IMMIGRATION PRACTICE AREAS
NATURALIZATION AND CITIZENSHIP
We are excited that you are thinking about becoming a United States citizen. The process that a legal permanent resident (LPR) or “green card holder” must take to become a citizen involves several steps and fees collected by USCIS. It is important to determine if you are eligible to become a citizen before applying and paying any fees to immigration.
For instance, some of the requirements are that you must be at least 18 years old and have been an LPR for at least 5 years or 3 years if you are married to a U.S. citizen. After determining whether you are eligible to apply for citizenship the next step is to submit the application along with all the necessary evidence. A biometrics appointment will be scheduled. If no further evidence is requested then you must attend your naturalization interview. The USCIS officer will make a decision on your application either at your interview or at a later time. Once approved, you will be required to attend an oath ceremony and you will be on your way to becoming a proud U.S. citizen!
Frequently Asked Questions:
- What is a Request for Evidence?
- Can an officer look at my previous petitions/applications that were submitted for my green card?
- Am I exempt from taking the English test, civics test, or both?
What if the officer denies my application?
The naturalization process is an important step and we are here to help. What may seem like a simple process has turned out for many not to be. We have many green card holders who visit our office after mistakes have been made and/or when they have received a notice to deny or a denial of their application. Becoming a citizen should be a wonderful and positive experience. Let us handle the stress and prepare you for success. CALL OUR OFFICE TO GET YOU STARTED ON THE RIGHT PATH.
Citizenship is different from naturalization. If you have a U.S. citizen parent who was born a citizen or naturalized you may already be a citizen. Let us review your case and determine if you are already a U.S. citizen and what steps you must take to prove it. SCHEDULE A CONSULTATION WITH OUR OFFICE TO SPEAK WITH AN EXPERIENCED ATTORNEY.
FAMILY BASED PETITIONS
Whether you are interested in keeping your family together in the U.S. or you wish to reunite with your family by immigrating them into the U.S. we are here to help. The family based visa petition process is complex and challenging. Rather than be intimidated by the immigration system, your goal should be to hire an experienced immigration lawyer to navigate you and your family to success. CALL US TODAY.
If you are a U.S. citizen you may petition for an immediate relative. An immediate relative is your spouse, your unmarried child under 21 years of age, or your parent (you must be 21 years of age or older). If you are a U.S. citizen or legal permanent resident (“green card holder”) then you may petition for other family members that fall under family preference immigrant visas. Some of these individuals include an unmarried son or daughter of a U.S. citizen, a spouse or unmarried child under 21 years of a legal permanent resident, or a brother or sister of a U.S. citizen.
ADJUSTMENT OF STATUS AND CONSULAR PROCESS
Immigration law is one of the most complex laws out there and we suggest not to do it alone. The manner in which an immigrant becomes a legal permanent resident differs case by case. Whether an immigrant is eligible to become a green card holder inside the U.S. or whether they must travel outside the U.S. to attend an interview at a U.S. consulate or embassy located in a foreign country is one of the main questions and concerns for families. We can help you in either of these scenarios.
The Adjustment of Status (AOS) path allows an immigrant who is petitioning for a green card to remain in the U.S while the petition is processed. The application process and interview is through the United States Citizenship and Immigration Services (USCIS). The Consular Process is meant for immigrants living outside of the U.S. to apply for a green card through a U.S. consulate or embassy located in a foreign country. They must attend an interview and once they are approved they enter the U.S. as a legal permanent resident (“green card holder”). Often times, an immigrant who has resided in the U.S. unlawfully and who wishes to legally immigrate must travel outside the U.S. for their interview at a U.S. consulate or embassy; however, before s/he leaves for their interview they must have an approved waiver. Like we mentioned earlier, immigration law is complex and constantly changing. If you have questions and want to get the process started CALL US TODAY TO SCHEDULE A CONSULTATION.
Frequently Asked Questions:
- Why are some people able to stay in the U.S. while others have to leave for their interview?
- How long does the process take?
- Do I need a waiver for committing a crime when I was I young?
- What is a waiver?
WAIVERS OF INADMISSIBILITY
One of the most common waivers is the unlawful presence waiver. This waiver is meant for immigrants who are immediate relatives of U.S. citizens and who are or have at one time lived in the U.S. unlawfully. Depending on the amount of time that the immigrant lived unlawfully in the U.S. will determine if they are barred (cannot enter the U.S.) for either three or ten years. An approved waiver removes the bar and allows an immigrant to proceed with their green card application process.
USCIS has many other inadmissibility waivers for immigrants to be able to enter legally or obtain status while living in the U.S.; however, you must be eligible for a waiver. Depending on the type of waiver an immigrant is seeking will depend on the ground of inadmissibility they are trying to overcome. For instance, fraud or misrepresentation or criminal history. Waivers require a lot of work and evidence and they should be taken very seriously. The denial of a waiver can have life-changing consequences on an individual and family. Our law firm is committed to providing top notch representation and helping you stay or enter legally into the U.S. CALL US, WE ARE HERE TO HELP.
HUMANITARIAN RELIEF/
PROTECTED STATUS
TYPES OF PROTECTIONS FOR SURVIVORS OF CRIME, ABUSE,
TRAFFICKING AND MORE
VAWA (Violence Against Women Act)
VAWA was passed in 1994 to protect undocumented immigrants who have been abused. To qualify for VAWA, a victim must prove that they have been subjected to abuse by a U.S. citizen or legal permanent resident spouse, child or parent. The victim can apply (“self-petition”) for VAWA without the consent and knowledge of the abusive relative.
As an abused spouse, you are eligible to self-petition for VAWA if you are 1) married to an abusive U.S. citizen or LPR spouse, 2) suffered battery or extreme cruelty at the hands of your spouse, 3) have resided or are residing with your spouse, 4) are a person of good moral character, and 5) you entered into your marriage in good faith. An important fact to keep in mind is that you may still apply for VAWA after your marriage was terminated by death or divorce, but you must file your petition within 2 years of your spouse’s death or the divorce. As an abused child, you are eligible to self-petition for VAWA if you have been abused by a U.S. citizen or LPR parent and you are under 21 years old and unmarried. Keep in mind, that under certain circumstances, you may apply for VAWA up until you are 25 years old. As an abused parent, you are eligible to self-petition for VAWA if you have been abused by a U.S. citizen child. This is a brief explanation of VAWA and there are other eligibility requirements to consider. This is why it is important that you speak to an experienced immigration attorney.
Once approved for VAWA, a green card is not automatically granted to you. You must petition for your green card, which requires several applications, evidence, and filing fees. VAWA is a complicated law and there are many factors to consider and evidence to compile before applying. We are experienced in these cases and are happy to discuss your case with you. CALL OUR OFFICE TODAY TO GET STARTED.
Frequently Asked Questions:
- Can I apply for a green card at the same time that I apply for VAWA?
- Can I list my children on my petition?
- Am I eligible for a waiver if I have lived unlawfully in the U.S.?
- Will I get my work permit while I wait for the decision on my application?
U VISA (VICTIMS OF CERTAIN CRIMES)
The U visa was created in 2000 and it provides U status to undocumented immigrants who 1) have been victims of certain crimes, 2) suffered substantial mental or physical abuse due to the crime, 3) are helpful to law enforcement or the prosecution in the investigation or prosecution of the crime, and 4) the crime must have occurred in the U.S. If the victim is under 16 years old or cannot provide information due to a disability the victim’s parent, guardian, or next friend may step in and assist in the investigation and U visa process.
A few of the qualifying crimes for U visa status are domestic violence, felony assault, abusive sexual contact, stalking, and witness tampering. A U visa principal petitioner may file for their qualifying family members (“derivatives”) who are eligible for a U visa based on their derivative relationship with the principal petitioner. To apply for a U visa, you must file a certification, along with the application and a significant amount of evidence. Do not forget the waiver application if you are inadmissible due to a negative immigration history, criminal history, or other inadmissibility issues.
Once approved for U visa status you are eligible to petition for your green card, which requires several additional applications, evidence, and filing fees. Like VAWA, U visas are very confusing and there are many factors to evaluate and evidence to compile before applying. It is best to consult with an experienced immigration attorney. If you have been a victim of a qualifying crime we are here to help. CALL OUR OFFICE AND SCHEDULE YOUR CONSULTATION.
Frequently Asked Questions:
- Can I petition for my spouse or children?
- How long does the process take?
- What steps must I take to be eligible for a U visa?
T VISA (VICTIMS OF HUMAN TRAFFICKING)
The T Visa was created in 2000 to provide immigration relief to immigrant victims of human trafficking. Human trafficking includes sex or labor trafficking and the trafficking must have occurred in the U.S. The victim must reasonably comply and assist in the investigation or prosecution of the crime; however, there are exceptions that may allow a victim from being involved in the investigation or prosecution. The T Visa process is lengthy and a victim must prove that if they were removed from the U.S. they would suffer extreme hardship. It is important to always keep in mind that even a victim might be inadmissible due to criminal history or unlawful presence and this is when waivers come in.
Once approved, the U.S. federal government allows victims to be eligible for services and benefits. T visa status is temporary and can be extended upon request to USCIS. After three years of continuous presence in the U.S. the T visa recipient is eligible to petition for a green card. Similar to VAWA and U visas, T visas require a lot of work, evidence, and filing fees. It is best to consult with an experienced immigration attorney who knows the law and process. Let us help you obtain legal status. CALL OUR OFFICE TODAY AND SCHEDULE YOUR CONSULTATION.
Frequently Asked Questions:
- When does the three year continuous presence requirement start?
- Can I petition for my family?
- What if I don’t have a lot of evidence to prove that I was trafficked?
SIJS (SPECIAL IMMIGRANT JUVENILE STATUS)
SIJ status provides immigration relief to minors that have been abused, abandoned, or neglected by a parent(s). There are several requirements to qualify for SIJS, which include 1) you must be under 21 years old, 2) currently living in the U.S., 3) be unmarried, 4) obtain a court ruling that you have been abused, abandoned, or neglected, and 5) that it is not in your best interest to be returned to your home country. This is a brief synopsis of SIJS and like other forms of immigration relief the facts of your case must be analyzed by a trained and experienced immigration attorney. An experienced attorney will know what particular law, language, and facts a court order must include for USCIS to approve your case.
Once approved, the individual may petition for a green card; however, the visa bulletin must be current for the SIJS classification immigrant visa category. It is critical to seek guidance from a trusted attorney who knows both civil law and immigration federal law. We are experienced and practice in both areas of law and we are ready to successfully navigate you through the process. CALL TODAY FOR YOUR CONSULTATION.
Frequently Asked Questions:
- Can I petition for my non-abusive parent?
- What is considered abuse, abandonment or neglect?
- Must I testify in court to the abuse, abandonment or neglect that I experienced?
RENEWABLE PROTECTIONS
TPS (TEMPORARY PROTECTED STATUS)
Since 1990, TPS has continued to protect undocumented immigrants from designated countries against deportation. Designated countries are deemed unsafe for an individual to return to. The current designated counties are El Salvador, Nicaragua, Honduras, Afghanistan, Venezuela, and Haiti. TPS is a temporary and renewable relief that may be granted to immigrants already in the U.S. TPS does not lead to legal permanent residence; however, the individual may still be eligible to apply for any other immigration benefit or protection they may qualify for. For instance, when an immigrant with TPS marries a U.S. citizen or legal permanent resident.
Similar to other immigration relief, TPS has eligibility requirements that must be met. In addition to the application, evidence, and filing fees an immigrant may require a waiver. It is critical that you speak to a qualified attorney. Make the right choice and CALL OUR OFFICE TODAY TO SCHEDULE YOUR CONSULTATION.
Frequently Asked Questions:
- Is it safe to I travel outside the U.S. with TPS?
- Will I get a work permit with my TPS?
- How often must I renew my TPS?
DACA (DEFERRED ACTION FOR
CHILDHOOD ARRIVALS)
More than likely you have heard of the Dreamers and the ever changing legal battles behind this particular immigration relief. Created in 2012 under President Obama’s administration this executive order created a pathway for undocumented immigrants, who were brought to the U.S. at a young age by their parents, to receive work authorization and protection against deportation.
There are a number of eligibility requirements and the relief is valid for two years. It is critical that an individual submit their renewal application on time or else it may be denied and the individual will become an initial applicant rather than a renewal applicant. Currently, only renewal applications are being processed by USCIS. Our team is here to provide you with up to date information and clarity on the current law. CALL OUR OFFICE TODAY AND SPEAK TO AN EXPERIENCED ATTORNEY.
Frequently Asked Questions:
- May I travel outside the U.S with DACA?
- Will I be deported if my DACA expires?
- When must I file my DACA renewable application?
BUSINESS BASED IMMIGRATION
Are you a business owner with a labor need? Are you an individual or company that is interested in an investor’s visa? Are you interested in entering the U.S for employment or business purposes? Are you an artist or entertainer needing a temporary visa to enter the U.S.? The options are at your fingertips and we’re here to assist you in finding the right one. WE’RE READY TO HELP. CALL US TODAY
EMPLOYMENT BASED VISAS
H-1B Visa
H-2B Visa
TN Visa
L-1 Visa
INVESTOR VISAS
E-1 Visa
E-2 Visa
EB-5 Visa
ARTIST OR ENTERTAINER VISAS
P-3 Visa – Artist or Entertainer Visa
SCHEDULE YOUR CONSULTATION TODAY!
CONSULTATIONS ARE AVAILABLE IN PERSON, BY PHONE, OR VIDEO CALL.
CHECK CASE STATUS ON USCIS
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MONTHLY VISA BULLETIN
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