Immigration

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Green Cards – Lawful Permanent Residence

• Family Based Immigration– as an an immediate relative of a U.S. citizen (spouses, unmarried children under the age of 21, and parents of U.S. citizen petitioners 21 or older); a family member of a U.S. citizen fitting into a preference category ( this includes unmarried sons or daughters over the age of 21, married children of any age, and brothers and sisters of U.S. citizen petitioners 21 or older); a family member of a green card holder (this includes spouses and unmarried children of the sponsoring green card holder); a member of a special category (this can include battered spouse or child (VAWA), a K nonimmigrant, a person born to a foreign diplomat in the United States, a V nonimmigrant or a widow(er) of a U.S. Citizen).
• Business Investor (EB-5) – under this program, entrepreneurs (and their spouses and unmarried children under 21) are eligible to apply for a green card (permanent residence) if they: Make the necessary investment in a commercial enterprise in the United States; and Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers; Or, invest in commercial enterprises associated with regional centers approved by USCIS based on proposals for promoting economic growth.
• Employment Based (EB-1, EB-2, EB-3) - based on an offer of permanent employment in the United States. Most categories require an employer to get a labor certification and then file a Form I-140, Immigrant Petition for Alien Worker. Certain immigrant categories allow “self-petition”; this is available for either “Aliens of Extraordinary Ability” or some persons granted a National Interest Waiver.
• Removal of Conditions - a permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day one was given permanent residence; one is given conditional resident status on the day (s)he is lawfully admitted to the United States on an immigrant visa or adjustment of status to permanent residence; form I-751 must be submitted to remove conditions. Similarly, an EB-5 investor must submit Form I-829 within the 90-day period immediately before the second year anniversary of admission to the U.S. as a conditional permanent resident.
• Renewal /Replacement of Green Cards - If you are a permanent resident whose 10-year green card has expired or will expire within the next 6 months, you may begin the renewal process. If you are outside the United States and your green card will expire within 6 months (but you will return within 1 year of your departure from the United States and before the card expires), you should file for your renewal card as soon as you return to the United States. If you are outside of the United States when the card expires and you have not applied for the renewal card prior to your departure, you should contact the nearest US Consulate before attempting tempting to file Form I-90 for a renewal green card.  

Naturalization/Derivative Citizenship

Naturalization: process by which U.S. citizenship is granted to a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA). Derivative citizenship: there are two general ways to obtain citizenship through U.S. citizen parents, one at birth and one after birth but before the age of 18. 

Battered Spouse Petitions (VAWA)

Allows battered immigrants to petition for legal status in the United States without relying on abusive U.S. citizen or legal permanent resident spouses, parents or children.

Deferred Action for Childhood Arrivals (DACA)

Allows certain illegal immigrants who entered the country before their 16th birthday and before June 2007 to receive a renewable two-year work permit and exemption from deportation.

Political Asylum

Protection for individuals who have suffered past persecution, or have a well-founded fear of future persecution, in their country of origin based on their:

• Race
• Nationality
• Religion
• Membership in a social group
• Political Opinion

Removal/Deportation Defense.

For further information on any immigration matter or to schedule a consultation with our immigration attorney please call 516-505-2300 or email us at