Family Immigration & K Visas
The Immigration and Nationality Act (INA) divides the immigration visas for family members of United States residents into two categories. The first is “Immediate Relative” immigrant visas, and the second is “Family Preference” immigrant visas.
Immediate Relative visas refer to the immigration of individuals who are: Spouses; Children under 21 years old; Adopted orphans; or Parents of United States citizens who are at least 21 years old. The United States does not set any limits on the number of Immediate Relative visas it will grant in a given year.
Family Preference visas refer to: Unmarried children of U.S. citizens who are older than 21 and their minor children; Spouses, minor children, and unmarried older children of Legal Permanent Residents (LPRs); Married sons and daughter of U.S. citizens, as well as their spouses and children; and, Siblings of U.S. citizens and their minor children, provided the U.S. citizen is at least 21 years old. The United States sets a fiscal year limit on the number of Family Preference visas it will grant, and most of these are allocated to the spouses and minor children of Lawful Permanent Residents.
If you would like to bring your spouse, children, or other relatives to the United States, we can explain the requirements and help you through the family immigration process. If you want to bring a fiancé or fiancée to the United States, we can help you obtain a fiancé K-1 visa and adjust your new spouse’s status to permanent residence after the wedding.
Lawful Permanent Residence – “Green Cards”
Do you wonder how to get a green card? A green card will give you official immigration status as a lawful permanent resident. We can determine whether you are eligible for a green card, and explain how you can get a green card and become a lawful permanent resident.
Work Permits – Employment Authorizations
Do you want to legally work in the country and you are not a U.S. citizen or lawful permanent resident? You need to obtain permission to legally work in the United States. We can help you obtain or renew a work permit, which is called an Employment Authorization Document.
Citizenship by Naturalization
If you want to become a U.S. citizen, we can explain the naturalization process, prepare your application for citizenship, and advise you about how to prepare you for the required citizenship testing.
Asylum can be granted to a person outside of his or her country of nationality who is unable or unwilling to return because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinions. We can help you file an Application for Asylum and Withholding of Removal and represent you in all proceedings regarding your request for asylum.
Deportation – Removal Defense – Waivers
Non-citizens can be deported if they violate United States immigration or criminal laws. If you have received a Notice to Appear from U.S. Immigration and Customs Enforcement (US ICE), contact our office to discuss how we can defend you and challenge your removal. United States immigration laws place a requirement that individuals deported (removed) from the country, or with a year or more of unlawful presence in the U.S., must remain outside of the United States for ten years. We can often negotiate or petition for hardship waivers or other waivers to keep our clients from being deported. If successful, our client can bypass the requirement and remain within the United States.
Immigration Appeals and Motions to Re-open
Your immigration case is never “over”. We provide clients with smart legal advice throughout the case, including through appeals and requests to re-open the case when government power has been abused or immigration officers and judges have wrongly applied the law. We pursue I-601 waivers on behalf of spouses or parents of immigrants, when their case facts support the severe hardship to a U.S. citizen relative.
About the Provisional Unlawful Presence Waiver
On January 2nd, 2013, U.S. Citizenship and Immigration Services (USCIS) announced that certain immediate relatives of U.S. citizens present in the United States, who are in the process of seeking immigrant visas with the Department of State to become lawful U.S. permanent residents, may apply and be approved for provisional unlawful presence waivers before departing the United States to attend their immigrant visa interviews.