Areas of Practice

Family-Based Immigration and Waivers

At the Law Office of Brian A. Seyfried and Nestor Vicario, we strive to fight for our clients to remain in the United States and handle a spectrum of family-based immigration matters such as: family-based petitions through adjustment of status or consular processing, waivers, U-visas for those that have been victims of crimes, and Violence Against Women Act (VAWA) petitions. In addition, our attorneys have vast experience litigating for clients in immigration court proceedings for asylum, withholding, Convention Against Torture (CAT) cases, cancellation of removal for non-lawful permanent residents, and cancellation of removal for lawful permanent residents. Immigration law changes often and those changes can affect whether you can qualify for relief now or in the future. It is important to consult with one of our attorneys at WLCS to help assist you in understanding the immigration benefits you qualify for to remain here in the United States.

Family-based Immigration

At the Law Office of Brian A. Seyfried and Nestor Vicario, we realize how stressful it is to leave one’s country to try to create a new home in the United States and we also recognize that navigating the U.S. immigration system can add to that stress. At the Law Office of Brian A. Seyfried and Nestor Vicario, we take the guesswork out of the immigration process and closely work with our clients to obtain the best possible outcome. We have extensive experience in:

Family/Fiancé Petitions:
  • Adjustment of Status in accordance with INA 245(a) - Legal Admission into the United States
  • Adjustment of Status in accordance with INA 245(i) - Petitions filed before April 30, 2001
  • Consular Processing
  • Removal of Conditions on Lawful Permanent Residence
    • Joint Filings
    • Filings when marriage was entered into good faith, but is now terminated
  • Fiancé Non-immigrant Visas
  • Relative Petitions (through parents, siblings, children over and under 21)


Under certain circumstances a waiver or pardon request is necessary because of a person’s criminal record and/or immigration history. Under U.S. immigration law, the government may find that a person is ineligible — or “inadmissible” — to come to the U.S. or to obtain a visa or other immigration benefit if he or she commits certain acts. A person can be found “inadmissible” if he or she:

  • Has been convicted of a certain crime or engaged in certain acts
  • Violated his or her immigration status in certain ways (e.g., been unlawfully present in the U.S. for a certain amount of time and left the U.S.)
  • Has been deported or removed from the U.S.
  • Has a prior order of removal/deportation, but never departed the U.S.

Some grounds of inadmissibility can be pardoned by the U.S. government if certain conditions are met. Sometimes, an applicant must apply for a waiver outside the country while at other times, the waiver can be filed from within the United States. To waive a ground of inadmissibility, a person typically — but not always — has to prove extreme hardship to their family member(s). Waiver applications are best prepared with full client cooperation and the dedicated attention of an experienced immigration lawyer. At the Law Office of Brian A. Seyfried and Nestor Vicario, we work closely with our clients to present a detailed legal brief and evidence to do everything possible to succeed in the waiver process. Waiver applications are often difficult to win and require carefully presented evidence and legal arguments. Our office will review your case and provide an honest assessment of a waiver application in the following areas:

  • Provisional Waivers
  • Unlawful Presence
  • Fraud or Misrepresentation
  • Criminal – Crimes of Moral Turpitude (CIMT)
  • Prior Deportations/Removals
  • Assisted Another to Enter the US Illegally (Alien Smuggling)