Ilya Fishkin, Esq.
Ilya Fishkin, Esq. specializes exclusively in the field of immigration law. His experience ranges from relatively simple family-based petitions to complex criminal immigration matters. He successfully defended various criminal immigration clients (such as those convicted of armed robbery, prostitution, assault, etc.), as well as those who were accused of or committed immigration fraud. Other attorneys often retain Mr. Fishkin to represent their clients in their immigration matters. Mr. Fishkin also provides consultations to criminal attorneys who need to know immigration consequences for their clients when negotiating plea deals with prosecutors. In addition, Mr. Fishkin is experienced in business immigration matters such as L-1A visas and EB-5 (immigration to the USA via investment).
When advising his clients, he asks himself “If I were in the shoes of my clients, what would I do knowing what I know about the law?” Mr. Fishkin’s philosophy is that a great deal of time must be spent on every case, and all tiny details must be examined to make sure his clients use all their chances, no matter how small, to win their cases.
Notable Cases:
- Green card for a person who spent 2.5 years in prison for armed robbery.
- Green card for a person who spent 5 years in prison for unlawful possession of a firearm.
- Green cards for persons who entered the USA on fraudulent visas.
- Client pled guilty to passing bounced checks. When he applied for naturalization (citizenship), USCIS denied his application on the grounds that he was an aggravated felon. He went to a number of attorneys who advised to him that nothing could be done, and his case was hopeless. Ilya Fishkin, Esq. recognized that the government made a mistake. Eventually, the case ended up in federal court where Ilya Fishkin, Esq. demonstrated that client was not an aggravated felon within the meaning of the Immigration and Nationality Act. Client is a citizen of the United States now.
- Client took voluntary departure. However, she never departed the United States. Eventually, the ICE arrested her and ordered her to appear at their offices with a plane ticket to go home. Instead of a plane ticket, Client brought Ilya Fishkin, Esq. The ICE gave Attorney Fishkin less than a week to file a Motion to Reopen. Ilya Fishkin, Esq. filed a Motion to Reopen, which the Immigration Judge granted! (Generally, it is virtually impossible to Reopen old proceedings after the client took voluntary departure) Eventually, the removal proceedings were terminated.
- Clients are a husband and wife. In the late nineties, they had 3 opportunities to legalize themselves. However, something went terribly wrong. All their applications for relief were denied, and they took voluntary departure. Eventually, the ICE requested that the husband report to their offices so they could see if he could be deported. They hired Ilya Fishkin, Esq. to prevent them from being deported. Many years after the removal orders were issued, Ilya Fishkin, Esq. filed a Motion to Reopen, which the Board of Immigration Appeals granted! After over 10 years, clients received another opportunity to present their cases! They are both citizens of the United States now.
- Client crossed the US-Mex border illegally and entered the United States. She met a man in the United States who eventually became her domestic partner. They had a daughter. However, client relationship with her boyfriend became very abusive. He continually beat her. Once, he even stabbed her with a screwdriver. The USCIS granted client a U visa. Eventually, client will be eligible to obtain a green card.
- Client with four (4) convictions for prostitution was granted a green card.
- Asylum granted to a client who filed her application more than eight (8) years after her last arrival.
- Marriage fraud (alleged). Client preserved her green card after being placed in removal proceedings on charges of having entered into a fraudulent marriage to a citizen of the United States for purposes of circumventing the immigration law of the United States.
- Marriage fraud (alleged). USCIS intended to revoke its approval of Petition for Alien Relative (Form I-130) after conducting an investigation abroad. After responding to USCIS’s Notice of Intent To Revoke, USCIS reaffirmed (allowed the approval to stand) the said I-130.
Mr. Ilya Fishkin, Esq. is well-experienced in cases such as:
- obtaining green cards for husbands and wives of American citizens;
- obtaining green cards for spouses of green card holders;
- winning waivers (pardons) for unlawful presence, immigration fraud and criminal convictions;
- political asylums and problems arising out filings past one (1) year after the last arrival;
- Cancellations of Removal (green cards for those who have US citizen or lawful permanent resident parents spouses or children (under 21) and who spent at least 10 years in the USA);
- U visas (lawful status (that leads to a green card) for victims of certain crimes);
- obtaining green cards for victims of spousal abuse;
- L visas for executives and managers;
- H-1B visas;
- obtaining permanent green cards for those who obtained conditional (2-year green cards via marriage);
- bond hearings;
- winning appeals before Board of Immigration Appeals;
- extraordinary ability;
- green card interviews (joint and when spouses are separated);
- naturalization (and issues involving long absences);
- EB-5.
Among other cases, Mr. Fishkin handled hundreds of EB-5 cases with a 100% success rate. Most of the I-526’s prepared by Ilya Fishkin, Esq. were approved without a client-related RFE (Request for Evidence).
Mr. Fishkin represented immigration clients all over the United States, as well as overseas. In particular, he has represented clients in the Immigration Courts located in New York, New Jersey, Connecticut, Florida, Texas, California, Louisiana, Maryland, Minnesota, Montana, Massachusetts, Illinois, North Carolina, Pennsylvania, Puerto Rico, Wisconsin, and Louisiana.
Ilya Fishkin, Esq. graduated magna cum laude (overall G.P.A. 3.75 out of 4) from Yeshiva University with a Bachelor’s degree in Biology. He attended Yeshiva University on a scholarship that covered about 50% of the tuition.
Ilya Fishkin, Esq. graduated from Brooklyn Law School with a Juris Doctor degree. He received a scholarship, which covered about 30% of the tuition. While in law school, Ilya Fishkin, Esq. worked as a law clerk at a major immigration deportation defense firm in New York City where he was well trained by one of the best immigration attorneys in the United States. Mr. Fishkin’s mentor was the lead attorney in at least thirteen (13) federal precedential (published) decisions in the Second (Federal) Circuit Court of Appeals alone. Currently, Mr. Fishkin’s mentor is an immigration law professor in a law school.
