Adjustment Of Status Archives - Fresno Immigration Attorney

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

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

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/

ByPhillip Kim

Adjustment Of Status, Asylee, Asylum, Consular Processing, Family Member, Green Card, Humanitarian Programs, Immigration, Job Offer, Main Categories, Permanent Residence, Permanent Resident Card, Permanent Residents, Petitions, Proof, Refugee, Several Different Ways, United States

Green Card (Permanent Residence)

A permanent resident is someone who has been granted authorization to live and work in the United States on a permanent basis. As proof of that status, a person is granted a permanent resident card, commonly called a “green card.” You can become a permanent resident several different ways. Most individuals are sponsored by a family member or employer in the United States. Other individuals may become permanent residents through refugee or asylee status or other humanitarian programs. In some cases, you may be eligible to file for yourself.

The steps to become a permanent resident are different for each category and will depend on if you are currently living inside or outside the United States. The main categories are listed below. More information is available in the links to the left.

Green Card Through Family
How to apply for permanent residence when a family member petitions for you·
Green Card Through a Job
How to apply for permanent residence based on a job offer or employment.
Green Card Through Refugee or Asylum Status
How to apply for permanent residence when you have been granted refugee or asylum status·
Other Ways to Get a Green Card
Learn about the many other ways that you may qualify for permanent residence
If you are unsure which immigration path best fits your particular situation, see the “Green Card Processes & Procedures” link to the left which includes:·

Green Card Eligibility
Learn who can apply for permanent residence
Adjustment of Status
Learn about the multi-step process for individuals inside the United States that want to get a green card
Consular Processing
Learn about the multi-step process for individuals outside the United States that want to get a green card

For More Information,
Please Call: (559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

Green Card Process and Permanent Resident Card Application Procedure

Immigrants in most categories will need an immigrant petition, Petition for Alien Relative, Form I-140, Immigrant Petition for Alien Worker, Petition for Amerasian, Widow(er), or Special Immigrant, or another petition) filed on their behalf.

A petition establishes the underlying basis for your ability to immigrate and determines your immigrant classification or category. Some categories of immigrants may be able to self-petition. Most people immigrating based on humanitarian programs are exempt from the petition requirement.

Some immigrant petitions can be filed at the same time as the adjustment application (Application to Register Permanent Residence or Adjust Status), known as “concurrent filing” while other categories of immigrants will be required to wait until they have an approved petition before being allowed to apply for adjustment of status or an immigrant visa. For more information about concurrent filing, Click HERE.

Visa Availability

A visa is always available for immediate relatives of U.S. citizens. If you are in a family or employment based preference category, visa availability is determined by:
Your priority date
The preference category you are immigrating under
The country the visa will be charged to (usually your country of citizenship)

The Department of State is the government agency that controls visa numbers. The annual limits for visa numbers are established by Congress and can be referenced in the Immigration and Nationality Act (INA).

First, a priority date will be assigned to you based on your immigrant petition filing date (the date that the petition is properly filed with the Gov.) or, in certain employment-based cases, the date the application for a labor certification was accepted by the Department of Labor. Your priority date holds your place in line for an immigrant visa.

This date, along with your country of nationality and preference category, determines if or how long a person will have to wait for a visa to be immediately available. When the officials are ready to approve an applicant for permanent residency in a visa category that has limited numbers, we must first request a visa number from the Department of State.

When a visa is available, you may file Application to Register Permanent Residence or Adjust Status (if you are in the United States) or apply for an immigrant visa abroad (consular processing). If you are consular processing, the Gov. will forward your approved petition to the Department of State’s National Visa Center who will contact you when your priority date is about to become current as to what your next steps are and when you may apply for an immigrant visa abroad.

For more information on determining visa availability or filing abroad, see the “Visa Availability & Priority Dates” and “Consular Processing” links to the left.

Admissibility to the United States

All persons applying for an immigrant visa or adjustment of status must prove to the satisfaction of immigration or consular officials that they are admissible (eligible for admission) to the United States.

There are many grounds of inadmissibility that could potentially cause someone to be ineligible to become a permanent resident. For instance, there are health-related, criminal, security-related, and other grounds the office must consider.

In some cases and in certain situations, if you are found inadmissible to the United States you may be eligible to file a waiver on Application for Waiver of Ground of Inadmissibility, (the form required for most immigrants) or Application By Refugee For Waiver of Grounds of Excludability (the form required for refugees and asylees) to excuse your inadmissibility.

The grounds of inadmissibility that are determined by the particular category under which you are immigrating. If you are ultimately found inadmissible to the United States, your adjustment of status application or immigrant visa application will be denied. Congress has set the grounds of inadmissibility and they may be referenced in Section 212 of the Immigration and Nationality Act.

After all paperwork has been received, interviews conducted (if necessary), security checks completed, and other eligibility requirements reviewed, your case will be ready for a decision by the Government.

For more information, CALL (559) 761-9742 or Click HERE.

ByPhillip Kim

Deportation Defense Lawyer Fresno Immigration Attorney Green Card

If you are not a US citizen, you could get deported under certain circumstances.

What are those circumstances?
Some of the most common grounds for deportation / removal from the U.S. include criminal convictions, status violations, unlawful presence, prohibited employment activity and unlawful entry (illegal immigration). If you are facing the possibility of deportation/removal, call a law firm with the knowledge and experience to defend against removal, arguing effectively on your behalf for:

Cancellation of removal
Adjustment of status
Asylum, Withholding of deportation, Torture under the Geneva Convention
Waivers

Law Offices of Phillip Kim, Inc. specializes in Deportation Defense and Cancellation of Removal.

If you are facing the possibility of deportation / removal, the lawyer you choose is very important. You want an experienced immigration law attorney who will fight for you.

If you or your loved one is in Deportation Proceedings, please contact us at (559) 761-1040.

Attorney Phillip Kim’s clientele has expanded to other states in the United States and to other countries such as Canada, New Zealand, Italy, Germany, France, Spain, Greece, Australia, India, the Philippines, South Korea, China, Malaysia, Japan, Taiwan, Indonesia, Laos, Vietnam, Argentina, Brazil, Mexico, Honduras, Colombia, Nigeria, South Africa, Ghana, Yemen, Iran, Egypt, Afghanistan, etc.

Attorney Phillip Kim represents his clients from the Central Valley, Southern California, and Northern California including Fresno County, Kings County, Kern County, Stanislaus County, Tulare County, Merced County, San Joaquin Valley County, Los Angeles County, and the San Francisco Bay area with cities such as Fresno, Clovis, Sanger, Merced, Tulare, Visalia, Modesto, Stockton, Hanford, Lemoore, San Jose, San Francisco, and San Diego.

ByPhillip Kim

How to Apply for H-1 Visas or Change Status to H-1B? Immigration Lawyer Fresno Attorney

Q: Whom can you work for?
H-1B aliens may only work for the petitioning U.S. employer and only in the H-1B activities described in the petition. The petitioning U.S. employer may place the H-1B worker on the worksite of another employer if all applicable rules (e.g., Department of Labor rules) are followed. H-1B aliens may work for more than one U.S. employer, but must have a Form I-129 petition approved by each employer.

Q: How long can you be on H-1B Status?
Under current law, an alien can be in H-1B status for a maximum period of six years at a time. After that time an alien must remain outside the United States for one year before another H-1B petition can be approved. Certain aliens working on Defense Department projects may remain in H-1B status for 10 years. In addition, certain aliens may obtain an extension of H-1B status beyond the 6-year maximum period.

Q: Can you immigrate permanently to the US?
Yes. An H-1B alien can be the beneficiary of an immigrant visa petition, apply for adjustment of status, or take other steps toward Lawful Permanent Resident status without affecting H-1B status. This is known as “dual intent” and has been recognized in the immigration law since passage of the Immigration Act of 1990. During the time that the application for LPR status is pending, an alien may travel on his or her H-1B visa rather than obtaining advance parole or requesting other advance permission from Immigration to return to the U.S.

Q: How can you apply for H-1 Visas or change status to H-1B?
H-1B status requires a sponsoring U.S. employer. The employer must file a labor condition application (LCA) with the Department of Labor attesting to several items, including payment of prevailing wages for the position, and the working conditions offered. The employer must then file the certified LCA with a Form I-129 petition plus accompanying fee of $130. (Prior to FY2004, employers were required to submit an additional $1,000 fee to sponsor the H-1B worker, unless specifically exempt.) Based on the USCIS petition approval, the alien may apply for the H-1B visa, admission, or a change of nonimmigrant status.

If you need legal assistance on H-1 H-1B, please contact us at
(559) 761-1040.
You will be able to DIRECTLY speak with an attorney.

Email

"My family member recommended Attorney Phillip Kim. My whole experience with Attorney Kim's office was pleasant. Attorney Kim was thorough in preparing my case and assured me answering all of my questions throughout the process. I got my Green Card in a little over 3 months from filing and the entire process took less than one year. I would definitely recommend Attorney Phillip Kim to anyone who wants to fix their immigration status." Gina & Edgar from the Central Valley

"Amazing service. Great communication. My case was approved a little over three months. I have been recommending Mr. Kim to my family and friends." Alexa & Abraham from the Central Valley

"I am a DENTIST busy managing two offices and hired Attorney Kim recently. Alex Denes, DDS, PhD. Mr. Phillip Kim is a very knowledgeable and efficient immigration attorney. I was extremely pleased on how he handled the immigration of my father-in-law. His office staff is courteous and always returned my calls and email inquiries in a timely fashion. His Fresno office is very clean and he has extremely good knowledge of the US immigration law. I felt very safe having him handle our case. I am confident that you will not benefit of the same level of professionalism elsewhere. I am a busy professional, dentist with 2 offices and time and efficiency matters more. All that said, I found his fees to be extremely reasonable relative to the kind of service that he provides. I congratulate him on his knowledge and dedication as well as I congratulate his office staff for their professionalism. Dr. Alex Denes, DDS, PhD."

“I am a REGISTERED NURSE and My father just went through very lengthy difficult deportation proceedings. We hired our first lawyer, who lost our case. That’s when we hired Attorney Kim, who appealed and took our case to San Francisco Immigration Court. He attended our hearings in Court and finally won our case. My father now has a Green Card. If you have a Deportation Case or are about to be deported, please call me. I will tell you how Attorney Kim helped my father with his Deportation case. My Cell # is (559) 802-7124.” – by Nalleli Medina, RN; Tulare, CA.

"I am an ENGINEER. Attorney Kim helped me and my wife realize our American dream of staying together in the US by getting my wife a Green Card. It took less than three months. Please call my cell. (559) 978-9497 or home at (559) 297-4040. I will tell you more about Attorney Kim's practice." - by Leo HISUGAN & Marites HISUGAN; Fresno, CA.

“My green card application was denied. Attorney Kim appealed for me and attended the interview with me. It was approved at the interview. Please call me if you want to ask me about Attorney Kim’s work. (209) 534-7112.” – by Molly Harrington; Los Angeles, CA"

“I am a REGISTERED NURSE. We got our Green Card approved in less than three months. Everything went very well smoothly. Thank You. We highly recommend Attorney Kim. Please call us at (559) 475-0155. We will tell you more about our experience with Attorney Kim’s firm.” – by Raul TABADA, RN and Family; Fresno, CA.

"Attorney Kim helped me and my wife realize our American dream of staying together in the US by getting my wife a Green Card. It took less than three months. Please call my cell. (559) 978-9497 or home at (559) 297-4040. I will tell you more about Attorney Kim's practice." - by Leo HISUGAN & Marites HISUGAN; Fresno, CA.

“We got our Green Card approved in less than three months. Everything went very well smoothly. Thank You. We highly recommend Attorney Kim. Please call us at (559) 475-0155. We will tell you more about our experience with Attorney Kim’s firm.” – by Raul TABADA and Family; Fresno, CA.

“I hired two other lawyers before Mr. Kim. They could not do it. It was denied. Finally, my third attorney, Mr. Kim helped me to get my green card even after my husband died. Please call me at (559) 283-5636. (ask for Reagan). We will tell you more about how Mr. Kim helped us.” – by Sochinda Nguon & Reagan; Fresno, CA"

Fresno Immigration Attorney

Tag Archive Adjustment Of Status

Green Card Through Family by Immigration Attorney in Fresno

Green Card through a Job Offer by Immigration Attorney in Fresno

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

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

Green Card (Permanent Residence)

Green Card Process and Permanent Resident Card Application Procedure

Deportation Defense Lawyer Fresno Immigration Attorney Green Card

How to Apply for H-1 Visas or Change Status to H-1B? Immigration Lawyer Fresno Attorney

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