- Citizenship Services
- Deferred Action for Childhood Arrivals (DACA) Services
- Family Reunification Services
- Humanitarian Services
- Deportation Defense
- Other Services
Below is a list of many of the services our offices provide. This general information does not constitute individualized legal advice. Please be aware that these applications and petitions are complex, and a seemingly minor issue can make someone ineligible for the immigration benefit being sought. We recommend that if you are interested in learning more about these particular services, contact one of our offices for a consultation.
Our staff assists individuals with the citizenship and naturalization process through individual appointments and group workshops or events. Our staff help applicants file N-400 Naturalization Applications, fee waivers and disability waivers, as well as N-600s.
Application for Naturalization, Form N-400
Individuals who have been Lawful Permanent Residents for the requisite period of time (three or five years depending on how they obtained their green card) and meet the additional eligibility requirements may apply for U.S. citizenship by filing Form N-400 with USCIS. This process is called naturalization.
Application for Certificate of Citizenship, Form N-600
Certain individuals who were born outside the U.S. to a U.S. citizen parent or who automatically became citizens after birth (but before turning 18) when their parents naturalized can file Form N-600 to obtain a certificate of their U.S. citizenship. Because they are already U.S. citizens, they do not file for naturalization.
Deferred Action for Childhood Arrivals (DACA) Renewal Services
Our staff assists individuals filing DACA renewal applications through both group workshops and individual appointments.
Immigrants who came to the United States as children and who meet certain requirements may be eligible for protection under Deferred Action for Childhood Arrivals (DACA). While DACA is not a pathway to citizenship, it provides certain protections to qualifying immigrant youths. These protections include relative safety from deportation (subject to renewal), and employment authorization.
***On December 7, 2020 the Department of Homeland Security (DHS) issued an update regarding Deferred Action for Childhood Arrivals (DACA).***
In accordance with a December 4, 2020 order from a U.S. District Court, effective December 7, 2020, U.S. Citizenship and Immigration Services (USCIS) is:
- Accepting first-time requests for consideration of deferred action under DACA based on the terms of the DACA policy in effect prior to September 5, 2017. This means that people who have never had DACA, can now apply if they qualify. Here is who is eligible:
- Arrived in the U.S. before turning 16, and before June 15, 2007
- Have resided in U.S. continuously since June 15, 2007 – June 15, 2012 and through to present day
- Were born after June 15, 1981 (aged 30 or under as of June 15, 2012), and at least 15 years old
- Currently be in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the U.S.
- Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety.
- Accepting DACA renewal requests based on the terms of the DACA policy in effect prior to September 5, 2017. This means you can apply for a renewal more than 150 days before your card expires (although now there should be less of a need to do that).
- Accepting applications for advance parole travel documents based on the terms of the DACA policy prior to September 5, 2017. This means you can apply for advance parole if you have a valid school, work, or humanitarian need to travel.
- Extending one-year grants of deferred action under DACA to two years and extending one-year employment authorization documents under DACA to two years.
USCIS has stated that it will take appropriate steps to provide evidence of the one-year extensions of deferred action and employment authorization documents under DACA to individuals who were issued documentation on or after July 28, 2020, with a one-year validity period. This means that they should soon publish a notice that you can give to your employer that will automatically extend your one year DACA work permit for a second year. You can also file for renewal if you prefer.
DHS noted that it will comply with the judge’s order while it remains in effect, but added that it may seek relief from the order. This means that the window to apply for initial applications could close again, but we expect that the new administration will open the window again shortly after January 20, 2021.
For additional information, please see the USCIS news alert and please call your nearest IIBA office to get more information about how to apply.
Family Reunification Services
Our staff assists families with a wide range of family based immigration services, including the applications and petitions defined below.
Petition for Alien Relative, I-130 Petition
A Petition for Alien Relative, commonly referred to as an I-130 Petition, is the first step that a U.S. Citizen or Lawful Permanent Resident (LPR) makes in helping certain family members obtain Lawful Permanent Residence status. A U.S. Citizen or LPR files an I-130 petition to establish the relationship between them and their relative.
Once an I-130 petition is approved for a relative living abroad and they have an immigrant visa immediately available to them, they can apply for an immigrant visa through a U.S. embassy or consulate abroad.
Adjustment of Status, Form I-485
Adjustment of Status (AOS) is the process by which an applicant changes his or her status in the United States to that of a Lawful Permanent Resident (LPR) or green card holder. An LPR has the right to live and work in the United States on a permanent basis. To apply for AOS, an applicant submits form I-485 to USCIS.
Petition to Remove Conditions on Residence, Form I-751
Individuals who were married to their U.S. citizen spouse for less than two years before applying for a green card, or individuals who entered the U.S. on a fiancé visa, are granted conditional permanent resident status. This means that their green card is only valid for two years. In order to remain a permanent resident, a conditional permanent resident must file a petition to remove the condition, Form I-751, during the 90 days before the card expires.
Fiancé(e) Visa (K visa)
A U.S. citizen who wishes to bring their fiancé(e) living abroad to the U.S. in order to marry that person in the U.S. would file for a Fiancé(e) Visa or K visa.
Our staff has experience assisting domestic violence and crime survivors, Temporary Protected Status (TPS) applicants, and asylees & refugees. We help domestic violence and crime survivors apply for various forms of immigration relief including U-Visas, Violence Against Women Act self-petitions, and I-751 Petitions to Remove Conditions of Residence. We also help them apply for work permits, request consular processing, and eventually apply for adjustment of status. We assist TPS applicants with initial and late filed TPS applications, as well as with TPS renewals. We help asylees and refugees in several ways, including filing refugee/asylee relative petitions, refugee/asylee adjustment of status applications, and waivers of inadmissibility.
U Nonimmigrant Status Petition (U Visa)
Victims of certain crimes, who cooperate with law enforcement, and suffer harm as a result of the crime, may be eligible for U Nonimmigrant Status, commonly referred to as a U Visa.
VAWA Self-Petition I-360
Certain domestic violence survivors, namely battered or abused spouses or children of U.S. citizens or LPRs, and abused or battered parents of adult U.S. citizens, may apply for deferred action by filing an I-360 self-petition (commonly referred to as a Violence Against Women Act (VAWA) self-petition). Deferred action grants an individual relative safety from deportation and the opportunity to apply for a work permit. Certain individuals whose I-360 applications are granted may apply for AOS and become green card holders.
Temporary Protected Status
The Secretary of Homeland Security may grant Temporary Protected Status (TPS) to individuals from certain countries due to conditions in the country, such as armed conflict or an environmental disaster, that temporarily prevent them from returning safely. Individuals in TPS status are not removable from the U.S., can obtain an EAD, and may be granted travel authorization.
Special Immigrant Juvenile Status (SIJS)
Children and youth who can show that they have been abused, abandoned, or neglected by one or both parents and it is not in their best interest to return to their home country and are able to obtain an order from a state court judge confirming those facts are eligible to apply for Special Immigrant Juvenile Status. SIJS is a path to permanent residence, but can take longer for applicants from certain countries. IIBA represents clients in the immigration portion of the process and partners with agencies who can obtain the state court order.
One year after an asylum applicant is granted asylum, they are eligible to apply for adjustment of status so that they can obtain their green card.
T Nonimmigrant Status Petition (T Visa)
Victims of human trafficking, who cooperate with law enforcement, and would suffer extreme hardship if they had to return to their home country, may be eligible for T Nonimmigrant Status, commonly referred to as a T Visa. Minor victims (under 18) are exempt from the requirement to report the crime to law enforcement. Trafficking can include both sex trafficking and labor trafficking including situations of involuntary servitude or debt bondage.
Refugee/Asylee Relative Petition, Form I-730
If an individual came to the U.S. as a refugee or was granted asylum in the U.S. within the past two years, they can file Form I-730, Refugee/Asylee Relative Petition to have certain close relatives join them in the U.S.
IIBA has recently expanded our services to provide representation in removal proceedings. Representation in removal proceedings can include applications for asylum, cancellation of removal, or adjustment of status. At this point our capacity is limited, but please contact us for a consultation to see if we can help.
Clients seek IIBA’s assistance for many different reasons, from requesting a replacement green card to needing a review of their entire immigration history and file. Our staff therefore assists clients with a variety of immigration law services. Some of the most common of these are defined below:
Request for Fee Waiver, Form I-912
Filing immigration petitions or applications often requires paying a filing fee. However, certain individuals who cannot afford the fee may qualify for a fee waiver if they are receiving a means tested benefit, if their household income is below 150% of the poverty guidelines, or if they are suffering financial hardship. They can apply to waive the fee by filing Form I-912. The fee waiver is available for many, but not all, USCIS applications.
Application for Employment Authorization, Form I-765 (EAD)
Individuals who have been granted certain types of temporary status in the U.S. or who have certain pending applications may apply for employment authorization (EAD or work permit), which gives them permission to work legally in the U.S.
Freedom of Information Act (FOIA) Request – Form G-639
Individuals who wish to obtain a copy of their entire immigration file can file a Freedom of Information Act (FOIA) Request using Form G-639.
Application to Replace Permanent Resident Card – Form I-90
If a green card contains an error or is lost or expiring, an LPR may file an I-90 to request a new and/or corrected card.
Application for Travel Document, I-131
Individuals submit an application for travel document, Form I-131, when they need to apply for a re-entry permit, refugee travel document, humanitarian parole, or advance parole travel document. Green card holders apply for re-entry permits if they are looking to spend extended periods of time outside the United States. Refugees or asylees in the U.S. may apply for a refugee travel document before traveling abroad. The granting of humanitarian parole for individuals outside the United States allows otherwise inadmissible individuals into the U.S. for a temporary period of time due to urgent humanitarian reasons or for significant public benefit, such as assisting law enforcement. Individuals who have TPS or have an adjustment application pending can apply for an advance parole document to allow them to temporarily travel outside of the U.S.