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US Citizens and Lawful Permanent Residents can help certain family members immigrate to the United States. This generally involves a two-step process that can be done abroad or within the United States.  

First, the petitioner must formally request that his/her family member be permitted to immigrate to the United States. This formal request must first be approved and a visa number must also be available in order to move forward to the second step. The approval timeframe is dependent on the current processing times by the appropriate immigration office. The visa availability is dependent on the familial relationship and current visa bulletin wait time. 

Second, once petition is approved and a visa is available- the foreign family member must submit a green card application either through the U.S. consulate in the family member's native country or with USCIS through an adjustment of status application. 

At the Acevedo Law Firm we discuss each case with our clients to determine eligibility and what is in the best interest of our client's family. We walk you through the complex process. Gathering necessary documentation, information, preparing, and submitting the application package to the appropriate office. 

• U Nonimmigrant  Status Visa  (U-Visas)
  • Victims of certain crimes that occurred in the US may qualify for a visa that has a pathway to a green card. This requires the victim to prove: that a qualifying crime occurred, that the victim has been helpful in the criminal investigation and or prosecution, and that as a result of the qualifying crime the victim has suffered substantial physical or mental abuse. The U-visa also allows certain immigrant qualifying family members of the victim to derive U nonimmigrant status. 
• Violence Against Women Act (VAWA)
  • Notwithstanding its name men can apply for VAWA too! VAWA allows noncitizen who have been abused by their Lawful Permanent Resident or US Citizen relative to independently petition themselves and eventually obtain a green card. Victims do not need their relative to petition for them. The victim's relative does not need their abusing relatives consent and participation in order to apply for this process. VAWA also allows certain immigrant children of the victim to be included in the self petition and eventually attain lawful status in the US. This type of visa can potentially allow the victim to become eligible for certain federal and state public benefits and lawful employment authorization in the United States. 

• Acquisition of Citizenship 
  • In certain situations, children that are born abroad to a US Citizen parent or parents may automatically acquire US citizenship after birth. These children will not have to go through the naturalization process. 
• Naturalization 
  • This is a formal application to become a naturalized U.S. citizen. In most cases, lawful permanent residents must establish that they have continuously  physically resided in the United States for 5 years before applying for US citizenship. However, some permanent residents that obtained their status through a US citizen spouse may be eligible for citizenship after 3 years of continuous physical presence in the U.S.. In addition to establishing continuous residence in the US, there are other requirements that must be established in order to successfully become a US citizen. 

Sometimes an individual is unable to obtain lawful status or other immigration benefits in the United States because they are deemed inadmissible. In order to overcome certain grounds of inadmissibility, they must seek a waiver. In this waiver an applicant must persuade immigration to look past their inadmissibility. The applicant puts forth favorable evidence that outweigh the acts/actions that are making them inadmissible to the U.S.

Waivers are complex in nature, and not every person that is inadmissible is eligible for a waiver. Even if a person is eligible, a waiver approval is not always easy. 

Immigrant youth under the age of 21 may potentially qualify for SIJS if they meet all of the following: 

1. Be under 21 years old and unmarried when the youth's application is submitted with USCIS 
2. Can establish that they have been abused, abandoned, neglected by one or both parents; 
3. Are currently living in the United States, 
4. Establish that it is not in their best interest to be returned to their home country. 
5. Have a valid predicate order issued by a state court in the US 

If all the above is established, the youth applicant is potentially on its way to obtaining permanent residency (green card) in the United States. This benefit is favorable for many youth that come into the United States unaccompanied by both or a single parent. 

Removal defense requires zealous representation for clients that are facing deportation from the United States. If you are being threatened with deportation from the United States, it is important for you to seek immediate legal guidance/ representation in order to avoid dire consequences. 

Post conviction relief is a possibility for those that have damaging criminal convictions affecting their immigration status. This type of relief vacates or reduces the conviction to one that does not have damaging immigration consequences. Vacating or reducing a conviction preserves one's chance to remain in the United States.  

It must be noted that post conviction differs from an expungement. Post conviction allows one to withdraw a guilty or no contest plea and have it completely taken off their record as if it never happened or have one's conviction reduced. While an expungement only seals a criminal record from the general public and not an agency such as immigration. 

Deferred Action for Childhood Arrivals (DACA) allows the Department of Homeland Security to make a discretionary decision not to deport or pursue deportation against an individual. In order to make such determination, certain qualifications must be met. Currently, USICS is not accepting any new DACA applications and is only accepting DACA renewals.