Family unity is a fundamental tenet of the U.S. immigration system and U.S. citizens and U.S. lawful permanent residents may petition for, or “sponsor,” certain close family members to become permanent residents. In all cases, the family relationship must be established through documentary evidence.
Foreign nationals may be inadmissible to the United States for a multitude of reasons, including health-related grounds, economic grounds, criminal grounds, moral grounds, violations of the Immigration and Nationality Act regarding entry or documentation, fraud or misrepresentations, security and related grounds, and other miscellaneous grounds. Waivers (pardons) of inadmissibility, however, are available to certain individuals based on familial relationships or for specific reasons.
Micki has been representing clients in Immigration Court and in front of the Board of Immigration Appeals for over a decade. Individuals who are in the United States without valid nonimmigrant status or who have been involved in activities which may jeopardize their immigration status can be placed in removal proceedings.
U Visas & VAWA Protections
The Violence Against Women’s Act (VAWA) was passed by Congress in 1994 and contains immigration-related provisions to protect noncitizen battered spouses, children and parents. VAWA allows certain spouses and children of U.S. citizens and lawful permanent residents (LPR) to apply by themselves, or “self-petition,” for permanent residency. Under VAWA, individuals suffering from domestic violence at the hands of their U.S. citizen or permanent resident spouse or parent can file for immigration status without the abuser knowing or assisting.
“Consular Processing” refers to the adjudication of both non-immigrant and immigrant visas by U.S. consular officers posted abroad at U.S. Embassies and visa-processing Consulates around the world. In adjudicating visas, consular officers must make decisions concerning the visa applicants eligibility for the visas for which they are applying, and their admissibility to the United States under the relevant portions of the Immigration and Nationality Act.
Under U.S. immigration law, there are three ways to obtain citizenship. Generally, persons born in the United States are considered to be U.S. citizens. In addition, under certain circumstances, persons can acquire or derive U.S. citizenship through their parents, and sometimes, even through their grandparents. Persons who satisfy the requirements of naturalization are eligible for citizenship. Naturalized citizens are granted all of the rights, privileges and responsibilities that citizenship entails.