Family Based Immigration

I-130, Family Based Petition

Family-based petitions are a very important aspect of immigration law. Family-based petitions unite families through the immigration process. We have a vast amount of experience and knowledge in all forms of family-based immigration law including Fiance Visas. We will work with you to help you understand the best options available to you and your family.

Because no two cases are exactly alike, we work closely with you to find a legal strategy that is unique to your situation and that will help you achieve your end goal. Regardless of whether your case is straightforward or unusual and difficult in nature, we will work tirelessly to ensure that we have taken the best path to your success.

With professional, competent, and effective representation, your path toward uniting with your beloved family member will prove to be shorter and easier. Call Chammas Jurado today to schedule a consultation in order to get a head start on achieving family unity.

I-485, Adjustment of Status

Adjustment of status is the process of changing from a nonimmigrant immigration status (student, tourist, temporary worker) to a Legal Permanent Residence (LPR).

Immigration laws allows a nonimmigrant visa holder to change status to an LPR if the individual meets the following requirements:

  1. Made a lawful entry into the United States; and
  2. is physically present inside the United States when the petition is submitted; and
  3. Has an approved and currently available family petition; and
  4. is not inadmissible due to any criminal or immigration law violations.

If you need help determining if you qualify for Adjustment of Status, contact Chammas Jurado | The Immigration Attorneys today. We have a vast amount of experience in immigration law and we provide advanced and comprehensive support on all immigration issues.

601, Application for Waiver of Grounds of Inadmissibility

By using Form I-601, certain foreign citizens who are ineligible to immigrate to the United States because they are “inadmissible” can request a waiver (forgiveness) of inadmissibility.

The adjudication process for I-601 waiver applications is somewhat subjective because it all depends on the reviewing immigration officer’s interpretation of your circumstances.

Most I-601 waiver applications are based on showing that a qualifying relative; a member of the immigrant-applicant’s immediate family, who is a U.S. citizen or permanent resident, would suffer extreme hardship if the immigrant applicant were to be denied entry or removed from the U.S.

Extreme Hardship is not defined in immigration laws or regulations. Consequently, officers have great discretion to approve or deny I-601 waiver applications.The chance of your application being approved depends on the strength of the evidence you submit.

Grounds of Inadmissibility that may be Waived

  1. Heath related grounds of inadmissibility
  2. Certain criminal grounds of inadmissibility
  3. Immigration fraud and misrepresentation
  4. Immigrant membership in a totalitarian party
  5. Alien smuggler
  6. Being subject to civil penalty
  7. The 3-year or 10-year bar due to previous unlawful presence in the U.S.

If you need help determining if you qualify for a 601 Waiver, contact Chammas Jurado | The Immigration Attorneys today. We have a vast amount of experience in immigration law and we provide advanced and comprehensive support on all immigration issues.

601A, Application for Provisional Unlawful Presence Waiver

The I-601A waiver allows certain relatives of United States citizens or permanent residents to request a waiver of the multi-year bars for unlawful presence before they leave the US for their consular interview. The unlawful presence ground of inadmissibility is attached to those who have, after the age of 18, accrued unlawful presence in the U.S. of 180 days or more, and are barred from returning to the U.S. for three years or 10 years for those who have accrued unlawful presence of one year or more.

Those eligible for a I-601A waiver, must meet all of the following criteria:

  • Must have an approved and available visa;
  • Must be physically present in the United States at the time of submitting the I-601A waiver.
  • Must be at least 17 years of age.
  • Must not be otherwise inadmissible
  • Must be able to prove that a US Citizen or Legal Permanent parent or spouse will suffer extreme hardship if the applicant is not allowed to return to the US or if the applicant’s family has to relocate to the applicant’s country or origin.

If you need help determining if you qualify for a 601A Waiver, contact Chammas Jurado | The Immigration Attorneys today. We have a vast amount of experience in immigration law and we provide advanced and comprehensive support on all immigration issues.

I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal

People who have been deported or ordered removed from the U.S. may not lawfully return to the U.S. for a specified period of time. If they wish to do so before that time period is up they must seek a waiver from the U.S. government. This waiver is known as an I-212 waiver or “permission to reapply.”

I-212 waivers are discretionary. However, factors the government will consider when deciding whether to grant one include:

  • The reason the alien was deported.
  • How long ago the alien was deported.
  • The length of the alien’s lawful residence in the U.S. (if any).
  • The applicant’s moral character and respect for law and order
  • Evidence of reformation and rehabilitation
  • Whether the applicant is inadmissible to the U.S. under other sections of law
  • The applicant’s family responsibilities in the United States
  • Hardship to family members who are lawfully present in the U.S.
  • The need for the applicant to work in the U.S.

If you need help determining if you qualify for an I-212 Waiver, contact Chammas Jurado | The Immigration Attorneys today. We have a vast amount of experience in immigration law and we provide advanced and comprehensive support on all immigration issues.

Parole in Place for US Military Families

Parole in place allows certain undocumented family members of U.S. military personnel to be paroled into the United States in 1-year increments. One may be eligible for Parole in Place if they are an immediate relative to certain members of the US. Armed forces. Parole in Place is available to spouses, widows, parents or unmarried children (under the age of 21) of active-duty member of the U.S. armed forces, of individuals in the Selected Reserve of the Ready Reserve; or of individuals who previously served on active duty or in the Selected Reserve of the Ready Reserve and were not dishonorably discharged.

Because Parole in Place is granted on a case-by-case basis, and can be very fact specific, it is extremely important that you contact an attorney to receive more information on whether or not you may be eligible for such benefit.

If you need help determining if you qualify for Parole in Place, contact Chammas Jurado | The Immigration Attorneys today. We have a vast amount of experience in immigration law and we provide advanced and comprehensive support on all immigration issues.

I-751, Removal of Conditions

When an individual is granted lawful permanent residency based on a marriage to a U.S. Citizen or lawful permanent resident, in which the marriage was less than two year old on the day they were granted their permanent resident status, the beneficiary is given a conditional resident status.

90 days prior to the two-year anniversary of your conditional residency, one must apply to remove the condition on their permanent residency. Once this condition is removed their status will be changed to that of a lawful permanent resident. However, it is very important that one properly files to have the condition removed on their resident status during the allotted time.

Individuals are eligible to remove the condition on their residency if they are still married to the same U.S. citizen or permanent resident after the two year period, if they are widowed and entered into their marriage in good faith, entered a marriage in good faith that has now ended in divorce or annulment, or they entered into a marriage in good faith but either the applicant or their child were the subject of a battery or abuse by their U.S. citizen or lawful permanent resident spouse.

Due to the time-sensitive nature of the removal of a condition, it is highly recommended that you contact an immigration attorney to ensure you properly file to remove the condition within the allotted time. If you believe that you are eligible to apply to remove your condition on your permanent residency, we strongly urge you to contact Chammas Jurado today in order to begin your process.

K1, Fiancé Visa

A K-1 visa — also called a fiancé visa — allows the engaged partner of a U.S. citizen to enter the United States, as long as the couple gets married no more than 90 days later. The newly married spouse can then apply for permanent residence (a “green card”) based on marriage.

Specific requirements include:

  • The sponsoring partner must be a U.S. citizen;
  • Both partners must be eligible to marry;
  • The legitimacy of the relationship must be proved with evidence such as photographs, flight itineraries and/or hotel reservations of trips taken together as a couple, written statements from friends and colleagues who are aware of the engagement, letters or emails between the partners, etc.
  • The couple must be able to prove that they have met in person at least one time within the two years prior to filing the visa form (except for cases of extreme hardship, or where in-person meetings would violate cultural, religious, or social norms). Evidence may include flight itineraries, hotel itineraries, dated photos, etc.
  • Please note that K-1 visas are available to same-sex partners, regardless of whether the laws in the sponsored fiancé’s home country allow for sex-same marriage.

If you need help determining if you qualify for a K1Visa, contact Chammas Jurado | The Immigration Attorneys today. We have a vast amount of experience in immigration law and we provide advanced and comprehensive support on all immigration issues.

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