Family-Based Immigration

If you are a U.S. citizen or lawful permanent resident, you can petition for certain relatives to get an immigrant visa (green card). U.S. citizens can petition for a spouse, parent, child or sibling. Lawful permanent residents can petition for a spouse or unmarried child.  

With the exception of immediate family members of U.S. Citizens (i.e., spouse, parent, child under the age of 21), the petitioned family member has to wait for an immigrant visa to become available before they can come live in the U.S. Depending on the family member’s relationship to you and their country of citizenship, the wait time varies.

Once an immigrant visa becomes available, you need to follow a series of steps in order for the U.S. government to determine that your family member can be admitted to the U.S. and is eligible to become a lawful permanent resident. These steps will either be completed in the U.S. or in your family member’s home country.

This process can be complex. If not done correctly, your family member’s application can be denied. In some cases, immigration authorities may bar your family member from entering the U.S. for 3 or 10 years.

The Law Office of Silvia Gonzalez can help. Whether you want to file an initial petition for a family member, need help with consular processing or adjustment of status once a visa becomes available (priority date becomes current), or want to remove conditions on a permanent residence, the Law Office of Silvia Gonzalez will carefully guide you through the process and help you avoid common mistakes that may lead to costly time delays or the denial or your application.

Humanitarian-Based Immigration

Waivers & Permission to Reapply

The Immigration and Nationality Act lists reasons for which a person seeking admission into the U.S. may be inadmissible. Regardless of whether an immigrant or non-immigrant visa is available, a person may not be able to enter the U.S. if they are deemed to be inadmissible. The following is a list of the general categories of inadmissibility.

1. Health

A person may be inadmissible due to health reasons if they:

• Have a communicable disease of public health significance.

• Failed to receive necessary vaccinations against vaccine-preventable diseases.

• Have or have had a physical or mental disorder with associated harmful behavior.

• Are drug abusers or addicts.

2. Criminal Activity

A person is inadmissible due to criminal activity if they have:

• Committed a crime involving "moral turpitude."

• Violated any controlled substance laws.

• Multiple Criminal Convictions.

• Been involved in drug trafficking, prostitution, commercialized vice, human trafficking, or money laundering.

• Violated religious freedom.

• Committed a serious crime in the U.S. where a person has asserted immunity from prosecution.

3. National Security

A person is inadmissible on national security grounds if they:

• Seek to enter the U.S. to engage in espionage/sabotage, attempt to overthrow the U.S. government, or engage in any unlawful activity;

• Participated in any terrorist activities or have any association with terrorist organizations, governments or individuals;

• Present a threat to foreign policy or are members of any totalitarian party; or

• Participated in Nazi persecution or genocide.

4. Public Charge

A person is inadmissible if he or she is likely to become a public charge.

5. Fraud and Misrepresentation

A person who seeks admission or visa to the U.S. by fraud or willful misrepresentation of a material fact is inadmissible.

6. Prior Removals and Unlawful Presence in the U.S.

A person who has been removed (or excluded/deported) from the U.S. or has been in the U.S. unlawfully for more than 180 days and then departs the U.S. is inadmissible. Depending on the length of unlawful presence in the U.S. and whether the individual attempted to or reentered the U.S illegally, the individual may be barred from re-entering the U.S. for 3 years, 10 years, or permanently.

7. Several Miscellaneous Categories of Inadmissibility

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• Persons who entered the country illegally

• Persons who failed to attend immigration and/or removal hearings

• Smugglers

• Student visa abusers

• Former U.S. citizens who renounced citizenship to avoid taxation

• Practicing polygamists

• Unlawful voters

• International child abductors and relatives of such abductors

For certain grounds of inadmissibility, it may be possible for a person to obtain a waiver of that inadmissibility. In some cases, exceptions are written into the law and no waiver is required.

Additionally, if you are inadmissible because you have been deported or removed from the U.S., you may need to ask for consent from the U.S. government to apply for lawful readmission.

If you think you may be inadmissible to the U.S. or are uncertain, contact the Law Office of Silvia Gonzalez for a complete case evaluation.  Attorney Silvia Gonzalez will determine if you have an inadmissibility issue and whether a waiver is available for your particular situation.