Brooklyn Immigration Lawyers Attorneys Queens NY NYC

IMMIGRATION

At The Law Offices of John Emefieh, we pride ourselves in providing professional customer service to all our clients at every step toward achieving your immigration goals.

If you are considering the services of Brooklyn immigration lawyers to professionally manage your visa matters, The Law Offices of John Emefieh, will confidently navigate your case through the complex U.S. immigration law process.

Additionally, we are pleased to offer you a vast array of information and news on our web site. Please take a moment and review our menu of legal services and information.

GREEN CARD
An immigrant is a foreign national who has been granted the privilege of living and working permanently in the United States. You must go through a multi-step process to become an immigrant.

First, the USCIS must approve an immigrant petition for you, usually filed by an employer or relative.

Second, the State Department must give you an immigrant visa number, even if you are already in the United States.

Third, if you are already in the United States, you may apply for an Adjustment of Status to permanent resident status. (If you are outside the United States, you will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.)

How does concurrent filing affect the filing for work authorization and advance parole?

Under the rule, immigrant visa applicants and their spouses can also seek employment authorization and/or advance parole simultaneously with their concurrent Form I-130 and Form I-485 filing. Advance parole is strongly discouraged due to the fact that an immigration officer will have the discretion to deny your re-entering into the country for any or no reason.

Who is eligible to file concurrently?

The interim rule applies to employment-based immigrant petitions under the First, Second and Third Preference categories (Section 203(b)(1),(2), and (3) of the Immigration and Nationality Act). Applicants with pending labor certification applications must await approval of the application by the Department of Labor to benefit from this provision. The following is a list of the types of Form I-130 immigrant petitions which benefit from this new rule:

· Individuals of Extraordinary Ability
· Outstanding Researchers
· Multinational Managers and Executives
· National Interest Waiver candidates (who hold an advanced degree or are of
exceptional ability)
· Advanced Degree Professionals with an underlying approved labor certification   from their sponsoring employer
· Professionals holding Bachelor's Degrees with an underlying approved labor   certification from their sponsoring employer
· Skilled Workers - i.e., are being offered a job that requires at least two years   experience, with an underlying approved labor certification from their   sponsoring employer
· Other workers (unskilled laborer who has an underlying approved labor   certification from their sponsoring employer)

When is an immigrant visa petition and adjustment application considered to be concurrently filed?

There are three instances in which immigrant visa petition Form I-130 and adjustment of status application Form I-485 will be considered concurrently filed:

1) Where the Form I-130 and Form I-485 are submitted simultaneously*, which is defined as:

· filed at the same time and mailed to the same Service Center
· enclosed within the same single mailing envelope; submitted with the correct filings fees
· and received on the same day (at the same Service Center)
(*This requires the applicant to have an immigrant visa available.)

2) Where a Form I-485 application is to join up with a currently pending
Form I-130 petition, provided that:

· a visa number is available
· the correct filing fee is enclosed
· there is proof of the proper receipt of the Form I-130 filing receipt (Form I-797,   Notice of Action), and
· it is filed at the same Service Center as the Form I-130 petition

3) Where an applicant is in deportation or removal proceedings before the Immigration Court or has an appeal pending before the Board of Immigration Appeals. In the above instance, the same rules as in #2 above apply except that the filing of the I-485 must be made with the Immigration Court or Board of Immigration Appeals, depending upon which body has jurisdiction over the case.

What Does the Law Say?

The Immigration and Nationality Act is a law that governs immigration in the United States. For the part of the law concerning permanent resident status, please see INA § 245. The specific eligibility requirements and procedures for adjusting to permanent resident status are included in the Code of Federal Regulations [CFR] at 8 CFR § 245.

Who is Eligible?

To find out who may apply for permanent residence in the United States, please see eligibility information under the work Visa and Family Based Visa sections on this web site. (Please note: your permanent resident status will be conditional if it is based on a marriage that was less than two years on the day you were given permanent residence.

How Do I Apply?

The Law Offices of John Emefieh, can process your Green Card application, whether on behalf of the company or the self-petitioning individual. Our law offices will carefully review your case and make recommendations on the most appropriate process for you or your company to pursue. We then assist with preparing documents and letters, continuing the case through the adjustment of status or consular processing stage, until the principal applicant and family members receive the Green Card.

Will I Get a Work Permit?

Applicants for adjustment to permanent resident status are eligible to apply for a work permit while their cases are pending. The Law Offices of John Emefieh can process your work permit application while your Adjustment of Status is pending. You do not need to apply for a work permit once you adjust to permanent resident status. As a lawful permanent resident, you will receive a permanent resident card that will prove that you have a right to live and work in the United States permanently.

Can I Travel Outside the United States?

If you are applying for adjustment to permanent resident status, you must receive advance permission to return to the United States if you are traveling outside the United States. This advance permission is called Advance Parole. If you do not apply for Advance Parole before you leave the country, you will abandon your application with the BCIS and you may not be permitted to return to the United States. Please contact our law offices for more information concerning Advance Parole.

WORK VISAS

Most popular temporary work permits for those entering a "specialty occupation." Valid for an initial period of three years, renewable up to a 6 year maximum (under certain circumstances, the six-year limit may be extended until an H1B worker obtains his/her green card). The H1B allows changes of employer as well as simultaneous work for two (or more) employers, provided that each employer petitions for a separate H-1B visa. Processing time varies from region to region (approximately 2-3 months East Coast; 3-4 months West Coast; 2-3 months South; 2-3 months North/Midwest).
To qualify for an H1B, a foreign national must have the following:

a U.S. employer-sponsor;
at least a U.S. Bachelor's Degree or its equivalent, or a combination of formal studies and substantial professional work experience (three years of progressive experience are considered the equivalent of one year of formal training at the university level);
an offer for a job that requires at least the equivalent of a U.S. Bachelor's Degree in a particular field.

Recognized occupational groups for this visa category might include: architecture; commercial arts; education; engineering; fashion models of outstanding merit; finance; marketing; computer/information technology; law; mathematics and sciences; medicine and health; editing; research; etc.

Foreigners with a Bachelor’s Degree, or its equivalent in work experience and specialized skills, are eligible for an H-1B visa (their dependents are eligible for an H-4 visa). To apply for this visa you must have the following requirements:

A job offer in the U.S. with a company willing to sponsor you
A salary and working conditions that matches what others are making in the same field in the area where you will be working
A Bachelor’s Degree or experience in the field of employment equivalent to a Bachelor’s Degree; or
Relevant work experience to the position offered

Visa Duration
H-1B visas last for 3 years.

Renewability Can be renewed or transferred repeatedly, for a total of 6 years of validity. The visa holder may also apply for permanent residency soon after applying for the H-1 (as a dual intent applicant).

What are the Employer’s Obligations?

If the H-1B employee is terminated for any reason before his/her authorization to work in the U.S. expires, the employer is liable for the reasonable transportation costs to return to the immigrant's last place of residence.
Employer is prohibited from charging a terminated H-1B employee a penalty for leaving his/her employment prior to any agreed date.
Employer must pay the H-1B employee the required wage no later than 30 days from the H-1B employee's entry into the U.S., or 60 days from the approval date of the visa petition if the H-1B employee is already in the U.S.
Employer must provide the same working conditions and pay the same benefits to H-1B employees as they do for U.S. employees.
The employer shall keep a copy of the LCA application and appropriate employment and wage records supporting the validity of the statements made in its LCA application and shall make this information available in the event that the U.S. Department of Labor or the U.S. Immigration Service requests it.

There are additional job posting requirements or "attestations" imposed on employers that are H-1B dependents. The guideline established by the Immigration and Nationalization Act (INA) below determines that an employer is H-1B dependent if:

The employer has a total of 1 to 25 FTE's (Full time equivalent employees), and employs 7 or more H-1B employees.
The employer has a total of 25 to 50 FTE's (Full time equivalent employees), and employs 12 or more H-1B employees.
The employer has a total of 51 or more FTE's (Full time equivalent employees), and 15% or more of those employed are H-1B employees.

Note: H-1B employees that have a minimum of a Master's Degree or earn U.S. $60,000 or more exempt their employers from these additional job posting requirements or "attestations”.

EMPLOYMENT BASED RESIDENCY PETITION

Permanent residency petition for an employee provided that it can be demonstrated through a labor certification process (except for first preference aliens and national interest waivers) that:

The alien employee will not be taking any jobs from U.S. citizens, and
The salary and conditions of the job offered are the prevailing in the industry and location and therefore will not negatively impact the wages and labor conditions for U.S. citizens.

There are several preference categories for this visa which get processed in order of preference:

EB-1 - The First Preference includes:

Aliens of Extraordinary Ability in the sciences, arts, education, business, or athletics; such as outstanding researchers, professors, artists, executives, athletes, etc.
Candidates in the first preference can petition for permanent residency without a sponsor and without going through the lengthy labor certification process.

EB-2- The Second Preference includes:

Aliens holding advanced degrees or with exceptional training and ability.
Qualified alien physicians who will practice medicine in underserved areas of the U.S.

If the alien can demonstrate that his/her residency is in the national interest of the U.S., a national interest waiver may be obtained, waiving the job offer and LCA requirements.

EB-3- The Third Preference includes:

Professionals (with a minimum of a Bachelor’s Degree or its foreign equivalent)
Skilled workers (workers with at least two years of training or experience performing skilled labor), and
"Other workers" (all other workers that are not professional or skilled). These workers usually experience longer waiting periods in the residency quota lines.

EB-4- The Fourth Preference-Special immigrants and religious workers includes:

Religious workers
Border commuters
Retired employees of international organizations
Returning residents
Employees and former employees of the U.S. government abroad

EB-5- The Fifth Preference-Employment creation investors includes:

Investors in new companies employing 10 or more workers, investing at least $500,000 in "targeted employment areas" (areas with unemployment of at least 150% of the national average).
Investors in new companies employing 10 or more workers, investing at least $1,000,000 in any location.

There are only 10,000 visas per year for this preference category, 3,000 of which at least have to be assigned for investors in targeted employment areas.

Who is Eligible?

To be eligible for an Employment Based Residency, the foreign alien beneficiary must meet all of the criteria in one of the three following categories:
Category I:

Must be living in the U.S. on or before December 18, 2000. (According to the former INA §245(i) law. Currently there is more than one proposed amendment to this statute which imposes different statutory date limitations for filing. Therefore, it is advisable to initiate this procedure as soon as possible if the requirements are fulfilled).
Must have never left the U.S. without permission of the U.S. Immigration Service.
Must have an offer of employment from a U.S. employer, who has agreed to sponsor the beneficiary for the residency.
Must receive a salary equal to or above the prevailing wage offered for such a position in the State in which the job will be performed.
Must have the sponsorship of a U.S. employer.

Category II:

Must be lawfully present in the U.S. on a current non-immigrant visa
Must not have violated conditions of non-immigrant visa

Category III:

Must be residing outside the U.S.
Must not have been previously deported or removed from the U.S.
Must not be subject to an order of removal, exclusion, or deportation.

Visa Duration

Once permanent residency is approved it will remain valid as long as the person continues to reside the majority of the time in the U.S. and complies with the legal conditions for permanent residency.

Renewability

Your residency status never expires as long as you continue to meet the residency eligibility conditions as stated in your residency application. However, the green card (or evidence of permanent residency) expires every 10 years and it is recommended that it be renewed six months before expiration.
Treaty Trader Visa E-1
Aliens who are citizens of a nation that has signed a trade and investment treaty with the U.S. who are coming to the United States:

Solely to carry on or engage in substantial trade between his/her country and the U.S., including trade in services or trade in technology.
Principally between the United States and the foreign state of which the alien is a national.

"Substantial" with reference to trade means a continuous exchange of goods and services between the U.S. and the treaty nation of the alien applicant, involving numerous transactions that began prior to the filing of the E-1 application. Trade principally between the U.S. and the foreign state means that at least 50% of the total amount of trade conducted by the alien or his/her enterprise or employer must be between the U.S. and the treaty nation.

Treaty Investor Visa E-2

Aliens who are citizens of a nation that has signed a trade and investment with the U.S., who are coming to the United States:

solely to develop and direct the operations of an enterprise in which he/she has invested; or
solely to develop and direct the operations of an enterprise in which he/she is actively in the process of investing a substantial amount of capital; or
as an employee who will perform services that require special qualifications essential to the operations of the treaty investor's enterprise, who has the same nationality as the treaty investor employer or the nationals owning at lest 50% of the enterprise, who must be under treaty investor status if residing in the U.S.; and
showing an intention to depart from the United States upon the termination of his or her status.

The definition of "Substantial" with reference to investment is at the discretion of the Secretary of State. However, in exercising this discretion, the Secretary of State conducts a "Relative Proportionality Test" as a guideline.
Through this test, they assess whether:

1) the value of the investment is substantial as a percentage of the fair market value of the enterprise, or

2) whether the value of the investment is substantial as a percentage of the capital usually required to establish the specified type of business in the specified industry, as per the visa application.
In addition, the investment enterprise must not be "marginal", meaning it must have the capacity in the present or future to provide income more than a living wage to the investor and his/her family.

Visa Duration

The initial statutory limitation on the period of stay for an alien with an E-1 or E-2 can be no longer than two years. (Note: It is not uncommon for the U.S. Consulate to issue an E-1 or E-2 visa for five years).
The initial visa period can be extended indefinitely as long as the alien affirms that he/she will not remain in the U.S. after this period, including extensions, ends.

INTRACOMPANY VISA L-1

There are two kinds of L visas:

L-1A - for employees in an executive or managerial position, and
L-1B - for employees in a specialized knowledge capacity

The L-1 visa is a non-immigrant work visa for employees in a specialized knowledge capacity or an executive or managerial position who are being transferred from a foreign company to a U.S. subsidiary, branch, affiliate or parent of the original foreign company. There are no limits to the number of L-1 visas that the U.S. Immigration Service can issue per year and the petitioning company does not have to obtain a prevailing wage approval or file any documents with the Department of Labor. L-1 visa aliens may possess dual intent, allowing them to apply for a permanent residency concurrently with the L application. L-1A aliens do not need to go through the labor certification process when applying for permanent residency, however, L-1B aliens do.
There is currently a premium processing option, which for an additional $1,000 in filing fees, the U.S. Immigration Service will commit to process the application within 15 calendar days from receipt of the application. Processing the application does not mean that there will necessarily be a final decision after 15 days, but that there will be a response after this time. This response may be a visa approval, a denial, or it may also include a request for additional documentation from the petitioner or the employer.
Employees who are being transferred from a foreign subsidiary, branch, affiliate or parent of a U.S. company:

who are in a specialized knowledge capacity or an executive or managerial position and have been employed for at least one continuous year during the past three years, with the foreign subsidiary, branch, affiliate or parent of the U.S. company applying for them.

Visa Duration

L-1 visas may be granted for an initial period of up to 3 years and may be renewed for a maximum of 7 years for an L-1A and a maximum of 5 years for an L-1B. Any time spent under an H-1 visa status will count towards this maximum.
However, for L-1As, if after the 7 year period the employee resides at least one complete year abroad, the clock starts counting again and the alien may be granted another 7 years in L-1A status. There is no time limit for aliens who reside intermittently in the U.S., or an aggregate of six months or less per year.
This visa may be extended from the initial 3 year period in terms of 2 year periods up to the 7 year maximum for L-1A, or 5 year maximum for L-1B.

ASYLUM

Immigration status sought by a person either entering the U.S. or already physically in the U.S. who has a reasonable fear of persecution because of race, religion, nationality, membership in a particular social group or political opinion, if forced to return to their country of last residence.
Aliens who have remained in the U.S. for less than one year and are part of an eligible asylum class (i.e. persecuted due to political party, race, religion, gender, sexual orientation group, social group, etc.)

Visa Duration

The asylum duration status can be held until a green card is available.
However, the work authorization must be renewed on a yearly basis until a green card is obtained. The waiting period for asylum is approximately between 5 and 7 years to obtain a green card.

IMMIGRANT MARRIAGES

This is the process by which U.S. citizens and permanent residents can request that permanent residency be granted for their immediate family members (parents, children, brothers and sisters), given that they can demonstrate that they can financially support them in the U.S.

There are two categories of petitions: relatives of U.S. citizens and relatives of legal permanent residents.

Relatives of U.S. Citizens:

U.S. citizens may file petitions on behalf of the following family members:

Spouse;
Parents (if citizen is at least 21 years of age);
Married or unmarried children over 21 years of age and married children under 21 years of age, including stepchildren (unmarried children under 21 years of age are eligible for naturalization without having to go through the residency process); and
Brothers and sisters (if citizen is at least 21 years of age).

Estimated wait periods for residency to be available for:

Spouse: 6-12 months (in NYC it could take up to 18 months or longer)(however, work permit is granted within 0 - 90 days)
Parent: 6-12 months (however, work permit is granted within 0 - 90 days)
Children over 21 years of age: 6-7 years
Married child under 21 years of age: 6 years

Important disclaimer: the above estimates are based on our experience and for informational purposes only. They are subject to change depending on the location and volume of cases handled by a particular U.S. Immigration Service center. In NYC the waiting period varies. It may take up to 2 years for a green card interview to be schedule.

Relatives of Permanent Residents:
Legal permanent residents may file petitions on behalf of the following family members:

Spouse; and
Unmarried children (including stepchildren)

The immediate family of the applicant is eligible to obtain permanent residency with all its benefits, at the same time the applicant receives his or her own permanent residency, if they are included in the petition at the time of making the adjustment of status. Generally, children of a permanent resident applicant must be under 21 years of age when green card is approved in order to derive this benefit.

If family members are not included in the resident's own petition at the time of filing, then the legal permanent resident must apply separately after receipt of his/her own residency and go through a waiting period before obtaining the green card for the family member.

Estimated wait periods for residency to be available for:

Spouse: 5 years
Unmarried child under 21: 5 years
Unmarried child over 21: 9 years

Renewability

Residency status never expires as long as you continue to meet the residency eligibility conditions as stated in your residency application. However, the green card (or evidence of permanent residency) expires every 10 years and it is recommended that it be renewed six months before expiration.

CITIZENSHIP/NATURALIZATION

Naturalization is a process that allows foreign-born persons to obtain citizenship in the United States. Once granted citizenship, foreign-born persons are granted all of the rights American born persons have, for example the right to vote, the right to governmental jobs and the freedom to travel with an American passport which provides entry without a visa into many countries. A key benefit a naturalization applicant will derive once granted citizenship is the ability to petition for an immediate family member through a faster petitioning process. There are many eligibility requirements a person must fulfill before they submit an application for naturalization.
In most situations, a person is eligible to apply for Naturalization, if they meet the following requirements:

Applicant has been a lawful permanent resident for five years (or three years for spouses of United States Citizens)
Applicant is 18 years old
Applicant is of good moral character
Applicant can speak, read, and write English
Applicant must pass a test on U.S. history and government
Applicant was physically present in the U.S. at least half the requisite time
Applicant has maintained lawful permanent residence continuously
Applicant swears loyalty to the U.S. by taking an oath of allegiance

(note: minor children of U.S. naturalization applicants may also be eligible and included in a naturalization application, under certain circumstances)

Visa Duration

Citizenship does not expire. However, it can be voided or withdrawn (i.e., when a person commits certain types of crimes).

Renewability

Citizenship documents do not have to be renewed.

Deportation Defense

The possibility of a forced deportation (removal) from the United States is the most frightening experience a non-citizen and his family can face. The Law Offices of John Emefieh, has been representing clients facing deportation for many different reasons. The Law Offices of John Emefieh is experienced in providing a proper and aggressive defense. Below are just some of the strategies The Law Offices of John Emefieh, uses in defending clients.

Filing for Registry or Legalization
Political Asylum
Cancellation of removal
Termination of deportation
Adjustment of Status
Citizenship
Temporary Protection Status
Suspension of Deportation
Withholding of Deportation
Application for Waivers
Voluntary Departure

With expertise in criminal defense, The Law Offices of John Emefieh will help if you are facing deportation because of a criminal conviction.

What is Deportation?

Before 1996, deportation was divided into two categories; aliens who "entered" the United States by evading inspection and were caught, and aliens who were caught at the border. Those caught at the border such as an airport inspection or sneaking though Canada were subject to exclusion grounds and procedures. Aliens that were apprehended inside the United States were placed in deportation proceedings. Those caught within the borders of the United States had greater constitutional and procedural rights than aliens in exclusion proceedings. This gave an advantage to those aliens who had crossed the border illegally and successfully evaded inspection rather than abide by the law and seek admission at the border.

In 1996 Congress replaced the term "entry" with "admission" to mean the lawful entry of an alien into the country after inspection. Admitted aliens have greater rights than those who were not properly admitted. In 1996 the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) was enacted, Congress changed the term "exclusion" to "inadmissibility" throughout the INA. Even with a change in name the terms "exclusion" and "inadmissibility" are functionally equivalent. Both refer to the state of being ineligible for admission to the United States because of a failure to meet one or more of several admission criteria, or grounds of inadmissibility. Until 1996, the distinction between the terms "exclusion" and "deportation" was an important one, pivoting on whether an alien had made an "entry" into the United States.

Nowadays, almost any violation of your status in the U.S. can potentially result in your being placed in removal proceedings. These violations include entering the U.S. without inspection, proper documents or through fraud, improper re-entry after deportation, failure to maintain non-immigrant status, conviction of a crime involving moral turpitude, conviction of an aggravated felony, involvement in prostitution, becoming institutionalized at public expense within 5 years of entry, becoming a public charge within 5 years of entry failure to obtain permanent residence after being granted a conditional Green Card through the marriage to a U.S. citizen or Green Card holder, narcotics addiction or violation of laws relating to controlled substance, assisting another alien to enter the United States, conviction of possession of an automatic or semi-automatic weapon. A charge of deportation is usually accompanied by a document called a Notice to Appear, which requires the foreign national to appear before an immigration judge and demonstrate why he or she should not be deported and removed from the United States.

Who can be deported?

It is a misconception to believe that only hardened criminals get deported. It is a misconception, because of the harsh provisions of the 1996 laws, even small misdemeanors can lead to one's removal from the United States, no matter how long he or she has been a lawful permanent resident. It all depends on the wording of particular statutes violated, shoplifting (petty theft), drunk driving, "joy-riding," disorderly conduct, etc. Any of these convictions, in some instances, can be used as a basis for deportation. In most cases it matters how long ago the act took place. You could have shoplifted 18 years ago. On the other hand the law also allows for the deportation of aggravated felons. The problem is that the word "aggravated felony" is defined differently and much more broadly under any previous immigration law than under criminal law. Most people would not believe that what may not have been an aggravated felony or even a deportable act under immigration laws at the time of the conviction, may be one. If the INS succeeds in proving that an alien is an "aggravated felon" under immigration laws, he or she is left with practically no options to avoid deportation.

Now note that any violation of your status in the U.S. can potentially result in your being placed in removal proceedings. These violations include entering the U.S. without inspection, proper documents or through fraud, improper re-entry after deportation, failure to maintain non-immigrant status, conviction of a crime involving moral turpitude, conviction of an aggravated felony, involvement in prostitution, becoming institutionalized at public expense within 5 years of entry, becoming a public charge within 5 years of entry failure to obtain permanent residency after being granted a conditional Green Card through the marriage to a U.S. citizen or Green Card holder, narcotics addiction or violation of laws relating to controlled substance, assisting another alien to enter the United States, conviction of possession of an automatic or semi-automatic weapon.
A charge of deportation is usually accompanied by an order to show cause, which requires the foreign national to appear before an immigration judge and demonstrate why he or she should not be deported. New cases begin with a Notice to Appear and the alien is brought in front of a judge to determine if he or she should be removed form the United States. Ten basic rounds of inadmissibility are as follows:

Health-related grounds
Criminal grounds
Security grounds
Public charge grounds
Labor certifications
Undocumented entry and immigration status violations
Documentation requirements
Ineligibility for citizenship
Previous removal or unlawful presence, and
Miscellaneous

Procedures of Deportation (Removal)

When an alien gets into some type of trouble that alerts the BCIS, there is a good chance that they will be put into Removal Proceedings. All removal proceedings begin with a notice to appear. This is similar to the old orders to show cause. The notice to appear indicates the reasons the INS believes the alien is inadmissible or deportable, and the time and place of hearing before an immigration judge. The alien is also advised of the right to counsel at no expense to the government and given a list of free legal services programs. Removal proceedings begin with the service of the Notice to Appear (NTA). The NTA is basically the official charging document of the BCIS that places an alien in removal proceedings. It contains a general outline of the allegations and charges against the alien. It describes what the alien did that was illegal. It also lists in technical terms the numbers of the sections of the law that the alien violated. It also states the time and place the alien is required to appear before the Immigration Judge. It is most important that upon receipt of the Notice to Appear, you should promptly contact an attorney to assist you. There is only a limited amount of time available to you before you have to appear at the Immigration Court.