Flushing Immigration Lawyers

Flushing Immigration Lawyers

Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek. We have over 50 years of combined experience representing immigrants throughout Queens. If you’re here, it’s because you’re dealing with Chinese asylum cases, family petition backlogs, H-1B visa issues, or deportation proceedings.

Flushing is the epicenter of Asian immigration to New York City. More than half the neighborhood is Asian – predominantly Chinese, with significant Korean and Indian communities. Walk down Main Street and you’ll see Chinese businesses dominating the area, Korean businesses east on Union Street. This is New York’s largest Chinatown, bigger than Manhattan’s. The Chinese population here speaks Mandarin and Cantonese. As of 2024, a new wave arrived – Chinese Muslims from Xinjiang Province fleeing religious persecution.

Chinese Asylum from Xinjiang

The newest asylum cases in Flushing involve Uyghur Muslims from Xinjiang Province. They fled China’s mass detention campaign – what human rights groups call cultural genocide. Some survived re-education camps. They crossed borders, trekked through the Darién Gap, made it to the U.S. southern border, and ended up in Queens.

A shelter for Muslim immigrants from China operates in Flushing. People who just arrived after months of dangerous travel. They’re applying for asylum, trying to build lives here, worrying about deportation.

Uyghur asylum cases require extensive country conditions evidence documenting China’s treatment of Xinjiang’s Muslim population. Expert witnesses who understand the persecution patterns. Psychological evaluations showing trauma from detention and torture. Evidence of family members still detained in camps.

The asylum denial rate hit 76% in early 2025. That’s brutal odds. But cases from Xinjiang have strong claims – the persecution is well-documented internationally. Winning requires exceptional preparation and evidence that your individual circumstances qualify.

Other Chinese Asylum Cases

Flushing also sees asylum claims from Chinese Christians who worshipped underground, Falun Gong practitioners who were detained, political dissidents who criticized the government. Family planning persecution cases involving forced abortions or sterilization.

Chinese Family Immigration Backlogs

Chinese families in Flushing face the same crushing immigration backlogs as elsewhere – the 7% per-country cap means China’s massive population creates decade-long waits.

F4 sibling petitions stretch beyond twenty years. If you filed for your sister in 2005, she might be getting current now in 2025. F2A for green card holders petitioning spouses recently became current, but the process still takes 12-18 months from filing to visa interview.

Even immediate relative petitions – spouses and parents with no numerical caps – take nearly two years because USCIS processing runs slow and consular processing in Guangzhou adds more months.

Many Flushing families work in Chinese-owned businesses. Self-employment and cash businesses are common, which creates affidavit of support challenges. We help families document income correctly – using joint sponsors, household members’ income, or assets when needed.

H-1B Visa Challenges for Tech Workers

Flushing has a growing population of Chinese professionals working in tech, healthcare, finance. Many came on F-1 student visas, transitioned to H-1B work visas, now want green cards.

H-1B visas face annual caps. Eligible registrations dropped significantly for FY 2026 – fewer people getting H-1B status. H-1B holders face green card backlogs too because of the per-country cap.

Some Chinese professionals pursue EB-5 investor visas as an alternative. But China faces EB-5 backlogs too.

Korean and Indian Family Immigration

Flushing’s Korean community faces shorter wait times than Chinese nationals. F4 sibling petitions for Korean nationals process faster. Marriage green cards for Korean spouses process through the U.S. Embassy in Seoul, where USCIS scrutinizes cases for fraud.

Indian families in Flushing petition parents and siblings. Family-based categories move faster than China’s.

Marriage Green Cards and Fraud Scrutiny

Chinese marriage cases face intense scrutiny. USCIS believes fraud is common – people marrying for green cards rather than genuine relationships. Many Chinese couples in Flushing met through family introductions, married quickly by American standards. That’s normal culturally but raises red flags for USCIS.

At interviews, officers ask aggressive questions. What time does your spouse wake up? Who takes out the garbage? What side of the bed do they sleep on? For couples who spent months apart during visa processing, these questions create problems. You can be genuinely married but not know daily habits because you’ve been separated.

We prepare couples for these interviews. We gather evidence: joint bank accounts and joint leases, wedding photos showing both families attended, communication records showing the relationship developed over time even if it started through arrangement.

Conditional Green Cards

When the marriage is less than two years old at green card approval, USCIS issues conditional status good for two years. Before it expires you file I-751 to remove conditions. That’s when USCIS reviews whether the marriage is still intact and was genuine from the start.

Problems arise when couples separate before removing conditions. Cultural differences, family pressures, incompatibility – marriages end sometimes. You still need to remove conditions or lose status. You can file a waiver based on good faith marriage that ended, but USCIS denies these frequently.

Deportation Defense and ICE Fears

Chinese asylum seekers in Flushing worry about deportation. Many entered through the southern border after Trump promised mass deportations and detention camps. If you get deported to China after fleeing Xinjiang, you face years in jail or labor camps.

Deportation defense for Flushing residents involves multiple relief options. Asylum is the primary defense for Chinese Muslims from Xinjiang and other persecuted groups. Cancellation of removal works if you’ve been here 10+ years with U.S. citizen or LPR family members who would suffer exceptional hardship. Adjustment of status applies if you have an approved family petition.

We file bond motions immediately if ICE detains you. We prepare full asylum trials with witnesses and country conditions evidence. We document hardship to U.S. citizen children – medical conditions, special needs, psychological trauma from separation.

Citizenship for Flushing Green Card Holders

Flushing green card holders pursue citizenship after five years of permanent residence (three years if married to a U.S. citizen). Requirements: continuous residence, physical presence, good moral character, English and civics knowledge.

October 20, 2025 brought a critical change: applications filed on or after that date face a new civics test with 20 questions (must answer 12 correctly) from a list of 128. Applications filed before October 20 take the old test: 10 questions, 6 correct, from a list of 100.

Flushing citizenship cases often involve English language concerns – particularly older immigrants who work in Chinese businesses. Language exemptions exist for qualifying age and residence combinations. Tax compliance is critical if you run a cash business.

Why We Handle These Cases

Todd Spodek is a second-generation attorney – his father practiced law before him. After graduating from Pace Law School, Todd started appearing in courts throughout New York daily. He’s represented clients in high-profile cases including Anna Delvey – the case that became a Netflix series. Our firm has been featured in The New York Times, Newsweek, Bloomberg.

We work with Mandarin-speaking and Cantonese-speaking clients regularly. The Uyghur family that fled Xinjiang and worries about deportation – we understand that. The tech worker on H-1B facing green card backlogs – we understand that too. Marriage petitions scrutinized for fraud, Chinese families waiting since 2005 for sibling petitions, asylum cases from religious persecution. Whether you’re seeking asylum from China, bringing family from overseas, defending against deportation, or applying for citizenship – call us. We’re available 24/7.