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PRACTICE AREASImmigration Law

Family

Family-based immigration involves a process wherein a United States citizen or a permanent resident (green card holder) of the country sponsors a close family member for an immigrant visa. The sponsorship eligibility varies depending on your status:

  1. If you are a U.S. citizen, you have the opportunity to petition for your spouse, child, parent, or sibling.
  2. If you hold lawful permanent resident status (i.e., you have a green card), you can file a petition for your spouse or child.

The nature of the relationship between the petitioner and their sponsor significantly influences the priority of their green card application. The U.S. Citizenship and Immigration Services (USCIS) categorizes family-based immigration into two main groups: “immediate relatives” and “family preference.”

Immediate relatives receive unique immigration priority, benefiting from an unlimited number of available visas. This category encompasses family members such as:

  • Spouse of a U.S. citizen (IR1)
  • Unmarried child under 21 years of age of a U.S. citizen (IR2)
  • Orphan adopted abroad by a U.S. citizen (IR3)
  • Orphan adopted in the U.S. by a U.S. citizen (IR4)
  • Parent of a U.S. citizen who is at least 21 years old (IR5)

The family preference categories encompass all other eligible family relationships for a green card. Due to limited visa availability, petitioners in these categories often face a significant wait.

Defense Against Deportation

Removal proceedings, initiated by the U.S. government to assess an individual’s potential deportation, commence with the submission of a Notice to Appear before an immigration judge. To safeguard your rights and mount a strong defense against removal from the U.S., it is crucial to enlist the services of a skilled immigration attorney well-versed in removal defense right from the outset.
A strategically devised trial plan is essential when facing immigration proceedings. A deportation attorney must meticulously examine your case to ascertain which relief application(s) will provide the most effective defense strategy before the immigration court.
Cancellation of removal is a potential avenue for both lawful and non-lawful permanent residents to seek permission to stay in the United States. Only an immigration judge can grant cancellation, and once your application is submitted to the court, you become eligible for employment authorization. With this authorization, you can apply for a social security number, legally work, and acquire a state-issued driver’s license.
Asylum law is a highly intricate aspect of immigration law. In broad terms, an individual from another country may be eligible for asylum in the United States if they have experienced persecution or possess a genuine and well-founded apprehension of persecution in their country of origin.
Engaging in fraud or misrepresentation results in a lifelong ban on obtaining U.S. permanent resident status. Nonetheless, green card holders can seek a waiver in court under Section 237a(1)(H) of the Act to address alleged fraud or misrepresentation committed during their green card application process.

Humanitarian Visa

Under U.S. law, those facing threats due to natural disasters, government persecution, violence, and other urgent situations may be eligible for a humanitarian visa, providing refuge for those in danger in their home countries.

If you believe you qualify for a humanitarian visa, it’s advisable to consult with an immigration attorney as an initial step. They will evaluate your eligibility, complete necessary paperwork, gather supporting documentation, and submit your application. The processing time for humanitarian relief cases can range from 24 to 30 months, but individual circumstances may lead to variations in processing times.

Citizenship Legal Counsel

If you meet the requirements, achieving U.S. citizenship through naturalization is an exciting possibility. However, this process can be intricate. Having an adept naturalization legal team, such as the one at MCM Law Group, can provide invaluable guidance, helping you navigate the steps and ensuring you meet the eligibility criteria for naturalization.

Naturalization represents the transformative journey from lawful permanent resident to U.S. citizen, contingent upon meeting specific eligibility criteria. It commences with securing a green card and culminates in full-fledged citizenship. The Immigration and Nationality Act (INA) outlines the prerequisites for naturalization, which a proficient naturalization attorney can streamline, ensuring a smoother path to meeting these qualifications.

U.S. Citizenship Requirements at a Glance:

  • Age: Must be at least 18 years old.
  • Language Skills: Required to read, write, and speak English fluently (with exceptions).
  • Civics Knowledge: Must pass a U.S. history and civics test (with exceptions).
  • Moral Character: Must exhibit “good moral character.”
  • Physical Presence: Generally, must have been a resident of the U.S. for a substantial portion of the statutory period (usually 3-5 years of a green card term).
  • State Residency: Must be a resident of the state in which you file for at least 3 months before filing.
  • Support for Constitution: Required to support the constitution and the U.S. government.

Expert Appeals Assistance with MCM Law Group

Should an unfavorable verdict arise, rest assured that at MCM Law Group, your immigration appeals lawyer will persist in your defense. Through immigration appeals, you gain a second opportunity to safeguard your immigration status, allowing you to stay in the country where your family and livelihood are rooted. This process can remarkably alter the course of your case.

If your petition faced a denial or you experienced an unfavorable outcome in a removal defense case, our attorneys have the expertise to initiate an appeal with the Board of Immigration Appeals (BIA) in a bid to rectify an unjust decision. Your immigration appeals lawyer will comprehensively present your case to the BIA, highlighting the inaccuracies in the previous ruling. A favorable BIA decision can lead to the overturning, and sometimes even the reversal, of the prior judgment.

Navigating Immigration Waivers

Facing inadmissibility can be a distressing experience, potentially separating you from your job, family, and life in the United States. Fortunately, MCM Law Group provides a lifeline through our immigration waiver services. Our skilled attorneys can guide you through the process of applying for an immigration waiver, offering a path towards reuniting with your cherished aspects of life in the United States.

Obtaining a Green Card Through Immigration Waivers

An immigration waiver, expertly crafted by an immigration waiver attorney, seeks to mitigate the grounds for inadmissibility. These grounds encompass various factors such as health, criminal activity, fraud, prior removals, unlawful presence, and national security, among others, as stipulated by USCIS. Successfully addressing these grounds can pave the way for obtaining a coveted green card.

Comprehensive Legal Analysis

Extensive legal research and in-depth analysis are fundamental aspects of our legal practice at MCM Law Group. Our dedicated attorneys diligently investigate all facets of your case, ensuring that we are well-prepared to navigate the complexities of the legal landscape. This commitment to thorough research allows us to provide you with effective legal strategies and tailored solutions, ultimately striving for the best possible outcome in your legal matter.

Your immigration case doesn’t exist in isolation; it’s intricately connected to established legal precedents, rulings, analogous cases, and other legal authorities that can provide invaluable context for your defense. This is the essence of legal research and analysis. Our dedicated attorneys harness their extensive resources to uncover and scrutinize cases akin to yours. They leverage past rulings and precedents to construct compelling arguments, persuading the judge or Immigration Board to rule favorably in your case. Moreover, legal research occasionally entails a meticulous review of pertinent documents, often secured through the discovery process or obtained via Freedom of Information Act requests. For instance, this might involve seeking relevant police records integral to your case.

Proudly representing clients in California State Courts and Federal Immigration Courts.

We wholeheartedly empathize with the adversities our clients endure. Our unwavering commitment is to relentlessly advocate for justice which they are entitled.

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