Family Base Petitions, Fiancé Visa and Citizenship
Careful – Experienced – Affordable
Seeking an Adjustment of Status (AOS), also known as “obtaining a green card”, is a process that attorney Mark McClure is passionate about. Our office believes to the very core that this country was built, is being built by immigrants. Immigrants are amazing people that are here to create a better future for themselves and their kids.
We want you to know that you and your family’s contributions are appreciated and that there may be a legal path for you and your loved ones to remain or to come legally to the United States through an adjustment of status or a Consular Process.
Our firm helps people obtain their lawful permanent residence LPR status. If you require the services of an immigration lawyer, please know that the consultation is completely free. We understand that the process to become an LPR can be difficult, confusing and some people don’t’ have the resources to pay for a consultation with an immigration attorney to see if they qualify. That’s why we offer a free consultation.
If obtaining a Green Card is your goal. We help by educating and informing people on how to complete that goal. We are up-today with the ongoing changes on the immigration laws made by our current administration. Knowledge is power and it is necessary for you to understand the process and steps necessary for you, or your family needs to have a positive outcome during the process. If you ever have questions, you can always simply pick up the phone and call us.
Frequent Immigration Questions
What are the Benefits of Been a Lawful Permanent Resident (LPR)?
- It authorizes you to live and work in the United States indefinitely.
NOTE: In order to live permanently in the United States you must not commit any actions that would make you removable (deportable) under the immigration law (section 237, Immigration and Nationality Act). - To be employed in the United States at any legal work of your qualification and choosing. Some exceptions may apply to the jobs limited to U.S. citizens due to security concerns.
- To have the protection of the laws of the United States, your state of residence and local jurisdictions.
What is a Family Based Petition?
A process used to stablish a qualifying relationship with certain family members in order for them to come to the United States with an immigrant visa or to adjust their status in the U.S.
Can I Adjust My Status from My Home Country?
You can adjust from your home country, but it is a different process. Processing from your home country is called “consular process”. If you have previously traveled to the United States without obtaining a visa or entered without inspection you will likely be required to file a waiver.
If I Am Already in the US, Do I Have to Have Entered the US Legally?
For adjustment of status within the United States, the short answer is yes. Eligibility for adjustment of status requires that your entry must have been lawful. There are exceptions and waivers which you can read below.
If I Am Already in the US, Do I Have to Have Entered the US Legally?
For adjustment of status within the United States, the short answer is yes. Eligibility for adjustment of status requires that your entry must have been lawful. There are exceptions and waivers which you can read below.
How Long Does the Process Take?
With the new administration the process can take anywhere from six months to a year, sometimes longer.
When Will My Biometrics (Fingerprints) Appointment Be?
An appointment for Biometrics, where you will give your fingerprints, is usually scheduled three months after you submit the initial application.
When do I do My Interview?
Interviewing is taking longer. Presently the government is scheduling an interview 6 to 9 months after submitting initial application.
Can I Leave to My Home Country After I Apply?
No. It is risky to leave the United States while your application is pending. Don’t do it.
Does this Process Lead to a “Green Card?”
Yes. If your interview goes well, you should have your “Green Card” in 30 days.
Once I go Through this Process can I Petition for My Family Members?
Yes, as long as they qualify. We recommend that you contact us as this area of law can get complicated.
How Much are the Fees?
Because of the changing challenges thrown at immigrants and their attorneys, the fees will vary depending on the complexity of your challenges. Call us today to schedule your meeting with an attorney and get a free quote.
When can I Start Working?
You can apply for a work permit throughout the process. We have recently seen delays regarding approval, however. It is not uncommon for the “Green Card” to arrive prior to the work permit. It is your decision whether or not you want to file for a work permit through I-140.
What are the Eligibility Requirements for a Family Based Petition?
The applicant must have been:
- Inspected and admitted into the United States; or
- Inspected and paroled into the United States.
- The applicant must properly file an adjustment of status application.
- The applicant must be physically present in the United States.
- The applicant must be eligible to receive an immigrant visa.
- An immigrant visa must be immediately available when the applicant files the adjustment of status application and at the time of final adjudication.
- The applicant must be admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief.
- The applicant merits the favorable exercise of discretion.
What do I Need in Order to Properly File an Adjustment of Status Application?
A foreign national must file an Application to Register Permanent Residence or Adjust Status (Form I-485) in accordance with the form instructions. The adjustment application must be properly signed and accompanied by the appropriate fee. The application must be filed at the correct filing location, as specified in the form instructions.
Can My Application be Rejected?
Yes. USCIS rejects adjustment applications if the application is:
- Filed at an incorrect location
- Not filed with the correct fee, unless granted a fee waiver
- Not properly signed or filed when an immigrant visa is unavailable
Green Card Overview
Adjustment of Status process, or “AOS,” is the process that allows eligible people to apply for lawful immigration status in the United States. Upon successful completion of the process the person will receive lawful permanent residence status. They become a green card holder.
If you wish to apply through the AOS process to get a green card, we have some important information and tips we would like to share with you. Unfortunately, there is a great deal of misinformation about Adjustment of Status and we hope to help you better understand your options.
Qualifications for Green Cards
You must meet a number of specific factors to seek Adjustment of Status. You may be eligible for other processes.
To qualify for Adjustment of Status, you must have entered the U.S. legally. Entering legally means you had some sort of visa that gave you permission to enter the United States. You must be able to prove that you entered legally, which can be done by providing a copy of your visa.
245(i): 245(i) is a special section of immigration law that allows certain people to apply for a green card in the United States even though they did not enter the country legally. To qualify under section 245(i), you must be the beneficiary of a petition that has a priority date on or before April 30, 2001. 245(i) protection can be obtained either through an I-130 family petition, or an I-140 petition for labor certification. If you qualify for 245(i), there is an additional $1000 “penalty” fee that you must pay at the time of applying for your green card.
Qualification 1: Records – You have to have a clean criminal and immigration record. You can’t have any prior deportation orders or a criminal history that would otherwise prevent you from being admissible. If you came with a visa, you may only apply for Adjustment of Status in the United States if you have one or less period of times you have overstayed your allowed stay in the United States. You cannot apply for Adjustment of Status if you have over-stayed the visas two or more times.
Qualification 2: – Petitioner – An immediate relative can petition for you. Eligible “immediate relatives” include: a U.S. citizen spouse, a U.S. citizen child who is at least 21 years old or older, and U.S. citizen parent whose child is under the age of 21.
Qualification 3: – Present in the USA – You must be physically present in the United States. You also cannot leave the United States while your application is pending without first seeking permission from United States Citizenship and Immigration Services. Even then, we do not recommend it.
Qualification 4: – Medical Exam – A medical examination must be completed and sent in with your application for Adjustment of Status. The medical examination must be completed by a doctor who has been authorized by United States Citizenship and Immigration Services to perform the exam. The medical exam verifies that you have all of your required vaccinations and that you don’t have any serious, contagious diseases that could get others sick. The doctors do charge for completing the medical exam and their rates vary.
Qualification 5: – Economic Capacity – The person petitioning for you must be able to prove that they earn sufficient money to support his or her household. For this requirement to be met your petitioning family member must provide his or her tax returns for the last 3 years and proof of employment. The government requires this information to make sure that when you get your green card, you won’t need to depend on government assistance, like food stamps and welfare. If the petitioner does not make enough income or is not working, a co-sponsor with sufficient income capacity will be needed.
Documents
Step One – Gather the required documents
Documents must be gathered to show that you meet the requirements. This means you must gather documents including your proof of legal entry or 245(i) protection, your completed medical exam, proof of your relationship with the petitioner, your petitioner’s taxes, and co-sponsor documents if needed.
Step Two – Mail applications and supporting documents to United States Citizenship and Immigration Services (“USCIS”).
You are also eligible to apply for a work permit with your application for your green card. The work permit gives you permission to work in the United States while your application for your green card is still being reviewed by USCIS.
After the 6-9 month processing time is done and USCIS has completed the review of your application, you will either receive your approval notice by mail or receive an interview notice from USCIS. Interviews are always required when your petitioner is your spouse. The Immigration Officer will ask questions to confirm that the relationship between you and your petitioner is valid. He or she will also ask you questions about your immigration and criminal history to make sure you qualify for a green card.
Do Not Apply If
There are certain situations that may make you ineligible adjustment of status in the United States. Don’t file for adjustment of status if:
- You have entered the U.S. illegally and don’t have 245(i) protection
- You have used forged or fake documents to enter the United States
- You lied to get your visa to allow you to enter the United States
- You have sold, smuggled, or trafficked drugs
- You aided or helped anyone else enter the United States illegally
- You have claimed to be a U.S. citizen when you were not
EVERY CASE IS DIFFERENT. A CONSULTATION IS CRUCIAL TO SEE WHAT YOUR OPTIONS ARE
PLEASE CALL US TODAY AND SCHEDULE YOUR FREE APPOINTMENT. THE INFORMATION YOU SHARE WITH US IS CONFIDENTIAL
Fiancé (E)-Visa
The first step for this process is to file a Form I-129 F (Petition for an Alien Fiancé (e)). After the process is completed you’ll obtain a K-1 Fiancé visa for your Fiancé. This visa (K-1) is available to fiancés of U.S. citizens who are living outside the U.S. and intent to get married within 90 days of arriving in the U.S.
Your marriage must be valid, meaning both you and your fiancé have a bona fide intent to establish a life together and the marriage is not for the sole purpose of obtaining an immigration benefit. If such marriage takes place within the 90 days of being admitted in the U.S. with a K-1 visa, he or she may apply for lawful permanent resident status in the United States (a Green Card).
We know how important this process is for you and your loved one. We are committed to obtain the best results possible for all our clients.
Citizenship
Before we submit an N-400 application to become a U.S. citizen we’ll ensure that you meet all the current eligibility requirements. If you don’t, we’ll see what legal options are available for you. We are proud to be a part of one of the most important events in your life.
Eligibility Requirements
- Be at least 18 years old at the time of filing Form N-400, Application for Naturalization.
- Be a permanent resident (have a “Green Card”) for at least 5 years.
- Show that you have lived for at least 3 months in the state or USCIS district where you apply.
- Demonstrate continuous residence in the United States for at least 5 years immediately preceding the date of filing Form N-400.
- Show that you have been physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing Form N-400.
- Be able to read, write, and speak basic English.
- Have a basic understanding of U.S. history and government (civics).
- Be a person of good moral character.
- Demonstrate an attachment to the principles and ideals of the U.S. Constitution.
Becoming Naturalized Provides You with the Following Benefits
- Have the right to vote in state and national elections.
- Run for Office
- Being eligible for federal employment benefits
- Visit your home country and you family for long periods of time
- Avoid deportation
- Benefit for US tax laws
- Become a US passport holder
- Bring a family member to the US
Responsibilities
- Participate in the democratic process
- Respect others’ rights
- Defend the country if called upon
- Defend and support the Constitution
- Respect the law
- Pay taxes
- Serve on a jury if called upon
Naturalization Process
- Determine if you are already a U.S. citizen.
- Determine your eligibility to become a U.S. citizen.
- Prepare Form N-400, Application for Naturalization.
- Submit Form N-400, Application for Naturalization.
- Go to the biometrics (fingerprinting) appointment, if applicable.
- Complete the interview.
- Receive a decision from USCIS on your Form N-400, Application for Naturalization.
- Receive a notice to take the Oath of Allegiance.
- Take the Oath of Allegiance to the United States.
- Understand your rights and responsibilities as a U.S. citizen.
Please call us today and schedule your free appointment. The information you share with us is confidential.
