Deferred Action

Family-Based ImmigrationIf you are a U.S. Citizen or a Legal Permanent Resident, you can apply to bring certain family members to the U.S. or request a green card for certain relatives who are already here. The process is usually started by filing an I-130 Relative Petition for an immediate relative or I-129F for a fiancé(e). If the relative is in already in the U.S. and meets all the eligibility requirements, an I-485 Adjustment of Status application may be filed at the same time.

The application process can be very complex, especially if the relative is "undocumented," has a criminal conviction, or some other "inadmissibility" issue that requires a waiver. Filing a waiver means you are asking the U.S. government to grant you permission to enter the U.S. for some reason (even if you already live here). Navigating the application process and obtaining a waiver can be tricky, with many traps and trip-ups for anyone unfamiliar with the process. I can help you avoid headaches and heartbreak by spotting potential issues in advance, and making sure your application is prepared correctly, and any unnecessary delays are avoided.


Conditional Green Card – If your green card is based on a marriage to a U.S. citizen, your green card will be "conditional," for the first two years of your marriage. This means your permanent residence status can be terminated and you must leave the U.S. if the government finds out that your marriage was not entered into in good faith. It is very important that the application to remove the conditions is timely filed and evidence that the marriage was entered into good faith is provided – otherwise the non-USC spouse will be put in removal (deportation) proceedings. Even if the marriage ended, the non-USC spouse may still be able to get the conditions removed. I can help you file the I-751 Petition to Remove Conditions with the best supporting evidence for your case, even if you have gotten divorced.


Fiancé(e) Visas – A K1 visa allows the fiancé(e) of a U.S. citizen to enter the U.S. for the purpose of getting married (within 90 days of entry). After the marriage has taken place, an I-485 adjustment of status application must usually be filed. It can sometimes be difficult to get a fiancé visa approved, depending on your fiancée's home country and many other factors. I can help you prepare a well-supported fiancée visa application, with the best possible chance for approval.


Spouse Visas - Spouse visas are categorized as "nonimmigrant" (K3, or K4 for the spouse's children) or "immigrant" (CR-1/IR-1, depending on whether you have been married more than 2 years or not). Choosing the correct spouse visa requires balancing competing factors, like the whether your spouse needs to work right away once in the U.S. vs. bringing your spouse quickly, even if he or she cannot work right away. If you are already married, I can help you decide which spouse visa is right for you and your family, and make sure the application is properly filed.

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