Eagan Immigration handles a wide range of immigration cases.
Eagan Immigration has considerable experience working with individuals who have complex criminal and immigration histories, and we enjoy finding creative solutions in difficult cases.
Victims of Crime, Abuse, or Mistreatment
There are several forms of immigration relief for foreign nationals who become victims of domestic violence, child abuse, human trafficking, and certain other crimes. Determining which of these categories is the best match for your situation can be difficult and emotional. Some people may qualify for more than one category, and some people should consider alternate routes to safety and citizenship. Eagan Immigration can help navigate you through this process and determine the best options for your case.
U Visa Petitions
U visas are available for victims of crimes in the United States who have suffered substantial mental or physical abuse and are willing to assist in the investigation or prosecution of the criminal activity. U visas are valid for four years and the U visa holder may be able to apply for permanent residence after three years.
T Visa Petitions
T visas are available for victims of human trafficking, whether for labor or sex purposes. An individual may be eligible for a T visa if he or she was the victim of trafficking, is currently in the United States due to trafficking, complied or complies with any reasonable request from a law enforcement agency for assistance in the investigation or prosecution of human trafficking, and demonstrates that he or she would suffer extreme hardship involving unusual and severe harm if you were removed from the United States. T-visas are valid for four years and the visa holder may be eligible to apply for permanent residence after three years.
Violence Against Women Act (VAWA) Petitions
VAWA is a means for survivors of domestic abuse (including spouses, children, and parents) to self-petition for lawful status in the United States, receive employment authorization, and access public benefits without the cooperation of the U.S. citizen or the permanent resident who is abusing them. To qualify, the applicant must be the spouse (or ex-spouse), parent, or child of a lawful permanent resident or U.S. citizen. You must also have been the victim of mistreatment by your U.S. citizen or lawful permanent resident spouse (or ex-spouse), parent, or child. Mistreatment can take many forms, including physical, sexual, emotional, and verbal mistreatment. There is no risk of harm to your U.S. citizen or lawful permanent resident spouse (or ex-spouse), parent, or child if you file a VAWA application based on mistreatment, and the application is completely confidential.
Special Immigrant Juvenile Status (SIJS)
An immigrant juvenile who has been abused, abandoned, or neglected may be eligible for lawful permanent resident status after obtaining classification as Special Immigrant Juvenile (SIJ). Before an application can be submitted to USCIS for Special Immigrant Juvenile Status, a state court must issue an order making specific findings of fact. Once the order is obtained, then an application can be made to USCIS, and depending on the history of the juvenile, an application can be filed either simultaneously or subsequently for adjustment to become a legal permanent resident.
An individual may obtain a temporary visa, permanent residency, or citizenship through a family member who is a U.S. citizen, or in some instances, a permanent resident.
The immediate relative spouse, parent, or child of a U.S. citizen are immediately eligible to apply for permanent residence. Once immigrant visas are available in the appropriate family preference category, the adult sons and daughters (married or unmarried) and the brothers and sisters of a U.S. citizen and the spouse, child, and unmarried adult sons and daughters of a permanent resident who have approved immigrant petitions or who are derivative beneficiaries are eligible to apply for permanent residence. There are two main ways a person can apply to become a permanent resident:
If the intending immigrant resides outside the United States or entered the United States without inspection, that person will likely have to obtain an immigrant visa through consular processing outside the United States. This means that the intending immigrant will attend their visa interview at the U.S. consulate in their home country or a designated U.S. consulate near their home country. After receiving an immigrant visa, the intending immigrant will then be allowed to enter (or reenter) the United States. Upon doing so, he or she will become a permanent resident and a “green card” will be mailed to his or her new home in the United States.
Adjustment of Status
If the intending immigrant is already legally in the United States or entered the United States with a visa or other entry permit, that person may “adjust” his or her status from within the United States. The intending immigrant will submit the adjustment of status application and all paperwork in the United States and will attend his or her interview at the local office of the U.S. Citizenship and Immigration Services (USCIS) closest to his or her residence. After permanent residency has been approved, the “green card” will be mailed to the person’s home.
Under the Child Citizenship Act, the minor (under the age of 18) children of U.S. citizens can skip permanent residency and automatically become U.S. citizens. The parent must apply for permanent residency for his or her child. When the application is approved while the child is still under 18 and present in the United States, the child automatically becomes a U.S. citizen. This applies to adopted children, as well, so long as the two-year legal and physical custody requirements have been met.
If you think that you or a family member may be eligible for a temporary family visa, permanent residency, or citizenship based on a family petition, please do not hesitate to please contact Eagan Immigration for assistance. Our attorney will meet with you to determine the best option for you or your family member.
Waivers of Inadmissibility
Often if a person wants to apply for a temporary visa or permanent residence, he or she may need a waiver to do so. There are many reasons why a person might need a waiver. For example, an individual who entered the United States without inspection but now wishes to apply for permanent residence must request a waiver of the 10-year bar that he received for being “unlawfully present” in the United States for more than a year before departing the United States to consular process. An individual will also need a waiver if he or she has even the most minor drug-related offense. Additionally, a person who was previously deported but now seeks to enter the United States legally may need a waiver to do so.
A person who is inadmissible to immigrate to the United States may still in many instances obtain a nonimmigrant waiver to enter the United States temporarily on a nonimmigrant visa. If a consular officer finds the person inadmissible, the officer may not grant the visa until the nonimmigrant waiver has been approved. The nonimmigrant waiver process is slightly simpler than the waiver process for permanent residence applicants.
A person may be inadmissible for permanent residence for a number of reasons, including overstaying a visa, being convicted of certain crimes, entering the United States illegally, and being previously deported. If a person is inadmissible, his or her application for permanent residence will be denied. However, many of these causes of inadmissibility may be “forgiven” through the waiver process. Obtaining a waiver in a permanent residence case is more complicated than a waiver for a temporary visa. In order to receive a waiver, the intending immigrant must show extreme hardship to a qualifying relative, such as a U.S. citizen or permanent resident spouse or parent, if the intending immigrant will have to remain outside the United States. If you believe you may be eligible for a waiver, please contact Eagan Immigration.
Citizenship & Naturalization
A person can become a citizen of the United States either by birth or adoption or through naturalization. If any of your parents or grandparents was a U.S. citizen, you may be, too. Children may become citizens in certain instances when their parents become citizens. Find out if you already are or may be eligible to become a U.S. citizen. If you think you may be a U.S. citizen or you may be eligible to apply for naturalization, contact Eagan Immigration. We can help!
A person who is born in the United States, in most cases, is automatically a citizen of the United States. Additionally, a person who is born abroad to a U.S. citizen parent may also automatically be a citizen of the United States. However, in order to show that a person born abroad is a U.S. citizen, he or she must meet multiple requirements. Moreover, the law that applies to citizenship for individuals born abroad has changed many times, and the law that was in effect at the time the person was born applies to his or her case. For a careful analysis to determine if you or someone you know may have acquired U.S. citizenship through parents, contact our office. Our attorney can help determine the law that applies to you.
Naturalization occurs when a person voluntarily applies to become a U.S. citizen. In order to naturalize, a person must be a permanent resident who has lived in the United States for a set period of time (usually three to five years). The individual must also pass an English test and a civics test. Special rules apply to elderly individuals and members of the U.S. Military. If you are a permanent resident and you are interested in becoming a U.S. citizen, please contact our office.
Child Citizenship Act
Under the Child Citizenship Act, the minor (under the age of 18) children of U.S. citizens can skip permanent residency and automatically become U.S. citizens. The parent must apply for permanent residence for his or her child. When the application is approved while the child is still under 18 and present in the United States, the child automatically becomes a U.S. citizen. This applies to adopted children, as well, so long as the two-year legal and physical custody requirements have been met. Even if the individual is over 18 now, as long as the individual met the requirements when he or she was under 18, the individual may still be a U.S. citizen. For a careful analysis to determine if the Child Citizenship Act applies to you or someone you know, please contact our office. Our attorney can help determine whether the law applies in the particular situation.
Temporary Protected Status (TPS)
Temporary Protected Status (TPS) is a temporary status available to foreign nationals who are seeking refuge due to an ongoing armed conflict, extraordinary natural disaster, an epidemic, or other extraordinary temporary conditions in their home country. The Secretary of Homeland Security must designate a foreign country for TPS due to the conditions in that country. TPS status is granted for 6 to 18 months, and beneficiaries can obtain employment authorization and may be granted travel authorization. TPS is a temporary benefit that does not lead to lawful permanent resident status or confer any other immigration status.
Individuals from the following countries may be eligible for TPS:
- El Salvador
- South Sudan
If you believe that you may be eligible for TPS or to explore your immigration options prior to the termination of your TPS status, please contact Eagan Immigration for assistance. Our attorney will review your case to determine whether or not you may be eligible for TPS.
Deferred Action for Childhood Arrivals (DACA) Renewals
U.S. Citizenship and Immigration Service (USCIS) is accepting initial DACA applications for those who have never had DACA and DACA renewal applications for those who applied for and received DACA in the past. You may apply for DACA, if you:
- Were under the age of 31 as of June 15, 2012
- Came to the United States before reaching your 16th birthday
- Have continuously resided in the United States since June 15, 2007, up to the present time
- Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS
- Had no lawful status on June 15, 2012
- 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
- 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.
If you think you may be eligible for a new DACA application or a DACA renewal, please contact Eagan Immigration. We can help!
Still need help?
Call us at (202) 709-6439 for our Washington DC and Virginia offices and (425) 333-8006 for our Washington State office.