McKinney Immigration Law

McKinney Immigration Law: exclusive focus on immigration in North Carolina

McKinney Immigration Law is a law firm based in North Carolina that focuses its entire practice on immigration law. The firm presents itself as a practice led by Jeremy L. McKinney, a board-certified specialist in immigration law, with a team of attorneys dedicated to evaluating each case individually and explaining the available options, including their potential advantages and consequences.

The firm serves people from all over the world seeking to settle or regularize their status in the United States. Most of its cases are handled before the Department of Homeland Security (DHS) and the immigration courts, although the firm also states that it is qualified to defend its clients' rights in the federal court system.

Immigration practice areas

The firm lists a broad range of immigration matters covering both applications for benefits within the United States and removal proceedings. Among the matters it states it handles are permanent resident cards, naturalization and citizenship, H-1B employment visas and other employment options, cases of victims and witnesses of crimes, human trafficking and terrorism, affirmative asylum, and deportation defense.

Permanent residency: the seven legal paths

The firm explains that lawful permanent residency — popularly known as a green card — grants permanent permission to live and work in the United States. Its approach consists of analyzing the client's particular situation and helping them select the fastest path to residency. The firm describes seven paths under current law:

• Family-based: a U.S. citizen can sponsor their spouse, children (regardless of age or marital status), parents, or siblings. A lawful permanent resident can sponsor their spouse and unmarried children, regardless of age. Waiting times depend on the preference category; for example, sponsorship of a U.S. citizen's sibling (fourth preference) usually exceeds ten years.
• Employment-based: U.S. companies can sponsor foreign nationals for permanent residency, also divided into categories with different waiting times.
• Asylee/refugee adjustment: asylees and refugees can apply for a green card after one year; legislation eliminated the annual asylee adjustment cap, which drastically reduced the wait.
• Humanitarian adjustment: the United States offers protection in certain cases to battered spouses and children, parents of citizens and residents, minors who are dependents of a juvenile court, victims of serious crimes, and victims of severe human trafficking.
• Diversity Lottery (DV): the country grants about 50,000 green cards annually to people from countries with low immigration to the United States; each year about ten million applications are submitted electronically and a computer lottery selects 100,000 names that compete for those 50,000 slots.
• Legalization by country or date: over the years, Congress has passed legalization programs for certain undocumented immigrants based on their origin or length of stay, such as nationals of Cuba, Haiti, Nicaragua, El Salvador, Guatemala, and several Eastern European countries, as well as processes for those who resided in the United States since January 1, 1972, and a limited program for those who resided illegally between 1982 and 1988.
• Investment: 10,000 green cards annually are allocated to qualified individuals who invest in a new commercial enterprise, with amounts typically ranging from $500,000 to $1,000,000.

Naturalization and citizenship

The firm advises on the various paths to U.S. citizenship: by birth, by derivation of citizenship from parents during childhood, or through the naturalization process. It notes that derived citizenship depends on factors such as the place and date of birth, the time the parents resided in the United States before and after the birth, and the applicant's age when the parents naturalized. It also addresses the complexity of the concept of natural-born citizen, which the Constitution does not expressly define and on which the Supreme Court has not ruled precisely.

The firm offers an individualized assessment of eligibility for naturalization, preparation of the application, complete documentation of the case, and a mock interview as preparation for the actual interview. It also states that, when the applicant requires medical or disability accommodations, it works with their medical provider to obtain the appropriate documentation, and that it handles cases of adult family members with a legal guardian appointed by a state court.

Advice for employers

McKinney Immigration Law also directs part of its activity to businesses. It warns of the importance of consulting a qualified immigration attorney before applying for a work permit for an employee who is in the United States without legal status, since an error in processing can expose the worker to detention and deportation. Likewise, it recommends seeking advice before hiring a person who does not have U.S. citizenship or a valid green card. The firm offers confidential consultations in which it reviews the situation and explains the available immigration options, as well as the potential advantages and difficulties, so that the employer can make informed legal decisions.

Presence in North Carolina

The firm has offices in Greensboro, Wilmington, and Asheville, from which it handles immigration matters in the state. The firm presents itself as a practice with a solid reputation for effective representation and straightforward legal advice.

Location and contact

Phone: (336) 275-5885