Green Card by Investment Archives - Fresno Immigration Attorney

How to Get a Green Card with the Diversity Visa

Each year, the U.S. State Department makes 50,000 visas available to visa applicants from countries with low rates of immigration to foster diversity in the U.S. The Diversity Immigrant Visa recipients are chosen using a lottery system, which you can enter each year through the U.S. Department of State. If you receive a visa, you are also eligible to apply for a change of status to permanent resident with the USCIS. While the USCIS does not process applicants to the Diversity Immigrant Visa Program, you must file the correct USCIS forms to get a green card.

To be eligible to be a Diversity Visa recipient, you must have at least a high school diploma or equivalent. If you do not have a high school education, you should have at least 2 years of work experience in a field that requires at least 2 years of training. If you are eligible to apply for the Diversity Immigrant Visa Program, you can enter yourself in the lottery online during the allotted entry time. If the window for applying has closed, you must wait until the following year to apply for a DV visa.

Once you enter the Diversity Immigrant visa Program and your entrance has been confirmed, you should follow usual procedure for getting a visa. This will mean filing the necessary forms, paying correct filing fees, undergoing a medical examination and submitting the documents with the results, and undergoing an interview at the U.S. Consulate or USCIS office near you. You must also submit passport-style photographs of you, your spouse, and unmarried children 21 years old or younger.

If you have a DV visa, you can file for a change of status to permanent resident with U.S. Citizenship and Immigration Services. As long as there are not holds on your eligibility to be a permanent resident and you are admissible to the U.S., you can file your change of status as normal with the USCIS. You will need to provide proof of your acceptance to the DV program when changing your status.

ByPhillip Kim

How to Get a Green Card as a Relative of a U.S. Citizen

There are multiple ways to get a green card as a relative of a U.S. citizen. As the spouse, unmarried child, or parent of an adult citizen (over 21 years old) you qualify as an immediate relative. Green cards for immediate relatives are unlimited, so there is no waiting for a visa as an immediate family member. Receiving a green card will allow you to live and work in the U.S. as a permanent resident.

If you are already in the United States, to receive a green card, you will file need to file for permanent residence. Second, you will petition for your status as an immediate relative of a citizen. For immediate relatives of U.S., these two steps can be done at the same time or you can submit your petition and then file for residence.

If you are not yet living in the U.S., you must submit your petition for residence as a family member of a citizen first. After your petition is submitted, there is a waiting period for a visa to allow you to travel to the U.S. This process is the same for immediate and non-immediate family members of citizens.

Remember to keep in mind that your status as a child will most likely be counted from the date of your petition, and that to keep the status of child you must be 21 years old or younger. Also, children under 21 must be unmarried through the green card process in order to count as immediate relatives. If you are the married child of a U.S. citizen you do not count as an immediate relative, but can still petition for residence as a family member of a U.S. citizen.

ByPhillip Kim

Application For Naturalization, Citizenship, Immigration, immigration attorney, Immigration Lawyer, Naturalization, Naturalization Interview, Naturalization Test

Tips for Passing the Naturalization Test

Part of the process of becoming a U.S. citizen is passing the naturalization test which will be administered at your naturalization interview. You will be tested on the components English and Civics, although you may be eligible for an exemption or waiver. Be prepared to answer questions about your background and know your application front to back.

At your interview, you will be asked 10 questions out of the prepared list of 100 questions in English, and you must be able to answer six out of the 10 correctly to pass the civics portion of the test. You may be qualified to take the civics test in the language of your choice if you meet specific requirements.

The English part of the test incorporates reading, writing, and speaking. You must be able to write one out of the three sentences correctly, and the USCIS will determine your English proficiency based on your applications.

Repetition, interaction, and practice are keys to performing well on Civics and English. You will be given two chances to take the naturalization test and must be retested within 60 – 90 days of your first examination. To ensure success, it is important to familiarize yourself with the test and prepare with a qualified immigration attorney.

ByPhillip Kim

Will Democrats and Republicans Agree on Immigration Reform?

Both Democrats and Republicans agree that America needs a solution to the illegal immigration problem, but each party has a different opinion on the new immigration reform bill, a measure to eventually grant citizenship to the 11 million undocumented immigrants.

Democrats believe undocumented citizens should be able to obtain citizenship if, after ten years, they register, pay taxes, do not received government benefits, and have no severe criminal records. They agree that if illegal immigrants are able to fulfill those requirements, then their citizenship will not be considered amnesty.

Republicans stress the importance of one criterion—to tighten border security. They claim that we would not have such a serious immigration issue if we had enforced border security back when illegal immigrants were 3 million, much less than what we have today. Some say they cannot agree with the immigration reform bill proposed because although they claim border security will be bolstered, it may not be actually enforced.

Although both parties may not agree with each other’s points, they both agree that something needs to be done about illegal immigration now.

ByPhillip Kim

Permanent Residency, Permanent Resident

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.

ByPhillip Kim

Immigration With the Temporary Work Visa

The H-1B visa is for qualified workers wanting to enter the U.S. for a limited time in order to work. This visa is designed for migrants who already have a prospective employer in the U.S. who can file some necessary forms on the worker’s behalf. The H1-B program is only allotted 65,000 visas each year, so there is no guarantee that in any given year you will be granted an H-1B visa.

Before submitting the H-1B application, H-1B qualified occupations and H-1B3 fashion models must have the Labor Certification Application approved. Your prospective U.S. employer must file the LCA on your behalf with the U.S. Department of Labor. If you are granted certification, your employer can then file a petition for alien employee on your behalf. Both the certification and petition are necessary and mandatory for all H-1B1 and H-1B3 applicants. If you are being represented by an immigration attorney during your visa process, you must submit your consent to your lawyer’s interference. You will also need to include proper documentation of your identity, admissibility to the U.S., educational attainment, and relevant work experience necessary to your specific subcategory of the H-1B. Foreign language documents should include a full English translation to ensure proper review.

Alien workers applying to extend the time on their H-1B visa must reapply following the same guidelines.

ByPhillip Kim

Cancellation Of Removal, Deportation, Immigration, immigration attorney, Immigration Lawyer, Removal

Facing Deportation and Removal—What You Can Do

If you have violated immigration law, you may be subject to deportation or removal proceedings. For illegal U.S. residents who were removed just once, there is a 3 year period that you are barred from re-entering the U.S. For long periods of undocumented U.S. residence or multiple removal offenses, the period of time that you are not admissible to immigrate to the U.S. can grow to up to 20 years.

Immigrants may be detained (jailed) for violations of current immigration law. The minimum bail you will be facing if detained on an immigration hold is $1,500 although it could be more depending on any other criminal record. If you are living in an area participating in the Department of Homeland Security’s Secure Communities Program, immigrants with criminal histories may be deported.

If you are not yet in court proceedings for your removal with the Board of Immigration Appeals, you may have some particular options for avoiding deportation. Some applicants may be allowed to withdraw their application for permanent residence without the consequence of deportation.

Applicants facing deportation may also have the option of voluntarily departing the U.S. While voluntary departure does result in you leaving the U.S., immigrants who voluntarily depart are not subject to the periods of waiting before they can re-enter the U.S.

If you are currently in formal removal proceedings with the Department of Justice Board of Immigration Appeals (BIA) and/or Immigration and Customs Enforcement, you may have the option of having your deportation cancelled. If you have been a long-term resident of the U.S. and can demonstrate, using the proper U.S. Citizenship and Immigration Services waiver, that your deportation would cause your spouse or parents extreme hardship, your deportation may be cancelled. You may also need to file other waivers that support or assert your admissibility for residence in the U.S.

Refugees, Asylees, and battered spouses and children can be subject to removal proceedings for being in violation of immigration law. However, you cannot be deported while your application for asylum is pending. Refugees and asylees will not be deported. However, if your asylum is cancelled or suspended at any time, your removal proceedings may resume.

ByPhillip Kim

best lawyer, Citizenship, Fresno Attorney, Fresno Lawyer, immigration attorney, Immigration Lawyer, Naturalization, Permanent Resident

Getting U.S. Citizenship Through Naturalization

U.S. citizenship provides many rights, but also involves many responsibilities. Thus, the decision to become a U.S. citizen through naturalization is important. By becoming a U.S. citizen, you gain many rights that permanent residents or others do not have, including the right to vote. To be eligible for naturalization, you must first meet certain requirements set by U.S. law.

Requirements to be eligible for naturalization include being age 18 or older, being a permanent resident for a certain time period, having good moral character, having a basic knowledge of the U.S. government, having continuous residence in the U.S., and being able to communicate English (with some exceptions).

So when is it possible to apply for naturalization?

One may be able to apply for naturalization if he/she is at least 18 years of age and have been a permanent resident either for at least 5 years, at least 3 years (during which you have been in a marriage relationship with your U.S. citizen husband or wife), or have honorable service in the U.S. military. Certain spouses of U.S. citizens and/or members of the military may be able to file for naturalization sooner than noted above.

To learn more about the naturalization process and take the first step in applying for U.S. citizenship, contact attorney Phillip Kim for specialized help tailored to your needs.

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
https://phillipkimlaw.com/

ByPhillip Kim

Naturalization for Spouses of U.S. Citizens by Immigration Attorney in Fresno

In general, you may qualify for naturalization if you have been a permanent resident (green

card holder) for at least 3 years, have been living in marital union with the same U.S. citizen

spouse during such time, and meet all other eligibility requirements under this section.

In certain cases, spouses of U.S. citizens employed abroad may qualify for naturalization

regardless of their time as permanent residents.

General Eligibility Requirements

● Be 18 or older
● Be a permanent resident (green card holder) for at least 3 years
● Have been living in marital union with the U.S. citizen spouse, who has been a U.S.

citizen during all of such period, during the 3 years immediately preceding the date of filing

the application and up until examination on the application
● Have lived within the state, or US district with jurisdiction over the applicant’s place of

residence, for at least 3 months prior to the date of filing the application
● Have continuous residence in the United States as a lawful permanent resident for at

least 3 years immediately preceding the date of filing the application
● Reside continuously within the United States from the date of application for

naturalization until the time of naturalization
● Be physically present in the United States for at least 18 months out of the 3 years

immediately preceding the date of filing the application
● Be able to read, write, and speak English and have knowledge and an understanding of

U.S. history and government (civics)
● Be a person of good moral character, attached to the principles of the Constitution of

the United States, and well disposed to the good order and happiness of the United States

during all relevant periods under the law

Spouses of U.S. Citizens Employed Abroad

Generally, the spouse of a U.S. citizen who is employed by the U.S. government, including

the military, or other qualifying employer, whose spouse is stationed abroad in such

employment for at least 1 year, may be eligible for naturalization

In general, a spouse of a U.S. citizen employed abroad must be present in the United States

pursuant to a lawful admission for permanent residence at the time of examination on the

naturalization application and at the time of naturalization, and meet of all of the

requirements listed above except that:

● No specific period as a permanent resident (green card holder) is required (but the

spouse must be a permanent resident)
● No specific period of continuous residence or physical presence in the United States is

required
● No specific period of marital union is required; however, the spouses must be living in

marital union.

Note: You must also establish that you will depart abroad immediately after naturalization

and that you intend to reside in the United States immediately upon the termination of your

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

Fresno Immigration Attorney

Category Archive Green Card by Investment

How to Get a Green Card with the Diversity Visa

How to Get a Green Card as a Relative of a U.S. Citizen

Tips for Passing the Naturalization Test

Will Democrats and Republicans Agree on Immigration Reform?

How to Get a Green Card through a Job Offer

Immigration With the Temporary Work Visa

Facing Deportation and Removal—What You Can Do

Getting U.S. Citizenship Through Naturalization

Fiancé(e) Visas by Immigration Attorney in Fresno

Naturalization for Spouses of U.S. Citizens by Immigration Attorney in Fresno

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