Family Based

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Citizenship Through Naturalization

Naturalization is the process by which U.S. citizenship is granted to a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA).


To apply for Naturalization, file form N-400, Application for Naturalization.


You might qualify for Naturalization if the following has been met:

  1. You have been a permanent resident for at least 5 years and meet all other eligibility requirements;
  2. You have been a permanent resident for 3 years or more and meet all eligibility requirements to file as a spouse   of a U.S. citizen;
  3. You have qualifying service in the U.S. armed forces and meet all other eligibility requirements; or
  4. Your child may qualify for naturalization if you are a U.S. citizen, the child was born outside the U.S., the child is currently residing outside the U.S., and all other eligibility requirements are met. 

Petition for Alien Relative

Form I-130, Petition for Alien Relative is a form submitted to the United States Citizenship and Immigration Services by a United States Citizen or Lawful Permanent Resident petitioning for an immediate or close relative intending to immigrate to the United States. It is one of numerous USCIS immigration forms. As with all USCIS petitions, the person who submits the petition is called the petitioner and the relative on whose behalf the petition is made is called the beneficiary.


As a US citizen, you may file an I-130 petition for:

  1. your spouse;
  2. your child under 21 years of age, who is unmarried;
  3. your married child of any age;
  4. your sibling (you should reach the age of 21 years); or
  5. your parent (you should reach the age of 21 years).


As a Green Card holder, you may file a petition I-130 for:

  1. your spouse;
  2. your unmarried child under 21 years of age; or
  3. your unmarried child of at least 21 years old.

Adjustment of Status

Form I-485, Adjustment of Status, commonly referred to as "AOS" or "green card" refers to the petition that a foreign national physically present in the United States submits to USCIS in order to change his  or her status from non-immigrant to immigrant, thereby becoming a lawful  permanent resident. Adjusting status to a lawful permanent resident of the United States is a big step. The wait can be long and difficult. 


It is important to know that NOT all foreign nationals are necessarily eligible to apply for an Adjustment of Status. To establish basic eligibility for an Adjustment of Status, an applicant must meet the requirements described below, which are enumerated in Section 245 of the Immigration and Nationality Act (INA). 


If a foreign national does not reside in the United States, s/he cannot adjust status. The alternative  route to a green card is to undergo immigrant visa processing at a U.S.  consulate or embassy in the foreign national's country of nationality or country of foreign residence. This process is referred to as consular processing.


Unfortunately, as mandated by  statute, immigrant visas are controlled by numerical quotas on an annual basis. The result of a limited supply of visas and demand exceeding supply has been a backlog in visa number availability. Foreign nationals can submit an Adjustment of Status petition only when the cut-off dates published every month in the U.S. Department of State’s visa bulletin fall after their priority dates, or alternatively if their immigrant category is “current.” 


A foreign national must physically reside in the U.S. in order to be eligible for an Adjustment of Status.  Prior to residing in the country, however, foreign nationals must have been both inspected and lawfully admitted to the United States. The term “inspected” refers to a foreign national presenting himself to an Immigration Officer at a U.S. port of entry,  while the term “lawfully admitted” refers to an Immigration Officer informing an inspected foreign national that s/he has been allowed to enter the country. In general,  a foreign national’s I-94 will indicate lawful admission to the U.S. Foreign national's who did not enter into the United States lawfully generally cannot apply for an adjustment of status.


Furthermore, there are some disqualifying issues that a foreign national may face if they do not meet the qualifications above. Some of those disqualifying issues are:


  1. Unauthorized employment;
  2. Unlawful Status;
  3. Failure to maintain status.


Foreign nationals who have engaged in unauthorized employment; who were not in lawful status at the time they filed their I-485 applications; or who have failed to continuously maintain their status since their entry in the United States are typically barred from adjusting status. Please consult with an experienced and licensed Immigration Attorney for consultation regarding unauthorized employment, unlawful status, and special circumstances.

Removal of Conditional Status

Form I-751, Petition to Remove Conditions on Residence is a form for conditional permanent residents who obtained status through marriage and want to apply to remove the conditions on permanent resident status. 


A person's permanent residence status will be conditional if it is  based on a marriage that was less than two years old on the day they were given permanent residence. A person is also given conditional resident status on the day they are lawfully admitted to the United States on an immigrant visa (having been married less than two years and entering on a CR-1 Visa). A person's permanent resident status is conditional because they must prove that they did not get married to evade the immigration laws of the United States.


It is pertinent to file the I-751 within the correct window of time and be sure not to file it before the 90-day window. If you file the I-751 too early, USCIS will send your application back. You may file at any time during the 90-day window, but it is wise to file earlier rather than later (within the 90-day time-frame).
 

Replacement of Lost Alien Registration Card

If you are a permanent resident who needs to replace your green card or a conditional resident who needs to replace your two-year green card for any of the reasons listed below, you may begin the application process for a replacement green card by e-filing form I-90, Application to Replace Permanent Resident Card or by filing a paper form by mail.


You will need to replace your green card if:

  1. Your previous card was lost, stolen, mutilated or destroyed;
  2. Your card was issued to you before you were 14 and you have reached your 14th birthday (unless your card expires before your 16th birthday);
  3. You have been a commuter and are now taking up actual residence in the United States;
  4. You have been a permanent resident residing in the United States and are now taking up commuter status;
  5. Your status has been automatically converted to permanent resident status (this includes Special Agricultural Worker applicants who are converting to permanent resident status); 
  6. You have a previous version of the alien registration card (e.g., USCIS Form AR-3, Form AR-103 or Form I-151 – all no longer valid to prove your immigration status) and must replace it with a current green card;
  7. Your card contains incorrect information;
  8. Your name or other biographic information on the card has been legally changed since you last received your card; or
  9. You never received the previous card that was issued to you by U.S. Citizenship and Immigration Services (USCIS).


As per USCIS, if you are outside the U.S. and have lost your green card, you will need to contact the nearest U.S. consulate, USCIS office or port of entry before attempting to file a Form I-90. If your Form I-90 application is approved, you will be mailed a replacement green card with a 10-year expiration date from the date it is issued.

Renewal of US Passport

You can renew by mail using Form DS-82 if your most recent passport:

  1. Is submitted with your application;
  2. Is undamaged (other than normal "wear and tear");
  3. Was issued when you were age 16 or older;
  4. Was issued within the last 15 years; and
  5. Was issued in your current name (or you can document your name change with an original or certified copy of your marriage certificate, divorce decree, or court order).


If any of the above statements do not apply to you, you must apply in person using form DS-11.


To ensure accuracy and to avoid delay, we can assist with form preparation and gathering documents.

Find out more

Employment Based

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Adjustment of Status Packet

EB-1

L-1

Natural Interest Waiver (EB-2)

O-1

PERM Labor Certification