FAMILY IMMIGRATION
Pathways for spouses, fiancés, and close relatives to obtain permanent residence or visas.
Marriage Green Cards
For spouses of U.S. citizens or permanent residents seeking lawful permanent residence. Evidence focuses on a bona fide marriage, shared life, and admissibility.
- Key proof: joint lease/bank accounts, photos, affidavits, tax returns.
- Interviews: USCIS interview (AOS) or consular interview (IR/CR visas).
- Timing: CR-1 conditional status if marriage < 2 years at residence grant.
Next step Gather relationship evidence and request a Book Free Consultation
Green Cards through Adjustment of Status
For applicants inside the U.S. who qualify to apply for residence without leaving. Often paired with concurrent filing of I-130/I-485 when eligible.
- Eligibility: lawful entry (or exceptions), qualifying relationship, visa availability.
- Package: I-130, I-485, I-864, I-765/I-131 (optional), medical exam (I-693).
- Benefits: work/travel authorization while AOS is pending.
Immigrant Visas through Marriage (IR-1 / CR-1)
For spouses abroad. After I-130 approval, NVC processing and embassy interview lead to immigrant visa issuance and green card upon U.S. entry.
- IR-1: 10-year card if married ≥ 2 years at entry; CR-1: 2-year conditional card.
- NVC: DS-260, civil docs, police certs, I-864, fees.
K-1 Fiancé(e) Visas
Allows entry for a fiancé(e) of a U.S. citizen to marry within 90 days and then file AOS.
- Proof: in-person meeting within 2 years (limited waivers), intent to marry, relationship evidence.
- Path: K-1 entry → marriage (90 days) → I-485 (AOS).
I-601 / I-601A Waivers of Inadmissibility
Forgive certain grounds (unlawful presence, misrepresentation, etc.) based on extreme hardship to a qualifying relative.
- I-601A: provisional unlawful presence waiver filed in U.S. before consular interview.
- Evidence: medical, financial, educational, psychological, country conditions.
Removal of Conditions (Joint Filing)
For CR-1 residents to convert the 2-year card to a 10-year card by filing I-751 within 90 days before expiration.
- Joint filing: both spouses sign; robust joint evidence required.
- RFE/interview: possible if evidence is weak or issues arise.
Removal of Conditions After Divorce (I-751 Waiver)
Waiver options if marriage ended or joint filing isn’t possible.
- Grounds: good-faith marriage ended; battery/extreme cruelty; extreme hardship.
- Proof: relationship history, counseling/police reports as applicable.
Permission to Reapply After Removal (I-212)
Needed to overcome prior removal/deportation before seeking new admission or immigrant visa.
- Factors: rehabilitation, time since removal, equities, hardship.
WAIVERS
I-601 / I-601A Waivers (General)
Covers unlawful presence, certain misrepresentations, and some criminal grounds. Requires qualifying relative hardship and discretionary approval.
Immigration Vaccination Waivers
May be based on medical contraindication, limited vaccine availability, or religious/moral convictions (with detailed sworn statements).
Adam Walsh Act Waivers
For U.S. citizen/LPR petitioners with certain offenses; extremely stringent “no risk” standard and extensive evidence.
I-212 Waivers of Removal/Deportation
Permission to reapply after removal; often paired with I-601 depending on inadmissibility grounds.
I-751 Waivers After Divorce
Converts conditional residence to permanent without the spouse; show good-faith marriage and supporting evidence.
EMPLOYMENT AND BUSINESS VISAS (TEMPORARY)
O-1 Person of Extraordinary Ability
For those with sustained national/international acclaim in sciences, arts, education, business, or athletics.
- Advisory letters, major awards, publications, press, high remuneration.
TN NAFTA Professionals
For eligible Canadian/Mexican professionals in listed occupations with degree/license evidence.
H-1B Specialty Occupations
Requires a bachelor’s degree (or equivalent) and employer sponsorship; subject to annual cap (with exemptions).
L-1A Executives / L-1B Specialized Knowledge
Transfers within a multinational employer; prior continuous employment abroad required.
E-2 Treaty Investors
For nationals of treaty countries investing substantially in a bona fide U.S. enterprise.
PERMANENT RESIDENCE (EMPLOYMENT)
Petitions for Alien Worker (I-140)
Employer or self-petition (certain categories) establishing eligibility for EB classifications.
EB-2 National Interest Waiver (NIW)
Waives PERM if work has substantial merit, national importance, you’re well positioned, and on balance it benefits the U.S.
PERM Labor Certificates
Employer recruitment and DOL certification showing no able/willing qualified U.S. workers for the role.
NATURALIZATION AND CITIZENSHIP
Naturalization
Typically 5 years as LPR (3 if married to U.S. citizen), physical presence, continuous residence, good moral character, civics/English (waivers possible).
Child Citizenship Act of 2000
Automatic acquisition of citizenship for qualifying children residing with U.S. citizen parent under 18.
Derivation & Acquisition Through Parents/Grandparents
Complex rules—review parentage, marital history, custody, and historical statutes.
Consular Report of Birth Abroad
CRBA and U.S. passport issuance for qualifying children born abroad to U.S. citizen parents.
FEDERAL DISTRICT COURT LITIGATION
Writ of Mandamus
Compels agency action on long-delayed adjudications when there’s an unlawful withholding/unreasonable delay.
Naturalization Delay Lawsuits (8 USC 1447(b))
Ask a district court to decide the N-400 (or remand with instructions) when USCIS fails to act timely post-interview.
REMOVAL / DEPORTATION DEFENCE
Asylum
Protection from return to persecution on account of protected grounds; one-year filing rule with exceptions.
Withholding of Removal
Higher standard than asylum; no path to LPR but prevents removal to persecuting country.
Protection under the Convention Against Torture (CAT)
Prevents removal if more likely than not to be tortured by/with acquiescence of public officials.
Cancellation of Removal
Relief for certain LPRs/non-LPRs meeting strict residence, hardship, and discretion criteria.
Adjustment of Status (in Court)
Apply for AOS before an IJ when otherwise eligible and visa is available.
Expedited Removal
Summary removal at ports/near border; fear claims trigger credible fear screening.
Waivers of Removal Under INA § 237(a)(1)(H)
Forgives certain fraud/misrepresentation grounds for qualifying family-based cases at IJ discretion.
Voluntary Departure
Leave at own expense in lieu of removal; avoids removal order but has strict deadlines.
Prosecutorial Discretion
Requests to DHS/OPLA for administrative closure, dismissal, or forbearance based on equities/priorities.
ASSYLUM
Affirmative Asylum with USCIS
Filed with USCIS while not in removal proceedings; interview at asylum office; if not granted, may be referred to court.
Defensive Asylum in Immigration Court
Applications made as a defense to removal before an IJ; testimony, evidence, and expert opinions carry significant weight.
OTHER IMMIGRATION MATTERS
DACA & EAD Renewals
Maintain protection/work authorization; renew early and track evolving litigation and policy updates.
VAWA Self-Petitioners
Self-petition for abused spouses/children/parents of U.S. citizens/LPRs; confidentiality protections apply.
Special Immigrant Juvenile Status (SIJS)
For minors with state court findings of abuse/neglect/abandonment and best-interest determination.
U Visas
For certain crime victims who suffered substantial harm and cooperated with law enforcement; long waitlists, bona fide determinations possible.
T Visas
For trafficking victims; include work authorization and derivative eligibility for family members.
Marijuana and Immigration
State legality ≠ federal legality; admissions or employment in cannabis can create inadmissibility issues.
Temporary Protected Status (TPS)
For nationals of designated countries; work authorization and protection from removal during designation.