United States Citizens (USC) and Legal Permanent Residents (LPR – Greencard holders) are allowed to Petition to certain family members to immigrate to the USA. The rules and the length of time of the case varies according to the status of the Petitioner (USC or LPR) and the category of the Beneficiary family member (husband/wife, son/daughter, father/mother, brother/sister).
American entities and individuals are allowed to file a Petition for aliens with intention to work in the United States, permanently (immigrant workers) or temporarily (non-immigrant workers).
Immigrant and Non-Immigrant Visas
American visas can only be issued by United States Embassies and Consulates located around the World. In many cases, the law requires a previous Petition to be filed in the United States for the purpose of the Embassy or Consulate to grant the visa in the foreigner’s passport. The visa processing is, many times, an intricate process that requires diligence and professional legal advice.
Legal Permanent Residents (LPR) are Greencard holders, meaning foreigners authorized to live and work in the United States. The legal process to obtain a Greencard is delicate and very specific. Keeping a Greencard valid and in good standing in these days has increasingly become a real challenge that requires the advice of an attorney specialized in the area.
American Citizenship can be acquired by birth or Naturalization. With a few exceptions, persons born in the United States are automatically deemed to be U.S. Citizens. Persons born overseas to one or two-American parents can also receive American Citizenship, depending on the law applicable at the time they were born. For all Legal Permanent Residents that reside in the United States, the only path for Citizenship is through Naturalization.
Immigration Court (Removal/Deportation)
Increasingly, failed immigration petitions and applications have become the reason for the beginning of a Removal case. Previously known as Deportation, illegal aliens constantly face the threat to be brought to Immigration Court. Legal Permanent Residents are also subject to the rules of Removal/Deportation if they fail to maintain their good status and eventually incur in any legal clause of inadmissibility or removability. Immigration Court is a serious proceeding that demands the professional legal advice of a practicing immigration attorney.
Statistically, only 1 in every 3 Asylum applications is approved. Once an Asylum Application is filed, it will have two possible ends: Legal Permanent Residency or Removal/Deportation.