Immigration Law


Immigration law is one of the most complicated areas of law and a confusing system for many people. Finding your way through the U.S. immigration system can be frightening and frustrating.

The Immigration lawyers at Smith + Malek serve clients across the U.S., including eastern Washington, Spokane, Pullman, Tri-Cities, Coeur d'Alene, Sandpoint, Bonners Ferry, Moscow, Boise, and eastern Idaho among others.

Here are some of the immigration processes we can help you with.

Deferred Action for Childhood Arrivals.

Certain young people who came to the U.S. as children and meet several requirements can ask the government to defer action for a period of two years. That means the government will not take any action to remove you from the U.S. during that time. Once you are approved, you can apply for a work permit. At the end of the two-year period, you may apply to renew it.  You can also apply for deferred action if you are already in removal proceedings, as long as you are not in detention.

"NOTE: President Trump has ended deferred action as of October 5, 2017. If you mailed your application in before the 5th and it was delayed due to the post office, you may still be able to file. Contact our office for more details.

Victim Visas.

If you have been a victim of a crime or domestic violence in the United States or a victim of trafficking, you may be eligible for a special visa. This visa provides you with legal status and a work permit. You may even be able to apply for legal status for certain immediate family members. These types of visas usually result in a green card (legal permanent residence) after a period of time.

Contact us immediately if you have been a victim of a crime in the U.S, even if you have not reported it. Our immigration attorneys can guide you through the best route to safely reporting the crime.

Proving Citizenship.

If you were born outside of the United States and have a U.S. citizen parent or grandparent, you may have been born a U.S. citizen. We thoroughly investigate whether you may be a U.S. Citizen and prove it to the government.  

Adjustment of Status.

We help you move from a temporary, lawful, or unlawful immigration status to a legal permanent resident status (green card holder), without leaving the United States.

Asylum and Refugee Applications.

If you are afraid to return to your home country because you have been or may be persecuted we can help you legally stay in the U.S. If you are not yet in the U.S. and are afraid of persecution, we can help you legally enter and stay in the U.S.

The persecution must be based on your race, religion, nationality, political opinion, or membership in a particular social group. There are many different social groups and immigration courts define new ones often. Courts have recently created a new social group for women who have or are experiencing domestic violence (violence from a family member). We can assess if you are in a particular social group. Please contact us so that we can evaluate whether you would be a candidate for asylum or refugee status.

Business Immigration.

We assist for-profit and non-profit companies, educational institutions, individual employers, and other organizations obtain green cards and temporary business visas for current and potential employees. Such petitions and visas include, H-1B, H-2A, H-2B, PERM, Labor Certifications, H-3, O, P, J-1, Physician and Nurse visas, TN, I-140, I-129, E-1, E-2, E-3, Q, Nanny Visas, Trainee Visas, L, EB-5 and more.

Consular Processing.

We help individuals, who legally or illegally (without being lawfully inspected at the border), obtain legal permanent resident status based on a family or employment relationship. Usually, an individual, who entered the U.S. without inspection, or who is currently outside the United States, must process his application through a U.S. consulate in that individual’s country of residence.

Contact us if you have a family member who is a U.S. citizen or a green card holder. We can then assess whether you qualify to apply for your own green card through your family member.

Green Cards/Legal Permanent Residence.

If you have a family member who is a citizen or a green card holder (legal permanent resident), you may qualify to apply for a green card. Depending on how you entered the U.S., you may be able to adjust your status or consular process through your family member and obtain your own green card.

Immigration Court and Litigation.

Prosecutorial Discretion.


Visitor and Fiancé Visas.

Detained Cases.

Protected Status.

Freedom of Information Act (FOIA) Requests.