Immigration Law Firm

The LGBTQ+ community have the same rights as anyone else to pursue their green card or U.S. citizenship.  While the Supreme Court recognizes your legal marriage, sometimes the immigration officer does not respect your rights. The Trump Administration is seeking to make it more difficult for the LGBTQ+ community on many fronts. We know their position but it is not ours. We have your back. We will prepare your case like the pros that we are, and we will attend the interview with you in the U.S. We keep the officer in line and are not afraid to assert your rights. Same Sex Marriage is illegal in some countries. We have solutions. On line marriage via Utahcounty.gov is an option. No you don't have to live in Utah or even the U.S. It is a solution to your challenges. All of our team members strongly believe in the equal treatment of all of our clients. We are personally committed to supporting you and your immigration goals. We warmly welcome members of the LGBT community to our office and zealously represent your unique challenges in the immigration process. Let us begin and WIN. 

Romance happens anywhere. Countless Americans have met the love of their lives while traveling, working, or studying abroad. When that romance develops into a special long-term relationship, you want to be together as quickly as possible in the U.S. If you are an U.S. citizen looking to bring your fiance(e)to this country for marriage, a K-1 visa may be the answer. Does your fiance(e) have children? They can be included in the same petition. The K-1 visa allows your fiance(e) to enter the U.S. to marry you. Day one or day 90 from arriving. Then, you may immediately apply for your spouse's green card. Is your fiance(e) worried about not being able to return to their country during the process?  Not to worry.  We can apply for Advance Parole which gives them permission to leave and return to the U.S. They want to work? We got you. They will be able to have a employment authorization while waiting for their green card approval. We have handled countless fiance(e) visa from people living all around the world. We will prepare your fiance(e) for the interview at the consulate or embassy to ensure he/she is prepared. Success. Together.  

You are a DREAMER and we believe in you. The DACA program has been riddled with litigation. We understand that you are tired of it all. If you currently have DACA, then keep it. Renew as soon as 150 days prior to its expiration, and no later than 364 days from its expiration. DACA is a shield from removal from the U.S. even if you have a removal order. It is not just a work permit. You do not have a legal entry. Not to worry. You have the unique option to apply for Advance Parole, and once granted, you can depart the U.S. and reenter without any issues. Are you worried about not being able to be let in? Have you heard horror stories? Stay calm and know that for 99% of the DACA recipients, there is no risk of not being able to return to the U.S. Did you recently get arrested or convicted of a crime? Can you still renew your DACA? It depends, but it is critical that you consult with an immigration attorney, such as our firm, to get these answers. Charged with a DUI? We know the alternative plea that can save your DACA status, and also save you from being placed in removal proceedings or ... deported. You have lived in the U.S. your whole life and we are here to protect your rights. Let us be your partner in the pursuit of your DREAMS.  

Do you want to leave the U.S. and return with permission? An Advance Parole Document is a form of temporary travel authorization to return to the United States upon departure from the United States. The Application is Form I-131. Nonimmigrants in the United States seeking their green cards in the U.S. (such as adjustment of status applicants) DACA recipients, and TPS recipients are all eligible to reenter the United States after traveling abroad without risking of not being permitted back into the U.S. or losing their immigration benefit. For DACA recipients, you must demonstrate a humanitarian, employment or educational reason. Visiting elderly or sick relatives, attending a seminar related to your education or profession, obtaining dental work or IVF treatments for much less money, are all valid reasons to seek Advance Parole. Get creative, and get your legal entry too. The legal entry is often times the key to obtaining your green card either now or in the future. Consider it your "golden ticket."

What if I have a removal order? Can I still leave the U.S. and return safely? The case of Matter of Arrabally and Yerrabelly makes clear that leaving the U.S. with an approved Advance Parole document is not a departure and thus does not effectuate your removal order. In most cases, even under the Trump Administration, this is perfectly safe to depart and reenter even with a removal order. We handle these cases all the time. Let us discuss this option with you during our consultation. We have been successful for hundreds of people. Scared but brave people. 

For Adjustment of Status applicants, Advance Parole is granted for several years and you are permitted to travel to any country as long as your foreign passport allows. If you already filed for your green card and did not file Advance Parole, you can still file. 

Naturalization. That is the legal term. You want to become a U.S. Citizen. The N-400 can be filed if you have been a lawful permanent resident (green card holder) for 5 years, you reside in the U.S. and, you have been physically present more than half of the preceding five years. You have to count the days if you are close. And you have to reside in the U.S. which means that you actually live in the U.S.  Married to a U.S. citizen and have your green card?  You are eligible to apply to naturalize after 3 years. And no, it does not matter how you obtained your green card i.e. your employment was your pathway to residency. Just green card + married to a U.S. citizen + 3 years. 

Did you know that the time starts when you obtain conditional residency and you can apply even if your Form I-751 Removal of Conditions in still pending? Yes. This is a way to get the USCIS to get your case more quickly because special laws apply to adjudication of naturalization applications.

Under the Trump Administration, immigration officials are reviewing how you obtained your green card and if you were actually entitled to it. If you were not entitled to your green card, even if the USCIS made a mistake in granting your residency, the N-400 will be denied, and you will very likely be placed in removal proceedings. You then have to fight to keep your green card before the immigration judge in the EOIR. Thus, at a minimum you should consult with us prior to filing for your naturalization. Better yet, hire us and we will take you all the way, including attending the USCIS interview with you. If approved, you will go to an oath ceremony, and then your naturalization certificate will be issued, and you will officially be able to say you are an American, even if you have lived in America most of you your life and consider it your own country.

We do not love surprises. And that is why with every applicant for citizenship, we file a FOIA (Freedom of Information Act) request to obtain your entire immigration record. If there is any doubt about your residency, we do this prior to even filing the N-400. Better safe then very sorry because deportation proceedings are expensive, stressful and sometimes leaves with no status and removal.    

We would love to assist you in obtaining U.S. Citizenship. Consult. It will be the best $200 you ever spent. 

We get it. You want to obtain your lawful permanent residency in the U.S. without having to leave the U.S. Some people can, but many cannot. You must depart the U.S., have your medical examination aboard and have an interview at the consulate or embassy. Departing the U.S. for your interview requires careful preparation of your green card. Many people need a waiver - such as a 601A waiver for being unlawfully present. Some people cannot depart the U.S. since they have the permanent bar and will have to remain outside the U.S. for 10 years prior to apply for their immigrant visa. Some people may need to file a waiver for fraud, misrepresentation or a criminal conviction after they are refused at their consulate interview. This requires you to remain outside the U.S. until the waiver is granted and you return for another consulate interview. We have experience working with many clients who must consular process and we are experts in understanding the entire process. Doing your case yourself makes no sense. You are not an attorney. We are and it is our job to know the law and to assure that we have carefully analyzed your particular immigration history.

Do you want to bring your family member who has never been to the U.S. or has just temporarily worked or visited?  Consular Processing is what we do, and we do it well.  There is a "dance" between the Department of Homeland Security and the Department of State that must be professionally performed.  Every step counts. We know the steps and we can handle your case efficiently so that you can get your loved one into the U.S. and you all can start enjoying your family together in the U.S.  Our team at Familia America, LLC., is highly experienced in this process and has successfully processed immigrant visas in numerous consulate offices and embassies around the world. Lets do this together. Call to consult with us today! 

Forgiveness is real. Forgiveness happens. But you must present strong evidence to support your waiver and present it in a way that the Department of Homeland Security likes it.  We have successfully represented hundreds of people who sought and obtained a waiver. Take a look at all of these waivers that can be successfully granted! 

601A - Provisional Waiver for Unlawful Presence. (filed while in the U.S.)

601 Waiver for Unlawful Presence (3 year bar - 212(a)(9)(B)(i)(I)) and the 10 year bar -212(a)(9)(B)(i)(II)

212(h) Waiver for Prostitution, Crimes More than 15 years old, Crime of Moral Turpitude, and Simple Possession of Marijuana. 

212(a)(6)(C)(i) Waiver for Fraud or Misrepresentation.

Waiver for Illness, or other Health-Related Issues. 

I-212 - Waiver after Prior Removal or Deportation: Permission to Reapply for Admission.

212(k) Waiver for individuals who obtained visa, and even entered the U.S. when they were not legally eligible to do so.

Waiver of the Two-Year Home Residency Requirement for J Visa Holders.

Waiver for Alien Smuggling. 

Many people have no idea if they need a waiver because they do not understand the complexity of the law relating to grounds of inadmissibility. We do. Often times, we can get your loved one back to the U.S. sooner than what is legally required. We can also file a waiver along with an Adjustment of Status Application so that your green card can be granted because once approved, the ground(s) of inadmissibility are no longer there. Our success lies in talking with our client and their family and understanding their particular hardship and the totality of the circumstances. The form is the easy part but if filed incorrectly, in the wrong way and to the incorrect location, can cause months, if not years of unnecessary delay. Our team at Familia America are dedicated to you and your family and we will not quit until we have pursued all forgiveness for you or your loved one. Call us to consult today! 

Military Parole in Place, filed on Form I-131, is permitted if your family member is serving in the U.S. Armed Forces, did serve in the U.S. Armed Forces and was discharged honorably or other than honorably, or served in the U.S. Armed Forces but is deceased. The family members that served can be the spouse, child, son or daughter, or parent of the military member.  The Ready Reserve of the U.S. Armed Forces, including the National Guard all are qualifying. 

What does it grant you?  If granted, you are placed into deferred action which allows you to apply for employment authorization. Deferred Action means that you will not likely be removed from the U.S. even if you are undocumented. The Trump Administration supports military family members and the Department of Homeland Security has full discretion to grant or deny the Application. 

Your child can apply for Parole in Place for you when he/she is actively enrolled in the U.S. Armed Forces, even if they are only 18 years old. Thereafter, when then that child turns 21 years old he/may be able apply for your lawful permanent residency depending on your entire immigration and criminal history. Your other U.S. Citizen child may even be able to apply for your residency right away if they are 21 years old or older. No need to wait for the child who is serving in the military! 

With the Trump Administrations pledge to deport all undocumented individuals, obtaining Parole in Place maybe a way to stay safely in the U.S. with your family. 

Deferred Enforcement Departure is another remedy that is available especially if you last entered the U.S. with admission, or parole (i.e. with a visa). That must be filed directly with Immigration and Customs and Enforcement. 

There is extensive evidence that must be gathered in support of these forms of relief. Victim visa attorney Gloria Cardenas and her team are experienced and caring individuals and will personally guide you through this application process mindful that you are a victim and may need special attention and patience. We welcome you. Battered Spouses / Children of US Citizens or US Permanent Residents.

No more wondering and worrying. 

A FOIA request is a Freedom of Information Request to the Immigration offices to obtain your entire immigration history. An FBI request can be simultaneously filed to obtain your entire criminal history. It is $18.00 to the Department of Treasury.  

2 Year Green Card holders have the same rights as 10 year Green card holders. With one exception. At 90 days prior to the expiration of your conditional residency (and up until the very last day of your 2 year residency card), you must file a Form I-751 Petition to Remove Conditions. Do not waste time since an untimely filing means that your petition will likely be denied. 

If your form I-751 is denied, you will be placed into removal proceedings. It is a guarantee because it is the law. You will still be a green card holder until the judge makes a decision, but being in removal proceedings is stressful and many people do not retain their residency.   

If you are married, you file a Joint Form I-751 and attach joint documents and declarations indicating that you are still married in good faith, even if your marriage is on the rocks. 

The Biden administration announced a special parole program for Ukrainians that began April 25, 2022. The program is a streamlined process for Ukrainian and Venezuelan citizens to request permission to travel to the United States and apply for Humanitarian Parole. Temporary Protected Status (TPS) is a temporary immigration status provided to nationals of certain countries experiencing problems that make it difficult or unsafe for their nationals to be deported there. TPS has been a lifeline to hundreds of thousands of individuals already in the United States when problems in a home country make their departure or deportation untenable.

The Trump Administration has directed ICE officials to deny bond to all individuals who entered the U.S. without inspection regardless of how long that individual has resided in the U.S, regardless of the possibility of successfully obtaining a green card by order of the immigration judge and, regardless if they have no criminal record, and regardless of the fact that they have have families in the U.S. and have been faithfully filing and paying taxes. 

If you would like to consult with us, please contact our office. Time is of the essence for you.