Citizenship & Immigration Law

The origin story of Green Card started in the 1940s. After the initial registration of U.S. lawful permanent resident status, immigrants were given a distinct green card. Since then, Green Card is commonly known as Permanent Resident Card. A permanent resident of the U.S. is a person who enjoy all of the rights like a U.S. citizen except for voting and running for public offices and retaining certain employments.

There are different categories of eligibility to apply for a Green Card. Generally, someone may be eligible to apply for a Green Card through Family, Employment, Asylum, Victims of Human Tracking or Abuse, or through Diversity, and other special programs created by the Congress. The most common types of eligibility include Family, Employment, and Asylum. To be eligible to apply under the family category, you must be a relative to a U.S. citizen or a U.S. Lawful Permanent Resident. To be eligible to apply under the employment category, you must be an immigrant worker (EB1, EB2, EB3,) or a physician who works in a designated underserved area, or an immigrant visitor (EB5).

The length of the Green Card Application process varies depends on which category you application falls into. Generally speaking, priorities are given by the Congress to immediate relatives of the U.S. citizens and first preference immigrant workers, and immigrants work relates to national interest of the U.S. Many eligibility categories have a maximum number of Green Card can be issued each year for each country. For example, 8 USC 1151(d) enacted by the Congress says, “the worldwide level of employment -based immigrants is equal to 140,000 plus another number. And applications from each country will also have a maximum number. Thus, how long it takes depend on how many people in total applies for the same type Green Card and how many people in your country applied for the same type of Green Card, and whether there is a waiting list for this type of Green Card.

You can file your immigration visa and non-immigration visa with the U.S. Custom and Immigration Services (USCIS), your local consulate or embassy, and immigration court. There are different USCIS processing centers and immigration courts. Different types of application have different designated addresses for submission. USCIS currently is working on expanding the online filing feature at the USCIS website. Certain types of applications must be filed with the Immigration Court. If you are uncertain where you should send in your application, you should consult with an immigration attorney. Because filing with a wrong address or agency could result in substantial delay in your case and could result your miss certain deadlines. Many immigration issues are time sensitive; it is important to file your applications with the correct agency and address.

Certain relatives of the U.S. citizen can apply for green cards for their children. For instance, a spouse of a U.S. citizen can also apply for his or her step children. The spouse in the application would be called a principal beneficiary. The minor children would be called derivative beneficiary. However, U.S. immigration law defines children and Sons & Daughters differently. A derivative beneficiary (a U.S. citizen’s step child), depending on the eligibility category, may not be older than 16, 18, or 21 years of age and not married. Sons and Daughters are adult children who are married or are at least 21 years old. U.S. lawful permanent residents can also apply for their children (unmarried and under 21 years old) and their unmarried sons and daughters (adult children who are at least 21 years old).

A nonimmigrant visa is a visa that allows a foreign national to come to the U.S. for various purposes and before the expiration date of the nonimmigrant visa, the foreign national should depart the U.S. or obtain other lawful immigration status. The most typical nonimmigrant visa includes tourist visa (B1 visa), business visa (B2), student visa (F1), temporary work visa (H1B), physician & visiting scholar vis (J visa), temporary agricultural worker visa (H-2A)

If you are already in the U.S., you can apply for change from your existing non-immigrant visa to a different category of nonimmigrant visa. For example, you can apply for change from a tourist visa (B1) to a student visa (F1), or from a student visa (F1) to a temporary work visa (H-1B). Generally, these applications can be filed while you are in the U.S. However, it is important to know that if you are out of status, you may be accumulating “unlawful presence.” Unlawful presence is the time you stayed in the U.S. without lawful status. The starting date of your unlawful presence may require a legal analysis. Generally speaking, you have accrued 180 days but less than 1 year of unlawful presence, you may be barred from reentering the U.S. for three years. If you have accrued more than one year of unlawful presence, you maybe barred from reentering the U.S. for ten years. If you enter the U.S. illegally after accumulating more than one year of unlawful presence during one or more your previous stays in the U.S., you may be permanently barred from reentering the U.S. Having unlawful presence may also impact your Green Card application. It is important to consult with an immigrant attorney to know if you have accrued unlawful presence.

You can stay in the U.S. legally by having lawful immigration status. You may need a nonimmigrant visa or a Green Card. You may also file for asylum if you were persecuted in your home country and are afraid of returning to your home country. Lawfully entering the U.S. is always important because the accrual of lawful presence and being inspected or admitted or paroled can be determining factors in deciding whether you are eligible to apply for a visa or you may need a waiver.

You can work legally in the U.S. by applying for employment authorization document (EAD). Certain nonimmigrants do not need to apply for EAD because their visas already grant them the right and privilege to engage in employment. The most common visa that allows temporary employment is H1B and F1 visa Optional Practical Training (OPT). Li Law Group has helped business clients apply for H1B visa and L visa.

If you are married to a U.S. citizen and obtained your lawful permanent resident status, there are no laws prohibiting from dissolving your marriage. Generally, the divorce laws are state laws. Therefore, each state’s requirements for divorce may be different. However, if you need to remove your conditions on your permanent residency and you are in a divorce proceeding but it is not finalized yet, you must submit a waiver. You should consult with an immigration attorney about how to apply for remove the conditions and the waiver.

A Notice to Appear generally is a document telling you that you have violated the immigration law and you are required to appear before an immigration judge in an immigrant court. You may be getting a Notice to Appear after you were denied of an immigration application, committed a crime, being charged of a crime, or violated U.S. immigration law. In the Notice to Appear, it will show the time, date, location of your hearing. It will also show the alleged violations of immigration law. Notice to Appear usually is the beginning stage of your removal or deportation proceeding.

Removal Proceedings generally refer to deportation hearings before an immigration court or before the Board of Immigration Appeals (BIA). The judges will decide whether to deport you, grant or deny your immigration benefits/reliefs, and let you out of jail on bail or remain in the custody of the U.S. Department of Homeland Security. Immigration courts like other regular courts have its own set of rules and procedures. Unlike other courts, immigration courts are a part of the U.S. Department of Justice. Decisions made by the immigration courts may be challenged in U.S. District Court where it belongs to the judicial branch under the U.S. Supreme Court.

If you have received Notice to Appear or receive a denial notice of your immigration application, you should consult with an immigration attorney. Sometimes convictions of certain crimes can trigger deportation. Felony crimes often triggers deportation. Misdemeanors can also start the deportation proceedings. Even if you are facing deportation, you have rights and may be entitled to certain reliefs. If you are facing deportation, usually, one the first things the government needs to decide is whether to keep you in custody or let you out on bail. If the government decides to keep you in custody, you have a right to challenge and request a bond review hearing. Immigration proceedings are usually lengthy; thus, it is important you fight for your freedom while you fight your deportation.

Yes, you can fight deportation. Legal and illegal immigrants both have inalienable rights granted by the U.S. constitution so long they are physically on the U.S. soil.

After your asylum is denied, you will be referred to show up before an immigration court. You will have an opportunity to present your case before an immigration judge. If the judge denies your asylum again, you will lively be placed in deportation if there is a designated deporting country. However, after an immigration judge denies your application, you still have a right to appeal the judge’s decision before the Board of Immigration Appeals. However, unlike the immigration judge, the BIA will not hear anything new about your case. You will need to present everything in writing proving that the immigration judge made a wrong decision.

You can become a U.S. citizen through the naturalization process. Naturalization for Green Card holders becomes available after three to five years.

Biometric appointment happens after you have successfully submitted your immigration application. The USCIS schedules a meeting to capture your fingerprints and your profile picture. This information will then be used to conduct a background search.

Immigration courts are located in different states. You will generally be required to appear before an immigration that is closeted to your residence at the time of you received Notice to Appear. If you have moved since your case has been denied, you will need to request to move the venue to a different immigration court.