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FAMILY BASED IMMIGRATION
You can immigrate to the U.S. through your United States Citizen or Legal Permanent Resident Relative under the Family Based Category.
U.S. citizens may petition for: spouses, parents, children and siblings.
LPR's may petition for spouses and children
EMPLOYMENT BASED IMMIGRATION
- EB1 - Foreign nationals of extraordinary
- EB2 - Workers with advanced degrees etc.
- EB3 - Skilled workers and professionals
- EB4 - Special immigrant visas for religious
- EB 5 - Investor / employment creation visas
REMOVAL HEARINGS AND BOND PROCEEDINGS
The United States Government routinely seeks to place aliens, including those who are lawfully admitted as permanent residents, into removal proceedings. Removal proceedings means that the United States Government intends to deport you from the United States.
These proceedings can be initiated due to various reasons including, overstaying a visa, entry using fraudulent documents, arrests and / or convictions for misdemeanors or felonies.
You may apply for asylum in the U.S. if you believe you have been persecuted in your native country or fear persecution if you return based upon race, religion, nationality, membership in a particular social group or political opinion.
Once you receive asylee status, you may apply for permanent residency after one year. You may also apply for family members to join you in the United States. Upon arrival to the U.S., you must contact our office immediately.
You are eligible to apply for asylum within 1 year of your entry to the U.S. There are limited exceptions to the one year requirement. There may also be other forms of relief from persecution and return to your country. Please consult our office for a personal review of your case.
CITIZENSHIP AND NATURALIZATION
To be eligible for naturalization, you must:
Be a lawful permanent resident of the United States for 5 years, or 3 years if married to a U.S. citizen for a minimum of the 3 years (although there are certain exceptions to this requirement for persons who have honorable service in the U.S. Armed Forces);
Be physically present in the United States for over 50% of the required residency period;
Be a person of good moral character;
Take an oath of loyalty to the United States;
Be able to speak, read and write simple words and phrases in the English language (although there are certain exceptions to this rule); and
Pass a test in US history and government.
Once you become a citizen of the United States, you may sponsor your spouse, parents, sons and daughters as well as your brothers and sisters for lawful permanent residence in the U.S. Some persons may obtain US citizenship at birth, or while they are minors, through their U.S. citizen parents or grandparents. This is known as acquiring US citizenship through acquisition or derivation
It is critical for an attorney embarking on a waiver case to have a firm grasp of the rules of inadmissibility. A ground of inadmissibility is something about the alien or the alien’s history, usually a prior immigration violation or criminal conviction, that makes it so the person is not allowed to enter the United States. If the person cannot enter the country, he/she cannot get a visa. And Congress has determined that if a person would not be allowed to enter the country if he were outside the US, that person cannot adjust status to that of a permanent resident from within the US. An alien only needs a waiver if he/she is inadmissible, but not every violation of immigration law or criminal law makes an alien inadmissible. Some violations not only make the alien inadmissible, they make the alien ineligible to apply for a waiver. Still other violations create bars to benefits other than inadmissibility. All grounds of inadmissibility are found in INA §212. If the “problem” the alien faces is not found in INA §212, then it’s not a ground of inadmissibility. Forms I-601 and I-601A only resolve problems under INA §212
Below is a list of the most common grounds of inadmissibility:
Entry Without Inspection(EWI) after Unlawful Presence or Removal
False Claim of US Citizenship
Criminal Threat to Public Safety
Medical Threat to Public Safety
Removals and Failure to Attend a Removal Hearing
Sham Marriage and Frivolous Asylum Claim
EWI, K entrants and Crewmen
The waiver process is complex, difficult and stressful, but it is a way to resolve a serious immigration problem when an immigrant does not have a lot of other options. Approval rates for simple unlawful presence are high in spite of the complexity of the cases.
Olubunmi Law, specializes in several aspects of individual and corporate immigration matters.
At Olubunmi Law we will evaluate your case; provide you with options available to make an informed decision on the best way to proceed in order to achieve your goals. Excellent Ethical Service is our goal. Our clients deal with their attorney from the beginning of their case to the conclusion.
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