Page 10 – Family Petitions
DO YOU QUALIFY FOR A GREEN CARD OR
CITIZENSHIP THROUGH A FAMILY MEMBER?
The Law Offices of Carlos Batara offer a full range of services for immigration clients and their family members – spouses, children, parents, brothers, and sisters.
Our Services Cover the Following Types of Cases:
MULTIPLE IMMIGRATION APPLICATIONS
CITIZENSHIP AND NATURALIZATION
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MARRIAGE
Often, our clients are citizens or permanent residents who want to marry someone who does not have valid immigration papers to live in the United States. Sometimes the immigrant is already living in the United States. Other times the immigrant is still living in his or her country.
| John, a U.S. citizen, wants to marry Louisa, who lives in Brazil. They have arranged for Louisa to visit John next month on a visitor visa. John seeks to file papers to immigrate her as soon as they get married.
A key concern, we inform John, is Louisa’s knowledge. Does Louisa know about John’s intentions? If she knows about John’s ideas, and she plans to stay in the United States and get married, her visit is probably a bad idea. The U.S. government may interpret her entry as immigration fraud – since she was intending to stay, not just visit, in the United States. We advise John a safer course is to file a fiancée visa. This means canceling their current plans. This means a longer period of separation right now. But we explain, once Louisa arrives, they can live together happily ever after in the United States. On the other hand, if Louisa had already been here on a valid visitor visa when John suddenly decides to get married, they may be able to immediately file her immigration paperwork. She can complete the documents for her green card here without going back to Brazil. |
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DIVORCE AND SEPARATION
Some clients experience a divorce or separation after the family immigration petition has been filed. We assess the situation and make recommendations to help clients avoid future problems and, whenever possible, still obtain a green card.
If you have been married for less than two years when your green card is approved, it will be approved on a conditional basis. Your green card is only valid for two years. Before the time is up, you must apply to remove the condition along with your spouse, allowing you full permanent residence status. If you are no longer married, or your spouse has died, the immigration process is more difficult. You will need to prove you qualify to remove the condition by yourself.
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MULTIPLE IMMIGRATION APPLICATIONS
Many clients filed family-based petitions for immigration benefits a long time ago. They do not know the status of the paperwork. They do not know if the paperwork has been canceled. They do not know if the paperwork is still valid. They do not know if they must start over again.
| Maria, age 23, is curious about her immigration status. Papers were filed by her lawful permanent resident father several years ago. Because she is now an adult, friends have told she has to wait longer to get an interview.
Maria is engaged to a lawful permanent resident. If she gets married, she wants to know if this will help her get a green card sooner. She wants to know if she has to start the immigration process over again.
Her inquiries are not simple. To assist her, there are still many questions to be answered. For example, when did her father file papers? What papers, exactly, did her father file? Is her father still a lawful permanent resident or has he became a U.S. citizen? Will she have to return to her home country for her immigration interview? How did Maria enter this country – with or without permission? To help Maria, we need to analyze her old papers. We can then explore all options open to her – enabling her to make an intelligent decision about the best way to become a lawful permanent resident. |
ABUSE OF IMMIGRANT SPOUSES AND CHILDREN
Unfortunately, some immigrant marriages involve spousal and child abuse. The abuse may be physical, mental, emotional, or financial.
One spouse, a U.S. citizen, controls, mistreats, or harms the immigrant spouse, who does not have immigration documents. The abuser threatens to call the police to deport his spouse if she tells anyone about the abuse or violence.
In many cases, we can help the spouse who is abused obtain immigration benefits under a special program. Our office can also assist immigrants who were abused as children.
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IMMIGRANT ADOPTIONS
Sometimes a relative or friend wants to adopt a child who does not have immigration documents. Our immigration law office offers a unique combination for such matters – experience in handling immigration cases for families and experience in handling adoptions in state courts.
Our experience includes marriage, divorce, child custody and other issues for marriages between immigrants from other countries and U.S. residents or citizens.
| Jenny, a U.S. citizen, wants to file papers to immigrate her nephew and niece. Her sister abandoned them several years ago. Jenny has raised them since her sister disappeared. The oldest child, Hector, is 15 years old and will turn 16 in about eight months. Jenny knows she has to adopt them before she is allowed to immigrate them.
We explain to Jenny that she does not have much time. Hector’s adoption has to be completed by the time he turns 16. The adoption process takes at least six months. In this case, it might take longer. Jenny must notify Hector’s parents that she plans to adopt them. Yet, Jenny has no clues where Hector’s mother and father have lived for almost ten years. We emphasize there is no time for delay. There is no room for mistakes. If Jenny is going to take action, we advise her, she has to take action quickly. |
We feel strongly about uniting and keeping families together, and we will work closely with you to help achieve your family’s immigration goals.
CITIZENSHIP AND NATURALIZATION
Some clients come to our office seeking to become U.S. citizens. Others need help to prove they are already U.S. citizens. This can be quite difficult.
Citizenship and naturalization challenges can arise in a number of circumstances:
- You are a lawful permanent resident but committed a few crimes.
- You are a lawful permanent resident but went back and forth to your home country several times.
- You have a U.S. citizen parent but you were born outside the United States.
- You were born in the United States but not in a hospital and your birth was never registered.
- You were raised by an aunt who tells you that your father was a U.S. citizen but no one knows where you were born.
IMMIGRATION APPEALS
If your family immigration petition or adjustment of status application is denied or rejected, you have a short period of time to contest the decision. Our law office has vast experience in handling all types of immigration appeals. But you must act quickly – often in 30 days or less.
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If would like to know how Immigration Lawyer Carlos Batara can help you earn permanent resident or citizenship status . . .




