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Immigration Law

Pros and Cons of Seeking Prosecutorial Discretion (PD)

In light of the Obama administration’s recent executive order that went into effect January 5, 2015, you may qualify to take prosecutorial discretion (PD), also commonly known as “freezing your case.” The executive order states that individuals with a criminal history who haven’t committed a felony or a “significant misdemeanor” and who entered the U.S. before January 1, 2014 are not considered to be an “enforcement priority.” In other words, if you fit this description, the U.S. government does not desire to deport you.

If your case is currently in immigration court, the BIA (Board of Immigration Appeals), or at the 9th Circuit Court of Appeals or any other federal circuit court, it’s very important that you immediately consult with an expert immigration attorney like Sassoun A. Nalbandian, lead attorney for Nalbandian Law to discuss if seeking prosecutorial discretion is the right choice in your situation.

Understand the Pros and Cons of Freezing your Case

PROS
With prosecutorial discretion, you will be able to enjoy these advantages:

  • You will continue to obtain annual employment authorization.
  • You will not be at risk for deportation or denial of your case.
  • You will live and work freely in the U.S. until there is a change in the US immigration laws.
  • Freezing your case isn’t permanent. If you decide to proceed with your case for appeal any time after freezing your case, you have the right to ask the court to re-calendar your case. Please note that in order to go forward with your asylum or court case, you have to have very strong facts on your side; otherwise, PD is typically a safer option for you, especially if your spouse and children are already with you here in the U.S.

CONS
Prosecutorial discretion has its disadvantages, too:

  • You won’t be able to have your case heard by an immigration judge while your case is frozen.
  • Your status will be in limbo (undecided) until there is a change in immigration law or until you have another way of obtaining residency such as marrying a U.S. citizen.
  • You will not be able to travel outside the United States while your case is administratively closed.

Don’t Risk Deportation by Hiring an Inexperienced Lawyer!

Due to the complexity of Prosecutorial Discretion cases and the serious ramifications of making such a decision, we strongly advise you to seek the advice of an expert immigration attorney like Sassoun A. Nalbandian of Nalbandian Law. Call for an expert consultation today – (818) 244-0310 or contact us online. We will steer you on the right path and will always advise you as to what is the best option for you.

The Importance of a Detailed Psychological Evaluation

Have you recently lost an I-601 hardship waiver case, VAWA Abused Spouse case, asylum case, or criminal deportation case because you couldn’t provide documentation of your hardship or abuse that would have clearly shown the judge or USCIS officer why your case should be approved? Even if your application or waiver has been denied, it may not be too late to re-submit your case with stronger documentation that impresses even the toughest immigration judges and officials.

Nalbandian Law’s Perfect Success Rate with Hardship Waiver & VAWA Cases

Over the past 15-plus years, the immigration law experts at Nalbandian Law, Los Angeles, have maintained a 100% success rate with I-601 Hardship Waivers and VAWA Abused Spouse cases for our clients, even in those cases where our clients had no documentation or hospital records proving physical or emotional abuse or persecution.

The key to our perfect track record is the fact that documentation prepared by Nalbandian Law features a long, detailed psychological report prepared by a professional psychologist explaining the real emotional hardship endured by our client or their loved ones. This detailed assessment/report is usually 15 to 25 pages long and clearly describes the nature of the abuse, how it happened, and how long it occurred.

Trained, licensed psychologists understand the true impact of emotional and physical abuse and are able to carefully explain the short-and long-term effects it can cause. As a result, when immigration court judges and USCIS officials read our psychological assessments, they are able to understand the severity of the hardship endured by our client and their loved ones.

Turning I-601 Hardship Denials into Approvals

Hundreds of distraught aliens have come to Nalbandian Law after their hardship waiver cases handled by other attorneys were denied. When lead immigration attorney Sassoun A. Nalbandian reviewed each case, he discovered that the majority of them were valid cases for hardship waivers.

Why did the valid hardship cases get denied? Our clients’ previous lawyers didn’t provide adequate documentation to prove their client’s hardship case. They didn’t understand that they could have been victorious if they had taken the time to provide stronger documentation and a detailed psychological evaluation/report.

Other Types of Cases Where Psychological Assessments are Critical

  • Asylum Cases — Perhaps you fled your native country so quickly that you had no time to get hospital records, police reports, or arrest records or your requests for those records were denied. In the absence of proof of persecution and abuse, a detailed psychological evaluation can make a strong case for approving your asylum application in the absence of other documentation.
  • Abuse in Your Marriage to a U.S. Citizen (VAWA) — You may have suffered physical and/or emotional abuse at the hands of your U.S. citizen-spouse, but you don’t have physical signs of the abuse. Your case may be further complicated by the lack of proof that your marriage is bona fide. Nalbandian Law will illustrate and strengthen your case with a detailed psychological report prepared by a licensed psychologist.
  • Criminal Deportation — In order to prevent a criminal deportation order, Nalbandian Law will concentrate on the extreme emotional hardship your deportation will cause on your loved ones and prove the hardship with a detailed psychological assessment. The evaluation helps the immigration judge understand the strong bonds of your family and the severe emotional distress your spouse, parents, siblings, and children will experience if you are forced to leave the U.S.
  • I-751 Good Faith Waivers — If you want to convert your two-year green card to permanent green card, we strongly believe that a well-prepared psychological report is a must, especially if you do not have enough documentation to prove that your marriage was bonafide and/or that you were abused in your marriage.

“We often see cases from other attorneys where the waiver or political asylum applications were denied due to a lack of psychological assessment or because the assessments were submitted by the other attorneys were weak and unpersuasive,” said attorney Sassoun A. Nalbandian. “In many cases previously handled by other attorneys and denied by immigration court, we were able to reopen the cases once the file was brought to us and made sure it was approved.”

Schedule a Consultation Today!

Call Nalbandian Law at (818) 244-0310 or contact us online for a personal consultation with lead attorney Sassoun A. Nalbandian. He will review your situation in detail and help you achieve victory!

*Approval rates do not guarantee future approval of your petition. No attorney can ethically guarantee any outcome. Always consult with a licensed, competent immigration attorney such as the experienced immigration attorneys at Nalbandian Law before filing your case.

Can I Reopen My Deportation Order Because of Criminal Immigration Law Changes?

img_nalbandian_lawIf you are an alien and facing deportation because of a crime/crimes you committed or you have been ordered deported by a judge, we have good news for you! Due to recent changes in criminal deportation laws, your crime may no longer be a deportable offense. Examples of these changes include:

  • California commercial burglary and firearm crimes are no longer deportable offenses.
  • New Supreme Court decisions may also affect convictions involving controlled substances, theft, and other types of convictions.
  • Even with aggravated felonies and even if you have signed a voluntary deportation/removal order and chosen not to fight your case in immigration court, we may still be able to reopen your case based on recent changes in criminal immigration laws. For example, 212(h) waiver is now available to green card holders with aggravated felonies, if they adjusted their status in the United States instead of having initially arrived on an immigrant visa. Previously this waiver, 212(h), was not available to green card holders who had aggravated felonies.

It Is Highly Recommended That You Consult With a Top Criminal Immigration Lawyer!

It is very important to have your case reviewed immediately by an experienced criminal immigration law firm like Nalbandian Law in the Los Angeles area. Our firm is one of the leading experts in criminal immigration law in the state of California. We handle more immigration cases involving criminal offenses than any other type of immigration issues. Our experience shows us that it is always better to file our clients’ cases within 90 days of published Supreme Court or Circuit Court decisions.

Sassoun A. Nalbandian, our lead attorney for criminal immigration cases, will personally meet with you and review the details and give you an honest assessment. If Mr. Nalbandian determines that you have a good case, he will file a motion to reopen the removal proceedings. Attorney Nalbandian will argue in court, on your behalf, that your original original criminal offense is no longer a deportable one.

“We are reopening many cases where individuals had aggravated felonies, were unable to keep their green cards, and were ordered removed in spite of the fact their spouses and children are U.S. citizens,” Mr. Nalbandian said. “So if you are facing deportation, don’t lose hope, because we can still win your case based on many recent changes in criminal immigration laws.”

Why You Need a Criminal Immigration Law Firm

Nalbandian Law has handled and won hundreds of criminal deportation cases for clients over the past 15-plus years. We know from experience that criminal immigration laws—filled with nuances and open to interpretation—are the most complex and complicated body of law in the judicial system.

With our 99%* success rate of winning cases for clients facing criminal removal proceedings, Nalbandian Law will confidently represent your case and achieve the best possible outcome. We’ll prepare you for what you can expect in immigration court, and we’ll be at your side. You’ll feel confident knowing we’ve done our very best to win a favorable decision for you.

Staying on Top of Breaking Immigration News

“An important part of our job as criminal immigration experts is to constantly monitor changes in immigration laws every day so that our clients can always be in the best position to benefit from them,” said Attorney Nalbandian.
Nalbandian Law is an active member of the respected American Immigration Lawyers Association (AILA). We have access to the most comprehensive databases of information about immigration decisions, so we are always up to date on developments that can strengthen your case.

Schedule a Consultation Today!

Call Nalbandian Law at (818) 244-0310 or contact us online for a personal consultation with attorney Sassoun A. Nalbandian. He will review your situation and provide an honest assessment of the likelihood of wining your criminal deportation case.

Read more about Our Full Range of Immigration Law Services
From Asylum Petitions and Business Immigration to Naturalization/Citizenship Applications and VAWA Petitions, Nalbandian Law can help you achieve your immigration goals.

*Approval rates do not guarantee future approval of your petition. No attorney can ethically guarantee any outcome. Always consult with a licensed, competent immigration attorney such as the experienced immigration attorneys at Nalbandian Law before filing your case.

How Long & How Often Can I Travel Before I Lose My Green Card?

banner_img3As a legal permanent resident and green card holder, you may have many legitimate reasons for traveling outside of the U.S. such as serious family problems back home, caring for a sick relative or a young child, business trips, or returning to school to finish your education.

Unfortunately, having a green card doesn’t mean you can come and go as you please. Without understanding the general rules that govern how long or how often you can travel outside of the U.S., you could easily overstep the boundaries of your rights and jeopardize your permanent resident status. Even worse, you could be placed in abandonment proceedings, lose your green card, and be forced to return to your native country.

That’s why Sassoun A. Nalbandian recommends that green card holders consult with an immigration attorney before they leave the United States.

Abandonment Is a Complex Immigration Issue

Instead of having clear-cut guidelines, rules and regulations, abandonment is a very complex immigration issue that must be resolved case by case before an immigration judge. The main reason for its complexity is the fact that airport and customs officials and/or immigration judges don’t just look at how long you were outside of the U.S. They also look at your true intentions and the nature of the circumstances that kept you away longer than you originally anticipated.

What Circumstances Constitute Abandonment?

These are several examples of what can happen to you when you don’t understand the nature and limitations of your travel rights as a green card holder:

  • Can I travel, come back to the U.S. every six months for a few days, then travel again, thus repeating the cycle?
    It is not recommended. Immigration officials can make an abandonment of green card determination based on the fact that you have been outside of the U.S. for a longer period of time than inside.
  • Can I travel more than six months but come back in less than one year?
    Generally, green card holders who travel and return within one year are not likely to abandon their permanent residence. But if you are absent for more than six months continuously but less than one year, immigration officials can presume that you have broken your continuous residence for naturalization purposes. Therefore, you’ll need to wait four years and one month from the date of your return from your last trip of over six months before you can apply for citizenship. There are two exceptions to the rule:

    • You prove that you maintained your U.S. residence.
    • You show that your absence for over six months was beyond your control.
  • Can I leave the U.S. for longer than one year?
    Immigration officials will find you in abandonment of your permanent resident status unless you have a Re-Entry Permit, a document that allows you to be outside of the U.S. for a maximum of two years continuously. You will still have to wait four years and one month from the date of your return to the U.S. before you can apply for citizenship. There are three exceptions to the rule:

    • You only have to wait two years and one month to apply for citizenship if you obtained your permanent legal resident status through marriage to a U.S. citizen, and
    • You can apply for an SB-1 Returning Resident Visa at the U.S. consulate in your native country where you’ll have more protection with abandonment issues than you would in your native country.
    • If you have been outside of the U.S. for over one year and your failiour to return to the U.S. was not your fault or you have sufficient documentation to prove that you did not intend to abandon your residence, you may be permitted to keep your green card.

Are You Facing Abandonment Proceedings?

If you or your loved one is outside the U.S. and afraid to return because of a lengthy absence, or you are already in abandonment proceedings, contact Nalbandian Law for immediate consultation. “Even if you are facing deportation,contact us immediately,” Mr. Nalbandian emphasized, “because it’s still not too late for us to help you keep your permanent resident status.”

Pay Special Attention to This Warning

If you arrive back in the U.S. unaware that you’re in jeopardy of being deported, you may REFUSE TO SIGN ANY PAPERWORK the immigration officials tell you to sign that states you voluntarily abandon your permanent legal resident status. You always have the right to request a consultation with your attorney before you sign any paperwork.
For over 15 years, Nalbandian Law has maintained a perfect success rate* with abandonment cases for permanent residents. “With affidavits and documentation, we were able to show that our clients’ sincere intent was not to abandon their permanent residence in the U.S.,” Mr. Nalbandian said.

Schedule a Consultation Today!

Even though, we highly recommend that you consult with us before you travel, we can still help you if you are facing abandonment proceedings. Call Nalbandian Law at (818) 244-0310 or contact us online for a personal consultation with attorney Sassoun A. Nalbandian.

*Approval rates do not guarantee future approval of your petition. No attorney can ethically guarantee any outcome. Always consult with a licensed, competent immigration attorney such as the experienced immigration attorneys at Nalbandian Law before filing your case.

Winning Your I-601 Hardship Waiver!

img_nalbandian_lawIf you are an alien who has been found to commit fraud or misrepresentation on any occasion in order to receive immigration benefits, you will need to file an
I-601 form to apply for a “hardship waiver” that will allow you to enter the U.S. or prevent you from being deported to your native country.

I-601 Extreme Hardship Waiver Applications

The applicant must show that a qualifying member of his or her immediate family—who is a U.S. citizen or a permanent resident—will suffer extreme hardship if the alien isn’t allowed to enter the U.S. or has to be removed from the U.S.

One example of extreme hardship is if the whole family would have to move back to their native country in order to be together. There are many other way in which you can prove extreme hardship.

Since immigration judges or USCIS officers make their decisions based on the merits of each case, they look carefully at the documentation of hardship that you provide. If the documentation doesn’t provide enough proof of hardship, your hardship waiver will be denied, unless you are able to establish the requisite extreme hardship through detailed affidavit from you and other key witnesses and/or credible, detailed in-court testimony.

The I-601 Form by Itself Is not Enough to Win Your Case

“Don’t assume that all you have to do is fill out the two-page form, and the judge or immigration officer will automatically approve your hardship waiver, because that simply won’t happen,” said Sassoun A. Nalbandian of Nalbandian Law. “It takes much more documentation than a simple form to convince the judge or immigration officer that your removal from the United States will cause extreme hardship to your loved ones.”

Nearly 100% Success Rate* with Hardship Waiver Approvals
Nalbandian Law, a Los Angeles immigration law firm, has an impressive track record of victories helping hundreds of clients get hardship waivers for their previous fraud and misrepresentation issues.
The key is in the documentation of the hardship situation, said lead immigration attorney Sassoun A. Nalbandian. Mr. Nalbandian gathers comprehensive, detailed information to present to the immigration judge, including:

  • Detailed psychological assessments of hardship from reputable psychologists that immigration judges respect and trust
  • Detailed affidavits from U. S. citizen or permanent resident family members who can attest to the hardship situation
  • Extensive Documentation – including country condition reports, medical reports, proof of economics conditions in the home country, proof of employment in the U. S., children’s report cards, and any other documents that other attorneys and/or our clients may not have considered important.

“Our goal is to impress immigration judges or officers with the documented strength and validity of our client’s hardship waiver case,” said Mr. Nalbandian.

Hardship Waivers Approved After Having Been Previously Denied

Many aliens come to Nalbandian Law after their hardship waivers were denied when other lawyers represented them. Most had legitimate reasons for applying for a hardship waiver, Mr. Nalbandian explained, but their ex-lawyer didn’t provide sufficient documentation to prove their case.

Here’s how one Nalbandian Law client felt after winning his hardship waiver case:

“Thank you, Mr. Nalbandian! My previous attorney prepared my I-601 fraud waiver, but it was denied. I lost all hope. Then I came to Nalbandian Law, and you prepared a new I-601 waiver packet and USCIS approved it. My hardship was the same as the time I was denied. The difference was Mr. Nalbandian’s expertise. He provided more details and documents about my hardship and helped me win my case.”

– M. Gomez, Client

Schedule a Consultation Today!

Call Nalbandian Law at (818) 244-0310 or contact us online for a personal consultation with attorney Sassoun A. Nalbandian. He’ll review your situation and explain how our long history of successes with I-601 extreme hardship waivers can work in your favor.

*Approval rates do not guarantee future approval of your petition. No attorney can ethically guarantee any outcome. Always consult with a licensed, competent immigration attorney such as the experienced immigration attorneys at Nalbandian Law before filing your case.

I-751 – Petition to Remove Conditions on Two-Year Green Card

immigration layer los angelesWhen you recently married a U.S. Citizen, you received a temporary (conditional) green card that is valid for only two years. It’s important to know that if you don’t file an I-751 petition within 90 days prior to the two-year deadline for changing your temporary two-year green card into a permanent one, you could face deportation. There are exceptions for filing before the 90-Day window (i.e. in case of divorce or death of spouse) or after the expiration of the 90-Day window (if you forgot to file on time, but provide a reasonable explanation).

Different Types of I-751 Petitions / Waivers

  1. Joint Petition — You are still married. You need to submit a I-751 petition within 90-Days prior to expiration of your green card, along with evidence to prove that you are still married.
  2. Good Faith Waiver — You are divorced. You need to petition for this waiver at anytime within the two-year period. We advise you to consult with an expert attorney at Nalbandian Law due to complexity of the process, given that you may end up in removal proceedings if waiver is not properly documented.
  3. Abused Spouse Waiver — You have been verbally, emotionally, or physically abused by your U.S. citizen spouse. You may petition for this waiver anytime within the two-year period. You do not need a final divorce unlike the good faith waiver. However, you do need to prove that your marriage was genuine (good faith marriage). This waiver is recommended if your divorce proceedings are being prolonged or if you are afraid to file for divorce.
  4. Widowed Spouse Waiver — Your U.S. citizen spouse has passed away. You may file for this waiver at anytime during the two-year period followed by the death of your spouse. Once again, you need to prove that your marriage was entered in good faith.
  5. Hardship Waiver — You or your dependent children will face extreme hardship if removed from the United States. You would apply for this waiver if none of the other waivers were to apply to you. You can apply for this waiver anytime within the two-year period.

The Key to Success with I-751 Waivers for Conditional Green Cards

Expert immigration lawyer Sassoun A. Nalbandian of Nalbandian Law, a dedicated Los Angeles area immigration law firm, has a 100% success rate* handling hundreds of I-751 petitions over the past 15 years for clients with temporary green cards. The key to Mr. Nalbandian’s perfect score of client victories in I-751 petition cases can be found in his carefully detailed, meticulous documentation of each client’s case. He always advises clients to gather as much joint documentation as possible that clearly illustrates the details of their good-faith marriage. As a client of Nalbandian Law, you will be asked to gather documentary evidence such as:

  • A written, detailed explanation of why your marriage ended in divorce
  • Pictures of you and your spouse together
  • Family pictures at home and other locations
  • Family vacation pictures
  • Your names on car insurance, life insurance, and home insurance
  • Tax returns
  • Bank accounts and credit card accounts
  • Medical reports that substantiate physical abuse and battery, as well as psychological abuse
  • Medical documents regarding your attempts to have a child with fertility drugs and other methods
  • Plus any other pictures and documents that clearly illustrate your life with your spouse

The specific type of documentation Nalbandian Law will need to effectively present your case will depend on your individual situation.

What if You Don’t Have Sufficient Joint Documentation of Your Marriage?

“Don’t worry, all is not lost,” Mr. Nalbandian emphasizes. “We can prepare highly detailed affidavits from you and from witnesses based on the facts you provide to us. We can paint a very clear picture of your good-faith marriage with honest, accurate witness descriptions.”

IMPORTANT: Nalbandian Law has won many cases where the individuals had little or no joint documentation and had lived with their spouses as short as a few weeks after their marriage.

Schedule a Consultation Today!

Call Nalbandian Law at (818) 244-0310 or contact us online for a personal consultation with Attorney Sassoun A. Nalbandian.

*Approval rates do not guarantee future approval of your petition. No attorney can ethically guarantee any outcome. Always consult with a licensed, competent immigration attorney such as the experienced immigration attorneys at Nalbandian Law before filing your case.

Why a Guilty Plea Could Get You Deported

img_nalbandian_lawWhen immigrants are arrested for a criminal offense, they call a criminal lawyer to defend them. Sounds like a good idea, but often it’s the first step down the road to deportation. That is because criminal lawyers more often then not fail to consult with an experienced immigration attorney. Because of their lack of knowledge of immigration laws, criminal lawyers don’t realize that the best plea for a U.S. citizen could, in fact, be the worst plea for an immigrant in your situation.

Your Best Defense Against Criminal Deportation

“If you are not a U.S. citizen, before you enter a guilty plea, insist that your lawyer contact an immigration lawyer with experience helping aliens avoid criminal deportation,” said expert immigration attorney Sassoun A. Nalbandian of Nalbandian Law in Los Angeles.

The attorneys at Nalbandian Law routinely handle a larger percentage of criminal immigration cases. They know from experience that criminal immigration laws—fraught with nuances and open to interpretation—are the most complex and complicated body of law in the judicial system. Although a certain type of guilty plea for a criminal offense may have the best outcome for a U.S. citizen, that same plea can have devastating and potentially irreversible immigration consequences for an immigrant. “Even if you are facing deportation, don’t lose hope,” Mr. Nalbandian said, “because we can still fight your case if you are placed in removal proceedings.”

We Don’t Replace Your Criminal Lawyers—We Consult with Them

Once your attorney contacts Nalbandian Law and explains your criminal charges, Mr. Nalbandian will carefully prepare a criminal research opinion letter which identifies the specific kind of pleas your attorney should enter in order to avoid any negative immigration consequences for you.

“Our job as an immigration law consultant to your attorney is to choose the best possible plea that either avoids immigration consequences or, if that’s not possible, gives you the best chance of getting your removal proceedings cancelled, (i.e. keeping your green card)” Mr. Nalbandian said. “Your criminal lawyer can then show the letter to the judge/prosecutor to make sure achieve the best possible plea for immigration purposes.”

Criminal Immigration Laws Change Constantly

Criminal laws change on a daily basis, making a tough situation even trickier. For example, certain drug crimes that once were not deportable crimes are now deportable. Firearms and commercial burglary crimes may no longer be deportable offenses.

Mr. Nalbandian said, “we could always recommended different sections of the criminal code that could help avoid deportation in your case.”

Staying on Top of Immigration News

An important part of our job as criminal immigration experts is to stay on top of changes in immigration law every day so that our clients can always be in the best position to benefit from them,” said Attorney Nalbandian.

The attorneys at Nalbandian Law are active members of the respected American Immigration Lawyers Association (AILA). We have access to the most comprehensive databases of information about immigration decisions, so we are always up to date on developments that can strengthen your case.

Schedule a Consultation Today!

Call Nalbandian Law at (818) 244-0310 or contact us online for a personal consultation with attorney Sassoun A. Nalbandian to discuss your criminal/immigration case in detail.

Opt Out Provision: Now You May Be Able to Reunite with Family Even Faster

img_need_a_immigration_layerIf you filed your I-130 petition for your adult son or daughter (over 21 years of age) while you were a green card holder (Permanent Resident Citizen) and you are now a naturalized US citizen, you may be able to bring your family to the U.S. a year earlier than you expected by using a special “Opt Out” provision made available by U.S. Citizenship and Immigration Services (USCIS) for family immigration.

Every month, the National Visa Center-Visa Bulletin (NVC) shows the changing waiting periods for each type of visa petition for a family member who petitions for another family member to come to the United States. Adult children of green card holders and naturalized citizens are in categories known as “Family Sponsored Preferences” which are subject to numerical limits on immigrant visas available each year:

  • F1: Unmarried Sons and Daughters of U.S. Citizens
  • F2B: Unmarried Sons and Daughters (21 years of age and older) of Permanent Residents
  • F3: Married Sons and Daughters of U.S. Citizens
  • F4: Siblings of U.S. Citizens

Depending on the “preference” category, the waiting times can vary from month to month.

How “Opt Out” Can Shorten the Waiting Time

The Visa Bulletin shows that during the current month—February 2015—the waiting period is one year shorter for unmarried adult children of Permanent Residents (F2B category) than it is for unmarried adult children of U.S. citizens (F1 category).

If you are now a U.S. citizen who petitioned for your adult child while you were a green card holder, the Opt-Out provision allows you to ask USCIS or the National Visa Center to process your case as an F2B Preference and take advantage of this month’s shorter waiting time.

If you qualify for this opt-out provision, call the family immigration experts at Nalbandian Law in Los Angeles—PHONE—so we can file your opt-out request with USCIS or the NVC. “We may be able to bring your unmarried adult son or daughter to the U.S. approximately one year earlier than you though possible,” said lead immigration attorney Sassoun A. Nalbandian.

Since waiting times vary from month to month, Mr. Nalbandian added, it’s important for all families with children in the F1 and F2B preference to contact Nalbandian Law. “That’s because we constantly monitor monthly changes in waiting times and can alert you to the best times to use the opt-out provision to reunite with your family faster.”

Schedule a Consultation Today!
Call Nalbandian Law at (818) 244-0310 or contact us online for a personal consultation with one of our experienced immigration lawyers about the Opt-Out provision and how you may be able to reunite with your adult children even faster. We’ll review your situation and explain how our top-notch preparation and 99% track record of successes can start working on your family’s behalf.

*Approval rates do not guarantee future approval of your petition. No attorney can ethically guarantee any outcome. Always consult with a licensed, competent immigration attorney such as the experienced immigration attorneys at Nalbandian Law before filing your case.

EB-1A Visa: Alien of Extraordinary Ability

banner_img3An EB-1A Visa/Green Card may be available to you if you can prove you are an alien with an extraordinary ability in the sciences,  arts (television/music industry) or athletics.

Are you a nationally or internationally renowned artist, entertainer, or athlete?

If you have received international recognition such as a Nobel Prize or an Academy Award in the film industry, that type of elite award is sufficient to qualify. However, all other aliens of extraordinary ability will need to meet three of the following 10 USCIS criteria in order to qualify for this unique employment-based, first-preference visa:

  1. You have received other prestigious nationally or internationally recognized prizes or awards for excellence in your field.
  2. You are a member of distinguished associations which require that their members have outstanding achievements that have been judged and recognized by national or international experts in their fields.
  3. There is published material in professional/major trade publications or major media about you and relating to your field of work
  4. You have participated as a judge—individually or as a part of a panel—evaluating the work of others
  5. You have made original scientific, scholarly or artistic contributions of major significance
  6. You have authored scholarly articles in professional journals or other major media
  7. You have artistic exhibitions and shows
  8. You have a leading role within an organization/establishment with a distinguished reputation
  9. You have a high salary/compensation for your services in comparison to others
  10. You have commercial success within the performing arts, as shown by either box office receipts or by cassette, compact disk, video, or DVD sales figures

You must also show that your admission into the United States will substantially benefit the U.S. in the future.

Extraordinary Ability (EB-1A) Green Card for Our Clients

After being told by other attorneys that they didn’t qualify as “aliens of extraordinary ability,” a journalist and a music composer consulted with Nalbandian Law. “In each case,” Mr. Nalbandian said, “we carefully examined their claim and determined we could successfully represent them. Their EB-1A petitions were approved, and they both now have EB-1A visas.”

Nalbandian Law is dedicated to helping you succeed in all types of immigration issues—from fiancé visas and EB-1A visas to the most difficult deportation cases. Over the past 15 years, we have maintained a 99% success rate* for our clients. Read more about Nalbandian Law Immigration Services.

Schedule a Consultation Today!
Call Nalbandian Law at (818) 244-0310 or contact us online for a personal consultation with one of our experienced immigration lawyers about EB-1A visas. We will review your situation and explain how our top-notch preparation can help you qualify for a green card as an “alien of extraordinary ability.”

*Approval rates do not guarantee future approval of your petition. No attorney can ethically guarantee any outcome. Always consult with a licensed, competent immigration attorney such as the experienced immigration attorneys at Nalbandian Law before filing your case.

AB 60: Key Questions about California’s New Driver’s License Law for Immigrants

banner_breaking-news
AB 60, California’s new Safe and Responsible Driver Act went into effect on January 1, 2015. It is a joyous time particularly for the state’s large undocumented immigrant population.

Now immigrants who can prove they are California residents and also have certain required documents can apply for a learner’s permit. After passing a driving test, they will receive a valid California driver’s license for the normal fee of $33. It is important to note that an AB 60 driver’s license cannot be used as identification for travel purposes other than driving a vehicle.

For a detailed list of the documentation required by the California DMV, please go to AB60 Eligibility Guidelines.

Visit AB 60 Driver License Implementation for general information from the California DMV about the application process.

Frequently Asked Questions about Safe and Responsible Driver Act

  1. Will I qualify for an AB 60 license if I have prior immigration violations or a prior order of deportation?

 You can still qualify for an AB 60 license, however getting a license could put you at risk if ICE (Immigration and Customs Enforcement) is already looking for you due to a criminal offense or a recent deportation order. ICE has the right to ask the California Department of Motor Vehicles for information about you.

  1. Will I qualify for an AB 60 license if I previously received a California driver’s license using a fake name or social security number?

In your situation, you’re taking a big risk applying for an AB 60 license. Even though there are advocacy groups working to get the California Department of Motor Vehicles to relax its position, the department still pursues fraud cases very aggressively because they see them as a security risk. Do not apply with the DMV until you seek legal advice from an experienced immigration law firm like Nalbandian Law in the Los Angeles area.

  1. Will I qualify for an AB 60 license if I have a license from another state but never lived there?

If you used accurate information about yourself and the other state didn’t require a social security number, you shouldn’t have a problem applying for California’s AB 60 license. On the other hand, if you used any false information when you applied for a driver’s license in another state such as a fake name, social security number or something that identified you as a security concern, there’s a chance that California DMV could find out about it and begin an investigation. Don’t take an unnecessary chance; seek legal advice before you apply.

  1. If I have a deportation order but haven’t left the United States, will it place me at risk if I apply for an AB 60 license? 

You may be placing yourself at greater risk especially if you have a recent deportation order and if ICE is already looking for you. ICE has the right to ask the DMV for information about you. Once again, in your situation, it’s wise to consult an expert immigration attorney like Sassoun A. Nalbandian at Nalbandian Law before you apply for an AB-60 driver’s license.

Mr. Nalbandian explained, “We may be able to file motions to reopen our clients’ deportation cases to give them the opportunity to then apply for their driver’s licenses without the fear of detention and/or deportation.”

Schedule a Consultation Today!

Call Nalbandian Law at (818) 244-0310 or contact us online for a personal consultation with one of our experienced immigration lawyers about the new AB 60 driver’s license law and how it affects you.

*Approval rates do not guarantee future approval of your petition. No attorney can ethically guarantee any outcome. Always consult with a licensed, competent immigration attorney such as the experienced immigration attorneys at Nalbandian Law before filing your case.

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Mr. Nalbandian was the lawyer who handled my wife's Green card case. Thanks to him everything went well and at very timely manner. I would recommend him with most confidence.

- Jose Garcia, CA