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Michelle Mendoza
Immigration Consultant
I have been provide assistance and guidance to individuals who are seeking legal status, for the pass 10 years. It's not only my job but, I'm passionate in helping other. I am not an attorney, if I am unable to help you with I will help you find the best attorney to represent you with your case.
SERVICES
VAWA
U Visa
VAWA
Normally, if you are applying for a green card based on marriage to a U.S. citizen or lawful permanent resident, your spouse (the U.S. citizen or lawful permanent resident) must act as the petitioner for your immigrant petition. This means that the U.S. citizen or lawful permanent resident must agree to file your immigration paperwork. They must sign the immigrant petition and act as the “petitioner” for your case.
The problem with this system is that if the U.S. citizen or lawful permanent resident spouse is abusive, they could use U.S. immigration as a way to control the abused spouse. For example, they could threaten to withdraw an immigrant petition if the victim reported the abuse to authorities. Congress understood this risk and enacted VAWA to help prevent this scenario.
The main benefit of VAWA is that it allows the abused spouse or child to self-petition for their green card. This means that they can file the petition on their own behalf. They do not have to rely on their abusive spouse to file their immigrant petition.
Immigration Benefits for Children
Another benefit of VAWA is that it allows you to include your children as derivative beneficiaries of your VAWA petition. What this means is that, if you are eligible to apply for your green card through VAWA, you may also be eligible to apply for green cards for your children. Your children to not need to be related to the abuser to qualify. In addition, your children do not need to be related to the abuser to qualify.
In order for your child to qualify as your derivative beneficiary, they must be unmarried and under 21 years old at the time the VAWA petition is filed.
Who is Eligible to Apply for VAWA?
There are 5 categories of people who may apply for VAWA:
- Abused spouse of a U.S. citizen or lawful permanent resident
- Spouse of U.S. citizen of lawful permanent resident whose child has been abused by the U.S. citizen or lawful permanent resident spouse
- Abused child of a U.S. citizen or lawful permanent resident
- Abused parent of a U.S. citizen who qualifies as an “immediate relative”
DACA
U Visa
VAWA
Deferred Action for Childhood Arrivals (DACA) is a kind of administrative relief from deportation. The purpose of DACA is to protect eligible immigrant youth who came to the United States when they were children from deportation.
DACA gives young undocumented immigrants: 1) protection from deportation, and 2) a work permit. The program expires after two years, subject to renewal.
THE DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA) PROGRAM
U.S. Citizenship and Immigration Service (USCIS) has resumed accepting requests to renew grants of deferred action under the Deferred Action for Childhood Arrivals (DACA) program. USCIS is currently not accepting requests from individuals who have never before been granted deferred action under the DACA program. There is one lawsuit still pending that challenges the validity of the DACA program. However, our advice to our students are as follows:
- If you currently have DACA and your DACA status is set to expire within 9 months, you should apply to renew ASAP.
- If you had DACA previously but it expired or was terminated, you should consider applying for DACA.
- If you never had DACA in the past, you are not eligible to apply at this time.
U Visa
U Visa
K1 Visa
The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.
K1 Visa
Family Petitions
K1 Visa
A K-1 or fiancé visa is a visa that allows the fiancé of an American citizen travel to the United States for the purpose of marrying a U.S. citizen and immigrating to the country. The U.S. citizen petitioner must marry the foreign citizen beneficiary in 90 days. Once married, the now spouse is eligible to stay in the United States and apply for permanent residency, also known as a green card.
Fiancé Visa Requirements
To qualify to petition the U.S. government for a K-1 fiancé visa, you must:
- Be a U.S. citizen.
- Have met your soon-to-be spouse in-person.
- Both be free to marry.
- Demonstrate that you can financially support your fiancé.
- Have no major criminal history.
Your fiancé cannot petition for him- or herself. A U.S. citizen must petition the government for this visa. Here’s a closer look at each requirement.
The U.S. Citizen Requirement for Fiancé Visas
Currently, the K-1 visa is only available to fiancés of U.S. citizens. If your fiancé is a lawful permanent resident, your alternative is a marriage visa (CR-1 spousal visa) – unfortunately, you aren’t eligible to come to the U.S. for the purpose of getting married.
Meeting in Person Prior to Your Marriage
You must have seen your fiancé in person within the past two years. Seeing them on video or communicating regularly doesn’t satisfy this requirement. However, your attorney can help you request a waiver for this requirement if meeting in person would violate strict and long-established customs of your or your fiancé’s culture or social practices, or if it would cause extreme hardship to you.
Asylum
Family Petitions
Family Petitions
Asylum is claimed by a person who flees their home country, enters or requests entry into the United States, and applies for protection from the USA so they do not have to return to their home country.
In order to qualify for asylum as an asylum seeker, you must establish that you are a refugee who is unable or unwilling to return to his or her country of nationality, because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.
This means that you must establish that race, religion, nationality, membership in a particular social group, or political opinion was or will be the main reason for your persecution or why you fear persecution. Economic hardship is not a valid reason to file for asylum.
You must file for asylum within one year of entry into the United States.
Family Petitions
Family Petitions
Family Petitions
Individuals who are related to a U.S citizen or lawful permanent residents in the United States may be able to join them in the country by using one of the U.S family visa categories. There are both immigrant and non-immigrant U.S family visas available. To be eligible for an immigrant visa a lawful permanent resident (LPR) of the US must petition for you to join them. The immigrant visas are divided into two groups, those for “immediate relatives” of a U.S citizen and “preference” cases.
Citizenship
Citizenship
Citizenship
Physical Presence
In order to naturalize, you must show that you have been physically present in the U.S. as a lawful permanent resident for at least half of the previous 5 years prior to applying for naturalization. This requirement is very straightforward compared to the “continuous residence” requirement. To satisfy this requirement, you must show that you have been physically present inside the united states for at least 30 months over the last 5 years.
Special Rule if Married to U.S. Citizen: For certain applicants, you only have to show that you’ve been physically present in the U.S. as a lawful permanent resident for half of the previous 3 years (not 5 years) prior to applying for naturalization. To qualify, you must be a lawful permanent resident and show that you are married to a U.S. citizen spouse and that you have been living with your U.S. citizen spouse in marital union for at least 3 years since becoming a permanent resident.
Good Moral Character
In order to naturalize, you must show that you’ve been a person of good moral character throughout the previous 5-year period prior to filing your naturalization application. To determine that you satisfy this requirement, USCIS looks at several factors including prior criminal convictions, drinking habits, tax payment history, etc.
Special Rule if Married to U.S. Citizen: For certain applicants, you only have to show that you’ve have good moral character for the previous 3-year period (not 5 years) prior to applying for naturalization. To qualify, you must be a lawful permanent resident and show that you are married to a U.S. citizen spouse and that you have been living with your U.S. citizen spouse in marital union for at least 3 years since becoming a permanent resident.
Green Card
Citizenship
Citizenship
Green Cards can be obtained after marriage on a fiancé visa or most other valid visas. Our experienced immigration lawyer and our staff can help you navigate this very unforgiving process, especially when marrying someone on anything but a fiancé visa.
The Green Card process, also known as an Adjustment of Status, is typically not available for someone who entered without inspection, also referred to as an illegal alien. These cases require an I-601 hardship waiver, and our immigration law office can help you with that as well.
TPS
Citizenship
Translations
Temporary Protected Status (TPS) is granted by the Secretary of the Department of Homeland Security (Secretary) to eligible foreign-born individuals who are unable to return home safely due to conditions or circumstances preventing their country from adequately handling the return.
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Translations
Translations
Certified translations
Notary
Translations
Notary
Bonded Notary in Utah and Wyoming
