An unlimited number of green cards can be issued to immigrants who are immediate relatives of US citizens. Examples of such are:
• Spouse of U.S. citizen, including recent widows and widowers.
• Unmarried people under the age of 21 who have at least one US citizen parent.
• Parents of U.S. citizens, if the US citizen child is over the age of 21.
• Stepchildren creating the stepparent/stepchild relationship took place before the child’s 18th Birthday and;
• Parents and children related through adoption, if the adoption took place before the child reached the age of 16.
• First Preference: Unmarried Sons and Daughters of U.S. Citizens
• Second Preference: Spouse and Children, and Unmarried Sons and Daughters of Lawful Permanent Residents
• Third Preference: Married Sons and Daughters of U.S. Citizens
• Fourth Preference: Brothers and Sisters of Adult U.S. Citizens
Adjustment of Status is a procedure allowing certain foreign nationals already in the U.S. to apply for immigrant status. Foreign nationals admitted to the U.S. in a non-immigrant, refugee, or parolee category may have their status changed to that of lawful permanent resident if they are eligible to receive an immigrant visa and one is immediately available.
Benefits of Adjustment of Status:
• You can maintain valid status in the U.S. while your Adjustment of Immigration Status application is being processed
• You are permitted to apply for an employment authorization document and take up employment while your Adjustment of Status application is pending
• You can file Adjustment of Status application concurrently with immediate relative green card petitions, and employment based first, second and third preference categories (if a visa is currently available)
• You can appeal a denied Adjustment of Status application
The fiancé K-1 nonimmigrant visa is for the foreign-citizen fiance of a United States (U.S.) citizen. The K-1 visa permits the foreign-citizen fiance to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. The foreign-citizen will then apply for adjustment of status to a permanent resident (LPR) with the Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services (USCIS). Because a fiancé visa permits the holder to immigrate to the U.S. and marry a U.S. citizen shortly after arrival in the United States, the fiancé must meet some of the requirements of an immigrant visa. Eligible children of K-1 visa applicants receive K-2 visas.
A person not eligible to be admitted into the United States or to adjust her status may obtain lawful admission by filing an application for waiver of the grounds of inadmissibility.
Both immigrants (intending permanent residents) and non-immigrants (temporary visitors) can apply for waivers of most grounds of inadmissibility, although the chances of success will vary based on the ground of inadmissibility and what is called the “equities” of the case. That is, it’s important and often necessary to show ties to the United States (such as family members or long residence) and to give the impression that, on balance, a waiver is fairer than a denial. If possible, also show that allowing the person in will be advantageous to the US in some way.
I-601A Provisional Waiver
Effective March 4th 2013, certain aliens whom have no legal status currently in the US and are a spouse, child or parent of a United States Citizen may qualify for this special waiver. This waiver can be applied for within the US prior to departing to country abroad for initial interviews. You may be eligible if:
• You are physically present in the United States.
• You are at least 17 years of age at the time of filing.
• You are the beneficiary of an approved immigrant visa petition classifying you as the immediate relative of a U.S. citizen.
• You have an immigrant visa case pending with the U.S. Department of State (DOS), for which you have already paid the immigrant visa processing fee.
• You believe you are, or will be at the time of the immigrant visa interview, inadmissible based on having accrued a certain period of unlawful presence in the United States.
• You meet all other requirements of the provisional unlawful presence waiver as listed in the regulations, the Form I-601A.
Applications are best to be filed with the assistance and counsel of an Attorney. THERE ARE NO APPEALS TO THIS WAIVER. Certain individuals under removal proceedings may be able to apply under the provisional waiver.
The U non-immigrant visa was created by Congress in an attempt to help strengthen the nations’ ability to protect victims of domestic violence, sexual assault, and other crimes, regardless of whether the victim is a U.S. citizen or not. In order to qualify for a U visa, the crime victim must report the criminal activity and cooperate with the law enforcement. Unfortunately, it is also necessary for the victim to have suffered physical or emotional damages as a result of the crime.
If you or a loved one have been victimized and fear seeking help because of non-immigrant status, contact an immigration attorney to help you understand your legal rights and opportunities. Rubio Law Firm has experience guiding foreign nationals through the immigration process and will work tirelessly to protect those that have suffered the serious impacts of crime.
You may be in the United States as a Conditional Resident if you were married for less than two years to your U.S. citizen spouse or permanent resident spouse on the day your permanent resident status was granted. Your status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States.
You are eligible to remove your conditions on residency if you are still married to your U.S. citizen spouse or permanent resident. If you are no longer married to your spouse, or if you have been battered or abused by your spouse, you can apply to waive the joint filing requirement. In such cases, you may apply to remove the conditions on your permanent residence any time after you become a conditional resident, but before you are removed from the country.
The most important difference between Refugee Status and Political Asylum is that the Refugee status application is done outside the applicant’s home country as opposed to the Asylee who can apply while in the United States. Political Asylum allows you to stay and work in the United States temporarily. An asylum seeker may ask for Derivative Status for his or her spouse and children. There is no quota limit on the number of people who may obtain political asylum, however, there is an annual limit of 10,000 on the number of people who may obtain permanent residency based on political asylum.
You must be applying for political asylum based on an actual experience of persecution in your home country or fear of persecution based on race, religion, nationality, political opinion, or membership in a social group. If you meet the qualifications, you may be approved for political asylum unless the USCIS proves that conditions have substantially improved in your home country.
TPS (Temporary Protected Status)
Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of designated countries. TPS beneficiaries will not be required to leave the United States while TPS remains valid and may obtain work authorization for the initial TPS period and for any extensions of the designation.
You may currently be eligible for Temporary Protected Status if you are from El Salvador, Honduras, Burundi, Libia, Somalia, Sudan, or Nicaragua and do not have any felony or more than two misdemeanor convictions.