Areas of Practice
Deferred Action for Childhood Arrivals (DACA)
Also known as DREAMers, children who arrived in the United States prior to their 15th birthday, have resided in the United States continuously since June 15, 2007, were under age 31 before June 15, 2012, graduated or are enrolled in high school, and have no significant criminal history are eligible to remain in the United States under a program created by executive order of President Barack Obama. This program grants a work permit, social security number, and deferment of any deportation proceedings for two years. It must be renewed every two years in order to maintain the benefit.
Fiance(e) Visas (K-1)
This visa gives authorization for the United States Citizen to bring his or her fiance(e) to the United States in order to get married. Once married, a petition for Adjustment of Status is filed in order to obtain a Green Card for the foreign national.
Waiver of Joint Filing Requirement for Battered Spouses
Many victims of domestic violence and abusive relationships believe they must stay with their spouse in order to successfully complete the green card process. This is not true. There is a waiver of the joint filing requirement to remove the condition on a Green Card when the spouse can demonstrate physical, mental or emotional abuse.
Adjustment of Status (Green Card)
A family member, or even sometimes an employer, can petition to adjust the status of a person living inside of the United States. These family members are most often parents of unmarried children under 21, children over 21 years of age, and spouses. Other family members can file petitions depending on circumstances.
Marriage Visas (K-3)
This visa allows a United States Citizen to bring his or her spouse to the United States even though they are already married. Once the visa is approved, the foreign spouse can enter the United States in order to complete the Adjustment of Status (Green Card) process.
Violence Against Women Act (VAWA)
Victims of domestic violence and abuse can also seek stand alone status in the United States. Under VAWA, many people who might otherwise be ineligible may seek permanent resident status in the United States.
Same-Sex Immigration Benefits
In June 2013, the U.S. Supreme Court overturned the Federal Defense of Marriage Act (DOMA). This ruling established that under Federal Law, same-sex couples could not be treated any differently than opposite-sex couples. Since that time, thousands of families have been united and enjoyed protection under federal law. Mark was one of the first attorneys in the nation to apply on behalf of these newly eligible couples and families. We have since filed hundreds of petitions on behalf of same-sex couples.
Relatives of Lawful Permanent Residents
The unique factors in distinguishing between Lawful Permanent Residents and United States Citizens can cause very serious pitfalls for the inexperienced. It is very important to seek out the assistance of an experienced attorney when attempting to navigate these procedures. We have handled hundreds of cases for Lawful Permanent Residents and know what to look for when analyzing a case.
Naturalization (U.S. Citizenship)
Without being born to a United States Citizen or in the United States, citizenship is only directly available to those who have been Lawful Permanent Residents (Green Card Holders). Those who have held a Green Card for 5 years are eligible to naturalize. Green Card holders who obtained their residency through marriage must only wait 3 years to naturalize.