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Adjustment of Status (Green Cards)
Adjustment of Status is the process that allows eligible foreign nationals who are already in the United States on a valid visa to change their immigration status to that of a lawful permanent resident (green card holder) without having to leave the country.
Eligibility: Eligibility requirements for adjustment of status vary depending on the type of visa held, including family-sponsored, employment-based, or refugee/asylee status.
Marriage-Based Green Card
A marriage-based green card is a way for a foreign person who marries a U.S. citizen or green card holder to become a permanent resident of the United States. The key is to prove the marriage is genuine, and the application involves paperwork and interviews to verify the relationship. Once approved, they can live and work in the U.S. as a permanent resident and apply for citizenship later if eligible.
Eligibility: You must be legally married to a US citizen or permanent resident. Spouses of US citizens generally have priority.
Fiancé or K-1 Visa
A fiancé or K-1 visa is a special visa that allows a U.S. citizen to bring their foreign fiancé to the United States so they can get married. The key rule is that they must marry within 90 days of the foreign fiancé arriving in the U.S. Once the visa is approved, your fiancé can come to the United States, and after you get married, they can apply to become a legal resident.
Eligibility: You must have a genuine intention to marry a US citizen within the prescribed timeframe.
Family-Based Cases
Family comes first! Family-based petitions allow U.S. citizens and green card holders to bring their loved ones to the United States. It's all about keeping families together, and that's a big part of American immigration policy. U.S. citizens can sponsor immediate family members like spouses, parents, children, and siblings, while green card holders can sponsor spouses and unmarried children.
Eligibility: Eligibility depends on the specific family relationship and the sponsoring individual's immigration status.=
Domestic Violence - VAWA Self-Petition
No one deserves to feel unsafe. A VAWA self-petition is a legal avenue available to immigrants in the United States who have been victims of domestic violence, sexual assault, human trafficking, or other forms of abuse perpetrated by a U.S. citizen or permanent resident spouse or parent. VAWA self-petition allows survivors to independently apply for lawful permanent residency (a green card) without the need for their abusive family member's sponsorship or cooperation. Your application can be kept confidential.
Eligibility: You must be a victim of domestic violence, abuse, or extreme cruelty perpetrated by a US citizen or permanent resident spouse or parent.
I-751 Removal of Conditions
Recipients of two-year green cards obtained through marriage must undergo this procedure to remove the conditions and attain permanent resident status in the United States. This step is crucial in your immigration process, as a denial of the case may result in deportation.
Applicants are required to provide evidence of their genuine marriage and their intent to build a life together.
Eligibility: You must still be married to the same US citizen or permanent resident spouse, and the marriage must be genuine.
I-751 Divorce Waiver
Don't worry if your love story didn't have the happiest ending. If you've gone through a divorce or separation from your U.S. Citizen spouse you can still aim for permanent residency. You should take action before two years pass from the date of your divorce or separation. If you qualify, this waiver can help you carry on with your application without needing your spouse's involvement.
Eligibility: You must have entered into the marriage in good faith, but it ended due to divorce or annulment.
I-751 Extreme Cruelty Waiver
If your marriage story took a dark turn after you got your two-year green card, perhaps your U.S. Citizen spouse became controlling or made threats or refused to assist with your removal of condition application, don't worry, you could still obtain your permanent residency. If you're going through specific issues like emotional or physical mistreatment, you might be able to submit your removal of condition application on your own potentially saving your case.
Eligibility: You must have experienced extreme cruelty from your US citizen spouse.
I-601 and I-601A Waivers
Don't let past mistakes keep you apart from your American dream. The I-601 and I-601A waivers serve as remedies for individuals facing potential inadmissibility to the U.S. due to immigration violations. The I-601 waiver is for those outside the U.S., allowing forgiveness for violations like unlawful presence, criminal convictions, or fraud to obtain an immigrant visa. The I-601A waiver is for those already in the U.S., forgiving unlawful presence without leaving to avoid reentry bars, mainly for undocumented immigrants with eligible family ties seeking lawful status in the U.S.
Eligibility: You must demonstrate that your qualifying relatives would suffer extreme hardship if you were not granted the waiver.
Work Permits (EAD)
Work Permits, or Employment Authorization Documents (EADs), grant eligible individuals the legal right to work in the United States while their immigration status is pending or as a requirement of their visa.
Eligibility: Eligibility varies based on the immigration category, such as asylees, spouses of certain visa holders, and beneficiaries of certain petitions.
Non-Immigrant Visas
Non-Immigrant Visas are temporary visas issued to individuals who intend to enter the United States for specific, temporary purposes, such as tourism, business, education, or employment.
Eligibility: Eligibility criteria depend on the type of non-immigrant visa sought, including B-1/B-2 tourist visas, H-1B work visas, F-1 student visas, and more.
U-Visas
A U-Visa is a special non-immigrant visa category in the United States designed to protect and provide legal status to victims of certain crimes who have suffered mental or physical abuse and are willing to cooperate with law enforcement in the investigation or prosecution of those crimes. This visa offers a lifeline to individuals who have been victimized, providing them with temporary legal status, work authorization, and a path to eventual permanent residency. It's a crucial tool in ensuring the safety and security of immigrant victims while helping law enforcement solve and prevent crimes.
Eligibility: Victims of certain crimes in the U.S. who have suffered mental or physical abuse and are willing to assist law enforcement.
T Visas
T visas are a legal avenue for victims of human trafficking. These visas offer protection and support to those who have been subjected to severe forms of exploitation, such as forced labor or sex trafficking. T-Visas not only provide protection and support to victims of human trafficking but also offer the potential for pardon from certain immigration violations. T visas holders can live and work in the United States for a specified period and they could eventually apply for a green card and hold the status of a permanent resident in the United States.
Eligibility: Victims of human trafficking, including sex trafficking and forced labor.
Affirmative Asylum
Affirmative asylum in the United States is a process for individuals who fear persecution in their home countries because of factors like their race, religion, nationality, political opinion, or social group membership. The process involves submitting an application, attending an interview, and providing evidence. If granted, affirmative asylum provides protection and the opportunity to live and work in the U.S., with the potential for permanent residency and citizenship.
Eligibility: Individuals who fear persecution in their home country based on race, religion, nationality, political opinion, or social group.
Naturalization
Naturalization is the legal process through which a permanent resident can become a U.S. citizen. This typically involves meeting eligibility requirements, such as being a lawful permanent resident, residing in the United States for a specified period, demonstrating good moral character, passing a citizenship test, and taking the Oath of Allegiance.
Eligibility: Permanent residents (green card holders) who have met residency and other requirements.
Please note that these are simplified overviews, and it's crucial to consult with an immigration attorney for detailed guidance on each process, as eligibility and requirements may vary on a case-by-case basis.
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