Immigration

Immigration

 
Our goal is to accompany each client to their exact destination. Trust and empathy will be our top priorities as we assist you step by step. As a result, we have achieved successful outcomes in 99.8% of all immigration cases. Immigration cases require more than just filling out application forms, as foreigners may face serious legal consequences if a comprehensive analysis of their cases is not conducted. 

For 16 years we have handled a variety of cases including many complicated cases. We proudly offer cost-efficient services to our valued clients. Feel free to contact us if you have any questions. 

 

Family-based Immigration (I-130)

U.S. citizens and permanent residents can petition for certain family members to become a lawful permanent resident.

Certain relatives must wait until a visa number is available before they can apply for either a Form I-485 (to adjust their status if they are in the United States) or for a visa (if they are outside the United States). If your relative qualifies as an immediate relative, however, an immigrant visa is always available.

If your relative is already in the United States but is not eligible to get their Green Card by filing Form I-485, either because a visa is not immediately available or for another reason, they may apply for an immigrant visa with the U.S. Department of State at the U.S. embassy or consulate in their country.

When petitioning for your relative, the following preference categories apply:

    • First preference (F1): Unmarried, adult sons and daughters of U.S. citizens. (Adult means 21 or older)
    • Second Preference (F2A): Spouses of Green Card holders, unmarried children (under 21) of permanent residents
    • Second Preference (F2B): Unmarried adult sons and daughters of permanent residents
  • Third Preference (F3): Married sons and daughters (any age) of U.S. citizens
  • Fourth Preference (F4): Brothers and sisters of adult U.S. citizens

Congress has limited the number of family members who may immigrate under these categories each year, so there is generally a waiting period before an immigrant visa becomes available.

 

U.S. Citizen Petition

Immediate Relative 

If you are a U.S. citizen, you may be able to petition for certain family members to become a lawful permanent resident (get their Green Card). Becoming a lawful permanent resident is a two-part process. You must file a petition for your relative (Form I-130, Petition for Alien Relative) and your relative must apply for adjustment of status (using Form I-485, Application to Register Permanent Residence or Adjust Status) or for an immigrant visa through the Department of State.

As a U.S. citizen, you may file a petition for the following “immediate relatives”:

  • Your spouse;
  • Your unmarried child under 21 years of age; or
  • Your parent (if you are 21 years of age or older).

If your qualifying immediate relative currently resides in the United States and wants to apply for lawful permanent resident status, they may apply using Form I-485 at the same time or after you file Form I-130.

If your qualifying immediate relative does not live in the United States, they must wait until we have approved your Form I-130 petition before they apply for an immigrant visa through the Department of State.

Preference Relative

If you are a U.S. citizen, you may be able to apply for certain family members to become a lawful permanent resident (get their Green Card).  Becoming a lawful permanent resident is a two-part process which includes the petition you file for your relative (Form I-130, Petition for Alien Relative) and your relative’s application for adjustment of status (Form I-485, Application to Register Permanent Residence or Adjust Status) or an immigrant visa through the Department of State.

As a U.S. citizen, you may file for the following “preference” relatives:

  • Your unmarried sons or daughters over 21 years of age;
  • Your married sons or daughters (any age); and
  • Your siblings.

If your qualifying relative currently resides in the United States and wants to apply for lawful permanent resident status, he or she may apply when a visa is available.

If your qualifying preference relative is abroad, he or she will apply for an immigrant visa through the Department of State after your petition is approved.

Permanent Resident Petition

A permanent resident may petition for their spouse, unmarried children under 21, and unmarried son or daughter of any age.

Family Based Petition for an Adopted Child

Lawful permanent residents and U.S. citizens can use the family-based petition process. However, this process is generally not available to children from Hague countries.

Along with meeting other criteria, the adoptive parent petitioner must have evidence of a final adoption before the child’s 16th birthday (or 18th birthday if an exception applies) and satisfy the two-year legal custody and joint residence requirements before the adopted child may be considered their “child” for purposes of immigration benefits.

 

Employment-based Immigration (I-140)

I-140, Immigrant Petition for Alien Workers 

EB-1 (Employment-Based Immigration: First Preference)

EB-1 Applicants can apply for employment immigration petitions and permanent residency alone without requiring employer sponsors and labor certification (LC). EB-1 is divided into the following three categories.

1) an individual of extraordinary ability

2) prominent professors and researchers

3) Executives and managers of multinational corporations

– As an individual who has extraordinary ability, you must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.  You must meet at least 3 of the 10 criteria below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal) as well as evidence showing that you will be continuing to work in the area of your expertise. No offer of employment or labor certification is required.

  • Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
  • Evidence of your membership in associations in the field which demand outstanding achievement of their members
  • Evidence of published material about you in professional or major trade publications or other major media
  • Evidence that you have been asked to judge the work of others, either individually or on a panel
  • Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
  • Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
  • Evidence that your work has been displayed at artistic exhibitions or showcases
  • Evidence of your performance of a leading or critical role in distinguished organizations
  • Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
  • Evidence of your commercial successes in the performing arts

– Outstanding professors and researchers must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years’ experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or a comparable research position at a university, institution of higher education, or private employer. You must meet at least 2 of the 6 criteria listed below and provide an offer of employment from the prospective U.S. employer. The private employer must show documented accomplishments and that it employs at least 3 full-time researchers. No labor certification is required.

  • Evidence of receipt of major prizes or awards for outstanding achievement
  • Evidence of membership in associations that require their members to demonstrate outstanding achievement
  • Evidence of published material in professional publications written by others about the noncitizen’s work in the academic field
  • Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
  • Evidence of original scientific or scholarly research contributions in the field
  • Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

– A Certain Multinational Manager or Executive must have been employed outside the United States for at least 1 year in the 3 years preceding the petition or the most recent lawful nonimmigrant admission if you are already working for the U.S. petitioning employer. The U.S. petitioner must have been doing business for at least 1 year, have a qualifying relationship to the entity you worked for outside the U.S., and intend to employ you in a managerial or executive capacity. Your petitioning employer must be a U.S. employer and intend to employ you in a managerial or executive capacity. The petitioner must have been doing business in the U.S. for at least 1 year, as a legal entity with a qualifying relationship to the entity that employed you abroad in a managerial or executive capacity. No labor certification is required.

 

EB-2 (Employment-Based Immigration: Second Preference)

If you are a member of a profession and you have an advanced degree or its equivalent, or if you have an exceptional ability, you may be eligible for an employment-based, second preference (EB-2) permanent worker visa. EB-2 can be divided into two categories:

Advanced Degree (LC Required)

The job you apply for must require an advanced degree and you must possess such a degree or its foreign equivalent (a baccalaureate or foreign equivalent degree plus 5 years of post-baccalaureate, progressive work experience in the field). You must meet any other requirements specified on the labor certification as applicable as of the priority date.

Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty. If a doctoral degree is customarily required, you must have a United States doctorate or foreign equivalent degree.

Exceptional Ability or NIW: National Interest Waiver (LC Waived)

If your area of ability is related to the national interest of the United States, you are eligible to file a petition on your own behalf. You may do this whether you seek to classify yourself as a member of a profession who has an advanced degree or if you have an exceptional ability.

You must be able to show exceptional ability in the sciences, arts, or business, which will greatly benefit the U.S. economy, cultural or educational interests, or welfare in the future. Exceptional ability means, “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” You must meet any requirements specified on the labor certification as applicable. You must meet at least three of the criteria below.

  • Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
  • Letters from current or former employers documenting at least 10 years of full-time experience in your occupation
  • A license to practice your profession or certification for your profession or occupation
  • Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
  • Membership in a professional association(s)
  • Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
  • Other comparable evidence of eligibility is also acceptable.

Those seeking a national interest waiver are requesting that the job offer, and thus the labor certification, be waived because it is in the interest of the United States. The endeavors that qualify for a national interest waiver are not defined by statute; instead, USCIS considers the 3 factors below.

Factors USCIS Considers for National Interest Waiver:

  • The proposed endeavor has both substantial merit and national importance.
  • You are well positioned to advance the proposed endeavor.
  • On balance, it would be beneficial to the United States to waive the requirements of a job offer, and thus the labor certification.

*For those with exceptional ability as defined by the Department of Labor (widespread acclaim and international recognition) or certain professional nurses and physical therapists, the employer submits the petition to USCIS with an uncertified ETA Form 9089 for consideration as Schedule A.

 

EB-3 (Employment-Based Immigration: Third Preference)

You may be eligible for EB-3 category if you are a skilled worker, professional, or other worker.

Skilled Workers

“Skilled workers” are persons whose jobs require a minimum of 2 years training or experience, not of a temporary or seasonal nature. The skilled worker must meet the educational, training, or experience requirements of the job opportunity. Relevant post-secondary education may be considered as training.

  • You must be able to demonstrate at least two years of job experience or training, not of a temporary or seasonal nature. Relevant post-secondary education may be considered as training;
  • You must be performing work for which qualified workers are not available in the United States; and
  • A labor certification and a permanent, full-time job offer are required.

Professionals

“Professionals” are persons whose job requires at least a U.S. baccalaureate or foreign equivalent degree and are a member of the professions.

  • You must be able to demonstrate that you earned a U.S. bachelor’s degree (or its foreign degree) related to the occupation, and that this degree is the normal requirement for entry into the occupation. Education and experience cannot be substituted for a bachelor’s degree;
  • You must be performing work for which qualified workers are not available in the United States; and
  • A labor certification and a permanent, full-time job offer are required.

Unskilled Workers (Other Workers)

The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

  • You must be able to perform unskilled labor (requiring less than two years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States; and
  • A labor certification and a permanent, full-time job offer are required.

 

245(i)

Section 245(i) of the Immigration and Nationality Act (INA), as amended by the Legal Immigration Family Equity (LIFE) Act and LIFE Act Amendments of 2000 (Pub. L. 106-553 and -554), enables certain individuals who are present in the United States who would not normally qualify to apply for adjustment of status in the United States to obtain lawful permanent residence (get a Green Card) regardless of:

  • The manner they entered the United States;
  • Working in the United States without authorization; or
  • Failing to continuously maintain lawful status since entry.

To qualify for this provision, you must be the beneficiary of a labor certification application (Form ETA 750) or immigrant visa petition (Forms I-130, Petition for Alien Relative, or I-140, Immigrant Petition for Alien Worker) filed on or before April 30, 2001.

 

Waiver (601&601A)

Form I-601 and Form I-601A are requests for waivers of inadmissibility to the U.S.

I-601, an application for Waiver of Grounds of Inadmissibility

If you are inadmissible to the United States for certain reasons (such as health-related, criminal, unlawful presence grounds, etc.) and are seeking an immigrant visa, adjustment of status, certain nonimmigrant statuses, or certain other immigration benefits, you must file form I-601 to seek a waiver of certain grounds of inadmissibility. You must show that you have a qualifying relative who would experience extreme hardship if you are refused admission to the U.S.

I-601A, an application for provisional unlawful presence waiver. 

If you are or will be inadmissible only for a period of unlawful presence in the U.S. and you are  relatives of U.S. citizens or lawful permanent residents, you may use this application to request a provisional waiver of the unlawful presence grounds of inadmissibility under Immigration and Nationality Act section 212 (a)(9)(B), before departing the United States to appear at a U.S. Embassy or Consulate for an immigrant visa interview. You must show that you have a qualifying relative who would experience extreme hardship if you are refused admission to the U.S.

 

DACA 

Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Individuals file Form I-821D to request a renewal of deferred action as well as Form I-765, Application for Employment Authorization, Form I-765 Worksheet.

*On Oct.5, the U.S. Court of Appeals for the Fifth Circuit affirmed a July 2021 decision of the U.S. District Court for the Southern District of Texas declaring the 2012 DACA policy unlawful. The Fifth Circuit, however, preserved the partial stay issued by the district court in July 2021 and remanded the case back to the district court for further proceedings regarding the new DACA rule. On Oct. 14, the U.S. District Court for the Southern District of Texas issued an order extending its injunction and partial stay to the DACA final rule.

At this time and while the stay remains in place, current grants of DACA and related Employment Authorization Documents are valid, and USCIS will accept and process renewal DACA requests and accompanying requests for employment authorization under the final rule. USCIS will continue to accept and process applications for advance parole for current DACA recipients and will continue to accept but not process initial DACA requests.