular Processing: If you are married to a U.S. citizen and reside abroad, we will assist you in preparing and filing the IV petition with an Embassy or Consulate-General in your native country. 
  • I-751, Remove Conditions on Residence: If you have been married less than two years at the time your green card was initially approved, our office will help you in the joint petition process to become a permanent resident.