Immigration Attorney
Hablo Español
Compassionate Advocacy for immigrants since 2011.
Kate Sinkins is an immigration attorney serving Oregon’s central coast, including Depoe Bay and Lincoln City. With over 15 years of experience, she has worked in immigration courts and private practice, and is known for her strong commitment to public service and immigrant rights. She has contributed educational and legal presentations to local communities and is recognized as one of the few attorneys on the Oregon coast focused on immigration law. Her practice emphasizes compassionate, client-centered advocacy, helping individuals and families navigate complex legal processes while promoting fairness and due process.
Contact Kate
kate at katesinkins.com
(541) 868-9988
The Law Offices of Kate Sinkins LLC
2730 N Highway 101
Lincoln City OR 97367
Areas of Expertise
Family-Based Immigration
Family members can sponsor relatives overseas
U.S. immigration law allows certain aliens who are family members of U.S. citizens and lawful permanent residents to become lawful permanent residents (get a Green Card) based on specific family relationships. If you are the spouse, minor child or parent of a U.S. citizen, you apply for a Green Card as an immediate relative (IR).
Other family members eligible to apply for a Green Card are described in the following family “preference immigrant” categories:
First preference (F1) - unmarried sons and daughters (21 years of age and older) of U.S. citizens;
Second preference (F2A) - spouses and children (unmarried and under 21 years of age) of lawful permanent residents;
Second preference (F2B) - unmarried sons and daughters (21 years of age and older) of lawful permanent residents;
Third preference (F3) - married sons and daughters of U.S. citizens; and
Fourth preference (F4) - brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age and older).
Check the Department of State (DOS) Visa Bulletin to see what the priority date is currently for your category.
Employment-Based Immigration
Employment-Based Preference Categories
EB-1 to EB-3: These categories prioritize highly skilled workers, professionals, and other workers, reflecting the U.S. government's goal of attracting talent that can contribute significantly to the economy.
• EB-4: Reserved for special immigrants, including religious workers and employees of U.S. foreign service posts.
• EB-5: Targets immigrant investors who can stimulate job creation through significant capital investments.
The Process of Obtaining an Employment-Based Green Card
Labor Certification
One of the critical steps for many employment-based green cards is the labor certification process, governed by the U.S. Department of Labor (DOL). This process ensures that hiring a foreign worker will not adversely affect the wages and working conditions of U.S. workers. The key legislation guiding this process includes the following:
• The Immigration and Nationality Act (INA) Section 212(a)(5)(A): This section requires employers to obtain certification from the DOL that there are no qualified U.S. workers available for the position.
Filing Form I-140
Form I-140, Immigrant Petition for Alien Worker, is filed by the employer on behalf of the foreign worker. This step is governed by regulations set forth in:
• 8 CFR Part 204: Outlines the requirements and procedures for filing employment-based immigrant petitions.
Removal Defense
Immigrants who need assistance with removal defense are in immigration court proceedings, charged with a civil violation (usually) of entering without inspection, overstaying a visa, etc. Going to immigration court requires at least 3 hearings. The first 2 initial hearings, called "master calendar" hearings, allow the person to plead to the charges on the Notice to Appear (NTA) and ask for relief. Most master calendar hearings are very short-10 to 15 minutes. The relief available differs greatly depending on the facts in the case. The final hearing, called the "individual hearing", is much longer-at least an hour and sometimes up to 3 hours. It allows the immigrant's attorney to elicit testimony from the immigrant and any witnesses and present evidence to support his/her argument. The government attorney is allowed to cross-examine the person in proceedings and also present rebuttal witnesses. Often the immigration judge will render an oral decision on the record, but if the case has many exhibits and is complex, the immigration judge can issue a written decision. A written decision can take 4-5 weeks to receive. The immigrant can appeal the decision within 30 days to the Board of Immigration Appeals (BIA) in Falls Church, Virginia.
Asylum
Asylum in the United States is a form of protection granted to individuals who are already in the U.S. or at a port of entry and who have a wellfounded fear of persecution in their home country due to race, religion, nationality, membership in a particular social group, or political opinion.
To obtain asylum, individuals can follow one of three processes:
Affirmative process: Apply for asylum through U.S. Citizenship and Immigration Services (USCIS) if not in removal proceedings.
Defensive process: Apply for asylum as a defense against removal from the U.S. during immigration court proceedings.
Asylum Merits Interview: After a positive credible fear determination, individuals may have an interview to assess their asylum claim.
I-9 Compliance in the Workplace
The firm’s business immigration practice involves counseling and assisting employers and foreign workers to avoid status violations and employer sanctions. I-9 Compliance presentations are helpful for any small business as well as larger employers. Having a management plan in place reassures employees that they can follow the lead of their manager if Immigration and Customs Enforcement (ICE) officers conduct a surprise inspection.
Know Your Rights
Kate has given over twenty Know Your Rights presentations in Oregon and Virginia. She can present in English or Spanish or both. The Immigrant Legal Resource Center (ILRC) created the red card, which immigrants can hand to police officers, immigration officers or any other form of law enforcement. The card outlines the constitutional rights they are exercising, from the right to remain silent and not answer any questions, the right to refuse to sign any documents before speaking with an attorney, the right to deny entry into his/her home unless the person has a judicial warrant and the right to deny permission to search belongings. These rights are based on the Fourth and Fifth Amendments of the US Constitution. The red cards are printed with one side in English and the other side in a variety of languages. Kate speaks to churches, community organizations, political organizations of all kinds, business owners, farmers and vineyard owners and anyone else who requests a presentation. The presentation lasts 45 minutes and then there are 15 minutes at the end in which audience members can ask questions. This is not a legal clinic, so none of the information given should be construed as legal advice. It is educational information, general in nature, and designed to help people understand their rights within the United States.
“Immigration is learning to stretch into a bridge, backward and forward, one limb in each place, learning to hold tight to traditions and customs and names and memories in one hand, and with the other hand let go and lean in to a place you hope will see you for all the beauty that you bring.”
– Elizabeth Acevedo, Woke: A Young Poet’s Call to Justice
Get in Touch
If you are having difficulties with an immigration issue or know someone who is, we urge you to get in touch and get the legal council you deserve. Schedule a meeting with Kate today.