Elena Flores Law Group, PC specializes in a variety of immigration processes to legalize your status in the U.S. Our team of attorneys take pride in providing you honest and accurate information to ensure that you know your rights and protections under the law. We understand the importance of providing quality legal services and representation so you can receive the benefits you qualify for and deserve. Contact us for a free consultation at 213-716-8611.
U.S. citizens and Lawful Permanent Residents (LPR) can file petitions for specific family members to immigrate to the United States via a family-based petition.There are two family-based immigrant categories: immediate relative and family preference.
Immediate relatives are individuals related to a U.S. Citizen as:
If you are a U.S. citizen and you are over 21, you may also file a petition for your siblings and adult children.
There are four family preferences:
The U.S. Citizen or LPR filing a family petition (Petitioner) must maintain a primary residence in the United States and file a Petition for Alien Relative, also known as Form I-130, to begin an immigration process for their family member (Beneficiary). The processing time for each family petition will depend on the family category and visa availability.
A family-based petition may allow a Beneficiary to complete an adjustment of status in the U.S. or require a Beneficiary to complete a consular process immigrant visa interview in their country of origin. Eligibility under each process is determined on a case by case basis.
A K-1 visa allows a United States citizen to bring their fiance into the U.S. legally. Once approved the visa requires that the couple get married within 90 days of the fiance arriving in the U.S. The foreign national will then be able to apply for legal permanent residence ( “green card“) based on marriage.
If you were married to a U.S. Citizen for less than 2 years at the time of approval of your legal residence you received a conditional resident card that is valid for only 2 years. A conditional resident has the same rights and benefits as a legal permanent resident. However, you must take additional steps to become a legal permanent resident. Within 90 days of the expiration of the conditional resident term, you must apply to remove conditions to receive the 10 year legal permanent resident card. Failure to timely apply to remove conditions can result in the loss of your legal status and risk being placed in removal proceedings.
A conditional resident must apply to remove the conditions of their residence jointly with their spouse. However, if you are separated or divorced you may still apply to remove the conditions of your residence so long as you request a waiver of joint filing. Contact us to discuss your particular situation.
In certain cases a widow(er) of a U.S. Citizen or Legal Permanent Resident may be able to continue with their immigration process even after the passing of their spouse. These cases require individual evaluation to determine if all requirements are met and if the widow(er) will be able to adjust their status in the U.S. or travel to their country of origin to complete their immigration process and obtain their legal permanent residence (“green card”). A widow(er) of a U.S. citizen must apply within 2 years of the death of their spouse to qualify.
Individuals applying for legal status in the U.S. often require waivers of inadmissibility to remove the grounds of inadmissibility that prevent them from becoming a legal permanent resident. When the waiver(s) is granted, individuals will be able to become a legal permanent resident even if previously considered inadmissible.
Grounds of inadmissibility can include but are not limited to:
Individuals in the U.S. who have a parent, spouse or child who is serving or has served honorably in the military may be able to apply for a military parole-in-place to live in the U.S. legally and, in some circumstances, also be able to apply for legal permanent residence.
Immigration laws in the U.S. provide protections to individuals who have been victims of some crimes.
The U Visa was created to allow victims of crimes to apply for a visa so they can file charges and testify in court without fear of deportation or removal. The U visa application process is confidential. If you have been the victim of a crime that was reported to law enforcement and would like to know if you are eligible for a U Visa, contact our immigration attorneys to schedule a free, confidential consultation.
The U Visa covers a wide array of criminal activities, the majority of which involve physical or psychological harm to the victim. Even if you were not the victim of these crimes, you may still be eligible for a U Visa if you witnessed the crime and are willing to aid in the prosecution of the perpetrators.
Crimes that may qualify for U Visa protections include but are not limited to:
You will need to file a Form I-918 for U Nonimmigrant status to apply for your U Visa. Some members of your direct family may also be eligible for visa benefits under this protection. The approval of a U Visa can give you a pathway to legal permanent residence. If you already have an approved U visa, contact us to discuss your next steps to become a legal permanent resident. Our experienced attorneys can help you apply for the benefits you deserve.
VAWA provides individuals who have been abused by their U.S. citizen or lawful permanent resident relative 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 victims to seek both safety and independence from their abusers.
A VAWA applicant must be the spouse or child of a U.S. citizen or lawful permanent resident, or the parent of a U.S. citizen who is 21 years of age or older. If the VAWA application is approved, VAWA self-petitioners may seek legal permanent residence and obtain legal permanent residence. This can be done either by consular processing if the approved self-petitioner is outside the United States or by applying for adjustment of status if the approved self-petitioner is in the United States.
In addition to having the family relationship listed above, you must meet the following criteria to apply for VAWA:
Individuals can obtain U.S citizenship in a variety of ways:
Benefits to becoming a U.S. Citizen include the following:
If you have been granted Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS) it is important that you maintain your legal status active with the U.S. Citizenship and Immigration Services (USCIS). Your status as a DACA or TPS recipient may allow you to request permission to travel outside the U.S. (known as advance parole) and return to the U.S. legally. Failure to timely renew your DACA or TPS status may result in the loss of the benefit, inability to return to that status, and risk of being placed in removal proceedings.
A child (under the age of 21 and unmarried) who is in the U.S. without any legal status can qualify for Special Immigrant Juvenile Status if one, or both, of their parents abuse, neglect or abandon them. This process requires a determination by a California State Court before the child can file for a Special Immigrant Juvenile (SIJ) visa with the U.S. Citizenship and Immigration Services (USCIS). Approval of a SIJ visa can allow a child to apply for legal permanent residence.
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