Skilled Immigration Attorneys in NYC, NY

Green Card Applications 

A Green Card allows you to live and work permanently in the United States. There are several ways to apply, including family-based and employment-based options. 

• Steps to Apply for a Green Card:
  • Family-Based Green Card: A U.S. citizen or permanent resident family member sponsors you.
  • Employment-Based Green Card: An employer sponsors your application based on your job qualifications.
  • Diversity Visa Program: Lottery system for individuals from countries with low immigration rates to the U.S.
• Eligibility Requirements:
  • You must meet specific criteria, such as having a close family member who is a U.S. citizen or permanent resident, or securing a job offer from a U.S. employer.
  • There are annual caps on some categories, which can affect wait times.
• Timeline:
  The process can take months or years, depending on your category and country of origin.
• Tips for a Successful Application:
  • Ensure all documents are complete and accurate.
  • Follow the U.S. Citizenship and Immigration Services (USCIS) guidelines carefully.
  • Be prepared for an interview and provide additional evidence if requested.

Work Visas and Employment-Based Immigration

Work visas allow foreign nationals to work in the U.S. for a specific employer.

Types of Work Visas:

• H-1B: For specialty occupations requiring a degree.
• L-1: For intracompany transferees.
• O-1: For individuals with extraordinary abilities in their field.

Application Process:

• Your employer must first submit a petition to USCIS on your behalf.
• After approval, you can apply for a visa at a U.S. consulate or embassy.

Employer Sponsorship:

• Your employer must demonstrate that there are no qualified U.S. workers for the position.
• The employer also has to prove that you are essential to the company.

Tips for Securing a Work Visa in NYC:

• Work with an immigration attorney to ensure all forms are submitted correctly.
• Be aware of annual caps, especially for H-1B visas.
• Make sure your employer provides all necessary documentation.

Citizenship and Naturalization

Naturalization is the process of becoming a U.S. citizen.

How to Become a U.S. Citizen:

• You must be a permanent resident (Green Card holder) for at least five years (three years if married to a U.S. citizen).
• You will need to pass a citizenship test and interview.

Naturalization Requirements:

• Continuous residence in the U.S. for at least five years.
• Proficiency in English and knowledge of U.S. history and government.

Benefits of U.S. Citizenship:

• Right to vote in federal elections.
• Protection from deportation.
• Access to certain government jobs.

Common Mistakes to Avoid:

• Failing to meet the residence requirement.
• Not filing taxes during your permanent residency period.
• Not preparing thoroughly for the citizenship test and interview.

Deferred Action for Childhood Arrivals (DACA)

DACA offers temporary protection from deportation to individuals who arrived in the U.S. as children.

Benefits of DACA:

• Work authorization and protection from deportation.
• Eligibility for certain state and federal benefits, depending on the state.

How to Apply for DACA:

• Submit an application to USCIS, including proof of your eligibility.
• Renewal is required every two years.

Eligibility:

• You must be under 31, have arrived in the U.S. before turning 16, and have lived in the U.S. since June 15, 2007.
• You must be enrolled in school, have graduated, or have a high school diploma.

Changes in DACA Policy:

• DACA policies have changed over time, so it’s important to stay updated on current rules.
• Legal challenges may affect the program, so consult with an immigration attorney for the latest information.

Frequently Asked Questions (FAQ)

• What is the difference between a family-based and employment-based Green Card?
  A family-based Green Card is for individuals who are sponsored by a close U.S. citizen or permanent resident family member. On the other hand, an employment-based Green Card is granted to individuals sponsored by a U.S. employer based on their job qualifications and expertise.
• How long does the Green Card application process take?
  The Green Card application process can take anywhere from several months to several years, depending on the category under which you are applying (family-based, employment-based, or other) and your country of origin. Some categories may have annual caps, leading to longer waiting periods.
• What are the main requirements for applying for a U.S. work visa?
  To apply for a U.S. work visa, your employer must first file a petition with USCIS on your behalf. The visa you apply for depends on your job and qualifications, with common types including H-1B, L-1, and O-1 visas. You will need to provide documentation to prove the necessity of your employment in the U.S.
• Can I apply for citizenship if I have a Green Card?
  Yes, if you are a permanent resident (Green Card holder) in the U.S., you can apply for U.S. citizenship after meeting the residency requirements—typically five years of continuous residence, or three years if married to a U.S. citizen. Additionally, you will need to pass a citizenship test and interview.
• How can DACA help me, and what are the eligibility requirements?
  DACA provides temporary protection from deportation and work authorization for individuals who arrived in the U.S. before the age of 16. To be eligible, you must meet age and residency requirements, be currently enrolled in school or have completed high school, and submit a renewal application every two years.