The first step to obtaining permanent residence is often a family-based petition to USCIS. The path forward can vary greatly based on a number of factors including: whether the Petitioner is a US Citizen or Lawful Permanent Resident, what the relationship is between the Petitioner and Beneficiary (immediate relative or preference category), and how the Beneficiary came to the United States (or whether they are currently abroad). Our firm will help you analyze your family’s unique situation and determine how your family member can become a Lawful Permanent Resident in the shortest amount of time and whether they are eligible to receive the green card in the US (with a lawful admission or 245(i) eligibility) or whether they will need to travel to a US Embassy abroad.
In many cases, the beneficiary will not be able to adjust their status in the US because they have accrued unlawful presence (time in the US without authorization) and they will need to depart the US with an approved waiver. We have helped hundreds of clients with I-601A Provisional Unlawful Presence Waivers, which are only approved when we can show that the US Citizen (or Permanent Resident) Spouse or Parent will suffer extreme hardship without their family member.
Our dedicated team of consular processing experts assists all clients who need to travel to the US Embassy abroad to receive their immigrant visa and permanent residence. The requirements are constantly changing (including new public charge regulations) so our attorneys and paralegals work together to make sure all documentation is in order prior to travel and that the interview process goes as smoothly as possible to avoid family separation time.
Our firm will help you analyze your family member’s case thoroughly to determine if the Beneficiary needs a Waiver of Inadmissibility prior to becoming a Permanent Resident (either for adjustment here in the US or for consular processing). The most common reasons for needing an additional Waiver of Inadmissibility include fraud or misrepresentation, smuggling, criminal history, or previous deportation.
Our firm has counseled numerous employers on their ability to petition for their employees. It can be a long arduous process with the Department of Labor to prove that there is a shortage of potential employees in the United States for the job needed. In many cases, the employee can then adjust to Permanent Residence with USCIS, but it is critically important to analyze every employee’s unique case to determine whether they will be ultimately eligible for Permanent Residence.
If someone receives their permanent residence through a marriage-based I-130 family petition and the spouses were married for less than 2 years at the time of green card approval, they are a conditional permanent resident for 2 years. In this case, they must file a I-751 prior to the expiration of the 2 year card in order to remove the conditions on permanent residence and receive a 10-year green card. In order to receive an I-751 approval, we need to provide evidence that you continue to be married to your US Citizen spouse. If you are no longer married to your US Citizen spouse, there are still several ways to maintain your permanent residence if you meet certain conditions for a waiver of the joint petition.
If you are a Permanent Resident and have lost your green card or it is set to expire soon, we can help you replace or renew your green card.
If you are eligible for Employment Authorization in the US, we will advise you on current timeframes for processing initial applications and proactively filing renewals.
TPS Holders, Adjustment Applicants and Refugees/Asylees are often eligible to receive a Travel Permit Document allowing “Parole” for them to return back into the US after foreign travel. It is critically important that you always consult with your attorney before traveling abroad to make sure that you are making an informed decision given any potential consequences.
The Violence Against Women Act (VAWA) offers protection and allows survivors of domestic violence to apply for lawful immigration status. If a person has suffered physical or mental abuse by their US Citizen or Permanent Resident spouse or parent, there are options to obtain and/or maintain immigration status without living in fear of further abuse.
Victims of certain crimes in the United States may be eligible for a U Visa if they suffered significant harm and cooperated with law enforcement investigation of the crime.
Victims of human trafficking may be eligible for a T Visa if they are in the US as a result of trafficking, cooperated with law enforcement, and would suffer extreme hardship if removed from the United States.
Our firm has extensive experience pursuing Special Immigrant Juvenile Status on behalf of minor children who have been abused, abandoned or neglected by one, or both, of their parents. Our attorneys have litigated custody proceedings related to Special Immigrant Juvenile Status in several jurisdictions within the Commonwealth of Virginia and also the District of Columbia. This status can help children, even those in removal proceedings, and in most cases leads to permanent residence.