IMMIGRATION LAW
Our immigration attorneys provide skilled representation and personalized guidance for a wide array of immigration matters in Texas.
Choosing the right immigration attorney in Houston is crucial to achieving your goals. With extensive experience and in-depth knowledge, we are equipped to assist with adjusting immigration status, visa applications, and investment-based immigration strategies.
Let our dedicated team help you navigate the complexities of immigration law with Knowledge & Courage in Action. Contact us today to get started!
A. Obtaining Lawful Permanent Resident Status - Green card
The term "Green Card holder" has become a common reference for individuals with lawful permanent resident (LPR) status in the United States, named after the green-colored identification card that serves as proof of their legal immigration status. Green Cards can be obtained through various pathways, with the most common being family sponsorship, consular processing, employment, or securing refugee or asylee status. Additionally, individuals may attain permanent residency by applying for an adjustment of status.
Eligibility for a Green Card
Eligibility for lawful permanent resident (LPR) status depends on the specific pathway an immigrant pursues to obtain their visa. Immediate family members of U.S. citizens or lawful permanent residents (LPRs) who sponsor their immigration are typically given priority under family-based preferences. However, because U.S. Citizenship and Immigration Services (USCIS) issues only a limited number of visas each year, extended family members often face longer waiting periods.
For employment-based immigration, individuals with extraordinary abilities (EB-1 visas) are given the highest priority. Other categories, such as skilled workers, special immigrants, and unskilled laborers, may experience longer waits due to visa availability constraints.
Applying for a Green Card
For family-based immigration, the U.S. citizen or permanent resident sponsoring the foreign family member must begin the process by filing a Petition for Alien Relative (Form I-130) with USCIS. Once the petition is approved, the foreign family member can submit an Application to Register Permanent Residence or Adjust Status (Form I-485) to complete the process.
In employment-based cases, the U.S. employer typically needs to secure labor certification and file a Petition for Alien Worker (Form I-140) on behalf of the immigrant before they can apply for permanent residency.
Assistance with Your Green Card Application
Obtaining a Green Card is a complex and lengthy process that requires thorough preparation, attention to detail, and patience. Our experienced immigration attorneys are here to guide you every step of the way. From initial applications to final approvals, we work diligently to streamline your case and help you achieve your goal of living and working in the United States.
B. Naturalization
U.S. Citizenship Overview
U.S. citizenship is granted to individuals either by birth or through naturalization. All persons born or naturalized in the United States are recognized as citizens under U.S. law.
Paths to U.S. Citizenship
1. By Birth
- Within U.S. Territory: Individuals born in the United States or its territories automatically acquire citizenship.
- Through U.S. Citizen Parents: Children born abroad may acquire citizenship at birth if one or both parents are U.S. citizens and meet specific legal requirements.
2. By Naturalization
- Lawful permanent residents (LPRs) may apply for citizenship by filing Form N-400.
- Spouses of U.S. citizens may apply three years after obtaining LPR status, while most others must wait five years. Applicants may submit their application up to 90 days before their eligibility date.
3. Through the Child Citizenship Act (CCA)
- Enacted in 2000, the CCA allows children under 18 adopted by U.S. citizens to acquire automatic citizenship upon entering the United States as lawful permanent residents.
4. Through Military Service
- Certain LPRs serving in the U.S. Armed Forces may qualify for expedited naturalization.
Eligibility Requirements
To be eligible for citizenship, applicants must:
- Demonstrate good moral character.
- Have been physically present in the United States for at least:
- 30 months out of the last five years, or
- 18 months out of the last three years (for spouses of U.S. citizens).
- Pass an English language test (minimum 4th-grade level).
- Show knowledge of U.S. history and civics.
Criminal History and Citizenship Applications
Applicants with any history of police contact, including traffic citations, arrests, or criminal convictions, should consult an immigration attorney before applying for naturalization. Such incidents can significantly impact an individual?s eligibility and may even result in removal proceedings.
Legal Assistance
Navigating the citizenship process can be complex, but our Houston immigration attorneys are here to support you every step of the way. We will assist with your citizenship application, prepare you for the required tests, and guide you through the interview process. Additionally, we offer assistance with non-immigrant visa applications and other immigration matters.
C. Non-Immigrant Visa
Overview of Non-Immigrant Visas
A non-immigrant visa is a travel document allowing individuals such as tourists, students, investors, or specialty workers to temporarily enter the United States. These visas are issued for specific purposes, including studying, working in specialized fields, or visiting for business or leisure. Non-immigrants do not intend to remain in the U.S. permanently.
Individuals seeking to stay in the U.S. permanently are classified as immigrants and must apply for an adjustment of status through an immigration visa. Below are some common types of non-immigrant visas:
Common Non-Immigrant Visa Categories
- B-1/B-2: Business or pleasure visitors.
- E-1: Treaty Trader.
- E-2: Treaty Investor.
- F-1: Student Visa.
- H-1B: Specialty Occupations.
- J-1: International Exchange Programs.
- K-1/K-3: Fiancé(e) Visas.
- L-1A/B: Intracompany Transferee (Executives/Managers or Specialized Knowledge).
- M-1: Vocational Students.
- O-1: Extraordinary Ability.
- P-1: Internationally Recognized Athletes/Artists.
- TN: NAFTA Professionals.
B-1/B-2: Business or Pleasure Visitors
These visas permit limited business-related activities such as contract negotiations, consultations, and participation in conventions. They also allow entry for leisure or medical purposes. Travelers using the Visa Waiver Program (VWP) must leave within 90 days, while those with B-1/B-2 visas may stay longer as specified.
H-1B: Specialty Occupations
This visa is for professionals in specialized fields such as IT, medicine, science, and business. Initially granted for three years, it can be renewed for an additional three years. Due to an annual cap of 65,000 visas (plus 20,000 for advanced U.S. degree holders), early application is essential.
L-1A/B: Intracompany Transferees
This visa allows multinational companies to transfer employees from foreign offices to U.S. operations. Eligible employees must have worked for the organization outside the U.S. for at least one of the last three years.
TN: NAFTA Professionals
Designed for Canadian and Mexican citizens under NAFTA, TN visas permit work in specific professional fields for up to one year at a time, with renewals available.
J-1: Training and Exchange
The J-1 visa is for participants in cultural exchange programs, including students, trainees, and researchers. Programs may also include internships and summer employment for university students.
O-1: Extraordinary Ability
This visa is for individuals who demonstrate extraordinary ability in fields such as education, science, business, sports, or the arts. Applicants must show sustained national or international recognition for their achievements.
P-1: Internationally Recognized Athletes/Artists
This visa applies to individuals competing or performing at an internationally recognized level, such as athletes participating in global competitions or artists attending prestigious events.