1. Immigration Law
    1. Family Based Immigration
      1. Sponsoring Family Members for a Green Card
      2. United States Citizens have the right to petition for their parents, spouse, adult siblings, and children to have lawful permanent residency in the United States, while a Lawful Permanent Resident has the right to petition for their spouse and children. Read our pages on Consular Processing and Adjustment of Status to learn more about the process of filing for lawful permanent residency!
  • Marriage Based Green Card
    1. United States Citizens and Lawful Permanent Residents have the right to petition for his or her spouse to have lawful permanent residency in the United States. In addition to proving that the legal relationship exists, applicants must also prove their bona fide marriage. This means that the applicants are married for love, and not for an immigration benefit. The attorneys of Flecha Law have great experience helping spouses file for their spouses. Read our pages on Consular Processing and Adjustment of Status to learn more about the process of filing for lawful permanent residency!
  1. Consular Processing
    1. Consular Processing is the act of applying for lawful permanent residency with a U.S. Embassy abroad. This process is utilized for people who live outside the United States, and for people currently in the United States who entered the country “without inspection.” If one entered the United States “without inspection,” meaning crossing the U.S. Border without proper documentation or paperwork, the applicant typically must depart the United States to apply for lawful permanent residency. In some cases, if the applicant has lived in the United States without an immigration status, a waiver is required before departing to avoid receiving a bar from returning to the United States. Determining if it is possible to consular process after living in the United States without proper documentation requires a complex legal analysis of your specific case. The attorneys of Flecha Law can help you determine if you qualify to apply for lawful permanent residency via consular processing.
  2. Adjustment of Status
    1. Adjustment of Status is generally only possible for those who have entered the United States “with inspection,” meaning the United States government granted you permission to enter the United States via an entry with a visa or other immigration status. “Adjustment of Status” is a technical term for applying for lawful permanent residency from within the United States. Applicants for Adjustment of Status are interviewed by the USCIS Field Office local to their home address.
    2. If one entered the United States “without inspection,” meaning crossing the U.S. Border without proper documentation or paperwork, Adjustment of Status is only available in limited circumstances. For example, INA § 245(i) permits some people to apply for Adjustment of Status, despite entering the United States without inspection. The attorneys of Flecha Law can help you determine if you qualify for Adjustment of Status.
  3. I-751 Petitions to Remove Conditions on Residence
    1. Conditional Residents enjoy all the same rights and responsibilities as a Lawful Permanent Resident – there is no legal distinction between a Conditional Permanent Resident and a Lawful Permanent Resident. However, a Conditional Resident who receives their status based on marriage to a U.S. Citizen or Lawful Permanent Resident receives their status for two years. Within 90 days of the expiration of Conditional Residency, one must file to remove conditions on residency via an I-751 Petition. This involved providing evidence of your good faith marriage to the government, to establish you married for love and not for an immigration benefit.
    2. Typically, the I-751 Petition must be filed jointly by both spouses. Exceptions to filing jointly exist in circumstances where the marriage terminated, the petitioning spouse passed away, the foreign national spouse or child suffers domestic violence, or removal of the foreign national spouse would result in extreme hardship. If any of these circumstances apply, a conditional resident may filed for a waiver of the requirement to file the I-751 jointly. Additional evidence is necessary. The attorneys of Flecha Law can help you file to remove conditions on your conditional residency, either jointly or with request for a waiver of joint filing.
  4. I-601A Provisional Waivers of Unlawful Presence
    1. If a person who entered the United States without inspection is applying for lawful permanent residency based on a family relationship, it is not always possible to apply for Adjustment of Status in the United States. Typically, that person must consular process to apply for lawful permanent residency. However, a problem arises when a person who has lived in the United States without documentation for years. Under INA § 212(a)(9)(B)(i)(I) and (II), a person who has more than one year of unlawful presence and departs the United States is subject to a 10 year bar on returning to the United States. If a person has between 6 months and under 1 year of unlawful presence, a 3 year bar on returning to the United States occurs upon departure. Thus, if an applicant has the requisite level of unlawful presence and departs the United States to be interviewed abroad at the U.S. Embassy, he or she will be barred from returning to the United States for years.
    2. The I-601A Provisional Waiver of Unlawful Presence provides relief from the unlawful presence bar. If the applicant can establish that their qualifying relative, either a United States citizen or Lawful Permanent Resident spouse or parent, will suffer extreme hardship if the waiver is not granted. If approved, the I-601A Provisional Waiver of Unlawful Presence permits the applicant to depart the United States without receiving a bar on returning, meaning the applicant can take a short trip abroad to be interviewed at the U.S. Embassy and then return home to their loved ones in the United States. The attorneys of Flecha Law have helped many people from all of the world apply for the I-601A Waiver of Unlawful Presence – contact us to evaluate your case and if the requisite level of hardship exists to file!
  • I-601 Waivers of Inadmissibility
    1. Our immigration laws list all the scenarios when someone is “inadmissible,” or not eligible to be approved for lawful permanent residency. In some cases, our immigration law permits one to apply for an I-601 Waiver of Inadmissibility, depending on the inadmissibility ground at play. The attorneys of Flecha Law can help you determine if you may be inadmissible to the United States, and if so, if an I-601 Waiver of Inadmissibility is available.
  • I-212 Application for Permission to Reapply for Admission into the United States After Deportation or Removal
    1. If a person was deported from the United States, he or she will receive a bar on returning to the United States for 10 years. However, if that person has a legal manner to return to the United States via a family-based or other immigration visa, he or she can apply to return to the United States prior to the expiration of the 10 year bar. That requires approval of an I-212 Application for Permission to Reapply for Admission into the United States After Deportation or Removal. USCIS will weigh the positive and negative factors in your case in determining whether to grant you permission to return to the United States. The attorneys of Flecha Law are able to evaluate your case and help you determine if you can qualify for the I-212 Application for Permission to Reapply for Admission into the United States After Deportation or Removal.
  1. Humanitarian Claims
    1. Asylum
      1. Flecha Law has handled Asylum claims from all over the world – Venezuela, Georgia, El Salvador, Mexico, Guatemala, Honduras, Colombia, Cameroon, Togo, the Democratic Republic of Congo, Ethiopia and Honduras are a few examples of from where our clients seek protection.
      2. If one wins asylum in the United States, he or she is granted Asylee status, which grants the rights to live in the United States, travel abroad and return to the United States (on a Refugee Travel Document), work in the United States, and apply for Lawful Permanent Residency a year after approval of the asylum application, if additional requirements are met.
      3. Asylum is a very complex area of immigration law, reserved for those who require protection from their country of citizenship. Generally, one must prove he or she suffered persecution, or has a future fear of persecution based on his or her race, religion, nationality, political opinion or particular social group. The definitions of each of these terms are nuanced legal concepts; it is very beneficial to speak with an immigration attorney before applying for asylum to evaluate the strength of your case.
      4. Apart from the legal standard to win asylum, one must also file their application before he or she has been in the United States for one year. This is referred to as the “one year deadline” for asylum. It is crucial that an asylum application is submitted on time. Sometimes extraordinary circumstances or changed circumstances may apply and excuse the one year filing deadline. If you did not file your asylum application on time, the attorneys of Flecha Law can evaluate your case and help determine if an argument for extraordinary or changed circumstances exist.
    2. U Visas for Crime Victims in the United States
      1. The U Visa is an application for a valid immigration status available to crime victims who have helped law enforcement investigate or prosecute a crime committed in the United States and who have suffered physical or mental abuse as a result of the crime. Not all crimes qualify for the U Visa – examples of crimes that U Visa clients of Flecha Law have suffered include domestic violence, felonious assault, extortion, rape, sexual assault, and murder.
      2. In order to apply for the U Visa, one must first be certified as a crime victim who was helpful in the investigation or prosecution of the crime by a law enforcement official – generally, this can be a police officer, prosecutor or judge. If certified, one has six months to file their application for a U Visa.
      3. Applying for a U Visa is a long process. Only 10,000 U Visas are available to distribute each year. Because of this limit, there is a substantial waiting period to receive a decision on an application for a U Visa. It can take as long as 4-5 years to receive a decision on your application.
      4. If a U Visa is approved, the applicant is granted U Nonimmigrant Status for four years. After one’s third year in U Nonimmigrant Status, one can apply for Lawful Permanent Residency. If you have suffered a crime in the United States, the attorneys of Flecha Law can help you determine if you qualify for the U Visa.
  • Self-Petitions Under the Violence Against Women Act
    1. If you are married to a United States Citizen or Lawful Permanent Resident and suffer extreme mental cruelty or battery, you may be eligible to apply for lawful permanent residency without the assistance of your spouse. The attorneys of Flecha Law can help you determine if you qualify for relief under the Violence Against Women Act.
  1. Special Immigrant Juvenile Status
    1. Special Immigrant Juvenile Status is a route to qualifying for lawful permanent residency for children who have been abused, abandoned, or neglected by one or both of their biological parents.
    2. In order to apply for Special Immigrant Juvenile Status, one must first have a custody order or dependency order that states it is not in the child’s best interest to return to their country of citizenship and reunification with one or both parents is not viable due to abandonment, abuse or neglect.
    3. If approved for Special Immigrant Juvenile Status, one can apply for lawful permanent residency. The attorneys of Flecha Law can help you determine if you qualify for Special Immigrant Juvenile Status.
  2. Naturalization
    1. Are you ready to become a U.S. Citizen? Naturalization is the process of applying for U.S. Citizenship and receiving all the rights and responsibilities of a U.S. Citizen – be it applying for family members to live in the United States as a Lawful Permanent Resident, participating in elections as a voter, qualifying for certain public benefits, or living permanently in the United States.
    2. Generally, lawful permanent residents must have held their status for five years, be at least 18 years old at the time of filing the application, demonstrate good moral character, have continuously resided in the United States, been physically present in the United States for at least half of the previous five years, demonstrate knowledge and understanding of U.S. history and government, demonstrate a loyalty to the principles of the U.S. constitution, be able to speak, read and write basic English, and be willing to take the Oath of Allegiance.
  • In certain circumstances, one can apply for naturalization sooner than five years after becoming a lawful permanent resident. For instance, spouses of U.S. Citizens who are “living together in a marital union” and have been doing so for three years may apply for naturalization after three years of lawful permanent residency instead of waiting for five years. Serving in the U.S. Armed Forces for at least one year in a period of peacetime may also qualify one to apply for naturalization after just one year of lawful permanent residency.
  1. The attorneys of Flecha Law have experience helping lawful permanent residents file for naturalization under both the general rule and with the exceptions to holding lawful permanent residency for five years. The attorneys of Flecha Law can help you determine if you qualify for naturalization and if any exceptions apply in your case that would permit you to apply for naturalization early.
  1. Removal Defense
    1. If the United States government charges you as removable or deportable from the United States, you have the right to be represented by an attorney. However, the government will not provide you with a free attorney. If you desire representation, you must seek your own attorney.
    2. If you are charged with a Notice to Appear in the Immigration Court, you have to right to defend yourself against removal. The Immigration Judge will decide if you have the right to remain in the United States.
  • Our immigration laws provide defenses to removal or deportation from the United States. The attorneys of Flecha Law have experience defending Respondents in the Cleveland Immigration Court, and can evaluate your case for opportunities to apply for the right to remain in the United States.
  1. Immigration Consequences of Criminal Convictions
    1. If you are in the United States as a Lawful Permanent Resident, a Worker’s Visa, or any other immigration status or as a person without documentation and you are criminally charged, it is very important to speak with an experienced immigration attorney to learn the consequences of a criminal charge or criminal conviction. Depending on your immigration status, or lack of an immigration status, you may face consequences such as deportation, removal, difficulty receiving an immigration bond in the event you are detained, loss of status, inability to travel outside the United States and return, or you may be disqualified from naturalizing.
    2. In Ohio, Courts are responsible for advising anyone who is not a United States citizen that their plea to a criminal charge may have the possibility of deportation, denial of naturalization, or exclusion from admission into the United States. O.R.C. 2943.031. Moreover, the Ohio Supreme Court has held that criminal defense attorneys must advise defendants of potential adverse immigration consequences of the potential criminal convictions, in line with the Supreme Court of the United States’ decision in Padilla v. Kentucky. State v. Romero, Slip Opinion No. 2019-Ohio-1839 (May 15, 2019 appeal from the Court of Appeals for Stark County, Ohio, Case Number 2016 CA 00201, 2017-Ohio-2950). The Ohio Supreme Court said it best when Justice French wrote in State v. Romero, “To be sure, immigration law can be complex, and the deportation consequences of a particular plea will not always be clear.” The Attorneys of Flecha Law are prepared to analyze all potential adverse consequences for your immigration status should you be criminally charged. Schedule a consultation with us today to learn if your criminal charges will jeopardize your immigration status.
  2. Appellate Litigation to the Board of Immigration Appeals and the Sixth Circuit Court of Appeals
    1. If you apply for relief from removal or deportation in the Immigration Court and your case is denied by the Immigration Judge, you have the opportunity to appeal the Immigration Judge’s denial of your claim to the Board of Immigration Appeals.
    2. If the Board of Immigration Appeals denies you claim, you may also appeal the decision to the Federal Courts of Appeal. If you live in Ohio, Michigan, Tennessee or Kentucky, the Sixth Circuit Court of Appeals has jurisdiction over your case. The attorneys of Flecha Law can help you evaluate your case and determine if you desire to appeal your case to the higher courts.
  3. Extensions and Changes of Status
    1. If your immigration status is due to expire soon, or you desire to change from one immigration status to another, you may qualify to apply for an extension or change of status. The attorneys of Flecha Law can help you determine if you are eligible for an extension or change of status.