IMMIGRATION LAW
Whether you’d like to know the meaning of a certain immigration term, who is eligible for U.S. visas or green cards, or whether you need a lawyer to handle your particular situation, this is the place to start. Browse the categories below.
Immigration Law Topics
Getting a Green Card (Permanent Residency)
Learn about the paths, process, and problems involved in becoming a permanent U.S. resident.
Family-Based Immigration
One of the most common ways immigrants gain permanent residency in the U.S. is through family members – by marriage and blood.
Employment-Based Immigration
How immigrants become permanent residents of the U.S. (green card holders) through an employer.
US Visas – Nonimmigrant (Temporary) Visas
Laws and procedures for entering the U.S. on temporary terms for pleasure or business.
Working in the U.S.
If you’re a foreign national and you’d like to work in the United States, you’ll need to obtain authorization to do so, or a work visa.
Student Visas
Students from all over the world come to the United States to study. Here are the immigration rules to which they must adhere.
US Citizenship & Naturalization
Learn about the eligibility rules for becoming a U.S. citizen and the steps to get there.
Removal (Deportation): Process & Laws
Learn about the deportation process, who can be removed from the U.S., and possible defenses.
Asylum & Refugee Status
Foreign nationals who are persecuted – or fear they will be – in their home country may be able to seek permanent residence in the United States
Immigration Applications, Petitions, & Processes
Find tips on navigating the U.S. immigration procedures.
Hiring, Paying, and Working With an Immigration Lawyer
Do you need an immigration lawyer? How much will it cost? When can you do without legal representation?
Popular Application
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Can You Get a U.S. Green Card?
An introduction to whether you might be eligible for a U.S. green card (lawful permanent residence) based on family, employment, or other categories.
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Filing for a Green Card: Process Overview
An immigrant to the United States who has been granted the right to live and work in the U.S. permanently receives a permanent resident card, also known as a “green card.” But no one receives it right away.
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Steps to Become an American Citizen
How to get U.S. citizenship through the naturalization process, step by step.
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When You Need an Immigration Lawyer
What to expect when first seeking an attorney.
FAQ
We are focused on trying cases for our clients whenever that is necessary. Having your day in court allows you to put the facts of your case in front of your peers and allows them to make a decision based on the facts in the case.
Immigration Law
Factors considered by the USCIS include:
- Whether the applicant has an immediate relative who is a U.S. citizen or lawful permanent resident;
- Whether the applicant has a permanent employment opportunity in the U.S., and whether that employment fits under one of the five eligible employment categories;
- Whether the applicant is making a capital investment in the U.S. that meets certain dollar thresholds, and that either creates or saves a specified number of jobs; and
- Whether the applicant qualifies for refugee status as an individual who suffers or fears persecution on the basis of race, religion, nationality, political view, or membership in a certain group in his or her country of origin.
The purpose of the DV Lottery Program is to annually award immigrant visas to applicants whose country of origin has low immigration rates to the U.S. (not more than 50,000 in the last five years). The program is called a lottery because there are more applicants than available visas, and the visas are granted randomly among qualified applicants.
Deportation (or removal) occurs when an alien is found to have violated certain immigration or criminal laws, consequences being that the alien forfeits his or her right to remain in the U.S., and is usually barred from returning.
The Bureau of Immigration and Customs Enforcement issues a Notice to Appear (NTA) stating the reason why the alien should be deported or removed. The NTA is served to the alien and is filed with the immigration court. A hearing is scheduled, at which an immigration judge will determine if the information in the NTA is correct. If it is, removal of the alien will be ordered.
Yes. The alien has 30 days to appeal the decision to the Board of Immigration (BIA). If the BIA decides against the alien, the matter can be appealed to the U.S. Court of Appeals. Finally, if the Court of Appeals also finds against the alien, the matter can be appealed to the U.S. Supreme Court.
A spouse’s permanent resident status will be conditional if it is based on a marriage that was less than two years old from the day the permanent resident status was granted. To remove the conditions, the spouse must establish that the purpose of the marriage was not to evade the U.S. immigration laws.
If the marriage to the U.S. citizen who filed the petition to permit the fiance(e) into the U.S. does not take place within 90 days of entering the U.S., the fiance(e) will be required to leave the country.
Yes. A married U.S. citizen, or an unmarried citizen who is at least 24 years of age and will be at least 25 when the petition is actually filed, may file a Form I-600A, Application for Advance Processing of Orphan Petition, to speed up the adoption process.
The federal Immigration and Nationality Act provides the basis for U.S. immigration law.
Yes. The U.S. Citizenship and Immigration Services (USCIS) bureau has discretion to waive a filing fee if the applicant can establish that he or she is unable to pay. In order to have the USCIS consider waiving a fee, the applicant must follow specific instructions, including completion of a form for review by the USCIS.