Law Offices of
Anable & Rivera PC
Formerly Law Office of Ruben Rivera, PC
An Immigration Law Firm
That Cares
Every Step Of The Way
Our immigration lawyers are here to help any person engaged in the immigration process, whether they are trying to remain in the country or establish residency status. We know that any immigration process has its own set of complicated requirements and paperwork, that’s why we’re here to help. Whether you are a legal resident working towards citizenship or a DACA recipient unsure of your status, we’re the law firm for you!
While there is endless information online about immigration and the immigration process, it is no substitute for the experience and hands-on knowledge of the law, your rights, and any changing provisions that might affect your case. An immigration attorney will:
- Spot discrepancies before it becomes a problem
- Our extensive knowledge allows us to see possible trouble spots or discrepancies in your case that should be addressed before moving forward.
- Explain your options
- Our immigration attorneys look at the big picture and can explain all of your options depending on your particular case or situation.
- Protect your rights
- As immigration lawyers, we are intimately familiar with what the law says about your rights and we are here to protect them.
- Provide peace of mind that your case is progressing
- As your immigration lawyers, we safeguard your application and guide it through the process.
Asylum Protection
At The Law Offices of Anable & Rivera PC, we are dedicated to helping people to apply for asylum protection. In the United States, we are largely free from fear of persecution and violence from the government. There are countries around the world, however, that suffer from higher levels of violence or civil unrest, as well as persecution by the government or other entities.
This means people often fear for their lives and are forced to flee. Every year, the United States grants asylum to foreign nationals who meet the international definition of “refugee.” Many times, these are people who are being persecuted on account of race, religion, nationality, political opinion, or because they are a member of a particular group.
An immigration case depends on having a reliable party on your side. Having a seasoned and experienced immigration attorney will only improve your chances of having a successful outcome. We fight for you. Anable and Rivera law firm is ready to stand up for you and your family’s rights to protection or against unlawful deportation threats.
The Refugee Act of 1980 introduced the definition of asylum into U.S immigration law. It was, in large part, to the continuing outpour of refugees in the aftermath of the Vietnam War. It was signed by President Jimmy Carter and it raised the ceiling for refugees to 50,000 from 17,400. It also created provisions that allowed for emergency applications. The Act also changed the definition to refer to a person that had a “well-founded fear of persecution.” Asylum protects a person from being returned to their country of origin. They can also apply for a social security card, work in the United States, and may even request permission to travel overseas, as well as petition people to bring family members to the United States.
Applying for asylum will usually involve several steps. The process places the burden of proof on the applicant and having a prepared attorney by your side ensures you have a proper application. You must complete Form I-589, Application for Asylum and for Withholding of Removal. There may also be other stipulations depending on the circumstances. There are essentially two ways to apply for asylum in this country. One is through the affirmative process and defensive process. Anable & Rivera will be your aggressive defenders.
The affirmative asylum process requires you to be present in the United States and you may apply regardless of how you first arrived in the United States and your current immigration status. There is a one-year statute of limitations on this. If you are granted asylum, you may be granted the right to live and work in the country.
If you are outside the U.S, you can apply at any port of entry or border crossing. This is known as the defensive asylum process and can be far more complex, especially without legal representation.
Withholding of removal is similar to asylum, as it allows you to live and work in the United States, but you cannot apply for permanent residency. For a successful application, a person is required to show that persecution is a probability, not just a possibility. This means convincing immigration authorities of the probability of persecution in your home country. So you need someone that knows how to build, establish, and fight for a case.
As a refugee or person seeking asylum, you have certain rights in this country. If you arrive at a point of entry and apply for asylum, there are laws in place that protect you from immediate deportation or removal. Refugee law and human rights are intertwined since becoming a refugee means you are seeking protection from persecution or harm. Many times, it is from governments that are unwilling or unable to protect those rights and so other countries offer people the right to seek asylum from those oppressive governments or regimes. For many decades now, the United States has a great history of offering protection to people from oppressive governments.
The qualifications for asylum require you to prove that returning to your home country means your life will be in danger. In order to qualify, you must establish that you are a refugee who is unable to return to your country of origin because of persecution or a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion.
Lawful Permanent Residence
Obtain your lawful permanent residence and live and work permanently in the United States. Permanent residency status is your bridge to becoming a U.S. citizen. Contact the Law Firm of Anable & Rivera today to learn more and to see if you are eligible to apply.
The First Step Towards Legal Citizenship for Individuals and Families is obtaining lawful permanent residence is the first step. It allows recipients to work and live legally in the United States indefinitely. It is also the main stepping stone towards citizenship.
The residency process is typically a two-step process and is available to only specific categories of people. The first step involves a petition through a spouse, family member, or employer, or falling into a specific category of immigrants. The second process is proving that you are eligible and admissible.
If you apply for residency status outside of U.S. borders, the process is referred to as consular processing. When people apply for residency within the borders of the United States, it is called “adjustment of status.”
Only certain people are eligible to apply for lawful permanent residence. These categories are often a source of confusion for many, so here’s a simplified breakdown.
There are three broad categories of who can apply:
- Family-based categories
- Employment-based categories
- Other categories (Asylee, Refugee, Diversity Visa)
Perhaps the most commonly used application for permanent residency status is the family-based visa category. Several categories fall under this umbrella. They include:
- Immediate relatives
- F1: First family-based preference – Sons and daughters (unmarried) of United States citizens
- F2A: Second Family-based preference – Children and spouses (unmarried) of lawful residents
- F2B: Second Family-based preference– Sons and daughters (unmarried) of lawful residents
- F3: Third Family-based preference – Married sons and daughters of U.S. citizens
- F4: Siblings (brothers and sisters) of U.S. citizens of 21 years or older
The United States encourages highly skilled workers to contribute to the United States. This is why they have set up a system to allow employers to sponsor highly competent employees to encourage them to remain in the United States. The subcategories of this type of visa include:
- EB-1: First Employment-based preference – This applies to workers considered to have extraordinary abilities, excellent and valuable professors or researchers, or highly-trained managers.
- EB-2: Second Employment-based preference -This subcategory applies to people that have advanced degrees and/or are considered to have skilled abilities.
- EB-3: Third Employment-based preference – This applies to professionals, skilled workers, or other competent workers.
- EB-4: Fourth Employment-based preference – Applies to certain workers including religious workers, NATO employees, persons that have worked for or assisted the U.S. Armed Forces for a certain amount of time.
- EB-5: Fifth Employment-based preference – This applies to a unique category of workers including entrepreneurs or investors investing over a certain amount ($500,00 to $1,000,000) in a viable commercial enterprise with the potential to create American jobs.
If the family-based or employment-based categories don’t apply, a person may still be eligible for residency under the following categories:
- Asylee or Refugee Status: This category applies to people that have fled their home country on the basis of persecution on account of race, religion, nationality, or political affiliation.
- Diversity Visa: The United States issues visas to people that are of countries with low immigration to the U.S. Every year, the list of qualifying countries will vary and will be published by the Department of State.
- Fiance of U.S. citizen: Under the K-1 visa, citizens of the U.S. can petition a foreign person to come to the country under the fiance visa. There are certain qualifications for this. One requires that the couple must have met in person at least two years before the petition was filed.
For some victims of human trafficking or a victim of another type of crime that has received a T nonimmigrant visa or U visa, permanent residency may be an option. T visas apply to persons that assist law enforcement in an investigation or prosecution of human trafficking cases.
For many people, the long-term goal is to become a United States citizen. Applying and successfully obtaining permanent residency status will bridge the gap into citizenship. Most lawful residents can apply for citizenship within 5, sometimes 3 years.
Applying for a green card should be done following all requirements and obligations. Many people often face issues with their applications due to inaccuracies or prior violations. Some of the most common violations that will pose a problem upon residency application include:
- Overstaying a visa
- Accumulation of unlawful presence
- Entering the U.S. without inspection
Having an attorney guide you through the immigration process will yield much higher chances of success. For example, some violations can present problems while applying. An experienced immigration attorney can advise you as to the best course of action.
Anable & Rivera Law Firm is ready to help you begin your journey towards citizenship.
While every situation is different and there are plenty of exceptions and special circumstances, below are a few common frequently asked questions.
How long does it take to process green cards?
This depends on each person’s situation. It can take up to 7 to 33 months to process. The time can vary and fluctuate depending on location, the place where the application was received, and other factors.
How long do I have to wait to apply for citizenship after I become a resident?
The amount of time that lawful residents must wait before becoming a U.S. citizen is usually between 5 years or 3 years. The amount of time is called continuous residence, and it begins from the day your green card was issued. Trips of about longer than 6 months can impact continuous residency.
How long before my permanent residency expires?
The green card will provide an individual permanent residency status. However, for the first two years, a person may get a temporary card. After this time, if the person has not been convicted of a crime and has maintained the eligibility, the permanent card will be issued. This will typically expire after ten years.
Naturalization
Helping People Gain U.S. Citizenship
The Law Offices of Anable & Rivera PC is a highly reviewed and dependable immigration law firm that provides quality legal services, including permanent residence assistance and more naturalization issues. Our experienced staff is ready to answer your questions. As advocates for immigrant rights, we do the job right. Check out our reviews and high ratings and call us today for a consultation. Portland’s Citizenship Attorney
For individuals and families alike, permanent residence is a crucial step in the journey towards becoming U.S. citizens. Citizenship grants people great benefits and the privilege of citizenship in this prosperous country.
Our team is here to guide people through the journey and ensure that there are no setbacks that might delay the outcome. Some great rewards and responsibilities come with this new phase in a person’s life, and the process might be a little different for everyone, but the requirements are similar across the board.
Permanent Resident Cards—also known as Green Cards—give individuals the ability to live and work in the United States on a permanent basis. There are many eligibility categories for permanent residence, including family, employment, refugee status, and victims of abuse. Depending on your unique circumstances, finding the right category may be straightforward or difficult.
Permanent residence allows individuals and families to live and work in the U.S.A., Permanent residents must maintain permanent resident status for at least five years in order to be eligible for naturalization. We serve clients every step of the way. As such, we’ll be by your side in order to help you achieve citizenship in the United States
Naturalization is the word used when describing the legal process of becoming a U.S citizen. An experienced citizenship attorney will lead you through the process, paperwork, and processing steps. Naturalization is the process by which U.S citizenship is granted to a lawful permanent resident after meeting requirements established by Congress. There are basic requirements that are set by Congress and U.S Citizenship and Immigration Services. The process might vary slightly depending on a person’s particular circumstances, but in most cases, people have to be residents before they can become citizens. The rationale for this is to have people live in the country for a period of time before they are accepted as new citizens.
Becoming a United States citizen comes with certain benefits and responsibilities. The Anable and Rivera Law Firm helps people become a legal citizen of the U.S. Rights that citizens have in this country include:
- The right to vote
- The ability to bring family members in the U.S
- Traveling with a U.S passport
- Becoming an elected official
- And more
Some of the responsibilities that come with citizenship might include:
- Give up your prior allegiance
- Swear allegiance to the United States
- Support and defend the Constitution
- Serve the country when required
There is a fee when applying to become a U.S citizen. This might vary slightly depending on particular circumstances. The application, however, is generally $640 with added fees for the biometric that often include an additional $85. Biometrics include your photo, fingerprints, and other documentation that proves your identity. These are basic fees and might be subject to change. There are also a few exceptions including applicants that are 75 years or older or military applicants filing under section 328 or 329. As your immigration attorney, we will help you complete the process without confusion and ensure the progress of your case.
Some of the basic requirements for citizenship include:
- Must be at least 18 years of age prior to the date of filing
- Must have had a green card for at least 5 years with a continuous presence in the United States
- Prove that you have been in the United States for at least 30 months immediately before those 5 years
- Prove that you have lived at least 3 months in the state in which you are applying
- Be a person of good moral character
- Be able to read, write, and speak basic English
- Posses a basic understanding of U.S civics and history
- Take an oath of allegiance to the United States
Before a person can go through the naturalization process, they must comply with the continuous residence requirement and physical presence in the country. These are two different eligibility requirements and can be confusing for people. An applicant of naturalization is required to show they have been physically present in the United States for a certain amount of time. Physical presence means that an applicant seeking naturalization must be physically present in the U.S for at least 30 months out of their 5 years of Green Card residency. The state you apply from also matters, as the applicant must show they have been a resident of the state they are applying for at least three months before they apply for naturalization. Continuous residence means that an applicant must have had residency for at least five years to apply for naturalization.
All applicants (with some exceptions) are required to take a citizenship test that includes a civics portion and language component. During your interview, a USCIS officer will test your ability to speak English. You will have to read a few sentences aloud correctly, as well as write a few sentences down correctly. The content of the test revolves around American history and civics. Your citizenship attorney can help you prepare for the test and ensure that you are ready for it when the time comes.
Employment in the U.S. Through Religious Organizations
The R-1 Visa refers to a special classification of visa that allows a person to come to the United States to be temporarily employed by a legitimate nonprofit religious organization. The United States values religious freedom and created an R-1 visa for people that dedicate their lives to religious practice and teaching. The religious visa includes working as a minister, in a religious vocation, or a religious organization. If you require assistance, The Law Offices of Anable & Rivera PC can help.
There are several requirements to be eligible for an R-1 visa or be classified as an R-1 nonimmigrant. These requirements include:
- Being a member of a bona fide religious denomination that has non-profit religious status in the United States for at least two years before you file.
- Showing that you will be employed by a religious organization in the United States.
- Will be employed part-time as a minister or in another religious vocation or occupation.
- Will be employed by a religious organization that is tax-exempt or has nonprofit status.
Just like any other immigration process, there is always very specific documentation that is needed to begin the application process for a religious visa. An R-1 is no different and it’s why an experienced immigration attorney will ensure a successful process. Some of the basic requirements include:
- Read and complete From l- 129, petition for a nonimmigrant worker.
- Pay any filing fee when applicable
- Provide the required evidence and documentation of employment and future religious organization
After you file, you will receive a receipt of confirmation and must await an answer from immigration officials. An interview might be required as well. Here at Anable and Rivera, we help people looking to come to the United States to work for a religious organization to complete the process smoothly and successfully.
In order for the organization to be eligible under the R-1 visa, they must meet certain requirements. Usually, these include:
- A recognized or common statement of faith by all members of the organization
- A shared form of worship
- A doctrine or discipline
- Common religious ceremonies or rituals
- Established places of religious ceremonies
When obtaining an R-1 visa, the initial period of approval can be up to 30 months. Extensions may be granted under certain circumstances for up to 30 more months.
Adjustment
of Status
Establishing Legal Residency in the United States Of America
Becoming a resident of the U.S. is a big step! This process is often referred to as adjustment of status. Lawful permanent residents are authorized to live and work permanently in the United States. According to the Department of Homeland Security, 34.9 million immigrants who entered the United States in 1980 or later became permanent residents by 2019.
The immigration lawyers at The Law Offices of Anable & Rivera PC can help you obtain your lawful status. Legal permanent residents (LPRs) may also work in the United States without special restrictions, own property, receive financial assistance for universities, and/or public colleges. After a certain amount of years and if they meet certain requirements, can apply to become a U.S citizen. If you are already living in the United States, the process can also be called adjustment of status.
For many, the process to obtain residency can be a long wait. For others, the process might happen faster. Having a trusted lawyer by your side can make the process smoother. It will often depend on your eligibility and the category you fall under. Having a family member or spouse sponsor you is one way to obtain your green card, maybe a job offer, or—for residents of certain countries—diversity visa lottery can be an option as well.
If you are living in the United States and are eligible to apply for residency, you might be able to do so without leaving the United States. The first step is to figure out whether you are eligible to apply for permanent residence.
- a. Once you have confirmed that you are eligible, file Form I-485- Application to Register Permanent Residence or Adjustment of Status. In addition to the Form, you should include all your supporting documents and fees. Many of the documents submitted do need to be authenticated.
- b. The United States Citizenship and Immigration Services will review your application and documents and grant you an interview. If you are granted permanent residency, it will be valid for ten years.
There are several ways and circumstances that a person might qualify for permanent residency. U.S Citizenship and Immigration Services has created several categories through which a person can submit an application. Each category has its own set of requirements and eligibility rules. People may obtain permanent residency through:
- Employment
- Family
- As a special immigrant
- Through refugee or asylee status
- Green card for human trafficking and crime victims
- Green cards for victims of abuse
- Green card through other categories
As a green card holder or lawful permanent resident, you can petition for:
- Unmarried children
- Spouse
As a U.S citizen, you can petition for your
- Spouse
- Fiance
- Unmarried children under 21
- Married children over 21
- Parents (if you are over 21)
- Brothers/sister (if you are over 21)
One of the most common ways people obtain residency in the United States is through a relative or family member. You may be eligible to apply if you are an immediate relative of a U.S citizen including a spouse of a U.S citizen, unmarried child under the age of 21 of a U.S citizen, or a parent of a U.S citizen who is at least 21 years old. You may also apply if you fall under another relative category including unmarried son or daughter and are 21 years or older, married son or daughter of a U.S citizen, or the brother or sister of a citizen.
Adjustment of Status is the technical term used to describe when a person applies for lawful permanent residency from within the United States. This means that you don’t have to go back to your home country and wait for the process. For many people that have already been working or living in the United States, this option is what makes the most sense.
Becoming a U.S resident comes with both rights and responsibilities. For many people, it is a big step and maybe the biggest step before achieving U.S citizenship. As a permanent resident, you have the right to work, live, go to school in the United States. Some other benefits include sponsoring a family member, attending university for less, travel outside the U.S, have better career options, and more.
Every case is different and depending on what category you are applying, the timeline might vary slightly. Eventually, you will have to go through an interview with an immigration official.
Immigration law also has preference categories. Foreign nationals might qualify to be assigned an immigrant visa number, which is basically a place in line. Most people considered immediate relatives to automatically qualify for this. Usually, however, the status for applying for lawful permanent residency follows this order:
- Check eligibility
- Submit Form I485 and accompanying paperwork
- Submit fees
- Review of your application by USCIS
- Schedule interview
- Attend interview
- Wait for status
Waiver of Inadmissibility
Obtain a Waiver of Inadmissibility and Enter the United States
Since the beginning of immigration law, the United States government has created ways to create relief for people looking to immigrate to the United States that would otherwise be inadmissible. As your experienced immigration attorney, we are here to help you overcome that and stay in the U.S. So while there are several categories that make people inadmissible to enter the country, the right representation and legal aid can help you get a waiver for this. Individuals who are looking to overcome the status of inadmissibility are required to sign certain forms and provide documentation to prove their case. Contact the Law Offices of Anable & Rivera PC today to learn more.
There are different types of waivers that may be granted for an individual that has been considered inadmissible. Certain types of inadmissibility are either temporary or can be overcome by meeting certain requirements. An immigration attorney can advise you as to the best application and approach for your particular case. These two waiver forms are similar but have significant differences. Most applications for waivers are done using the Form I-601, Application for Waiver of Grounds of Inadmissibility.
Form I-601
- This is the application for waiver of grounds of inadmissibility and is filed outside of the United States.
- The USCIS evaluates the circumstances of hardship created to the person’s relatives by the applicant’s absence.
- This is for an individual who is ineligible to be admitted into the country as an immigrant or is not able to adjust the status.
Form I-601A
- This is the application for a provisional unlawful presence waiver and is filed within the United States.
- Usually deals to waive unlawful presence
- A person must prove their spouse or parent will face significant hardship because of their absence.
- Even though the application is filed in the country, an applicant might be required to leave the country.
The United States government has several categories of inadmissibility that apply to people who have either entered the U.S unlawfully or fall under one of the following categories. They include inadmissibility due to:
- Health
- Criminal reasons
- National security reasons
- The possibility of becoming a public charge
- Lack of labor certification
- Fraud or misrepresentation
- Prior removals and/or unlawful presence
- Other miscellaneous details
Individuals able to apply for a waiver of inadmissibility might include:
- A person applying for a Green card outside of the United States that was found inadmissible after an interview
- A person in the U.S applying for an adjustment of status
- An individual who currently holds temporary protected status
- An applicant of the Haitian Refugee Immigrant Fairness Act applicant
- A Violence Against Women Act applicant
- And more
If you are an individual seeking immigration status in the United States and are resisting removal due to being inadmissible, it is important to contact an experienced attorney. There is no single rule for succeeding in applying for this waiver; it will depend on many factors and only an experienced attorney can guide you in the right direction.
At The Law Offices of Anable & Rivera PC, we specialize in complex immigration cases. If you are suffering hardship because you are looking at removal, deportation, or the inability to enter the country, contact an attorney that can help you through the process.
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!
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