Starting a new life in the United States can be difficult and come with many emotions and feelings during your immigration proceedings. Knowing your case will allow us to advise you on various issues in the best possible way. With our team of lawyers you will be able to find answers to all your questions about the process you are about to start and we will be able to guide you on this path.
Let us take this path with you.
Dan Ortiz Law Offices always defending the immigrant!
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If you have been a resident of the United States for 5 years or more, you can apply for and obtain citizenship by naturalization. To do so, you will need to fill out the N-400 form and meet several requirements established in the immigration laws. We will guide you.
Obtaining a "Green Card" is the dream of most immigrants who come to the United States. This may be a unique opportunity, that is why it is essential that you have the right assessment. By submitting your application, you allow the authorities to review everything from the most basic to the most complex. There are different ways to become a permanent resident, the most usual are: by family petition, asylum or refugee, through employment, investment or business, among others. If you consider that you are eligible for your green card or residency card, contact us.
Through a relative, who is a U.S. citizen, it is possible to legally immigrate to the United States. The process begins with an I-130 relative petition (Petition for Alien Relative) which must be filed with the U.S. Citizenship and Immigration Services (USCIS).
U.S. citizens by birth or naturalization may petition for:
- Children (unmarried and under 21 years of age)
- Sons and daughters (married and/or 21 years of age or older)
- Parents, if 21 years of age or older
- Siblings, if they are 21 years of age or older
Permanent residents of the United States may apply for:
- Unmarried child under 21 years of age
- Unmarried child of any age
The requirements to apply for DACA are as follows:
- Have been under 31 years of age as of June 15, 2012;
- Have arrived in the United States before the age of 16;
- Have continuous residence in the United States from June 15, 2007, to the present.
- Have been physically present in the United States on June 15, 2012 and at the time of filing the DACA petition with USCIS.
- Not have had legal status on June 15, 2012, which means that:
- You never had legal immigration status on or before June 15, 2012, or.
- Any legal immigration status or temporary stay permission you obtained before June 15, 2012 had expired as of June 15, 2012.
- Be a student, have graduated or obtained a certificate of completion from high school, have obtained a General Education Development (GED) Certificate, or be an honorably discharged veteran of the Coast Guard or U.S. Armed Forces.
- Not have been convicted of a felony, significant misdemeanor, or three or more misdemeanors, and not in any way pose a threat to national security or public safety.
This is a temporary benefit, granted to people who are already in the United States. This benefit will allow you to live and work in the country on a temporary basis. It is intended for some countries facing dangerous situations, natural disasters, or dictatorial governments.
Currently the countries that have this benefit are El Salvador, Haiti, Honduras, Nicaragua, Venezuela, among others. This information varies, as the government may or may not renew it.
The right of asylum applies to persons who have been persecuted by their own country or fear persecution for reasons of race, religion, nationality, political opinion, or membership in a particular social group. The United States protects citizens of other countries under these conditions, opening the possibility of applying for asylum and protecting themselves in the country, without having to return to their country of origin.
To enter the United States, either temporarily or permanently without being a citizen, you must have a VISA and even if you are not required to have a VISA to visit the country, you will need some type of process to allow or authorize your entry. If you enter without a visa, you could be detained in an immigration detention center and in most cases, you could be deported to your country of origin. This could also result in a penalty of several years without being able to return to the United States.
- Tourist VISA
There are several visas that can be obtained before entering the country, among them the Tourist VISA (B-2), which allows you to visit the country for recreational purposes, attend short courses, or undergo medical treatment.
- F-1 VISA
If one of your goals is to study in the United States, the F-1 VISA is a non-immigrant VISA that will allow you to achieve it, and for this, you must apply after being accepted by the educational institution.
To enter the country as an academic student you must meet the following requirements:
- Enroll in an academic educational program or a language training program that leads to a degree, diploma or certificate.
- Your school must be approved by the ICE Student and Exchange Visitor Program.
- Be enrolled as a full-time student at the institution.
- Be proficient in English or enrolled in English language courses.
- Have enough available funds to pay for your expenses during the time you study.
- Maintain a residence abroad.
- E-2 VISA
We also process the Investor VISA (E-2), for employees and employers making an investment in the United States.
The E-2 VISA is a type of non-immigrant VISA (temporary VISA) for investors and specialized employees of investors in the United States. Its validity is subject to the trade or navigation agreements that exist with the country, it can be renewed only if the investment continues to meet all the requirements established by law. You can apply for this visa if you are already in the United States, we specialize in this type of VISA and we will advise you on everything.
- U VISA
If you have been a victim of certain crimes, you can apply for a U visa: Domestic Violence, Kidnapping, Rape or similar situation, Extortion, Criminal Assault, Slavery or involuntary labor, Obstruction of justice, Murder, Torture, Human trafficking and similar crimes.
Note: A VISA is different from a passport. A VISA is a stamp that will be placed in your passport that will allow you to enter, leave or remain in the United States for a specific period of time.
This visa will allow a U.S. employer to bring an executive, manager or position of similar rank from a foreign office or subsidiary of the employer to the United States. You may also bring your family and apply for the appropriate visa.
If you are in a deportation process before an Immigration Court, this is the time for us to help you. Do not stop fighting, because once you are out of the country it is much more complex to be able to re-enter again. Before deportation, there are several legal mechanisms that allow you to prevent and delay your deportation. We will advise you at any stage of the procedure, we will prepare the legal defense that best suits your case and we will do everything possible so you don't have to return to your country and can make the process in the United States.
If you don't have documents we could also avoid your deportation, but don't wait to be in this situation, always get advice as soon as you know that you could be at risk, that you are in violation of your VISA period or if you entered illegally to avoid any problem with justice, follow the laws and seek legal help as soon as possible.
Voluntary departure from the United States, at your own expense, will avoid many penalties imposed by the immigration laws in our country. However, there are several legal procedures that can be corrected without you having to leave the country and others that inevitably require your departure in order for you to re-enter legally and file your paperwork. Leaving the United States voluntarily is not an easy decision. Contact us, with our experience you will be able to make the best decision and we will continue your process until you achieve your goal.
We believe that everyone has the right to a quality defense. And even more so when they are crimes and misdemeanors that could jeopardize your immigration status, whose sentences include jail time.
Traffic offenses: If you have received fines or tickets for different reasons: improper or reckless driving, speeding, driving without a license, hit and run, minor offenses, driving under the influence of drugs, alcohol, illicit substances, disrespecting traffic signs, among others. We can assess you.
And if in addition to these offenses, you have an irregular immigration status, we have the knowledge to advise you completely.
We can also help you with minor offenses, domestic violence cases, drug possession, marijuana, possession of false documents, drug-related crimes, aggravated assault and plagiarism.
In most cases, family law and immigration go hand in hand, because we do not always emigrate individually, we think about eventually bringing our family and having a law firm that knows your case will make all these procedures much easier.
Divorce: When a couple decides to end their union, it is necessary to make a series of decisions, among them we find divorce. A series of issues will be reviewed such as the distribution of assets, custody of the children in their care (if any), alimony, and many other issues for which you will need our advice.
It is very important to keep in mind that citizens of other countries will not be treated differently than U.S. citizens in divorce matters. There are legal mechanisms that will protect you in case of divorce in case of domestic violence and depending on the U.S. citizen who assaults you, there are legal mechanisms that will protect you, such as VAWA, which will allow you to continue your immigration process and get your green card without having to continue married to the person who assaults you.
Many immigration procedures can be affected by a divorce, so we recommend that you consult with us, as doing it too late can affect your process or situation. Also, always remember that your safety comes first, many times divorce becomes the only way out to ensure the welfare of a person and the children in their care.