Marriage & Family-Based Immigration
The immigration of a spouse, fiancee, child, or parent is an extraordinarily important event. An error or wrong choice in the process can lead to years of unnecessary separation. Attorney Scott Mossman will take the case as seriously as you do. Scott is proud to now be able to represent same-sex couples as well.
Scott's services in a family or marriage immigration case consist of far more than filling out the forms–I-129F, I-130, I-131, I-485, I-730, I-765, I-864, DS-260, etc. He will:
- Analyze whether the relationship meets the legal requirements for the family-based immigrant petition. This is particularly important in step-child/parent cases, father-child cases where the father has not married the mother. Legal issues may also arise in marriage cases, particularly concerning the validity of a marriage or divorce. A previous sham marriage or divorce may cause major problems.
- Determine whether a noncitizen present in the U.S. is eligible to adjust status through INA 245(a) or 245(i) or must apply for an immigrant visa in his or her home country. If you have a choice between those options, Scott will advise you on the benefits and drawbacks of each choice.
- Advise you on whether any potential grounds of inadmissibility (ineligibility) apply for past unlawful presence, crime, misrepresentation to obtain a visa or other immigration benefit, etc. If there is a potential ground of inadmissibility, he will determine if a waiver (sometimes referred to as a "pardon") is available and advise you on the chances of getting the waiver approved. If a waiver is possible, he will help you document and argue the waiver.
- Determine whether the petitioner meets the affidavit of support (I-864) requirements or whether a co-sponsor or a contract with a household member (I-864A) is necessary.
- Review your documentation of the relationship and advise you on whether it is adequate. In particular, he will let you know if your the evidence is likely to satisfy an immigration officer and he will suggest other potential evidence if not.
- Identify any potential issues raised by the documentation of the relationship.
- Prepare both the petitioner and beneficiary for the interview on their applications, including a practice interview. For overseas beneficiaries, he can provide this service by Skype or phone.
- Attend the interview with the clients and advocate for them if it is an adjustment or marriage petition interview that occurs in the U.S.
Scott primarily represents adjustment of status applicants in the United States before the USCIS San Francisco and San Jose Field Offices. He also represents many immigrant visa applicants at the U.S. Consulate in Ciudad Juarez, Mexico.
Same-Sex Marriage Immigration
Scott Mossman welcomes the opportunity to represent applicants for immigration benefits based on a same-sex marriage. The U.S. Supreme Court has struck down Section 3 of the Defense of Marriage Act (DOMA) as unconstitutional, so the federal government—including U.S. Citizenship and Immigration Services—must now treat a legally valid same-sex marriage as no different than any other lawful marriage. For LGBTQ immigrants, this marriage equality means:
- If you are legally married to a U.S. citizen or lawful permanent resident, you may be eligible to obtain a green card through your marriage (immigrant visa or I-485/adjustment of status).
- You may qualify as a derivative on your same-sex spouse's visa.
- Your same-sex fiancee/e may qualify for a K-1 fiancee visa (I-129F, K-1 visa).
- Your same-sex spouse may be considered a qualifying relative for purposes of waivers and other relief that requires you to prove hardship to a qualifying spouse (I-601, I-601A, cancellation of removal, etc.).
Although you and your partner may be eager to take advantage of this momentous change in the law, it is essential that you consult an experienced attorney to evaluate your case before you file an application. There may be other generally-applicable grounds of inadmissibility or ineligibility that raise issues. Scott would be glad to meet with you to discuss your eligibility.