What is immigration law?

Immigration law determines the status of non-U.S. citizens, states their legal rights and duties and determines how long the alien can stay in the country.  Immigration law attorneys can help clients with a variety of issues, including:

• Sponsoring employees for permanent residence;

• Filing labor certifications for permanent and/or temporary foreign workers with the US Department of Labor;

• Filing petitions for nonimmigrant workers;

• Sponsoring family members for permanent residents;

• Filing for derivative status for spouses and minor children;

• Seeking status under the Child Status Protection Act;

• Applying for refugee or asylum status;

• Defending against removal proceedings;

• Appealing immigration judge’s orders;

• Filing visa applications;

• Filing naturalization applications;

• Requesting conditions be removed from permanent residence status;

• Filing taxes for aliens, non-immigrants, citizens with dual citizenship and others;

• Completing a foreign adoption.

What is a visa?

Anyone wishing to come to the United States must first get permission from the United States government to do so.  The permission to enter the United States is called a “visa.” It is usually a stamp in your passport.  Aliens must apply for a visa through a U.S. embassy or consulate outside of the United States.   A temporary visa allows an alien to enter and stay in the United States for a limited period of time, usually to work, study, or travel.  The Visa Waiver program allows some aliens to visit the United States without a visa. The word “visa” is also used in reference to part of the process of getting a green card.

Does everyone need a visa to travel to the US?

Not everyone is required to have a visa to travel to the US, depending on where they are from and the purpose of their travels. Below are some examples of those who may travel without a visa. For more specific information on whether you qualify to enter the US without a visa, contact an experienced immigration attorney.

To qualify for the Visa Waiver Program, the individual must be:

• A resident of a country part of the program-- there are 27 countries that participate in this program;

• Entering the US for an approved business or tourism purpose;

• Staying in the US for 90 days or less.

How do I know if I'm eligible for a temporary visa in the U.S.?

One can enter the U.S. temporarily for a variety of reasons, including as a visitor or tourist, business person, student, or temporary employee. These temporary visas are known as nonimmigrant visas and are issued at U.S. embassies and consulates located in most countries. For many of the employment categories, the employer must obtain an approved petition from the USCIS prior to the individual's making an application for a visa at the consulate. Similarly, students must be accepted at a qualifying school. The visa officer at the issuing embassy or consulate must be convinced that the visa applicant will comply with the terms of the stay. For many categories, the visa officer must be convinced that the applicant will leave the U.S. after the end of the authorized stay. The burden is on the applicant to demonstrate through strong personal, professional, or other evidence that his/her intent is to depart the U.S. within the prescribed timeframe. Visas may be valid for one or more entries into the U.S. and, accordingly, are referred to as single-entry or multiple-entry. The length of time for which a visa is issued depends upon the category and other factors.

A visa, however, does not automatically guarantee entry to the U.S. The immigration officer at the U.S. port of entry makes that final determination.

What is a green card?

A green card allows an alien to live and work permanently in the United States. An alien must wait for an Immigrant Visa number before he can receive a green card.  A Green Card USA is a permanent residence visa, which will be issued for life. The United States government allows people from eligible countries to participate in the Diversity Lottery Green Card every year and then grants 50,000 Green Card Lottery winners a permanent residency. Once the Green Card is obtained, that person may legally live and work in the United States for an infinite period of time. At the same time, Green Cards also allow the person to apply for government jobs. If desired, a Green Card winner include getting a spouse green card, may also apply for US citizenship along with a US passport at a later point and keep the current citizenship until the decision is made.

How do I get a green card?

There a number of avenues to a Green Card, or lawful permanent residence (LPR), in the United States. The two most common are immigration through employment and immigration through family in procedures managed through the United States Citizenship and Immigration Services (USCIS). In order for a foreign national to qualify for immigration through family, he must be sponsored by a relative who is a U.S. Citizen or lawful permanent resident. A Form I-130, Petition for Alien Relative, and a Form I-864, Affidavit of Support, must be submitted to the USCIS to begin the process.

Once approved, if the foreign national is not an immediate family member of a U.S. Citizen, the petition enters into the State Department queue for the issuance of visa numbers. Once the visa number is issued, the immigrant, if in the U.S. at the time of the issuance, may submit Form I-485, Application to Register Permanent Residence or Adjust Status, or if the immigrant is outside of the U.S., he may go to the local U.S. Consulate to complete the processing. For foreign nationals immigrating through employment, an employer submits a labor certification request to the Department of Labor. Once this request is certified, the employer includes it in the submission of Form I-140, Petition for Alien Worker, to the USCIS. The petition enters a queue at the State Department for the issuance of a visa number. Once that number is granted the immigrant may then adjust his status.

How can an immigrant lose his or her Green Card?

A Green Card, or Alien Registration Card, provides evidence of an alien’s status as a legal permanent resident in the US. The card serves as the main proof of a legal resident’s identity and also serves as evidence of the resident’s ability to work in the US. 

Legal residents can lose their Green Cards several ways. If the legal resident violates US law, he or she may lose permanent resident status. This can include violations of immigration laws, such as helping others enter the country illegally or providing false documentation to receive immigration benefits. It also can include breaking US criminal laws, such as being convicted of certain crimes, including drug crime.

Legal residents also can lose their Green Cards if they remain outside of the US for extended periods of time. For example, if a legal resident remains outside of the US for longer than one year, he or she may lose permanent resident status. Filing for a re-entry permit can prevent this from happening.

Legal residents who accept an offer of employment in another country or take up a foreign residence may be found to have abandoned their status and will have to reapply for the appropriate type of immigrant visa to regain their status and its benefits.

Legal residents also must pay US taxes and file the appropriate type of returns. Failure to do so may indicate the resident has abandoned status.

Green Cards also expire. To ensure their cards remain valid, legal residents should renew their cards every 10 years before the expiration date. If you have concerns that your travel plans or other activities may impair your immigration status, or you have been charged with a crime, contact an experienced immigration attorney today.

How can I gain U.S. Citizenship?

Citizenship in the United States of America can be achieved in two ways, through birth or naturalization.  When you are born in the United States, you are automatically a US citizen.  You are also a US citizen if both of your parents were born in the United States.

The process of naturalization is a step-by-step procedure that must be undertaken by individuals who were not born in the United States of America but want to live here.

Naturalization is the process by which U.S. Citizenship is conferred upon a foreign citizen who has fulfilled certain requirements. 

How do I know if I'm eligible to file for naturalization?

The general requirements for Naturalization include:

• Be at least 18 years of age;

• A period of continuous residence and physical presence in the United States ;

• Residence in a particular USCIS District prior to filing;

• An ability to read, write, and speak English;

• A knowledge and understanding of U.S. history and government;

• Good moral character;

• Attachment to the principles of the U.S. Constitution;

• Favorable disposition toward the United States.

What are the benefits of becoming a U.S. Citizen?

Some important benefits of citizenship are:

• Voting: Only U.S. citizens can vote in Federal elections. Most states also restrict the right to vote to U.S. Citizens

• Bringing family members to the United States: Citizens generally get priority when petitioning to bring family members permanently to this country.

• Obtaining citizenship for children born abroad: In most cases, a child born abroad to a U.S. Citizen is automatically a U.S. Citizen

• Traveling with a U.S. passport: A U.S. passport allows you to get assistance from the U.S. government when overseas

• Becoming eligible for Federal jobs: Most jobs with government agencies require U.S. citizenship.

• Becoming an elected official: Many elected offices in this country require U.S. citizenship.

• Showing your patriotism: In addition, becoming a U.S. citizen is a way to demonstrate your commitment to your new country

Who needs an employment authorization document prior to seeking employment in the US?

Certain classes of nonimmigrant visa holders (those who receive permission to work temporarily in the US) will need to request an employment authorization document (EAD) before they can begin working in the US. Currently, the following classes must apply for EAD:

• Academic student visa holders seeking employment off-campus

• Aliens in the process of adjusting to legal permanent resident status

• Fiancés of US citizens

• Dependents of foreign government officials

Additionally, those with asylum applicant, refugee or temporary protected status also must receive EAD prior to beginning employment in the US. EAD requests may be submitted electronically or by mail to the US Citizenship and Immigration Services (USCIS). Not all applicants will qualify for electronic filing.

US citizens and legal permanent residents do not have to receive EADs before they can begin working in the US. US citizens only need their Social Security cards and legal permanent residents only will have to present their Alien Registration cards, or “Green Cards” as they are more commonly referred. However, it should be noted that legal permanent residents may not be eligible for every type of employment, including those that require certain security clearances.

What is conditional resident status?

Sometimes individuals are admitted to the US with conditional resident status. It is basically a two-year probationary period before an individual can receive the privileges of full permanent resident status. Conditional resident status is applied to two groups of people:

Those who received their status through marriage to a US citizen where the marriage is less than two years old

Those who received their status through investment as an employment creation immigrant

The US Citizenship and Immigration Services (USCIS) will send a notice to each individual with conditional resident status that provides the requirements that must be met in order for the condition to be removed.

The individual should apply to have the condition removed within 90 days of the expiration of the two year term by filing a Petition to Remove the Conditions on Residence (Form I-751) with the appropriate USCIS office.