Areas of Practice

FAMILY BASED IMMIGRATION

K1/K2 Visas

K-1 visas are available for fiancées of United States citizens. K-2 visas are available for children under 21 years of the K-1 visa holders. Once a K-1 visa holder enters the United States, he/she has 90 days to marry their United States citizen fiancée. They also may apply for employment authorization during the time he or she is a K-1 visa holders.

I-130 Petitions

Family petitions are available for certain family members of Lawful Permanent Residents and United States Citizens. Once the family petition is approved, certain family members are immediately able to apply for adjustment of status (inside the United States) or consular process (outside the United States at a U.S. embassy or consular post) to become lawful permanent residents of the United States. Other non immediate family members must wait for their priority date to become current.

United States citizens may petition their parents, spouse, child (married or unmarried and sibling.

Lawful Permanent Residents may petition their spouse and unmarried child

I-485 Adjustments

Once a family petition is approved and the priority date is current (if necessary), if the person is inside the United States and do not have immigration violations, they may be able to apply for their lawful permanent residency.

Consular Process

Once a family petition is approved and the priority date current, if the beneficiary of the petition is outside the United States, then the person will proceed with consular process to enter the United States with an immigrant visa and will receive their Greencard once he/she enters the United States.

I-751 Removal of Condition

If the lawful permanent residency was obtain through a marriage and the couple had been married for less than two (2) years at the time. You will receive a conditional residency. The condition must be removed within a ninety (90) day period before the expiration of the status.

DEPORTATION & REMOVAL DEFENSE

Asylum

Immigration relief available to those who came to the United States because you were facing persecution in their home country due to their race, nationality, political opinion, religion and membership in a particular social group (examples- sexual orientation, witnesses of crimes who testify against the perpetrators, family members). Your asylum application must be filed within one year of arriving to the United States. Derivate family members of an asylee are spouses and children under 21 years old. Once case is approved, the asylee may apply for lawful permanent status after a year of the approval date.

Withholding of Removal

Immigration relief available to those facing deportation or removal from the United States. Withholding of Removal relief is very similar to asylum in that you must fear persecution or harm in your home country due to their race, nationality, political opinion, religion and membership in a particular social group. However, it unlike asylum, withholding of removal does not provide a path to lawful permanent residency or United States citizenship.

Relief under the Convention Against Torture

Immigration relief available to those facing deportation or removal from the United States and who face torture in their home country by the government or at the acquiescence of the government. It provides the ability to remain in the United States and in certain cases employment authorization.

Cancellation of Removal

Non LPRs - Immigration relief available only to those facing removal from the United States and whose removal would cause exceptional and extremely unusual hardship to their United States citizen or lawful permanent resident spouse, child (under 21 years old) and parent. An example of exceptional and extremely unusual hardship is United States child who has a rare medical condition. Must be in the United States for ten (10) years before being placed in removal proceedings.

LPRs - Immigration relief available to those lawful permanent residents who are facing losing their immigration status and removal from the United States. Must prove that they have been a resident for at least five (5) years and have continuously resided in the United States for at least seven (7) years prior to being placed in removal proceedings and that the applicant warrants a positive exercise of discretion as a matter of law.

WAIVERS & OTHER RELIEFS

I-601 Waiver of Inadmissibility

o   Waives certain grounds of immigration violation.  Must prove that the denial of the waiver would cause extreme hardship to the qualifying relative and that the applicant warrants a positive exercise of discretion as a matter of law.

I-601A Waiver of Inadmissibility

Waives only the three (3) and ten (10) year bar after being present in the United States without lawful immigration status for more than six (6) months but less than one (1) year (three year bar) or more than one year (10 year bar.) Must prove that the denial of the waiver will cause extreme hardship for the United States citizen or lawful permanent resident spouse or parent. Once this waiver is approved, the applicant will continue their path to lawful immigration status in an embassy or consular post abroad.

I-212 Waivers

Waives a prior deportation or removal order. Must prove that the denial of the waiver would cause extreme hardship to the qualifying relative and that the applicant warrants a positive exercise of discretion as a matter of law.

Violence Against Women Act (VAWA)

Immigration relief available to those who are victims of extreme cruelty by their United States citizen or lawful permanent resident spouse, child or parent. Must have lived with the abusive qualifying relative and present evidence of abuse. The abuse may be physical, emotional and or psychological. Provides a path for lawful permanent residency in the United States.

U-Visa

Immigration relief available for those who victims of certain violent crimes in the United States and cooperate with the police in the investigation and resolution of the crime. Provides a path to lawful permanent residency in the United States.

Special Immigrant Juvenile Status

Immigration relief available for certain children who are in the United States without one or both parents due to abandonment, abuse or neglect by the parents. A family law or guardianship judge must give the custody or guardianship to one parent, or other adult and must determine that it in the best interest of the child to remain in the United States under the care of this parent or adult. Provides a path to lawful permanent residency in the United States.

Humanitarian Parole

Allows entry to a person who otherwise does not have a valid entry document to the United States for a certain period of time for humanitarian reasons. An example of a humanitarian reason is a person having a family member in the United States who is very ill. Another example is someone who is very ill and needs to come in to the United States to obtain medical treatment unavailable in their home country.

DACA & TPS

Initial DACAs

Deferred Action for Childhood Arrivals is an immigration relief available for certain children who came to the United States before they were 16 years old. Are currently school or graduated from High School in the United States or joined the military. Have been present in the United States since June 15, 2007 until the date the application is filed. Were present in the United States on June 15, 2012. Were also under the age of 31 on June 15, 2012 and do not have a criminal record that would make them otherwise ineligible. Will obtain employment authorization for a period if two (2) years and will be eligible to renew for another two (2) years indefinitely as long as the program is in effect. Does not provide path to lawful permanent status.

Renewal DACAs

Proof that they have not let their DACA status lapse for longer than a year, if so must reapply as an initial DACA. Have not committed a crime that would make them ineligible during the period they have been beneficiary of DACA status.

TPS Renewals

Proof that they have had valid TPS status for the previous year and have not let the TPS expire. Further, must have not committed a crime during the previous valid TPS period that would make them ineligible to renew.

Advance Parole

Allows recipient to return to the United States after foreign travel. Authorizes applicant to travel outside the country for a certain period of time and for a specific reason. There are different requirements for this travel document for TPS holders and DACA recipients. The document is time specific and country specific. Must return before the date of expiration of the document. Must receive travel document before leaving the United States.

DACA - Must prove that they will travel for employment reasons (business meeting abroad), education reasons (study abroad program) or humanitarian reason (visiting an ailing grandparent).

TPS - Must prove that the travel will be for humanitarian reason (very broad- includes visiting family members).

NATURALIZATION & CITIZENSHIP

Naturalization

Lawful permanent residents who have been in status for at least five (5) years for most applicants or three (3) years for those married to a United States citizen. Must have good moral character for the five years preceding the application. Must not have travel abroad for a period longer than six (6) months for the five years preceding the application.