Spouse, Fiancee & Family Immigrant Visa/Adjustment of Status - Scott Mossman, Oakland/San Francisco Bay Area Lawyer

Adjustment of Status, Immigrant Visas and K-1 Visas

Why hire a lawyer to help your spouse, finacée/é or family member immigrate? The forms--I-130, I-129F, G-325A, I-485, I-765, I-864, DS-230, etc.--are all available online. A common misperception is that an immigration lawyer's services consist merely of choosing the right forms and filling them out. However, that is neither the beginning nor the end of a good lawyer's services.

Other important services that an experienced immigration lawyer can provide include: (1) evaluating legal eligibility before you pay any filing fees or potentially expose yourself to removal (deportation) proceedings, if in the U.S.; (2) advising you on the evidence required; (3) reviewing your evidence to determine if it is likely to satisfy an immigration officer; (4) advocating for you if a problem arises; and (5) following through to ensure that USCIS does everything it is supposed to do in a timely manner.

We provide these services in the following types of immigration cases:

Fiance/fiancee petitions (I-129F) by U.S. citizens
Immigrant petitions (I-130) for spouses, parents, children, brothers, and sisters by U.S. citizens and permanent residents
Asylee derivative petitions (I-730) for alien spouses and children by asylees and refugees
Applications to adjust status to lawful permanent residence (I-485) by noncitizens with an approved or approvable I-130 or an approved I-129F and marriage
Immigrant visa applications (DS-230) by noncitizens outside the U.S. with an approved I-130
Waivers of inadmissibility (I-601) for intending immigrants who are inadmissible for past unlawful presence, misrepresentation, a criminal offense, or a medical condition
Applications for permission to reapply for admission after removal (I-212) for intending immigrants who have a previous order of removal, deportation, or exclusion
Petitions to remove conditional status on permanent residence (I-751) for noncitizens who immigrated through a marriage that was less than two years old at the time of admission

We primarily represent adjustment of status applicants in the United States before the USCIS San Francisco and San Jose Field Offices, as well as immigrant visa applicants at U.S. embassies and consulates abroad.

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Description of Services

When we represent you in a family-based case, we will provide the following services as appropriate:

Analyze whether the relationship meets the legal requirements for the family-based immigrant petition. This is particularly important in adoption cases, step-child/parent cases, father-child cases where the father was not married to the mother, and sometimes in spouse cases where a spouse was previously married.

Determine whether a noncitizen present in the U.S. is eligible to adjust status through INA 245(a) or 245(i) or must apply for an immigrant visa in his or her home country.

Advise whether any grounds of inadmissibility (ineligibility) apply for past unlawful presence, crime, misrepresentation to obtain a visa or other immigration benefit, etc. If there is a potential ground of inadmissibility, we will determine if a waiver (sometimes mistakenly referred to as a pardon) is available and advise you on the chances of getting the waiver approved. We then help you document and argue the waiver.

Determine whether the petitioner meets the affidavit of support (I-864) requirements or whether a co-sponsor or a contract with a household member (I-864A) is necessary.

Ensure that you provide enough of the right type of documentation to establish the relationship is genuine and to meet all other requirements.

Prepare both the petitioner and beneficiary for the interview on their applications, including a mock interview.

Attend the interview with the clients and advocate for them.

Family, Spouse & Finacée/é Immigration

Adjustment of Status, Immigrant Visas and K-1 Visas

Description of Services