WAYS TO OBTAIN STATUS & OTHER RELIEF

U.S. citizens can file an immigrant visa petition for their: spouse, son or daughter, parent or sister.

U.S. Lawful Permanent Residents can file an immigrant visa petition for their: spouse or unmarried son or daughter.

A foreign citizen seeking to live permanently in the United States requires an immigrant visa (IV). To be eligible to apply for an IV, a foreign citizen must be sponsored by an immediate relative who is at least 21 years of age and is either a U.S. citizen or U.S. Lawful Permanent Resident.

There are two types of family-based immigrant visas: Immediate Relative – these visas are based on a close family relationship with a U.S. citizen, such as a spouse, child or parent. Family Preference – these visas are for specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident. The number of immigrants in these categories is limited each year.

Spouse - If you are a U.S. citizen you have two ways to bring your foreign spouse to the United States to live. They are:

  • Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1)
  • Nonimmigrant visa for spouse (K-3)

Fiancé(e) - If you are a U.S. citizen, you may bring your fiancé(e) to the United States to marry and live here, with a nonimmigrant visa for a fiancé(e) (K-1). To qualify for this, you must marry within 90 days of your fiancé(e)’s admission to the United States. There are several requirements in this category such as having met in person prior to filing the application. 

 

DACA - You may qualify for DACA if you: 

  1.  Were under the age of 31 as of June 15, 2012; 
  2. Came to the United States before reaching your 16th birthday; 
  3. Have continuously resided in the United States since June 15, 2007, up to the present time; 
  4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
  5. Had no lawful status on June 15, 2012; 
  6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and 
  7. Have not been convicted of a felony, significant misdemeanor,or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Battered Spouse, Children & Parents - A battered spouse, child or parent, may file an immigrant visa petition under the Immigration and Nationality Act (INA), as amended by the Violence Against Women Act (VAWA). The VAWA provisions in the INA allow certain spouses, children, and parents of U.S. citizens and certain spouses and children of permanent residents to file a petition for themselves, without the abuser's knowledge. This allows victims to seek both safety and independence from their abuser..


Refugees and Asylum - Refugee status or asylum may be granted to people who have been persecuted or fear they will be persecuted on account of race, religion, nationality, and/or membership in a particular social group or political opinion. Refugee may be sought from outside the United States. Asylum is sought from inside the United States or at the port of entry.

 

Victims of Human Trafficking - There are two types of immigration relief provided to victims of human trafficking and other crimes: T Nonimmigrant Status (T Visa), which provides immigration protection to victims of trafficking. The T Visa allows victims to remain in the United States. U Nonimmigrant Status (U Visa), provides immigration protection to crime victims who have suffered substantial mental or physical abuse as a result of the crime. The U visa allows victims to remain in the United States. Under both categories, the victim is required to assist law enforcement authorities in the investigation or prosecution of the criminal activity.

  • DACA
  • TPS
  • Asylum
  • Cancellation of Removal
  • Immigration Appeals 
  • Immigration Bonds
  • Stay of Removal
  • Naturalization
  • Fiancé(e) Petition
  • Adjustment of Status
  • Petition for Alien Relative
  • Deportation Defense 
  • Immigration Court Representation
  • Motions to Reopen