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Adjustment of Status
Adjustment of Status Section 13
Application for Renewal of Permanent Resident Card
Cancellation of the Conditions of Residence
I-130 Family Petitions
Freedom of Information Act (FOIA) Records Request
Deferred Action for Childhood Arrivals (DACA)
Employment Authorization (Temporary Work Permit)
WARNING: The information presented by ALBUJA LAW is not a substitute for a legal consultation and does not create an attorney/client relationship. The approval of applications is not in the hands of Albuja Law, and the firm does not define processing times.
- A legal consultation is a one-hour meeting with the Immigration lawyer. The expert will review your legal status by asking questions about the applicable immigration history during that time. If eligible for an immigration case, the attorney will explain how cases are handled with Albuja Law. After the consultation, you will receive financial information related to a possible case and will have five business days to notify the office if you wish to initiate the process.
- Immigration Law is unpredictable, so we recommend scheduling an appointment when you are ready to proceed with your legal case. If you do not contact us during this time limit, you will have to schedule a new legal consultation.
- Anyone who wants to know if they are eligible for an immigration case.
- Those people who know that they are eligible and wish to know the alternatives available to them to start their immigration process.
Documentation is seldom required; however, the applicant can prepare documents related to the process (if applicable).
The cost of the legal consultation is non-refundable once you have attended the consultation.*
- The family process through a petitioner who is a citizen or a permanent resident in the United States that requests permanent residence for a family member.
- The beneficiary must be located in the United States.
- This procedure is done within the United States, provided that the beneficiary has entered that country legally and/or is a beneficiary of Law 245(i).
- This petition ends with a final interview at the U.S. Citizenship and Immigration Services (USCIS) offices in the state where the beneficiary family member resides.
While the process is taking place, a work permit is requested, and when the case is approved, residency is obtained for ten years. The beneficiary has the possibility of becoming a citizen five years later.
If the petition is carried out based on marriage, the beneficiary will obtain a conditional permanent resident card good for two years (if the marriage has not completed two years on the interview day); The beneficiary will obtain a permanent residence for ten years in all other cases.
- Marriages of all genders can apply.
- Citizens of the United States can initiate this procedure in favor of parents, spouses, minor children, adults, married, single, and even in favor of siblings.
- Permanent residents can initiate this procedure in favor of spouses, children under 21 years of age, and adults as long as they are single. In this case, the beneficiary family member cannot accumulate presence without documents within the United States.
Proof of sufficient income of the petitioner (petitioner may have a joint sponsor if they cannot meet the income requirements), evaluation of immigration history, medical examination, and good moral character. The family member must have evidence of legal entry or be a beneficiary of the 245(i), a family petition sent before April 30, 2001.
Permanent residence for diplomats who cannot return to their country of origin. A work permit is requested while the application is pending. When the case is approved, permanent residence is obtained for ten years, with the possibility of becoming a citizen five years later.
A diplomatic official in the United States has had or has a diplomatic visa.
Evidence of diplomatic status, evidence related to the reasons why you cannot return to your home country, and proof of how positive your presence in the United States would be.
If you do not apply for citizenship, a permanent resident card is valid for ten years. A renewal application must be filed six months before the expiration of the permanent resident card. The renewed permanent resident card is valid for another ten years.
Anyone who is a permanent resident of the United States whose green card is about to expire.
Complete the application and attach a copy of the permanent resident card.
- When an immigrant obtains their permanent residence based upon a marriage that was less than two years at the time of their final interview, they are issued a conditional permanent resident card that is valid for two years. A petition to remove the conditions of residence must be filed within 90 days of the expiration of the conditional permanent resident card, or they may risk losing their lawful status. A solid evidence package about your marriage must be sent to immigration to demonstrate that the relationship is maintained and everything was in good faith.
- The approval of this petition generates a 10-year permanent resident card.
People who were granted conditional permanent residence based on a marriage that was less than two years on the day of the interview.
A solid package of evidence to demonstrate your marriage is bona fide and was entered in good faith. The government may or may not request a new interview.
- The family process takes place through a petitioner who is a citizen or a permanent resident in the United States and requests permanent residence for a family member. This procedure is done within the United States and ends with an interview at the United States Citizenship and Immigration Service (USCIS) offices. This will occur outside of the United States (usually at the US Embassy in the beneficiary's country).
- Suppose the petition is carried out based on marriage. In that case, the beneficiary will obtain permanent residence for two years if the marriage has not completed two years on the interview day. The beneficiary will receive permanent residence for ten years in all other cases.
- If the beneficiary has lived in the United States for more than a year, they will need to process a provisional waiver to successfully achieve residency.
- Your relative lives outside the United States and will have an interview in their country of origin.
- Your family member lives in the United States, entered without documents (or has entered without documents at some point), and will have an interview outside the United States in their country of origin.
Citizens and permanent residents of the United States who have previously filed a or are concurrently filing a family petition on behalf of family members.
Proof of family relationship, proof of sufficient income of the petitioner (petitioner may have a joint sponsor if they are unable to meet the income requirements), evaluation of immigration history, medical examination, being declared admissible based on the law of the United States, and good moral character.
They are petitions sent by United States citizens or legal permanent residents in favor of relatives to achieve the relative's residence. There are different categories, and the process times vary by type.
- Citizens of the United States who request the residence of their husband/wife, children under 21 years of age or over 21 years of age, single/married, parents and siblings.
- Residents of the United States who request the residence of their husband/wife, children under 21 years of age or over 21 years of age, single/married, parents and siblings.
Proof of family relationship and the evolution of the migratory history of the beneficiary.
A procedure that seeks forgiveness for the entry without documents or due to the presence without documents of people who want to access permanent residence without setbacks when they go to the permanent residence interview outside the United States.
People applying for residency who have a citizen or resident spouse or parent would be severely affected if the case is not approved.
Documentary proof that the family member would be significantly harmed if residency is not obtained (economic, health, and social evidence).
Various Waivers (U-Visa Certification, U-Visa, VAWA)
An immigrant must be admissible to the United States to achieve permanent residence. Depending on the case, an individual may have several problems that declare them inadmissible. Depending on which ones have to be resolved, forgiveness waivers are processed, for example, for prior fraud or criminal issues.
A person who is applying for permanent residence who has problems that declare them inadmissible to the United States.
Enough evidence to convince the government that you deserve the immigration benefit. These details vary depending on the case.
- Migration tool through which we can request information from the Federal government for different client files, including immigration records, communications, and other records. A complete copy of the file is received to analyze the best strategy for a case.
- Depending on the case, this search will include sending the immigrant's fingerprints to the FBI and/or requesting the file from more than one government institution.
Any immigrant in the United States who has had contact with the government, inside or outside of the United States.
Basic information of what is sought and the preparation of the relevant request.
Two-year work permit, which is renewable.
- Individuals who arrived in the United States while under the age of 16 and that arrived before June 15, 2007
- Individuals who were under the age of 31 on June 15, 2012.
- Individuals who have a GED or High School Diploma.
- Meet the above requirements.
- Have good moral character (no severe crimes, significant minors, or more than three misdemeanors, and behavior that does not pose a threat to national security or public safety).
- Must have continuously lived in the United States to the present day and provide evidence related to physical presence in the United States.
For the renewal of DACA, the processing requirement must be maintained and renewed six months before the work permit's expiration.
Under certain circumstances, a DACA holder can apply for a travel permit (Advance Parole) with time restrictions to travel to their country of origin*
A request to the government to issue employment authorization that, in most cases, lasts two years and, depending on the matter, up to four years. Must be renewed before its expiration.
Immigrants who file eligible petitions or applications with the government.
There are several ways to obtain employment authorization depending on the petition or application filed with the government. Applications must be filed on time to avoid problems with employers or driver's licenses, related to permanent resident cases, U-Visa, DACA, TPS, VAWA, and Adjustment of Status.
- Temporary Protected Status is granted to certain countries due to political conditions and natural disasters like earthquakes and hurricanes. A temporary work permit is obtained that allows the person to live and work in the United States legally.
- TPS is a temporary benefit that does not lead to lawful permanent resident status or give any other immigration status.
Any person with the nationality of those countries designated by the United States government and who meets the requirements determined by the government. These work permits can be renewed as the government approves the TPS extension.
Evidence to demonstrate your identity and that you are a national of a country designated for TPS, evidence of your entry into the United States, and of continuous residence.
A Travel Document temporarily allows an immigrant to travel outside the United States.
People who are in temporary legal status: DACA and TPS.
- For DACA, depending on the migratory history, you may request a travel document for humanitarian, academic, or work reasons.
- For TPS, depending on the migratory history, demonstrate the validity of immigration status, review immigration history, and apply.
A request to the prosecutor's office, the police, or a judge of a case that confirms the existence of a crime and that the immigrant or a victim's relative has helped the authorities investigate it. Within this context, a certification with a signature is granted, which is valid for six months, during which you have the opportunity to apply for a U Visa.
A direct or indirect victim of a crime. The victim may or may not have documents. For example, if the victim is a minor born in the United States, their undocumented parents can apply and benefit from the protection of the U Visa.
The police report or a copy of the court file is needed to make the request. To apply for the U Visa, this document needs to be signed by the competent authority. Unfortunately, the U visa petition cannot be filed if the authority does not sign the document.*
- Visa petition for victims of crimes committed in the United States, who assist in investigating or court cases related to the crime. In addition, this process offers complete confidentiality for the victim. It allows you to request an immigration pardon that will enable you to solve many mistakes that immigrants make when surviving without documents in the United States.
- From a practical point of view, you can obtain a two-year temporary work permit during the U-Visa process, and upon approval, a four-year work permit. Once the U visa is approved, three years later, you can apply for permanent residence.
The direct victim of the crime, the indirect victim such as father or mother, and even siblings under 21 years of age who do not have documents in the United States. Benefits extend to family members outside of the United States as well.
Collaboration with the Legal System, and a signed U-Visa Certification.
An immigration benefit that the person requests independently is a self-petition. A work permit or, in some cases, residency is granted*
- Male or female victims of battery or extreme cruelty committed by: A U.S. citizen spouse or former spouse; A U.S. citizen parent; A U.S. citizen son or daughter; A permanent resident spouse or former spouse; or A permanent resident parent.
- Immigrants who have been victims of physical or mental abuse by a family member with documents.
- Most applicants are part of a married couple, but they also apply for other types of family relationships, for example, when parents or children may be victims.*
*Conditions not defined by Albuja Law.
- Documents about the legitimate family relationship that the two people have lived together in the United States, the testimony of the victim, and evidence related to mental and/or physical abuse.
- If the person has documents related to arrests or requests for help from the authorities, they can be included in the case, but it is not an obligation to have these documents.
- These cases can be considered even when we only have the victim's testimony and their psychological evaluation as the primary evidence.
A request to the United States government for a migrant to be protected because they have suffered persecution or they fear they will suffer persecution because of their race, religion, nationality, political opinion, or belonging to a particular social group. Provides the possibility of obtaining legal status in the United States. If the asylum is approved, the person can apply for permanent residence a year later. During the process, you can obtain a work permit.
Any immigrant present in the United States who has suffered persecution or fear they will suffer persecution because of their race, religion, nationality, political opinion, or belonging to a particular social group.
Be present in the United States. Testimony and evidence of persecution or fear of persecution.
When for some reason, you are detained by the U.S. Immigration and Customs Enforcement (ICE), depending on the profile, you have different types of defense. The result will be from a work permit to residence or that the case is administratively closed so as not to be deported.
- People who have children, spouses, or close relatives who would be highly harmed in case of deportation.
- People who think they may be persecuted if they return to their country of origin.
- People of good character who have been in the United States for a long time.
- Persons who have good conduct, continued presence in the United States, and good moral character.
Each case is different and is analyzed for the Defense application.
An immigration evaluation on how the case can be fought and the evidence needed depending on the case.
A request to the immigration court to close a case in court because it does not have a criminal profile or is out of public welfare, the deportation is closed and sometimes a work permit is obtained.
A person who is in front of immigration court, as long as he has had good conduct and does not have a criminal record.
Evidence is needed to channel the respective request to the government.
A work visa for temporary professionals from Mexico and Canada so that they can work and live in the United States for three years, which can be renewed.
Professionals from Mexico and Canada whose profession is on the list of the NAFTA treaty.
An employer who is willing to sponsor a job that meets the requirements.
- A process that legal residents follow to obtain citizenship of the United States
- A citizen can file petitions for relatives, including parents and siblings. They can leave or move to another country without any limitation, vote in elections, and above all, not be deported.
People who obtained their residency based on marriage three years after they obtained their residency and by any other means five years after being granted their permanent residence.
- Demonstrate that the person has the characteristics required by law. Among these, the most important is to pass the citizenship test in the final interview of the process. This test refers to knowledge of English, history, civics, good moral character, and a review of immigration history.
- The resident must meet all the residence time requirements, good moral character, and pass the civics, history, and English exam determined by law. *The exam can be taken in Spanish, based on exceptions, when medical exceptions are verified and due to elapsed time and age of the resident.*
*The language and conditions of the exam do not depend on Albuja Law.