hispanic couple

Posted by & filed under Immigration Law.

You happily married your spouse who is not a United States citizen and, in fact, has not even entered the country yet. You are an immigrant yourself having come to this country and are now a permanent resident. What do you need to do to bring your spouse home to you? The smart thing to do is contact a reputable immigration attorney to guide you.

The immigration laws are created so that certain family members of lawful permanent residents and US citizens can obtain a visa to come to the United States and become permanent residents. Once you and your spouse are married, you or your attorney must file a Petition for Alien Relative (Form I-130). Regardless of who files it the form must be filled out by the legal resident applying to bring his or her spouse into this country.   The purpose of Form I-130 is:

 

  • to make sure the petitioner is qualified to sponsor another person by either being a US citizen or legal resident themselves, and
  • the spouse is in fact related to the petitioner
  • the marriage must be legally recognized in the country or state where the ceremony was performed and must be a valid marriage not one just for immigration purposes

marriage_visa_immigration_imgIt should be noted at this time the United States does not allow polygamy or recognize homosexual marriages as valid. Anyone found to marrying someone just to bring them into this country might face criminal charges themselves and their spouse would be permanently banned from entering the US.

Even though the process is started by the filing of visa petition Form I-130 it does not give the immigrant spouse the right to enter the United States or guarantee they will be eligible for a green card.

Depending on the circumstances, the process may be relatively quick while in the more complicated situations there are many more hoops involved.

For instance if the immigrant spouse lives overseas they can begin the procedure of applying for the green card immediately after the Form I-130 is completed. If the immigrant spouse is already living in the United States lawfully the Form I-130 and Adjustment of Status, (AOL Form I-485) can be filed simultaneously without having to wait for Form I-130 approval.

This procedure does not work for spouses of US citizens who have entered the country illegally. For them the process is much more complicated. Whichever way you choose there are many things that can go wrong. That is why using a good immigration law firm like the Cruz Law Office to guide you through the process is highly recommended. The stress of becoming the citizen of another country is hard enough. Why not make it easy on yourself.

Happy Asian family.

Posted by & filed under Immigration Law.

Many immigrants visiting the United States either legally or illegally are under the misconception that bearing children in this country automatically qualifies them for legal status as well. Nothing could be farther from the truth. The truth is any child born in this country, unless they are a child of a foreign diplomat or a Native American sovereign tribe, are entitled to citizenship under the 14th Amendment of the Constitution. However, their parents are not included in that Amendment.

immigrant_family_with_us_and_non_us_citizen_children-resized-600Because a child born here is a US citizen, he or she can petition to bring his parents into the country when they are 21 years old. A child younger than this age is of no benefit. One of the requirements of petitioning on behalf of their parents is that they must be able to prove they have enough income or assets to support them once they enter the country. They begin the process by filing Form I-130 proving their relationship with their parents. If their parents are already in the country legally, they can simultaneously file Form I-485 used to adjust an immigrant’s status to permanent resident.

This post explains in more detail everything you need to know about the requirements to petition for a green card for your parents from within the U.S.

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US-Mexico_Fence_Mexican_family_on_US_side

Posted by & filed under Immigration Law.

With all the rhetoric going on about amnesty for immigrants put out by the White House and supported by President Barack Obama, it still may be months if not years before the “memo” works its way through the court systems and becomes a reality. Does that mean there is no hope for those immigrants whom entered the country without inspection? Not necessarily.

U.S. Customs And Border Protection Secures Tex-Mex Border From Land, Air and SeaMany of the privileges that apply to immigrants who came to this country on a Visa or some other legal means may not apply to those suspected of entering the US illegally. But there is still hope for those who did not pass inspection, are good people, work hard and either have made this country their home or want to make it their home. Many immigrants are under the impression that if they have children in this country, and the children turn 21, they can apply for their parents to have legal residency. It is not so easy. In some cases, an immigrant may qualify for counselor processing if they have a “qualifying relative” who could file a waiver on their behalf. A “qualifying relative,” unfortunately cannot be their child but rather must be a spouse or parent.

There is another possible exemption for parents, however, under section 245i a provision of the Legal Immigration Family Equity Act (LIFE Act) in certain cases. First, the parent must qualify for admission under sections of the Immigration and Nationality Act, which deals with inadmissibility. The parent must never have been deported or given voluntary departure and then re-entered the United States although a waiver may be possible if they entered the country with fraudulent documents and were caught at the border. One must never have committed a crime in this country. Because there are so many other factors that determine a parent’s eligibility it is important to talk to a professional immigration firm like Cruz Law Offices to help with the process.

The key to using section 245i of the immigration code is that someone must have filed a petition on your behalf prior to April 30, 2001 for you to have permanent residency in this country. Perhaps an old employer, friend or family member began the process and never followed through.

Sometimes this takes a jogging of the memory since many years may have passed since an event like this occurred. Sitting down with professionals at the Cruz Law Firm and submitting to complete and through questions about your background may be the answer to your prayers. In that case, it will not matter what the courts decide about the current Executive order. More on Immigration in San Diego Spanish.

Posted by & filed under Immigration Law.

immigration attorneys in san diegoWhen it comes to choosing immigration attorneys in San Diego, or anywhere else for that matter there are obviously many choices and we know that.  Today many lawyers, like doctors and other professionals, specialize in certain areas of the law.  Our specialty, and one of which we are very proud, is US Citizenship and Immigration services.  There is a reason we chose this particular area of the law.  The head of our office, attorney Narciso Delgado-Cruz was born in Mexico and migrated to the United States with his family legally in the 1980’s.  But because of the hardships endured by Mr. Cruz and his parents during the naturalization process, he became motivated to become an attorney so he could help others avoid what he and his parents had encountered.

By now his deep-seated interest in migration and helping families, businesses and individual immigrants realize their dream in becoming American citizens, has given him and his law firm the experience needed to help people achieve their goal.  Among some of the many immigration policies practiced by his office is “The Dream Act“, signed by President Barack Obama in 2012.  A call for deferred action against certain undocumented immigrants who entered this country illegally as children but have sense pursued either education or military service.  Their deferred status allows them to apply for a work permit for a two-year period.  The following is the necessary criteria to apply for permits:

  • They have to prove they arrived in the US under the age of 16
  • They must have resided in the US from June 15, 2007 to present
  • Entered the United States without inspection before June 15, 2012, or had lawful immigration status expired as of June 15, 2012
  • Physically present in the United States on June 15, 2012, and at the time of making the deferred action request
  • Currently in school, have graduated from high school, have obtained a GED, or have been honorably discharged from the Coast Guard or armed forces
  • Have not been convicted of a felony, a significant misdemeanor, or more than three misdemeanors and do not pose a threat to national security or public safety

There are those who have other issues to worry about, for instance being deported.  The Cruz Law Firm understands the physical and emotional stress involved with having to leave perhaps the only country they have ever known.  We are experienced in fighting for our clients and providing them with the best legal representation in the County.  Because of our experience, professionalism and contacts within the immigration system we are in a position to provide our clients the best representation available.  These are some of the reasons a client may need a defense for deportation:

  • The client has entered the country illegally
  • They neglected to get a proper Visa
  • They have stayed beyond their allotted time
  • The client is accused or have in fact committed a crime such as DUI, driving with no license, domestic violence, drugs, etc

There is crime in every country including the United States.  In 2000, there was the introduction of the U Visa, which entitled non-US citizens to be afforded certain protections if they had become a victim of a crime.  The Cruz Law Firm is very familiar with this act and defends any victims vigorously if they qualify.

We all hear of the green card awarded by the United States to those immigrants wanting to reside permanently in the United States but maintain their own citizenship.  A good law firm can make this process a lot smoother than trying to do it alone.

When it is time and the client is ready, we can help with the Citizenship and Naturalization process necessary in helping them become a full United States resident.

On November 20, 2014 Obama introduced DAPA (Deferred Action for Parents) which temporarily protects the parents of their children who, by law, became United States Citizens when they were born in this country.  Not only does it defer deportation for the parents, but it allows them to apply for permits to legally work in the US during this temporary period.

If you or any family member has any kind of immigration issues, regardless of nationality, the Cruz Law Firm can help.  Do not try to fight US government bureaucracy alone.  Join the winning team and let them shoulder the burden. Read About Immigration Assistance in Spanish.

Posted by & filed under Immigration Law.

The Republican Party next year will be working to implement immigration reform, and it is ready to accept that millions of undocumented immigrants in the country should not be deported, House Rules Committee Chairman Pete Sessions said, ABC News…

Source: www.newsmax.com

Both Parties, Democrats and Republicans should work hand by hand to approve an Immigration Reform that will be both beneficial for  our country and for the millions of people who work so hard every day to make this a better country and provide for their families but don’t have any legal status and live in frighten of being deported every day. Visit Abogados de Inmigracion San Diego if you are looking for immigration assistance in Spanish.

Posted by & filed under Immigration Law.

The administration must balance broader eligibility while shying away from overreach that could nix action.

Source: www.washingtonpost.com

Obama’s actions are the first step for a group of steps which will lead to an Immigration Reform and allow many many people who for years have been complying with our country’s laws and had an exemplary civil conduct.

http://abogadosinmigracionsandiego.com/

Posted by & filed under Immigration Law.

Emboldened by President Barack Obama’s recent executive order to spare some immigrants from deportation, Democrats, immigration groups, and health care advocates in California are pushing for expanding immigrant health care coverage.

http://abogadosinmigracionsandiego.com/

Source: www.latinpost.com

Thanks to the state of California for being always one step ahead and understanding that health care is not a luxury but is most needed for everyone regardless of their income, race or nationality.

http://abogadosinmigracionsandiego.com/

Posted by & filed under Immigration Law.

 

President Barack Obama is telling the American people that the time to change the nation’s immigration system is now, and he’s taking action to make that happen. In a nationally televised…

Source: www.youtube.com

Our President’s speech on the new immigration changes for those people who have stayed in this country for over 5 years and meet with the following requisites:

 

Posted by & filed under Immigration Law.

narcizo cruz inmigración san diego

Los abogados de Inmigracin en San Diego son los abogados ms competentes y profesionales que hay en todo San Diego. Yo presente mi caso a los abogados de inmigracin de San Diego, un caso muy difcil y que en otros estados de los Estados Unidos de Amrica me haban dicho que no era posible resolver.

Los abogados de Inmigracin de San Diego me dieron algo de esperanza cuando dijeron que podan revisar el caso profundamente y tratar de buscar alguna solucin. Despus de una semana de que los abogados de Inmigracin de San Diego estuvieron analizando mi caso y en contante comunicacin conmigo, me dijeron que haba una posible solucin para el caso, que iban a indagar ms y que en un da me daran respuesta. Finalmente encontraron una solucin real y satisfactoria y enseguida los contrate para que empezaran a trabajar. Todo el tiempo que emplearon en mi caso esa semana era tiempo de consultacin y todo fue gratis, no tuve que pagar un cntimo hasta que los contrate para que resolvieran mi caso
Esta es la confesin de un cliente satisfecho por los servicios prestados por los abogados de inmigracin de San Diego. Gracias a los abogados de inmigracin de San Diego este cliente pudo permanecer y trabajar legalmente en los Estados Unidos para lograr, lo que todos vienen en busca a los Estados Unidos, El Sueo Americano. Como a este cliente los abogados de inmigracin de San Diego ayudan a otras miles y miles de personas todos los das, debido al crecimiento de la emigracin hacia los Estados Unidos.
San Diego, California es una de las ciudades con mayor ndice de emigracin de los Estados Unidos. Cada da ms y ms personas de todas partes del mundo emigran hacia los Estado Unidos en busca de una vida mejor. Muchas de estas personas tienen suerte y consiguen sus papeles de una forma u otra, pero muchos no lo consiguen. Muchas de las personas que no consiguen sus papeles se quedan ilegal, trabajando a escondidas o por detrs del teln como normalmente decimos para ayudar a sus familias quienes estn viviendo en psimas condiciones en otros pases. Muchas de estas personas son encontradas por la polica de inmigracin y deportadas para sus pases de nacionalidad. Muchos regresan y cruzan ilegalmente otra vez con el sueo de una mejora en la calidad y la forma de vida en sus vidas. Miles de personas como estas son ayudadas diariamente por abogados de inmigracin en San Diego. Ese es el mayor objetivo y especializacin de todos los abogados de inmigracin en San Diego.
El objetivo de los abogados de inmigracin en San Diego es ayudar a inmigrantes quienes van a ser deportados o necesitan papeles para poder quedarse en los Estados Unidos. Los abogados de inmigracin de San Diego se encargan de revisar y analizar su caso profundamente y buscar soluciones para que inmigrantes ilegales puedan permanecer en Los Estados Unidos. Un 95% de los casos asumidos por abogados de inmigracin en San Diego son resueltos satisfactoriamente a favor de los clientes todos los das. Estos buenos resultados son debido a la experiencia que los abogados de inmigracin en San Diego han adquirido a lo largo de los anos ayudando a muchsimos inmigrantes. Debido al alto ndice de inmigracin en San Diego, los abogados de inmigracin en San Diego son los abogados ms experimentados y competentes para resolver casos extremamente difciles de resolver y ayudar a miles de inmigrantes con el sueo de poder trabajar y vivir en los Estados Unidos legalmente.