U.S. Immigration & Citizenship Lawyers

U.S. citizens and some Lawful Permanent Residents may petition for certain family members to immigrate to the United States. Some are known as “immediate relatives” and are not subject to long backlogs. Others are subject to the “preference category” system and may have to wait many years to immigrate.

To become an immigrant based on a permanent employment opportunity in the United States, there is a multi-step process involving both the U.S. Department of Labor, the U.S. Department of Homeland Security, and sometimes the U.S. State Department.

In order to work in the United States, a foreign national must have an immigration status that allows for employment. The petition process and requirements depend on a variety of factors, including the foreign national’s citizenship, the type of work to be performed, the individual’s educational background and work experience, and whether the individual is inside or outside the U.S.

The general rule is that one can only apply for naturalization after he or she has been a Lawful Permanent Resident (LPR) for five years and has had continuous residence in the U.S. for the immediately preceding five years. In some exceptional cases, it is possible to obtain citizenship immediately after attaining LPR status without meeting the three-year or five-year requirement.

Green card, naturalization, and other applications pending with U.S. government agencies can be delayed for many reasons. Some long-delayed cases can be resolved by filing a lawsuit in Federal District Court against the agency to compel action. These types of suits are called “Writs of Mandamus.”

An Application for Waiver of Grounds of Inadmissibility is filed by an alien in the event that an alien has been denied admission to the United States. Different sections of INA § 212 allow for the application of a waiver of inadmissibility. Some waivers must establish that a qualifying relative will suffer “extreme hardship” if the alien is not admitted.