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Family-Based Petitions

If you are a U.S. citizen or U.S. Lawful Permanent Resident, we can help you sponsor and petition for your immediate family members to join you here in the United States.

Family-Based Petitions
Family-Based Petitions

If you are a U.S. citizen or U.S. Lawful Permanent Resident, we can help you sponsor and petition for your immediate family members to join you here in the United States.

If you are a U.S. citizen or U.S. Lawful Permanent Resident, we can help you sponsor and petition for your immediate family members to join you here in the United States.

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You Have Questions We’ll Help You Keep Up With Fast-Changing Immigration Landscape

Am I eligible for a work permit?

We understand that this is often the number one question that many people have – and for good reason given that it’s so essential to supporting yourself and caring for family members!  Please understand, though, that requests for employment authorization (also known as a “work permit” or “EAD”) are always tied to another immigration benefit or pending application.  Be very wary of anyone who tells you that they can get you a stand-alone work permit.  Please consult with an experienced attorney to find out if you have – or are eligible to apply for – an immigration benefit that is connected to work authorization.  In many cases, pending requests require a separate application for a work permit, which is filed with USCIS using Form I-765. U.S. law requires all employers to verify that employees are authorized to work in the United States. Do not misrepresent your immigration status or present false documents in order to work – this can lead to serious immigration and even criminal penalties.

No.  Although you may be eligible to seek employment authorization eventually, you cannot file for a work permit immediately after filing the asylum application.  USCIS can only grant you work authorization once your application has been pending for 180 days, and you need to wait at least 150 days after filing the asylum application before you can file the work permit application.  Even then, there are a variety of things that can stop the “clock.”  If you have questions about whether or not you have accrued enough time to apply for an asylum-based work permit, please reach out to schedule a consultation.

Renewal applications are taking a very long time right now.  If you have a work permit, you can file the renewal request any time within the 180-day period before it expires, and we encourage you to do so as early in this period as possible to reduce the likelihood/length of any gap in your employment authorization.  At a minimum, it is very important to file before the date on which your current work permit expires – at the moment, USCIS is providing automatic extensions of work authorization for timely filed renewal requests.

It is very important to attend any and all hearings that are scheduled before an Immigration Court – if you fail to appear, you can be ordered deported even in your absence.  Even if you believe that you are not eligible for any relief from removal, you might still be able to request voluntary departure in lieu of deportation, which can remove the impediment that a deportation order presents to returning to the US in the future if you become eligible for immigration benefits down the road.  If you do believe you might be eligible for relief from removal – or you’re not sure whether you are – please make an appointment to speak with an immigration attorney.  Our attorneys would be happy to schedule a time to talk with you about whether you can contest your removability and/or if you are eligible for any relief from deportation.

There is a benefit called “cancellation of removal” for non-permanent residents.  However, this benefit is much more complicated than it sounds.  For one thing, the only way to request it is in removal (deportation) proceedings – which means that if your application is denied, you can be deported.  The benefit also requires much more than just ten years of presence in the United States – you must have certain types of qualifying relatives, must have been a person of good moral character for at least ten years (which, again, is more complicated than you might think!), must not have been convicted of certain types of offenses, and must be able to demonstrate “exceptional and extremely unusual” hardship to your qualifying relatives.  This is a very, very high standard. In addition, immigration judges can only approve 4,000 of these cases nationwide each year, so there is a very long backlog – and while waiting for the backlog to clear, people often lose their eligibility for the benefit.  If you are already in removal proceedings, this may be a good option for you to consider – however, we would never encourage someone to try to get themselves into removal proceedings just to apply for this benefit.

Many people come to the United States to seek safety for themselves and their family members.  If you have experienced persecution in your home country – or are afraid that you may face persecution in the future – due to something like your race, religion, nationality, political opinions and beliefs, or membership in a social group, you may be able to seek asylum, withholding of removal, or protections under the Convention Against Torture.  There are quite a few factors that determine whether or not a person is eligible to seek these benefits, when and where a person should file, and what types of evidence should be submitted with this request.  We strongly encourage anyone considering these benefits to consult with an experienced immigration attorney.

U.S. citizens and lawful permanent residents are eligible to submit a request called an I-130 Petition on behalf of certain relatives, including spouses.  However, that’s only one step of the process; the spouse’s ability to apply for a green card – and the process for doing so – depends on a variety of other factors, such as where the spouse is currently located, if and how they entered the United States, whether they have maintained lawful status since they entered, whether they’ve ever tried to get status in the U.S. before, and whether they are subject to any bars of inadmissibility and/or require any special waivers.  If you’re struggling to figure out whether or not you can apply, give us a call to set up a consultation – we’d be happy to talk you through the options and process.

Most permanent residents (“green card” holders) must wait five years before applying for naturalization; however, you can apply for U.S. citizenship after three years if you are a permanent resident and have been married to and living with the same U.S. citizen spouse throughout that time as long as you meet the other eligibility requirements for naturalization.

Dealing with a divorce or separation is never easy, and the complications and grief that you may be dealing with during this period can be exacerbated by uncertainty about your future and your ability to remain in the United States. Don’t go through this process without the support of trusted counsel.

 When you obtain permanent residency through marriage, you either receive a renewable permanent resident green card that is valid for ten years or a conditional two-year green card.  If you are a conditional resident, there are important filing deadlines that apply, so please contact an attorney right away to discuss how a separation and/or divorce may impact your immigration status.  

 If you are divorced or contemplating a divorce, please know that as long as you entered into the marriage in good faith, there are benefits you may be able to request under the immigration laws. Genuine marriages fail for a variety of reasons, and a “good faith marriage” doesn’t always mean that a marriage is working well or even continuing on after things fall apart. Individuals who are in unsafe and/or unhealthy relationships sometimes feel pressured to remain in that relationship because they are worried about losing their status.  Please reach out to an immigration attorney to discuss your options in a confidential setting.

Deciding whether to take a plea deal is a multi-layered question, and although jail time may seem like the top priority, individuals who are not U.S. citizens also need to consider how a plea might impact their current immigration status, their future eligibility for immigration benefits (U.S. citizenship), and if the plea might result in being placed into removal (deportation) proceedings.  If you are facing a criminal charge and have been offered a plea deal, we recommend that you and your attorneys consult with an experienced immigration attorney.

Yes, you must disclose all criminal charges, citations, arrests, and/or convictions to USCIS even if the record has been expunged or sealed or the charges were dismissed. Providing accurate and truthful information during immigration processes is crucial. Failure to do so can result in denial of your application and/or penalties for falsification of records. If you are contemplating an expungement, it is best to consult with an immigration attorney before initiating an expungement of record due to the potential complications this may have on your immigration status and ability to remain in the United States if enough information about the record can no longer be obtained.

It is always a good idea to consult with an immigration attorney if you have a criminal issue in your background to ensure that you get solid advice before filing an application.  If you are on probation, you cannot apply for citizenship until your probationary period and requirements are complete.  You may be able to apply for U.S. citizenship after completing probation, but depending on the nature of the offense, you may be ineligible – and potentially even at risk for referral to removal proceedings. 

Having an outstanding order of removal creates numerous difficulties for individuals who are seeking to resolve their immigration statuses.  If you think you might have an outstanding order – or even if you’re not sure if you might have one – please contact an attorney before applying for any immigration benefits.  An attorney can help you review your records to understand if you are eligible for benefits or may be able to seek reopening of the immigration court case – for example, if you did not receive proper notice of the hearing, if there was something exceptional that prevented you from attending your hearing, your personal circumstances have changed, conditions in your home country have change in a way that impacts you, or the law has changed in a way that may affect your case.

The answer depends on what type of case it was, when the case was denied, what agency denied it, and why they denied it.  You may be eligible to refile or to appeal the decision.  Please note that you often need to move very quickly to preserve appeal rights.  Most appeals must be received within 30 days of the adverse decision.  If you receive a negative decision, please get in touch with an immigration attorney who has experience with appeals right away.

Temporary Protected Status (TPS) is a form of humanitarian relief granted to foreign nationals who are unable to return home due to certain circumstances in their home countries. TPS is typically designated to countries experiencing ongoing armed conflicts, environmental disasters, or other extraordinary and temporary conditions that prevent people from safely returning home. TPS is not a path to permanent residency or citizenship, but does provide temporary protection from deportation. TPS also offers the ability to work legally in the U.S. during the designated period.  The Department of Homeland Security (DHS) designates which countries are added to the TPS list and usually designates TPS for 18-months at a time.  DHS is also responsible for extending or terminating the TPS designations for countries. The list of countries currently designated for TPS protections is available online: https://www.uscis.gov/humanitarian/temporary-protected-status

With the passage of the Violence Against Women Act of 1994 (VAWA) and its subsequent reauthorizations, Congress provided noncitizens who have been abused by certain types of U.S. citizen or lawful permanent resident relatives the ability to independently petition for themselves (self-petition) for immigrant classification without the abuser’s knowledge, consent, or participation in the immigration process. This allows individuals to seek both safety and independence from their abusers.  In some cases, petitioners may also be able to include other family members in their application.  Although the law has “women” in the name, you do NOT need to be a woman to file for VAWA relief. 

Unfortunately not; however, depending on your circumstances – and whether you reported the criminal conduct and/or helped law enforcement investigate or prosecute a crime – you may be able to seek a related benefit called a U visa.  Please reach out to an attorney to discuss whether this may be available to you.

Perhaps!  If you were the direct victim of certain types of violent crimes or you have been subjected to human trafficking (which includes sex trafficking but also things like labor trafficking) and you reported the crime or otherwise helped in the investigation or prosecution of the crime, you might be able to seek a U visa or T visa.  Please set up an appointment to talk with an attorney about whether your situation qualifies.

It depends on the specific benefit for which you are applying with USCIS and the particular circumstance of the individual.  While you are waiting for your application for an immigration benefit to be processed, you must be careful about traveling outside the United States. If you don’t receive permission to travel before your trip, you might inadvertently abandon or complicate the adjudication of your immigration benefit request. We know there are several reasons why a visit to your home country may be urgent or critical; however, it is best to speak to an immigration law attorney before traveling overseas while your case is still pending.

Humanitarian parole is a process by which the U.S. government can allow someone to enter the United States for a specific humanitarian purpose even without a visa or other traditional entry documents.  Humanitarian parole can be requested in a variety of circumstances, and there are a few country-specific programs that are in place at the moment for citizens of Ukraine, Cuba, Haiti, Nicaragua, and Venezuela.  Individuals who are already in the U.S. cannot apply for these country-specific programs, and there are other restrictions that apply as well.  If you – or someone you know – is interested in helping someone apply for one of these parole programs from outside of the U.S., please get in touch with our office to learn more.

If you currently have DACA, then you can apply to renew your benefits, and USCIS will process and adjudicate the application.  If you are interested in applying for the first time, the first step is to make sure you qualify – keep in mind that unfortunately the DACA eligibility requirements haven’t changed since the program was first initiated, and so even though you may have arrived as a child and completed educational programming in the US, you may not qualify unless you can demonstrate that you meet the other requirements – such as entering the US on or before June 15, 2007, and being out of status on June 15, 2012.  Assuming that you do meet the legal requirements, you can submit an initial request for DACA benefits, but USCIS will not process or adjudicate that request.  There is ongoing litigation to attempt to resolve these issues, so in the meantime, please be sure to familiarize yourself with the potential risks and benefits before submitting an initial request.

This is a very complicated area of law, and several recent revisions of applicable rules by the relevant authorities have added to the need for individuals to consult an attorney before attempting to adjust their immigration status while receiving or after having received various forms of government assistance.  Our attorneys can provide guidance after getting more information about your specific situation. Do not proceed based on information you get online as some of these may not be applicable to your unique situation, and a lot of what is posted online may not have been updated to reflect recent changes.

Updating your address is very important and should be done right away.  Depending on where your case is pending, you may have to update your address with multiple agencies.  Make sure you are completing changes of address not only for yourself but also for any family members who may be connected to your case.  Most individuals who are not U.S. citizens are required to notify USCIS each time they change by filing a Form AR-11.  Information is available here: https://www.uscis.gov/addresschange .  If you have a case pending with the Immigration Court or BIA, you should file a Form EOIR-33, which you can access at https://www.justice.gov/eoir/form-eoir-33-eoir-immigration-court-listing or https://respondentaccess.eoir.justice.gov/en/forms/eoir33ic/ .  You may also need to update your address with ICE if you have a reporting or check-in requirement, which you can do here: https://onlinechangeofaddress.ice.gov/ocoa . 

You can get general information about a pending immigration court case using your A number at https://acis.eoir.justice.gov/en/ .  If you have a case pending with USCIS, you can use your receipt number to check the status at https://egov.uscis.gov/ or by setting up and then checking your USCIS online account.  These tools will give you a general sense of the case status, but if you’re working with an attorney, be sure to check in with them, too.