Ana Maria Bazan
Law Firm P.C.

Honesty and Reliability
Servicios Honestos y Confiables
Your Subtitle text

Frequently Asked Questions

My case is currently pending with USCIS, can I travel outside the country?
It depends. If you were ever out of status (your stay or your status expired) from 6 months to 1 year and you leave the U.S., you cannot adjust your status for 3 years. If you accumulated unlawful presence for more than 1 year, you cannot adjust status for 10 years. This means you should not travel even if USCIS gives you permission for “Advance Parole”. Read the warning on the application form I-131. There are waivers for some people but you should consult with an expert prior to traveling!

I have been in the U.S. for over 10 years and have U.S. citizen children, pay taxes, and have never been arrested, do I qualify for a green card?
Not unless you are in deportation/removal court proceedings. There is a defense to removal that requires all of the above. In addition you must prove your U.S. relative will suffer “extreme and unusual hardship” if you are deported.

I am married to a U. S. Citizen or Resident but I am being abused by this person can I file for immigration benefits on my own?
Yes. You can petition yourself if you can prove that you have been either physically or emotionally abused, you demonstrate good moral character, and that you married the person in good faith.

I am being abused by my partner but the person is not a U. S. Citizen or Resident can I still get a green card?
Maybe. You can obtain a U Visa if you can prove that you are a victim of a crime (that includes but is not limited to domestic violence) and you have cooperated with the authorities. The U Visa allows you to work in the United States legally and gives you lawful status for 4 years. You can apply for Residency after 3 years in U Visa status.

My relative was just detained by immigration. I am not sure where he is and what I should expect.
You need to hire a lawyer as soon as possible so that he/she can help you find your relative and have a consultation with him/her. Your lawyer will tell you if your relative is eligible for some kind of defense to prevent his/her deportation. The lawyer can also help your relative get released from detention on bond if your relative is eligible.

The detention process takes months, sometimes even years, depending on each specific situation. You should raise money for a bond of at least $1,500. If the detained person has a criminal record, this amount will be much higher. You have to know that your relative has to see an Immigration Judge (unless he/she has a previous deportation order) and that is why he/she will need a lawyer.
Website Builder