We help immigrants anywhere in the United States and worldwide with their immigration law concerns. Our immigration law legal division specializes in helping individuals, families, and investors overcome the legal hurdles involved in the immigration process. JT Law Firm is here to serve you, and we are 100% dedicated to providing you with the best legal representation.
Our immigration law team focuses on solving various immigration concerns, including travel visas, asylum, green cards, U.S. Citizenship, and more.
Whether you are fighting for yourself or for your family, JT Law Firm will stand beside you and fight for your case. Immigration laws change constantly, and staying up-to-date is crucial for any lawyer. Additionally, these laws and regulations are some of the most difficult to understand and navigate through. You need an immigration lawyer you can count on and one with experience delivering results.
Asylum is defined as the protection granted by a nation to someone who has left their native country as a political refugee.
A person may flee their home countries because they are afraid of being persecuted, imprisoned or worse. The United States offers protection to individuals who fear persecution based on:
- Social Membership
- Political Opinion
When applying for Asylum, the petitioner must be physically present in the United States. There are two types of Asylum: Affirmative and Defensive. To qualify for affirmative asylum, the petitioner must apply within one year of their last arrival. On the other hand, defensive asylum is for a petitioner who has been placed in removal proceedings before an immigration judge.
Bringing Your Family To The United States
When applying for asylum, a petitioner may include their spouse and children in their application. They may add them to the application at any time before a final decision has been made about their asylum status. According to the USCIS, children may only be included on an application if they are under the age of 21 and unmarried. Married children or children over the age of 21 may not be included on a parent’s asylum application.
Permission to Work in the United States
An asylum petitioner may apply for employment authorization 365 calendar days after they file a complete asylum application. They may not apply for permission to work (employment authorization) in the United States at the same time as applying for asylum.
Obtaining Your Greencard
Once asylum is granted, the petitioner must maintain one year of physical presence in the United States before applying for a green card. Each member of the family must submit a separate green card application.
Obtaining Your Greencard
To apply for a Green Card, you must be eligible under one of the following categories:
- Green Card through Family
- Green Card through Employment
- Green Card as a Special Immigrant
- Green Card through Refugee or Asylee Status
- Green Card for Human Trafficking and Crime Victims
- Green Cards for Victims of Abuse
- Green Card through Other Categories
- Green Card through Registry
Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for a temporary stay, or an immigrant visa for permanent residence.
Visitor visas are nonimmigrant visas for persons who want to enter the United States temporarily for business (visa category B-1), for tourism (visa category B-2), or for a combination of both purposes (B-1/B-2).
Business Visa (B-1)
- Consult with business associates
- Attend a scientific, educational, professional, or business convention or conference
- Settle an estate
- Negotiate a contract
Tourism Visa (B-2)
- Vacation (holiday)
- Visit with friends or relatives
- Medical treatment
- Participation in social events hosted by fraternal, social, or service organizations
- Participation by amateurs in musical, sports, or similar events or contests, if not being paid for participating
- Enrollment in a short recreational course of study, not for credit toward a degree (for example, a two-day cooking class while on vacation)
Family Immigration Visa
Some people in the United States can petition for relatives or future relatives, such as a fiancé(e) or a prospective adopted child, to immigrate to the United States.
Your status determines which relatives or future relatives may be eligible to immigrate. In order to sponsor a family member, you must be a:
- U.S. citizen, or a
- Green card holder (permanent resident)
The Petition for Alien Relative will define the family relationship that exists between you and your relative.
Immediate Relatives of U.S. citizens have unlimited availability for visas. Immediate Relatives are generally:
- Your Spouse
- Your unmarried child under 21 years of age; or
- Your parent (if you are 21 years of age or older)
Visas for some other categories of relatives are limited and there may be a much longer wait. Preference categories apply to family members who are not immediate relatives. A visa becomes available to a preference category based on the priority date which relates to the date the Petition for Alien Relative was filed. Preference categories are grouped generally as follows:
- First preference: Unmarried, adult sons and daughters of U.S. citizens.
- Second Preference: Spouses and unmarried children of green card holders and unmarried adult sons and daughters
- Third Preference: Married sons and daughters of U.S. citizens
- Fourth Preference: Brothers and sisters of adult U.S. citizens
Obtaining Your Greencard
If your relative is already in the United States, he or she may apply to adjust status to become a green card holder after a visa number becomes available. If your relative is outside of the United States, your petition will be sent to the National Visa Center (NVC). The NVC will forward your petition to the appropriate U.S. consulate when a visa becomes available for Consular Processing. Your family member’s preference category will determine how long he or she will have to wait for an immigrant visa number.
If you have been married for less than two years when you receive your marriage-based green card, you must file to remove conditional status within 90 days of the expiration. You will need to demonstrate that you are in a legitimate marriage to do so.
Becoming a U.S. Citizen is a great accomplishment! The process of becoming a U.S. citizen is known as Naturalization. Naturalization is a process that allows foreign-born persons to obtain citizenship in the United States. Once granted American citizenship, foreign-born persons are granted the right to vote, the right to government jobs, the right to apply for resident status for family members and the freedom to travel with an American passport which provides entry without a visa into many countries.
There are many eligibility requirements a person must fulfill before they submit an application for naturalization:
- Be at least 18 years of age old;
- Show that you are a lawfully admitted permanent resident of the United States;
- Have resided in the United States as a lawful permanent resident for at least five years;
- Have been physically present in the United States for at least 30 months;
- Be a person of good moral character;
- Be able to speak, read, write and understand the English language;
- Have and understanding of the fundamentals of the history, and of the principles and form of government, of the United States;
- Demonstrate attachment to the principles of the Constitution and be well-disposed to the good order and happiness of the United States; and,
- Be willing and able to take the Oath of Allegiance.
Exemptions & Exceptions
There are exceptions and modifications to the naturalization requirements that are available to those who qualify, such as:
- English Language Exemptions
- Medical Disability Exceptions to English and Civics
- Continuous Residence Exceptions
- Disability Accommodations
- Oath of Allegiance
Our immigration lawyers are here to help you live the American Dream.
Immigration issues are complex and critical to the futures of those involved. Whether you are a business seeking immigrant and non-immigrant visas for your employees, an individual seeking naturalization, or a family that wants to remain together in the United States, our immigration attorneys can help. We are dedicated to the principles of accessibility and excellence, we are prepared to succeed for every client and are available for our clients any time they have questions.
More on Immigration Law
Immigration law encompasses a vast array of categories. If you have questions, we invite you to schedule a consultation with our immigration law team to discover how we can help.
Our own American Dream
Monica Balyasny is our lead Immigration attorney. As the daughter of two immigrant parents, she grew up with a passion to help others start their American dream. Our office provides legal representation for your immigration needs.
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JT Law firm is proud to announce both John Tolley and Monica Balyasny have been recognized as “Rising Stars” by Super Lawyers – an elite status awarded exclusively to only 2.5% of lawyers.
Monica Balyasny Rated by Super Lawyersloading …
On November 3, 2020, the organization “Lawyers of Distinction” recognized JT Law Firm’s Attorney Monica Balyasny for excellence in Immigration Law.
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