A lawful permanent resident is a foreign national who has been granted the privilege of permanently living and working in the United States. As a lawful permanent resident (otherwise known as a “green card” holder), an alien can be employed in the United States at any legal work of his or her qualification subject to certain exceptions. In some areas, the alien has the right to vote. A permanent resident shall be protected by the laws of the United States and can travel freely outside the United States provided he or she maintains residency. More importantly, a permanent resident can petition for some relatives to join him or her in the United States.
There are many paths to a green card, the most common of which are immigration through relatives and through employment. In family-based petitions, an American citizen or lawful permanent resident petitions for a qualified alien relative to join him or her in the United States. Employment-based immigration is possible when an alien is sponsored by an employer or is qualified to petition for himself by reason of his own credentials. In many instances, the petitioner has to go through a process of labor certification.
Other methods of obtaining immigrant status are through investment, asylum, diversity lottery and international adoption. Also, there are immigrant visas available by statute to certain nationals of specific countries and to former diplomatic officials and employees continuing to reside in the United States.
If you think you are qualified to apply for an immigrant visa and would like to have your case professionally analyzed and processed, we are ready to provide you with the expertise to meet your immigration needs and goals.
A non-immigrant is a foreign national seeking to enter the United States temporarily for a specific purpose. The non-immigrants who enter the U.S. for a temporary period of time are restricted to the activity or reason for which their visas were issued. More than one type of non-immigrant visa may be issued to a visitor but the visitor can be admitted in only one non-immigrant status. The requirements for foreign nationals seeking temporary admission include the following:
The types of temporary visas available include:
Asylum allows foreign nationals in need of protection to remain in or be granted entry to United States and eventually adjust his or her status to lawful permanent resident. This protection is extended to individuals meeting the definition of a refugee who have been persecuted or fear they will be persecuted on account of their race, religion, nationality, membership in a particular social group, or political opinion.
The process for obtaining asylum could be affirmative or defensive. In the affirmative process, individuals who are physically present in the US could apply for asylum with the USCIS within one year from the date of last arrival in the US, unless they can show changed circumstances that materially affect their eligibility or extraordinary circumstances relating to the delay in filing. In the defensive process, asylum is used as a defense in proceedings before the immigration judge. The case would come before the immigration judge if referred after denial by an asylum officer or when deportation or removal proceedings are initiated.
Review of unfavorable immigration determination are generally available administratively or judicially. As a general rule, administrative remedies must be exhausted before resort to the judicial review can be had. Administrative remedies include appeals and motions to reconsider or reopen before the reviewing agencies. The reviewing agency may be the Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA).
Upon exhaustion of all administrative remedies, some cases can be brought before the U.S. District Court or the U.S. Court of Appeals for judicial review. The court which will hear the appeal vary depending on the nature of the action appealed.
Our firm provides experienced and competent representation in review and appellate matters before agencies and courts throughout the United States. Please contact our office if you wish to have your case evaluated for availability of remedies.
Foreign nationals may be forced to leave the United States or refused entry on several grounds. The deportation or exclusion of aliens is done through removal proceedings and based on grounds that include the following:
The main issues in removal proceedings are whether grounds exist to remove the alien from the United States and whether any relief from removal is available. Forms of relief include political asylum, withholding of removal, voluntary departure, torture convention protection, cancellation of removal, and adjustment of status.
In some cases, the alien is held in the custody of the immigration officers before and during the removal proceedings. Subject to certain cases where mandatory detention is required, a detained alien could post bond to secure his or her liberty while the proceedings are pending and conditioned upon appearance as required.
Our firm offers efficient and cost-effective representation on certain removal proceedings.
U.S. citizenship is bestowed in either of two ways: by birth or by naturalization. The U.S. Constitution guarantees citizenship at birth to almost all individuals born in the United States or in U.S. jurisdictions. Certain individuals born outside of the U.S. are born citizens because of their parents, according to the principle of jus sanguinis. Also, children adopted from outside the U.S. have the ability to automatically become US citizens when they immigrate to the United States according to The Child Citizenship Act of 2000 (CCA).
If there are issues in your family history that would suggest possible citizenship based on the above principles, you may contact our office to help resolve the questions.
Naturalization is the process by which U.S. citizenship is conferred upon a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA). The general requirements for administrative naturalization include:
The main issues in removal proceedings are whether grounds exist to remove the alien from the United States and whether any relief from removal is available. Forms of relief include political asylum, withholding of removal, voluntary departure, torture convention protection, cancellation of removal, and adjustment of status.
In some cases, the alien is held in the custody of the immigration officers before and during the removal proceedings. Subject to certain cases where mandatory detention is required, a detained alien could post bond to secure his or her liberty while the proceedings are pending and conditioned upon appearance as required.
Our firm offers efficient and cost-effective representation on certain removal proceedings.
Special Immigrant Juvenile Status (SIJS) is a pathway to lawful permanent residency for young foreign nationals who otherwise have no other place to live. It is intended for young persons under the age of 21 who was abused, neglected and/or abandoned by one or both parents.
The law delegates State juvenile courts to make special findings of fact, including that the child was abused, neglected and/or abandoned and that it is not in the interest of the child to be returned to his/her foreign country of residence or citizenship. With the State court's special findings, a self-petition for lawful permanent residence shall be filed with the USCIS. SIJS petition can be made regardless of whether the child is in removal proceeding or not.
Our firm is able to assist young persons in making SIJS petitions.