Immigration
Immigration & Naturalization
It is no secret that the United States immigration system is complex. For an individual following the immigration pathway, American citizenship is the final step in a long and demanding journey. Obtaining your citizenship is a significant milestone, but the process required to get there can be confusing and stressful. An error could lead to a denial, and in the worst-case scenario, it could jeopardize your future in the United States and all that you worked to obtain through your immigration history.
Naturalization
The legal process by which a non U.S. citizen acquires citizenship of the U.S. Generally, for naturalization, an applicant must:
Demonstrate continuous lawful permanent resident for at least five years (or three years in certain circumstances) preceding the date of filing of the naturalization application.
Be physically present in the U.S. at least half of the requisite time
Be 18 years or older.
Be a person of good moral character.
Speak, read, and write English.
Pass a civics test.
Swear loyalty to the US.
Under certain circumstances, minor children of U.S. naturalization applicants may also be eligible to be included in a naturalization application.
Number or U.S. Citizenships by Natkin Legal
%
Percentage of successful citizenship
Adjustment of Status
This process that allows an eligible applicant to become a lawful permanent resident of the U.S. without having to go abroad to apply for an immigrant visa. In general, to file an adjustment of status application, the applicant must:
Be physically present inside the U.S.
Have been admitted or paroled into the U.S.
Have an approved and current I-130 or have have an immediate relative file the adjustment of status application together with the I-130 petition.
Maintain eligibility throughout the AOS process.
Family Petitions
US citizens can petition an alien relative spouse, minor children, unmarried adult children (age 21 and over), married children and their spouses, parent, or sibling to come to the US and obtain a green card.
Lawful permanent residents can petition an alien relative spouse, minor children, and unmarried children.
The number of visas available each fiscal year is based on the immigrant visa category. The Immigration and Nationality Act (INA) provides two groups of family based immigrant visa categories: immediate relatives and family preference.
Immediate relatives are:
Spouses of U.S. citizens
Unmarried children under 21 years of age of a U.S. citizen
Parent of a US citizen who is at least 21 years old
Orphan adopted abroad by a US citizen
Orphan to be adopted in the US by a US citizen.
The number of visas available for the above mentioned categories are unlimited. Family preference immigrant visas are:
1st Preference. Unmarried adult sons and daughters of US citizens, and their minor children.
2nd Preference. Spouses, minor children, and unmarried adult sons and daughters of lawful permanent residents.
3rd Preference. Married sons and daughters of U.S. citizens, and their spouses and minor children.
4th Preference. Brothers and sisters of US citizens (21 and over), and their spouses and minor children.
There are fiscal year numerical limitations on family preference immigrant visas.
Consular Process
Consular processing is the procedure of applying for lawful permanent residence (a green card) through a U.S. Embassy or consulate in a foreign country. This involves submitting forms and documents to the consulate, and attending an interview there. Consular processing is one of two paths for obtaining lawful permanent residence through family-based immigration. The other path being adjustment of status.
Spouse and Fiancé Visas
If you are a U.S. citizen, you may bring your fiancé to the US to marry and live here, with a nonimmigrant visa for a fiancé K-1.
K-3 visas are intended to shorten the physical separation between the foreign citizen and US citizen spouses by having the option to obtain the visa overseas and enter the United States to await approval of the immigrant visa petition.
Waivers of Inadmissibility Including Provisional Waivers
A person who is ineligible to be admitted to the United States as an immigrant or to adjust status in the United States, and certain non-immigrant applicants who are inadmissible, may be able to file a waiver for their grounds of inadmissibility. The applications are submitted to the consular office, USCIS, or immigration court.
DACA – Initial and Renewal Applications
Deferred Action for Childhood Arrivals (DACA) allows some individuals who were brought to the U.S. illegally as children to receive a two-year period of deferred action from deportation and work authorization.
USCIS has resumed accepting requests for Deferred Action for Childhood Arrivals (DACA).
You may request a renewal if you met the initial 2012 DACA guidelines and you:
Did not depart the United States on or after Aug. 15, 2012, without advance parole
Have continuously resided in the United States since you submitted your most recent DACA request that was approved
Have not been convicted of a felony, a significant misdemeanor, three or more misdemeanors, and do not otherwise pose a threat to national security or public safety
TPS Renewals
Temporary protected status (also called “TPS”) is a temporary status given to eligible nationals of designated countries who are present in the United States. The status, accorded to nationals from some countries affected by armed conflict or natural disaster, allows persons to live and work in the United States for limited times.
V VISA Renewals
The V visa is a temporary visa available to spouses and minor children (unmarried, under 21) of U.S. lawful permanent residents. It allows permanent residents to achieve family unity with their spouses and children while the immigration process takes its course.
Removal of Conditions
A person that obtains permanent residence status based on a marriage that was less than two years old on the date the person was granted resident status receives conditional resident status.
A conditional permanent resident receives a green card valid for 2 years. In order to remain a permanent resident, a conditional permanent resident must file a petition to remove the conditions within 90 days prior to the expiration date. The conditions must be removed or you will be placed in removal (deportation) proceedings and lose your permanent resident status.
U Visa
The U visa is a United States nonimmigrant visa which is set aside for victims of certain crimes (and their immediate family members) who have suffered substantial mental or physical abuse and assisted or were willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity.
After three years of continuous physical presence in the United States while in U nonimmigrant status, a U visa holder may be eligible to adjust status and become a Lawful Permanent Resident (LPR) if certain requirements are met.
VAWA
The Violence Against Women Act (VAWA) allows certain battered immigrants to petition for legal status in the United States without relying or informing the abusive US Citizen or legal permanent resident spouse. This allows victims to seek both safety and independence from their abuser.
In most cases, when a VAWA petition is approved, the immigrant is granted deferred action and work authorization. If the self-petition is approved and you meet other eligibility requirements, you may be eligible to apply to become a lawful permanent resident.
The VAWA provisions, apply equally to women and men.
Deportation Proceedings
Deportation (also called removal) is the process in which the federal government formally removes an immigrant from the United States. Once deported, an alien may lose the right to ever return to the US, even as a visitor. An immigrant in deportation proceedings has legal rights prior to being removed from the country, including the right to challenge the removal itself on procedural or constitutional grounds.