Family Petitions

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Cole Law Group’s Nashville immigration attorneys are passionate about keeping families together. We can review your particular case and determine whether or not your immediate relative(s) qualify for an adjustment of status while inside the U.S. or outside of the U.S., and what family petitions they can submit or for what family based visas they can apply. The family based visas are the spouse visa, the fiancé visa, and visas for children, parents, and siblings.

The Adjustment of Status Process as well as the Consular Process are delicate procedures that require the lead of a knowledgeable immigration attorney. During your initial client consultation, our Nashville immigration lawyers will invest the time to thoroughly understand your objectives, to advise you regarding your rights and compliance requirements, and to carefully consider your options. At all times we will give you an honest assessment of what your situation is currently and what you might expect in the future. Together, we can work toward achieving a path to legal permanent residence and naturalization for you or your family members.

Those who have violated U.S. immigration policy and are therefore inadmissible could be unable to adjust their immigration status or obtain a visa through the use of family petitions. If they do cross the border, they may be asked to return to their home country or deported. However, there are exceptions to this rule, and in some cases, one of the types of waivers listed below may be helpful.

Waiver After Prior Removal

This waiver is available for individuals who have already been removed from the U.S.

Waiver of Unlawful Presence

This waiver is available to those individuals applying for an immigrant visa. The bar based on unlawful presence results from having been in the U.S. in unlawful status for more than 180 days (3-year bar) or more than one year (10-year bar). In order to qualify for a Waiver of Unlawful Presence, an individual must prove that he or she is the spouse or parent of a U.S. citizen or legal permanent resident and that his/her denial of admission would cause the qualifying relative (U.S. citizen or legal permanent resident parent or spouse) extreme hardship. Extreme hardship does not refer only to a financial difficulty or the psychological distress due to family separation. There are many factors, including, but not limited to, the severe medical condition of the qualifying relative, health issues in the beneficiary’s country of origin, educational considerations, a lack of family members in the beneficiary’s country of origin, language barriers, a likelihood of persecution, and many more. Contact Cole Law Group’s Nashville immigration attorneys today to learn if you are eligible to apply for a waiver of unlawful presence.

Waiver for Criminal Grounds or Immigration Fraud

This waiver is available to those individuals applying for an immigrant visa or adjustment of status, and those in removal proceedings. For a legal permanent resident to be eligible for this waiver, he or she must not have been convicted of an aggravated felony since his or her admission and must have been lawfully residing in the U.S. for seven years. Some of the crimes covered by this waiver are the following:

  • A crime involving moral turpitude
  • A controlled substance violation comparable to a single offense of simple possession of 30 grams or less of marijuana
  • Two or more convictions, other than purely political ones, for which the total sentences were five years or more
  • Prostitution
  • Unlawful commercialized vice whether or not related to prostitution; and
  • Certain individuals involved in serious criminal activity who have asserted immunity from prosecution
  • Immigration fraud

We can also help your family member apply for the following non immigrant choices:

  • B1/B2 Visa: To visit the U.S. for a short period of time.
  • Advance Parole: Request for individuals who are already in the United States and seek to leave and return.
  • Parole in Place: This is a special program (PIP) for undocumented immediate family members of U.S. Military Personnel (active duty or Veterans). It allows these family members to remain in the U.S. and qualify for certain benefits including employment authorization and adjustment of status as legal permanent residents.
  • Parole for urgent, medical, family, and related needs: Parole is an extraordinary measure, cautiously used only in urgent circumstances, and not to bypass normal visa processes and timelines. The applicant must prove the need of a critical medical treatment, or the need to visit, support or assist a relative who is at an end of life stage of an illness or disease.
  • Parole for Significant Public Benefit: The individual may be authorized to obtain parole into the U.S. for law enforcement or national security reasons (the beneficiary’s participation in legal proceedings, or a request for medical care that involves experimental treatment or medical trial from which a larger U.S. Community will benefit).

Call Cole Law Group’s Nashville immigration attorneys today at (615) 490-6020 to set up an initial consultation and learn if any family petitions could make you eligible for an immigration benefit.

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