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Immigration Law Practice
The Law Office of Jason Karavias, Esq.
provides legal representation of clients in the following areas of
United States Immigration Law:
United States Citizenship
United States Permanent Residence
Family Based Petitions
·
Husband or Wife
·
Mother and Father
·
Sons and Daughters
·
Brothers and Sisters
Marriage
to United States Citizen
Self-Petitions
·
Battered Spouses or Children of United States
Citizens and Permanent Residents
United
States Visas
United
States Citizenship
The following are the general requirements to
become a naturalized United States Citizen:
Age
Applicants must be at least 18 years old.
Residency
An applicant must have been lawfully admitted
to the United States for permanent residence. Lawfully admitted
for permanent residence means having been legally accorded the
privilege of residing permanently in the United States as an
immigrant in accordance with the immigration laws. Individuals
who have been lawfully admitted as permanent residents will be
asked to produce an I-551, Alien Registration Receipt Card, as
proof of their status.
Residence and Physical Presence
An applicant is eligible to file if,
immediately preceding the filing of the application, he or she:
- has been lawfully admitted for permanent
residence;
- has resided continuously as a lawful
permanent resident in the U.S. for at least 5 years prior to
filing with no single absence from the United States of more
than one year;
- has been physically present in the United
States for at least 30 months out of the previous five years
(absences of more than six months but less than one year shall
disrupt the applicant's continuity of residence unless the
applicant can establish that he or she did not abandon his or
her residence during such period)
- has resided within a state or district for
at least three months.
Good Moral Character
Generally, an applicant must show that he or
she has been a person of good moral character for the statutory
period (typically five years or three years if married to a U.S.
citizen) prior to filing for naturalization. An applicant is
permanently barred from naturalization if he or she has been
convicted of an aggravated felony. A person also cannot be found
to be a person of good moral character if during the last five
years he or she:
- has committed and been convicted of one or
more crimes involving moral turpitude
- has committed and been convicted of 2 or
more offenses for which the total sentence imposed was 5 years
or more
- has committed and been convicted of any
controlled substance law, except for a single offense of simple
possession of 30 grams or less of marijuana
- has been confined to a penal institution
during the statutory period, as a result of a conviction, for an
aggregate period of 180 days or more
- has committed and been convicted of two or
more gambling offenses
- is or has earned his or her principal
income from illegal gambling
- is or has been involved in prostitution or
commercialized vice
- is or has been involved in smuggling
illegal aliens into the United States
- is or has been a habitual drunkard
- is practicing or has practiced polygamy
- has willfully failed or refused to support
dependents
- has given false testimony, under oath, in
order to receive a benefit under the Immigration and Nationality
Act.
Language
Applicants for naturalization must be able to
read, write, speak, and understand words in ordinary usage in the
English language. Applicants exempt from this requirement are
those who on the date of filing:
- have been residing in the United States
subsequent to a lawful admission for permanent residence for
periods totaling 15 years or more and are over 55 years of age;
- have been residing in the United States
subsequent to a lawful admission for permanent residence for
periods totaling 20 years or more and are over 50 years of age;
or
- have a medically determinable physical or
mental impairment, where the impairment affects the applicant’s
ability to learn English.
United States Government and History
Knowledge
An applicant for naturalization must
demonstrate a knowledge and understanding of the fundamentals of
the history and of the principles and form of government of the
United States. Applicants exempt from this requirement are those
who, on the date of filing, have a medically determinable physical
or mental impairment, where the impairment affects the applicant’s
ability to learn U.S. History and Government
Applicants who have been residing in the U.S.
subsequent to a lawful admission for permanent residence for at
least 20 years and are over the age of 65 will be afforded special
consideration in satisfying this requirement.
Oath of Allegiance
To become a citizen, one must take the oath
of allegiance. By doing so, an applicant swears to:
- support the Constitution and obey the laws
of the United States.;
- renounce any foreign allegiance and/or
foreign title; and
- bear arms for the Armed Forces of the
United States or perform services for the government of the
United States when required.
- In certain instances, where the applicant
establishes that he or she is opposed to any type of service in
armed forces based on religious teaching or belief, such
applicant will be permitted to take a modified oath.
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United States
Permanent Residence
Family Based Petitions
Eligibility
To be eligible to sponsor a relative to
immigrate to the United States you must meet the following
criteria:
- You must be a citizen or a lawful
permanent resident of the United States and be able to provide
documentation proving your status.
- You must prove that you can support your
relative at 125% above the mandated poverty line.
United States Citizen Petitioner
If you are a United States Citizen, you may
petition for the following foreign national relatives to immigrate
to the United States:
- Husband or Wife;
- Son or Daughter;
- Brother or Sister, if you are at least 21
years old; or
- Parent, if you are at least 21 years old.
United States Lawful Permanent Resident
Petitioner
If you are a United States lawful permanent
resident, you may petition for the following foreign national
relatives to immigrate to the United States:
- Husband or Wife; or
- Unmarried Son or Daughter of any age.
Family Preference Categories
The relative you wish to immigrate must
obtain an immigrant visa number that is based on the preference
category in which they fall.
People who want to become immigrants are
classified into categories based on a preference system. The
immediate relatives of U.S. citizens, including parents, spouses
and unmarried children under the age of 21, do not have to wait
for an immigrant visa number to become available once the visa
petition filed for them is approved. An immigrant visa number
will be immediately available for immediate relatives of U.S.
citizens.
The relatives in the remaining categories
must wait for an immigrant visa number to become available
according to the following preferences:
- First Preference: Unmarried, 21
years of age or older sons and daughters of U.S. citizens.
- Second Preference: Spouses of
lawful permanent residents, their unmarried children under 21
years of age, and the unmarried sons and daughters of lawful
permanent residents.
- Third Preference: Married sons and
daughters of U.S. citizens.
- Fourth Preference: Brothers and
sisters of adult U.S. citizens.
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Marriage to a United
States Citizen
Marriages within the United States
The United States citizen and the
foreign-born spouse must submit an application establishing the
marriage and requesting that the foreign-born spouse be granted
permanent residency based upon the marriage. The burden is upon
the parties to demonstrate that the marriage was entered into in
good faith, and not simply to obtain permanent residency for the
foreign-born spouse.
After submission of the initial application,
an interview will eventually be scheduled. The interview is used
to evaluate the spouses in person to determine whether the
marriage is a good faith marriage. If the individual requested
employment authorization for the foreign-born spouse, a work
authorization card will be issued that will enable the foreign
spouse's legal employment while the permanent residency petition
is pending. This work authorization card may take anywhere from a
few days to three months to be issued.
Marriages outside the United States
The foreign-born spouse must normally remain
in his/her country until he/she obtains permanent residency.
If the foreign-born spouse must remain
abroad, when the petition submitted by the U.S. citizen spouse is
approved, the foreign-born spouse will receive a packet of
information and requests from the National Visa Center and/or the
consulate. An interview will be scheduled at the appropriate U.S.
consulate or embassy.
Conditional Residence (Marriages that are
less than two years old)
If you have been married less than two years
when your spouse is granted lawful permanent resident status, your
spouse will receive permanent resident status on a conditional
basis. You and your spouse must apply together to remove the
conditions on residence. You must apply to remove conditional
status within 90 days before the 2-year anniversary of the award
date of your spouse’s conditional legal permanent resident status.
If you fail to file during this time, your spouse will be
considered out of status as of the 2-year anniversary, and may be
subject to removal from the U.S.
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Self-Petitions
Battered Spouse or Child of United States
Citizens and Permanent Residents
Generally, U.S. citizens and Lawful Permanent
Residents file an immigrant visa petition on behalf of a spouse or
child, so that these family members may emigrate to or remain in
the United States. Unfortunately, some U.S. citizens and Lawful
Permanent Residents misuse their control of this process to abuse
their family members, or by threatening to report them to
Immigration. As a result, most battered immigrants are afraid to
report the abuse to the police or other authorities.
Under the Violence Against Women Act (VAWA)
passed by Congress in 1994, the spouses and children of United
States citizens or lawful permanent residents may self-petition to
obtain lawful permanent residency. The immigration provisions of
VAWA allow certain battered immigrants to file for immigration
relief without the abuser's assistance or knowledge, in order to
seek safety and independence from the abuser. Although the
self-petitioning provisions for victims of domestic violence are
contained in the Violence Against Women Act, they apply equally to
victims of either sex.
Eligibility
To be eligible to file a self-petition (an
application that you file for yourself for immigration benefits)
you must qualify under one of the following categories:
- Spouse: You may self-petition if
you are a battered spouse married to a U.S. citizen or lawful
permanent resident. Unmarried children under the age of 21, who
have not filed their own self-petition, may be included on your
petition as derivative beneficiaries.
- Parent: You may self-petition if
you are the parent of a child who has been abused by your U.S.
citizen or lawful permanent resident spouse. Your children
(under 21 years of age and unmarried), including those who may
not have been abused, may be included on your petition as
derivative beneficiaries, if they have not filed their own
self-petition.
- Child: You may self-petition if you
are a battered child (under 21 years of age and unmarried) who
has been abused by your U.S. citizen or lawful permanent
resident parent.
Basic Requirements
The self-petitioning spouse,
- Must be legally married to the U.S.
citizen or lawful permanent resident batterer. A self-petition
may be filed if the marriage was terminated by the abusive
spouse’s death within the two years prior to filing. A
self-petition may also be filed if the marriage to the abusive
spouse was terminated, within the two years prior to filing, by
divorce related to the abuse.
- Must have been battered in the United
States unless the abusive spouse is an employee of the United
States government or a member of the uniformed services of the
United States.
- Must have been battered or subjected to
extreme cruelty during the marriage, or must be the parent of a
child who was battered or subjected to extreme cruelty by the
U.S. citizen or lawful permanent resident spouse during the
marriage.
- Is required to be a person of good moral
character.
- Must have entered into the marriage in
good faith, not solely for the purpose of obtaining immigration
benefits.
The self-petitioning child:
- Must qualify as the child of the abuser as
"child" is defined in the Immigration and Naturalization Act for
immigration purposes.
- Any relevant credible evidence that can
prove the relationship with the parent will be considered.
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United States Visas
Fiancé(e) Visas
If your fiancé(e) is not a citizen or
permanent resident of the United States and you plan to get
married in the United States, then you must file a petition on
behalf of your fiancé(e). After the petition is approved, your
fiancé(e) must obtain a visa issued at a U.S. Embassy or consulate
abroad. The marriage must take place within 90 days of your
fiancé(e) entering the United States. If the marriage does not
take place within 90 days or your fiancé(e) marries someone other
than you, your fiancé(e) will be required to leave the United
States. A fiancé(e) may not obtain an extension of the 90-day
original nonimmigrant admission.
If your fiancé(e) intends to live and work
permanently in the United States, your fiancé(e) should apply to
become a permanent resident after your marriage. (If your
fiancé(e) does not intend to become a permanent resident after
your marriage, your fiancé(e)/new spouse must leave the country
within the 90-day original nonimmigrant admission.)
Eligibility
U.S. citizens who will be getting married to
a foreign national in the United States may petition for a
fiancé(e) classification for their fiancé(e). You and your
fiancé(e) must be free to marry. This means that both of you are
unmarried, or that any previous marriages have ended through
divorce, annulment or death. You must also have met with your
fiancé(e) in person within the last two years before filing for
the fiancé(e) visa. This requirement can be waived only if
meeting your fiancé(e) in person would violate long-established
customs, or if meeting your fiancé(e) would create extreme
hardship for you. You and your fiancé(e) must marry within 90
days of your fiancé(e) entering the United States.
You may also apply to bring your fiancé(e)'s
unmarried children, who are under age 21, to the United States.
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Religious Workers Visas
A religious worker is an alien coming to the
United States temporarily to work:
- As a minister of religion,
- As a professional in a religious vocation
or occupation, or
- For a bona fide nonprofit religious
organization at the request of the organization, in a religious
occupation which relates to a traditional religious function.
The applicant (religious worker) must have
been a member of a religious denomination having a nonprofit
religious organization in the United States for at least the two
years immediately prior to the application date. To be eligible,
the U.S. petitioning organization must be a nonprofit religious
organization granted (or eligible for) tax exempt status, and must
demonstrate that it can and will provide for all of the
beneficiary’s financial and physical needs.
Dependents (spouses and unmarried children
under 21 years of age) of religious workers are entitled to
derivative status with the same restrictions as the principal.
Dependents may be students in the U.S., but may not be employed
under the derivative classification.
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Extension of Stay of
Visitors
If you want to extend your stay as a visitor
in the United States, then you must ask for permission before your
authorized stay expires.
You may apply to extend your stay if you were
lawfully admitted into the United States with a nonimmigrant visa,
your nonimmigrant visa status remains valid, and you have not
committed any crimes that would make you ineligible. Please note,
you must submit the application for an extension of stay BEFORE
your current authorized stay expires. You must also keep your
passport valid for your entire stay in the United States.
Applicants must continue to demonstrate that
they are properly classifiable as visitors under U.S. law by:
- Evidence which shows the purpose of the
trip, intent to depart the United States, and arrangements made
to cover the costs of the trip may be provided. It is
impossible to specify the exact form the documentation should
take since applicants' circumstances vary greatly.
- Those applicants who do not have
sufficient funds to support themselves while in the U.S. must
present convincing evidence that an interested person will
provide support.
- Depending on individual circumstances,
applicants may provide other documentation substantiating the
trip's purpose and specifying the nature of binding obligations,
such as family ties or employment, which would compel their
return abroad.
The presumption in the law is that every
visitor visa applicant is an intending immigrant. Therefore,
applicants for extensions of visitor visas must continue to
overcome this presumption by demonstrating that:
- The purpose of their trip is to enter the
U.S. for business, pleasure, or medical treatment;
- They plan to remain for a specific,
limited period; and
- They have a residence outside the U.S. as
well as other binding ties which will insure their return abroad
at the end of the visit.
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