Individual and Family Immigration

Individual and Family Immigration 2018-01-19T19:18:35+00:00

There a millions of individuals and families who immigrate to the U.S. every year, each with their own reasons why. For many, the United States is a place of freedom, a place where dreams can come true for those willing to work hard enough, and a safer place than many countries to bring a family for a fresh start. For others, a stay in the United States is a temporary opportunity to expand their education or vocational skills. Whatever may be drawing you to the United States, obtaining a visa, permanently or temporarily, is a must to avoid deportation of you or your family.

We are a bilingual office, speaking both Spanish and English, with over a decade of experience handling a wide array of immigration issues. We can assist you with the following immigration needs:

These are temporary visa options for individuals looking to further their education by attending a university within the United States, or come to the U.S. to work. These visa are only valid for a few years and at the end of the visa term, you must leave the U.S. or take the necessary steps to apply for a longer stay in the U.S. We can help you apply for the initial student or work visa, or help you to stay longer as your visa approaches its expiration date.

Many visas allow the applicant to include immediate family members such as a spouse or unmarried children under the age of 21 on their petition. A U.S. citizen or an individual with permanent residency status can sponsor a immediate family members for their own green card. These family members can include spouse, parents, and unmarried children under the age of 21.

If your petition for a visa or citizenship was denied, then we can assist you in appealing the decision. Denials are often the result of a technical error such as misinformation or missing documentation. When this happens, we can file an appeal on your behalf for reconsideration.  Other times, a denial may be because the petitioner is considered to be inadmissible. Grounds for inadmissibility include having a criminal background, having been previously removed from the U.S., national security reasons, or other disqualifiers. In cases of inadmissibility, you may qualify to file a waiver of inadmissibility. We can help you to determine if you qualify and help you to file.

Permanent residency status is often referred to as a “Green Card” and the terms are used interchangeably. To qualify for a green card, you must first meet certain eligibility requirements, including being admissible to the U.S. and you must already have an immigrant visa. You will need to be sponsored by a family member or an employer in order to file a petition and have it approved. You can also file a petition if you qualify for a special circumstance such as asylum.

When first granted a green card, it is on a conditional basis. The conditional status is a probationary two year period in which you must remain eligible for permanent residency status. To continue towards your permanent status, you must first have the conditional status removed and petition for your permanent status. It does not “fall off” on its own.

Both fiancé and marriage visas allow a U.S. citizen or permanent resident to sponsor their significant other in their petition for a visa. Fiancé visas require that the foreign fiancé to have not entered the U.S. yet. Marriage visas can be applied for if the spouse is already in the States. These visas are stepping stones towards permanent residency status or U.S. citizenship.

Special visas are granted to individuals fleeing from their home country due to persecution, or to individuals who have been a victim of a certain crimes while in the U.S. These visas are only temporary, however, after a certain waiting period, these individuals can become eligible to apply for a permanent visa.

Special Immigrant Juvenile visas are available to qualifying minors residing in the United States, if certain factual findings are made by the juvenile court.  To make an application for a special immigrant juvenile visa, you have to have a predicate order from the juvenile or family court. These visas require the knowledge of federal immigration law and state family law, something that our firm can uniquely offer.

Facing deportation can be intimidating, especially if you do not know or understand the law surrounding immigration. There are numerous reasons for an individual to face deportation, including but not limited to: an expired visa, entering the U.S. illegally or without a visa, violating the terms of your visa, or committing a crime. In some cases, deportation can be avoided with the right defense, which we can help you present to the immigration judge presiding over your case.

The U.S. Immigration Customs Enforcement, or ICE, may place a hold on a noncitizen who has been arrested. Even if your family member has a visa or permanent residency status, if they commit a crime and are arrested, ICE can place a hold on them. This hold can prevent them from being bonded out until they can await trail or deportation. In select cases, we are able to aid our clients in being granted a bond; while in other cases we may only be able to assist in providing a deportation defense, such as a waiver of inadmissibility. It is best to contact our office and have us review your case to see what the best course of action will be.

Whether you worked with us to obtain your visa or permanent residency status, our law firm can aid you or a family member through the naturalization process to be granted U.S. Citizenship. One of the major benefits of taking your immigration goals this far, is that a U.S. citizen cannot be deported. Typically, you will need an immediate family member who is a U.S. Citizen, or your employer, sponsor your petition.