130 Family Petition
This is a petition for a citizen or lawful permanent resident to make a claim for alien relatives who want to come to the United States . A separate form must be filed for each eligible relative. USCIS processes Form I-130, a petition for an Alien Relative when a visa number becomes available. Approval of an I-130 is the 1st step in helping a relative immigrate to the United States.
The process and time frame of an I-130 petition depends on whether the relative is a family member of a US citizen or permanent resident. USCIS allocates a certain number of visas yearly depending on where the country the immigrant is from and the priority date. A United States citizen spouse, parents and minor children are considered an immediate relative and they have visas immediately available.
The manner of entry of the relative is very important in determining the process the case will have to follow (“with inspection “versus “without inspection”). If a spouse of a US citizen comes with a tourist visa, overstays and can demonstrate the manner of entry they can “adjust status”. Adjustment of status is the process in which the relative can change their status from a non immigrant to a legal permanent resident. It requires a separate application and fee. If eligible for adjustment of status the immigrant can apply for work authorization and obtains it while the adjustment of status is pending. This also entitles the spouse to obtain a social security card. It is advised that the couple file joint taxes as soon as possible.
601(a) waiver for immediate relatives of United States citizens
In the case of a relative of a US citizen that entered the United States “without inspection”(illegally) there is a waiver available in certain cases in which the “immediate relative” (individual who is the spouse, child (unmarried and under 21) or parent of a US citizen could apply for. The success of the waiver being approved depends on several factors. Once the waiver is approved along with the I-130 the client needs to consular process and eventually go to the country for the interview.
It is imperative that a licensed representative interview the client, assesses the situation and properly advise the client of the evidence needed to obtain a successful outcome of the case.
An N-400 is a petition for a lawful permanent resident to apply for a citizenship. The naturalization process requires that the applicant is a legal permanent resident for a minimum of 5 years or 3 years if the individual obtained permanent residence through marriage. If they apply after 3 years the applicant has to demonstrate that the marriage to the United States citizen is ongoing by presenting joint documentation. After the applicant applies they need to attend an interview and demonstrate to the Officer that they have a basic understanding of English and that they can communicate in the English language. They also need to write a few short statements in english and answer questions about US history. They also have to answer civic questions as well. It is recommended that the applicant be assisted in the completion of the application and accompanied by a legal representative into the interview to assure all goes well.
In certain case a person can qualify for derivative citizenship. A derivative citizen is a person who is the child of a United States citizen. The child needs to have a green card and be a permanent resident. The legal requirements of citizenship is complicated and difficult to determine if you qualify. The child citizenship act is current law under derivation yeah that is what is she doing cream filling of citizenship a child will automatically become a US citizen if at least one parent is a US citizen either by birth or naturalization, child under 18 and unmarried. If the child resides in the us and matches requirements you request proof of citizenship and at our office we are more than happy to assist you in the process.
For petitioners filing on behalf of a nonimmigrant worker to come to the United States temporarily to perform services or labor, or to receive training, as an H-1B, H-1C, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1 or R-1 nonimmigrant worker. Petitioners may also use this form to request an extension of stay in or change of status to E-1, E-2, E-3, H-1B1 or TN, or one of the above classifications for an alien.
This petition is used to classify an alien as:
- An Amerasian;
- A Widow or Widower;
- A Battered or Abused Spouse or Child of a U.S. Citizen or Lawful Permanent Resident;
- A special immigrant.
A special immigrant is defined as one of the following:
- A. Religious Worker;
- Panama Canal Company Employee, Canal Zone Government Employee, U.S. Government in the Canal Zone Employee;
- International Organization Employee or Family Member;
- Juvenile Court Dependent;
- Armed Forces Member;
- Afghanistan or Iraq national who supported the U.S. Armed Forces as a translator;
- Iraq national who worked for or on behalf of the U.S. Government in Iraq
- An Afghan national who worked for or on behalf of the U.S. Government in Afghanistan.
This application is needed to remove the condition on his or her residence and to become a permanent resident. In this case one has to apply 90 days before the two year anniversary that their spouse obtained conditional residence. The application process requires carefully filling out the form and submitting evidence that the marriage was entered into in good faith and that it is still ongoing. If the marriage and/or the relationship dissolved the client needs to get divorced and apply as separated. That requires that one shows the marriage was entered in good faith but dissolved for whatever reason. It is important to prepare application extremely thoroughly and supply the USCIS officer with enough physical evidence to obtain an approval and the permanent residence.
Political asylum is a relief available for individuals that flee their homeland for fear of persecution from the government or is a member of a social group that has been persecuted. One needs to claim asylum one year of entry in the United States. The application process consists of claiming asylum upon entering the United States, being interviewed by an officer and if the individual does not convince an officer that they merit political asylum, they are referred to a judge to determine the final outcome if the case. The government charges the individual and sets a date for his/her hearing. During the hearing one has to convince the judge that if sent back they will be persecuted and that is assessed by determining if past persecution occurred. The probability the individual will be persecuted in the future is considered as well. When one applies they are eligible for work authorization while the matter is being decided. If the client prevails they obtain a permanent residence.
This is a Visa for victims of violent crimes that assist government agencies in the prosecution of criminal activity. This can result in four years of nonimmigrant status with employment authorization. There is eligibility for after three years for adjustment of status. The requirements to be eligible for a U visa is that you must be a victim of a qualifying crime who has suffered substantial physical and mental abuse.
Cancellation of removal
It is an immigration benefit whereby permanent residents and non permanent residents may apply to an immigration judge to adjust their status from that of a deportable alien to one this is lawfully admitted for permanent residence.
There are two types of cancellation of removal:
- First type is for a legal permanent resident who has lived in the United States continuously seven years after being admitted in any status. In order to be eligible for this relief one has to a LPR for not less than five years has resided in the United States for not less than seven years in any status and has been convicted of an aggravated felony.
- The other type is for non-legal permanent residents that have lived in the United States continuously for ten years and has qualifying relatives that will suffer extreme hardship if they had to follow their family member back to their country of nationality. This requires good moral character as well.
This process requires that the alien be put in front of the judge in deportation proceedings. It also requires extensive evidence to show that the alien has lived continuously here in the United States and evidence of the extreme hardship that the United States citizen relative would suffer if the family member was deported. A background check is conducted to assure that the individual has good moral character.
Special Juvenile Cases
To declare that you are a dependent of the court or to legally place you with a state agency, a private agency, or a private person.
It is not in your best interests to return to your home country (or the country you last lived in) and
- You cannot be reunited with a parent because of ANY of the following:
- Similar reason under state law
To be eligible for SIJ status:
You must be under 21 years old on the filing date of the i360.
Your state court order must be in effect on the filing date of the Form I-360 and when USCIS makes a decision on your application, unless you “aged out” of the state court’s jurisdiction due to no fault of your own. You cannot be married, both when you file your application and when USCIS makes a decision on your application. You must be inside the United States at the time of filing the Form I-360