Tag Archive Permanent Residence

ByPhillip Kim

How to Get a Green Card through a Job Offer

There are several steps to apply for a green card, also known as permanent residency, if you believe you qualify through a job opportunity in the United States, and if you are an employer, you may help sponsor an employee for permanent residency.

If you live outside the U.S., you must go through a consular processing where you will be issued a visa, if available, when your petition gets approved. If you reside in the United States, you can obtain a green card by adjusting your status.

There will be several documents required when filing for your petition. Supporting documents include evidence of inspection during entry into the United States, copy of approval notice by the USCIS, proof of employment offer, two colored passport photos, biographic information, medical examination, affidavits, and other forms pertaining to your eligibility.

ByStaff

Getting a Green Card: Who Qualifies For the LIFE Act?

The Legal Immigration Family Equity (LIFE) Act allows some people to change their status to permanent resident even if they would not be otherwise eligible. Protection under the LIFE Act is called Section 245 adjustment of status and it might be able to help you get a green card.

To get a green card under the LIFE act, someone needs to have petitioned for you as an alien worker or relative or have a labor certification filed before April 30, 2001. If you have one of these petitions in your name, you may qualify for a green card through the LIFE act. Section 245 needs you to have a visa readily available to you, so file your form when one becomes available. If you have a visa available and the proper certification (listed above) the LIFE Act can provide permanent residence regardless of unlawful presence in the U.S., working illegally in the U.S., or leaving the U.S. during your stay, which disrupts your continuous stay. This means you can file for Section 245 residence under the LIFE Act if you are currently present in the U.S. unlawfully or have been working without a permanent work visa.

In order to receive a green card under section 245, you must be admissible to the U.S. This means you should be careful not to trigger inadmissibility. For example, you should not depart the country after unlawful stay in the U.S. because you will be barred from re-entry. Look into INA law for instructions on avoiding inadmissibility.

Children and spouses of section 245 green card holders may also be offered protection from removal if they have been living in the U.S. and can be granted employment lawfully under your LIFE Act residence card.

You should check the dates that section 245 requires you or your family to have been in the U.S. because they are often changing. Always be careful to file the most current forms with the most current information to avoid delays in your application process.

For more information and help with getting a green card, contact immigration attorney Phillip Kim!

(559) 761-9742

ByStaff

What is the EB-2 Status Work Visa?

Permanent workers in the U.S. under EB-2 preference demonstrate that they are educated and/or highly skilled in their professional area. With EB-2 Preference, you will be granted a visa that is eligible for permanent residence status. That means you can use your EB-2 visa to get your green card and permanently relocate to the U.S.

There are 3 major areas of eligibility for the EB-2:

  1. Your prospective job requires an advanced degree which you have. An advanced degree is defined as above a U.S. bachelors or its foreign academic equivalent. It’s also acceptable to apply with a bachelor’s (or its equivalent) and 5 years relevant professional experience doing your prospective job. If you plan to substitute work experience for an advanced degree, show that your employment was progressive and that you attained a higher level of knowledge or esteem during this time. Any academic degrees must be proven through proper documentation. Applicants in this area must also have a Labor Certification Application submitted to the U.S. Department of Labor by their prospective employer on their behalf.
  2. You have exceptional professional ability in a field of the arts, sciences, or business. Entrepreneurs are eligible to get EB-2 status. Skilled or talented applicants in this category of eligibility must also have a Labor Certification Application filed on their behalf by the prospective U.S. employer. Your application should provide documentation.
  3. Eligibility with a National Interest Waiver. The National Interest waiver takes the place of the Labor Certification requirement for the other applicants. National Interest Waiver applicants are claiming and must demonstrate that the U.S. would greatly benefit from their immigration and absorption into the U.S. economy. National Interest Waivers are self-petitioners and do not need to have prospective employment in order to apply for a permanent work visa. If you are granted a National Interest Waiver, you do not need to have labor certification. You can petition for a NIW as an entrepreneur.

If you are eligible for EB-2 status visa in the second or third eligibility category, you must meet at least 3 of the following criteria:

  • documents demonstrating educational attainment, including academic records, certificates, etc.
  • documentation of at least 10 years full-time relevant professional experience
  • a professional license or certificate qualifying you to practice your trained profession
  • evidence that your professional experience was salaried, paid work
  • commendations of skill or experience from peers, associations, or the government
  •  membership (or past membership) in professional associations in your field of work

For the EB-2 status visa, your family can also apply to travel with you as permanent residents with EB-2 status. Qualifying family are spouses and unmarried children under 18 years old.

For more information and help with getting a visa, contact immigration attorney Phillip Kim.

ByPhillip Kim

Fiancé(e) Visas by Immigration Attorney in Fresno

This page provides information for U.S. citizens wishing to bring a foreign national fiancé(e)

living abroad to the United States to marry.

If you plan to marry a foreign national outside the United States or your fiancé(e) is already

residing legally in the United States, you do not need to file for a fiancé(e) visa.

Eligibility Requirements

If you petition for a fiancé(e) visa, you must show that:

● You (the petitioner) are a U.S. citizen.
● You intend to marry within 90 days of your fiancé(e) entering the United States.
● You and your fiancé(e) are both free to marry and any previous marriages must have

been legally terminated by divorce, death, or annulment.
● You met each other, in person, at least once within 2 years of filing your petition. There

are two exceptions that require a waiver:
1. If the requirement to meet would violate strict and long-established customs of your or

your fiancé(e)’s foreign culture or social practice.
2. If you prove that the requirement to meet would result in extreme hardship to you.
Application Process

After the Fiancé(e) Visa is Issued

Once issued, the fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the

United States for 90 days so that your marriage ceremony can take place. Once you marry,

your spouse may apply for permanent residence and remain in the United States

Children of Fiancé(e)s

If your fiancé(e) has a child (under 21 and unmarried), a K-2 nonimmigrant visa may be

available to him or her. Be sure to include the names of your fiancé(e)’s children

Permission to Work

After admission, your fiancé(e) may immediately apply for permission to work Application

for Employment Authorization.

What happens if we do not marry within 90 days?

Fiancé(e) status automatically expires after 90 days. It cannot be extended. Your fiancé(e)

should leave the United States at the end of the 90 days if you do not marry. If your fiancé

(e) does not depart, he or she will be in violation of U.S. immigration law. This may result in

removal (deportation) and/or could affect future eligibility for U.S. immigration benefits.

We want to make plans for our wedding. How long will this process take?

To check the current processing times
For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
http://PhillipKimLaw.com/

ByPhillip Kim

Green Card Through Family by Immigration Attorney in Fresno

Many people become permanent residents (get a green card) through family members. The United States promotes family unity and allows U.S. citizens and permanent residents to

petition for certain relatives to come and live permanently in the United States. You may be eligible to get a green card through a family member who is a U.S. citizen or permanent

resident, or through the special categories described below. For more information on the

categories below, Please Contact : Fresno Immigration Attorney Phillip Kim

There are two distinct paths through which you can get your green card. Many family members who are already in the United States may qualify for adjustment of status to

permanent residence in the United States, which means they are able to complete their immigrant processing without having to return to their home country. Those relatives outside the United States or those who are not eligible to adjust status in the United States

may be eligible for consular processing through a U.S. embassy or consulate abroad that has jurisdiction over their foreign place of residence. For more information on these processes, Please Contact :Phillip Kim

If Your Family Member is a U.S. Citizen

You may be able to get a green card as an immediate relative or as a family member in a preference category if your U.S. citizen relative files a Form I-130, Petition for Alien Relative, for you. For more information on immigrant petitions, Please Contact :
(559) 761-9742

◆ Immediate Relative of a U.S. Citizen
You are an immediate relative of a U.S. citizen if you are:

◆ The child (unmarried and under 21 years old) of a U.S. citizen
◆ The spouse (husband or wife) of a U.S. citizen
◆ The parent of a U.S. citizen (if the U.S. citizen is 21 years or older)
◆ Family Member of a U.S. Citizen in a Preference Category
You are a family member of a U.S. citizen in a preference category if you are:

◆ An unmarried son or daughter (21 years or older) of a U.S. citizen
◆ A married son or daughter (any age) of a U.S. citizen
◆ A sibling (brother or sister) of a U.S. citizen
If Your Family Member is a Permanent Resident

You may be able to get a green card as a family member in a preference category if your

family member filed a Form I-130 on your behalf. For more information on immigrant

petitions, Please Contact :Fresno Immigration Attorney Phillip Kim

◆ Family member of a permanent resident in a preference category
You are a family member of a permanent resident in a preference category if you are:

◆ The spouse of a permanent resident
◆ The child (unmarried and under 21 years old) of permanent resident
◆ The unmarried son or daughter (21 years or older) of a permanent resident Green Card Through Special Categories of Family

You may also be eligible to get a green card if you:

◆ Are a battered child or spouse of a U.S. citizen
◆ Entered the United States with a K visa as the fiance(e) or spouse of a U.S. citizen or an accompanying child
◆ Obtained V nonimmigrant status
◆ Are a widow(er) of a U.S. citizen
◆ Are born to a foreign diplomat in the United States
For more information on “Adjustment of Status” and “Consular Processing” , Please

Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
http://PhillipKimLaw.com/

ByPhillip Kim

Green Card through a Job Offer by Immigration Attorney in Fresno

If you want to apply for a green card (permanent residence) based on the fact that you have

a permanent employment opportunity in the United States,
or if you are an employer that wants to sponsor someone for a green card based on

permanent employment in the United States, you must go through the following processes.

Unless you are eligible to petition for yourself most employment petitions require a job offer

and require that the employer petition for the worker. Most employers petition for an

employee use Petition for Alien Worker. For more information on how to petition for an

employee, Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
http://PhillipKimLaw.com/

Application Process

If You Are Living Outside the United States

You can become a permanent resident through consular processing when living outside the

United States. Consular processing is when works with the Department of State to issue a

visa on an approved petition when a visa is available. For more information on consular

processing, Contact: “Fresno Immigration Attorney Phillip Kim”
Fresno Immigration Attorney Phillip Kim

If You Are Living in the United States

You can become a permanent resident through adjustment of status when living inside the

United States. Once the Immigrant Petition for Alien Worker, is approved and a visa

number is available you can apply , Application to Register Permanent Residence or Adjust

Status, to become a permanent resident. For more information, Contact:
“Fresno Immigration Attorney Phillip Kim”
Fresno Immigration Attorney Phillip Kim

Supporting Evidence For Form I-485
You should submit the following evidence with your Form I-485:

◆ Evidence of inspection, admission or parole into the United States.
◆ If you have already been approved for an immigrant petition, submit a copy of the

approval notice sent to you
◆ Job offer letter from your employer
◆ Two color photos taken within 30 days, ◆Biographic Data Sheet (for applicants between

the ages of 14 and 79),
◆ Medical Examination (not required if you are applying based on continuous residence

since before 1972, or if you have had a medical exam based on a fiancé visa),
◆ Affidavit of Support (completed by the sponsor)
◆ This requirement will not apply to you if you are adjusting based on employment petition

unless you or a relative own a percentage of the employer company
◆ Any other evidence establishing eligibility

For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
http://PhillipKimLaw.com/

ByPhillip Kim

Are you eligible to apply for naturalization?

Before you apply for naturalization, you must meet a few requirements.
Depending on your situation, there are different requirements that may apply to you.
However, generally, an applicant for naturalization must:

• Be a lawful permanent resident (have a “green card”).
• Demonstrate continuous permanent residence in the United States for at least 5 years.
(In some cases, this may be 3 years if you are married to a U.S. citizen.)
• Show that you have been physically present in the United States for 30 months.
(In some cases, this may be 18 months if you are married to a U.S. citizen.)
• Show that you have lived for at least 3 months in the state or USCIS district where you claim residence.
Before applying for naturalization please keep in mind that if you have a parent that was a U.S. citizen, either by birth or naturalization, before you turned 18 years old, you may have a claim to citizenship.
These are general guidelines that do not apply to every applicant. For more information on these requirements, please visit :
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
http://PhillipKimLaw.com/

Do you support the principles and ideals of the U.S. Constitution and
are you willing to swear an oath to the United States?

You must be willing to support and defend the United States and its Constitution.
You declare your “attachment” or loyalty to the United States and the Constitution when you take the Oath of Allegiance at your naturalization ceremony.
You become a U.S. citizen after you take the Oath of Allegiance.

Are you a man between the ages of 18 and 26?

If you are a man between the ages of 18 and 26, you must register for the Selective Service and provide proof of your registration to USCIS. If you are 26 or older but under the age of 31, you must provide proof that you registered with the Selective Service when you were required to do so.
If you were required to register and did not, you must bring to your interview both a written statement explaining why you did not register and a letter from the Selective Service System indicating your status. For more information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
http://PhillipKimLaw.com/

Have you ever been married, divorced, widowed, or had your name legally changed?

If yes, bring a copy of your marriage certificate, your divorce or annulment decree, or the death certificate of your former spouse. If you changed your name through a court, bring a copy of the court decree that legally changed your name. Also, if your current spouse was married before, bring evidence of the termination of your spouse’s prior marriage(s). Failing to show proof of your current marital status or legal name may delay your case.

This fact sheet attempts to simplify the naturalization eligibility requirements and list of documents that can be asked for during the naturalization interview. This fact sheet references the most commonly used documents, but is not an all-inclusive list. A USCIS Officer may ask for additional information and documents
that are not included in this fact sheet. For additional information on applying for naturalization, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
http://PhillipKimLaw.com/

ByPhillip Kim

USCIS’ Role in the Visa Process by Immigration Attorney in Fresno

Citizenship and Immigration Services (USCIS) in the visa process, particularly USCIS

and Department of State (DOS) efforts to maximize visa issuance in accordance with

the law.

In recent years, over 1 million people became Lawful Permanent Residents of the

United States (LPRs). Under the law there are a variety of different categories and

means through which a person may become eligible for permanent residence. A

substantial number of these categories have numerical limitations – annual caps on

how many people can immigrate. There are other aspects to these caps as well,

such as limitations per country.

The Department of State administers the provisions of the Immigration and

Nationality Act (INA) that relate to the numerical limits on immigrant visa issuance.

However, DOS and USCIS must work closely in this respect because visas issued by

DOS and adjustment of status granted by USCIS draw down from the same pool of

limited numbers. Close and careful coordination ensures that annual limitations are

not exceeded, and also helps us jointly strive to use all available visa numbers when

there is sufficient demand.

In concert with DOS, USCIS has made significant changes in recent years to

maximize the use of the limited number of visas available annually. These changes

include increased staffing, enhanced analytical capacity, more detailed and strategic

management of monthly production, and close partnership with DOS to share greater

information. This enhanced information exchange assists DOS in better managing visa

allocations through the monthly visa bulletin and improves USCIS’ ability to target

production for maximum result.For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
http://PhillipKimLaw.com/

ByPhillip Kim

Green Card Eligibility by Immigration Attorney in Fresno

You may be eligible to apply for a green card (permanent residence) through your family, a job offer or employment, refugee or asylum status, or a number of other special provisions.
In some cases, you may even be able to self petition or have a record created for permanent residence on your behalf. In general, to meet the requirements for permanent residence in the United States,
you must:
Be eligible for one of the immigrant categories established in the Immigration and Nationality Act

(INA)
Have a qualifying immigrant petition filed and approved for you (with a few exceptions)
Have an immigrant visa immediately available
Be admissible to the United States
Each requirement is detailed below.

Eligibility for an Immigrant Category

Individuals who want to become immigrants (permanent residents) through their qualified family member,

a job offer or employment, or a special category will generally be classified in categories based on a preference system. Except for immediate relatives of a U.S. citizen who are given the highest

immigration priority and a few other exceptions, Congress has set a finite number of visas that can be used each year for each category of immigrants. The general categories are listed below. For more

specific information under each general category, see the links to the left.

Family Based

Some relatives of U.S. citizens, known as immediate relatives, do not have to wait for a visa to become

available. There is no limit to the number of visas that can be utilized in this category in a particular year. Immediate relatives include:For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
http://PhillipKimLaw.com/