Top-Rated Southern California Immigration Attorney

There are dozens of different types of visas available under the provisions of the Immigration and Nationality Act (INA), but they can all be placed in one of two categories: immigrant and nonimmigrant visas. The former is for individuals who are hoping to establish permanent residency with a green card and perhaps even to pursue the path to naturalization and citizenship. The second is for those who are only planning a temporary visit to the United States, such as for the purpose of conducting business or attending school.

The INA sets limits on the number of people who will be permitted to immigrate to the United States each year using certain types of visas, while other visas are unlimited. Family immigration visas for the immediate relatives of U.S. citizens are available on an unlimited basis, while there are annual quotas set for the relatives of lawful permanent residents and extended family of citizens, with a maximum quota of 480,000. The number of employment immigration visas is limited to 140,000 per year.

Pathways to citizenship include service in the United States military and adoption, but a large percentage of all people who become citizens do so through the process of naturalization. The basic qualifications for naturalization include the following:

• Living in the U.S. as a permanent resident for 5 years (or 3 years for a spouse of a U.S. citizen).

• Being at least 18 years of age.

• Living within the state where you will apply for citizenship for at least 3 months prior to the application date.

• Being physically present in this country for at least half of the past 5 years.

• Maintaining continuous residence in this country from the date you submit your application for naturalization.

• Being able to read, write and speak English.

• Have a basic understanding of U.S. government and civics.

It is also necessary to supply evidence that you are a person of good moral character and are attached to the principles of the U.S. Constitution. We can assist you with proving these factors, as well as preparing your petition and helping you get ready for the tests.

In its review of immigrant visa petitions, the U.S. Citizenship & Immigration Services (USCIS) weighs factors related to the ties the prospective immigrant has in the United States and the reasons why they want or need to come to live in this country. For example, a family immigration petition will not be approved unless the foreign national has immediate relatives such as a spouse, mother or father, child or sibling already living here as a citizen or green card holder. An employment immigration petition is more likely to receive approval if the applicant has a job offer in this country and is coming to fill a position that the local labor market can’t reasonably fill. Foreign nationals fleeing persecution in their home country may be granted an immigrant visa as refugees or asylees.

There are many strategies for challenging a removal action. If the proposed deportation is based on a criminal conviction, it may be possible to appeal the conviction in order to have it overturned. Another option is to petition for cancellation of removal, a type of immigration relief which is available to people who are of good moral character and whose deportation would subject a family member who is a citizen or permanent resident to extreme hardship. The key to success in stopping deportation is to take immediate action by hiring a Virginia immigration attorney from our firm as soon as possible. Contact us now at Garcia & Phan for a confidential consultation and to let us get started on your case.

Immigration Lawyer California work with individuals, families, and businesses across the world, providing them with assistance in resolving the legal issues involved with helping their loved ones and employees to immigrate to the United States. We work directly with foreign nationals living abroad, guiding them through the process of obtaining immigrant and nonimmigrant visas for entry to the U.S. Call Garcia & Phan Immigration Lawyer now at (714) 868-8250 for more information.