There are two primary paths to gain legal residence status through family-based petitions. The first type of adjustment of status process is for those who have entered the country legally and have a visa immediately available. This adjustment is processed by the U.S. Citizenship and Immigration Services office. Those who are eligible will obtain their interview at a nearby local immigration office which has jurisdiction over their case. For those who enter this country without inspection, the second path for legal residence status, they can apply for AOS under legislation Sec. 245(i) and a fine of $1000 will be assessed. The last extension granted by Congress was December 21, 2000 through April 30, 2001. If the individual does not qualify for this benefit, then consular processing is the next option to gain legal residence status.
There are three ways to obtain U.S. citizenship: acquisition, derivation, and naturalization, each with its own set of rules and regulations. Either free citizenship workshops or private counseling in our offices, we provide assistance to file the N-400 application with USCIS. The benefits of having U.S. citizenship are: right to immigrate family members, derivative citizenship for children, more employment and educational opportunities, travel benefits, public benefits, and protection from deportation or re-entry back into the U.S.
In general, consular processing is done for those who have never entered the U.S., are not covered under Sec. 245(i), have not resided at any time in the U.S. and are eligible to apply for a waiver.
On June 15, 2012 the Secretary of Homeland Security announced that certain individuals who were brought into the U.S. without inspection as children by their parents, and through no fault of their own, may be eligible to receive Deferred Action. Proyecto Inmigrante ICS, Inc. will provide legal assistance and representation before the USCIS office. The services to be provided, for a reasonable amount, are legal document translations, an FBI background check, a CBP background check, and a minimum of three applications to be filed. Other services may be necessary depending on the complexity of the outcome of the background checks. Check your eligibility.
In certain cases, an individual can apply for an Employment Authorization document. For adjustment of status pending, authorization is granted for one year. For a family reunification program, the authorization may be granted up to two years.
Immigration Law is very complex and extensive and this includes family petitions. Our mission at Proyecto Inmigrante ICS, Inc. is to help the immigrant community with family reunification and our main focus with family petitions is to assist in the processing and filing of all required applications whether the beneficiaries live in the U.S or abroad. Proyecto Inmigrante ICS, Inc. will handle all applications with the United States Citizenship and Immigration Services, the State Department, and the United States Embassy, which has jurisdiction of the case. If the beneficiaries of a visa are living in the country of Mexico, our agency will file the proper applications in order for the family to receive their appointment and have their Permanent Residence approved before the United Sates Embassy in the city of Cd. Juarez.
If you have penal history and do not remember the outcome of your case, our legal department can do a criminal background check as well as previous deportations.
A United States Citizen can petition for a temporary visa for his/her fiancé(e) who is living abroad. This marriage must take place here in the U.S. within the 90 days that the temporary visa is granted. Once the marriage has been established, adjustment of status must be filed with the district immigration office.
USCIS sends an approval of the visa petition to the National Visa Center in Vermont and fees for legal permanent resident status will be assessed. The Beneficiary will appear at the office of the U.S. consulate abroad.
Effective March 4, 2013, Proyecto Inmigrante ICS, Inc. will begin the process for the new Provisional Waivers. Immediate relatives of U.S. citizens qualify for this service which is intended for family reunification of immigrants presently living in our country. Because of the complexity of this directive, all those who qualify should seek expert legal advice from accredited representatives of the Board of Immigration Appeals, such as Proyecto Inmigrante ICS, Inc. with over 25 years combined experience.
For those who have obtained their resident card through marriage to a U.S Citizen, but have not been married for two years, they are issued a conditional resident card for a period of two years.
A temporary protection status is granted when a natural disaster occurs, such as a hurricane or earthquake. Countries of Central America such as El Salvador, Nicaragua, and Honduras are granted the TPS rule for a period of eighteen months and are protected from deportation. The applicants may apply for an employment authorization card and travel document.
Our Legal Counseling Department specializes in translating documents such as birth certificates, marriage certificates, divorce certificates, death certificates, and Penal History verification and many others.
A waiver is available for immediate family members, such as the spouse and minor children under the age of 21, and the Petitioner is a U.S. citizen or Legal Permanent Resident. Under extreme and unusual hardship to the Petitioner, the waiver can be granted.
The U nonimmigrant status (also known as the U visa) is set aside for victims of crimes who have suffered substantial mental or physical abuse as a result of the crime and who are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity.
The V visa is a nonimmigrant visa created to allow families to stay together while waiting for the processing of immigrant visas.
Ministers and non-ministers in religious vocations and occupations may immigrate to or adjust status in the United States for the purpose of performing religious work in a full-time compensated position. The special immigrant religious worker category is one of several employment-based fourth-preference (EB-4) visa classifications. For additional information about other EB-4 classifications, see the link to the left.