U.S. immigration law is complex and ever-changing; navigating it can seem overwhelming in the best of times, and downright impossible in the moments of deep uncertainty that often accompany immigration matters. The immigration attorneys at Robinson & Henry, P.C. understand what’s at stake in immigration cases and are here to be your ally and your lighthouse as you navigate these often choppy waters.
Whether you’re fighting to protect the life you’ve built here, or you’re in limbo, somewhere between your native country and building a life in the U.S., you can count on Robinson & Henry’s Denver based immigration attorneys, Lucas Padilla Frei and Emilie Pla. Lucas and Emilie help clients with immigration matters from obtaining visas to avoiding deportation.
We know that money is a major concern for our clients. That is why we believe in charging ethical fees. For our immigration practice we have two different fee options depending on your immigration needs. Those options are:
Visa document preparation: flat fee
Deportation hearings and appeals: hourly
Immigration issues we handle and services we provide
U.S. Work Permits (Employment Authorization Document, Form I-765)
In order to work in the United States, all workers – citizens or not – must prove their eligibility. For U.S. citizens this proof comes in the form of their U.S. driver’s license, birth certificate and/or passport. You don’t have to be a citizen, however, to be authorized to work in the United States; some immigrants and nonimmigrants are eligible to obtain a work document, formally called an Employment Authorization Document (EAD).
An EAD is a laminated card that contains basic information about the worker, including a photo, and information about the workers’ immigration status. The EAD can be submitted to an employer as proof of eligibility. Continue reading to learn more about who is eligible to apply for an EAD and the application and renewal process.
Form I-130, Family Based Petition
An I-130 is an immigration form used, and submitted, by a U.S. citizen or legal resident who is petitioning for a family member wanting to immigrate to the United States. It’s important to understand that not all family members are eligible under this petition, and that the type of family member depends on the petitioner’s immigration status – for example, a U.S. citizen can petition to bring their sibling or parent over, while a green card holder cannot.
This type of petition requires evidence – proof of the petitioner’s immigration (or citizenship) status, as well as proof that the beneficiary is related to the petitioner. Because USCIS reviews each petition rigorously, even the smallest mistake, missing piece of information, inconsistency or lack of substantial evidence causes many petitioners to have their application delayed and even denied.
Continue reading to discover how long the process takes; what the most common mistakes are and how to avoid them; what is required of the petitioner; and, how to build a strong case of evidence.
Form I-918, Petition for U Nonimmigrant Status (U Visa)
This petition is for immigrants who have been the victim of certain serious crimes and are assisting U.S. law enforcement with an investigation. Examples of a serious crime include, but are not limited to, abduction, extortion, blackmail, domestic violence, incest, FGM (female genital mutilation), murder, torture, trafficking, perjury and obstruction of justice.
It’s important to note that this provides only temporary immigration benefits to foreign nationals. The noncitizen immigrant will need a judge, police officer, prosecutor or other law enforcement official to fill out the “certification of helpfulness” as part of this application.
The noncitizen victim may also include their family in this petition by submitting Supplement A. Read more about U visas here.
Form I-360, Violence Against Women Act
This immigration form is intended to provide relief for noncitizen immigrants who are facing abuse from their spouse or parent, who is also a U.S. citizen or permanent resident. The form allows the battered person to self-petition, which is different from the normal route, where the noncitizen is reliant on the U.S. Citizen/permanent resident to change their immigration status. This new avenue now allows the victim to safely and independently change their immigration status without the abuser knowing.
The petitioner must provide evidence of the abuse (whether it was physical, sexual, emotional, economical), as well as evidence of their own “good moral character.” Those who have criminal marks on their record, like drug abuse, may be ineligible to become permanent residents. However, waivers do exist to help immigrants with “bad marks” – but the type of waiver depends on the person’s individual circumstance. Read more about form I-360/VAWA here.
R&H also helps with the following immigration matters:
- Form I-140, Immigrant Petition for Alien Worker (Employment Based Petition)
- Form I-485, Application to Register Permanent Resident or Adjust Status
- Form I-589, Application for Asylum
- I-485 Adjust Status for 245(i) (Green Card through LIFE Act)
- Concurrent filling of Forms I-130 and I-485
- Form I-601A, Application for Provisional Unlawful Presence Waiver or Form I-601, Application for Waiver of Grounds of Inadmissibility
- Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal
- Form I-751, Petition to Remove Conditions on Residence (Conditional Status Removal)
- Form N-400, Application for Naturalization
- Form I-821, Application for Temporary Protected Status
- Form N-600, Application for Certificate of Citizenship
- Form EOIR-42A, Cancellation of Removal and Adjustment of Status for Certain Permanent Residents
- Form EOIR-42B, Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents
- Help with Consular Processing
- Help with bond hearings
- Freedom of Information Act requests
- Formal Representation (Voluntary Leave or Cancellation of Removal)
- Representation for asylum seekers (asylum hearings, retention, Convention Against Torture)
- Formal Request for Fiscal Discretion (Termination or Administrative Closure)
Additional immigration resources
The 4 Biggest Mistakes U.S. Visa Holders Make: All visas have conditions that the visa holder must meet in order to stay in compliance with the law. If those conditions are violated, then the visa holder can face deportation, denial of entry (if they leave and try to return to the U.S.) and detention, not to mention that visa violations (like the examples below) stay on your immigration record permanently … Your best bet is to read your visa’s fine print, always err on the side of caution and don’t commit any of these common mistakes.
Why you Shouldn’t Hire a Notario in the U.S.: Notario publico sounds a lot like notary public, right? It’s easy to think the two are the same thing, that a notario publico in Mexico or Latin America is the same as a notary public in the United States. But there are actually major differences between the two, and U.S. immigrants should use caution when seeking help with immigration matters from a notary – or someone claiming to be a notario – in the U.S.
5 Reasons Why Green Card Holders Should Naturalize: Becoming a naturalized citizen might not be an easy process – logistically or emotionally – but citizenship comes with many benefits for LPRs … read the article to learn more.