We help reunite families, assist investors, support asylum applicants, and protect those in deportation proceedings. For more information or to set up an appointment, call (415) 360-5266.
Family-based Petitions and Visas
A U.S. citizen or lawful permanent resident (LPR) may petition for certain family members to receive either a Green Card, a fiancé(e) visa, or a K-3/K-4 visa based on their relationship. Individuals who are not present in the U.S. or who are not eligible to adjust their status will have to apply for an immigrant visa through the U.S. embassy or consulate in their home country.
The following individuals can be beneficiaries of an immigrant visa petition:
- Immediate relatives of a U.S. citizen: spouses, unmarried children under 21, and parents (as long as the petitioning son or daughter is over 21).
- Other relatives of a U.S. citizen: unmarried sons or daughters over 21, married children of any age, and siblings of U.S. citizen petitioners over 21.
- Relatives of an LPR: spouses and unmarried children of a petitioning Green Card holder.
Citizenship and Naturalization
If an individual meets certain requirements, he or she may become a U.S. citizen either at birth or after birth.
Citizen at birth: Have been born in the United States or certain territories or outlying possessions of the United States, and subject to the jurisdiction of the United States; or had a parent or parents who were citizens at the time of birth.
Naturalization: An individual who has been a permanent resident for at least 5 years and meets all other eligibility requirements; or has been a permanent resident for 3 years or more and meets all eligibility requirements to file as a spouse of a U.S. citizen.
Employment and Investor Visas
The United States offers a wide range of visa categories for professionals, skilled workers, investors, and multinational executives. Temporary work visas include the H-1B for specialty occupations, the L-1 for intracompany transferees, the O-1 for individuals with extraordinary ability, the E-2 for treaty investors, and the TN visa under USMCA.
Employment-based immigrant visas (green cards) are divided into preference categories: EB-1 (extraordinary ability, outstanding professors, multinational executives), EB-2 (advanced degrees, exceptional ability), EB-3 (skilled workers, professionals), EB-4 (special immigrants), and EB-5 (immigrant investors).
Removal Defenses
When a person is placed in removal (deportation) proceedings before an immigration judge, they have the right to present their case and seek relief from removal. Relief may take many forms including asylum, withholding of removal, protection under the Convention Against Torture, cancellation of removal, adjustment of status, voluntary departure, and waivers of inadmissibility.
VAWA, U Visas & SIJ
Congress has created special immigration protections for vulnerable individuals including victims of domestic violence (VAWA self-petitions), victims of qualifying crimes who assist law enforcement (U visa), and children who have been abused, neglected, or abandoned (Special Immigrant Juvenile status).
Waivers of Inadmissibility
Many individuals who are otherwise eligible for an immigration benefit are found to be inadmissible. Waivers allow certain individuals to overcome these bars. The I-601 waiver requires a showing of extreme hardship to a qualifying relative. The I-601A provisional waiver allows certain individuals to apply for a waiver of unlawful presence before departing for their consular interview.
Appeals & Mandamus
When USCIS or an immigration judge issues an adverse decision, it may be possible to appeal. Most decisions by immigration judges may be appealed to the Board of Immigration Appeals (BIA). In cases where USCIS has failed to adjudicate a case within a reasonable time, a mandamus action in federal court may compel the agency to act.
Habeas Corpus & Federal Court
Individuals in immigration detention have the right to challenge the legality of their detention through a petition for a writ of habeas corpus in federal district court. Our firm handles federal litigation including habeas corpus petitions, petitions for review of BIA decisions, and lawsuits challenging unlawful policies.