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OUR SERVICES
We Focus On Immigration Law
FAMILY IMMIGRATION
There are several paths for permanent residents and U.S. citizens to sponsor their relatives (spouses, children, sons and daughters, parents, siblings, or fiancés) to enter and take residence in the United States.
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Adjustment of status
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Consular processing
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Fiancé Visas (K1 visas)
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Widow(er) of U.S. Citizen
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Register of U.S. birth abroad
Because each case has unique circumstances, we devote personal attention to our clients to learn and understand the particularly of their cases.
Contact our office to schedule a consultation to learn more about how to bring your family member to the U.S.
More information:
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www.uscis.gov/green-card/green-card-processes-and-procedures/consular-processing
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www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-of-status
VIOLENCE AGAINST WOMEN ACT (VAWA)
What is VAWA?
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Under the federal Violence Against Women Act (VAWA), you may be eligible to become a lawful permanent resident (get a Green Card) if you are the victim of abuse (see below) by a close family member who is a U.S. Citizen or a Lawful Permanent Resident.
What do I have to prove to be able to file for a VAWA self-petition?
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You must prove you are a spouse, parent or child of the abuser and demonstrate that you are a person of good moral character. Acts that will disqualify a person for not possessing good moral character include engaging in certain criminal offenses such as an aggravated felony. You must show that you were subjected to “battery or extreme cruelty” by the U.S. Citizen or a Lawful Permanent Resident during the qualifying relationship.
Can men qualify for VAWA self-petitioning?
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Yes. Anyone may file a VAWA self-petition as long as they can demonstrate that they qualify.
What qualifies as abuse?
Physical abuse is not required to submit a VAWA application. Someone can qualify for VAWA and meet the extreme cruelty requirement if there has never been any physical contact that led to the abuse. Further, they do not need to have reported the abuse to the police or be involved in a criminal proceeding against the abuser for the abuse to be eligible. Acts of battery or extreme cruelty include but are not limited to:
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Punching, spitting, kicking, molestation, sexual abuse, slapping, biting, choking.
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Threatening harm to the victim.
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Intimidating, degrading, blaming or shaming.
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Economic abuse or control, denying access to food, education, family, or medical treatment.
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Social isolation, controlling what the person does and who they see or talk to.
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Control or threats to immigration status, i.e., threats of deportation.
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Jealousy and harassment.
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Verbal, emotional or psychological abuse.
Contact our office to schedule a consultation to learn more about the VAWA process.
More information:
DACA RENEWAL
According to United States Citizenship and Immigration Services (USCIS) you may request a renewal if you met the initial 2012 DACA guidelines and you:
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Did not depart the United States on or after Aug. 15, 2012, without advance parole.
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Have continuously resided in the United States since you submitted your most recent DACA request that was approved.
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Have not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.
Contact our office to learn whether you are eligible to request a DACA renewal.
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WAIVERS
During an immigrant visa or adjustment of status process, an individual can be found inadmissible and as a result not be permitted to enter or remain in the U.S. General grounds of inadmissibility include:
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Inadmissibility due to health issues
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Inadmissibility due to criminal records
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Inadmissibility due to national security reasons
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Inadmissibility due to likelihood of becoming a public charge
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Inadmissibility due to lack of labor certification
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Inadmissibility due to prior removals and/or unlawful presence
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Inadmissibility due to fraud or misrepresentation
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Miscellaneous grounds of inadmissibility
A waiver allows eligible applicants to waive their inadmissible charge which means that once a waiver is approved the applicant will be able to complete his immigration process (i.e. immigrant visa, adjustment of status, etc.).
Contact our office for a consultation to review your particular case and to advise you whether your case is eligible for a waiver.
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CITIZENSHIP
Citizenship is the last step in the immigration process. If you have been a permanent resident of the U.S. and now wish to become a U.S. citizen our firm will guide you through this complex process.
To be eligible for naturalization in the United States, you must meet certain requirements:
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You are at least 18 years of age at the time of filing (except active duty members of the U.S. Armed Forces).
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You are a permanent resident of the United States for a required period of time.
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You demonstrate a basic knowledge of U.S. history and government (also known as “civics”) as well as an ability to read, write, speak and understand basic English.
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You must show that you've been "of good moral character" for the required period. Several actions can exclude you from good moral character, such as committing certain crimes, smuggling illegal aliens, habitual drunkenness, polygamy, and more.
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You take an Oath of Allegiance to the United States.
Contact our office to schedule a consultation to review your particular circumstances to determine your eligibility for a naturalization.
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EMPLOYMENT-BASED IMMIGRATION (PERM)
Employment-based immigration is divided into two steps:
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Labor Certification (PERM)
The Program Electronic Review Management (PERM) process is the system used by U.S. employers to file a petition for permanent residence for a foreign national employee. The application is file electronically with the U.S. Department of Labor (DOL). This process requires a series of steps, including recruitment process to prove no qualified workers (U.S. citizens or Permanent Residents) were found for the position. Once the DOL (Department of Labor) approves the PERM application, an immigrant petition can be filed with USCIS.
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Filing an immigrant petition with USCIS
Once the DOL approves the PERM application. The U.S employer files an immigrant petition for the foreign national worker. If the worker is already lawfully in the U.S. (i.e. under a work visa) an adjustment of status is filed jointly with the immigrant petition. If the foreign national is outside of the U.S. once the immigrant petition is approved USCIS will forward the petition to the U.S. embassy for consular processing.
Contact our office to schedule a consultation to learn more about employment-based immigration.
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BUSINESS IMMIGRATION (WORK VISAS)
Foreigners who wish to work in the U.S have several visa options. The following are the most common work visas:
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H1B for professionals in specialty occupations (i.e. engineering, science, etc.)
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TN for Canadian and Mexican NAFTA workers.
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P for athletes, artists, or entertainers (i.e. to attend to a specific event, tours, etc.)
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O for individuals with extraordinary or exceptional ability.
Contact our office to schedule a consultation to review your particular circumstances to determine your eligibility for a work visa.
B-1/B-2 VISAS FOR TOURISTS
Our firm provides the following services connected with tourist visas:
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Assistance with preparing your tourist visa application package. This includes legal advice based on your particular circumstances, preparation of all required consular forms, and a mock interview to prepare you for your consulate interview.
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Nonimmigrant visa waivers for those applicants who have been found inadmissible and were informed by the Consular officer that a waiver is required in order to have their visa application granted,
Contact our office to schedule a consultation to learn more about B-1/2 visas and the nonimmigrant visa waiver process.
B-2 VISAS FOR MEDICAL PURPOSES
Do you need to enter the U.S for a temporary period to seek medical attention or are you in need of receiving medical treatment in the U.S? Then a B-2 Visa is likely the type of Visa that you need.
Contact our office to schedule a consultation to learn more about B-1/2 visas and the nonimmigrant visa waiver process.
E-2 VISAS FOR TREATY INVESTORS
An E-2 nonimmigrant visa allows a foreign national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation, or with which the United States maintains a qualifying international agreement, or which has been deemed a qualifying country by legislation) to enter the U.S. to invest a substantial about in existing U.S. company or to open and operate a new U.S. enterprise.
Contact our office to schedule a consultation to learn more about E-2 visas.
R-1 VISAS FOR NONIMMIGRANT RELIGIOUS WORKERS
An R-1 nonimmigrant visa allows a foreign national to enter the United States temporarily to work at least part time (an average of at least 20 hours per week) as a minister or in a religious vocation or occupation and be employed by a:
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Non-profit religious organization in the United States;
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Religious organization that is authorized by a group tax exemption holder to use its group tax exemption; or
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Non-profit organization which is affiliated with a religious denomination in the United States.
To qualify, you must have been a member of a religious denomination having a bona fide non-profit religious organization in the United States for at least two years immediately before filing the petition.
Contact our office to schedule a consultation to learn more about R-1 visas.
2292 Faraday Avenue, Carlsbad, CA, 92008