Affirmative Relief

U Visa

You may be eligible for a U nonimmigrant visa if:

· You are the victim of qualifying criminal activity (armed robbery, great bodily injury, sexual assault, domestic violence, and others);

· You have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity;

· You have information about the criminal activity;

· You were helpful, are helpful, or are likely to be helpful in the investigation or prosecution of the crime (a police report may suffice);

· The crime occurred in the United States or violated U.S. laws;

· You are admissible to the United States. If you are not admissible, you may apply for a waiver. 

SIJS

You may be eligible for SIJS if:

· You are a child/ youth living in the United States who is under 18 years old or 21 years old in certain cases; 

· You been declared dependent on a juvenile court or legally committed to or placed under the custody of a state agency or department or an individual or entity appointed by a state or juvenile court;

· You cannot reunify with one or both of your parents due to abuse, neglect, abandonment, or a similar basis under state law; 

· It is not in your best interest to return to your country of origin; 

· You are unmarried.

T Visa

You may be aligible for a T Visa if:

​· You are a survivor of a severe form of trafficking or attempted trafficking (labor or sex trafficking); 

· You are physically present in the United States or a port of entry on account of trafficking;

· You have complied with any reasonable request for assistance in investigating or prosecuting the trafficking (if you are eighteen years of age or older); 

· You are at risk of suffering extreme hardship upon removal from the United States.

DACA 

You may be eligible for a DACA if:

· You were under 31 years of age as of June 15, 2012;

· You came to the U.S. under the age of 16;

· You have continuously resided in the U.S. from June 15, 2007 to the present;

· You had no lawful status on June 15, 2012;

· You are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;

· You have not been convicted of a felony, significant misdemeanor,or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Asylum

 

You may be eligible for Asylum if:

· You suffered persecution in your country of origin or have a fear of future persecution;

· You were persecuted by the government or agents the government cannot control;

· You were persecuted for your political opinion, race, nationality, religion or because you are a member of a particular social group;

· Your government cannot protect you;

· Your have not commited certain crimes;

· You have been in the United States less than a year (exceptions apply);

· Among other factors.

Citizenship

 

You may be generally eligible to become a citizen if:

·You are 18 or older;

·You are a permanent resident for a certain amount of time (usually 5 years or 3 years, depending on how you obtained status);

·You are a person of good moral character;

·You have a basic knowledge of U.S. government (this, too, can be excepted due to permanent physical or mental impairment);

·You have a period of continuous residence and physical presence in the United States; 

·You can read, write, and speak basic English (There are exceptions to this rule).

VAWA (Domestic Violence) 

Under the federal Violence Against Women Act (VAWA), you may be eligible to become a lawful permanent resident (get a Green Card) if you are the victim of battery or extreme cruelty committed by:

· A U.S. citizen spouse or former spouse;

· A U.S. citizen parent;

· A U.S. citizen spouse or former spouse;

· A U.S. citizen son or daughter;

· A lawful permanent resident spouse or former spouse;

· A lawful permanent resident parent.

You may self-petition under VAWA and the person who has been abusing will not be involved with the petition and will not know about it. Persons of all genders can apply, if qualified. 

Military Parole in Place 

You may be eligible for parole in place on a case-by-case basis for urgent humanitarian reasons or significant public benefit if you are the spouse, widow(er), parent, son or daughter of an:

· Active-duty member of the U.S. armed forces;

· Individual in the Selected Reserve of the Ready Reserve; or;

· Individual who (whether still living or deceased) previously served on active duty or in the Selected Reserve of the Ready Reserve and was not dishonorably discharged.

If you entered the U.S. lawfully but overstayed your visa (or are otherwise in the U.S. past your period of authorized stay), you are not eligible for parole in place because you are not an applicant for admission. However, you may qualify for deferred action. 

Temporary Protected Status

You may be eligible for TPS if:

· You are a national of a country designated for TPS, or a person without nationality who last habitually resided in the designated country;

· You filed during the open initial registration or re-registration period, or you meet the requirements for late initial filing during any extension of your country’s TPS designation;

· You have been continuously physically present (CPP) in the United States since the effective date of the most recent designation date of your countryA U.S. citizen spouse or former spouse;

Designated countries are: El Salvador, Haiti, Honduras,m Nepal, Nicaragua, Somalia, Sudan, South Sudan, Syria, Yemen. 

PRACTICE AREAS

  • Family Immigration

  • Affirmative Relief

  • Business Immigration

  • Deportation Defense

USEFUL LINKS

FOLLOW US

  • Facebook
  • Twitter
  • Instagram

Phone/ Whatsapp: +15109220154

1900 Fruitvale Ave, Suite 3F, Oakland, CA, 94601

(Ohlone territory of Huchiun)

© 2019 Santanna Law Offices