Immigration is a complex area of law encompassing many types of applications and cases. We focus on representing clients in family based permanent resident and citizenship applications. We also advise immigrants and criminal defense attorneys when a non-US citizen has been charged with a crime in an effort to preserve a client’s current immigration status or their ability to apply for immigration status in the future.
Family Based Immigration
The most common way of obtaining a Green Card in the United States is through family sponsorship. Under U.S. immigration law, all U.S. citizens (including those naturalized) may sponsor immediate relatives to come live and work in the United States as permanent residents. Immediate relatives eligible for a Green Card when sponsored by a U.S. citizen include:
- spouses
- unmarried children
- married children
- parents
- siblings
Permanent residents of the U.S. (individuals who hold green cards) may also sponsor select family members to become permanent residents of the U.S. However, unlike American citizens, green card holders may only sponsor spouses and unmarried children.
There are generally two ways that a foreign national can obtain permanent resident status through a family member.
Adjustment of Status
The foreign national can adjust their status from within the United States if they are currently physically present in the United States and meet other eligibility requirements. This is typically the fastest way for a family member to obtain a green card, and allows the family to stay together in the United States while the application is in process. Immediate family members of United States citizens are also eligible to apply for work authorization that allows them to work and live more normally in the US while they wait to obtain permanent resident status.
Consular Processing
When a U.S. citizen or permanent resident applies for a foreign national family member who is abroad, they go through a multistage process called consular processing. First, the US based family member filed form I-130 with US Citizenship and Immigration Services. The case is then forwarded to the National Visa Center before being approved and set for an interview at a US embassy where the foreign national family member is currently residing. This process is typically longer than adjustment of status, but can be preferable because it allows the foreign national family member to wrap up their affairs in their home country on their own time frame before immigrating to the US.
U.S. Citizenship
Being a citizen of the United States is a requirement for certain types of employment, as well as many of the privileges afforded by government programs such as Medicaid and Medicare, and retirement benefits from Social Security.
If you are not born a United States Citizen, you may still be eligible for citizenship through the naturalization process. Naturalization is an administrative process that requires a non-citizen to comply with a whole host of immigration laws. In order to obtain citizenship through Naturalization, the following requirements must generally be met:
- Residence in the U.S. as a legal permanent resident for 5 years, more than half of which include a physical presence in the U.S.
- The individual seeking citizenship must not have another permanent residency in any other country during such time.
- Meet requirements for “good character”
- Pass a civics test during an Interview with US Citizenship and Immigration Services
The application and interview process for U.S. citizenship can be complicated and time consuming. We can help to screen your situation for any possible complications that could arise, prepare and file your application, and prepare you for your interview. Contact us for a consultation regarding your immigration law matters.