With decades of experience in immigration law, Harary Law has seen it all. From filling out forms to representing clients in front of immigration courts, we are committed to identifying and implementing the most effective strategies to achieve our clients’ goals. Our lawyers provide comprehensive legal services for cases of all sizes and complexities, and we are confident that we can find the best path forward for your specific case.
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As a U.S. citizen or lawful permanent resident (LPR), you may need assistance with submitting the I-130 Petition for Alien Relative to establish your relationship with an eligible relative (beneficiary).
Form I-485 allows people who qualify for a green card and who are already in the U.S. with a valid nonimmigrant visa to apply for permanent residence or change their status. They can do this without leaving the country and become lawful permanent residents by filing Form I-485 and getting a green card.
If you want to travel outside the United States while your immigration application is pending or approved, you need to apply for a travel document with Form I-131. This form allows you to get a reentry permit, a refugee travel document, or an advance parole document, depending on your immigration status. These documents show that you have authorization to come back to the United States after your trip.
Form I-864 is a document that shows a U.S. citizen or permanent resident's commitment to financially support an immigrant who applies for a green card. The sponsor must prove that they can cover the living expenses of the immigrant if they cannot afford them and become dependent on public benefits. The sponsor must demonstrate that they have enough income or assets to meet the poverty guidelines for their household size and the number of immigrants they are sponsoring. The sponsor must also provide proof of their U.S. citizenship, national status, or lawful permanent resident status, as well as their tax returns and other financial documents. Form I-864 is mandatory for most family-based and some employment-based immigration petitions.
Form I-360 is a petition for certain foreign nationals who qualify for special immigration benefits. Some of the categories are:
- Amerasians: Born in Asia between 1950 and 1982, with a U.S. citizen father.
- Widow(er)s of U.S. citizens: Married to a deceased U.S. citizen and not remarried.
- Special Immigrant Juveniles: Children who have
been abused, neglected, or abandoned by a parent and who are under the protection of a juvenile court or a state agency or individual.
- Special Immigrant Religious Workers: Working in a religious occupation or vocation for at least two years and having a job offer from a U.S. religious organization to continue the same work.
- Other special immigrants
These foreign nationals can file Form I-360 to request to be classified as special immigrants and become eligible for a green card. They may also be able to
file Form I-485 concurrently with Form I-360 or after
it is approved, depending on their category and visa availability.
An I-601 waiver is an application that you can submit
to request an exemption from certain reasons of ineligibility that would otherwise bar you from getting a visa, green card, or other immigration benefit in the United States. Some of the common reasons of ineligibility that can be exempted with an I-601 waiver are:
• Health-related reasons, such as having an infectious disease, a physical or mental disorder, or a history of drug abuse or addiction.
• Criminal reasons, such as having a conviction for a crime involving moral turpitude, a controlled substance violation, multiple criminal convictions, or prostitution.
• Immigration fraud or misrepresentation, such as lying or using false documents to get an immigration benefit.
• Unlawful presence, such as staying in the United States longer than authorized or entering the United States without inspection.
To qualify for an I-601 waiver, you must demonstrate that you have a qualifying relative who is a U.S. citizen or a lawful permanent resident and who would face extreme hardship if you are not admitted to the United States. A qualifying relative can be your spouse, parent, or child. Extreme hardship can be based on factors such as family separation, financial loss, medical needs, emotional distress, or country conditions.
You can file an I-601 waiver with U.S. Citizenship and Immigration Services (USCIS) either by mail or online, depending on your situation. You must also pay a filing fee and provide evidence to support your claim of extreme hardship and your eligibility for the waiver. USCIS will review your application and inform you and the consular officer of the decision. If your waiver is approved, you can continue with your visa or green card application. If your waiver is denied, you can appeal the decision or file a new application with more evidence.
A provisional unlawful presence waiver, also known as Form I-601A, is a way for certain relatives of U.S. citizens or lawful permanent residents to avoid the multi-year bars for unlawful presence that would otherwise apply if they leave the U.S. and seek a visa or a green card. The form allows them to request a waiver of these bars before they depart the U.S. for their immigrant visa interview at a U.S. consulate or embassy abroad. The basis for the waiver is demonstrating that their U.S. citizen or lawful permanent resident spouse or parent would face extreme hardship if they are not allowed to return to the U.S.
The benefit of applying for the provisional waiver in advance is that it reduces the time they have to spend outside the U.S. and eliminates the risk and anxiety of waiting for a waiver decision after they leave. If the waiver is granted, they can continue with their visa or green card application. If the waiver is rejected, they can challenge the decision or submit a new application with more evidence.
Form I-765 is a request for employment authorization that enables certain foreign nationals who are present in the United States to seek a work permit, also called an Employment Authorization Document (EAD). A work permit allows you to work legally in the United States for a specific time period. You may have to request a work permit if you are allowed to work in the United States due to your immigration status or situation, such as being an asylum seeker, a refugee, a student, a spouse of a nonimmigrant, or a U visa recipient.
You may also have to request a work permit if you wish to modify or extend your nonimmigrant status and you are eligible for employment authorization. To request a work permit, you must submit Form I-765 to U.S. Citizenship and Immigration Services (USCIS) and pay a filing fee, unless you are exempt from paying it. You must also provide proof of your identity, your immigration status, and your eligibility for employment authorization. USCIS will evaluate your request and notify you of the outcome. If your request is granted, USCIS will send your work permit to the address you indicated in your request. If your request is rejected, you can challenge the outcome or submit a new request with additional proof.
Form I-751 is a form that conditional permanent residents use to become full permanent residents. Conditional permanent residents get their status by marrying a U.S. citizen or a lawful permanent resident, but their green card only lasts for two years. They have to apply to remove the conditions on their residence before their green card runs out. They can do this by filling out Form I-751 and sending it to U.S. Citizenship and Immigration Services (USCIS) with the right fee and proof. The proof should show that they married for love and not for immigration benefits. The proof can be things like joint bank accounts, tax returns, leases, mortgages, children's birth certificates, photos, and letters from friends and family.
Conditional permanent residents can file Form I-751 with their spouse if they are still married to the same U.S. citizen or lawful permanent resident spouse. They have to do this in the last 90 days before their green card expires. If they are not married anymore, or if their spouse hurt them or left them, they can file Form I-751 by themselves and ask for a waiver of the joint filing requirement. They also have to give proof of why they need the waiver, like a divorce paper, a death certificate, a police report, or a court order.
USCIS will check the Form I-751 and the proof and tell the applicant what they decided. If the petition is accepted, USCIS will send a new 10-year green card to the applicant. If the petition is rejected, USCIS will send a notice of intent to end the conditional resident status and start the process of removing the applicant from the country.
Form I-589 is a request for asylum and for withholding of removal that non-U.S. citizens who are in the United States can use. Asylum is a type of protection that lets people who have faced persecution or are afraid of future persecution in their home country for reasons of their race, religion, nationality, political opinion, or membership in a certain social group stay in the United States. Withholding of removal is a similar type of protection that stops people from being sent back to a country where they would be in danger or harmed for the same reasons. However, withholding of removal does not give permanent residence or other benefits that asylum gives.
To ask for asylum or withholding of removal, you have to file Form I-589 with U.S. Citizenship and Immigration Services (USCIS) or the Executive Office for Immigration Review (EOIR), depending on your situation. You also have to give evidence to show your claim of persecution or fear of persecution, such as documents, affidavits, or country reports. You might also have to go to an interview with a USCIS officer or a hearing with an immigration judge to explain your case.
Form I-589 does not have a filing fee, but you have to file it within one year of your arrival in the United States, unless you have a good reason not to. If your request is approved, you will get asylum or withholding of removal and be allowed to stay in the United States. You might also be able to apply for a work permit, a travel document, and a green card after some time. If your request is denied, you might be put in removal proceedings or appeal the decision to a higher authority.
Form I-212 is a way to ask for permission to come back to the United States after being deported or removed. It is for people who were told to leave the U.S. and who want to come back legally. Some people may not be allowed to come back to the U.S. for a certain amount of time, depending on why and how long they were deported or removed, unless they get consent to reapply for admission.
Form I-212 lets you ask for this consent from the U.S. government and prove that you qualify and deserve another opportunity to enter the U.S.