Family-Based Immigration
We represent many clients who would like to sponsor their relative(s) to become lawful permanent residents of the U.S. U.S. citizens may apply for their spouses, parents, and children, including married sons and daughters.  Lawful permanent residents may apply for their spouses and unmarried children.  For spouses, parents, and children under 21 of U.S. citizens (Immediate Relatives), there is an unlimited number of visas available.  However, for applicants in the other categories, the Department of State issues a limited number of visas each year and applicants may be waiting for several years or more before becoming a lawful permanent resident.

Consular Processing: In some cases, the U.S. government requires that intending immigrants return to their home countries to receive an immigrant visa from a U.S. consulate or embassy abroad. Persons who have entered the U.S. illegally and do not have a petition filed on their behalf before April 30, 2001 generally must "consular process" their cases. If a person has resided unlawfully in the U.S. for over one year, they may be subject to a ten-year bar to reentry after exiting the U.S. There is a waiver of this bar to re-entry, and it must be applied for at the consulate abroad. Our firm has handled numerous cases of this nature and we are one of the leading experts in consular processing of cases through Ciudad Juarez, Mexico in Oregon. We have received waivers in almost every case that we have filed over the past nine years, even in very difficult cases. Waiver cases are currently complicated and require a significant amount of work and understanding in order to be granted. The applicants must show "extreme hardship" to their U.S. citizen spouse or parents in order to qualify for the waiver. Therefore, each waiver application must be constructed with care and individualized to fit the facts of each client's case. We take these cases very seriously, and for this reason we have had a great deal of success in obtaining waivers for our clients.

V Visas: The V Visa was created by the LIFE Act that President Clinton signed into law on December 21, 2000.  A V Visa is a non-immigrant visa that spouses and children under 21 of lawful permanent residents may qualify for if their petition for alien relative (Form I-130) was filed with the CIS on or before December 21, 2000 and if they have been waiting for three or more years and have not yet been granted permanent residence status.  The V Visa allows the applicants to come to live and work while they are waiting for their immigration process.

K Visas: Another category of the K Visa was created by the LIFE Act.  A K Visa is a non-immigrant visa that spouses (K-3 Visa) and children under 21 (K-4 Visa) of U.S. citizens may qualify for to be able to come to the U.S. while waiting for their immigration process. The K visa requires that the person applying for his/her fiancee to come to the U.S. have met the fiancee in person within the last two years prior to filing the application. Persons who are afraid to fly or cannot meet their intending spouses for other reasons can ask for an exemption to this requirement, however they are very difficult to obtain. Generally the CIS office will not accept the fact that a person has a fear of flying as a reason for not meeting one's intended spouse in person.

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Employment-Based Immigration
We represent clients, both employers and prospective employees, applying for permanent residence status through their employment.  There are several categories of persons who qualify for employment-based applications.  Some of the categories require a labor certification application be filed with the Department of Labor before filing the application with the CIS.  Most Employment-Based applicants must not have accrued more than six months unlawful presence in the U.S. in order to qualify for legal permanent residence status.  If a person has resided unlawfully in the U.S. after the expiration of his/her visa for over six months, that person will not be eligible to apply for legal residence status in the U.S. If and when the person leaves the U.S. to apply for their legal residence status, he/she will be subject to a three year bar to reentry. If the person resides over one year in the U.S. unlawfully, he/she will be subject to a ten-year bar to reentry. Therefore, the employment-based visa option may not be a viable option for those who are currently residing unlawfully in the U.S., even if the person is otherwise qualified for the visa.

EB1:

Persons of extraordinary ability in the sciences, arts, education, business, or athletics .
Applicants in this category must have extensive documentation showing sustained national or international acclaim and recognition in the field of expertise.  Such applicants do not have to have a specific job offer so long as they are entering the U.S. to continue work in the field in which they have extraordinary ability. Such applicants can file their own petition with the CIS, rather than through an employer. We have successfully represented a number of extraordinary abililty applicants. We have represented at least one famous poet, a number of famous athletes and other extraordinary individuals who have decided to move to the U.S. to pursue their careers.

Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally
No labor certification is required for this classification, but the prospective employer must provide a job offer and file a petition with the CIS.

Certain executives and managers who have been employed at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer
The applicant must be coming to work in a managerial or executive capacity.  No labor certification is required for this classification, but the prospective employer must provide a job offer and file a petition with the CIS.


EB2:

Professionals Holding Advanced Degrees, or Persons of Exceptional Ability in the Arts, Sciences, or Business
All Second Preference applicants must have a labor certification approved by the Department of Labor, or Schedule A designation, or establish that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program.  A job offer is required and the U.S. employer must file a petition on behalf of the applicant.  Applicants may apply for exemption from the job offer and labor certification if the exemption would be in the national interest, in which case the applicant may file the petition, Form I-140, along with evidence of the national interest.  There are two subgroups within this category:

(1) Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession; and

(2) Persons with exceptional ability in the arts, sciences, or business.  Exceptional ability means having a degree of expertise significantly above that ordinarily encountered within the field.


EB3:

Skilled Workers, Professionals Holding Baccalaureate Degrees and Other Workers
All Third Preference applicants require an approved I-140 petition filed by the prospective employer. All such workers require a labor certification, or Schedule A designation, or evidence that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program.  There are three subgroups within this category:

(1) Skilled workers are persons capable of performing a job requiring at least two years of training or experience;

(2) Professionals with a baccalaureate degree are members of a profession with at least a university bachelor's degree; and

(3) Other workers are those persons capable of filling positions requiring less than two years' training or experience.


EB4:

Special Immigrants

Applicants must be the beneficiary of an approved I-360, Petition for Special Immigrant, except overseas employees of the U.S. Government. There are six subgroups:

(1) Religious workers coming to carry on the vocation of a minister of religion, or to work in a professional capacity in a religious vocation, or to work for a tax-exempt organization affiliated with a religious denomination;

(2) Certain overseas employees of the U.S. Government;

(3) Former employees of the Panama Canal Company;

(4) Retired employees of international organizations;

(5) Certain dependents of international organization employees; and

(6) Certain members of the U.S. Armed Forces.

EB5:

Employment Creation Investors
Applicants must invest between U.S. $500,000 and $1,000,000, depending on the employment rate in the geographical area, in a commercial enterprise in the United States which creates at least 10 new full-time jobs for U.S. citizens, permanent resident aliens, or other lawful immigrants, not including the investor and his or her family.

Labor Certification Applications
For those categories that require an approved labor certification application, the prospective employer must go through a recruitment process and prove to the Department of Labor that no U.S. workers were qualified for and willing to accept the job offered.

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Non-Immigrant Visas
There are many types of non-immigrant visas available.  Visas may be available to come to the U.S. to work, attend a university, or just to visit.

H-1B: Visas H-1B Visas are for those who wish to come to the U.S. temporarily to work in a specialty occupations or as a fashion model.  Fashion models must show they are of distinguished merit and ability.

Student Visas : There are several types of non-immigrant student visas including the F, J, and M Visas.

• F-1: Students may apply to come to study in the U.S. under the F-1 Visa category. Applicants must prove that they have sufficient funds to support themselves during their stay and to pay for the school program.  Students apply for the F-1 Visa to study a specified program at a specified school.
  
  
• J-1 Waiver Applications: Some students who come to the U.S. on J-1 Visas are subject to a two-year home residency requirement after they complete their program.  Some students may be able to apply for a waiver of that requirement if they wish to change or adjust their status in the U.S.

Artists and Athletes: The O Visa is available to those who wish to come to the U.S. temporarily who have extraordinary ability in the sciences, arts, education, business or athletics.  This ability must be demonstrated by sustained national or international acclaim.

The P Visa is available to athletes and group entertainers, artists or entertainers in a reciprocal exchange program, or artists or entertainers who are involved in a culturally unique program.

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Asylum
We are proud to represent people who are seeking asylum in the U.S. because they are afraid to return to their country.  We represent those applying for asylum with the CIS as well as those who are applying for asylum in Immigration Court. In order to qualify for asylum, a person must show that he or she has been PERSECUTED on account of one of five categories: race, religion, ethnicity, nationality or membership in a social group. We have successfully litigated numerous cases in this area. Our clients have been able to establish their eligibility for asylum based on being persecuted due to their religious beliefs, ethnicity, race and nationality. In addition, "membership in a social group" can refer to being a member of a group such as someone who is persecuted for one's sexual orientation, or someone who is being abused by one's spouse or partner when the government was not willing to intervene on behalf of the abused party, or other similar groups. Each case is unique and needs to be reviewed in its entirety to determine whether a person should make an application for political asylum.

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Deportation/Removal Proceedings
We represent clients who are in removal or deportation proceedings both in Immigration Court and, for appeals, with the Board of Immigration Appeals.

We also have experience representing clients with immigration-related matters in the U.S. District Court of Oregon and the U.S. Court of Appeals for the Ninth Circuit.

Our firm has successfully litigated cases in the Ninth Circuit Court of Appeals that have established the law in our area of the country. In Tokatly v. Ashcroft, we successfully argued that the Immigration Service (now called "CIS") must look to the record of conviction in order to deport people. Before that decision, the Immigration Service would call people into their office and question them about their behavior without any right to counsel or other assistance. This was a very important decision that preserved the rights of immigrants to be free from the fear that they could be questioned by Immigration Officials at any time and without warning. In Tapia, we argued that a person who has been returned to their country of origin at the border was not barred from showing the length of time they lived in the U.S. in order to request certain forms of relief. The Court of Appeals agreed with our position, clearing the way for numerous people who truly deserve to be residents and good citizens of this country, such as Mr. Tapia himself, to become legal permanent residents. Mr. Tapia was granted legal residence status last year so that he could remain in the U.S. with his wife and children.


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Naturalization/Citizenship
After being a lawful permanent resident for five years (or three years if married to a U.S. citizen), a permanent resident may apply to become a naturalized citizen of the U.S. Applicants must meet physical presence requirements in the U.S. and show good moral character.  They must also be able to speak, read and write English and demonstrate their knowledge of the history and government of the U.S.

If you have been a legal permanent resident for over 15 years and are over 55 years of age, you are not required to know the English language portion of the exam. You also do not have to read or write in English. You must however learn the civics portion of the exam. You are also exempt from this requirement if you are 50 years of age and have been a legal permanent resident for over 20 years.

You can also apply for a medical waiver of the exam requirement if you have a medical condition that does not enable you to learn the English or Civics portion of the exam. You must get an opinion from a medical expert.

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Fiancé/Fiancée petitions
The K-1 Visa is available to fiancées of U.S. citizens who are coming to the United States to get married within 90 days of arrival. The K-2 Visa is available to the children under 21 of the fiancée.

The fiance petition is usually processed faster than the marriage petition and therefore is often the visa of choice for those who have not yet taken the step of entering into a marriage. Some consulates and embassies abroad also allow open appointments for fiance visa petitioners. This can significantly cut down on the processing times of getting the visa.


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NACARA
The Nicaraguan and Central American Relief Act was passed in 1997.  One section of this law allows for certain citizens/nationals of Guatemala, El Salvador, and some eastern European countries who entered the U.S. and filed asylum applications by a certain date and who have been continuously residing in the U.S. for at least seven years to apply for permanent residence in the U.S.  Spouses and children of NACARA applicants may also be eligible to apply for legal residence status if they qualify.


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Diversity Visa Lottery
Each year the Department of State holds a lottery and randomly selects applicants from the qualified entries who are then eligible to apply for permanent residence status in the U.S.  The Diversity Visa Lottery Program is open to persons from countries with low rates of immigration to the U.S. The Department of State usually accepts entries for the lottery during the month of October each year.


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LIFE Act
The LIFE Act, or Legal Immigration Family Equity Act, became law on December 21, 2000.  Its provisions include an extension of INA § 245(i), new V and K Visa categories, and some provisions to help late-amnesty applicants.

• V Visas: The V Visa was created by the LIFE Act that President Clinton signed into law on December 21, 2000.  A V Visa is a non-immigrant visa that spouses and children under 21 of lawful permanent residents may qualify for if their petition for alien relative (Form I-130) was filed with the CIS on or before December 21, 2000 and if they have been waiting for three or more years and have not yet been granted permanent residence status.  The V Visa allows the applicants to come to live and work while they are waiting for their immigration process.
  
  
• Legalization: Persons who filed before October 1, 2000, for class membership in one of three "late amnesty" lawsuits (CSS v. Meese, LULAC v. CIS, and Zambrano v. CIS) and who are eligible under the LIFE Act's amended legalization provisions may be able to apply to adjust their status.
  
  

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Waivers
There are various waivers that applicants for permanent residence may need to apply for with the CIS or the Immigration Court.  Waivers may be needed for criminal convictions, unlawful presence or for previous immigration violations.

The most common waiver that we request at our law office is for Mexican Nationals who are married to U.S. citizens, many of whom have U.S. citizen children as well. We process numerous cases through the U.S. consulate in Ciudad Juarez, and many of these require a request for a waiver of unlawful presence in the U.S.  The law currently states that a person who has resided in the U.S. for over one year and exits the country is subject to a ten-year bar to reentry. People married to U.S. citizens can apply for a waiver of the ten-year bar. The waiver is applied for at the consulate abroad and is adjudicated by CIS officials located at the consulate or at another CIS office abroad. The waivers are currently taking approximately one year for approval and interview before the immigrant spouse is allowed to reenter the U.S.

Waivers of unlawful presence require a showing of extreme hardship to the U.S. citizen spouse in order to be granted. Significant documentation should be provided to prove the hardship to the spouse.

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Adoption
Parents may apply for adopted children to become lawful permanent residents of the U.S.  The process differs depending on whether the child adopted is classified as an orphan or not.

Children who are over the age of 15 are not eligible to become legal residents based on an adoption unless they have a younger sibling who is also adopted with them. Children who are under 18 but over 15 may need to apply to a juvenile court in order to become Special Immigrant Juveniles if they are abandoned youths and are not eligible to obtain legal residence through their adoptive families.

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VAWA
Under the Violence Against Women Act, abused spouses and children of U.S. citizens and lawful permanent residents may be able to petition for themselves to become legal in the U.S. and not have to rely on the abusive spouse or parent to apply for them.

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TPS
Temporary Protected Status is available to citizens and nationals of countries that the U.S. government lists as countries whose residents may be temporarily unable to return to because of armed conflict, environmental disasters, or some other extraordinary condition.  If granted TPS, the person will be allowed to live and work in the U.S. for the period designated by the U.S. government.

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Opinion Letters
We are happy to write opinion letters for clients analyzing the immigration consequences of a criminal arrest or conviction or for any other immigration-related legal issue.

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