Helping clients help themselves
When you are already legally present in the United States, then the immigration process is known as “Adjustment of Status”. This process allows you to change your immigration status from what it was originally (e.g.: non-immigrant visas B-1/B-2, K-1, J-1, or refugee) to permanent resident status without returning to your home country to apply for an immigrant visa.
Most Vega Acosta Law Firm clients apply for an immigrant visa on the basis of their family relationship to an existing American citizen or permanent resident. I begin your case with a thorough interview. Once all necessary evidence is gathered, I prepare your case and create a customized support brief that outlines your cases validity. After submitting your case to the proper agency, I personally meet with clients to discuss the next steps. I prepare clients for the marriage interview and attend the marriage interview with my clients.
Consular Processing differs from adjustment of status in that the case is a three-step process that involves starting your case with USCIS. Once approved, the case is forwarded to the National Visa Center for gathering of additional evidence and information. Once completed, the case is forwarded to the State Department for a personal interview between the intending immigrant and a consular officer.
Similar to the Adjustment of Status process, I work with my clients one on one to develop and present the best possible case. By working your case with an attorney who has a track of success in family based immigration cases, you ensure that you are working with someone who understands your concerns and has the ability to get you the answer to your questions.
Under American law, all single US citizens who have met their fiancée in person in the past two years have an absolute right to bring their fiancée to the US. Unfortunately many attempts to bring over foreign fiancés do not succeed because of the numerous pitfalls in the fiancée visa process. I know where these pitfalls are likely to occur and know how to navigate them. I know what supporting documents USCIS is looking for and the best way to present your situation so that the fiancée visa gets approved.
I make certain that your K-1 visa petition is done right the first time. I include a customized support brief with each petition that leads the USCIS examiner through the petition. To find out details about the fiancée visa process, schedule your initial consultation today.
DACA or Deferred Action for Childhood Arrivals, is the Obama administration’s program to address the immediacy of bringing undocumented children out of the shadows and functioning in the real world.
DACA went into effect June 15, 2012 and was a welcome relief for young immigrants who had no say in the decision to immigrate, but have grown up in the U.S. DHS began accepting DACA applications in August of 2012. DACA could result in these children getting permission to work, a social security number and a driver’s license with insurance. As these young folks came out of the shadows to claim their place in their communities, the possibility of other forms of relief also came to light; possibilities that had gone unidentified while they remained out of sight. Those who seek DACA relief often do so believing that it will be a path to legalization. But, DACA is not the DREAM Act. If passed, the DREAM Act would grant permanent residence plus all accompanying benefits to qualified young immigrants. DACA does provide a stay of deportation from the U.S. but doesn’t, at least under the current policy, lead to U.S. legal residency.
The most important thing for clients to recognize is that DACA is not a one size fits all solution. In some cases, filings by family members long ago, marriages to U.S. citizens, or visas available to some victims of crime became alternatives that produced far better results than DACA. These options required a careful and detailed analysis.
Before applying for DACA, young immigrants need to carefully review personal, immigration, and criminal history and any risks associated with giving background information to the government with an experienced immigration lawyer. DACA requires proving the applicant is an “American kid” who speaks English, has gone to school in the U.S. through the high school years and doesn’t have a criminal record. Evidence that must be submitted to establish the applicant’s continuance presence in the U.S., proof of a high school diploma or equivalent, and proof of a lack of criminal history.
DACA gives some children the unique place in the immigration system that they deserve. DACA also creates a shorter path for young undocumented immigrants to function legitimately in society. It allows for a safe society while being a safe haven. It is not the silver bullet in all cases. If you believe that you may be eligible for DACA schedule an appointment with me today to discuss whether DACA is the right option for you.
When attempting to get permanent residence through marriage or bringing a foreign national spouse or fiancé to the U.S., you have the burden of proving that your marriage is a valid or bona fide marriage. The government uses legal standards that require evidentiary support.
I understand the law in marriage cases and stay current on legal decisions and various interpretations of the law by federal government agencies. As your attorney, I will prepare a case tailored to achieve the best result.
Schedule a case evaluation of your adjustment of status or marriage case today, call 785-539-5300.
Even in the best of circumstances, immigration law can be challenging. I have the expertise to effectively handle traditional and complex family-based petitions that may involve the U.S. provisional visa waiver program, consular processing and other sophisticated issues.
In challenging cases, clients are often concerned about a potentially lengthy period of separation from their loved ones if they are required to go through consular processing outside of the U.S. I am here to help alleviate those concerns and minimize the time clients must spend outside the U.S. In other cases, individuals have problems obtaining green cards due to previous immigration law violations. In such instances, we can advise them about pursuing a provisional waiver.
Most of my clients have never had to deal with government bureaucrats before, and the fear of the unknown can be a powerful deterrent to applying for immigration benefits on behalf of loved ones. I will guide you through the process, explaining what will happen and when. I will work with you to surmount any obstacles you may encounter along the way. You can expect thorough advice, experienced representation, streamlined processes, current technology and timely responses to your questions, whether by email, fax, phone or in-person.
If you have any questions about family-based petitions or I can help pursue green cards for your loved ones, please contact Vega Acosta Law Firm at 785-539-5300, or by email. During your initial consultation, we will discuss your particular needs and concerns in detail.
There are many benefits to retaining an experienced naturalization lawyer before you apply for citizenship. The law in the area of Naturalization is complex, unforgiving and can be treacherous to the unaware. Applying for naturalization when you have any criminal arrests or convictions can land the unsuspecting person in removal proceedings. A permanent residence card, even with years or even decades of residence in the United States may not protect you from being placed in removal proceedings once you bring yourself to the attention of the USCIS by applying for U.S citizenship. That is why it is important to consult with a knowledgeable attorney before you bring a naturalization application before the USCIS.
I am experienced at evaluating your Naturalization case to head of potential negative consequences. Even non-criminal issues can come up during the naturalization process that invalidate your permanent residence card and put you in removal proceedings. Contact me for a consultation and case evaluation.