Family-Based Petitions (I-130 Petitions)
A United States Citizen or permanent resident (green card holder) can file an I-130 petition for a relative, which establishes the existence of a familial relationship with the relative who wishes to obtain permanent residency in the United States.
If you are a U.S. citizen you are allowed to file an I-130 petition for the following relatives: spouse; unmarried children under age 21; unmarried children age 21 or older; married children of any age; brothers or sisters (as long as you are age 21 or older); and mother or father (as long as you are age 21 or older).
If you are a Permanent Resident of United States, you can file an I-130 petition for the following relatives: spouse; unmarried children under age 21; and unmarried children age 21 or older.
We can help file the I-130 petition and present evidence demonstrating why the I-130 petition should be approved. Remember, that if your relative wants to obtain permanent residency in the United States, they are likely to require an approved I-130 petition before being allowed to obtain their permanent residence (green) card.
If an Immigration Judge has denied your case and either granted voluntary departure or ordered you removed (deported), you have the right to appeal that decision to the Board of Immigration Appeals (BIA), which is located in Falls Church, Virginia. An appeal is due 30 days after the Immigration Judge denied your case and if you do not file it within that time, then you have given up your right to file an appeal.
An appeal will allow the BIA to review your case in order to determine if the Immigration Judge committed either a legal or factual error on your case or violated your rights. If the BIA determines that the Immigration Judge made an error in denying your case, they will withdraw the order denying your case.
We can provide you with the best legal representation in order to file a successful BIA appeal. Once we win your BIA appeal, your case will be returned to the Immigration Judge in order for him or her to re-review your case. This is a second opportunity for you to obtain your permanent residency (green) card.
Our law firm also focuses in the practice area of Criminal Defense and the following are a few of the services we offer in that field:
Representation & Defense in Removal/Deportation Proceedings
Removal proceedings (formerly known as Deportation) is the process that the United States government uses in order to remove people from the United States who are not American citizens. This can include people who are residents of the United States and people who entered the United States without permission (illegally).
The removal process is very complicated and lengthy, with some cases taking over five years and ending in removal back to the person's native country. We can provide you with the best legal representation in order to develop the best defense strategy and present the best possible case so that you can remain here in the United States permanently, either with a permanent resident (green) card or with a work permit.
Joshua N. Quintero
We are a full service law firm that focuses on providing affordable legal services in a personal and professional manner. We focus the majority of our practice area to Immigration Law and the following are a few of the services we offer in that field.
If you came to the United States from your home country because you were being persecuted or you fear returning to your home country because you will be persecuted, we can help you request Asylum here in the United States. In order to be eligible for Asylum you have to prove that you suffered persecution or fear that they will suffer persecution in your home country due to your race, religion, nationality, membership in a particular social group, and/or political opinion.
We will provide you with the best legal representation in order to develop the best strategy and present the best possible case so that you can remain here in the United States permanently, either with a residency (green) card or with a work permit.
Deferred Action for Childhood Arrival (DACA) for DREAMERS
DACA is program begun by the Obama administration in June 2012, which allows certain undocumented immigrants who entered the United States before their 16th birthday and before June of 2007 to receive a renewable two-year work permit. Although President Obama expanded the DACA program in November of 2014, no new changes in the program have come into effect due to ongoing federal litigation.
We can help you file an initial DACA request or renewal in order to receive another two-year work permit. We will present all of the required evidence in order for your application to be approved and for you to obtain your work permit.
Reinstatement of I-130 Petition after Death of Petitioner
If you have an I-130 petition that was filed on your behalf by a relative and that relative died before you were able to apply for your Permanent Residency, we can help you obtain your residency (green) card. Even if USCIS has already denied or revoked the I-130 petition on the basis that the petitioner died, we can help you get that I-130 petition reinstated (revalidated) so that you can apply for Permanent Residency.
A reinstatement after the death of a relative can help people applying for residency under either Adjustment of Status (AOS) or Consular Processing, even if you require a waiver (e.g. I-601).
Motions to Reopen Removal/Deportation Orders
Even if an Immigration Judge or the Board of Immigration Appeals (BIA) has denied your case and ordered you removed or deported, you may still be able to file a motion to reopen your case, which will give you a second chance to remain in the United States.
Filing a successful motion to reopen is a hard task and you only have one shot. We can provide you with the best legal representation in order to successfully file a winning motion to reopen.
Protection from Removal/Deportation
If you have been ordered removed or deported from the United States, you may still qualify to stop your removal or deportation order. We can help you file (and renew) a request with ICE in order to obtain a stay of deportation or removal, which can allow you remain here in the United States with your family.
If you are a Lawful Permanent Resident of the United States and you have had a valid residency (green) card for the past five years, we can help you file for your U.S. Citizenship. Likewise, if you are married to a U.S. Citizen we can help you apply for your U.S. Citizenship after three years with a valid residency (green) card. We will also fully prepare you and attend your U.S. Citizenship interview in order to help guide your case to an approval.
Victims of Crime (U-Visa)
U Nonimmigrant Status (U-Visa) is a type of legal status given to victims of certain crimes who have suffered mental or physical abuse and were or are still being helpful to law enforcement or government officials in the investigation or prosecution of the criminal activity.
If you are eligible, we can help you apply for U-Visa status and once it is granted you will receive a work permit that is valid for four years. Once you are granted U-Visa status we can also help you apply for Adjustment of Status (AOS) so that you can obtain your residency (green) card here in the United States.
Victims of Domestic Violence (VAWA)
The Violence Against Women Act (VAWA) allows immigrants (men and women) who have been victims of domestic violence, battery, and extreme cruelty by a U.S. Citizen or Lawful Permanent Resident spouse to "self-petition" for legal status in the United States without relying on a family member. This means that the immigrant victim can independently apply for a residency (green) card, which begins by filing an I-360 Petition.
We can help you file a successful I-360 Petition, which requires an array of documents and evidence before USCIS can approve the petition. We will make sure that you get the much needed legal protection as well as your residency (green) card. In fact, once we get your I-360 Petition approved, we can help you apply for Adjustment of Status (AOS), which means that you will be able to obtain your residency (green) card without having to leave the United States.
Adjustment of Status (AOS) in the United States
Adjustment of Status (AOS) is the process that allows a person to become a lawful permanent resident in the United States without having to return to their home country. The whole process is conducted in the United States and it requires an in-person interview with an officer at your local United States Citizenship and Immigration Service (USCIS) office.
You may be eligible for AOS if you entered the United States with a Visa or if you are protected ("grandfathered") by Section 245(i), which means that an I-130 (family) or I-140 (employment) petition was filed on yours or your parent's behalf before April 30, 2001. You may also be eligible for AOS under other circumstances, including an approved U-Visa or VAWA request.
We can help you file for AOS. We will prepare you and all of the required evidence in a manner that will allow the USCIS officer to approve your case and give you permanent resident status here in the United States. We will also attend the interview and help guide your case to an approval.
Request for Release under Bond
If you know somebody who has been arrested and detained by Immigration and Customs Enforcement (ICE), we can help them get released. We will file a request for a bond hearing and attend the hearing, where we will present evidence demonstrating why the request for bond should be approved. The minimum bond amount that an Immigration Judge will give is $1,500 and the maximum is normally $10,000.
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Our law firm also has experience in the practice area of Family Law. Although the services we offer in the field of Family Law are a bit more limited than those in the areas of Immigration and Criminal Defense, we do offer the following services:
Waivers (I-601, I-601A, I-212)
Some people are required by USCIS to file a waiver before their application for permanent residency can be granted. Waivers are required when USCIS determines that a person is "inadmissible." There are many reasons that a person can be found "inadmissible," for example, being unlawfully present in the United States, prior deportation, immigration fraud, or having being convicted of certain crimes.
If you are found "inadmissible" and qualify for a waiver, we will provide you with the best legal representation in order to prepare and file a winning waiver. Waivers normally require a showing that a "qualifying relative" (e.g. Spouse, Parent, Child) who is a U.S. Citizen or Resident will suffer extreme hardship if the waiver is denied. As such, we will prepare the best legal strategy and arguments so that your waiver is granted and you can obtain your Permanent Residency.
Additionally, if you are a Lawful Permanent Resident of the United States and you have been placed in Removal (Deportation) proceedings, you may be eligible to file a waiver in order to remain here with your residency (green) card. We will represent you in Immigration Court and present the best possible case so that you can keep your residency (green) card.
Immigrant Visa Processing in American Consulate/Embassy
If you are not eligible for Adjustment of Status (AOS) here in the United States, because you either entered the United States without permission or nobody filed an I-130 petition on your behalf before April 2001, you may still be eligible to obtain your Lawful Permanent Residency via "Consular Processing." "Consular Processing" requires a person to return to their home country and attend a short interview at an American Consulate.
If you are eligible for "Consular Processing," we can help guide you through the lengthy process and make sure that you obtain your permanent resident status without having to remain in your home country for more than 2 weeks.