Family Petitions

Immigration law allows US citizens and Permanent Residents to petition certain family members to immigrate to the United States. Immediate relatives of US citizens receive better benefits and less wait time.

US citizens can petition:

  • Spouse [immediate relative]
  • Parents [immediate relative]
  • Unmarried children under 21 years of age [immediate relatives]
  • Married children or children over 21 years of age [preference category]
  • Siblings [preference category]
  • Fiancé(e) [special visa}

 

Permanent Residents can petition:

  • Spouse [preference category]
  • Unmarried children under 21 years of age [preference category]

Once a family petition has been approved, the next step is to apply to obtain your residency or “green card”. Some people can apply for their residency in the United States through a process called Adjustment of Status. Unfortunately, most people have to apply for their residency outside of the United States through the Consular Process.

Adjustment of Status

  • Some family members who are in the United States and entered with permission through some type of visa or parole, can apply for permanent residence within the United States.
  • Other family members who have a family petition filed on or before April 30, 2001 may qualify even if they did not enter with a visa or parole.
  • Very few people qualify.

 

Consular process

  • Relatives residing outside of the United States, as well as some relatives in the United States, have to apply for their residency through the United States embassy or consular office in their country.
  • On many occasions the family member may need to request a waiver. If the family member is in the United States, sometimes the waiver could be approved before the person leaves the country. Allowing them to return to the United States faster.

 

Don’t risk your and your family’s future. This is a complicated process. Do not leave the country without first consulting an experienced attorney.

We can help you.

Have you or your family member committed any violation of immigration laws?

Did you enter without a visa or parole?

Did you enter with permission, but did you extend your stay?

Do you have a criminal record?

 

These are just some of the reasons why you or your relative may be denied residency. Don’t be discouraged. Immigration law forgives some of the immigration violations or “inadmissibilities.”

Some examples of the requests for forgiveness for violations or inadmissibilities available:

Waiver Categories

  • Provisional Waiver Request for Unlawful Presence in the United States.
  • Waiver Request for other reasons such as: criminal history; fraud & misrepresentation; previous unlawful presence in the United States; having unlawfully helped or brought others to the United States; among others.
  • Application for permission to reapply for admission / entry into the United States.


Waiver applications are a complex and difficult process. Don’t risk your and your family’s future.

Consult with an experienced attorney. We can help you.

If you obtained your residence through your marriage to a US citizen or permanent resident when you were married for less than 2 years, your permanent residence status is conditional.

To remove these conditions, except for some exceptions , both spouses must submit the removal request during the 90-day period immediately before the conditional residence card expires. There are similar requirements for dependent children that will vary depending on the specific facts of each case.

Failure to file the removal of conditions application on time will only be excused if you can demonstrate extraordinary circumstances.

Don’t risk your family’s future. Consult with an experienced attorney. We can help you.

For U.S. citizens wishing to bring a foreign national fiancé(e) living abroad to the United States to marry.

If you plan to marry a foreign national outside the United States or your fiancé(e) is already residing legally in the United States, you don’t have to file for a fiancé(e) visa.

Family Petitions

Immigration law allows US citizens and Permanent Residents to petition certain family members to immigrate to the United States. Immediate relatives of US citizens receive better benefits and less wait time.

US citizens can petition:

  • Spouse [immediate relative]
  • Parents [immediate relative]
  • Unmarried children under 21 years of age [immediate relatives]
  • Married children or children over 21 years of age [preference category]
  • Siblings [preference category]
  • Fiancé(e) [special visa}

Once a family petition has been approved, the next step is to apply to obtain your residency or “green card”. Some people can apply for their residency in the United States through a process called Adjustment of Status. Unfortunately, most people have to apply for their residency outside of the United States through the Consular Process.

Adjustment of Status

  • Some family members who are in the United States and entered with permission through some type of visa or parole, can apply for permanent residence within the United States.
  • Other family members who have a family petition filed on or before April 30, 2001 may qualify even if they did not enter with a visa or parole.
  • Very few people qualify.

Consular process

  • Relatives residing outside of the United States, as well as some relatives in the United States, have to apply for their residency through the United States embassy or consular office in their country.
  • On many occasions the family member may need to request a waiver. If the family member is in the United States, sometimes the waiver could be approved before the person leaves the country. Allowing them to return to the United States faster.

Don’t risk your and your family’s future. This is a complicated process. Do not leave the country without first consulting an experienced attorney.

We can help you.

Have you or your family member committed any violation of immigration laws?

Did you enter without a visa or parole?

Did you enter with permission, but did you extend your stay?

Do you have a criminal record?


These are just some of the reasons why you or your relative may be denied residency. Don’t be discouraged. Immigration law forgives some of the immigration violations or “inadmissibilities.”

Some examples of the requests for forgiveness for violations or inadmissibilities available:

Waiver Categories

  • Provisional Waiver Request for Unlawful Presence in the United States.
  • Waiver Request for other reasons such as: criminal history; fraud & misrepresentation; previous unlawful presence in the United States; having unlawfully helped or brought others to the United States; among others.
  • Application for permission to reapply for admission / entry into the United States.


Waiver applications are a complex and difficult process. Don’t risk your and your family’s future.

Consult with an experienced attorney. We can help you.

If you obtained your residence through your marriage to a US citizen or permanent resident when you were married for less than 2 years, your permanent residence status is conditional.

To remove these conditions, except for some exceptions , both spouses must submit the removal request during the 90-day period immediately before the conditional residence card expires. There are similar requirements for dependent children that will vary depending on the specific facts of each case.

Failure to file the removal of conditions application on time will only be excused if you can demonstrate extraordinary circumstances.

Don’t risk your family’s future. Consult with an experienced attorney. We can help you.

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Applying for status based on a relative involves several steps. The U.S. citizen or lawful permanent resident petitions for their family member by filing an I-130 Petition for Alien Relative using U.S. Citizenship and Immigration Services. U.S. citizens may file for their spouse, kids, parents, and grandparents, while legal permanent residents may register for their spouse and unmarried children.

Upon consent of this I-130 request, the family member will subsequently file for permanent resident status either from inside the U.S. or in a consular post abroad, depending on their own circumstances. In certain categories, the family member can file for permanent resident status simultaneously with the I-130 petition.

immigration court cases

Not all people detained by immigration agents qualify to apply and be released on bond.

​It is extremely important that you be represented by an attorney when requesting bond. Everything that is said and happens during the bond hearing can have a direct effect on your removal case. Admissions or evidence presented at the bond hearing could be very damaging in your removal / deportation case. This is even more important if the person has a criminal record.

Don’t risk it. Seek advice and representation from an experienced immigration attorney.

Bond Amount

By law, the minimum amount that an immigration judge can set bail is $1,500. Unfortunately there is no maximum amount. Today, the amount set by immigration judges tends to be much higher.

Call us for a consultation at 210-640-9788.

We can help.

 

When a person is detained by an immigration officer and expresses fear to return to their country, they can be referred for a credible fear interview. The purpose of the interview is to determine if the person meets the minimum requirements to apply for asylum or withholding of removal from the United States.

Questions asked?

  • Individual’s personal information

  • Reasons why you fear returning to your country

  • Who are you running from or afraid of

  • Other issues specific to your case

Once the interview is over, the officer will decide if the person’s facts are credible and if they showed that they really are afraid of being persecuted or tortured in their country of origin. If the officer concludes that they established a credible or reasonable fear of persecution, they may apply for asylum, either while in detention or after being released on bond. If the person was not credible or could not establish that they have actually suffered persecution, they will be expelled or removed from the United States.

​It is very important that the person be advised prior to the interview by an experienced immigration attorney.

​We can help you. We guide you on the requirements you must meet, the basic questions they will ask you and the best way to answer the questions.

Call us at 210-640-9788. Your future may be at stake.

 

Negative Credible Fear Interviews

Don’t be discouraged. If, at the end of your interview, the officer concludes that the person was not credible or could not establish that they have actually been persecuted, they will have a second opportunity to request a review of this decision in a hearing before an immigration judge.

​The judge will review the decision of the officer who conducted interviewed and determine if the decision was correct based on the facts. Unless there are compelling reasons that the officer was wrong to make his decision, the judge is unlikely to reverse the decision already made. The judge’s final decision cannot be appealed. Whether or not the person will be expelled or removed from the United States will depend on this.

​To maximize the chances of success, it is important that the person is advised and represented by an experienced attorney.

Call us at 210-640-9788. Our office can help you.

Under the law of the United States, anyone who establishes that they have a real fear of returning to their country may apply for asylum.

Requirements:

  • Feel real fear due to having suffered:

    • Physical damage

    • Threats

    • Arrests

    • Past Persecution

  • Persecutor is:

    • The Government itself

    • Private actor or entity that the Government is not interested in controlling or is unable to control

  • Persecution is because of

    • Race

    • Religion

    • Nationality

    • Political opinion

    • Membership in a particular social group

  • Relocation

    • It is not safe or reasonable to relocate within the state or country

Advantages:

  • The person who wins their case has the right to legally stay and work in the United States.

  • One year after you have won asylum, you can apply to become a permanent resident.

Disadvantages:

  • The asylum application must be submitted within one (1) year of your entry into the United States. This deadline may be extended due to extraordinary circumstances.

  • People who win the case and travel to their home country may be denied reentry into the United States.

There are two ways to apply for asylum:

  • Affirmative process of asylum before USCIS

A person who is not in court may file their asylum application with the immigration agency. The person must be physically present in the United States.

​In order to gain asylum, the person must provide evidence to demonstrate that they have been persecuted in the past or that they are at risk of being persecuted if they are forced to return to their country of origin. After submitting your asylum application, you will have an interview with an asylum officer.

​If you win your asylum case, you have the right to legally stay and work in the United States. One year after winning your asylum case, you can apply for permanent residence.

​The officer’s final decisions are not appealable. If the officer denies the asylum case, they will refer you to an immigration judge, thus initiating the removal / deportation process. The person will have a second chance to present their asylum case to the judge.

  • Defensive process before the Immigration Court

​Defensive asylum occurs when a person is in immigration court and requests asylum as a defense against the expulsion / removal process. The asylum application will be heard by an immigration judge who will evaluate the case independently. In order to gain asylum, the person must provide evidence to demonstrate that they have been persecuted in the past or is at risk of being persecuted if forced to return to their country of origin.

​If you win your asylum case, you have the right to legally stay and work in the United States. One year after winning your asylum case, you can apply for permanent residence.

​If you are denied asylum, the judge will issue an expulsion / removal order. Before deportation, the person will have an opportunity to appeal the judge’s negative decision to the Board of Immigration Appeals (BIA).

​The immigration system in the United States is very complex and poses serious challenges for asylum seekers. If you are considering applying for asylum, it is essential to contact an experienced immigration attorney to guide you through the process. This could be the difference between staying in the United States or being deported.

We can help you. Call us at 210-640-9788. Your or your family’s future may be at stake.

Alternatives to asylum:

Withholding of Removal & Convention Against Torture

Withholding of Removal:

If more than a year since the last entry to the United States has passed, the person may apply for Withholding of Removal, using the same asylum application. This is a very similar remedy to asylum.

Requirements:
  • Feel real fear due to having suffered:

    • physical damage

    • threats

    • arrests

    • past persecution

  • Persecutor is:

    • The Government itself

    • Private actor or entity that the Government is not interested in controlling or is unable to control

  • Persecution is because of

    • Race

    • Religion

    • Nationality

    • Political opinion

    • Membership in a particular social group

  • Relocation

    • It is not safe or reasonable to relocate within the state or country

Advantage:

  • There is no deadline to file the application

  • The person who wins the case has the right to legally stay and work in the United States.

  • Even people who have committed certain crimes or who have been previously deported can apply

Disadvantage:

  • It is more difficult to win than asylum: it requires a higher standard.

  • Despite the person winning the case, the person will not be able to apply for permanent residence.

  • Even if the person wins the case, if they leave the United States, they will most likely be denied reentry.

Convention Against Torture (CAT)

To qualify for this remedy, the person must demonstrate that if forced to return to their country of origin, it is more likely than not that they will be tortured by, at the request of, or with the consent of the government or another person acting in an official capacity.

​It is applied for CAT using the same asylum application, the difference is that there is no deadline to submit the application.

Requirements:

  • Demonstrate probability of torture

  • The torturer must be:

    • The Government itself or some agent of the Government

    • Private person or entity that the Government supports

    • Public officer

    • Someone acting as if an official (“under color of law”)

To qualify for CAT, the person is not required to demonstrate that torture is by reason of race, religion, nationality, political opinion, or membership in a particular social group. Unlike asylum, past torture is not enough to win a CAT case. It must be shown that the person is more likely than not to suffer torture in the future.

​If the immigration judge determines that the person meets all the required elements and that if he is returned to his country of origin he is in danger of being tortured, the judge is obliged to grant the remedy and cannot deport him.

Advantage:

  • There is no deadline to file the application

  • The person who wins the case has the right to legally stay and work in the United States.

  • Even people who have committed serious crimes or who have been previously deported can apply.

Disadvantage:

  • It is very difficult to win.

  • Despite the person winning the case, the person will not be able to apply for permanent residence.

  • Even if the person wins the case, if he leaves the United States, he will most likely be denied reentry.

Asylum, withholding of removal and exemption from removal under the Convention against Torture (CAT) are very complex remedies. It is essential that you have the advice and representation of an immigration attorney to guide you through the process. Having an experienced attorney can significantly increase the chances that the judge will grant your application. This could be the difference between staying in the United States or being deported.

We can help you. Call us at 210-640-9788.

Your or your family’s future may be at stake.

Cancellation of Removal for Non-permanent residents

A person without legal status in the United States who is in removal proceedings may apply for cancellation of removal if they meet certain requirements.

Requirements:

  • Have been physically present in the United States continuously for at least 10 years

  • Has had good moral character for 10 years

  • Have not been convicted of certain crimes

  • Deporting the person would cause exceptional and extremely unusual hardships for their US citizen spouse, child or parent or permanent resident spouse or child.

The final decision to grant the cancellation of deportation issued by the judge will be based not only on the law. The judge has absolute freedom to use his discretion to determine whether or not the person has good moral character and whether he met the requirement of exceptional and extremely unusual hardship.

​All available evidence must be presented to demonstrate that the person is a respectful, decent, hard-working person and someone who deserves to remain in the United States. The person who wins their removal cancellation case becomes a Permanent Resident.

​It is essential that you have the advice and representation of an immigration attorney to guide you through the process. Having an experienced attorney can significantly increase the chances that the judge will grant your application. This could be the difference between staying in the United States and becoming a permanent resident or being deported.

We can help you.

Call us for a consultation at 210-640-9788.

Your or your family’s future may be at stake.

Cancellation of Removal for Permanent Residents:

Only U.S. citizens cannot be deported from the United States. This is why a permanent resident who meets the requirements to become an American citizen should not wait any longer.

​A permanent resident could end up in deportation processes for different reasons, such as the commission of certain types of crimes. If this at risk of deportation, the person could apply for cancellation of removal if he meets certain requirements.

Requirements:

  • Have been a permanent resident for at least 5 years before submitting the application

  • Have continuously resided in the United States for at least 7 years after being admitted (special rules apply)

  • Not have been convicted of an aggravated felony

  • Have not received cancellation of removal in the past

  • Have good moral character

  • Among others

It is essential that you have the advice and representation of an immigration attorney to guide you through the process. Having an experienced attorney can significantly increase the chances that the judge will grant your application. This could be the difference between staying in the United States or being deported.

We can help you.

Call us at 210-640-9788.

Your or your family’s future may be at stake

If the immigration judge denies the application filed in court, the person may reserve the right to appeal to the Board of Immigration Appeals (BIA). The appeal must be submitted in writing within 30 calendar days of the judge’s decision.

​The Board will review your entire record and the transcript of your hearing before the immigration judge to determine if the judge made a mistake. Unlike the case before the judge, the person does not have to appear before the Board.

​In addition to the appeal application, a legal brief must be submitted to the Board detailing each of the errors made by the Judge and explaining why his decision was contrary to the law and / or decisions of higher courts, among others. This is highly technical. Having an experienced attorney can significantly increase your chances of prevailing on your appeal.

​Advantages: While the appeal case is pending before the Board, the person cannot be deported. A final decision of the Board can take a long time. Sometimes it could take more than 1 year. During this time, the person could be able to apply for an employment permit.

If you are interested in appealing your case,

Call us for a consultation at 210-640-9788.

immigration court cases

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DeLaTorre Law will work diligently to ensure that your rights are protected, and struggle to keep you from being deported. DeLaTorre Law will inspect the individual details of your situation, provide you with the guidance and advice needed to make an educated decision on what kind of relief from removal to peruse, prepare a well thought out and sophisticated case, and harshly and effectively argue your case in Immigration Court. 

Rest assured, that DeLaTorre Law will do whatever he can to keep you from being deported from the USA.

Special Visas

Have you or your family member been the victim of

a crime in the United States ?

If yes, you or your family member may be eligible for the U visa. After living in the United States for 3 years on the U visa, you could become permanent residents and obtain their “green card”.

Requirements to apply

  • You or your family member were the victims of a particular crime within the United States or some particular crime that violates the laws of this country.

  • Have suffered physical or emotional damage as a consequence of the crime.

  • Have relevant information about the crime.

  • Cooperate with the police in the investigation of the crime or in the judicial process against the person who committed the criminal act.

U Visa Benefits

  • You can get permission to work in the United States.

  • You can legally live in the United States for four years.

  • After three years of having a U visa, you can apply to adjust your status and become a permanent resident.

  • Derivative benefits for qualifying family members.

  • Provides the most flexible waiver of all visas, if necessary due to violations of immigration law.

Visas U application is a complex and difficult process. Consult with an experienced attorney. We can help you.

We can help you and your call is completely CONFIDENTIAL.

Call us at 210-640-9788.

Have you or your family member been a victim of domestic violence?

Is the abuser a US citizen or permanent resident?

Do they insult you or do they swear at you? Are they constantly criticizing you?

Have you been alienated from your friends and family?

If yes, you or your family member may be eligible to become a permanent resident and get your “green card”. Who Qualifies?

Abuser is:

Citizen

Victim is:

  • Abused spouse

  • Child (biological, adopted, or stepchildren)

  • Parent

  • Derivative family member

Abuser is:

Permanent resident

Victim is:

  • Abused spouse

  • Child (biological, adopted, or stepchildren)

  • Derivative family member

There are additional requirements to obtain your residence through this VAWA visa. For more information, please contact our office.

​Your call is completely CONFIDENTIAL. We can help you

Call us at 210-640-9788.

Are you a minor and living in the United States ?

Have you been abused, abandoned, or ignored by one or both parents?

If your answer is yes to both questions, you may qualify to apply for the Youth Visa. This is a way for underage children and youth to obtain status that leads to permanent residence, or “green card.”

Requirements to apply:

  1. Be under 21 years of age.

  2. Be unmarried.

  3. Obtain an order by state court declaring the minor a dependent of the court

  4. Reunification with one or both parents is not possible due to abuse, neglect or neglect.

  5. It is not in the best interest of the minor to return to their country of origin

The process begins in state family court. A judge shall issue an order stating, among others, that the child has been abused, abandoned or neglected by one or both parents and is currently enrolled in a school.

​The process is complicated and requires the assistance of an experienced attorney. Our office has extensive experience with these processes.

Call us at 210-640-9788.

The Cuban Adjustment Act allows Cuban natives or citizens, or certain relatives of Cubans living, in the United States, and who meet certain eligibility requirements, to apply to become legal permanent residents (obtain a Green Card).

Eligibility requirements:

  • Be a native or citizen of Cuba.

  • Have been inspected and admitted or paroled.

  • Have been physically present in the United States for at least 1 year.

  • Be physically present in the United States at the time of applying for residency

  • Not have committed an immigration violation or be eligible for an exemption / waiver

For more information, please contact our office.

Call us at 210-640-9788.

We can help you.

Special Visas

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If you are trying to temporarily enter the United States (such as meetings, a job, a technical job, or a coaching, for instance ) an immigration lawyer can help you identify and apply to the right temporary work visa to your distinctive circumstance.It is advisable to use a lawyer whenever you are applying for a visa.

Navigating complex USCIS needs can be a significant challenge. Utilize an immigration lawyer that can provide you advice on your own specific temporary work visa needs, and you can be sure that the process will run smoothly.

naturalization & citizenship

Did you know you could lose your permanent resident status? Don’t wait any longer than necessary to apply for your naturalization. Once you are a U.S. Citizen, it is nearly impossible to have it taken away.

Basic Requirements
  • Have been a permanent resident for at least 5 years, or 3 years if your spouse is a U.S. Citizen.

  • Have resided in the United States for at least 5 year, o 3 if applicable.

  • Have been physically present in the United States for most of the last 5 years, or 3 if applicable

  • Caution: there are other requirements that require a careful analysis of each case. Seek an experienced attorney. Don’t risk it; your application could be denied and it could your permanent residence at risk.

Do you have U.S. Citizen parents or grandparents?

You might be one as well.

The most common way to automatically obtain U.S. citizenship is by having been born in the United States, Puerto Rico, Guam or U.S. Virgin Islands.

But, there are also two ways in which the children of U.S. citizens could obtain the citizenship through their parents: (1) Acquisition of Citizenship; y (2) Derivation of Ciudadanía.

Acquisition of Citizenship

  • Have at least one U.S. citizen parent at the moment of birth 

  • Your U.S. citizen parent lived in the United States for a specified amount of time, based on your date of birth and if you were born in or out of wedlock.

Derivación de Ciudadanía

  • Have obtained permanent resident status before your 18th birthday. 

  • At least one parent had or obtained U.S. citizenship before your eighteenth birth, or both parents depending on your date of birth. 

  • Have resided in the custody of your U.S. citizen parent.

These are very complicated processes that require the assistance of an experienced attorney.

Call us for a consult at 210-640-9788.

naturalization & citizenship

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At DeLaTorre Law, our citizenship attorney can explain the process of naturalization, answer your questions, and address your concerns. We can guarantee your program is handled professionally and will give you the advice required to make it through the naturalization process. 

Since we concentrate exclusively on immigration legislation , we’re well-versed in what’s required, the process involved, and the way to present your situation.

Renewals

Also known as “job authorization,” “employment authorization document,” or”EAD,” a work license may usually only be granted while the applicant has a pending application for another type of relief or benefit, for example asylum, adjustment of status, VAWA, etc..

If you are interested in working lawfully in the USA, we can help. It may be possible that you ask an immigration work permit while you await the United States Citizenship and Immigration Service (USCIS) to process your paperwork or program. Rather than place your immigration status in danger, it’s always best to get this record before you start working.

After you become a legal permanent residentgreen or green card holder, you’ll have to renew your green card every ten decades. If you are a permanent resident and your green card is set to expire within six weeks or not, now is the time to renew. Letting your green card expire can cause huge problems. Your ability to function, traveling outside the USA, and attend school can all be affected.
To renew your Deferred Action for Childhood Arrivals (DACA), then you have to submit a form and pay a fee. This practice is really straightforward. However, if anything important has changed since you originally received DACA, you want to upgrade Immigration and provide proof. Examples includecontact police or a change in marital status.

Renewals

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Renewals can take as long as six weeks or even longer, therefore if your Green Card is presently expired or you anticipate it to expire within six weeks, it is critical that you seek legal help immediately. You may require a strong case backed by proof to explain the lapse in your Green Card renewal. DeLaTorre Law  can work together with you to arrange your motives for missing crucial deadlines through renewal.