Immigration
“Everywhere immigrants have enriched and strengthened the fabric of American life.”
These words remain as true today as they were in 1958, when then-U.S. Senator John F. Kennedy wrote them in his renowned book, “A Nation of Immigrants.”
At The Chidolue Law Firm, you have the assurance of a dedicated immigration lawyer working as your navigator and advocate on your journey through complex U.S. immigration laws. Our family immigration clients trust us to help them secure the documentation necessary to lawfully enter and/or remain within U.S. borders.
According to The Pew Research Center, more than 40 million U.S. residents were born in another country, accounting for one-fifth of the world’s migrants and 13.5 percent of the U.S. population in a single recent year. Another Pew analysis of U.S. Census data reveals more than 75 percent of those immigrants are in the country lawfully, and 45 percent of those are naturalized.
Violence Against Women Act (Vawa) Petitions
VAWA is not only for women but this act also protects men and woman who are married to U.S. Citizens or Green Card holders, children and stepchildren of U.S. Citizens and Green Card holders and parents of 21 year or older U.S. Citizen Sons and Daughters.
VAWA is a category of visa designed to ameliorate the suffering and experience of survivors of domestic abuse. The victim is eligible for lawful status in the U.S. and can receive employment authorization and have access to public benefits without the assistance of the U.S permanent resident or citizen who is abusing them if they qualify.
At The Chidolue Law Firm, we understand how difficult and emotionally overwhelming being subjected to abuse or mistreatment can be. And that is why we are here to assist you. Let an experienced Victims of Abuse, Violence or Mistreatment lawyer look at your case and explain your legal recourse and alternatives.
Feel free to book an appointment for initial consultation with our compassionate lawyer at The Chidolue Law Firm today.
Family Immigration Law
The Chidolue Law Firm is an immigration law firm of choice serving clients in the Greater Orlando metropolitan area, Atlanta and in all 50 states within the United States
Our family immigration attorney Ayesha and her team excel in providing knowledgeable legal counsel for all aspects of immigration law, including permanent residency, family-sponsored immigration, naturalization, consular visa processing, waivers, status adjustments and fiancé visa. If you need expert assistance with your visa application, don’t hesitate to speak to our highly versatile family immigration lawyer.
Our Family Immigration Services:
Permanent Residence
We assist clients with their Legal Permanent Residency application across all 50 states within the U.S.
A legal permanent resident (“LPR”) or “green card” holder is eligible to live permanently and work permanently in the United States. Additionally, they can travel abroad freely and re-enter the United States without the risk of being denied entry into the country, among other benefits.
If you’re seeking to become an LPR or simply want to know your options, The Chidolue Law Firm can help you. With our main office located in Lake Mary, FL and Atlanta, GA, our highly experienced and knowledgeable immigration lawyer will be available to provide legal guidance tailored to your situation. We will be more than happy to guide you through the process of applying, renewing or replacing your green card with no stress.
If you or your loved one is interested in obtaining LPR or has questions about the U.S. citizenship requirements, we invite you to book an online video or in office consultation session with us today.
How Is Legal Permanent Resident Status Different From U.S. Citizenship?
A legal permanent resident is an individual who has the privilege of residing in the U.S. indefinitely. That said, an LPR has the chance to live, work, study and operate their own business. They have unrestricted authorization to work in any job and for any employer, with the exception of certain positions reserved for U.S. citizens. Proof of LPR status is a “green card”, Form I-551. The card is valid for ten years and can be renewed at its expiration. But unlike a U.S. citizen, a permanent resident does NOT have the right to vote or be voted for in a U.S. election and cannot serve on a jury.
Receive High Quality, Personalized Attention To Your Case
As with anything immigration law, the devil is in the details. There are many pitfalls that can disqualify you from becoming a legal permanent resident in the U.S. One common disqualifying factor is convictions of crimes of moral turpitude. There are also several other technicalities that could impact your chances of success.
We can help you determine whether or not you qualify to apply for a green card. If not, there may be certain waivers that you can apply for to overcome whatever restrictions on your way to becoming a U.S. permanent resident. Our Orlando lawyer is a trained legal professional with profound knowledge of immigration law. Attorney Ayesha has also undergone the immigrant experience firsthand.
Adjustment of Status & Consular Processing
Quality legal counsel and visa application service that prioritize your happiness.
Adjustment of Status is the process of applying for the U.S. legal permanent residency otherwise known as a “green card” or GC from within the United States. When you use adjustment of status, you will be able to stay in the U.S. while your application is being processed, even if your visa expires before your application for green card is approved so long as you are an immediate relatives of a U.S Citizen.
The alternative to adjustment of status is Consular Processing, which is the process of applying for a green card from outside of U.S. When you use consular processing, your visa will be processed by the nearest U.S. consulate or embassy, and you will have to remain outside of the U.S. until your green card is approved.
If you need expert assistance with your application for adjustment of status or consular processing, contact our family immigration lawyers today. We will be happy to help you understand your options and guide you every step of the way to become a U.S. legal permanent resident,
Who Is Eligible For Adjustment of Status?
The U.S immigration law allows certain people to apply for adjustment of status even if they have overstayed their entry visa with some exceptions on visa types. These people are otherwise referred to as “immediate relatives” and they include: – Spouses of U.S. citizens
- Unmarried children under 21 years old of U.S. citizens
Parents of U.S. citizens – the citizen must be at least 21 years old
An immediate relative who is applying for adjustment of status through their U.S. spouse, parent or child and can prove that they were inspected and admitted at a port of entry by the US. Immigration, may be eligible to apply for a U. S. green card by submitting Form 1-485 inside the United States.
However, there is still a possibility of applying and being granted permanent residency in the U.S. if you entered the country legally but are not immediate relatives. Section 254(i) of the Immigration and Nationality Act allows you to adjust your status to permanent resident if you meet certain requirements.
Meeting the requirements for adjustment of status in the United States is only part of the process. The applicant also needs to qualify for permanent residency. Immigration law highlights several factors that could bar a person from obtaining permanent residency, including the person’s criminal records and medical history. That said, it’s extremely important to consult with a specialist immigration lawyer before applying for any immigration benefits, including adjustment of status and permanent residency.
At the Chidolue Law Firm, we understand the intricate immigration rules and can help you review your personal circumstances, and deliver value for your money by ensuring seamless processing of your application. Attorney Ayesha is up-to-date with the latest changes to make your experience as smooth as possible, eliminating possibilities of delay or denial.
To schedule a consultation session with our expert immigration lawyer, contact us by email or at 407-995-6567.
K-1 Visa (Fiancé Visa)
The K-1 visa otherwise known as fiancé visa or infamously known as “90 day fiancé” is designed for foreign-citizen fiancé(e) of a United States citizen. The K-1 visa permits the foreign-citizen fiancé(e) to come to the U.S. and marry his or her U.S. citizen sponsor within 90 days, after which the visa holder can apply to adjust his or her status to lawful permanent resident (LPR) with the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS).
Only U.S. citizens can sponsor a fiancé(e) to come to the United States. Lawful permanent residents with green cards are not eligible. In addition, there are several requirements that you must meet before you can be able to bring your spouse to the United States. For instance, both of you must be eligible to marry. If either of you were previously married, you need to prove to the U.S. Citizenship and Immigration Services (USCIS) that the previous marriage was lawfully terminated.
Also, you must prove that you have physically seen your fiancé at least once in the last two years or provide proof why visiting each other would cause extraordinary hardship.
Finally, as the U.S. Citizen, you must provide evidence that they are able to financially support yourself or that your U.S. citizen fiancé(e) is able to provide support. The U.S. citizen can prove this through their tax return. The sponsor must meet or exceed 100 percent of the federal poverty guidelines. If the U.S. citizen partner can’t meet the requirement alone, he or she can find a joint financial sponsor to file an Affidavit of Support.
Speak to an experienced immigration lawyer to review your circumstances and provide expert advice to help you navigate through the visa application process. Attorney Ayesha will give personalized attention to your case and educate you about the necessary documentation you need to provide to support the information included in the K-1 visa petition.
Can A foreign-citizen fiancé(e) Bring Their Children To The U.S. On A K-1 Visa?
Eligible children of K-1 visa applicants may be permitted to enter the United States with their parents. The children must be unmarried and under the age of 21. Eligible children of K-1 visa applicants will be in K-2 nonimmigrant status during their stay in the U.S. until a petition is filed for adjustment of status.
Rights And Protections On K-1 Visa
K-1 visa holders are protected against domestic violence, sexual assault and child abuse. As a K-1 visa holder, you can apply for work authorization by filing Form I-765 (Application for Employment Authorization) as soon as you arrive in the United States, which is only valid for 90 days after your entry in the U.S. You can also apply for work authorization while applying for a green card.
How Long Does It Take To Get A Fiancé Visa?
The U.S citizen fiancé(e) files Form I-129F, Petition for Alien fiancé(e), with the USCIS office serving the area where he or she lives. Once USCIS approves the petition, it is sent to the National Visa Center (NVC) which then forwards your case to the U.S. Embassy or Consulate that will process it. The length of time varies from case to case according to an individual applicant’s circumstances. Cases are sometimes delayed because applicants do not follow instructions correctly or provide incomplete information. It’s also important that you don’t miss interviews or important deadlines.
Want To Talk To An Immigration Lawyer About A K-1 Fiancé Visa?
If you are a U.S citizen or you are engaged to a U.S. citizen, we may be able to help you with the K-1 visa application, which will enable you to join your fiancé(e) in the United States and be married. Call our office to schedule your initial consultation with Attorney Ayesha who will carefully review your case and help you navigate through the process of your visa application.
Citizenship & Naturalization
Applying for U.S. citizenship? Call to speak to attorney Ayesha on U.S citizenship applications.
Unless you’re a U.S. citizen by birth, you will have to attain citizenship through an immigration route known as naturalization. There are several benefits attached to being a U.S citizen, either by birth or naturalization. Some of them include citizenship for your children born outside the United States, the ability to vote in a federal election and be voted for and you receive full protection from deportation.
Every day, people from every part of the world apply for naturalization to enjoy these and many other rights and privileges and fulfil their American dream. If you or your loved ones are seeking citizenship, having a skilled immigration lawyer on your side can improve your chances of success. You can book an initial consultation session with Attorney Ayesha today.
The Naturalization Process
The process of obtaining U.S. citizenship through naturalization can be demanding, but the rewards are worth the try. Once naturalized, you can participate in U.S. politics, vote and run for office, work with restrictions and enjoy other rights like natural-born citizenships. But how exactly can a person achieve this status?
If you’re considering applying for naturalization, it is recommended to speak to a qualified immigration lawyer. The process can be daunting as it involves complex paperwork, thus hiring an attorney will provide both expert support and guidance throughout the process.
Additionally, your lawyer will be able to prepare you for the stressful parts of the process, like naturalization interview and citizenship test. Attorney Ayesha helps immigrants in more than forty states, including Florida, Georgia, New York, Texas and Indiana. Contact Ayesha today for your initial consultation to help you explore your options with confidence.
The Child Citizenship Act
Under the Child Citizenship Act, children of U.S. citizenships who are under the age of 18 can automatically become U.S. citizens. The parent must apply for a green card for his or her child. Once the application is approved, the child automatically becomes a U.S. citizen given that the child is still under 18 when the petition was approved. In the event that the child is over 18, the individual may still be eligible for citizenship as long as they met the requirements while they were under 18. This may also apply to adopted children provided that the two-year legal and physical custody requirements are met.
Requirements To Become A Naturalized Citizen
The Immigration and Nationality Act (INA) outlines all general requirements a person is expected to meet to apply for U.S. citizenship by naturalization. However, eligibility conditions may vary according to an individual’s immigration status, reasons and circumstances surrounding the application. Our experienced immigration lawyer will carefully review your case and guide you through the process.
Eligibility Criteria for U.S. Citizenship Via Naturalization
According to USCIS, an individual must meet the following criteria to apply for naturalization to become a U.S. citizen:
Be at least 18 years of age at the time you file the application;
Have been a lawful permanent resident for the past three if applying based on marriage or VAWA or five years (depending on which naturalization category you are applying under);
Have continuous residence and physical presence in the United States;
Be able to read, write, and speak basic English;
Demonstrate good moral character;
Demonstrate a knowledge and understanding of U.S. history and government;
Demonstrate a loyalty to the principles of the U.S. Constitution; and
Be willing to take the Oath of Allegiance.
Ready To Become An American Citizen?
If you need expert assistance or have any questions regarding U.S. citizenship, speak to our experienced immigration lawyer. Having gone through the phase herself, Attorney Ayesha understands what it takes to help you complete the process in a stress-free manner. She provides initial consultations to all her clients, to help you consider your options and provide a dedicated service to ease your experience.
Victims Of Abuse, Violence Or Mistreatment
Are you a victim of abuse, domestic violence or mistreatment and currently resides in the U.S? You may be eligible to become a lawful permanent resident. Speak to a compassionate immigration lawyer who truly cares about you.
We are here to assist you.
The U.S. immigration law offers several forms of immigration relief to foreign nationals who become victims of domestic violence, child abuse, human trafficking and other types of crimes. But sometimes, it can be problematic to determine which of these categories makes a perfect match for your situation. Some people may qualify for more than one category while some can leverage their situation as a stepping stone towards attaining safety and citizenship. The Chidolue Law Firm can help you navigate through the process and determine the best option for your case.
Visa categories include:
U Visa Petitions
U visas are designed for victims of crimes in the United States who have suffered serious mental or physical abuse and are willing to assist law enforcement in the investigation and prosecution of the criminal activity. They also have to receive certification from law enforcement to proceed. U visas have a validity period of four years and the 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, who are currently in the U.S. An individual will be eligible to apply for TV visa if they show willingness to assist the law enforcement agencies in the investigation or prosecution of human trafficking. The victim must be able to prove that their removal from the country will result in extreme hardship. T visas are valid for four years and the visa holder may apply for permanent residence after three years.
Are you a victim of abuse & mistreatment?
Temporary Protected Status
Temporary Protected Status (TPS) is available for individuals seeking a temporary residence in the United States due an ongoing armed conflict, an epidemic, or extraordinary natural disaster in their home country. As the name implies, TPS is only a short stay solution and is available to citizens of countries with serious humanitarian concerns.
As a beneficiary of TPS, you can remain in the United States throughout the validity period of your visa. You can also obtain work authorization for the initial TPS period and apply for extension of the designation. However, TPS doesn’t lead to permanent resident status. When the TPS designation is terminated, you will return to the immigration status you had before the TPS unless the status is no longer valid.
Eligible countries include:
- Haiti
- South Sudan
- Somalia
- Nepal
- Yemen
- El Salvador
- Honduras
- Nicaragua
However, meeting the country eligibility condition is only one aspect of the requirements. USCIS considers other factors, including the applicant’s criminal record to determine whether they are qualified. An applicant must not have any felony or more than two misdemeanor convictions.
It is best to speak to an experienced immigration lawyer who can help you determine your eligibility or otherwise. At the Chidolue Law Firm, we take the time to review your case and explore your options now and even after a TPS application that will give you permanent residence in the U.S. Call or contact our immigration attorney directly by scheduling an appointment.
DACA
Serving Dreamers In ALL 50 States…
Need expert assistance applying or renewing DACA? Attorney Ayesha is here to assist and make the process as painless as possible.
What Is DACA?
Deferred Action for Childhood Arrivals or DACA is a federal program that grants delayed removal action to immigrants who entered the U.S. as children. Put simply, if you are granted DACA status, removal action will be delayed (deferred) for two years, and you may renew your status. As a DACA beneficiary, you can work while your status is valid.
Who Is Eligible To Request DACA?
You may be eligible to request DACA if you:
Were under the age of 31 as of June 15, 2021
Entered the United States before reaching age of 16
Have continuously lived in the United States since June 15, 2007 up to the present time
Were physically present in the U.S. on June 15, 2012, and at the time of making your request for DACA with USCID
Have not been convicted of a felony, serious misdemeanor or up to three misdemeanors
Are not deemed to pose a threat to the national security or public safety
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
First-Time DACA Applicant
If you are making a request for DACA for the first time, you may consider using the service of an experienced immigration lawyer to improve your chances of success. The application process can be a little daunting and intimidating. The forms required for completion of your application may change, and using an outdated form may result in USCIS rejecting your petition.
At the Chidolue Law Firm, we assist clients in navigating the process involved in the request for deferred removal in all 50 states across the U.S. Our experienced immigration lawyer can help you fill out a request file and ensure that your request receives a favorable outcome.
DACA Renewal
If you have applied for and received DACA in the past, you may be eligible for DACA renewal. But applying for DACA renewal can feel overwhelming and unnerving. If it is time to renew your DACA status, speak to a skilled immigration lawyer for legal counsel.
At the Chidolue Law Firm, we can handle all the paperwork and guide you every step of the way towards renewing your status. Having our experienced immigration lawyer – attorney Ayesha handle your DACA renewal application will position you for success from the very beginning.
When Is The Best Time To Renew Your DACA Status?
U.S. Citizenship and Immigration Services (USCIS). Suggests that you submit a complete renewal application at least 5 months (150 days) before your current DACA and employment authorization expire – but not later than 4 months (120 days) before expiration.
Our immigration lawyer can answer all your questions regarding DACA and guide you through the process to achieve your goals. We understand how your DACA status can impact your life as well as your loved ones. That is why we work hard to ensure smooth, and painless successful renewal.
Waiver Of Inadmissibility
Under federal immigration lawyers, an individual of foreign nationality can be barred from entering the United States under various circumstances. For instance, non U.S. citizens suspected of criminal acts or immigration violations, and those who have been previously deported can be deemed inadmissible under federal law. However, inadmissibility waivers may be available in many instances.
What is Inadmissibility Waiver or Waiver of Inadmissibility?
Inadmissibility Waiver is an exception granted to a foreign nationality who under normal circumstances would have been barred from entering the United States. Waiver of Inadmissibility is among the most complex and unpredictable areas of immigration law in the U.S. The way USCIS handles the waiver request is not uniform and the outcome can be influenced by many factors. As a result, it is important to hire an experienced immigration lawyer with proven experience with Waiver of Inadmissibility to represent you.
At the Chidolue Law Firm, we have we help our clients obtain inadmissibility waivers. Not only are we intimately familiar with the various factors the USCIS worker considers when evaluating waiver requests, but we are able to leverage our past experience to avoid the common pitfalls that may lead to delay and denial. Attorney Ayesha will assist you with navigating through the process and work tirelessly to ensure that you receive positive feedback in the shortest time possible.
How To Apply for Waiver of Inadmissibility
There are two primary ways to apply for a waiver of inadmissibility with USCIS:
Through filing and submission of a waiver application form
By applying for adjustment of status
With both scenarios, USCIS will determine your qualification based on a thorough evaluation of the grounds upon which the application is made and the specific factual circumstances surrounding the individual’s case. Generally, the applicant must be able to prove that the denial of the waiver will result in extreme hardship to a qualifying relative, such as a U.S. citizen or lawful permanent resident spouse or parent.
If you believe you may be eligible for inadmissibility waiver, contact attorney Ayesha today for legal advice.