Immigration Services

 CITIZENSHIP AND NATURALIZATION    

There are different ways to obtain U.S. citizenship. Naturalization is the way that a noncitizen voluntarily becomes a United States Citizen (USC).  Depending on your situation, you may be eligible to apply for citizenship if you meet specific requirements. People eligible for citizen ship include: 

1. Lawful Permanent Residents (LPR) of at least 5 years (the most common); 

2. Lawful Permanent Residents who have been married to a USC for at least 3 years; 

3. U.S. Military Service members; and 

a. Spouse and children of U.S. military service member

4. Children of USCs

When you are considering whether to apply for U.S. citizenship, it is important to first determine if you are already a USC. Some people may have acquired citizenship through their parents or grandparents and not even know it! If that is the case would only need to apply to receive certification of you U.S. citizenship by filing an N-600. (discussed below)

If you, you are not already an USC, then you would need to assess whether you are eligible to become a USC through any of the 4 categories listed about. When assessing your eligibility, it is important to consider criminal history as it may impact your eligibility to apply or how you should apply. If you have a criminal history, it is recommended to consult with an immigration attorney before filing your application. 

If you are eligible, you would file an N-400 application and pay your fees. Some applicants will be required to attend a biometrics appointment for USCIS to verify and catalog their identity - by taking your photo, fingerprints, signature, etc. This information can be used for creating your identity cards and for criminal background checks. 

Once all of the preliminary processing is completed on your case, with the exception of some applicants, USCIS will send and appointment notice scheduling your naturalization interview for you to complete the naturalization process. Click hereto find study materials and resources to prepare for the naturalization interview and test.  When you show up to your interview you should bring your appointment notice and be well prepared for the citizenship test. Often at interviews, the immigration officer will verbally inform the applicant of their intent to grant, continue, or deny their application but USCIS will mail notice of the decision to you. 

If your application is approved, USCIS will mail you notice of your naturalization ceremony where you will take the Oath of Allegiance and be sworn in as an USC. Some lucky applicants may have the option to be sworn in on the same day as their interview if a naturalization ceremony is on the same day as the interview. 

Certification of Citizenship

U.S. citizen parents convey citizenship to children born outside of the United States. Generally, you may obtain citizenship through your U.S. citizen parents when you are born, or after your birth but before you turn 18. Important factors to consider when determining your eligibility are:

· Your date of birth;

· The citizenship and marital status of your parents;

· Your parents’ physical presence and residence in the United States before your child’s birth

· Whether you were born in or out of wedlock;

· Whether you were legitimated by the parent under the applicable laws; and

· Whether you were legally adopted.

These factors have restrictions and be complex to understand. It is recommended to consult with an immigration attorney before you apply if you have any doubts. If you believe you are eligible, you must file your N-600 and pay the fees. You will receive a receipt notice confirming that USCIS received your application. If you are not within any of the age and disability exceptions for biometrics appointments, your biometrics appointment date, time and the location of your application support center will be on your receipt notice. USCIS may send you a notice to appear for an interview. Finally, you will receive notice of your decision. 

On December 4, 2020 a Federal judge reinstated DACA, ordering The Department of Homeland Security to quickly accept new applicants. Therefore, USCIS should be accepting new applications for DACA as well as DACA renewals. If you believe that you meet the below eligibility requirements for DACA take advantage of this opportunity and apply today! 

You may request DACA if you:

1. Were under the age of 31 as of June 15, 2012;

2. Came to the United States before reaching your 16th birthday;

3. Have continuously resided in the United States since June 15, 2007, up to the present time;

4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;

5. Had no lawful status on June 15, 2012;

6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and

7. Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

 IMMIGRATION BOND

Except for certain criminals, terrorist and arriving noncitizens, once a noncitizen is detained by immigration officials or in immigration custody and subject to removal proceedings, he or she is eligible for a bond. Noncitizens with final orders of removal, which have not been executed within 90 days, are also eligible for release under supervision. If eligible for bond, the minimum statutory amount that the District Director or Immigration Judge can set the bond for is $1500.00. 

If your bond is set at an amount you believe unfairly high, you may request a bond redetermination hearing aka a “Joseph Hearing”. At this hearing the IJ can rule to keep your bond the same, lower your bond or even raise your bond. 

Detainers

When a noncitizen is arrested, immigration may be alerted of your incarceration. If immigration issues a detainer or “ICE hold”, they are requesting the state official to continue to hold you for up to 48 hours after your release in order to give them time to pick you up from the criminal facility and to put you in immigration custody. There they will initiate removal or deportation proceedings against you. If you are not a mandatory hold, a flight risk, or a danger to the community you should be eligible for a bond. 

U.S. immigration law allows certain aliens who are family members of U.S. citizens (USC) and lawful permanent residents (LPR) to become lawful permanent residents (get a Green Card) based on specific family relationships. Your qualifying USC or LPR relative must file a petition on your behalf to sponsor your Green Card. Be mindful that there are bars to adjustment of status and grounds of inadmissibility that may make certain applicants ineligible to for a Green Card. If you believe that you have any of these issues, it is best to consult with an immigration attorney to inform you of your options. Eligible family members are: 

Immediate Relative of a United States Citizen 

If you are an immediate relative of a U.S. citizen, you can become a lawful permanent resident based on your family relationship if you meet certain eligibility requirements.  

You are an immediate relative if you are: 

• The spouse of a U.S. citizen; 
• The unmarried child under 21 years of age of a U.S. citizen; or 
• The parent of a U.S. citizen (if the U.S. citizen is 21 years of age or older). 

Relative of a Lawful Permanent Resident and Other Qualifying Relatives of United States Citizens 

Other family members eligible to apply for a Green Card are described in the following family “preference immigrant” categories: 

• First preference (F1) - unmarried sons and daughters (21 years of age and older) of U.S. citizens; 
• Second preference (F2A) - spouses and children (unmarried and under 21 years of age) of lawful permanent residents; 
• Second preference (F2B) - unmarried sons and daughters (21 years of age and older) of lawful permanent residents; 
• Third preference (F3) - married sons and daughters of U.S. citizens; and 
• Fourth preference (F4) - brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age and older). 

Those immediate relatives who are within the U.S. when filing and have been inspected an admitted or inspected and paroled will immediately be eligible for a visa upon approval of a properly submitted Petition for an Alien Relative and Adjustment of Status application.  immediate family members or any of the preference immigrants who are filing outside of the United States, in addition to your initial Petition for an Alien Relative, you will have to wait until a visa in your category becomes current under the Visa Bulletin and undergo Consular Processing and approval before you can apply for Adjustment of Status and receive your Green Card.   

Temporary Protected Status (TPS)  

You may be eligible for TPS if you are in the U.S. and a national of a country that has been designated as for TPS, or a person without nationality who last habitually resided in a country designated for TPS  due to either: 

An ongoing armed conflict (such as civil war) 

An environmental disaster (such as earthquake or hurricane), or an epidemic 

Other extraordinary and temporary conditions 

In order to apply, applicants must file during the open initial registration or re-registration period, or meet the requirements for late initial filing during any extension of your country’s TPS designation  

Applicants who are approved to TPS are not removable from the United States and cannot be detained by DHS on the basis of his or her immigration status, can obtain an employment authorization document (EAD) and may be granted travel authorization. TPS does not provide a pathway to citizenship or give a an immigration status, but does not prevent you for apply for a nonimmigrant or immigrant visa if you  otherwise qualify. 

Current countries designated for TPS: El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, Sudan, South Sudan, Syria and Yemen. 

If you believe that you qualify for TSP and would like to speak to an immigration attorney about your potential, schedule a low cost initial consultation today! 

Violence Against Women Act (VAWA) 

This immigration benefit provides a way to permanent residence and a green card for five (5) categories of noncitizens: (1) An Amerasian (born after Dec. 31, 1950, and before Oct. 23, 1982); (2) The widow(er) of a U.S. citizen; (3) A self-petitioning spouse or child of an abusive U.S. citizen or lawful permanent resident under VAWA; (4) A self-petitioning parent of an abusive U.S. citizen under VAWA; or (5) A special immigrant. 

In order to be considered under category 5 special immigrant definition you must be one of the following: 

• Religious worker; 
• Panama Canal company employee, Canal Zone government employee, or U.S. government in the Canal Zone employee; 
• Physician licensed and practicing medicine in a U.S. state as of Jan. 9, 1978; 
• International organization or NATO-6 employee or family member; 
• Juvenile  who needs the protection of a juvenile court because they have been abused, neglected or abandoned by a parent; 
• U.S. armed forces member; 
• Afghan or Iraqi national who worked for or on behalf of the U.S. government as a translator; 
• Iraqi national who worked for or on behalf of the U.S. government in Iraq or 
• An Afghan national who worked for or on behalf of the U.S. government or the International Security Assistance Force (ISAF) in Afghanistan; or 
• Broadcasters for the United States Agency for Global Media (USAGM) or for a USAGM grantee. 

Work Authorization 

If you application is approved, you are eligible to apply for Employment Authorization Document (EAD) to work in the United States.  If you have an approved application and have been placed in deferred action, you are still eligible to apply to EAD.  

Asylum and Refugee 

Asylum is a protection granted to foreign nationals already in the United States or arriving at the U.S. border who meet the definition of a “refugee.” A refugee is defined as any person who is:  

1. Outside any country of such person’s nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and  
2. who is unable or unwilling to return to, and  
3. is unable or unwilling to avail himself or herself of the protection of that country  
4. because of persecution or a well-founded fear of persecution on account of 
   race,  religion,  nationality,  membership in a particular social group, or  political opinion, 

With the exception of TPS holders, applicants for Asylum must file and lodge his or her application for asylum within one year of your arrival to the U.S or show good cause as to why application was not timely filed.  

Work Authorization 

After 180 days of a pending Asylum application, the asylum applicant can file for Employment Authorization Documents to work in the U.S. If  the application is subsequently approved, the Asylum applicant will be eligible to receive U.S. residency or a green card. 

You may include your spouse and children who are in the United States on your application at the time you file or at any time until a final decision is made on your case. To include your child on your application, the child must be under 21 and unmarried. 

If you are in fear of returning to your home country based on the above definition of refugee and would like to discuss you eligibility to apply for asylum, schedule your low cost consultation to day. 

U-Visa 

This is a nonimmigrant visa for victims of a qualifying crimes that occurred in the U.S. that are not otherwise inadmissible.  If you suffered substantial physical or mental abuse as a result of having been a victim of criminal activity, have information about the crime and have been or are  willing to help in the investigation or prosecution that crime, and are admissible to the U.S., you may be eligible for this visa. 

There is an annual limit of 10,000 U-Visa granted each year for principal U-visa holders. There is no cap on U-visa for derivatives but derivatives will not become current until principal U visa holder is current. 

Work Authorization 

Once the principal U-visa is granted, the principal automatically receives Employment Authorization Documents (EAD). Derivative family members under the principle are eligible to work but must file separate EAD.  If the cap is reached for the year and the U-visa is approved, then DHS will deferred action the case to be put on waiting list for U-visas to become current. While on waiting list, the principal and derivatives may apply for EAD  based of deferred action.  

Residency - Green Card 

A grant of an U-visa can be up to 4 years. Extensions are available to those who qualify. After 3 years of maintaining U-visa Status the principal and derivative may be eligible to apply for residency and receive a green card. Based on USCIS's exercise of discretion. 

If you are a victim of a crime that occurred in the U.S. and wish to discuss your eligibility to apply for a U-visa, schedule your low cost consultation today! 

T-Visa 

Human trafficking, also known as trafficking in persons, is a form of modern-day slavery in which traffickers use force, fraud, or coercion to compel individuals to provide labor or services, including commercial sex. Traffickers often take advantage of vulnerable individuals, including those lacking lawful immigration status. T visas offer protection to victims and strengthen the ability of law enforcement agencies to investigate and prosecute human trafficking . T nonimmigrant status is a temporary immigration benefit that enables certain victims of a severe form of human trafficking to remain in the United States for up to 4 years if they have assisted law enforcement in an investigation or prosecution of human trafficking. 

T nonimmigrant status is also available for certain qualifying family members of trafficking victims. T nonimmigrants are eligible for employment authorization and certain federal and state benefits and services. T nonimmigrants who qualify may also be able to adjust their status and become lawful permanent residents (obtain a Green Card). 

You may be eligible for T nonimmigrant status if you: 

• Are or were a victim of a severe form of human trafficking as defined above; 
• Are in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to trafficking; 
• Comply with any reasonable request from a law enforcement agency for assistance in the investigation or prosecution of human trafficking (unless you are under the age of 18 or you are unable to cooperate due to physical or psychological trauma. In either case, you may not need to show that you complied with reasonable requests from law enforcement); 
• Demonstrate that you would suffer extreme hardship involving unusual and severe harm if you were removed from the United States; and 
• Are admissible to the United States 

Work Authorization 

If you are granted T-1 nonimmigrant status, USCIS will provide you with an Employment Authorization Document (EAD) at the same time your Form I-914 application is approved. Eligible family members in the U.S that are included in the principal's T visa application may file for EAD at the same time or at a later time. 

Residency - Green Card 

T nonimmigrants may be eligible to apply for lawful permanent residence (a Green Card) after 3 years in T nonimmigrant status or once the investigation or prosecution of the trafficking is complete, whichever occurs earlier.  

If you a victim of severe human traffic and would like to discuss you eligibility to apply for a T-visa, book your low cost consultation today!