Helen Ramirez, Author at Immigration Attorney in New Jersey

Naturalization

Naturalization is the legal process by which immigrant/permanent resident card holders become U.S. citizens.

To become a naturalized United States citizen, an applicant must:

Must be a Permanent Resident for at least five (5) years;
Permanent Resident for at least three (3) years if lawful permanent residence status was obtained by marriage to a United States citizen;
Resided continuously within the United States from the date of the application up to the time of admission;
Be a person of good moral character; and
Meet government requirements for literacy and knowledge of U.S. history.

Applicants are tested in their ability to read, write and speak words in ordinary usage in the English language Applicants are required to pass an oral history and government examination, even if exempt from the requirement of speaking English. Exceptions to this requirement exist. The exceptions are as follows:

Persons physically unable comply due to permanent disability are exempt from the literacy requirement with an attestation from a licensed medical doctor or licensed clinical psychologist to support their claim of disability.
Applicants who are more than 50 years of age and who have resided in the U.S. for 20 years as permanent resident aliens as of the date of filing the application may be examined in their native language.
Applicants who are more than 55 years of age and who have resided in the U.S. for 15 years as permanent resident aliens as of the date of filing the application may be examined in their native language.

Derivative/Acquisition of Citizenship

There are circumstances under which individuals born abroad to at least one United States citizen parent are also citizens. For this reason, many people are United States citizens without knowing it.
Some children born abroad acquire citizenship at birth; this is known as “acquisition” citizenship. If both parents were US citizens at the time of birth (and at least one parent resided in the United States for a required amount of time) the chances are good the child acquired citizenship. If United States citizenship is not acquired at birth, a child born abroad may automatically derive United States citizenship (“derivative citizenship”) if one parent is a citizen and that parent has been present in the US for a total of 5 years, at least 2 of which were after the age of 14.

To determine whether someone has derived/acquired citizenship is not a straightforward analysis. The law on this matter has changed over the years and it depends on various factors which may vary depending on each individual case.

The information contained on this page is for educational and informative purpose only. This response does not constitute legal advice. The readers of this information should not act based solely on information contained herein.

If you would like more information please contact us at 908-442-6792.

Family Visas

Overview – Family-based Immigrant Visas

The Immigration and Nationality Act (INA) provides two (2) groups of family based immigrant visa categories, including immediate relatives and family preference categories.

Immediate Relative Immigrant Visas: These visa types are based on a close family relationship with a United States (U.S.) citizen also known as an Immediate Relative (IR). Immediate relative visa types include:

IR-1: Spouse of a U.S. Citizen;
IR-2: Unmarried Child Under 21 Years of Age of a U.S. Citizen;
IR-3: Orphan adopted abroad by a U.S. Citizen;
IR-4: Orphan to be adopted in the U.S. by a U.S. citizen; and
IR-5: Parent of a U.S. Citizen who is at least 21 years old.

Family Preference Immigrant Visas: These visa types are for specific family relationships with a U.S. citizen and some certain relationships with a Lawful Permanent Resident (LPR). There are numerical limitations on family preference immigrants, which can be seen at www.travel.state.gov/immigrants/types. The family preference categories are:

Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their minor children, if any.
Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (age 21 and over) of LPRs. At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder is allocated to unmarried sons and daughters.
Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and minor children.
Family Fourth Preference (F4): Brothers and sisters of U.S. citizens, and their spouses and minor children, provided the U.S. citizens are at least 21 years of age.

It is important to note that Grandparents, aunts, uncles, in-laws, and cousins cannot sponsor a relative for immigration.

If you would like more information please contact us at 908-442-6792.

Employment Visas

coming soon

If you would like more information please contact us at 908-442-6792.

Adjustment of Status

What is Adjustment of Status?

Adjustment of status is a procedure allowing certain aliens who are already present in the U.S. to apply for immigrant status.

The Immigration and Nationality Act (INA) permits the change of an individual’s immigration status while in the United States from nonimmigrant or parolee (temporary) to immigrant (permanent) if the individual was inspected and admitted or paroled into the United States and is able to meet all required qualifications for permanent residency in a particular category. The common term for a change to permanent status is “adjustment of status.”According to 8 USCS § 1255 (a) the status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if:

(1) the alien makes an application for such adjustment;
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence; and
(3) an immigrant visa is immediately available to him at the time his application is filed.”

The INA provides an individual two primary paths to permanent resident status. Adjustment of status is the process by which an eligible individual already in the United States can get permanent resident status (a green card) without having to return to their home country to complete visa processing.

If you would like more information please contact us at 908-442-6792.

Afiliaciones

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