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Immigration Law

U.S. immigration law is very complex, and there is much confusion as to how it works!

If the immigration system isn’t working for you, we are here to help. Our friendly, knowledgeable, and highly experienced network of immigration attorneys will explain exactly how the system really works, diligently research your issues, and develop a strategy to help enforce your rights and meet a more favorable outcome with the system.

How To Achieve Permanent Residency

Lawful permanent residency allows a foreign national to work and live lawfully and permanently in the United States. Lawful permanent residents (LPRs) are eligible to apply for nearly all jobs (i.e., jobs not legitimately restricted to U.S. citizens) and can remain in the country even if they are unemployed. Each year the United States also admits non-citizens on a temporary basis. Annually, Congress and the President determine a separate number for refugee admissions.

Immigration to the United States is based upon the following principles: the reunification of families, admitting immigrants with skills that are valuable to the U.S. economy, protecting refugees, and promoting diversity.

Following is some basic information about how the U.S. legal immigration system is designed:

• Family-Based Immigration – The family-based immigration category allows U.S. citizens and LPRs to bring certain family members to the United States. Family-based immigrants are admitted either as immediate relatives of U.S. citizens or through the family preference system.

Prospective immigrants under the immediate relatives’ category must meet standard eligibility criteria, and petitioners must meet certain age and financial requirements

• Employment-Based Immigration – The United States provides various ways for immigrants with valuable skills to come to the country on either a permanent or a temporary basis.

Some types of employment based immigration include Temporary Visa Classifications (Over 20!) and Permanent Immigration

• Per-Country Ceilings – In addition to the numerical limits placed upon the various immigration preferences, the INA also places a limit on how many immigrants can come to the United States from any one country. Currently, no group of permanent immigrants (family-based and employment-based) from a single country can exceed seven percent of the total amount of people immigrating to the United States in a single fiscal year. This is not a quota to ensure that certain nationalities make up seven percent of immigrants, but rather a limit that is set to prevent any immigrant group from dominating immigration patterns to the United States.

• Refugees and Asylees – Protection of Refugees, Asylees, and other Vulnerable Populations
There are several categories of legal admission available to people who are fleeing persecution or are unable to return to their homeland due to life-threatening or extraordinary conditions.

• The Diversity Visa Program – The Diversity Visa lottery was created by the Immigration Act of 1990 as a dedicated channel for immigrants from countries with low rates of immigration to the United States.

• Humanitarian Relief – Temporary Protected Status (TPS) is granted to people who are in the United States but cannot return to their home country because of “natural disaster,” “extraordinary temporary conditions,” or “ongoing armed conflict.” Deferred Enforced Departure (DED) provides protection from deportation for individuals whose home countries are unstable, therefore making return dangerous. Certain individuals may be allowed to enter the U.S. through parole, even though they may not meet the definition of a refugee and may not be eligible to immigrate through other channels.

• U.S. Citizenship – In order to qualify for U.S. citizenship through naturalization, an individual must have had LPR status (a green card) for at least five years (or three years if he or she obtained the green card through a U.S.-citizen spouse or through the Violence Against Women Act, VAWA).

Need Help Protecting Your Immigration Rights?

If you need help with deportation, waivers, visa, or other immigration needs, contact us today by phone or this website for your free strategy session.

From the moment you contact us, we endeavor to earn your trust while aiming to help you achieve solidarity and justice.

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