Immigration Services

We Can Also Help You With the Following Immigration Services:

Marriage Visas (CR-1, I-130)

Fiancée Visas (K-1, I-129F)

Alien Relative Visas (I-130)

Adjustment of Status/Green Card (I-485)

Green Card Replacement and Renewal (I-90)

Work Permits (I-765)

Removal of Conditions (I-751)

Citizenship (N-400, N-600)

Consular and Port-of-Entry Process

Consular Visa Denials

Visas for Individuals of Extraordinary Ability

Appeals to the AAO/Motions to Reconsider

CONTACT THE LAW OFFICE OF VERONICA TUNITSKY TODAY!!!

MAIN LOCATION:

2425 West Loop South
Suite 200
Houston, TX 77027
713.335.5505 (Office)
713.481.8878 (Fax)

Email Me Today!

Additional Immigration Services

Again, it is not my intention to provide you with a comprehensive depiction of immigration practice, but only to give you general information as a starting point to consider your options Whether you choose me or another attorney to represent you, you should always do your homework. Be proactive about your own life! These are highly complex legal matters and you need a true advocate. Contact me today!

Adjustment of Status/Green Card Application

I can help you avoid common errors, ensure that your paperwork and supporting documents are properly submitted, and accompany you to the adjustment of status interview. I can also help you finalize the adjustment of status process if your spouse came to the United States on a fiancee (K-1) or spousal (K-3) visa.

Application to Remove Conditions on Permanent Residence

A person's permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day they were given permanent residence or were admitted to the U.S. on an immigrant visa. This is known as "conditional permanent residence" and their resident status will expire after a period of two years unless they apply to have the condition waived. As part of this application, the couple must provide evidence to show that they did not get married to evade the immigration laws of the United States.

Timing, evidence, and presentation of facts are important!

Application to Remove Conditions on Permanent Residence with a Waiver

The Application to Remove Conditions is typically filed jointly by the spouses. But what if you are no longer married and cannot file a joint application? There are solutions.

The law allows an individual to file an I-751 Application without his or her spouse if you can show:

that you entered the marriage with honesty and good intentions, but your spouse subsequently died; or
that you entered the marriage in good faith, but the marriage ended because of divorce or annulment; or
that you entered the marriage in good faith and have remained married, but have been battered or subjected to extreme cruelty by your U.S. citizen or permanent resident spouse; or
The termination of your status and removal would result in extreme hardship.

I-601 Waiver of Grounds of Inadmissibility (filed as part of an Adjustment of Status application)

In some cases, a person can apply to waive certain grounds of inadmissibility without having to depart the country as part of their adjustment of status or green card application process. In other words, if you are otherwise eligible to file for adjustment of status, but are inadmissible because of a prior criminal act or misrepresentation, you are permitted to submit an I-601 Waiver to "waive" these grounds with the USCIS.

Appeals and Motions to Reconsider of Denied I-601 Waiver Applications

If you find yourself in the unfortunate situation of having your I-601 Waiver Application denied, you will need to act quickly in deciding what to do next because the law limits the amount of time you have to file the appeal. I strongly suggest that you talk to me first to decide whether you should consider filing a Motion to Reconsider instead. Why?

Timing is one consideration. The AAO Processing Time report for November 2011 shows that the Administrative Office of Appeals is currently taking approximately 26 months to adjudicate an appeal of an I-601 Waiver Application. Can you wait that long?

Another consideration is whether you prepared the I-601 with the help of an attorney or pro se (by yourself). Did you or your former attorney prepare an effective application?

Another consideration is the length of time that it often takes for USCIS to make a decision on an I-601 case. Have your hardships become more extreme over time?

I-601 Waiver of Grounds of Inadmissibility (In-Court filing)

As with the remedy above, some individuals are also eligible to apply to have the ground of inadmissibility waived before the Immigration Court. This scenario commonly arises when a person is detained by Border Patrol or Immigration and Customs Enforcement as is placed in deportation proceedings. The government alleges that you are deportable or inadmissible because you have committed a certain crime. If, for example, you are married to a US Citizen and a visa number is readily available to you, you can apply for Adjustment of Status before the Immigration Court. As part of that application, you can also apply for an I-601 Waiver of Grounds of Inadmissibility (to waive the criminal conduct). As in the foreign-filed I-601 waiver process, the person still needs to show that denial of the waiver will cause extreme hardship to his or her US citizen or lawful permanent resident spouse, parent, or child (children are included as qualifying relatives in cases where the ground of inadmissibility is a criminal offense).

Please note that this waiver is not available if the crime is classified as an aggravated felony.

Bringing a Foreign Fiancée or Spouse to the United States

While most people opt to bring their foreign spouse to the U.S. on an immigrant visa (through the I-130 process), there are times when a K-1 visa (fiancée visa) or a K-3 visa (spousal visa) should also be considered.

Let's look at the K-1 fiancée/fiancé visa first. The K-1 visa is available for individuals who have not yet married. While certainly there are arguments that it is easier to bring a spouse to the U.S. as opposed to a fiancée, some people prefer to take this route. I cannot tell you which option to pursue, but I can certainly advise you on the pros and cons, as well as assist you with every step of the process - from the filing of the I-129 Petition with the USCIS, to the processing at the National Visa Center, to preparing for your visa interview, and at last, completing the adjustment of status process upon your fiancee's arrival in the U.S. Keep in mind that the K-1 visa has strict rules and failure to comply can incur serious consequences.

I will be brief in my discussion of the K-3 visa as it has become largely obsolete over the last few years and it is arguable whether it is still available. The K-3 visa, like the immigrant CR-1 visa, was created to assist U.S. petitioners in bringing their foreign spouses to the U.S. It became available during a time of significant governmental immigrant visa processing delays and has been phased out in response to the government's increased efficiency. While it is no longer a common route, there are some limited cases where the K-3 visa is warranted and I can certainly help you pursue this option.

Non-immigrant Waivers

Sometimes people who are inadmissible to the United States and require a waiver do not have a qualifying relative through whom they can apply for an immigrant visa or green card. Other times, the person's grounds of inadmissibility cannot be waived using the I-601 waiver, e.g., those convicted for an aggravated felony, those with false claims to U.S. citizenship, etc. These individuals could apply to come to the U.S. on a non-immigrant work, visit, or school visa. They will still need to apply for a waiver of whatever grounds makes them inadmissible.

What are the main differences between an immigrant I-601 waiver and a non-immigrant waiver?

There is no burden of proving extreme hardship to anyone.

The waiver can be recommended by the consular officer in cases where granting of the waiver is not contrary to U.S. interest.

The person is intending to come to the United States temporarily.

Challenging In Absentia Deportation Orders

What if you suddenly discover that you have been ordered deported or removed without your knowledge? As you may recall from our discussion in the I-601 section, a person ordered removed in absentia is ineligible to apply for a waiver for a period of five years after her most recent departure from the US. As well, prior orders of removal can severely complicate your adjustment of status application process since the government not only lacks jurisdiction to review the case, but also is within its right to execute the prior order.

What do you do now? Even after a deportation order, an experienced lawyer may be able to help you reverse the deportation order.

Common Reasons to Challenge an In Absentia Order of Removal

The person did not receive notice of the deportation hearing.
Conditions in the person's home country have changed, and it would be serious hardship for the immigrant to return to the home country.
Unusual circumstances exist such that the government should agree to reopen the deportation case even though neither of the above situations exist.

Cancellation of Removal

For most undocumented people in the U.S., their worse fear is to be arrested and detained. As we know, sometimes this is just unavoidable when they are arrested as part of a traffic stop or detained because of other reasons and placed in removal proceedings before an immigration judge.

"Cancellation of removal" is exactly what it sounds to be: it is a defense or a reason to stop the government from moving forward with the deportation. If you are eligible to apply and provide sufficient reasons to stop the deportation, the Immigration Judge may cancel removal proceedings against you and grant you permanent residence.

Two types of Cancellation of Removal: Cancellation for Permanent Residents and Nonpermanent Residents?

A nonpermanent resident has to show:

Continuous presence in the U.S. for at least 10 years;

Good moral character;

No convictions for certain criminal offenses;

Demonstrate that removal would subject a qualifying relative to extreme and unusual hardship

NOTE: the burden of proof in these matters is "extreme and unusual hardship" as opposed to "extreme hardship" in I-601 waiver cases, which is significantly more difficult to demonstrate.

A permanent resident has to show:

That he has been a lawful permanent resident for not less than five years prior to application;
That he has resided in the US continuously for seven years after being admitted in any status;
That he has not been convicted of an aggravated felony

NOTE: This remedy is available for individuals who are in removal proceedings only.

Naturalization/Citizenship

For most people, U.S. citizenship is the ultimate goal of an often complicated journey. It would be my honor to accompany you on this last and arguably the most distinguished step.