Attorney Srđan Milenković – Immigration Advice for America

The most important part of the process of acquiring a visa and obtaining the desired residency in America is submitting the correct documentation. Gathering this documentation is not simple at all, and without the help of experts, mistakes can occur that can permanently discredit your application. With the help of an experienced immigration lawyer who can guide you through the correct steps for filing applications for work permits, green cards, and citizenship, the chances of mistakes happening are minimal. Knowledge, experience, and a large number of satisfied clients are the credentials held by immigration attorney Srdjan Milenkovic from New York.

Srđan Milenković was born in Belgrade, in Voždovac, where he grew up and finished school. After graduating from the Faculty of Law in Belgrade and completing his military service, he began working as an intern, and when the opportunity arose to visit America for three months, he gladly accepted. Srđan Milenković, by then a young lawyer, decided to continue his education at the law school in Buffalo, where he enrolled in postgraduate studies. After collaborating with several attorneys and passing the New York bar exam, once he had gathered enough knowledge and experience, he opened his own law office. „Milenkovic Law Group“ which has been operating very successfully for years.

Srđan, you opened your law firm „Milenkovic Law Group“ in New York. How did it come about that you started your own business and was the beginning difficult?

Like most lawyers, I initially worked for several firms where I learned the trade and earned a living along the way. When I officially became a lawyer, I had enough experience and knowledge and was already prepared for independent work, so I decided to open my own law office. Through my previous jobs, I met a lot of people, so the beginning was not difficult for me because people trusted me and came to me. Over time, I also gained the trust of new clients, so from a small office, I eventually progressed and expanded my business in New York. Now I have a team of people who work for me mostly from home, electronically. My permanent staff includes one other lawyer, and we hire other colleagues as needed, which makes us much more efficient.

You cover a wide range of legal fields. What legal services do you provide?

Through work and professional development, over time I have become an expert in immigration and real estate. The largest part of my work relates to immigration law where I help people solve their problems regarding immigration, residency, or permanent relocation to America. I deal with real estate in the sense that I represent banks and work „closing“ between buyers and sellers, and I represent both sellers and buyers. I have the honor of collaborating with as many as 40 banks, so real estate is also an important part of my work. In addition, I also deal with various lawsuits, primarily litigation where I represent plaintiffs. People usually sue for injuries caused by doctors, dentists, or injuries in public places where the necessary conditions for visitor safety were not provided, even though that is the obligation of a given business establishment.

How do you manage to cover all cases, and from which area of law do people most frequently contact you?

The number of people constantly working on my cases is 10 to 12 people, so in the end we manage to finish everything on time. Most of the cases are from immigration and real estate, and they take up 80% of my work, while litigation is present in about 20%. Litigation is very demanding, and many lawyers do not readily accept all of them. I personally also take cases that are not certain, and that is where I differ from many lawyers in New York. Most lawyers only take cases that are 100% clean, and I try to accept a case that is not clean if it seems fair and right to me, even though those cases are harder and more complex and require greater knowledge and more work. Litigation in this type of lawsuit is specific because when a case is accepted, we charge the client nothing, and we incur costs in order to conduct that litigation. As a firm, we pay all costs from our budget without any guarantee that we will successfully finish the job, that we will win, or at least settle. Those costs are very high, and many people cannot afford to pay upfront for expert evaluations, reports, court and other expenses. However, so far we have not had a single loss.

Many people want to immigrate to America, when is the right time to contact an immigration lawyer?

The right time is before they leave for America. There are different options for how someone can come and in what way, and it is very important that they understand what their rights are and what they should focus on. One should focus on the right thing and a good legal basis, because if a person misses the mark, they have no chances even if they truly have a real case. I advise talking to an immigration lawyer because a lawyer can recognize the case and advise them even before they come to America. This applies both to people who come with a visa and to those who try in a different way, for example through asylum.

What can you do for a person who ends up in prison for illegal entry into the country, that is, without a visa?

These people sometimes enter the country legally and seek asylum, and sometimes they enter illegally or surrender at the border, and in that case officials check whether there is any basis for the person to enter that procedure in the first place, and only then consider the question of asylum. If there is no basis, the person can be deported to the country they came from, but before that, that person can spend months in detention without the possibility of release. If there is a basis for asylum, with the help of an immigration lawyer, the person can be released and then goes to court to prove that they have the right to asylum. A person waiting for asylum has the right to live and work in America, and when the matter is resolved positively in court, they can apply for a green card.

What is the main basis on which it is decided whether someone will get asylum or not?

There are several basic factors that are important, namely belonging to a certain social group or political opinion, belonging to a certain ethnic and religious group, sexual orientation, and others. If a person, for example, was once a victim of crime, that in itself is not a basis for asylum. Many people think that if they have survived something bad, the immigration officer will see it the same way and grant them asylum. There is a significant difference between what people feel and survive and what the law regulates as a basis for asylum, which is why it is important to contact a lawyer from the very beginning, in order to put the facts into a legally acceptable context for obtaining asylum.

Given the situation caused by the coronavirus pandemic, can you assess how prepared America is overall to accept new immigrants and whether it is harder to get a visa during this period?

Generally, it is not harder than it was before, but it all depends on which visa and which process is in question. During the pandemic, the issuance of a large number of visas was suspended, which tells us that America was not ready to accept new immigrants. The procedure for applying for a visa or changing a visa has not changed significantly in itself. Immigration laws do not otherwise change significantly, although sometimes even small changes can significantly affect someone's case.

Are you available for legal advice or expert assistance to people from the Balkans who are planning to move to America?

Of course, they can contact me via my email or phone, and all information is available to them on my cheese. Many of our people contact me, and I try to answer everyone as much as I am able. I would just suggest that they prepare their questions in advance for what they want to know so that we don't waste extra time and so that we all get relevant information. Our people are mostly interested in how they can stay in America, if and in what way they can extend or change their visa, or bring people to work for their companies.

Do you have any message or advice for everyone planning to come to America?

It is important that you know what you want and believe in yourself, and with the help of a good immigration lawyer, you will surely avoid all possible difficulties on the path to relocation. Educate yourself well about the place where you plan to live and work, about potential jobs, and for a start, do not have overly high expectations that everything will go fast, but rather go surely step by step.

The immigration field is very broad and covers absolutely everything you need to safely move to America or stay there. If you have any doubts regarding relocation, a visa change, or a change of status, a law firm is at your disposal „Milenkovic Law Group“ from New York, in front of which is lawyer Srđan Milenković, who can help you during your relocation as well as your stay in America. For more information, visit their website or Facebook page.

WRITTEN BY: MARINA VUČKOVIĆ AND PHOTO: PRIVATE ARCHIVE