Immigration Law Services

In the United States bringing families together is a fundamental part of immigration policy. One common way for people to become residents (get a green card) in the U.S. Is through Family Based Adjustment of Status. This process allows eligible individuals to change their immigration status from temporary to resident if they have a valid family tie, with a U.S. Citizen or lawful permanent resident.  This is known as a Family Based Adjustment of Status.

Who Qualifies?

To be eligible for Family-Based Adjustment of Status, the applicant must possess a close familial relationship with a U.S. citizen or lawful permanent resident who will act as their sponsor. Acceptable familial relationships include:

- Spouses of U.S. citizens or lawful permanent residents.

- Unmarried children under 21 of U.S. citizens or lawful permanent residents.

- Parents of U.S. citizens (if the U.S. citizen is at least 21 years old).

- Unmarried adult children (21 or older) of U.S. citizens.

- Married children of U.S. citizens.

- Siblings of U.S. citizens (if the U.S. citizen is at least 21 years old).

The Process of Adjusting Status

The process of Family-Based Adjustment of Status involves several key stages:

Sponsorship: The U.S. citizen or lawful permanent resident family member must submit an immigrant petition on behalf of the intending immigrant (the beneficiary). This establishes the qualifying relationship and initiates the process.

Visa Bulletin: The availability of immigrant visas is subject to annual numerical limits and preferences based on family relationships. Applicants must wait for their priority date to become current according to the Visa Bulletin prior to proceeding.

I-485 Application: Once the priority date is current, the beneficiary can file Form I-485, Application to Register Permanent Residence or Adjust Status. This form serves as the main application for adjusting status to that of a lawful permanent resident.

Biometrics and Interview: Applicants are usually required to attend a biometrics appointment to provide fingerprints and other information for background checks. Some applicants may also be summoned for an interview to verify the validity of their application.

Decision: USCIS will review the application, conduct background checks, and make a determination. If approved, the applicant will be granted legal permanent resident status.

Advantages of Family-Based Adjustment of Status

Family-Based Adjustment of Status provides several benefits:

Family Cohesion: It enables families to reunite and reside together in the United States.

Path to Naturalization: After a specific period as a permanent resident, individuals may be eligible to apply for U.S. citizenship.

Work Authorization: While the application is under review, applicants can often obtain work authorization, allowing them to work legally in the U.S.

Access to Social Services: Permanent residents have access to a wide array of social services and benefits.

Navigating the Family-Based Adjustment of Status process can be complex and time-consuming. It's essential to consult with an experienced immigration attorney who can guide you through each step, help you gather the necessary documentation, and ensure your application is filed correctly. At Usher Law Firm, we have extensive experience in family-based immigration matters. Contact us today to discuss your case and take the first step toward reuniting your family in the United States.

The K 1 visa, commonly referred to as the "fiancé visa " is a choice for U.S. Citizens who have discovered love with an individual from a different country and wish to tie the knot, in the United States. This specific visa allows the couple to enter the U.S. With the intention of getting married within 90 days after arrival. Following marriage the foreign partner can proceed to apply for residency by adjusting their status.

Eligibility and Requirements

To qualify for the K 1 visa certain criteria must be met;

U.S. Citizenship: The person petitioning must be a U.S. Citizen since permanent residents cannot sponsor a fiancé or fiancée through the K 1 visa.

Intent to Marry: Both the U.S. Citizen petitioner and the foreign fiancé or fiancée must genuinely intend to marry within 90 days of the partners arrival in the U.S.

Prior Meeting: The couple must have personally met at once within two years prior to filing the K 1 visa petition. Some exceptions may apply in cases where meeting in person would cause hardship.

The Process for Obtaining a K 1 Visa

Obtaining a K 1 visa involves steps:

Filing a Petition: To initiate the process the U.S. Citizen petitioner needs to submit Form I 129F, known as the Petition, for Alien Fiancé(e) to the U.S. Citizenship and Immigration Services (USCIS). Once approved USCIS will forward the petition to the U.S. Embassy or consulate situated in the home country of the fiancé or fiancée.

Under processing the foreign fiancé or fiancée will be required to attend an interview at their home country's U.S. Embassy or consulate. If their application is approved they will be granted a K 1 visa.

After arriving in the United States it is essential for the fiancé to marry their U.S. Citizen petitioner within a period of 90 days.

Once married the foreign spouse can apply for adjustment of status by submitting Form I 485 also known as Application to Register Permanent Residence or Adjust Status. This application enables them to become a resident.

The K 1 visa offers benefits, for couples who wish to get married and establish their life together in the United States:

1. Family Reunification: It provides a pathway for couples to be united in America and begin their life together.
2. Adjustment of Status: After marriage the foreign spouse can seek resident status and eventually pursue U.S. Citizenship.
3. Work Authorization: During the time when adjustment of status application is being processed it is often possible forthe fiancé/fiancée to obtain work authorization.

Travel: With a K 1 visa your fiancé can freely travel to and, from the United States within the 90 day period to your marriage.

Get Legal Assistance

Obtaining a K 1 visa can be quite a rollercoaster, both emotionally and logistically. It's crucial to connect with an immigration lawyer who can guide you through the process gather all documents and ensure you meet all the requirements. Here at Usher Law Firm our committed team has a history of reuniting couples through the K 1 visa program. Reach out to us today to chat about your situation and begin your journey towards love, marriage and a shared future, in the United States..

Eligibility for Naturalization

To be eligible for naturalization individuals typically need to meet the following requirements;

1. Permanent Resident Status: The applicant must hold resident status (green card) for a specific period, usually five years or three years if married to a U.S. Citizen.
2. Continuous Residence: During the required period of residency applicants must have continuously lived in the United States without absences.
3. Physical Presence: Applicants must demonstrate their presence in the U.S. For a period within their permanent residency duration.
4. Good Moral Character: Applicants must exhibit character throughout the necessary timeframe. Eligibility can be affected by convictions or other moral character issues.
5. English Language Proficiency: Applicants should show their understanding of the language by demonstrating reading, writing and speaking skills. Some exceptions are available, for disabled applicants.
6. U.S.. History Knowledge: Applicants need to pass a civics test that assesses their knowledge of U.S. Government and history.

The process of becoming a naturalized citizen involves steps:

Step 1: Completing Form N 400; To begin the naturalization process individuals must fill out and submit Form N 400, known as the Application, for Naturalization to the U.S. Citizenship and Immigration Services (USCIS). Along with the form applicants need to provide supporting documents and pay the required fees.

Step 2: Biometrics Appointment; After submitting their application USCIS will schedule an appointment for collection. This involves taking fingerprints, photographs and capturing a signature for conducting background checks.

Step 3: Interview and Civics Test; Most applicants are required to attend an interview with USCIS. During this interview they will be assessed on their knowledge of U.S. Government and history. They will also be tested on their ability to speak and understand English.

Step 4: Oath of Allegiance; If the application is approved the applicant will be scheduled to attend a naturalization ceremony where they will take the Oath of Allegiance. This ceremony officially grants them U.S. Citizenship.

Advantages of Naturalization

Becoming a citizen offers benefits that include;:

1. Voting Rights: As a U.S. Citizen individuals gain the right to vote in elections and actively participate in shaping democracy.
2. Passport Eligibility: Citizens can acquire a U.S. Passport making international travel more convenient and accessible.
3. Family Reunification Opportunities: Citizens have flexibility in sponsoring relatives, for immigration benefits compared to permanent residents.
4. Safety: American citizens receive added protection, against deportation. Are entitled to the safeguard of United States laws.

Navigating the Process of Naturalization

Becoming a citizen is a journey that holds deep personal meaning. For an experience its recommended to consult with an immigration attorney who can help with paperwork, interview preparation, civics exams and any legal issues that may come up. Usher Law Firm has a history of assisting people in achieving their goal of becoming U.S. Citizens through naturalization. Get in touch with us today to start your journey, towards U.S. Citizenship and all the rights and benefits that come with it.

Temporary Protected Status (TPS) is an immigration program, with a focus. It offers relief to individuals who are unable to safely return to their home countries due to ongoing armed conflicts, environmental disasters or other exceptional circumstances. The main goal of TPS is to protect populations and ensure their safety while they reside in the United States.

Eligibility for TPS

To qualify for TPS an individual must meet criteria:

Designated Countries: TPS is available to nationals of countries that the U.S. Government designates as unsafe for return. This designation can be based on factors like conflicts, natural disasters or epidemics.

Continuous Residence: Applicants must have continuously lived in the United States since the date when their country received TPS designation.

Criminal Background: TPS applicants undergo background checks and those with convictions might not be eligible.

Timely Filing: Applicants are required to submit their TPS applications during the designated registration period or within 60 days of a designated countrys announcement.

The Process of Obtaining TPS

The process of obtaining TPS typically involves these steps:

Registration Period: When a country receives a TPS designation USCIS announces a period during which eligible nationals, from that country can apply for TPS benefits.

To apply for Temporary Protected Status (TPS) applicants need to complete and submit Form I 821 along, with any supporting documents and fees.

As part of the application process USCIS will schedule appointments for applicants to provide their fingerprints. Have their photographs taken for background checks.

If the TPS application is approved the applicant will be granted protected status, which includes employment authorization.

To maintain their TPS status beneficiaries must re register during designated renewal periods. These periods typically occur every 18 months. May vary depending on the country of origin.

TPS offers benefits:

1. Protection from Deportation: While their country is under TPS designation beneficiaries are shielded from deportation.
2. Work Authorization: TPS recipients can obtain work authorization allowing them to support themselves and their families while in the U.S.
3. Travel Authorization: TPS beneficiaries can apply for travel authorization to visit their home country temporarily or for reasons.
4. Drivers Licenses: Many states grant drivers licenses to individuals, with TPS status enabling them to drive 

Get Legal Guidance

It is crucial to seek guidance when navigating the complex process of obtaining TPS. If you're looking for assistance, with immigration matters it's beneficial to consult an immigration attorney. They can provide guidance on eligibility requirements assist with gathering the documentation accurately complete the application and handle any potential issues or obstacles that may arise. Our law firm, Usher Law Firm is home, to immigration attorneys who possess knowledge of Temporary Protected Status (TPS). We have successfully aided individuals in obtaining protection and work authorization in the United States. Feel free to get in touch with us today to discover how we can help you or your loved ones during times by seeking the benefits of Temporary Protected Status and ensuring their safety.

The E 2 visa, also referred to as the Treaty Investor Visa is an immigration option that aims to encourage individuals to invest in and develop businesses, within the United States. This particular visa category is quite popular among entrepreneurs, investors and business owners who have the desire to actively manage and grow their enterprises in the U.S. In this discussion we will explore the aspects of the E 2 visa. How it can be advantageous for both investors and the U.S. Economy.

Eligibility for E 2 Visa

To qualify for the E 2 visa applicants must meet requirements:

Treaty Country: The applicant must be a citizen of a country that has a treaty of commerce and navigation with the United States. Many countries, including trading partners have treaties in place.

Significant Investment: The applicant is required to make a capital investment in an U.S. Enterprise. This investment must involve some level of risk. Be committed towards generating profits.

Ownership and Control: The applicant must hold an ownership stake in the enterprise. Maintain either operational or managerial control, over its operations.

Enterprise Development: It is important that the business is not considered marginal; this means that it should possess capacity to generate income that can support both the investor and any employed individuals.

The Process of Obtaining an E 2 Visa

Typically the process of obtaining an E 2 visa involves the steps:

1. Establishing a Business: The investor needs to establish or acquire a qualifying enterprise, in the United States. This can involve starting a business or purchasing an existing one.
2. Making an Investment: The investor is required to invest an amount of capital into the enterprise. The specific investment threshold may vary depending on factors such as the type of business.
3. Applying for the E 2 Visa: The investor fills out. Submits Form DS 160, which's the Online Nonimmigrant Visa Application and then schedules an appointment at the U.S. Embassy or consulate in their home country.
4. Attending an Interview: The applicant attends an interview at the U.S. Embassy or consulate during which they provide documentation supporting their eligibility and demonstrating that their business is viable.
5. Receiving the Visa: If approved the investor will be issued an E 2 visa granting them permission to enter and stay in the United States.

Benefits Associated with the E 2 Visa

The E 2 visa offers advantages for investors and entrepreneurs:

1. Flexibility: Holders of E 2 visas have the option to renew their visas long as they maintain their investment and keep their enterprise viable.
2. Work Authorization: E 2 visa holders are authorized to work for and manage day, to day operations within their invested business.
3. Dependents: E 2 visa holders can bring their spouse and unmarried children under 21 with them to the United States and these dependents are eligible to work.
4. Promoting Economic Growth: The E 2 visa plays a role, in driving growth in the United States by attracting foreign investment and generating job opportunities.

Seeking Legal Guidance for the E 2 Visa

Successfully navigating through the E 2 visa process requires an understanding of U.S. Immigration laws and regulations. It is highly recommended to consult with an immigration attorney who can provide assistance in selecting the business venture ensuring compliance with all requirements and preparing a strong E 2 visa application. At Usher Law Firm we have assisted investors and entrepreneurs in realizing their dreams of owning and developing businesses in the United States through the E 2 visa program. Get in touch with us today to explore your options and embark on your journey towards success in America.

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Immigration services on Saturday by appointment.

Rejections, denials and incorrect fillings cost time and money.  Do it right the first time.