Immigration Law

Family based immigration (green cards)

• U.S. Citizens may sponsor the following relatives for lawful permanent residence (green cards):
• Spouses
• Children (unmarried and under 21) If a child is married, older than 21, or both, he/she is not considered a "child" for immigration purposes.
• Parents.
• Brothers/ Sisters
• Adult sons and daughters

Please note that because spouses, children and parents are considered "immediate relatives," an immigrant visa number is always available for them. Spouses, children and parents of U.S. citizens are not subject to any immigrant visa limitations.

Brothers and sisters as well as adult sons and daughters of U.S. citizens are not considered "immediate relatives" and are subject to a quota preference system.

In order to sponsor a sibling or a parent, the U.S. citizen must be 21.

• U.S. Permanent Residents may sponsor the following relatives for lawful permanent residence (green cards):
• Spouses
• Children (unmarried and under 21) - Your child's child(ren) may be included on this petition.
• Unmarried sons and daughters (21 or over) - Your son or daughter's child(ren) may be included on this petition

Adjustment of Status (obtaining a green card in the United States)

Consular Processing (obtaining a green card/or immigrant visa at the US consular office in a foreign country)

US. Citizens can petition for a fiancé(e) (K1 visa). The K1 visa is a non-immigrant visa that allows the fiancé (e) (the foreign national) to enter the United States for 90 days so that a marriage ceremony can take place. If your fiancé(e) has a child under 21 and unmarried, a K-2 non-immigrant visa may be available to him or her. For more information on K1/K2 visas, please check the non-immigrant visa section on this website or schedule a consultation with attorney Angelova.

Employment based green cards

Employment based immigrant visas are divided into five preference categories. Certain spouses and children may accompany or follow-to-join employment based immigrants.

First Preference (EB1): Priority Workers. A labor certification is NOT required for any of the following Priority Subgroups:

• Persons with extraordinary ability in the sciences, arts, education, business, or athletics.
• Outstanding professors and researchers with at least three years of experience in teaching or research, who are recognized internationally.
• Multinational managers or executives who have been employed for at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer.

Second Preference (EB2): Professionals holding advanced degrees and persons with exceptional ability. A labor certification is required for the subgroups below:

• Professionals holding an advanced degree, or a baccalaureate degree and at least five years progressive experience in the profession.
• Persons with exceptional ability in the sciences, arts, or business.

Third Preference (EB3): Skilled workers, professionals and unskilled workers

• Skilled workers are persons whose jobs require a minimum of 2 years training or work experience that are not temporary or seasonal.
• Professionals are members of the professions whose jobs require at least a baccalaureate degree from a U.S. university or college or its foreign equivalent degree.
• Unskilled workers are persons capable of filling positions that require less than two years training or experience that are not temporary or seasonal.

U.S. Citizenship (N-400)

• Citizenship through naturalization - Naturalization is the conferring of U.S. Citizenship after birth by any means whatsoever. INA 101(a)(23).
• Derivative citizenship (citizenship through parents)
• Renouncing your U.S. Citizenship
• Revocation of U.S. Citizenship

Non-Immigrant Visas

• H1B – workers in a specialty occupation
• H4 – dependent spouses and children of H1B and H2B holders
• H2A - agricultural workers (temporary)
• H2B - temporary workers performing other services or labor of a temporary of seasonal nature
• B1 - business visitors.
• B2 - tourist visa
• F1 – academic student
• F2 - spouse of an academic student
• F3 - Canadian or Mexican national academic commuter students
• M1- vocational students
• M2 - spouses and children of vocational students (M1)
• M3 - Canadian and Mexican national vocational commuter students
• J1 - exchange visitors
• J2 - spouses and children of exchange visitors (J1)
• L- intracompany transferees 
  L1A – intracompany transferees in managerial or executive positions 
  L1B – intracompany transferees in positions utilizing specialized knowledge 
  L2 – dependent spouses and children of L1A and L1B
• O1 – persons with extraordinary ability in sciences, arts, education, business, or athletics and motion picture or TV production
• O2 – individuals accompanying O1 holders with the sole purpose to assist them
• O3 – dependent spouses and children of O1 and O2 holders
• U Visa - if you need more information about U visa, please read here - http://www.angelovalaw.com/Law-Blog/2015/July/Can-I-get-a-U-visa-.aspx

Deportation - Please see our Removal Proceedings page.

Asylum

Inadmissibility

Waivers

Authored by: Aneliya Angelova