Family-Based Immigration (green cards)

Daytona Immigration AttorneyFamily Preference Categories

The Immigration and Nationality Act sets the number of immigrant visas that may be issued each year. Immigrant visas for immediate relatives (parents, spouses, unmarried children of United States Citizens) are unlimited. Immigrant visas for individuals in one of the preference categories are limited to 226,000 per year.

The preference categories are as follows:

  • First Preference
    • Unmarried sons and daughters (over 21) of U.S. Citizens
  • Second Preference:
    • Spouses and Children of Lawful Permanent Residents
    • Unmarried Sons and Daughters of Lawful Permanent Residents
  • Third Preference
    • Married Sons and Daughters of U.S. Citizens
  • Fourth Preference
    • Brothers and Sisters of U.S. Citizens 21 years of age or older

Because of the limited number of visas available for each preference category, there are extremely lengthy waiting periods in the availability of immigrant visas.

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Fiancée Visas (K-1, K-2)

The K-1 visas are available to fiancés and fiancées of the U.S. Citizens. The K-1 Visa permits the foreign citizen fiancé (e) to come to the U.S. and marry the U.S. Citizen within 90 days of arrival. The fiancé (e) then can apply for adjustment of status to a Permanent Resident. Eligible children of K-1 visa applicants can receive K-2 visa status. The K-3 visas are available to spouses of U.S. Citizens. K-4 visas are available to children of K-3 visa applicants.

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EB5 Investment Visa

Permanent residence is permissible for investors who invest in a commercial enterprise that will benefit the U.S. economy and create at least 10 full-time jobs. The minimum investment is $1 million of capital, which may be reduced to $500,000 if the investment is made in a “targeted employment area”. There are 10,000 EB5 visas allotted per year. 3,000 of visas are set aside for “targeted employment area”.

Visa Requirements:

  • All EB5 investors must invest in a new commercial (for profit) enterprise (established after November 29, 1990, or established before or on November 29, 1990 that has either been restructed or reorganized in a substantial way or expanded more than 40% in net worth or number of employees).
  • The investment must create or preserve at least 10 direct or indirect full-time jobs to qualifying US workers (US Citizens, permanent residents, etc.)
  • Required minimum capital investments are $1,000.000, or $500,000 in high unemployment area (150% of the national average rate). Capital means cash, inventory, equipment, other tangible property, cash equivalents secured by personal assets of an investor. Assets acquired directly or indirectly by criminal means are not considered capital for the purposes of this visa. Note: Investment capital cannot be borrowed. The investment must be only one commercial enterprise and an investor cannot meet the requirements for the removal of conditions by combining investments in multiple commercial enterprises.

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Multiple Investors/Partnerships

  • All EB5 investors must invest in a new commercial (for profit) enterprise (established after November 29, 1990, or established before or on November 29, 1990 that has either been restructed or reorganized in a substantial way or expanded more than 40% in net worth or number of employees).
  • A limited partnership is considered a commercial enterprise under the law. An investor may join the partnership after its formation because an investor is no longer required to establish a commercial enterprise, but rather to invest in one.

Regional Center Pilot Program

  • Section 610 of the Appropriation Act establishes a pilot program for immigrant investors that permits investment through regional centers and relaxes the job creating requirements so that jobs may be proven through direct or indirect employment. This program is limited to 3,000 visas per year. A regional center is any economic unit, public or private, engaged in the promotion of economic growth, improved regional productivity, job creation and increased domestic capital investment.
  • A regional center proposal must provide a framework within which individual alien investors affiliated with the regional center can satisfy the EB-5 eligibility requirement and create qualifying EB-5 jobs.

There are a number of Regional Centers throughout the United States focusing on various economic growth activities such as:

  • Motion picture and television industry development
  • Export activity related to development of military bases, air cargo, sea port development
  • Food products, apparel manufacturing, transportation and warehousing, household furniture and furnishings
  • Hotel, retail, office and residential space, soccer stadiums, conference center space, and industrial space
  • Tourism
  • Dairy Farming
  • Building and operation of fuel grade ethanol production facilities
  • High tech, agricultural and other export products to Europe and Pacific Rim countries
  • Other

Whether you are interested to invest in the Regional Center or a new enterprise and obtain lawful permanent residency in the United States for yourself, your spouse, and your unmarried children under the age of 21, contact our immigration law firm today to find out how we can help you to navigate through the EB-5 visa process. The rules governing the investor visa program are very complex. We can help you find an USCIS approved Regional Center that has 100% petition approval rate. We can thoroughly investigate the available Regional Centers’ programs to find a program that is the very best for you and the safe return of your investment. We can help you evaluate the actual project that you are investing in to make sure that it has been reviewed and met all the requirements and regulations set forth by the USCIS. You should be aware that many investment projects of approved Regional Centers have been denied by the USCIS. Finally, we can prepare the appropriate petitions and the supporting documentation in a way to smooth and expedite the process of obtaining a visa for you and immediate members of your family.

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Naturalization and Citizenship

Ways to Acquire Citizenship

There are two ways to acquire a United States Citizenship:

  • Citizenship at birth
    • a person must be born in the U.S., or
    • have a parent or parents who were citizens of the U.S. at the time of this person’s birth
  • Citizenship after birth (Naturalization)
    • A person can acquire citizenship through parents
    • A qualified individual can acquire citizenship through naturalization

Eligibility Requirements:

  • Be at least 18 years of age
  • Be a green card holder for at least 5 years immediately preceding the date of filing for Naturalization
  • An applicant must have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application
  • An applicant must have continuous residence in the United States as a green card holder for at least 5 years immediately preceding the date of the filing the application for naturalization
  • An applicant must be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing the application for naturalization
  • An applicant must reside continuously within the United States from the date of application for naturalization up to the time of naturalization
  • An applicant must able to read, write, and speak English and have knowledge and an understanding of U.S. history and government
  • An applicant must be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during all relevant periods under the law
  • There may be other requirements for certain applicants

Advantages of Becoming a United States Citizen

The main difference between a Lawful Permanent Resident and a United States Citizen is that a U.S. Citizen has certain advantages that a Lawful Permanent Resident does not. Some of these advantages are as follows:

  • The Right to Vote – a U.S. Citizen can participate in participate in local, state and national elections
  • The Right to Hold Federal Jobs – Federal jobs often offer higher range salaries, excellent benefits, and maximum job security
  • Protection from Anti-Immigrant Laws – a U.S. Citizen is immune from constantly changing immigration law
  • The Right to Vacation – Unlike a Lawful Permanent Resident, a United States Citizen can stay outside of the U.S. for longer than 6 months (for as long as he/she likes)
  • The Right for Protection Abroad – the State Department or a local U.S. Consulate will assist a United States Citizen in any way, including providing an attorney to protect his/her rights if the basic rights are violated
  • Ease of Re-Entry
  • The Right to Citizenship for Family Members
  • Visa Waiver – a U.S. Citizen does not require a visa for almost 100 countries to enter for a certain period of time
  • Dual Citizenship – a U.S. Citizen can maintain dual nationality with a country of birth

Employment-Based Immigration (green cards)

Foreign-Citizen individuals can apply for permanent residence in the United States through their employment in the U.S. or based on prospective employment in the U.S. if they are working and living outside the U.S.

The Immigration and Nationality Act sets the number of employment-based immigrant visas that may be issued each year. Immigrant visas for individuals in one of the employment preference categories are limited to 140,000 per year.

The preference categories are as follows:

First Preference (E1 – priority workers)

  • Individuals with extraordinary ability in the sciences, arts, education, business, or athletics
  • Individuals who qualify as outstanding professors and researchers
  • Certain multinational managers or executives

Second Preference (E2)

  • Professionals holding advanced degrees
  • Individuals with exceptional abilities

Third Preference (E3)

  • Skilled Workers
  • Professionals
  • Unskilled Workers

Fourth Preference (E4 – Certain Special Immigrants)

  • Certain Religious Workers
  • Broadcasters
  • Ministers of Religion
  • Iraqi and Afghan interpreters
  • Other

Fifth Preference (EB5 – Immigrant Investors)

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Non-Immigrant Visas (temporary visas)

  • Business and Travel Visas (B-1 and B-2)
  • Student Visas (F1)
  • Exchange Visitors Visas (J-1)
  • Seamen and Airline Crew Member’s Visas (C-1/D)
  • Temporary Worker’s Visas (H1-B)
  • Intra-Company Transferee Visas (L-1)
  • Artists and Entertainers Visas (P3)
  • Treaty Investor’s Visas (E-2)
  • Derivatives (F-2, J-2, L-2, H-4)

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Removal (Deportation) Proceedings

Removal proceedings are Immigration Court proceedings in which foreign nationals are charged with being removable from or inadmissible to the United States. Removal may only be ordered by an immigration judge, except in the case of expedited removal which occurs at a Port of Entry. Individuals may be placed in removal proceedings by designated officials of:

  • U.S. Citizenship and Immigration Services
  • U.S. Customs and Border Protection or,
  • U.S. Immigration and Customs Enforcement.

After an individual has received a final order of removal, U.S. Immigration and Customs Enforcement will detain and remove the individual.

Non-permanent residents may be placed in removal proceedings for violations of the immigration laws, including, but not limited to overstaying a period of authorized stay, violations of lawful nonimmigrant status, entry into the United States without inspection, or being in the U.S. without being admitted or paroled.

Lawful Permanent Residents may also be placed in removal proceedings for violations of the immigration laws, including, but not limited to abandonment of permanent residence, conviction of certain crimes, illegal voting in the United States, or termination of conditional resident status.

During the course of removal proceedings, individuals may contest that they are removable or inadmissible or may apply for relief from removal, if qualified. These individuals can apply for various forms of relief for which the individual may be eligible. Some of these types of relief are as follows:

  • Cancellation of removal
  • Adjustment of status
  • Asylum
  • Certain Waivers of Inadmissibility
  • Applications under the Haitian Refugee Immigration Fairness Act
  • Application under the Nicaraguan Adjustment & Central American Relief Act
  • Application under the Violence Against Women Act

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Asylum

Asylum is a form of protection granted to individuals in the United States who have been persecuted or have a well-founded fear that they will be persecuted by the government of their home country, or a group that the government cannot control, on account of their race, religion, nationality, membership in a particular social group, or political opinion.

Individuals who meet this definition and who have been in the United States for less than one year or who are seeking entry into the United States at a port of entry may qualify for asylum. Individuals who are granted asylum are eligible to apply to adjust their status to that of a lawful permanent resident one year after the grant of asylum. Individuals who have been in the United States for more than one year may still be granted asylum if there are changed circumstances in the country from which they seek asylum, or if exceptional circumstances prevented them from filing within one year.

Asylum-seekers may apply for asylum in the United States regardless of their countries of origin and regardless of their current immigration status. There are no quotas on the number of individuals who may be granted asylum each year. Individuals who are not eligible for asylum may still qualify for withholding of removal if they establish that it is more likely than not that they will be persecuted on account of their race, religion, nationality, membership in a particular social group, or political opinion upon returning to their home country.

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Waiver of Inadmissibility

United States Immigration law prohibits individuals with certain circumstances from entering the United States. These individuals are considered to inadmissible. There are various grounds to determine if an individual is inadmissible. Some of the most common grounds of inadmissibility are:

Health Related Grounds

  • Communicable disease of public health significance
  • Failure to present documentation of vaccinations against vaccine – preventable diseases
  • Physical or mental disorder
  • Persons determined to be drug abusers or addicts

Criminal Grounds

  • Crimes involving moral turpitude
  • Drug Offenses
  • Prostitution
  • Money Laundering
  • Significant Traffickers in Persons

Economic Grounds

  • Persons likely to become public charge
  • Persons seeking entry for purpose of performing skilled or unskilled labor
  • Certain medical graduates of non-approved schools
  • Uncertified foreign health care workers
  • Former citizens who renounced citizenship for tax purposes
  • Fraud, Material Misrepresentation, and Intending Immigrants

Violations of Immigration Laws Regarding Entry or Documentation

  • Certain Aliens Previously Removed
  • Persons present in the U.S. without Admission or Parole
  • Failure to Attent Removal Proceedings
  • Stowaways
  • Smugglers
  • Document Fraud
  • Student Visa Abuse
  • Persons Unlawfully Present in the U.S.
    • Three-year bar for persons unlawfully present in the U.S. for a period of more than 180 consecutive days but less than one year, who voluntarily depart the U.S. before commencement of proceedings
    • Ten-year bar for persons unlawfully present in the U.S. for a period of more than one year
  • Moral Grounds
    • Persons coming to the U.S. to practice polygamy
    • Persons coming to the U.S. to engage in any immoral sexual acts
  • Miscellaneous Grounds
    • Aliens Ineligible for Citizenship, or Aliens who Evaded the Draft
    • Falsely Claiming Citizenship
    • Unlawful Voting
    • International Child Abduction
    • Illiteracy
  • Security and Related Grounds
  • Espionage, Sabotage, or Illegal Activity
  • Terrorist Activity
  • Nazis, Persons Committing Genocide, Persons Committing Torture
  • Violators of Religious Freedom
  • Other

There are a number of waivers to the above listed grounds for inadmissibility available. For example, the Immigration and Nationality Act waives the 3/10 year bar under 212(a)(9)(B) and 212(a) (9)(C)(ii) & (iii) waives inadmissibility for unlawful reentry after removal or remaining in the U.S. unlawfully for more than one year. These waivers can be obtained through Customs and Boarder Patrol at a port of entry, filed office, or admissibility review office, through USCIS or through a Department of State consulate abroad.

If you believe you might be inadmissible, contact us today to find out if you may qualify to obtain a waiver of inadmissibility.

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Green Card Through Diversity Visa – Lottery

The Diversity Immigrant Visa Program makes 50,000 diversity visas available annually, drawn from random selection among entries of individuals who are from countries with low rates of immigration to the United States.

The U.S. Department of State holds a lottery each year to determine who gets one of the 50,000 diversity visas available. The application time frame typically runs from October through December of each year. Diversity visa lottery winners are notified by mail and, if they qualify, are granted a visa.

Note: Citizens of some countries are not eligible to apply for the diversity lottery.

Eligibility Requirements:

  • An applicant must be selected for the Diversity Visa Lottery Program by the U.S. Department of State
  • An immigrant visa is immediately available at the time of filing Application to Register Permanent Residence or Adjust Status
  • An applicant must be admissible to the United States

One may be eligible to obtain a green card as a derivative applicant through the Diversity Immigrant Visa Program if he/she meets all of the following conditions:

  • An applicant is the spouse or child of the principal applicant
  • An immigrant visa is immediately available at the time of filing Application to Register Permanent Residence or Adjust Status
  • An applicant must be admissible to the United States

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Intake Questionnaires

  • Family Based Questionnaire
  • K-1 Visa Questionnaire
  • Citizenship & Naturalization Questionnaire
  • EB-5 Investor Questionnaire
  • DS-160 Questionnaire

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Why Should You Retain Us to Represent You

Many people mistakenly believe that the Immigration Law is simple, straightforward, and is just form filing. It is true that the Immigration Law involves a lot of forms. However, these forms are determined and supported by a complex set of laws. As a matter of fact, when compared to other laws, Immigration Law was found to be second to the Internal Revenue Code in complexity, not to mention that it constantly changes. Moreover, even relatively simple matters involving immigration matters can become problematic.

The immigration process can be one of the most important events in an individual’s life. It also can be very stressful and confusing. Do not take any chances by doing it yourself. You might save a lot of time and money by retaining an experience Daytona immigration attorney to handle your filings, whether this is a simple green card lottery application or a family based petition. Your lack of experience and the reliance on the generic information on the web could lead to mistakes that could have disastrous effects and may not even be fixable.

At Joe Horrox Law, we can explain all the options available to you and assist you in making the right choices. Our firm can often get results much quicker than someone trying to handle the matter on their own.

Do not take any chances. Call us today to see how we can help you with your immigration matter.