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What are preference categories?
When it comes to immigration, many people choose one of two popular paths. They either go with employment-based immigration options, or family-based immigration options. If you choose to go through family-based options, you need to understand immigration eligibility and preferences.
The preference system is particularly important to understand. How does it work? What are the categories? And how will it affect your ability to bring over your loved ones?
Immediate relatives
The U.S. Citizenship and Immigration Services discusses preference categories for green cards. First of all, what is this system? When you want to immigrate a relative, they must get an immigrant visa number. This number comes from the preference category that they fall under.
Renewing a green card: What you should know
If you are a green card holder, you have permanent residence in the United States. Not only does your card enable you to work in the country, it is proof that you have completed the process and can live in the U.S. without worry.
It is important to understand the renewal process, as well as the requirements for obtaining and maintaining your green card.
When is it time to renew your card?
Depending on the type of green card you have, you must renew your permanent resident card periodically. While most cards are valid for 10 years, those with conditional permanent resident status must be renewed every two years.
You should initiate the renewal process if your card will expire in six month or is already expired. If you have a conditional green card, you should look into removing the conditions of the card 90 days before it expires.
What is required before applying for naturalization?
The process of becoming a U.S. citizen encompasses several steps including naturalization. This portion includes a test to assess your understanding of the language, history and civic responsibility of being a citizen of the United States of America.
Before you receive approval to take the naturalization test, you must first pass a list of requirements. Knowing these requirements can help you to complete each task with confidence.
Preparing for success
The more prepared you are for taking the naturalization test the higher your chances of receiving approval. According to the U.S. Citizenship and Immigration Services, some of the requirements you must complete include the following:
- Demonstrate an understanding of the English language including reading, writing and speaking
- Have possessed a legitimate green card for at least 5 years
Defining potential barriers to citizenship
If you have the goal of becoming a U.S. citizen, then you likely know the many complexities inherent with the naturalization process. The last thing you want to have to worry about is how your actions in Texas may impact the potential of reaching your goal. A criminal conviction in particular may call that all into question.
Many facing such a dilemma come to us here at the Law Office of Jae Lee wondering whether having a criminal conviction on their records bars them from securing citizenship. If you share the same question, then understanding exactly which actions disqualify you from gaining citizenship may help you avoid any unnecessary stress and grief.
What actions bar one from becoming a citizen?
Per the U.S. Citizenship and Immigration Services, there are certain types of crime that may permanently bar you from becoming a citizen. These include murder, offenses that amount to aggravated felonies, or incidents of severe violations of religious freedoms (such as persecuting and/or torturing one due to their beliefs, or participating in acts of genocide).
What are the immigration options for relatives of U.S. citizens?
Preserving family bonds is one of the guiding principles of U.S. immigration policy. For this reason, legal immigrants may be able to petition for visas or Green Cards that allow family members to reside in the states legally.
Immigrants who already have citizen status may sponsor an immediate relative, such as a spouse/fiancé, child or parent. However, extended relatives may also be able to come to the U.S. under the family preference system.
Immediate relatives
Parents, spouses and children (under age 21) of U.S. citizens have the highest preference for gaining legal permanent residency. However, to petition for a parent, the citizen applying must be at least age 21.
Fiancé visas (K-1)
U.S. citizens marrying a foreign fiancé may apply for a K-1 visa. However, the visa may only be valid if the marriage takes place within 90 days of the fiancé’s admission to the U.S.
What are the basics of family-based immigration?
Once you settle in the United States and have everything in order to legally set up your life here, you will probably want to find out how to bring your family to the country. The U.S. does offer some options for family-based immigration because it believes family unification is important.
However, the American Immigration Council explains there are quite a few restrictions in place, and the process is not always easy.
The family preference system limit
As a legal permanent resident, you can bring family members to the U.S. through the family preference system. The system has a limit on the number of visas issued each year, so there is no guarantee that it will be a quick process.
The limit is in place to help keep control over the number of immigrants coming into the country based on family relationships. It helps to leave room for immigrants coming here for other reasons. You likely came here under another type of visa, and without the family limits, you may never have gotten your visa to come here in the first place.
Can you appeal a denied asylum application?
Seeking asylum in the United States is a stressful affair. After all, you have a lot riding on the decision. Seeing a denial on your asylum application can feel like the end of the world because of this.
Fortunately, that is not the case. Even if your asylum application gets denied, you still have avenues to pursue an appeal.
Appealing in stages
The U.S. Citizenship and Immigration Services discusses what you can do if your application got an unfavorable decision. You must approach your appeal in stages depending on the responses you get. For example, at the start, you will get a grant or denial from the asylum office. If eligible for an appeal after a denial, you will get a reference to an immigration court. Here, the Immigration Judge hears your case.
If the court denies your appeal, you can escalate to the Board of Immigration Appeals (BIA). You must do so within 30 days of an immigration court judge making their decision. Appeals to the BIA often happen entirely through paper. In-person appearances rarely happen. Note that it can take the BIA a year or even longer to render a decision on your case.
Understanding conditional permanent residency
In the majority of cases, green cards are valid for 10 years before you must renew the document. However, there are some specific instances where you or a loved one may have what the U.S. government calls “conditional permanent residency.”
Conditional permanent residents have the same rights as a regular permanent resident. According to U.S. Citizenship and Immigration Services, persons who hold conditional permanent residencemust petition to removethe conditions.
Why does conditional permanent residency exist?
The majority of conditional permanent residents in the United States are spouses of U.S. citizens. If you have the rights to live in the U.S. through marriage, your first green card will be temporary. You will be eligible for permanent residency after the first two years.
What is a joint sponsor?
One of the most important requirements for the K-1 fiance visa is to meet the income requirements. In the case of the K-1 fiance visa, the “sponsor” for the visa is the American citizen spouse. In order for the U.S. government to give the non-American spouse a K-1 visa, the sponsor must prove that he or she has sufficient income.
In the event that the American sponsor does not have sufficient income for a K-1 fiance visa on his or her salary alone, he or she can either use additional assets (if available) or a joint sponsor. According to Rapid Visa, a joint sponsor is a third-party individual who agrees to sign an affidavit of support to help the sponsor qualify for a K-1 fiance visa.
Who can be our joint sponsor?
In order for a person to act as your joint sponsor, he or she must meet specific requirements. Your joint sponsor must be no younger than 18 years old. This person also needs to either be a US citizen or a permanent resident. This individual must also have a domicile in the United States and meet the minimum income requirement for the K-1 visa on his or her own.
Are you preparing to bring your intended to America?
You are no doubt excited about your coming marriage and bringing your fiancée to the U.S.
A K-1 nonimmigrant visa will allow your fiancée to travel to the United States, but what happens then?
Filing Form I-129F
As a U.S. citizen, you are the petitioner who must file Form I-129F, the Petition for Alien Fiancée, with the United States Citizenship and Immigration Services. You must show that you and your intended are free to marry and that the marriage will take place within 90 days of her admission to the U.S. as a K-1 nonimmigrant. As part of the Form I-129F process, the USCIS will perform background checks on both you and your fiancée. The Department of State will notify you when she may apply for the K-1 visa.
Working with the DOS
The DOS will also perform a background check on your fiancée. When it is time for her visa interview, she must show proof of a medical examination along with proof of her relationship with you. Once approved, the DOS will issue a K-1 visa that will be valid for six months. Remember that this nonimmigrant visa will only permit your fiancée to travel to a U.S. port of entry. It does not guarantee admittance to the country. However, if all goes well, she will enter, and you can go on with your wedding plans.
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