Tag Archive Immigration Lawyer

ByStaff

Immediate Relative of a U.S. Citizen? How You can Apply for a Green Card

One of the most popular ways of becoming a U.S. citizen is through an immediate family member. When it comes to applying for a visa, immediate relatives are given top priority.

There are an unlimited number of visas available for family members. So, if you are an immediate relative of a U.S. citizen, you will not need to be waitlisted until a visa number becomes available. Usually, a visa should be available right away.

You are designated as an immediate relative if you are the spouse, child, or parent of a U.S. citizen. As a child, you must be under the age of 21 and unmarried. If you are applying as the parent, the U.S. citizen must be at least 21 years of age.

You may apply for a green card either while you are in the U.S. or while you are abroad.

If you are currently in the U.S., you can complete the application process in one step: you file an I-485 and your U.S. citizen relative petitions with Form I-130. This must be done at the same time. Filing forms can be complicated, and one mistake could result in a rejection of your request. It is recommended that you seek the assistance of an attorney who is specialized in immigration to help you file these forms.

Sometimes, the petitioner (the U.S. citizen you are related to) files the I-130 early. In this case, you can still file an I-485 as long as the petitioner’s request has not been rejected. When you receive a Notice of Action that tells you that the I-130 has been approved, you can submit from I-485. You will have to include a copy of the receipt or approval notice.

If you are not currently in the U.S., but are an immediate relative of a U.S. citizen, you have a different process to go through. First, the U.S. citizen must file form I-130 and it must be approved by USCIS. When USCIS approves of the petition, you must wait until they notify you that you are eligible to apply for a visa. When a visa is available, it will be issued to you. Once you have your visa, you can travel with it and you will become a U.S. permanent resident when you enter the U.S. If you fail to apply for a visa within one year after the Department of State has told you that you are eligible, your petition could be terminated. This entire process is known as consular processing.

Some conditions make it difficult for you to apply for a visa or green card through an immediate relative. In immigration, good timing makes all the difference. If you are applying as a child of a U.S. citizen, you must apply before you reach the age of 21. Once you pass that age, you will be moved into a different visa preference category that will make it more difficult to apply through a U.S. citizen parent. A visa may not be available to you immediately, and this will cause a delay in adjusting your status or processing your request for a green card. So, it’s important to begin the visa application process as early as possible.
On the same note, sometimes it is possible for a person to pass the age of 21 and still legally be called a “child”. Under the Child Status Protection Act, it is possible that USCIS will determine your age based on the date your parent files the I-130 for you. For example, if a parent files the form while the child is 20 years old, it may be possible to request that the child’s age be determined by that date.

Another factor that will make the immigration process lengthier and sometimes impossible is marriage. If you are under the age of 21, applying for a green card through a U.S. citizen parent, and married, then you no longer fall in the category of “immediate relative”. This means that your status will change from top priority for a visa to third priority, and a visa will not be available for you right away. It is important to keep USCIS updated on any change in your marital status after the I-130 has been filed and before you receive a visa or permanent status.

Finally, some situations we have come across specifically include:

A spouse has entered the U.S. with a different type of visa (sometimes a student visa or visitor’s visa)

The spouse of family member’s visa has expired and they are seeking a change in status or to apply for a green card through an immediate relative

Green card renewal – you can renew your green card whether it is expired or not. Past criminal convictions will affect your chances for obtaining a renewal.

If you have any questions about applying for a visa or green card through an immediate relative, please contact Immigration Attorney Phillip Kim.

ByImmigration News

Arrested? Tell Your Immigration Lawyer!

The intersection of criminal and immigration law is fraught with risk for foreign nationals, whether they are lawful permanent residents, nonimmigrants or completely without legal status.

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

How to Get Citizenship in Fresno Immigration Lawyer Attorney Fresno Greencard Attorney in Fresno

Immigration Law Offices of Phillip Kim, Inc.
8050 North Palm, Suite 300
Fresno, CA 93711
(559) 761-9742

You may file for a Certificate of Citizenship if you meet any one of the following requirements:

#1: You may file for a certificate of citizenship if all of the following actions occurred before your 18th birthday and prior to February 27, 2001: You regularly resided in the United States after admission as a lawful permanent resident (green card holder), and both of your parents, the parent having legal and physical custody of you, or your sole surviving parent naturalized as a U.S. citizen.

#2: If you are the natural born child of a U.S. citizen, you were born outside the United States and you are claiming citizenship by having been born to U.S. citizen parent(s), you automatically become a U.S. citizen at birth if: You were born to two U.S. citizen parents and at least one of your parents had a residence in the United States or one if its outlying possessions. This residence had to have taken place prior to your birth; or You were born to parents, one of whom is an alien and the other a U.S. citizen who, prior to your birth, had been physically present in the United States or one of its outlying possessions for a period or periods totaling not less than five years, at least two of which were after the age of 14 years.

#3: If you are the biological or adopted child of a U.S. citizen, you were born outside the United States, and you are claiming citizenship by action of law, you automatically become a U.S. citizen if: You have at least one parent who is a U.S. citizen, whether by birth or naturalization; and You regularly reside in the United States in the legal and physical custody of your U.S. citizen parent; and You have been lawfully admitted for permanent residence and You have not yet reached your 18th birthday; and You are a biological child, you were legitimate, or you were legitimated while in the legal custody of your legitimating parent(s) prior to reaching your 16th birthday; or You are a biological child born out of wedlock and you have not been legitimated and your mother naturalizes as a U.S. citizen.

#4: If you are now over the age of 18 years but all of the above conditions applied to you before your 18th birthday and you were under the age of 18 on February 27, 2001.

*** Please note that the list above is by no means complete. You may also qualify for citizenship in other circumstances depending on the specific facts of your case.

Immigration Law Offices of Phillip Kim, Inc.
8050 North Palm, Suite 300
Fresno, CA 93711
(559) 761-9742
For More Information, Please Call:

(559) 761-9742

https://phillipkimlaw.com/

ByPhillip Kim

How to Renew Green Card; Fresno Immigration Attorney Green Card Lawyer Citizenship Visa Deportation

How to Renew a Green Card:

Permanent Resident Card, commonly known as a green card, is evidence of your status as a permanent resident with a right to live and work permanently in the United States. It also is evidence of your registration in accordance with U.S. immigration laws. A green card is also called Form I-551.

When to Renew a Green Card
You should renew your green card if you are a permanent resident with a Form I-551 valid for 10 years and the card is either expired or will expire within the next 6 months.

How to Apply To Renew a Green Card
If you are a permanent resident whose 10-year Form I-551 has expired or will expire within the next 6 months, you may renew your green card.

How to Renew a Green Card If You Are Outside the United States
If you are outside the United States and your green card will expire within 6 months (but you will return within 1 year of your departure from the United States and before the card expires), you should file for your renewal card as soon as you return to the United States.

If you are outside of the United States when the card expires and you have not applied for the renewal card prior to your departure, you should contact the nearest U.S. Consulate, USCIS office, or U.S. port of entry.

If you need help on filing an application to renew your Green Card,
Please contact

Immigration Law Offices of Phillip Kim, Inc.
1320 E. Shaw Avenue, Suite 148
Fresno, CA 93710

Phone:
(559) 761-1040

Immigration 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.

Moreover, Immigration 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, Belgium, Greece, Australia, India, the Philippines, South Korea, China, Malaysia, Japan, Taiwan, Indonesia, Laos, Vietnam, Argentina, Brazil, Mexico, Honduras, Colombia, Nigeria, South Africa, Ghana, Kenya, Yemen, Iran, Egypt, Afghanistan, etc.

At the Law Offices of Phillip Kim, Inc. we are able to provide a personalized service that is structured to effectively achieve your goals.

ByPhillip Kim

4 Tips on How to Find Immigration Lawyer Fresno Green Card Attorney

Even with so many immigration attorneys in Fresno, the chances are that you do not have an attorney in your circle of friends and family members. Thus, hiring an lawyer could be a daunting experience especially under the time pressure of dealing with your legal issues in a timely manner. Considering that the outcome of many legal cases could differ depending on the lawyer you hire, choosing the right attorney is critical.

Here are a few tips on how to choose an immigration attorney.

1) First, ask around and get referrals. Ask your friends, family members, or neighbors whether they know any immigration attorneys. If they do, ask how satisfied they were with their attorneys’ work and how reasonable their legal fees were. The more information you have about the attorney, the easier you get to evaluate the attorney.

2) Second, interview several attorneys in person or on the phone. You do not need to have legal knowledge to understand what the attorney says about your case. In fact, the attorney should be able to explain to you without using much legalese. If you do not understand any of the legal terms the attorney uses, you should ask the attorney to explain the meaning in lay terms. You should be also very comfortable with the attorney you hire because you will frequently have an opportunity to speak with your attorney until your case is resolved. The attorney should be willing to spend enough time explaining your legal issues and answering your questions. After interviewing several attorneys, you will get an idea as to which attorney you feel most comfortable with. Then, trust your judgment or even instinct and go with your gut feelings.

3) Third, ask the attorney questions about his or her practice. Ask how familiar the attorney is with the type of case you have; or whether the attorney has handled cases similar to your case. If he has, ask what the outcomes of those cases were. Is the attorney explaining not only strong but also weak points of your case from a practical standpoint? Ask who will mainly handle your case. Some attorneys assign their work to their legal assistants without much supervision. You need to make sure that your attorney is the one who mainly handles your case and approves the final work product.

4) Fourth, are the attorney fees reasonable? Although there are no strict guidelines as to how much the attorney fees should be, the fees must be reasonable. If you interview several attorneys, you will get an idea as to how much the going rates are for your case in your geographic area. The fees should not be too high or too low, either. The attorney who is willing to take your case for very low fees might not spend much time on your case himself and rely too much on his legal assistants.

Professional Immigration Services in Fresno, California
PhillipKimLaw.com
Call to directly speak with an Immigration Attorney: (559)761-1040

ByPhillip Kim

H-1B Visa Attorney H1 work visa H1B Fresno Immigration Lawyer Green Card Visas Citizenship

H1B UPDATE 07/10/09:

The USCIS reports that it has received approximately 44,900 cap subject H1b applications and approximately 20,000 petitions qualifying for the US Masters degree exemption as of 7-10-09. The USCIS continues to accept applications in both categories.

You may still adjust your status to H-1B.

Immigration attorney in Fresno, CA:
Immigration Lawyer Fresno;
Green Card Attorney Fresno Lawyer;
Citizenship Lawyer Fresno Attorney;
Fiance Visa Lawyer Fresno;
Sponsor Wife Husband Fresno Lawyer;
Deportation Defense Attorney Fresno;
Cancellation of Removal Lawyer Fresno;

Please contact:

Immigration Law Offices of Phillip Kim, Inc.
1320 E. Shaw Avenue, Ste 148
Fresno, CA 93710

Phone:
(559) 761-1040

Affordable Immigration Services by Experienced Attorneys


(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.

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.

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

H-1 Work Visa H-1B Immigration Lawyer F-1 Change of Status Attorney Fresno

Q: What is an H-1B?
The H-1B is a nonimmigrant classification used by an alien who will be employed temporarily in a specialty occupation or as a fashion model of distinguished merit and ability.

Q: Is there an annual limit?
The current law limits to 65,000 the number of aliens who may be issued a visa or otherwise provided H-1B status in FY2004. (The numerical limitation was temporarily raised to 195,000 in FY2001, FY2002 and FY2003.)

Q: How can I apply?
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. (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-1B H-1 Visas or Change of Status, please contact us at
(559) 761-1040.
You will be able to speak DIRECTLY with an attorney.