U Visas and other forms of relief

We provide compassionate and zealous representation.

Our immigration laws touch on some of the most sensitive aspects of people’s lives, and we are here to help you navigate the process. When you contact Ibarra-Martinez Law PLLC, you can trust that you will receive the highest quality of legal service for your immigration case.

In addition to handling all family-based immigration and deportation defense, we assist clients with the following types of cases:

The “U Visa”

Unfortunately, crime happens all too often. Being a victim of crime can be one of the most challenging and traumatizing experiences anyone can encounter. The U nonimmigrant status (U Visa) was created to help victims of certain qualifying crimes who have suffered substantial mental or physical abuse as a result of the crime and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.

If you have been a victim of one (or more) of certain qualifying crimes (including felonious assault, sexual assault, domestic violence, kidnapping, and rape, among others), do not delay! Contact us to discuss the possibility of obtaining immigration benefits through a U Visa. If USCIS grants you a U Visa, you could be permitted to stay in the United States for up to four years, as long as you cooperate with law enforcement. You could even apply for lawful permanent residence after being in U nonimmigrant status for 3 years. Consult with an attorney before applying to make sure that you meet the eligibility requirements.

Parole in Place (PIP)

It is a discretionary decision made by USCIS to allow specific individuals who may have entered the United States without inspection to remain here temporarily. To be eligible, the individual must be a spouse, widow(er), parent, son or daughter of an active duty member of the US armed forces; an individual in the Selected Reserve of the Ready Reserve; or a former member of the US armed forces (who was not dishonorably discharged).

PIP insulates the individual from removal/deportation (provided the person follows the law and does not commit conduct that would render him/her deportable). If you obtain PIP, you will also become eligible to apply for work authorization, which can lead to the issuance of a social security number and also a driver’s license. Finally, obtaining PIP may allow you to apply for a green card through adjustment of status.

If you are the spouse, widow(er), parent, son, or daughter of an active or former member of the US armed forces (including the Selected Reserve of the Ready Reserve), contact us to discuss if PIP is an option for you!

Humanitarian Parole

It enables an otherwise inadmissible individual to enter the United States temporarily due to urgent humanitarian reasons. This is not intended to be used to avoid regular visa-issuing procedures or to bypass immigration procedures. Parole does not confer any permanent immigration status but does enable a recipient to apply for and receive employment authorization. These requests are given sparingly. Attorney Emma has successfully obtained humanitarian parole for the following cases:

DACA beneficiary who left the United States to do consular processing and found out he was inadmissible and was instructed to a file a waiver of inadmissibility, which would have taken approximately 2 years. The client’s only relative in the home country was an elder grandmother who could not care for him.
Immigrant visa applicant who needed a waiver for fraud, which would have taken several years to obtain. Spouse was scheduled to have major surgery. Humanitarian parole allowed the client to come to the United States to accompany the spouse during the surgery.

If your loved one has been found inadmissible or not eligible for a visa and they have an urgent reason to visit the United States, contact us to discuss their possible humanitarian parole.

Temporary Protected Status

Temporary Protected Status (TPS) is granted by the Secretary of U.S. Department of Homeland Security (Secretary) to eligible foreign-born individuals who are unable to return home safely due to conditions or circumstances preventing their country from adequately handling the return.

As you may have heard, the current Administration has announced plans to end TPS status for several countries. If you have TPS status, you need to start thinking about your future. You may have options. Contact us to discuss your possible options to legalize your immigration status if TPS ends.

Deferred Action for Childhood Arrivals (DACA)

DACA is a kind of administrative relief from deportation. DACA gives young undocumented immigrants protection from deportation and a work permit. The program expires after two years, subject to renewal. The DACA program has been under scrutiny by the Trump Administration, and its future remains uncertain. USCIS is not accepting any applications from individuals who have never had DACA in the past. If you previously received DACA and your status expired on or after Sept. 5, 2016, you may still file for renewal.

If you are a DACA beneficiary, contact us to talk to explore other possible avenues to legalize your immigration status.

Relief for Surviving Relatives

In the past, USCIS could not approve a petition if the petitioner died while the petition remained pending. In 2009, Congress addressed this problem and created INA 204(l). This provision gave foreign nationals the ability to seek an immigration benefit through a deceased qualifying relative in certain circumstances.

If you are a beneficiary of a petition filed by your U.S. citizen or lawful permanent resident family member and they passed away, all hope may not be lost. It is imperative to obtain experienced immigration advice on such an important matter. Contact us to discuss whether you may benefit from the surviving relative protections under INA 204(l).