Immigration
Immigration Court
If you have been placed in proceedings, you will be issued a Notice To Appear (NTA) and you must appear in court on your date. If you move and fail to give your new address, then it is possible that you will not receive your court date and you could possibly be removed in absentia. At your court date you will plea to the allegations on the Notice To Appear and set forth all relief that is available to you under the immigration laws.
Immediate Relative Petitions
The green card process generally starts with the filing of the Alien relative petition. The quickest categories are the immediate relative categories which are spouse of a US citizen, minor child of US citizen and parent of US citizen.
All Other Family Petitions
There are four other family categories that can apply for a person and these are: F1- Adult single son or daughter of US citizen, F2a- spouse or minor child of Permanent Resident, F2b- adult single son or daughter of Permanent Resident, F3-Adult married son or daughter of US citizen, and F4-Brother or Sister of US citizen. In some countries, such as Mexico, there are long waiting periods for some of these categories.
Adjustment of Status
In certain situations, immediate relatives can do all their paperwork in the United States if they entered in a lawful category, or are currently in one status and they want to adjust to permanent resident status and a visa priority date is current. Finally, old laws allow someone with an old petition prior to April 30, 2001 to file for adjustment of status under 245(i). We can help to see if you qualify for adjustment of status or whether you will have to do visa processing.
Visa Processing
This is process of getting your green card by having to step out of the U.S. and going to an interview in your home country. Numerous clients have to go through this process because they entered illegally and now have to go to an interview in their home country and these clients will also be required to file waivers prior to leaving the United States.
Asylum/Withholding
Numerous clients are entering from South and Central America and the majority want to file for Asylum. Asylum is the showing that you are unable to return to your home country due to persecution or a well found fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. The client’s credible testimony is of the upmost importance along with the evidence brought in by the client.
Special Immigrant Juvenile Status
Abandoned or neglected children coming in the United States can file for Special Immigrant Juvenile Status if they were abandoned or neglected by one or both of their parents, that it would not be in the child’s best interest to be returned to its home country. These findings and other findings can come from courts with jurisdiction over matters involving minors. These proceedings have to be done before the child’s 18th birthday.
DACA/Advanced Parole
In 2012, Executive Action allowed for two year work permits for children who were brought to the United States under the age of 16, prior to June 15, 2007 and had not turn 31 by June 15, 2012. Moreover the child has to be in school, GED program, or graduated from High School or GED program. The granting of two year work permits allows these high school age kids to get driver’s license, work, and go to college without fear of repercussions.
I-601 And I-601A Waivers
These waivers are done routinely in our office for the majority of clients stepping out to attend a visa interview. If you have been in the United States in an unlawful status for more than a year, then you will need a waiver approved prior to stepping out and going to your interview in your home country. As part of the waiver, you need to show extreme and exceptional hardship to the (US citizen or permanent resident) spouse or parent of the alien applicant.
I-212 Waivers
These are the waivers required for persons who have been deported and inadmissible under 212(a)(9)(A) or (C). Generally but not always, once a person has been deported and is waiting in their home country, then we can file the waiver showing that his or her family needs them back in the United States and that the US citizen or permanent resident family will suffer if the alien is not allowed to return back into this country.
Cancellation of Removal
This remedy can only be filed in immigration court so I tell some clients that it is good that you got caught because now we can apply for Cancellation of Removal. As part of Cancellation, you need to show ten (10) years in the United States and show hardship to your (US citizen or permanent resident) spouse or children.
Naturalization Applications
In order to qualify for citizenship, among other things, you must have been a permanent resident three or five years. Three years if you received your green card through marriage of a US citizen. You have to be a person of good moral character, pass the citizenship test, and language test. Call our office and we can talk to you about applying.
Other Applications
We also do H-1Bs, Labor Certifications, Religious Visas, other waivers not previously mentioned, TPS renewals, Green Card Renewals, ICE check ins, Stay of Removals, Humanitarian visas, PIP, and numerous other immigration applications. Just call and make a consultation.