Our Expertise

Family Immigration

Achieving Your Family’s American Dream

There is no dream like that of bringing your family to the United States for a better life. At Headings Immigration Law PLLC, we can help you make that dream come true. We believe in working tirelessly to achieve positive results for our clients.

Based in Seattle, we work with people all over the country who have family members living all over the world. The benefit of working with us is our large-firm power combined with our small-firm personal touch. We will give you one-on-one attention and care as we help you bring the people you love to the United States.

How do I bring family members to the U.S.?

There are numerous visas that can be used to bring spouses, fiancé(e)s, children, siblings and other family members here to join you in the United States. The visa that is used depends on your specific situation, such as a K-1 visa for a nonimmigrant fiancé. You can also sponsor a family member for a green card, which allows them to come to the country as a legal permanent resident.

How We Can Help You

• • K-1 Fiancé(e) Visas

  • Consular Processing Assistance

  • Spouse Visas

  • Family-Based Visas

  • Inadmissibility Waivers (601 or 601A and 212 Waivers)

  • Adjustments of Status in Immigration Court

  • Keeping Families Together – Parole in place (PIP)

  • Deferred Action for Childhood Arrivals (DACA)Program Assistance

  • LGBTQ Immigration Rights

In our years of experience, we have handled all these matters and more. Our lawyers understand the many detailed procedures and bureaucracy of the immigration process. We will guide you through it step by step, explaining the law so you can understand your options.

We Care About Your Family’s Story

We became immigration attorneys to unite families and help our clients tell their stories. We enjoy learning about your family’s roots and helping you branch out in the United States. When you work with us, we treat you as more than just clients. The long-term happiness of you and your family is important to us.

Green Card Applications

Start Your Future In The U.S. With A Green Card

Getting a green card is an exciting milestone. It gives you the ability to live and work in the U.S. as a lawful permanent resident. It also allows you to eventually pursue U.S. citizenship through naturalization.

The road to a green card can be a lengthy and complicated process. At Headings Immigration Law PLLC, we can help you get there. Our immigration lawyers are passionate about helping people pursue their dreams in the United States. We can guide you through all stages of the process. From our office in Seattle, Washington, we work with clients around the globe to secure green cards.

To us, helping you get a green card is more than a legal challenge; it is the key to helping you start your future in the U.S.

What Are My Green Card Options?

If you are already in the United States, you may be able to obtain a green card through adjustment of status (if you’re already in the United States), or, you can obtain your residency through consular processing abroad.

You may be able to obtain a green card through these general categories:

• Employment: Your American employer can sponsor you for a green card.

• Family: Family-based immigration law allows the fiancé, spouse, parents, children, or siblings of a U.S. citizen to seek a green card.

• Asylee, refugee, or other humanitarian green cards: You can seek this green card if you meet the detailed qualifications.

• Diversity lottery: The U.S. State Department holds a lottery to select applicants from various countries to ensure diversity.

Whether you pursue a green card through adjustment of status or consular processing, we are with you at every step of your green card process, from determining eligibility and strategy to completing the initial application, to a successful interview. Along the way, you can ask us your questions and we will give you detailed responses in a timely manner.

Why You Need A Lawyer To Get A Green Card In The U.S.

Some people can apply for their green card from inside the U.S. if they become eligible after they have already arrived in the U.S. This allows the immigrant to wait for the application to process inside the U.S. through a process called “Adjustment of Status” or “AOS”. While you wait for your Adjustment of Status to process, you will receive temporary documents that let you work in the U.S. and travel outside of the U.S. We will file this paperwork for you and advise you on what work and travel are safe and permissible.

Obtaining a green card from inside the U.S. is not always easy, and it is crucial that you determine eligibility with an experienced lawyer before you file. The process is filled with complex paperwork, deadlines and potential mistakes. You can also ruin your or your loved one’s chances of ever immigrating by applying for something that you are not eligible for or applying at the wrong time. Many people try to apply themselves, thinking “I can do it” or “my friend did it on their own” and deeply regret not consulting an attorney when their green card is delayed or denied. Every case is different and each officer decides the cases in a different way, as well.

Fortunately, our attorneys at Headings Immigration Law PLLC, can help you with the adjustment of status process. We are highly experienced in AOS processing and can help you with your process even if you have complications.

Green card Mistakes To Avoid

Avoid These Common Mistakes As You Pursue A Green Card

Applying for permanent residency (obtaining a green card) in the United States is a more complex and risky process than many people realize. There is little or no room for error. Even if you are 100% convinced of your eligibility for a green card, you must follow the rules exactly or your application is likely to be denied.

At Headings Immigration, we are in immigration law to help Washington clients achieve their goals. Below, we have summarized some of the most common mistakes that result in the denial of green cards.

Information Gaps

Applicants frequently fail or experience slowness in their green card applications for these reasons:

• Giving false or incomplete information to justify eligibility

• Failing to document eligibility correctly or convincingly

• Leaving blanks in the application documents

• Omitting signatures

It is the applicant’s responsibility to comply with all requirements and requests for information at any stage of the permanent residency application process.

Procedural Mistakes

People often delay their green card applications in these ways:

• Missing dates and deadlines

• Submitting incorrect fees

• Omitting required signatures in all appropriate places

• Failing to respond promptly to requests from USCIS for additional information

Green card applicants typically go through the process just a few times in a lifetime, but immigration officers review applications all day, every day. They are familiar with common errors and look for them during green card application interviews.

Interview Errors

Once the written application is received and approved, there is still an interview to pass. Many applicants fail at this point by:

• Arriving late or failing to appear for the green card interview at the right time and place

• Failing to bring original documents – such as marriage certificates – that the interviewing officer might ask to see

• Failing to bring an interpreter if one is needed

• Failing to treat the green card interview with appropriate formality

An interview with USCIS personnel for permanent residency is a common time and place when many applicants make mistakes when they apply without the help of lawyers.

Family preference Visas

About Family Preference Visas For Your Extended Family Members

As a U.S. citizen or lawful permanent resident (LPR or green card holder), you can petition to bring certain immediate family members to the U.S. as green card holders without regard to quotas. Your spouse, minor children and parents fall into this category. Extended family members, on the other hand, can apply with your sponsorship, but they will need to wait for the availability of visas. The necessary time frame can be many months or years as extended family members fall under specific preference categories with limited numbers of visas available each year. This often results in longer wait times for visa availability.

At Headings Immigration Law, we work hard to find the most efficient pathways to immigration for our clients. A family preference visa may be a good option for you and your extended family member, or another pathway such as an educational or work visa, may be faster.

Varieties Of Family Preference Visas

As a U.S. citizen, you may be able to sponsor your family member for a green card in the U.S. on a visa such as the following:

• F1: Your unmarried son or daughter, age 21 and older

• F2A: Your spouse and/or children if you are a green card holder

• F2B: Your unmarried son or daughter, age 21 and older, if you are a green card holder

• F3: Your married sons and daughters if you are a U.S. citizen

• F4: Your brothers or sisters if you are a U.S. citizen age 21 or older

Spouses and unmarried children of applicants in any of these categories may apply as derivative applicants. A derivative applicant is a family member who can obtain immigration benefits through the principal applicant’s petition. In the context of family preference visas, spouses and unmarried children (under 21) of the principal applicant can apply as derivative applicants. This means that if the principal applicant is granted a visa, their eligible family members can also receive visas based on the same petition, allowing them to immigrate together.

These categories are subject to annual numerical limits, which means there can be significant wait times for visa availability, especially for certain categories such as F3 and F4. It’s important to consult with an immigration attorney or specialist to understand the best pathway for your specific situation. In general, applications higher on this list tend to go through more quickly than those lower on the list. Wait times vary from about a year and a half to up to 10 years.

No matter whether you are the intended applicant, or a U.S. citizen or LPR hoping to sponsor your family member, we are happy to advise you. If a family preference visa makes sense for you and your relatives, we are here to help facilitate your success in applying and monitoring the status of your application over time.

Frequently Asked Questions About Family Preference Visas

Navigating the U.S. immigration system can be complex, especially when it involves bringing extended family members to the United States. This FAQ section addresses common questions about family preference visas, covering eligibility, application procedures and wait times. Explore the questions below to learn more about how we can assist you in reuniting with your family in the U.S.

Who is eligible to sponsor a family preference visa?

U.S. citizens and LPRs can sponsor specific family members for a family preference visa. U.S. citizens may petition for their unmarried adult children (21 or older), married children of any age and siblings. LPRs can sponsor their spouses and unmarried children, regardless of age. Each preference category has its own set of requirements and annual visa limits. It’s essential to understand these criteria to determine eligibility and the appropriate visa category for your family member.

Can green card holders sponsor their siblings for a visa?

No, green card holders (LPRs) cannot sponsor their siblings for a visa. Only U.S. citizens who are at least 21 years old have the ability to petition for their brothers and sisters under the family preference visa categories. Green card holders are limited to sponsoring their spouses and unmarried children. If you are a green card holder wishing to sponsor a sibling, you would need to first obtain U.S. citizenship to be eligible to file such a petition.

Can a U.S. citizen sponsor their married children for a green card?

Yes, U.S. citizens can sponsor their married children for a green card. This falls under the third preference (F3) category of family preference visas. While there is no cap on the number of immediate relatives a U.S. citizen can sponsor, family preference categories, including those for married children, are subject to annual numerical limits. As a result, there may be a significant waiting period before a visa becomes available for the sponsored married child.

What is the difference between immediate family and extended family in terms of immigration?

In immigration terms, “immediate family” refers to close family members such as a U.S. citizen’s spouse, unmarried children under 21 and parents. Immediate family members are eligible for immigrant visas without numerical limitations, resulting in faster processing times. “Extended family,” on the other hand, includes relatives such as married children, adult children and siblings. These family members fall under family preference visa categories, which are subject to annual numerical limits and often involve longer wait times due to these restrictions.

K-1 Fiancé Visas

Bring The Person You Love To The United States

You are engaged and you want to bring your fiancé(e) to the United States for lawful permanent residency. One of your best options is the K-1 fiancé visa. The application process, however, is complex and enigmatic.

We can help you navigate the steps of your visa petition so you can bring the person you love to the U.S. We are Headings Immigration Law PLLC. For years, we have helped hundreds of clients successfully obtain K-1 visas and other family-based visas.

K-1 visas for fiancé(e)s are of special interest to our team. Our lead attorney once helped her Italian fiancé immigrate. She understands how important a fiancé(e) visa can be to you.

For experienced legal service combined with personal care, reach out to our team of immigration attorneys.

Do You Qualify For A K-1 Visa?

Not all couples can seek residency through a K-1 visa. To obtain one, you must meet the following criteria:

• The person living in the U.S. is a U.S. citizen;

• You and your fiancé(e) have met in person, physically, within the last two years;

• Neither of you is married to someone else, even if you are in the process of divorcing;

• You, the U.S. citizen, have the means to support your fiancé(e) financially; and,

• You and your fiancé(e) do not have certain criminal convictions.

If you and your fiancé(e) do not currently meet these criteria, we may still be able to help you. We can explain the steps you should take to qualify; then, we can help you get there.

What Happens After A K-1 Visa?

Once your fiancé(e) has had their Petition for Alien Fiancé approved, attended their interview abroad, and obtained their K-1 visa, they may enter the U.S. to marry their U.S. citizen petitioner and apply for a green card. Once inside the U.S. on their K-1 visa, they must marry their K-1 petitioner within 90 days. Then, they are eligible to file for Adjustment of Status to obtain a green card. Adjustment of status allows the applicant to wait inside the U.S. while the green card is being processed.

We understand how crucial this is for you and your partner. Because we are committed to achieving positive results for our clients, we will do all that we can to help you one day secure a green card.

Spouse Visas

Bringing your NON-U.S. citizen spouse to the U.S.

Bringing your noncitizen spouse to the U.S. or getting their status adjusted after marriage in the U.S. can be a detailed and lengthy process. Even when you feel sure that all requirements are met. It is important to get an immigration lawyer’s help.

As you petition the United States Citizenship and Immigration Services (USCIS) to let your spouse enter the U.S. and receive a green card at the earliest opportunity, there will be steps to take to ensure a successful application process. At Headings Immigration Law PLLC, we help spouse visa applicants complete and submit the correct petitions in a timely manner with all necessary documentation and fees.

Get Personalized Direction When Applying For A Spouse Visa

Is one of the following appropriate for your non-U.S. citizenship spouse who is preparing to join you in the U.S.?

• An immigrant IR1 or CR1 visa for your spouse who is outside the U.S.

• A nonimmigrant K-3 visa for your spouse who is

• A K-1 visa for your fiancée, who is outside of the U.S., is good for 90 days, during which time the marriage should take place in the U.S.

Note: The CR1 conditional resident visa is available to applicants who have been married to a U.S. citizen spouse for less than two years. These visas will be green cards that are conditional. The IR-1 immediate relative visa is for applicants who have been married to U.S. citizens for more than two years. They are normally eligible to receive a green card with no conditions.

Inadmissibility Waivers

If The U.S. Government Says You Are Ineligible To Immigrate Or Enter The U.S.

If the U.S. government has determined that you are inadmissible to visit or immigrate to the U.S. for any reason but your goal to do so is compelling, the inadmissibility rating may not be the end of the story. An inadmissibility waiver or permission to reapply may be available to you. The key is to discover and document your reasons for requesting a waiver or permission to reapply and explain your reasons.

The most common successful justification for obtaining a waiver of inadmissibility is to avoid hardship to a U.S. citizen. So, if your loved one is labeled as inadmissible but you need their help to care for your aging parents, this may be a valid reason to apply for a 601, 601A or 212 waiver of inadmissibility.

Requesting an inadmissibility waiver or permission to reapply is not a simple process. It is not something to attempt on your own. You need an experienced immigration law attorney on your side – especially so they can represent you if a government agency asks you for more information or challenges your petition in any way. At Headings Immigration Law PLLC, we are persistent and determined to help your clients overcome barriers to immigration whenever possible.

Waivers For Permission To Reapply May Be Relevant In Your Case

The reason(s) the U.S. government says you may not enter or reenter the country may be one of these:

• A criminal record in your country or in the U.S.

• Drug-related offenses, abuse, addiction or related history

• Security issues

• Medical reasons, including physical or mental disabilities that may lead to harm to others

• Immigration violations such as overstaying a visa and/or previous immigration fraud

• A record of previous deportation or removal from the U.S.

• A record of having been a public charge in the U.S. (a recipient of welfare benefits, for example)

You may be able to overcome blocks to your immigration or visit to the U.S. through one of these legal methods:

• A waiver through application I-600 for someone currently outside the U.S.

• A waiver through application I-601A for an applicant who is present inside the U.S.

• Permission to reapply after removal through the petition form I-212

Never consider your immigration story hopeless while you have the opportunity to explore options with our help. We are eager to evaluate your case and make appropriate recommendations to help you achieve your goals.

Adjustment Of Status (AOS)

Get Help Pursuing An Adjustment Of Status

Adjustment of Status (AOS) is a faster, easier way of getting a green card while staying in the United States. At Headings Immigration Law PLLC, we can determine whether you qualify for adjustment of status and help you navigate the process. Based in Seattle, Washington, we focus solely on immigration law and have a wealth of experience in this complicated area.

What Is Adjustment Of Status?

Adjustment of Status is the process that you can use to apply for lawful permanent resident status (also known as applying for a green card) when you’re present in the United States. This means that you may get a green card without having to return to your home country to complete visa processing.

The Adjustment of Status process is really meant for people who are already in the U.S. and then have an avenue to obtain a green card after arriving. Many visas (like B or F) don’t allow for dual immigrant intent, meaning you aren’t allowed to pursue a green card based on the issued visa). However, if you are the immediate relative of a U.S. citizen (parent, step/child under age 21, or spouse) or spouse of someone with a green card already, or if you have a qualifying employment visa, you can pursue adjustment of status.

Adjustment of Status is the best process if you are already in the county and entered the United States with a visa or through a checkpoint at the border. It may also be available if you have long overstayed your visa and departure from the U.S. would create a bar to reentry. This occurs if you have stayed in the U.S. starting more than 180 days after your admission, until the date on your I-94 or written in your passport.

Did you know? Our founding attorney has personal experience with Adjustment of Status.

Applying for Adjustment of Status involves preparing and filing extensive paperwork. Once you have provided all the documents and information requested by your attorney, it usually takes the attorney about 1-2 weeks to get your application out to the USCIS (U.S. Citizenship and Immigration Services). Once the USCIS has received your application, it can take anywhere from a few days to a few weeks for USCIS to accept payment and start routing your case for processing.

It will be at least 3-6 months from filing before you will receive your employment authorization document (EAD) and Social Security card allowing you to get a driver’s license if you don’t already have one, and work, among other things. You can also get advanced parole (AP), which will let you travel internationally.

If you travel outside the U.S. without AP (unless you have L or H-1B status), then you will not be able to reenter the U.S. and your green card application will be denied.

The next step in the process will be your interview. You will likely get a notice about your interview around 16-22 months after filing. The interview will be booked about 4-6 weeks after the date of your notice. You will need to get a medical exam from a USCIS-approved doctor as well.

How Long Does The Process Take?

From filing the case, it will usually take 18-24 months to get a green card through adjustment of status in the Seattle area. For cases processing outside of Seattle, check with your attorney about processing times. Most field offices are processing faster than Seattle.

Can I Change My Visitor Visa To A Green Card?

While seemingly straightforward, the answer is “it depends.” You might be eligible to apply for a green card while on a visitor visa, but only if you meet specific requirements. The possibility depends on various factors, including:

• Marrying a U.S. citizen (requiring Form I-130, Petition for Alien Relative)

• Receiving an employment offer with sponsorship (requiring Form I-140, Immigrant Petition for Alien Worker)

• Having exceptional abilities in specific fields

Remember that simply holding a visitor visa does not automatically qualify you for a green card. Since entering solely for a green card is not allowed, it will all depend on whether you meet the set legal requirement.

Can I Adjust The Status From ESTA/VWP?

If you entered the United States under the Visa Waiver Program, you cannot change your status while in the country. In addition, it is important to note that authorization through the Electronic System for Travel Authorization to travel to the United States under the VWP is not a determination of admissibility.

What Is The 90-Day Rule?

The “90-day rule” is an informal guideline used by U.S. Citizenship and Immigration Services to assess the intentions of certain nonimmigrant visa holders. It raises a presumption of misrepresentation if individuals holding specific visa types like B, F, J, M, Q or TN engage in activities inconsistent with their temporary status within 90 days of entering the U.S.

These activities primarily involve:

• Marrying a U.S. citizen or green card holder

• Adjustment of status (visa application)

• Engaging in unauthorized activities.

The 90-day rule is not a law but a flag for USCIS officers to scrutinize applications more closely. While exceeding this time frame doesn’t automatically disqualify you from obtaining a green card, it can significantly complicate the process and require additional evidence of genuine intentions.

Consular Processing

Pursuing A Green Card Through Consular Processing

Many people around the world dream of getting a green card. It is a document that grants lawful permanent residency to foreign nationals in the United States.

You do not necessarily have to be located in the United States to start the green card or other visa processes. Having a green card (officially named a Permanent Resident Card or I-551) authorizes you to live and work permanently in the United States. You may have the option of using consular processing to apply for a green card or another visa from the American consulate in your home country.

If this sounds complicated, that’s because it is. But at Headings Immigration Law PLLC, our immigration attorneys make the system work for you. We will explain the steps, help you complete every necessary document, and prepare you as best as we can to secure lawful permanent residency via consular processing.

What Is Consular Processing?

Consular processing is the process of getting a green card while still outside the U.S. The prospective immigrant will complete the necessary steps through a U.S. embassy or consulate in their home country or country of residence. This is different from the adjustment of status process, which allows those already in the U.S. to apply for a green card without leaving the country.

This process is preferred by the government and is good for those who need to work or travel up until they have the green card, don’t have a dual-intent visa (that is, a visa which allows them to file for a green card while in the U.S.), or have a bar to entry that must first be waived. Several exceptions apply. Note that if you’re getting a green card through a spouse, you must already be legally married to go through this process.

How Does Consular Processing Work?

To start your process from outside the U.S., you must receive a family-based visa at your consulate of residency. The petitioner (person bringing the foreign national here) and the beneficiary (the person coming to the U.S.) will have to follow these general steps:

• File and obtain approval of an immigrant petition with U.S. Citizenship and Immigration Services.

• Submit the required supporting documents to the National Visa Center.

• Once set for an interview abroad, obtain a medical exam in your country of origin.

• Attend your immigrant visa interview at your consulate of residency.

This is just a brief overview of consular processing. Your real-life experience will be much more complex and time-consuming.

A Detailed Look At The Process

The petitioner will start the process by filing the paperwork for your relative in the U.S. That can take 6-13 months (usually about 8) to be approved, preliminarily. Then the paperwork is forwarded to the National Visa Center (NVC). NVC will require additional documents, (identity and financial documents from your petitioner, etc.) and will conduct background checks. These documents will in most cases be submitted electronically. Once that process is completed, you will be scheduled for an interview at your local consulate. The NVC process takes 2-5 months more. Then, usually, within 6 months, the beneficiary is scheduled for an interview. But, at some consulates, it takes much longer.

In the vast majority of cases, your petitioner will not need to (or even be allowed to) attend the interview abroad. The intending immigrant is required to attend an interview at the consulate. The officer will ask about their background and history, as well as the qualifying relationship. If they believe that your relationship is authentic, and that you have no inadmissibility issues, your visa will be approved. Once you enter the U.S. with your visa, you then become a legal permanent resident at that moment. The green card will be mailed to you within one to six months of entry and so will a social security card.

Can You Visit The U.S. During Consular Processing?

Contrary to a lot of bad information online, you usually can visit the U.S. while the consular processing is underway, provided you already have a visit visa. However, like in all cases where the entrant is not a U.S. citizen, there is some risk that you will not be allowed to enter and customs could return you home. You should always seek legal advice before attempting a visit.

Advocates Who Will Guide You

Our team believes in providing detailed help for you at every step of your petition. We are here to de-mystify the process, be honest with you about potential pitfalls and help provide realistic expectations so that you experience a less stressful process. Immigration law is what we know best. Having worked with hundreds of clients around the world, we understand the many subtle differences in requirements from country to country and how they may affect your immigration journey.

Deferred Action For Childhood Arrivals (DACA)

Deferred Action For Childhood Arrivals

The Deferred Action for Childhood Arrivals (DACA) program is designed to protect young people who were undocumented when they came to the United States as minors. In many cases, these are children who came with their parents. They have never known any home other than the United States, and the DACA program helps protect them from being deported and sent back to their “home” country.

Here at Headings Immigration Law PLLC, we are a compassionate and experienced group of Seattle attorneys focused on building long-lasting relationships. We love learning our clients’ stories and finding creative solutions to help them move forward. We understand that DACA is complex and that there are many legal challenges surrounding the program. We are here to help when you need us most. Contact us today for a consultation with an immigration lawyer.

Areas We Can Help With The DACA Process

Logistically, we can assist with various steps in this process, including:

• Determining when to renew DACA authorization

• Gathering necessary documents for the renewal process

• Determining who is eligible for a renewal

• Protecting work authorization in the United States

It’s important to note that the renewal process isn’t automatic, even for those who already have DACA status. It’s imperative to understand the steps you’ll need to take moving forward to maintain your eligibility. This allows you to stay in the country, work, attend school and much more. We’ll assist you every step of the way.

Is The DACA Program In Jeopardy?

There have been many legal challenges to the DACA program. Some U.S. district courts have ruled against it – most recently, the 5th U.S. Circuit Court of Appeals. At this time, however, the program still exists since the ruling was stayed. So, it still offers protections as the legal fight continues to maintain DACA for the foreseeable future. We can provide answers and updates as this process unfolds.

Removal Of Conditions For Married And Divorced Applicants

Removing Green Card Conditions For Marriage-Based Permanent Residency

Many people obtain their green card (lawful permanent residence) through marriage. This type of green card is sometimes conditional, meaning it is only valid for two years. The purpose behind the conditional green card is to prevent people from entering sham marriages just to get immigration benefits.

You must follow certain steps to remove the conditions from your green card and get your ten-year, or “permanent”, green card. At Headings Immigration Law PLLC, we can help you with that process. We are a top-rated immigration law firm dedicated to helping immigrants accomplish their dreams of living and working here in the U.S. Based in Seattle, Washington, we help people from around the world navigate the family-based immigration process, including marriage-based green cards.

What’s Involved In The Process?

To get a permanent green card, you must file the appropriate documentation to remove the conditions on your conditional green card. This involves preparing form I-751 and supporting documentation, and jointly filing it with your spouse (except in cases of divorce or domestic abuse). You might also have to go through another immigration interview with the USCIS (United States Citizenship and Immigration Services). In some cases, there are strategies for avoiding the hassle of another interview. Our immigration lawyers can advise you on those.

Do I Have To Remove Conditions?

If you were married for less than two years when your green card was approved, you will be issued a green card that is valid for only two years. You will have to apply to remove conditions before it expires. Once approved, you will receive a “permanent” green card valid for ten years.

When Do You Have To File Form I-751?

The timing is important for removing conditions from your green card. You must file the petition in the 90-day window before the expiration date on your conditional green card (two years after it was issued). Because the preparation process can be time-intensive, it is wise to get started sooner rather than later. If you fail to meet this deadline, your application may be denied and you could get placed in deportation proceedings. For this reason, it is critical to work with an attorney on filing a timely application.

What If You Missed The Deadline?

If you missed the deadline because of circumstances beyond your control, you may still be able to get approval, but you’ll have to provide a compelling written explanation. You will have to explain what happened, why it was out of your control, and why the delay wasn’t too long under the circumstances. Our lawyers can help you with this.

What If You’re Divorced?

You can still pursue a permanent green card even if you are divorced – and, as mentioned above, it is important to do so before your conditional green card expires. By filing without your ex-spouse, you’ll face an additional burden. You’ll have to provide strong evidence that your marriage was legitimate. Our attorneys understand how to present a strong case in these circumstances.

I Am Getting A Divorce, When Should I File?

If your divorce is final, you can file your I-751 as soon as your divorce is finalized. You can do this early, even if you are not in the 90-day window before your conditional green card expires. Or, you can wait until the 90-day window to file. You do not have to file early.

What If My Spouse Won’t Cooperate?

If your spouse won’t sign the I-751, you must wait until your divorce is final or file with a signature waiver request. We can help.

What If Your Spouse Is Abusive?

You can still apply for a permanent green card individually, without your spouse, if the relationship is abusive. However, you will have to provide evidence of the abuse or mistreatment. It is important to work with a lawyer to ensure that you’re presenting a strong case.

Does My I-751 Have To Be Approved To Apply For Naturalization?

No! You do not have to wait for your I-751 to be approved before you can apply for Naturalization. If you are otherwise eligible, you can file your N-400 even if the I-751 is not yet approved. Check with us to see if you are eligible.

Keeping Families Together (Parole in Place).

Keeping Families Together: Parole In Place

Parole in place (PIP) helps undocumented individuals with strong ties to the U.S., such as spouses or stepchildren of U.S. citizens, stay legally in the country while their immigration status is reviewed. This program aims to prevent family separation and offer stability.

At Headings Immigration Law PLLC, our lawyers provide dedicated support through the parole in place process. Based in Seattle, we offer personalized assistance and flexible options, including virtual appointments, to assist you wherever you are.

What Is Parole In Place?

Parole in place allows certain individuals to remain in the U.S. without fear of deportation while their immigration status is addressed. This process is particularly helpful for noncitizens who have been living in the U.S. without formal admission or parole and are related to U.S. citizens.

How To Apply For Parole In Place

To apply for parole in place, you need to complete Form I-131F, which is specifically designed for this purpose. The form allows you to request temporary legal status and potentially adjust your status without leaving the country. Key requirements include proof of continuous presence in the U.S. and a qualifying relationship with a U.S. citizen.

Do You Qualify For Parole In Place If You Are Not Married?

Even if you are not married, you may still qualify for parole in place if you are in a committed domestic partnership with a U.S. citizen. USCIS recognizes that significant relationships are not always formalized through marriage. As long as you can demonstrate a long term, committed relationship and meet other eligibility criteria, you may be considered for this status.

Military Parole In Place

Military Parole In Place

Many people ask, “Can I adjust my immigration status if I am married to a military service member?” The immigration process can be long and complex, so it’s natural to wonder if service in the military – even by a spouse – can have an impact on this process. A status change may also be necessary if the couple wants to stay together but the immigrant’s status – or lack of documentation – may make that difficult.

At Headings Immigration Law PLLC, we know how this puts you in a difficult position, and we have experienced attorneys who can offer guidance and help you explore potential solutions. We focus on education and our clients, so you know we will put you first and answer any questions you have. From our Seattle office, we can work with you anywhere you are, and even offer virtual appointments.

Do You Need An Unlawful Presence Waiver?

When a foreign national enters the country without permission, they may need a provisional unlawful presence waiver since they cannot adjust their status. Unfortunately, getting this waiver can be a long and stressful process.

For those who are married to military service members, though, there is a way around this complexity. If you are the spouse of an active duty service member, you can apply for military parole in place. Doing so can potentially save you around $4,000 in filing fees. Additionally, it means you won’t need an unlawful presence waiver, streamlining the process and making this go more quickly.

The right immigration solution can help you avoid removal proceedings and jump-start the process of adjusting your status to remain in the United States long-term.

LGBTQ Rights And U.S. Immigration Law

LGBTQ Rights And U.S. Immigration Law

For LGBTQ individuals and couples navigating the U.S. immigration system, understanding your rights and options in Washington is essential. Same-sex marriages are now treated the same as opposite-sex marriages for all immigration purposes, opening pathways that were previously unavailable.

At Headings Immigration Law PLLC, our attorneys understand the unique challenges that LGBTQ immigrants and binational couples face. From our Seattle office, our lawyers work with clients across the country and the globe, offering in-person and virtual consultations to accommodate your needs.

The Importance Of Federally Recognized Marriage

A federally recognized marriage is the cornerstone of many immigration benefits for same-sex couples. When a U.S. citizen or lawful permanent resident marries a foreign national of the same sex, they can sponsor their spouse for:

• Family-based immigrant visas (green cards)

• K-1 fiancé(e) visas for partners still abroad

• Derivative status on employment-based visas

• Waivers of inadmissibility in certain circumstances

The marriage must be legally valid in the jurisdiction where it was performed, even if the couple currently lives in a location that might not recognize same-sex marriage. This federal recognition provides crucial protection for binational LGBTQ families who wish to build their lives together in the United States.

Immigration Options Beyond Marriage

While marriage provides the most straightforward path to family-based immigration benefits, we also help LGBTQ clients explore other options, including:

• Employment-based visas that don’t depend on marital status

• Asylum claims based on persecution due to sexual orientation or gender identity

• Diversity visa lottery applications

• Special immigrant juvenile status for LGBTQ youth

Each situation is unique, and our attorneys take the time to understand your specific circumstances before recommending the most appropriate immigration strategy.

Naturalization

Pursuing Your Dreams Through Naturalization

Naturalization is the process for becoming a U.S. citizen. It’s an exciting milestone. Navigating the process is not always easy, however.

At Headings Immigration Law PLLC, we’re passionate about helping people achieve citizenship through naturalization. Our immigration attorneys understand all facets of U.S. immigration law. You can turn to us for help with any and all aspects of the process. Based in Seattle, Washington, we work with immigrants from around the globe.

Who Qualifies For Naturalization?

To qualify for U.S. citizenship through naturalization, you must meet one of the following criteria:

• You’ve been a green card holder (lawful permanent resident) for at least five years, or three years if your green card is through marriage

• You’re a lawful permanent resident and have completed at least one year of U.S. military service

• You’re a child of U.S. citizen parents

Additionally, you must meet other eligibility requirements, including demonstrating good moral character. If you have a criminal history or spent too much time out of the United States after getting a green card, you might not qualify. It’s important to consult with a skilled immigration attorney if you have any doubts about whether you’re eligible for naturalization.

The Naturalization Process

To become a naturalized U.S. citizen, you must:

• File a thorough and detailed application (form N-400) with the USCIS (U.S. Citizenship and Immigration Services)

• Complete an interview with a USCIS officer

• Pass an English test demonstrating basic reading, writing, and speaking skills (or qualify for an exception)

• Pass a civics test demonstrating basic knowledge of U.S. government and history (or qualify for an exception)

• Take an oath of allegiance in a judicial or administrative ceremony

Thorough preparation is essential for navigating each of these steps. Our lawyers can help you through all stages of the process.

I got my green card through my employer and am married to a U.S. citizen. Can I still apply for citizenship in three years?

Yes. You can apply if you are married and living with a U.S. Citizen while having a green card for the three years before your naturalization application. You do not have to have received your green card through that spouse. This rule applies even if you got your green card through employment, another family member, or any other immigration process.

Do I have to live with my spouse to naturalize?

To be eligible to apply for citizenship, you must have your green card and be married and living with your U.S. citizen spouse for three years at the time you file your N-400 (application for naturalization).

When I filed my naturalization application, I was still living with my spouse but now we are separated. Can I still get citizenship?

Yes. You must only be living with your U.S. citizen spouse for the three years before you file, and on the date, you file. You must still be married until you have your oath ceremony (are granted citizenship). However, USCIS may look more closely at your case because you no longer live together.

Can I apply for naturalization early?

Yes. You can apply for naturalization up to 90 days before your 3 or 5-year “statutory period” has been completed if every other category of eligibility has also been met at the time of application.

Can I move out of state after I file my N-400?

Yes. You can move after you file. You must change your address. If you do not, they will schedule you for an interview at the wrong location; your case will be delayed if you go to the old location or denied for abandonment if you do not go.

Can I travel abroad after filing the N-400?

Yes. You’ll need to continue to maintain continuous residence and physical presence. You will update the travel record at your interview.

Humanitarian Visas

Legal Help For Humanitarian Visas In Washington

If you hope to immigrate to the United States, there are many different paths that you may be able to take – including through a humanitarian option.

At Headings Immigration Law PLLC, we offer the personal attention and care for immigration needs you would expect from a small firm, combined with the powerful representation of a big firm. From our Seattle office, we have been working with clients throughout Washington and across the nation to help them achieve their immigration goals since 2010.

What Are Humanitarian Options For Immigration To The United States?

Exactly what options are available to you will depend upon your unique circumstances. In general, however, the options include:

• Asylum: This may be granted to people who fear persecution in their homelands due to their political activity, religion, race, national origin or similar characteristics.

• Refugee status: This can be granted to people who have yet to enter the United States but are fleeing national disasters and persecution similar to what is listed above.

• Temporary Protected Status: This can be granted to people from certain designated countries who are struggling under armed conflicts or environmental disasters.

• U visa: This is for victims of certain crimes who have suffered abuse and are willing to assist government officials in the investigation or prosecution of the criminals.

• T visa: This is for victims of human trafficking who were brought to the United States and are willing to assist law enforcement in the investigation into their traffickers.

• VAWA visa: The Violence Against Women Act visa is for the battered spouses, children and parents of either United States citizens or permanent lawful residents.

Once you meet with a lawyer at Headings Immigration , we will learn more about your situation and help you understand the next steps to secure your future in this country.

Intellectual Property Lawyers

We provide complete intellectual property legal services to local, regional, national, and international clients.

We deliver strategic advantages for a wide range of clients across a multitude of technologies and industries.

From Copyrights, Design patents, Due Diligence, Internet Law & Domain Names, Licensing and Agreements , Litigation and Dispute Resolution, Opinions , Patent Preparation & Prosecution , Post-Grant Patent Proceedings , Strategic IP Counseling , Trade Secret / Unfair Competitions , Trademarks and a host of other services are provided at Headings Immigration Law PLLC.