Formerly Law Office of Ruben Rivera, PC
Understanding
Family
Based-Petition
If you are seeking to live permanently in the United States, you are likely looking to have an immigrant visa. One of the ways to apply for permanent residency is through family immigration or being sponsored by an immediate relative who is at least 21 years old and is either a U.S citizen or a lawful permanent resident. The majority of Green Card holders in the United States come through with family visas. Here at The Law Offices of Anable & Rivera PC, we strive to keep families together and united by giving your case the attention it deserves. Give us a call today to learn more.
If you are a beneficiary of an approved immigrant petition and have received an immigrant visa number, there are several ways to apply for legal residency status. One of those is through an adjustment of status application, which is done from within the United States. The other way is through consular processing, which refers to the application for legal permanent residency while still in your home country. Both consular processing and Adjustment of Status have their own timelines, application forms, supporting documents, and costs, but have similar overall processes. It is important to check with an immigration lawyer to ensure which process works best for your own situation.
D.A.C.A
Providing the Best Legal Assistance for Deferred Action for Childhood Arrival Recipients
The Law Offices of Anable & Rivera PC is here to assist and provide legal aid to DACA recipients. The DACA executive order signed by President Obama has been under some scrutiny in recent years and made it confusing for individuals with DACA status, otherwise known as Dreamers. DACA renewal is still possible for many eligible recipients. As your DACA attorney in Portland, we are here to assist people that have questions or are looking for answers regarding their DACA status or DACA renewal.
What is DACA?
DACA is an acronym that stands for Deferred Action for Childhood Arrivals. This was an Executive Order signed by President Obama that offered deportation relief for millions of immigrants that had been brought to the United States as children. In addition to protection from deportation, DACA also offers recipients the ability to obtain a work permit and work legally in the United States. Recipients need to apply every two years in order to renew their DACA status.
To be eligible for DACA, there are certain requirements that must be met and (in some cases) proven. Eligible recipients must meet the following requirements:
- Have been under 31 years old as of June 15, 2012
- Must have come to the U.S before your 16th birthday
- Must have lived continuously in the U.S from June 15th, 2007 until the present
- Have been physically present in the country on June 15, 2012, and at the time you apply
- You arrived in the United States undocumented before June 15, 2012, or had a lawful status that expired before that date.
- You are studying or graduated from high school or earned a GED, or possess an honorable discharge from the Coast Guard or military (some technical and trade school completion also applies).
- You have not been convicted with a felony, certain misdemeanors, or three or more misdemeanors of any kind.
DACA mostly applies to younger people who were brought to the United States as children. Some of the age guidelines include:
- You must have been born after June 15, 1981
- Or have been no older than 30 on June 15, 2012
- You must have been at least 15 years old at the time you applied for DACA
DACA renewals are being accepted by USCIS. Having a qualified immigration attorney is the best way to ensure a successful renewal application and to avoid any problems or confusion with your application. A quick overview of the process may look a little like this:
- Contact your trusted immigration attorney
- Collect necessary documentation and evidence
- Complete necessary forms and applications
- Apply by the appropriate deadline
- Get biometrics done (fingerprints and background check)
- Complete any requested final information or await the response from immigration officials
The state of the DACA executive order has been in flux for a few years. This means that controversy and changes have made it difficult for people to figure out where their particular case stands.
One of the latest updates went into effect on June 18, 2020. The U.S Supreme Court ruled in favor of the DACA program and countered a 2017 attempt to terminate the program. A past decision had put a halt on new DACA applications. The decision restored the program and allowed for initial and renewal applications to be accepted. It is possible that further changes affect the program in the future, so it’s important to have a trusted immigration attorney advising you on your case.
Deportation Defense
Our Team is Here to Help Eligible Individuals Avoid Deportation
In the mid-90s, several laws were passed that increased the rate of deportation for foreigners. The laws have some strict provisions regarding immigration applicants and criminal activity, including some misdemeanors. The prospect of deportation can be scary and overwhelming. Seek legal advice and representation that will help you resolve your case and remain in the United States. As your trusted deportation defense attorney, The Law Offices of Anable & Rivera PC is here to serve people facing deportation or a complicated immigration case.
How We Can Help You Avoid Deportation
Technically speaking, the legal onus is on the U.S government to prove that an individual should be removed from the country through clear, convincing, and unequivocal evidence. The person in question has the opportunity to apply for various forms of relief. A deportation defense attorney will help you build your case and submit the proper and necessary forms. Possible forms of relief from deportation include:
- Applying for adjustment of status
- Waivers of inadmissibility
- Cancellation of removal
- Asylum
- Withholding of removal
- Convention against torture
If an individual is facing deportation, they will receive a Notice to Appear (NTA) from a U.S official. This kickstarts removal proceedings of the government trying to remove an individual from the country.
This is an administrative case and is not necessarily considered a criminal matter. A judge will ultimately have the decision about whether a person is removed from the country or not. People facing deportation, however, are not appointed an attorney or legal representation by the U.S government. Having a professional immigration defense on your side can make the difference between staying or having to leave the U.S.
The Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) states that if a person has been unlawfully present in the U.S for 180 days, they must stay outside the U.S for a minimum of three years. If a person was residing or present unlawfully in the U.S for more than a year, they might be required to remain outside of the U.S for at least 10 years. There are some exceptions such as obtaining a waiver.
You might be facing deportation if you:
- Entered the U.S unlawfully
- Overstayed your visa
- Violated your visa
- Committed fraudulent activity
- Participated in criminal conduct or activity
Even when facing removal from the country, an individual still has rights and grounds for defense. Because the process can get a little confusing, an immigration lawyer will help you understand your rights and ensure that you are using the various lines of defense available to you. For example, if an Immigration Judge denies your case, you have thirty days to appeal the decision to the Board of Immigration Appeals. There is also a process called cancellation of removal that allows individuals facing deportation proceedings to apply for residency status but is contingent upon fulfilling several requirements.
Our office can also help with special parole requests cases for individuals who need to leave and return to the country. Requests for parole for people facing deportation proceedings are under the jurisdiction of ICE and require a special filing and process.
The length of the process depends on your particular cases and special circumstances. Several factors come into play including your current immigration status, records, and reasons for facing deportation. Here at The Law Offices of Anable & Rivera PC, we fight to get your case resolved as soon as possible.
Facing a Notice to Appear can be an intimidating moment. It might seem like the world is closing in on you, and you are running out of options. The reality is that you have options and a seasoned attorney can help you navigate the system. Call us for a consultation. If you or a loved one is facing deportation, The Law Offices of Anable & Rivera PC is ready to back you up.
Spousal Visas
We’ll Help You Bring Your Spouse to Live in the U.S. as a Permanent Resident
The most common way to apply for U.S residency is through family-based immigration and spousal visas. You can be sponsored by a U.S citizen or lawful permanent resident to come to the U.S to become a permanent resident. If you need a family immigration attorney in Portland, Oregon, or in the Central Coast of California, The Law Offices of Anable & Rivera PC is here for you.
Marriage is an important part of a person’s life, and we want to make sure that you are able to successfully bring your fiance into the United States. As immigration attorneys, we help you file and submit the proper and necessary documents, as well as follow procedures and eligibility requirements to successfully obtain a K-1 visa for your fiance.
U.S citizens are able to bring their foreign-born fiances into the United States by applying for a fiance visa. These are known as the K-1 visa. In order to do this, you will need to file a specific form called Form I-129F, Petition for Alien Fiance, and intend to marry within 90 days of your fiance entering the United States as a K-1 immigrant.
The K-1 Visa is a non-immigrant visa that allows fiances of the United States citizens to enter the country and then apply for resident status. This is only valid when the marriage is legitimate and not for the sole purpose of obtaining a visa. The process involves USCIS, the U.S Department of State, and U.S Customs and Border Protection, which means there might be checks in various databases for national security, criminal history, and other information.
In order to obtain the visa, the marriage must happen within 90 days of the fiance entering the country. If the marriage happens within those 90 days, the fiance is able to apply for resident status in the United States.
If you have already married, plan to marry in another country other than the U.S, or if the fiance is already legally residing in the U.S, they may not be eligible to apply for a fiance visa.
In order to apply for a fiance visa there are certain requirements that must first be met. Eligibility requirements include:
- You are a U.S citizen
- You intent to marry within 90 days from your fiance’s admission to the U.S on the K-1 visa
- Both parties are legally free to mary (all previous marriages ended by divorce, death, or annulment)
- You and your fiance met in person at least once within the 2 year period before you file your petition. There are waivers available for this requirement.
The process of bringing your fiance into the country can be a little involved. Your immigration attorney can help you ensure that you’re following the proper steps and filling out everything correctly. In summary, the process involves:
- Filling out and filing Form I-129F, Petition for Alien Fiance.
- Await the review of Form I-129. You may receive a request for further documentation or evidence.
- If eligibility is established, the Form I-129 is approved.
- The approved form is sent to the DOS National Visa Center.
Marriage is an important part of a person’s life, and we want to make sure that you are able to successfully bring your fiance into the United States. As immigration attorneys, we help you file and submit the proper and necessary documents, as well as follow procedures and eligibility requirements to successfully obtain a K-1 visa for your fiance.
VAWA Visas
Providing Protection for Immigrant Women
VAWA stands for the Violence Against Women Act and it was created in the 1990s to protect women that are particularly vulnerable to domestic violence, abuse, or other forms of harm. The Act was far-reaching and created several programs that educate and train law enforcement and other authorities on gender-based violence. The VAWA self-petition is for abused spouses, parents, and children of U.S citizens or permanent residents.
If you have uncertain immigration status, this might make you vulnerable to domestic abuse or other types of intimidation. The Law Offices of Anable & Rivera PC is here to help you secure your immigration status so that you can live without fear.
In order to apply for a VAWA visa, you must be eligible and you must also provide ample and satisfactory documentation and evidence. These documents include:
- A personally written declaration that describes the relationship and the nature of the abuse
- Any police records or formal records of the abuse
- Evidence or support that shows your good moral character
- Copy of your passport or birth certificate
- Proof showing you live in the United States
- Passport-style photos
There is no limit or cap on VAWA self-petitions or visas the way there is with the U Visas. VAWA, however, does require applicants to show that they are of “good moral character.” The VAWA visa includes Form I-360 and shows that you meet the other requirements. The visa for the Violence Against Women Act is a way for battered and abused spouses or children to apply for resident status without the help of the relative who is abusing them. Men and women may both self-petition and may qualify if they meet the following eligibility requirements:
- Your spouse is a U.S citizen or legal permanent resident and he/she abused you.
- Your parent or stepparent is a U.S citizen or legal permanent resident and he/she abused you.
- Your adult child is a U.S citizen and he/she battered or abused you.
When applying as a battered or abused spouse, the requirements are a little different and require you:
- To have been married to a U.S citizen or legal permanent resident
- To have lived with your spouse at some point
- If a divorce has been finalized, you must show a connection between the divorce and stated abuse
- The marriage must have entered into in good faith
The law has also extended protections for VAWA self-petitioner to include housing. The updated law has increased the protections for sufferers of domestic abuse, domestic violence, sexual assault, and other forms of abuse.
VAWA processing may vary on a case-by-case basis, but it seems to be slightly faster than a U Visa. In 2020, the processing time for the VAWA self-petition was about two years.
The Violence Against Women Act must be reauthorized by Congress on a regular basis. Because of this, some of the provisions and requirements can change and have often confused applicants. Contact an experienced immigration attorney to find out whether you qualify for this visa or whether you should apply for a U Visa instead.
U Visas
Protection for People That Have Been Victims of a Crime
The U Visa is an immigration visa set aside for people that have been victims of a crime. The U nonimmigrant status is the category given to people that have been victimized and suffered certain crimes including mental or physical abuse and might be of help to law enforcement in the investigation or prosecution of illegal activity. Individuals who qualify for the U Visa may subsequently apply for a Green Card or residency status. If you require guidance or assistance, then The Law Offices of Anable & Rivera PC is here to help.
In 2000, Congress passed a bipartisan bill called the Trafficking Victims Protection Act. The bill was meant to combat what seemed to be a growing issue of human trafficking in the United States and across the world. Included in that bill was the U nonimmigrant visa that would offer protection to victims of certain crimes and would also aid law enforcement in the investigation of such activities. This immigration visa helps people that have suffered substantial damage and harm under the hands of criminals. Victims of such crimes can later apply for a Green Card in order to remain in the United States.
In order to qualify for the U Visa, you must meet certain requirements. Eligibility is determined on the basis of meeting these conditions:
- You have been a victim of criminal activity named under this Act
- You have incurred or suffered substantial physical or mental abuse as a result of being a victim of such criminal activity
- You have information about this activity that might aid in an investigation.
- The crime in question happened in the United States and broke U.S law
- You are otherwise admissible to the United States
An individual may also apply for the U Visa if they are outside of the United States and meet certain requirements. People outside the country that wish to apply for this protection must file through a slightly different process. This entails:
- Filing necessary forms for U nonimmigrant status with the Vermont Service Center
- Having biometrics done at a nearby U.S consulate or embassy
- Go through the consular process to enter the United States and go through an interview process with a consular officer
There is a cap set by the U.S government on U Visas every fiscal year. The country allows only 10,000 applications. After this number is reached, a waiting list is created for eligible applicants. As experienced immigration attorneys, Anable and Rivera have helped dozens of people obtain protection after being victimized of a crime. We support our clients and ensure that their case is being given the attention it deserves. If you have been a victim, we want you to feel safe and protected with the proper legal representation.
The wait time and process for U Visas may vary based on your particular circumstances. Generally, the process can take up to four and a half years for USCIS to process an application for a U Visa. This is just an estimate and the processing time may vary depending on your particular case, where you filed from, and other factors. If you’re looking to apply for this visa, having an immigration attorney work with you can be beneficial in ensuring the process doesn’t run into unnecessary delays.
A U nonimmigrant status visa is good for four years once it is granted. An extension to a U Visa may be granted under certain circumstances. This includes situations like:
- Law enforcement requires the help of the individual for an investigation or prosecution
- There are exceptional circumstances and needed basis
- There were consular processing delays
- Extended due to the filing of an adjustment of status (application of a Green Card)
Contact Us.
Please do not hesitate to reach out with any questions. We are here to help with all your immigration law questions.
All clients must make an appointment before coming into the office. Please schedule your meeting with us today!
Portland, Oregon:
11073 SE Main St
Milwaukie OR 972222
Tel. 503 223 5800
Ventura, California:
701 E Santa Clara Street
Suite 17
Ventura, CA 93001
Tel. 805 485 6800
Law Offices of
Anable & Rivera PC
Formarly Law Office of Ruben Rivera, PC
Monday-Friday: 9-5
Saturday: 10-4 (Appointment Only)
Phone:
1 (503) 223-5800
1 (805) 485-6800
Location:
701 E Santa Clara Street
Suite 17
Ventura, CA 93001
11073 SE Main Street
Milwaukie OR 97222