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Immigration Law

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Naturalization

Becoming a U.S. citizen through naturalization is the process by which individuals who were not  born in the United States choose to become legal citizens of the country. This path to citizenship  is available to green card holders, also known as permanent residents. After holding a green card for a certain period, individuals are eligible to apply for citizenship. The timeline for eligibility  typically spans five years, though it shortens to three years if the green card was acquired  through marriage to a U.S. citizen.

The decision to pursue U.S. citizenship offers several advantages, such as the ability to travel  using a U.S. passport, eligibility for federal employment and participation in public office, voting  rights, jury duty participation, protection from deportation, priority consideration for family  members seeking permanent residence, and certain tax benefits for surviving spouses and estate  beneficiaries. 

While the United States does not mandate renouncing foreign citizenship, some countries may  require individuals to relinquish their original citizenship upon acquiring U.S. citizenship.

It’s important to note that applying for citizenship is a voluntary process, and individuals can  maintain permanent resident status indefinitely without becoming citizens. Additionally,  citizenship isn’t automatic; it necessitates meeting specific criteria. Common prerequisites  include continuous residence in the U.S. as a lawful permanent resident for at least five years (or  three years if married to a U.S. citizen), a minimum physical presence requirement, proficiency  in basic English and knowledge of U.S. history and government, demonstration of good moral  character, and adherence to the principles outlined in the U.S. Constitution.

Marriage Petitions/ Spousal Petitions Marriage Adjustment of Status

Both U.S. citizens and Legal Permanent Residents (LPRs) have the opportunity to sponsor their  spouses for Legal Permanent Residence (commonly known as a Green Card) in the United  States. When you choose to collaborate with our firm, you’ll receive comprehensive guidance  from an experienced immigration attorney every step of the way.

Our team assists over two hundred couples annually with various immigration processes,  including Marriage Adjustment of Status, Marriage Consular Processing IR-1, and K-1 Fiancé  cases. We specialize in addressing challenges that arise in cases previously filed without legal  
representation or with different attorneys. This includes taking over cases, responding to Notices  of Intent to Deny (NOIDs), and lodging appeals to the Board of Immigration Appeals (BIA).

While the United States does not mandate renouncing foreign citizenship, some countries may  require individuals to relinquish their original citizenship upon acquiring U.S. citizenship.

Your Designated Attorney Will:

  • Conduct a thorough analysis of your case to explore all available options and assess whether a  waiver of inadmissibility might be necessary.
  • Provide detailed explanations of potential immigration benefits you may qualify for. Offer personalized recommendations for the most suitable routes to obtain LPR status. Handle the preparation and submission of your petition to immigration authorities. Act as your advocate during communications with the United States Citizenship and Immigration  Services (USCIS) and/or the Department of State (DOS). 
  • Keep you updated on the progress of your case as it undergoes review by USCIS and/or DOS. Prepare you thoroughly for your marriage interview. 
  • Represent you during the Adjustment of Status marriage interview. 
  • Address any issues or delays that may arise. 
  • Promptly respond to all your inquiries, ensuring no more than a one-business-day delay. We encourage prospective clients to schedule a free consultation either in person at our office or  over the phone. Regardless of your location, whether within the U.S. or abroad, we can assist  you in preparing your petition effectively. 
  • To arrange a free consultation, feel free to reach out to us via phone or email.

Family Petitions

If you’re a U.S. citizen or a Legal Permanent Resident (Green Card holder), you have the  opportunity to sponsor your family members to join you in the United States. The eligibility  and timeline of your application depend on two primary factors: your relationship with your  family member and your immigration status.

Your relationship with your family member—whether they’re a parent, spouse (including  same-sex spouses), child, son/daughter, or brother/sister—will influence the sponsorship  process. Additionally, whether you hold a Green Card or are a U.S. citizen will impact the  application procedure.

Certain family members may be eligible to join you immediately, while others may be  subject to the “priority date system.” Those subject to this system may face significant  waiting periods before receiving approval for an immigrant visa. It’s crucial to take action  promptly, especially in cases where your family member falls under this system, to secure  their place in the visa queue.

Our immigration attorneys are dedicated to expediting your family member’s case. If your  family member is subject to the priority date system, our legal team will collaborate with  you to devise an eTective strategy for minimizing delays and ensuring their swift arrival in  the United States.

Reach out to us today for a complimentary consultation with one of our immigration  attorneys. Let us handle the planning and paperwork, so you can focus on reuniting with  your loved ones.

For your reference, here's a simplified chart outlining the priority date system: U.S. Citizen Petition for a...

  • Parent: [visa immediately available]
  • Spouse or fiancé(e): [visa immediately available]
  • Child less than 21 years of age: [visa immediately available]
  • Married/Unmarried son or daughter over 21 years of age: [Not current, backlogged] Brother or sister: [Not current, backlogged]
  • Legal Permanent Resident/Green Card Holder petition for a…
  • Spouse: [visa immediately available]
  • Child less than 21 years of age: [visa immediately available]
  • Unmarried sons and daughters over 21 years of age: [Not current, backlogged]

VIOLENCE AGAINST WOMEN ACT (VAWA)

In 1994, Congress enacted the Violence Against Women Act (VAWA) to address the specific  challenges faced by victims of domestic violence and abuse in the United States. While  domestic violence can aTect anyone, regardless of immigration status, VAWA oTers crucial  protections for noncitizens who are victims of domestic violence or other qualifying crimes.  This law establishes special avenues to immigration status for certain nonimmigrant  victims of abuse, oTering relief through three main forms of protection: “U” visas for crime  victims, “T” visas for victims of severe traTicking, and “self-petitions” under VAWA.

Who is eligible for VAWA relief?

Noncitizen spouses or children of abusive U.S. citizens or permanent residents: These  individuals can apply for VAWA relief through a self-petitioning process, without needing  the involvement or knowledge of the abuser. 
Spouses of U.S. citizens or lawful permanent residents (LPRs) whose children are being  abused. 
Children of U.S. citizens or LPR parents who are experiencing abuse. 
Despite its name, VAWA also extends to men who are victims of spousal abuse. Many noncitizen victims of domestic violence hesitate to pursue VAWA relief due to  concerns about meeting eligibility criteria or fear of drawing attention from immigration  authorities, which could lead to deportation. However, if you or your child are suTering  abuse at the hands of a citizen or LPR spouse or partner, applying for VAWA relief is a  crucial step to avoid deportation.

What are the benefits of VAWA relief?

VAWA recipients are eligible for employment authorization in the U.S. Obtaining VAWA relief empowers victims to seek independence, freeing them from reliance  on their abusers for financial support.
Upon approval of Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant,  individuals become eligible to file Form I-485 to adjust their status to that of a permanent  resident. 
No matter how dire your circumstances may appear, it’s important to recognize that there  is hope. VAWA aims to shield vulnerable individuals from ongoing abuse by enabling them  to pursue lawful permanent resident (LPR) or U.S. citizenship status, separating them from  
their abusers. At US Immigration Law Counsel, our dedicated legal team is committed to  ensuring your safety. We understand the complexity of your situation and are prepared to  assist you in identifying and pursuing the most eTective and eTicient path forward. Our  mission is to equip you with the knowledge and resources needed to take charge of your  future. We encourage you to reach out to us today to discuss your situation confidentially.

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