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.

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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.

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Have you or your family member committed any violation of immigration laws? Don’t be discouraged. Immigration law forgives some of the immigration violations or “inadmissibilities.”

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

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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.

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

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The fiancé visa is available to fiancés of U.S. citizens who are living outside of the United States and intend to get married in the US. The couple needs to get married within 90 days of the immigrant’s arrival to the US. If the marriage does not occur within those 90 days, the immigrant has to depart the United States.

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. This is even more important if the person has a criminal record.

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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.

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

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.

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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.

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). 

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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”.

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Have you or your family member been a victim of domestic violence? Is the abuser a US citizen or permanent resident?

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

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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.”

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).

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.

Do you have U.S. Citizen parents or grandparents? You might be one as well.

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.

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

Lost your card? Is it about to expire? Do not wait any longer to request a new one. Failure to do so could cause you big problems. We can help you with this.

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 include contact police or a change in marital status.

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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.