Removal of Conditions on Permanent Residency

If you obtained conditional resident status through marriage, you can apply to remove the conditions on your residence. If you fail to petition to remove the conditions, you will automatically lose your permanent resident status as of the second anniversary of the date on which you were granted conditional status, and you will become removable from the United States. If you are still married at the time you apply to have the conditions removed, you must apply jointly with your spouse, during the 90 day period immediately before your conditional residence expires.

You may apply for a waiver of this joint filing requirement if:

  • You entered the marriage in good faith, but your spouse subsequently died; or
  • You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment; or
  • You entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your petitioning spouse; or
  • Your conditional resident parent entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your parent's U.S. citizen or permanent resident spouse or by your conditional resident parent; or
  • The termination of your status and removal would result in extreme hardship. If you are filing with a request that the joint filing requirement be waived, you may file at any time after you are granted conditional resident status and before you are removed from the U.S. 

Petition for Alien Relative

If you are a citizen or lawful permanent resident of the United States who wants to petition a family member for lawful permanent residence, you must first establish your relationship to the alien relative(s) who wish to immigrate to the United States (see Family Petitions). While you may petition more than one alien relative, a separate form must be filed for each.

Filing a Petition for Alien Relative and getting it approved by USCIS is only the first step in your relative's journey towards lawful permanent residence.   Your eligible relative must still wait for a visa number to become available before they can apply for a Green Card.  If, however, you are a U.S. citizen and your eligible relative is what USCIS considers an "immediate relative," (i.e. spouses, unmarried children under the age of 21, and parents of U.S. citizen petitioners 21 or older), your eligible relative may apply for this Petition for Alien Relative and the Green Card simultaneously.  Keep in mind, though, that USCIS may approve one and deny the other.  

If you are considering petitioning a foreign relative, contact us today. We would be happy to answer any of your questions and guide you through the process.

Marriage and Fiance Visas

At The Toribio Law Firm, our Fiancé Visa Lawyers assist clients petition for fiancés and spouses whether they are already physically present in the United States or presently residing outside of the United States. The below is a brief outline of the fiancé and marriage visa process for aliens residing outside of the United States. For a description of the process for your fiancé or spouse who has already entered the United States please reference our adjustment of status reference addressing that alternative process.

K-1 VISA FIANCÉ VISA

K-1 visas permit U.S. citizens to bring their foreign fiancés into the United States in order to marry. Under a K-1 visa, your foreign fiancé is allowed to reside and work in the United States. Once your fiancé enters the U.S., you and your fiancé have 90 days to marry and apply for permanent residency.

In order to obtain a K-1 visa, certain requirements must be met, such as:

  • The petitioner must be a U.S. citizen
  • Both you and your foreign fiancé are free to get legally married
  • You met your fiancé within the past two years
  • Both you and your fiancé have intentions to marry within 90 days of your fiancé’s arrival in the U.S.
  • You meet the minimum income/financial requirement
  • Your fiancé does not meet any criteria that render him/her inadmissible to the U.S.

K-2 visas are available for your fiancé’s children who are under the age of 21 and not married.

Contact our Marriage and Fiancé Visa Attorneys. If you need to obtain a K-1 or marriage visa, it is extremely wise to hire an experienced immigration attorney to help you with your petition. One mistake or omission on your petition can cause a delay or denial of your fiancé or spouse’s visa. At The Toribio Law Firm, we will guide you through the application process, and help you fill out forms, submit documents, review your petition, and answer any questions or concerns you may have. We know first hand the many benefits U.S. citizenship can bring, and therefore work relentlessly to make sure you obtain the visa you need to remain with your loved ones.

MARRIAGE VISAS: K-3 VISA, CR-1, IR-1

Marriage Visas permit the spouses of U.S. citizens to lawfully enter and reside in the United States. Historically, many of these visas processed were K-3 visas which allowed the immigrant spouse to enter the Unites States in order to complete the immigration process. However, currently, K-3 visas are no longer being processed for a variety of reasons. Instead, Marriage Visas are currently processed as either CR-1 (Conditional Resident) or IR-1 (Immediate Relative ) Visa. The sole difference between these visas is the amount of time you have been married. If you have been married for two years or more at the time the visa is issued then you will receive an IR-1 visa. However, if you have been married for less than two years at the time of issuance then a CR-1 Visa will be provided.

Contact Us

Contact our marriage and fiancé visa attorneys and immigration lawyers at The Toribio Law Firm today for an initial consultation.

Work Visas

There are a variety of USA work visas available to individuals seeking to come to the United States to work. At The Toribio Law Firm, we provide comprehensive legal services to those wishing to obtain the following types of work visas:

B-1 VISAS: TEMPORARY BUSINESS VISITOR VISAS

B-1 visas permit visitors from foreign countries to temporarily come into the United States for legitimate business, commercial, and work-related purposes.

H-1B VISAS: PROFESSIONALS IN SPECIALTY OCCUPATIONS

H-1B visas allow professionals to come to the United States to work in a field that requires a specialization or a special skill. In order to be granted an H-1B visa, the applicant must have at least the equivalent of a U.S. bachelor’s degree, and the job that they are applying for must require at least a bachelor’s degree or its equivalent. The applicant must also have a sponsoring U.S. employer that is willing to hire the applicant temporarily, pay him/her the required wage, and file a petition with immigration.

H-2B VISAS: SEASONAL NON-AGRICULTURAL WORKERS

H-2B visas permit business owners to hire foreign workers to perform seasonal, peak-load, intermittent, or one-time only work that is non-agricultural. Business owners and employers must prove that there are no U.S. workers available or willing to do the job. Similar to the H-1B visa, applicants need a U.S. employer to sponsor them and be willing to pay them the required wage.

L VISAS: INTRA COMPANY TRANSFERS

Under an L visa, foreign-based executives, managers, and employees with a specialized skill can be transferred to a division, affiliate, subsidiary, or parent branch of an international company in the United States. The L visa is very popular as it provides a work permit to the spouse of the transferred foreign worker and can ultimately lead to a green card in the U.S.

O VISAS: PERSONS OF EXTRAORDINARY ABILITY

O visas are issued to foreign artists, athletes, entertainers, scientists, educators, and business people of extraordinary ability who wish to temporarily come to the United States to work in their field of achievement. O-1A visas are issued to scientists, business people, educators, or athletes. O-1B visas are issued to visual, performing, and literary artists, such as musicians, writers, singers, actors, artists, directors, photographers etc.

P VISAS: PROFESSIONAL ARTISTS, ATHLETES, AND ENTERTAINERS

P-1 visas are issued to artists, athletes, and entertainers who wish to temporarily perform or compete — either solo or on a team — in the United States at a specific event. P-2 visas are issued to athletes and entertainers who are participating in a reciprocal exchange program. P-3 visas are issued to artists and entertainers who wish to perform, share, coach, or teach their talents in a cultural program.

R VISAS: RELIGIOUS WORKERS

R visas are issued to foreign religious workers who wish to temporarily enter the United States. A religious worker is considered a person who is continually engaged in an activity that is related to a traditional religious function, such as nuns, monks, cantors, liturgical workers, brothers, religious translators, missionaries, catechists, etc.

TN VISAS: MEXICAN AND CANADIAN WORKERS

TN visas are available to skilled workers from Canada and Mexico under the North American Free Trade Agreement (NAFTA). TN visas permit Canadian and Mexican citizens to temporarily enter the U.S. to work in a NAFTA approved occupation. TN visas are often used by Canadian or Mexican nationals to avoid the H1-B cap or other difficulties with the H1-B category.

Contact Us

If you would like more information regarding any type of USA work visas or work permits, do not hesitate to contact our immigration attorneys at The Toribio Law Firm, PL for an initial consultation today.

Deportation Defense

 

At The Toribio Law Firm, we represent immigrants and foreign visitors who are at risk for deportation or removal in immigration courts throughout the United States. We have a thorough understanding of the deportation process and represent individuals in immigration court before immigration judges on a daily basis. It is our number one priority to protect our clients’ best interests and make sure no person is unjustly deported. Whether you are seeking a deportation lawyer in Orlando, Miami, New York City or deportation lawyer elsewhere in the United States, The Toribio Law Firm can assist you with your deportation case in immigration court.

There are a number of circumstances that could lead to deportation or removal. The most common reasons immigrants or foreign visitors are deported include:

  • Felony or misdemeanor criminal convictions
  • Immigration violations
  • Visa or green card expiration
  • Employment violations
  • Immigration fraud
  • Final Order of Removal/Deportation after a denial of asylum; or
  • Failing to depart after a grant of voluntary departure

There are a number of strategies we can employ to help you avoid deportation, such as obtaining political asylum, cancellation of removal, voluntary departure, adjusting your status to permanent residency, or attaining a waiver or pardon under the Immigration and Nationality Act. Moreover, the President’s Executive Immigration Action announced on November 20, 2014 has created additional potential opportunities for our clients to seek deferred action or prosecutorial discretion and either terminate or administratively close removal proceedings.

At The Toribio Law Firm, our deportation defense lawyers provide effective and aggressive deportation defense for people who face deportation hearings and have received a Notice to Appear from Immigration and Customs Enforcement (ICE). In addition, we personally visit detention facilities throughout the state of Florida and the U.S. in order to protect our clients.

We understand the worries, fears, and stress you and your family experience when faced with deportation. If you fear your immigration status is in jeopardy for whatever reason, please contact our deportation defense attorneys at The Toribio Law Firm today. We are dedicated to fighting your deportation from the U.S., and helping you file the appropriate petitions, obtain necessary documents and waivers and file motions to reopen or appeal your case.

If you are in need of an experienced, aggressive, and knowledgeable deportation defense attorney for representation in immigration court, contact The Toribio Law Firm today for your free consultation today. We are devoted to helping you avoid deportation.