IMMIGRATION SERVICES

 

The Law Offices of Jovanni S Garcia offers the following immigration legal services to families and individuals:

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• Family Immigration – A U.S. citizen may petition for certain family members to receive either a Green Card, a fiancé(e) visa or a K-3/K-4 visa based on your relationship.

• Fiance(e) Visa - This visa is available if you are looking to marry but your fiancé(e) is overseas and you want to bring them to the United States to marry one another. Your fiancé(e) enters the United States for 90 days, at which time your marriage ceremony can take place. Once married, your spouse can apply for permanent residence (Green Card) and remain in the United States while the application is in processing.  

• Naturalization and Citizenship - Naturalization is the process of U.S. citizenship being granted to a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA). A lawful permanent resident can apply for United States citizenship, or naturalization, after five years of residency. This period is shortened to three years if married to a U.S. citizen.

• Waivers of Inadmissibility - By using Form I-601, certain foreign citizens who are ineligible to immigrate to the United States because they are “inadmissible” can request a waiver (forgiveness) of inadmissibility.

• U-Visa Nonimmigrant Status - The U nonimmigrant status (U visa) is set aside for victims of crimes, and their immediate family members, who have suffered substantial mental or physical abuse. The victim must have, or is willing to, assist law enforcement officers in the investigation or prosecution of the criminal activity. U-Visa recipients can legally live and work in the United States for four years.  After three years of having a U-Visa, recipients can apply for a green card to stay in the U.S. permanently. 

• Nonimmigrant Visas – If you or someone you know is planning a short trip to the United States, you generally must obtain a “nonimmigrant” or temporary visa. We can help you determine what type of visa you qualify for, and what steps you have to take to in applying for such a visa.

• Student and Exchange Program Participant Visas – If you have a residence in a foreign country which you have no intention of abandoning, and you who wish to come to the United States to pursue a course of study at an academic institution accredited by the USCIS, you may qualify for an F-1 student visa. In addition, applicants may qualify for a J-1 & J-2 Exchange Visitor Visa if they are coming to the United States to participate in a program of studies, training, research, or cultural enrichment specifically designed by the United States Department of State (DOS). Individuals who qualify under this category are trainees, scholars, professors, teachers, medical graduates, students, and trainees.

• Deferred Action for Childhood Arrivals (DACA) - The Deferred Action for Childhood Arrivals (DACA) allow some individuals who entered the United States as minors, and either entered illegally or over stayed their visa, to receive a renewable two-year period where they are deferred from deportation and are eligible for a work permit.

• Defense from Deportation and Removal - Deportation (sometimes called "removal") occurs when the federal government formally removes an alien from the United States for violations of immigration or criminal laws. This process begins with detention, often in a local detention center but it may be in any detention center.
  Once deported, an alien may not ever be allowed to return to the United States, even as a visitor.
  Removal is a legal proceeding, and an alien who is subject to this procedure has legal rights prior to being removed from the country, including the right to challenge the removal itself on procedural or constitutional grounds.

• Asylum - Asylum may be granted to people who are already in the United States and are unable or unwilling to return their home country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. To obtain asylum through the affirmative asylum process the applicant must be physically present in the United States. The applicant may apply for asylum status regardless of how they arrived in the United States or their current immigration status.