Our immigration attorneys thoroughly analyze the circumstances of each individual case. We review the strengths and weaknesses, and any court records, in order to improve the chances of successfully meeting our clients’ goals. We utilize these skills to provide assistance in many immigration-related issues. Other sections of our website discuss family-based immigration and employment-based immigration. This page covers the other immigration-related services, including the following:
Special Immigrant Juvenile Status (SIJS)
This is available to individuals in the United States who are under the age of 21 and have been abused, abandoned, or neglected by one or both of their parents. This visa is unique in that it is the only form of relief that requires an order from a state court judge prior to filing the visa. A state court judge, often in probate or family court, will need to issue an order that states you have been abused, abandoned, or neglected by one or both of your parents, and that it is not in your best interest to return to your home country. You can apply for Special Immigrant Juvenile Status after obtaining that order, and then it will place you in line while you wait for your turn to file for your green card.
T Visas for Victims of Human Trafficking
This visa is available for those who have been a victim of human trafficking or labor trafficking. It is a pathway to obtain lawful permanent residency. The spouse and children of the applicant may also qualify as dependents on the application.
Mandamus Actions
Sometimes the government will sit on your case for too long without giving you an answer on it. Often the only way to get a final decision on your case is to sue the government in federal district court. This will not prejudice the government into giving you a bad decision. It also doesn’t guarantee that they will approve your matter. But often getting a denial is better than having your case be pending forever because you can usually appeal a denial or refile the case and have a successful outcome. How long you need to wait before you can sue the government to force them to issue a decision depends on the type of case.
Federal Review of a Denied Application
In some circumstances, such as if your citizenship application is denied, you can ask that a federal district judge review the denial of your application in a completely neutral and fair setting. The government will have to prove their case in a real court under the judicial branch of the federal government, which often results in your case being decided in a much fairer setting than USCIS or the Board of Immigration Appeals.
Deferred Action for Childhood Arrivals (DACA)
On June 15, 2012, the Obama administration announced that it will offer deferred action policy to certain immigrant children who were brought to the United States. Deferred action provides temporary relief from enforcement but may be revoked at any time. Deferred action is not amnesty, immunity, nor does it provide a way to obtain a green card. It only applies to those who meet the criteria and not to any family members of the qualifying individual.
Essentially, deferred action policy is a discretionary determination to defer removal action of an individual. An individual whose case has been deferred is eligible to receive work permits and work authorization for the period of deferred action, provided he or she can demonstrate “an economic necessity for employment.”
It only applies to those who meet the criteria and not to any family members of the qualifying individual.
Who Is Eligible For Deferred Action Policy?
In order to qualify, individuals must:
- have entered the United States before their 16th birthday;
- have been under age 31 and had no valid immigration status on June 15, 2012;
- have continuously resided in the United States between June 15, 2007 and the present;
- be enrolled in school on the date of the request, have graduated from high school, obtained a GED, or have been honorably discharged from the Armed Forces;
- have not been convicted of a felony, a “significant” misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Deferred action will only apply for those who are 15 or older, unless they are currently in deportation proceedings or have a final order of removal or voluntary departure.
What is the Current Status of DACA?
Unfortunately, the current administration is not approving any new DACA applications and are only approving renewals.
Waivers of Inadmissibility (I-601/I-212)
Waivers of Inadmissibility (I-601/I-212)
Foreign nationals may be inadmissible due to certain circumstances, such as (1) criminal violations, (2) prior deportation orders, (3) unlawful presence, and (4) immigration fraud or misrepresentation. When available, the foreign national may request a waiver for his/her inadmissibility under an I-601 & I-212 waiver.
For example, a foreign national who is ineligible for an immigrant visa or nonimmigrant K or V visa, may be able to apply for a waiver of inadmissibility (I-601). If the foreign national was removed from the United States and needs permission to reapply, they must also file a request for permission (I-212 waiver).
B-1 and B-2: Visitor for Business and Visitor for Pleasure
Visitors for Business (B-1) or Pleasure (B-2), & Visa Waiver Program
B-1 Visa: Business Visitor
Business visitors may enter the US for the purpose of engaging in business activities, which includes:
– Engaging in commercial transactions that do not involve gainful employment;
– Negotiating contracts;
– Settling an estate;
– Consulting with business associates;
– Attending scientific, educational, or business-related meetings, conventions, conferences, or seminars; and
– Other work that is professional in nature, but does not involve domestic employment for hire.
B-2 Visa: Tourist Visitor
A visitor for pleasure, commonly referred to as a tourist, may enter the US with a B-2 Visa for certain legitimate activities, including, but not limited to:
– Tourism;
– Vacation;
– Amusement;
– Visits with friends and relatives;
– Medical treatment; and
– Other activities which are recreational in nature.
F-1 Student Visa
Foreign nationals may enter the US as a full-time student at an accredited college, university, seminary, conservatory, academic high school, private elementary school, language training program, or other academic institution.
In some cases, students may be permitted to work. Our professionals are equipped with the knowledge to advise you on your possible ability to work, and other issues that may affect your visa, such as failing to meet certain academic requirements or engaging in unauthorized employment activities. Contact Sacramento’s Immigration Attorneys to have our team work with you to obtain your student visa, or avoid losing any current and future immigration benefits.
Contact Sacramento Immigration Attorneys for Your Immigration Needs
Interested talking to an attorney about your immigration needs? Feel free to contact our Sacramento’s immigration attorneys to set up a consultation.