Services
- Legal Consultation
- Adjustment of Status
- Adjustment of Status Section 13
- Application for Renewal of Permanent Resident Card
- Cancellation of the Conditions of Residence
- Consular Processing
- I-130 Family Petitions
- Provisional Waiver
- 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.
Legal Consultation
- A one-hour meeting with the Immigration lawyer. Your legal status will be reviewed by asking questions about your immigration history. If eligible for an immigration case, the attorney will explain how cases are handled with Albuja Law.
- Anyone who wants to know if they are eligible for an immigration case.
- People who already know they are eligible and wish to know the alternatives available to start their immigration process.
The cost of the legal consultation is non-refundable once you have attended the consultation.
Adjustment of Status
- A family process through a petitioner who is a citizen or 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 the country legally and/or is a beneficiary of 245(i) Law.
- 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 2 or 10 years and the possibility of becoming a citizen in 3 or 5 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.
- Civil marriage, recognized by the country where it took place (including same-sex marriages).
- United States citizens can initiate this petition in favor of parents, spouses, minor and adult children, married, single and even in favor of siblings. The applicant must have proof of legal entry or be a beneficiary of 245(i) Law.
- Legal residents can initiate this procedure in favor of spouses, children under 21 years of age and/or of legal age (as long as they are single). In this case, the beneficiary family member cannot accumulate presence without documents within the United States. The applicant must have proof of legal entry or be a beneficiary of 245(i) Law.
- Bona fide family relationship proof.
- Migratory and/or criminal history of the beneficiary evaluation (requirement of admissibility to migrate to the United States).
- Good moral character.
- Proof of sufficient income of the petitioner (enough income according to the poverty guidelines of the United States).
- Medical examination (including vaccines such as COVID-19).
*The necessary documentation and/or evidence will depend on the case type of each individual.*
Adjustment of Status - Section 13
- The possibility to obtain residence for people that entered the United States with diplomatic visa (Noninmigrant A-1, A-2, G-1 o G-2) and can’t keep their legal status.
- Diplomats or semi-diplomats (A-1, A-2, G-1 or G-2 Nonimmigrant Visa), who cannot return to their country of origin.
- Prove the noninmigrant status (A-1, A-2, G-1 or G-2).
- Prove that your work profile included diplomatic or semi-diplomatic activities.
- Evidence of compeliing reasons for which the petitioner or his/her immediate family cannot return to the country that accredited him as a diplomat.
- Good moral character.
- Be of national benefit to the United States.
*The necessary documentation and/or evidence will depend on the case type of each individual.*
Application for Renewal of Permanent Resident Card
- Renewal of your Permanent Resident Card.
- Anyone who is a permanent resident of the United States whose green card is about to expire.
- Apply at least 6 months before its expiration date.
- Evaluation to confirm that the process does not generate risks to the petitioner.
- Copy of the residency card.
*The necessary documentation and/or evidence will depend on the case type of each individual.*
Conditions of Residence Cancelation
- A legal resident, who maintains his residence (green card) good for two years, will have a conditioned immigration status.
- A procedure to cancel the Conditions of Residence must be carried out at least six months before the expiration date of the residence (green card).
- The approval of this procedure generates a residence card free of conditions, definitive and with a 10 years duration.
- People who were granted conditional residence based on a marriage and whose residency lasts two years.
- Bona fide marriage proof.
*The necessary documentation and/or evidence will depend on the case type of each individual.*
Consular Processing
- A family process through a petitioner who is a citizen or permanent resident in the United States that requests permanent residence for a family member.
- The beneficiary can be located inside or outside the United States.
- This process ends with an interview outside the United States (usually at the US Embassy or Consulate in the beneficiary’s country).
- Permanent residents and/or United States citizens on behalf of family members as permitted by the law.
- Bona fide family relationship proof.
- Migratory and/or criminal history of the beneficiary evaluation (requirement of admissibility to migrate to the United States).
- Good moral character.
- Proof of sufficient income of the petitioner (enough income according to the poverty guidelines of the United States).
- Medical examination (including vaccines such as COVID-19).
*The necessary documentation and/or evidence will depend on the case type of each individual.*
I-130 Family Petitions
- Petitions sent by United States citizens and/or legal permanent residents in favor of relatives to obtein their residency. These procedures have different categories and the processing times will vary accordingly.
- United States citizens can initiate this petition in favor of spouses, children under 21 y/o, adult children, single, married and siblings.
- Legal residents can initiate this procedure in favor of spouses, children under 21 years of age and/or of legal age (as long as they are single).
- Proof of family relationship.
- Migratory and/or criminal history of the beneficiary evaluation (requirement of admissibility to migrate to the United States).
*The necessary documentation and/or evidence will depend on the case type of each individual.*
Provisional Waiver
- Procedure that seeks forgiveness for the entry without documents or due to the presence without documents or another admisibily problem for people who want to access permanent residence (Adjustment of status or Consular Process)
- People applying for permanent residency.
- For Provisional Waivers, the petitioner must proof that his/her spouse, father or mother, citizens or legal residents, would be seriously affected if the case is not approved.
- Bona fide family relationship proof.
- Documentary proof that the family member would be significantly harmed if residency is not obtained (each case is different and could be necessary to deliver economic, health, and social evidence).
*The necessary documentation and/or evidence will depend on the case type of each individual.*
Freedom of Information Act (FOIA) Records Request
- Government tool used to request a complete copy of the different files related to immigration or other records.
- 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 inside or outside the United States who has had contact with the government.
- Basic information of what is sought and the preparation of the relevant request.
*The necessary documentation and/or evidence will depend on the case type of each individual.*
Deferred Action for Childhood Arrivals (DACA)
- 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 and/or have lived in the United States and have their General Educational Development Certificate/General Educational Status (GED) or a High School Diploma.
- Identification document.
- Documented proof of physical presence.
- Documented proof of education requirement.
- Good moral character (no felony, significant misdemeanor, or more than three misdemeanors committed, or behavior offending the public welfare).
*The necessary documentation and/or evidence will depend on the case type of each individual.*
For the renewal of DACA, the processing requirement must be maintained and renewed six months before the work permit’s expiration.
DACA holders can apply for a Travel Permit.
Employment Authorization (Temporary Work Permit)
- A request to the government to issue employment authorization (its duration can vary from 2 to 4 years)
- Immigrants who file eligible petitions or applications with the government (VAWA, Visa-U, TPS, others). The Employment Authorization must be renewed 6 months before its expiration date.
- Evaluation related to the main case ( VAWA, Visa-U, TPS, others).
- Documented proof of the main case.
*The necessary documentation and/or evidence will depend on the case type of each individual.*
Temporary Protected Status (TPS)
- Temporary Protected Status is granted to people from certain countries due to political conditions and/or natural disasters. TPS allows the obtaining of a temporary Work Permit that enables the person to live and work legally in the United States (it does not confer a permanent legal status) and must be renewed according to its time limit, as long as the government has re-registration approved.
- Any person with the nationality of said countries (designated by the Government of the United States) who meets the determined requirements.
- Evidence required by the Government in each case.
*The necessary documentation and/or evidence will depend on the case type of each individual.*
Travel Document
- Temporary permits that allows an immigrant to travel outside the United States and return legally.
- People who have a temporary legal status (Adjustment of Status, DACA or TPS).
- Main case related evaluation.
- Main case related documents.
- Evidence of humanitarian, academic and/or work reasons must be presented, depending on the case.
*The necessary documentation and/or evidence will depend on the case type of each individual.*
U-Visa Certification
- A request to the prosecutor’s office, the police, or a judge 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, with or without 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 and/or a copy of the prosecutors office or court file.
*The necessary documentation and/or evidence will depend on the case type of each individual.*
U-Visa
- Legal status granted to direct and indirect victims of crimes committed in the United States. Initially, it allows obtaining a Temporary Work Permit for two years, a Temporary Permit for four years and finally, the application for Residence.
- Direct and indirect victims of a crime committed in the United States, who have helped in the investigation of the crime at any time (with the police, prosecution or court).
- U-Visa certification signed by the police, prosecutor and/or court.
*The necessary documentation and/or evidence will depend on the case type of each individual.*
Violence Against Women Act (VAWA)
- S self-petition migratory benefit that allows the person to obtein a two year Work Permit. It can be renewd and in some cases, residency is granted.
- Immigrant victims of abuse (physical and/or mental) or extreme cruelty, committed by a relative, citizen or legal resident of the United States.
- It refers to all family relationships, including those originating from civil marriage, and/or de facto union (depending on the State), parental and/or children.
*These cases are confidential and do not punish the abusers, on the contrary, their sole purpose is to protect the undocumented victim.*
- Bona fide family relationship proof.
- Documentary evidence of the family relationship.
- Documentary proof of the immigration status of the abuser.
- Testimonial evidence of extreme cruelty or abuse suffered.
- Documentary proof of the extreme cruelty or abuse suffered (if applicable).
*The necessary documentation and/or evidence will depend on the case type of each individual.*
Asylum
- A request to the United States Government for a immigrant to be protected due to persecution or they fear they will suffer persecution because of their race, religion, nationality, political opinion, or belonging to a particular social group. This request must be filed within less than 1 year after arriving to the United States.
- This legal figure provides the possibility of obtaining legal status in the United States. If the asylum is approved, the person can apply for residency a year later, and during the process a Work Permit can be obtained.
- If it is not approved, the case will be sent to the Immigration Court where the request can be reviewed again, in front of a judge.
- Any immigrant present in the United States who feels vulnerable due to 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/or documentary evidence that the applicant’s life is in danger.
- Honest request and in good faith.
*The necessary documentation and/or evidence will depend on the case type of each individual.*
Citizenship or Naturalization Process
- The process that legal residents follow to obtain the United States citizenship.
- Most important benefits:
- They can not be deported.
- A citizen can file petitions for relatives, including spouse, children (regardless of their marital status), parents and siblings.
- They can travel or move to another country without any restrictions.
- They can participate in local, state and national elections.
- United States permanent residents.
- Good moral character.
- Migratory and/or criminal history of the beneficiary evaluation (requirement of admissibility to migrate to the United States).
- To speak English.
- Demonstrate that the person meets the residency and physical presence requirements in the United States, in accordance with current law.
- Pass the Civics, History, and English exam determined by law.
The exam can be taken in Spanish when medical exceptions are verified and/or due to elapsed time and age of the resident.
*The necessary documentation and/or evidence will depend on the case type of each individual.*
Defense in immigration court
- An analysis that is carried out when an immigrant is facing a possible deportation in front of the Immigration Court.
- The immigrant has been detained by the United States Government (ICE) and will have the opportunity, in several hearings, to present different types of defense as long as he meets the requirements of the law. At the end of these cases, the judge determines whether the person should be deported, voluntarily leave the country, achieve administrative closure of the case and/or have gained legal status in the United States.
- The most common defense in the Immigration Court is to request the cancellation of it based on the extreme and unusual harm that the closest relatives of the immigrant would suffer if the person is deported.
- Other defenses may be applied depending on the case.
- Legal consultation to determine if the case has a possible defense or not.
*The necessary documentation and/or evidence will depend on the case type of each individual.*
Prosecutorial Discretion
- A request to the immigration court to close a case administratively and/or definitively, because the immigrant does not have a criminal profile and/or does not threaten public welfare.
- A person who is in front of Immigration Court, as long as they have had good conduct and do not have a criminal record (subject to discretion).
- Legal consultation to determine if the case has a possible defense or not.
*The necessary documentation and/or evidence will depend on the case type of each individual.*
TN Temporary visas based on the North American Free Trade Agreement (NAFTA)
- A work visa for temporary professionals (from Mexico and Canada) so that they can work and live in the United States for three years (the work visa can be renewd for the same duration).
- Professionals from Mexico and Canada whose profession is on the list of the NAFTA treaty.
- Legal consultation to determine if the case is feasible.
- An employer who is willing to sponsor the professional and to meet the law requirements.
*The necessary documentation and/or evidence will depend on the case type of each individual.*
Contact us however you want!
No mather where you are, even if you are outside the United States, ALBUJA LAW makes avaliable different resources to easy the access to your consultation.
Let´s talk between inmigrants and let us show you why we are experts in the management of inmigration cases.
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