These are samples of frequent questions asked. It is important to contact an experienced immigration attorney if you have any criminal conviction or arrest before applying for any immigration benefit.
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Delays in processing your immigration application will increase your costs, and cause frustration. Therefore, it is absolutely important that you choose the right attorney, Peter Loblack Law, PA for all your IMMIGRATION LAW SOLUTIONS. We are there to serve you, the client.
FAMILY-BASED ADJUSTMENT STATUS
ADJUSTMENT OF STATUS is available to anyone who has legally entered the United States and has a current immigrant visa available. This would include a spouse and minor children (less than 21 years) of a United States Citizen.
SPOUSES OF U.S. CITIZENS A foreign spouse of a U.S. Citizen can adjust his/her status immediately and can apply for a work permit to lawfully engage in employment during the pendency of the application for a green card.
MINOR CHILDREN OF U.S. CITIZENS Foreign-born minor children of U.S. Citizens, meaning children under 21 years of age are classified, like spouses, as immediate relatives, and can apply for adjustment of status immediately.
STEPCHILD OF U.S. CITIZENS Foreign-born stepchildren of U.S. Citizens is treated as biological children for purposes of adjustment of status provided that the step relationship started prior to the stepchild's eighteenth birthday.
PARENTS OF U.S. CITIZENS The foreign-born parents of a U.S. Citizen are treated the same as children.
CHILDREN OVER 21, INCLUDING SIBLINGS AND MARRIED CHILDREN OF U.S. CITIZENS Those relatives can have their status adjusted provided a visa is available and must wait for their priority number to be current before they can apply to adjust their status. The wait is generally three (3) years for unmarried adult children to ten (10) years for siblings.
EMPLOYMENT-BASED ADJUSTMENT OF STATUS
To qualify an employer must petition for you. This is a two (2) step process. The employer must first obtain a labor certification and then file a petition with Immigration for you. You cannot file your application for adjustment until your priority number is current. Except for exceptional scholars, scientists, entertainers, etc., you may have a wait ranging from three (3) to five years. Certain fields such as NURSING, and certain health care professionals may file for adjustment of status immediately. There are special rules and you are advised to retain an experienced immigration attorney.
UNITED STATES CITIZENSHIP
If you have a green card for five (5) years, except in the case of an individual married to a U.S. Citizen who obtain the green card through the U.S. Citizen spouse and is still married and living with the U.S. Citizen spouse, in which case is three (3) years, you qualify to apply for Naturalization.
Please note that there are certain bars such as certain criminal convictions, domestic violence, failure to pay child support, failure to pay federal taxes, etc. Also, bar if you voted and claimed to be a U.S. Citizen. It is important to contact an immigration attorney if you have prior criminal convictions/arrests.
IMMIGRATION CONSEQUENCES OF CRIMES ARE ONLY AN ISSUE IF THE PERSON IS HERE "ILLEGALLY."
WRONG. A criminal conviction can lead to deportation for any individual who is not a citizen of the United States. A noncitizen could face immigration consequences even if he or she has been in the United States since an early age, has been a lawful permanent resident (i.e. green card holder), has assimilated completely into our society, and has never had a prior criminal conviction.
IMMIGRATION CONSEQUENCES ARE ONLY AN ISSUE IF THE CONVICTION IS A FELONY.
WRONG. Even the most drastic of immigration consequences can result from convictions that are only misdemeanors under most States' laws, as many of the convictions can be classified as "aggravated felonies" under immigration law, whether or not it was a felony under state law.
THERE WILL BE NO IMMIGRATION CONSEQUENCES IF THE DEFENDANT DOES NOT SERVE TIME, SERVES ONLY A YEAR OR LESS, THE SENTENCE IS SUSPENDED, OR ADJUDICATION IS WITHHELD.
WRONG, WRONG and WRONG. The term of imprisonment imposed may be important in determining the immigration consequences of the conviction, but it also may not be relevant at all.