Immigrant Visa

The Advantages of US Citizenship

• Right to vote: The ability to elect the leaders of this nation is an exclusive right for U.S. citizens. Becoming one of them gives you the right to vote in Federal elections.
• Reunite your family in the United States: To promote family unity, U.S. citizens and legal residents are allowed to petition certain qualified relatives to come and live permanently in the United States. However, only U.S. citizens usually get priority when petitioning for their loved ones.
• Obtain citizenship for children born abroad: If you are a U.S. citizen and your child is born outside of the country, he or she could become a U.S. citizen automatically.
• Ability to travel into and outside the U.S. freely: Enjoy all the benefits of traveling overseas with a U.S. passport. Get assistance from the U.S. government and feel safer and protected during your trips. At the same time, as a U.S. citizen, you are not restricted on how much time you can spend outside the country. In contrast, permanent residents may lose their status if they leave the country for a certain period of time.
• Collect benefits: Take advantage of the U.S. benefits such as social security and Medicare.
• Become a Federal employee: To be eligible for most Federal jobs, you must be a U.S. Citizen. You could apply and enjoy the benefits of being a Federal worker.
• Become an elected official: Most elected officers in this country require U.S. citizenship.

Understanding Eligibility for Naturalization

To qualify for U.S. citizenship, applicants must meet specific eligibility criteria, including:

• Lawful Permanent Residency: Must have held a valid green card for at least five years (or three years if married to a U.S. citizen).
  
• Physical Presence: Must have spent at least half of the required residency period within the U.S.
  
• English Language and Civics Test: Must demonstrate proficiency in English and pass a test on U.S. history and government.

Applicants with disabilities or military service may qualify for certain exemptions. A naturalization attorney assists in determining eligibility and preparing a strong application. Learn more about how our firm can help with the citizenship process by visiting our immigration services.

Adjustment of Status vs. Consular Processing

The process for individuals applying for a green card depends on whether they are currently in the U.S. or abroad. Adjustment of status allows applicants within the U.S. to apply for lawful permanent residency without leaving the country. At the same time, consular processing requires applicants outside the U.S. to complete their visa application at a U.S. embassy or consulate.

Each process involves specific documentation, medical examinations, and interviews. An immigrant visa lawyer ensures that applications are correctly prepared and submitted, reducing the risk of delays. For individuals or employers seeking guidance on visa processing, visit The Bernard Firm P.L.C. for more information on our legal services.

Common Challenges in Immigrant Visa Applications

Applying for an immigrant visa can be a detailed and time-sensitive process. Common obstacles that applicants may encounter include:

• Incomplete Documentation: Errors or missing forms can result in processing delays.
  
• Legal Barriers: Certain applicants may face inadmissibility due to past immigration violations, criminal history, or failure to meet financial sponsorship requirements.
  
• Requests for Evidence (RFEs): USCIS may issue an RFE requesting additional documents.

A knowledgeable immigrant visa attorney helps applicants overcome these challenges by ensuring compliance with U.S. immigration laws and regulations.

Waivers for Inadmissibility

Certain applicants may be deemed ineligible for an immigrant visa due to past legal or immigration issues. Some waivers available to overcome these barriers include:

• I-601 Waiver: For unlawful presence, fraud, or misrepresentation.
  
• I-601A Provisional Waiver: Allows applicants to seek a waiver before leaving the U.S. for consular processing.
  
• I-212 Waiver: Required for individuals with prior removal or deportation orders.

Family-Based Immigrant Visas

Family reunification is a key component of U.S. immigration law. U.S. citizens and lawful permanent residents can sponsor eligible family members for immigrant visas. Immediate relatives, such as spouses, parents, and unmarried children under 21, are given priority.

A family-based immigrant visa attorney assists with filing petitions, gathering supporting documents, and ensuring compliance with sponsorship requirements. Petitioners must also submit an Affidavit of Support (Form I-864) to demonstrate financial ability to support the beneficiary.

Employment-Based Immigrant Visas

Individuals seeking permanent residency through employment may qualify for an employment-based immigrant visa. These visas are divided into preference categories based on job skills, education, and experience:

• EB-1: Priority workers, including individuals with extraordinary abilities and multinational executives.
  
• EB-2: Professionals with advanced degrees or individuals with exceptional abilities.
  
• EB-3: Skilled workers and professionals in occupations with labor shortages.

Employers sponsoring foreign workers must comply with PERM labor certification requirements. An immigrant visa attorney assists in handling labor certification and employment-based petition filings.

Removal of Conditions for Conditional Residents

Certain individuals receive conditional permanent resident status, requiring them to file Form I-751 (Petition to Remove Conditions on Residence) before their two-year conditional period expires.

Applicants must provide evidence that the marriage was entered in good faith. An immigrant visa lawyer ensures all required documentation is submitted and helps respond to any USCIS inquiries.

Preserving Permanent Residency for Naturalization

For green card holders who travel frequently or live abroad for extended periods, maintaining eligibility for naturalization requires careful planning.

Certain applicants may qualify for Form N-470 (Application to Preserve Residence for Naturalization Purposes) if employed by the U.S. government, international organizations, or American companies operating abroad. An immigrant visa attorney provides guidance on maintaining residency status while fulfilling professional obligations outside the U.S.

Ensuring a Smooth Application Process

Filing an immigrant visa or naturalization application requires accuracy, compliance with legal requirements, and timely submission. Common errors, such as incorrect form completion or missing documentation, can result in delays or denials. A naturalization lawyer ensures that all paperwork is prepared correctly and that applicants meet eligibility criteria before filing.

Legal representation also helps applicants respond to RFEs, attend USCIS interviews, and address any issues that arise during the process. Whether you are applying for an immigrant visa, adjusting status, or seeking naturalization, working with an immigrant visa attorney ensures a well-organized and legally sound application.