Other Immigration Cases
I represent people in many other types of immigration cases, including green card renewals (I-90), fiance petitions (I-129F), petitions to remove conditions on residency (I-751), parole-in-place applications, work permit applications (I-765), Freedom of Information Act requests (FOIA), TPS, and NACARA. I also help people with various types of humanitarian-based applications, including VAWA self-petitions, asylum, and Special Immigration Juvenile Status. If you have an immigration issue, get in touch with me and hopefully I will be able to help you.
Frequently Asked Questions
My green card is about to expire. Should I renew it or just apply for citizenship?
If you are eligible for naturalization, a green card renewal may be a waste of money. However, before applying for citizenship, it is very important that you consult with an immigration attorney to make sure that you are eligible. There are risks involved in a naturalization application and you should know the risks before you apply. If you apply for naturalization more than six months before the expiration of your green card, USCIS will give you a temporary residency stamp in your passport without the need to file a green card renewal application. On the other hand, if you file your naturalization application less than six months before your green card expiration date, or after your green card is already expired, then you will need to apply for a green card renewal if you want proof of legal residency in the United States.
Can I apply for a work permit?
There are dozens of categories of work permit in the United States. In general, you must be in legal status that allows for work authorization, or you must have a pending application for legal status in the United States before you can apply for a work permit. For example, people applying for asylum may be eligible for a work permit in the (c)(8) category, people applying for adjustment of status may be eligible for a work permit in the (c)(9) category, and people applying for cancellation of removal may be eligible for a work permit in the (c)(10) category. There are many ways to make yourself eligible for a work permit, but it depends on your individual case.
What is Special Immigrant Juvenile Status?
Special Immigration Juvenile Status is a benefit for children who have been abused, abandoned or neglected by one or both parents. If a juvenile court judge finds that it is not in the child’s best interest to return to his or her country of origin and that reunification with a parent is not viable, the child may be able to apply for permanent residency in the United States. There must be a valid state court order before the child may petition for residency, which may include orders related to dependency and neglect, custody, guardianship, adoption, and delinquency. If you care for a child who was abused, abandoned or neglected by one of his or her parents, either inside the US or outside the US, please contact me to see whether the child may apply for special immigrant juvenile status.
I got my green card through my US citizen spouse. I received a two year green card but now we are separated. What should I do?
When you get residency through a spouse and you have been married for less than two years at the time of your green card approval, you will be approved for two years of conditional residency. After two years you are required to file form I-751 to remove the conditions on your residency. If your spouse will not sign the I-751, there are three ways to remove the condition from your residency without the signature of your spouse. First, you would have to prove that you entered into the marriage in good faith and the marriage was terminated in death or divorce. Second, you would have to show that you entered into the marriage in good faith and you were abused during the marriage. Third, you would have to establish that you will suffer extreme hardship if you are required to leave the United States.
What is a VAWA self-petition?
A person who has been a victim of battery or extreme cruelty at the hands of a US citizen or permanent resident spouse may self-petition for his or her own green card rather than depend on the abusive spouse to petition for him or her. There is no requirement that a police report be filed and no obligation to cooperate in a police investigation or prosecution. In some cases a client will be eligible for both a VAWA self-petition and a U visa. For those who qualify, the best option is often the VAWA self-petition instead of the U visa because the path to permanent residency is much faster.
What is parole-in-place?
Parole-in-place is a benefit for the immediate family of current or former members of the U.S. military, including active duty and the selected reserve of the ready reserve. Parole-in-place creates a record of lawful entry for an immigrant family member so that he or she may apply for a green card through adjustment of status instead of consular processing. This procedure is especially beneficial for the parents of US citizens who entered the United States illegally. In many cases parole-in-place will eliminate the need for a family member to spend ten years outside the United States.
