Tag Archive Immigrant Petition

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

Information for Employers and Employees by Immigration Attorney in Fresno

Employers must verify that an individual whom they plan to employ or continue to

employ in the United States is authorized to accept employment in the United States.

For more information about the employment authorization verification process, Please

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

As an employer, you may require the services of a foreign national to work at your

company or business. If the individual is already a permanent resident (green card

holder), you may hire that individual, but you must comply with the employment

verification requirements.

If the alien is not already a permanent resident, you will need to file a petition so that

the individual may obtain the appropriate immigrant or nonimmigrant classification. You

may chose to file an immigrant petition (permanent) or a nonimmigrant petition

(temporary) on behalf of that employee. Fresno Immigration Attorney Phillip Kim
provide information on how to petition and the different eligibility categories.

Employees

No alien may accept employment in the United States unless they have been authorized

to do so. Some aliens, such as those who have been admitted as permanent residents,

granted asylum or refugee status, or admitted in work-related nonimmigrant

classifications, may have employment authorization as a direct result of their immigration

status. Other aliens may need to apply individually for employment authorization.

There are many ways in which a person may be able to work in the United States. You

may seek an immigration classification that permits you to live and work in the United

States permanently or temporarily. In most instances, your employer or potential

employer must petition for you. You will find more information about coming to the

United States to work temporarily or permanently and the many different eligibility

categories for working in the United States.
For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://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
https://phillipkimlaw.com/

ByImmigration News

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ByPhillip Kim

How to Apply for a K-1 Fiance Visa Immigration Attorney Fresno Green Card Lawyer

Spouse and Fiance(e) of an American Citizen

Spouse – If you are an American citizen you have two ways to bring your foreign spouse (husband or wife) to the United States to live. They are

Immigrant visa for a Spouse of a U.S. Citizen – An immigrant Petition for Alien Relative is required.

Nonimmigrant visa for spouse (K-3) – It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case. Two petitions are required:

Petition for Alien Relative and
Petition for Alien Fiancé (e)

Fiancé(e) – If you are an American citizen, you may bring your fiancé(e) to the United States to marry; and live here.

Nonimmigrant visa for fiancé(e) (K-1)- To travel to the United States for marriage. fiancé(e) petition is required.

For More information, Please contact

Immigration Law Offices of Phillip Kim, Inc.
8050 North Palm, Suite 300 (Palm & Nees)
Fresno, CA 93711

Phone:
(559) 761-9742

https://phillipkimlaw.com/

ByPhillip Kim

How to Apply for a K-1 Fiance Visa in Fresno Immigration Attorney Fresno Green Card Lawyer

Spouse and Fiance(e) of an American Citizen

Spouse – If you are an American citizen you have two ways to bring your foreign spouse (husband or wife) to the United States to live. They are

Immigrant visa for a Spouse of a U.S. Citizen – An immigrant Petition for Alien Relative is required.

Nonimmigrant visa for spouse (K-3) – It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case. Two petitions are required:

Petition for Alien Relative and
Petition for Alien Fiancé (e)

Fiancé(e) – If you are an American citizen, you may bring your fiancé(e) to the United States to marry; and live here.

Nonimmigrant visa for fiancé(e) (K-1)- To travel to the United States for marriage. fiancé(e) petition is required.

For More information, Please contact

Immigration Law Offices of Phillip Kim, Inc.
8050 North Palm, Suite 300 (Palm & Nees)
Fresno, CA 93711

Phone:
(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

Green Card Attorney Fresno California Citizenship Visa Lawyer

Green Card Eligibility

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:
Parents of a U.S. citizen
Spouses of a U.S. citizen
Unmarried children under the age of 21 of a U.S. citizen

Note: U.S. citizens must be at least 21 years old to apply for their parents

The qualified relatives of a U.S. citizen or permanent resident in the remaining family-based categories may have to wait for a visa to become available before they can apply for permanent residency. These categories include:
First Preference: Unmarried, adult (21 years of age or older) sons and daughters of U.S. citizens
Second Preference A: Spouses of permanent residents and the unmarried children (under the age of 21)) of permanent residents
Second Preference B: Unmarried sons and daughters (21 years or age or older) of permanent residents
Third Preference: Married sons and daughters of U.S. citizens, their spouses and their minor children
Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their minor children

For more information on green card eligibility through a family member, CALL (559) 761-9742 or Click HERE.

ByPhillip Kim

There are many different ways to obtain a green card. This article summarizes the green card process in a nutshell. If you need more information on a particular way of getting a green card, please click on “sitemap” below.

If you would like to become a lawful permanent resident in the United States, you must file the following items with the U.S. Citizenship and Immigration Services:

Application to Register Permanent Residence or Adjust Status

Biographic Data Sheet (Between the ages of 14 and 79)

Medical Examination Sheet (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)

Two color photos taken within 30 days (Please see USCIS Form I-485 for more instructions on photos.)

Affidavit of Support (completed by the sponsor). (This requirement may not apply to you if you are adjusting to permanent resident status based on an employment petition.)

In addition:

If you have already been approved for an immigrant petition , you must submit a copy of the approval notice sent to you by the USCIS.

If someone else is or has filed a petition for you that, if approved, will make an immigrant number immediately available to you, you must submit a copy of the completed petition that is being filed for you. Such applications include only immediate relative, special immigrant juvenile or special immigrant military petitions.

If you were admitted into the United States as a fiancé of a U.S. citizen and married that citizen within the required 90 days, you must submit a copy of the fiancé petition approval notice and a copy of your marriage certificate.

If you are an asylee or refugee, you must submit a copy of the letter or Form I-94 (Arrival-Departure Record) that shows the date you were granted asylum or refuge in the United States.

If your parent became a lawful permanent resident after you were born, you must submit evidence that your parent has been or will be granted permanent residence. You must also submit a copy of your birth certificate, and proof of your relationship with your parent.

For more information:
(559) 761-1040

If you would like to hire an attorney for reasonable and affordable fees, please call to speak DIRECTLY with an attorney:

Immigration Law Offices of Phillip Kim, Inc.
www.PhillipKimLaw.com
(559)761-1040

To find out the attorney’s legal FEES, go to:
www.PhillipKimLaw.com and click on “legal FEES”.

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.