Category Archive Deportation Defense Lawyer in Fresno Immigration Attorney Green Card

ByPhillip Kim

Permanent Workers by Immigration Attorney in Fresno

Approximately 140,000 immigrant visas are available each fiscal year for aliens (and their spouses and children) who seek to immigrate based on their job skills. If you have the right combination of skills, education, and/or work experience and are otherwise eligible, you may be able to live permanently in the United States.
The five employment-based immigrant visa preferences (categories) are listed below.

Labor Certification

Some immigrant visa preferences require you to already have a job offer from a U.S. employer. This employer will be considered your sponsor. For some visa categories, before the U.S. employer can submit an immigration petition to USCIS, the employer must obtain an approved labor certification from the U.S.

Department of Labor (DOL). The DOL labor certification verifies the following:

● There are insufficient available, qualified, and willing U.S. workers to fill the position being offered at the prevailing wage
● Hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers
For more information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

Permanent Worker Visa Preference Categories

● First Preference EB-1
This preference is reserved for persons of extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors or researchers; and multinational executives and managers. /Labor Certification Required? No

● Second Preference EB-2
This preference is reserved for persons who are members of the professions holding advanced degrees or for persons with exceptional ability in the arts, sciences, or business.
/Labor Certification Required?
Yes, unless applicant can obtain a national interest waiver (See the “Labor Certification” link to the right for more waiver information.)

● Third Preference EB-3
This preference is reserved for professionals, skilled workers, and other workers. (See Third Preference EB-3 link on left for further definition of these job classifications.)/Labor Certification Required?
Yes

● Fourth Preference EB-4
This preference is reserved for “special immigrants,” which includes certain religious workers, employees of U.S. foreign service posts, retired employees of international organizations, alien minors who are wards of courts in the United States, and other classes of aliens. /Labor Certification Required? No

● Fifth Preference EB-5
This preference is reserved for business investors who invest $1 million or $500,000 (if the investment is made in a targeted employment area) in a new commercial enterprise that employs at least 10 full-time U.S. workers. /Labor Certification Required? No

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

ByPhillip Kim

Extend Your Stay by Immigration Attorney in Fresno

If you want to extend your stay in the United States, you must file a request with U.S.

Citizenship and Immigration Services . Application to Extend/Change Nonimmigrant

Status before your authorized stay expires. If you remain in the United States longer

than authorized, you may be barred from returning and/or you may be removed

(deported) from the United States. Check the date. Arrival-Departure Record, to

determine the date your authorized stay expires. We recommend that you apply to

extend your stay at least 45 days before your authorized stay expires.

You may apply to extend your stay if:

◆ You were lawfully admitted into the United States with a nonimmigrant visa
◆ Your nonimmigrant visa status remains valid
◆ You have not committed any crimes that make you ineligible for a visa
◆ You have not violated the conditions of your admission
◆ Your passport is valid and will remain valid for the duration of your stay

You may not apply to extend your stay if you were admitted to the United States in the

following categories:

◆ Visa Waiver Program
◆ Crew member (D nonimmigrant visa)
◆ In transit through the United States (C nonimmigrant visa)
◆ In transit through the United States without a visa (TWOV)
◆ Fiancé of a U.S. citizen or dependent of a fiancé (K nonimmigrant visa)
◆ Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant

visa)

For information on how to apply, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

Citizenship

The United States has a long history of welcoming immigrants from all parts of the world.

America values the contributions of immigrants who continue to enrich this country and

preserve its legacy as a land of freedom and opportunity.

Deciding to become a U.S. citizen is one of the most important decisions in an individual

’s life. If you decide to apply to become a U.S. citizen, you will be showing your

commitment to the United States and your loyalty to its Constitution. In return, you are

rewarded with all the rights and privileges that are part of U.S. citizenship.

You may become a U.S. citizen either at birth or after birth. Individuals who are born in

the United States and subject to the jurisdiction of the United States and individuals

born in certain territories or outlying possessions of the United States are citizens at

birth. Also, individuals born outside the United States may be citizens at birth if their

parent or parents were citizens at the time of birth and other requirements are met.

Additionally, you may become a U.S. citizen after birth either through your parents,

known as “derived” or “acquired” citizenship, or by applying for naturalization on your

own.

Citizenship Through Naturalization
Generally, permanent residents (green card holders) age 18 or older who meet all

eligibility requirements for naturalization. Application for Naturalization. For more

information, see the “Citizenship ” link to the top.

Citizenship Through Parents
If eligible, you can “acquire” or “derive” U.S. citizenship through a qualifying U.S. citizen

parent(s). For more information, see the “Citizenship ” link to the top.

The Naturalization Test
Most naturalization applicants are required to take a test on English, and U.S. history and

government. We provide resources to help you prepare. For more information, Please

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

Citizenship for Military Members and Dependents
Members and veterans of the U.S. armed forces and their dependents may be eligible for

special naturalization provisions. See the “Greencards” link to the top.
For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://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
https://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
https://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
https://phillipkimlaw.com/

ByPhillip Kim

Visit the U.S. by Immigration Attorney in Fresno

There are two types of nonimmigrant visas available for people
who want to visit the United States.

Visitor for business (B-1)
Visitor for pleasure (B-2)
The B-1 visa is for individuals who wish to visit the United States
temporarily for business purposes, (e.g. conferences)
or for medical treatment,
or to accompany a family member who is requires medical treatment.

The B-2 visa is for individuals who wish to visit the United States temporarily
or to visit family or friends.

If you are planning to visit the United States,
you should be prepared to demonstrate the following:

Your visit will be temporary
You will depart at the end of your authorized stay or any extension granted
You are in possession of a valid passport
You maintain a foreign residence that you have no intention of abandoning
You are able to support yourself financially while in the United States
You are admissible to the United States or have obtained a waiver for any ground of inadmissibility.
For more information on this topic, Please Contact:
Fresno Immigration Attorney

Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

Generally, if you want to visit the United States
you must first obtain a nonimmigrant visitor visa.
Travelers from certain countries may be exempt from this requirement.
For more information about visa requirements and procedures, Please Contact:

Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

If you want to travel to the United States for reasons other than business or pleasure, you must apply

for a visa in the appropriate category. This includes if you want to study, work as a crew member or

journalist, etc., You can get help determining which visa you need by selecting the appropriate

categories in the “Where to Start” menu on our home page

Passing through a U.S. Port of Entry

You should be aware that a visa does not guarantee admission into the United States. may deny your

admission, and also limit the period of time you are authorized to remain in the United States.
For more information about the requirements for visiting
the United States, For More Information,
Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

To Reapply for Admission into the U.S After Deportation by Immigration Attorney in Fresno.

Purpose of Form :
For persons who wish to enter the United States legally after being deported, being removed or

having voluntarily departed the United States without an order of deportation to reapply for

admission to the United States, if they meet certain qualifications.

If you are abroad, and intend to apply for an immigrant visa, submit this form to the Local Office in

which your deportation proceedings were held. If you are concurrently applying for a waiver of

grounds of excludability, file this application with the American Consul with whom you are filing your

application for waiver.

If you are abroad and intend to apply for a nonimmigrant visa or border crossing card, submit this

application to the American Consul with whom you submit your visa or crossing card application, if

instructed to do so by the Consul.

If you are at a U.S. port of entry, applying for admission to the United States, submit this application

to the Local Office having jurisdiction over that port.

If you are in the United States and will file an application for waiver with an American consul, file

this application and the waiver application with the American consul.

If you are in the United States and are applying for adjustment of status or are seeking advance

permission to reapply prior to your departure from the U.S., submit the application to the Local

Office having jurisdiction over the place where you reside. For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

Citizenship Through Naturalization by Immigration Attorney in Fresno

Naturalization is the process by which U.S. citizenship is granted to a foreign citizen or national after he or she fulfills the requirements
established by Congress in the Immigration and Nationality Act (INA).

In most cases, an applicant for naturalization must be a permanent
resident (green card holder) before filing. Except for certain U.S. military members and their dependents, naturalization can only be granted in the United States.

You May Qualify for Naturalization if:

You have been a permanent resident for at least 5 years and meet all other eligibility requirements.
You have been a permanent resident for 3 years or more and meet all eligibility requirements to file as a spouse of a U.S. citizen.
You have qualifying service in the U.S. armed forces and meet all other eligibility requirements.
Your child may qualify for naturalization if you are a U.S. citizen, the child was born outside the U.S., the child is currently residing outside the U.S., and all other eligibility requirements are met.

How to Apply for Naturalization Prepare for taking the naturalization test before you apply. We have educational materials and resources to help you prepare.

Note: You may already be a U.S. citizen and not need to apply for
naturalization if your biological or adoptive parent(s) became a U.S.
citizen before you reached the age of 18. For More Information,
Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://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
https://phillipkimlaw.com/