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For couples where one spouse is a U.S. citizen or lawful permanent resident (Green Card holder) and the other is a foreign national, pursuing a U.S. spousal visa is a pivotal step towards building a life together in America. The journey can seem intricate, filled with forms, regulations, and nuanced distinctions. Among the most critical distinctions to understand is the difference between the CR1 visa and the IR1 visa, as this impacts the very nature of the Green Card your spouse will receive upon entering the U.S. This distinction primarily hinges on a single factor: the duration of your marriage.

Understanding Spousal Immigration

Spousal immigration is one of the most common pathways to permanent residency in the United States, reflecting the nation’s commitment to family reunification. However, this process is designed to be thorough, ensuring that marriages are genuine and entered into for legitimate reasons, not solely for immigration benefits. Understanding the specific visa category applicable to your situation from the outset is a critical first step, as it influences the required documentation, the processing timeline, and, most importantly, the type of Green Card your spouse will initially obtain.

CR1 Visa: Conditional Resident Status

The CR1 visa pathway applies to marriages that are relatively new, leading to a temporary residency status that requires further validation.

Who Qualifies for a CR1 Visa? (Married Less Than 2 Years)

A foreign national spouse qualifies for a CR1 visa if they are married to a U.S. citizen or lawful permanent resident, and their marriage has existed for less than two years at the time their immigrant visa is approved, or their adjustment of status application is approved. The “CR” stands for Conditional Resident. This category is specifically designed for newly married couples. The underlying assumption by U.S. Citizenship and Immigration Services (USCIS) is that shorter marriages might be more susceptible to being fraudulent, thus requiring a probationary period.

IR1 Visa: Immediate Relative Status

For couples with more established marriages, the IR1 visa offers a direct path to full permanent residency without an initial conditional period.

Who Qualifies for an IR1 Visa? (Married 2 Years or More)

A foreign national spouse qualifies for an IR1 visa if they are married to a U.S. citizen or lawful permanent resident, and their marriage has existed for two years or more at the time their immigrant visa is approved, or their adjustment of status application is approved. The “IR” stands for Immediate Relative. This category recognizes the established nature of the marriage, implying a reduced risk of fraud. As such, these individuals bypass the conditional residency phase.

How USCIS Calculates Marriage Duration

USCIS calculates marriage duration from the legal date of marriage (the date on your marriage certificate) up to the date the foreign national spouse is granted permanent residency. This could be the date the immigrant visa is approved by a Consular Officer abroad, or the date the adjustment of status application is approved by USCIS domestically.

If the marriage is less than two years old on that approval date: CR1 visa.

If the marriage is two years or older on that approval date: IR1 visa.

This precise calculation highlights why understanding processing times is crucial.

The Importance of Timing Your Application

While you cannot precisely control USCIS processing times, understanding this two-year threshold can influence your expectations and planning. For couples approaching the two-year marriage anniversary, there’s often a “race” against the clock or a strategic waiting game. If your marriage is close to the two-year mark when you file, your spouse might initially qualify for a CR1, but by the time the visa is approved, they might then qualify for an IR1 if processing takes long enough.

What Happens If Your Marriage Duration Changes During Processing?

It’s common for a couple to apply for a spousal visa when their marriage is less than two years old, expecting a CR1. However, due to standard processing times, the marriage might cross the two-year anniversary before the actual visa approval or adjustment of status. In such cases, USCIS or the Consular Officer will automatically switch the visa category from CR1 to IR1 without requiring a new petition. This is a beneficial outcome, as it means the spouse will receive a 10-year Green Card directly, bypassing the condition removal process.

Application Process Similarities and Differences

Regardless of whether a CR1 or IR1 visa is ultimately issued, the initial application steps are largely similar for both categories.

Step	CR1 Visa Process	IR1 Visa Process	Key Similarity/Difference
1. Initial Petition (I-130)	Filed by U.S. Citizen/LPR for spouse.	Filed by U.S. Citizen/LPR for spouse.	Identical: Same form, same initial relationship proof.
2. NVC Processing	Submit DS-260, I-864, civil docs.	Submit DS-260, I-864, civil docs.	Identical: Same documents, same NVC role.
3. Consular Interview / AOS	Interview abroad (CR1) or AOS domestically.	Interview abroad (IR1) or AOS domestically.	Identical: Similar interview/AOS process.
4. Green Card Issued	2-year Conditional Green Card.	10-year Permanent Green Card.	Key Difference: Type of Green Card issued.
5. Post-Approval (within U.S.)	Must file I-751 to remove conditions.	No I-751 required.	Key Difference: Requirement for condition removal.

Understanding Complex Cases: Divorce, Abuse, or Death of Spouse

While typically a joint filing, there are provisions for waiving the joint filing requirement for the I-751 petition in specific complex circumstances:

Divorce or Annulment: If the marriage ended in divorce or annulment, the conditional resident can still file, providing evidence of the good faith marriage at its inception.

Battered Spouse or Child: If the conditional resident or their child was subjected to battery or extreme cruelty by the U.S. citizen/LPR spouse.

Death of the U.S. Citizen/LPR Spouse: The conditional resident can file the waiver.

These waivers are complex and require strong documentation and often an interview with USCIS.

Conclusion

At Sadri Law, we are committed to helping couples like yours successfully navigate the complexities of U.S. spousal visas. Our dedicated team understands the nuances of CR1 and IR1 categories, the importance of timing, and the meticulous documentation required. We provide personalized legal strategies to ensure your application is strong and your path to family unity is clear.

Don’t leave your family’s future to chance.

Partner with Sadri Law for expert guidance on your CR1 or IR1 visa journey. Contact us today for a comprehensive consultation.

Frequently Asked Questions (FAQs)

For countless families around the globe, the dream of living together in the United States is a powerful motivator. If you’re a U.S. citizen or a lawful permanent resident (Green Card holder) and wish to bring your children to live with you, navigating the intricate world of U.S. immigration visas can feel overwhelming. Rest assured, the U.S. immigration system prioritizes family reunification, offering specific pathways designed to bring children to their parents.

Uniting Families: A Priority in U.S. Immigration

The principle of family unity is a cornerstone of U.S. immigration law. This commitment is reflected in various visa categories that allow U.S. citizens and Green Card holders to sponsor immediate and extended family members, including their children. For parents, this means a structured legal pathway exists to bridge geographical distances and reunite their families on American soil. While the process demands diligence and adherence to specific regulations, the goal is always to foster stronger family units within the U.S.

Understanding Dependent Child Visas: CR2 and IR2 Overview

When sponsoring your child, you’ll primarily encounter two main visa categories: the CR2 (Conditional Resident) visa and the IR2 (Immediate Relative) visa. Both are designed for unmarried children under the age of 21 who are being sponsored by a U.S. citizen or lawful permanent resident parent. The key difference between them hinges on a single, crucial factor: the duration of the sponsoring parent’s marriage to the child’s other parent (if applicable), or, more broadly, the status of the relationship at the time of visa approval. Understanding which category applies to your child is fundamental to managing expectations and preparing for the necessary steps.

CR2 vs. IR2 Visa: Key Distinctions

The CR2 and IR2 visas are both for children, but their differences have significant implications for the child’s residency status upon arrival in the U.S.

Defining the CR2 Visa: Conditional Residency for Children

The CR2 visa is granted to a child (unmarried, under 21) when their sponsoring U.S. citizen parent has been married to the child’s other parent for less than two years at the time the child enters the U.S. or adjusts their status. The “CR” stands for Conditional Resident. This means the child’s Green Card is initially valid for only two years. This conditional period serves as a probationary phase, allowing U.S. Citizenship and Immigration Services (USCIS) to verify the legitimacy of the qualifying parental relationship. It’s a measure to prevent immigration fraud, ensuring that the family relationship is genuine.

Understanding the IR2 Visa: Immediate Relative Status for Children

In contrast, the IR2 visa is for a child (unmarried, under 21) whose sponsoring U.S. citizen parent has been married to the child’s other parent for two years or more at the time the child enters the U.S. or adjusts their status. The “IR” signifies Immediate Relative. Children who receive an IR2 visa are granted permanent resident status immediately upon approval. This means they receive a 10-year Green Card, and there is no conditional period to remove. This status reflects a more established and presumed stable family relationship from the outset.

Who Qualifies as a “Child” for Immigration Purposes?

For the purpose of CR2 and IR2 visas, a “child” is generally defined as:

• Unmarried
• Under 21 years of age
• The biological child of the U.S. citizen or Green Card holder petitioner.
• A stepchild, provided the marriage that created the step-parent relationship occurred before the child turned 18.
• An adopted child, provided the adoption occurred before the child turned 16, and certain custody and residency requirements are met.
• An orphan petitioned by a U.S. citizen.

This broad definition helps encompass various family structures, but each sub-category has its own specific requirements.

The Application Process: Step-by-Step

Bringing your child to the U.S. involves a structured, multi-stage application process, primarily consisting of petitioning, visa processing, and an interview.

Initial Petition (I-130) by the Sponsoring Parent

The journey begins with the sponsoring U.S. citizen or lawful permanent resident parent filing Form I-130, Petition for Alien Relative, with USCIS. This petition establishes the qualifying family relationship between the petitioner and the child. You’ll need to submit supporting documentation such as birth certificates, marriage certificates (if applicable), and proof of your U.S. citizenship or Green Card status. USCIS will review this petition to determine if the relationship meets the legal requirements for immigration. An approved I-130 is the foundational step.

National Visa Center (NVC) Processing and Required Documentation

Once USCIS approves the I-130 petition, it’s sent to the National Visa Center (NVC). The NVC is responsible for pre-processing the visa application before it goes to a U.S. Embassy or Consulate abroad. During this phase, you and your child will be required to submit:

• Immigrant Visa Application (Form DS-260)
• Affidavit of Support (Form I-864): This form demonstrates that the sponsoring parent has sufficient financial means to support the child and prevent them from becoming a public charge in the U.S.
• Civil Documents: This includes birth certificates, marriage certificates (for parents), adoption decrees (if applicable), court and prison records, military records, and police certificates from all countries where the child has resided for certain periods.

The NVC will collect and review all these documents before scheduling an interview.

The Consular Interview: What to Expect

After NVC processing is complete and a visa is available (for IR2 visas, usually immediately; for CR2, typically quickly after I-130 approval), the child will be scheduled for an immigrant visa interview at a U.S. Embassy or Consulate in their country of residence. The purpose of this interview is for a Consular Officer to verify the information provided in the application, confirm the bona fides of the relationship, and determine the child’s admissibility to the U.S. The child, and often the sponsoring parent, will need to attend. The officer may ask questions about the family, the child’s life, and their plans in the U.S.

Medical Examination and Vaccinations

Before the consular interview, the child is required to undergo a comprehensive medical examination by a panel physician approved by the U.S. Embassy or Consulate. This exam assesses the applicant’s general health and ensures they meet U.S. health-related admissibility standards. Required vaccinations must also be completed during this examination, or proof of prior vaccination must be provided. The medical report is then sealed and submitted directly to the embassy.

Factors That Can Affect Your Application Timeline

Several elements can impact how long your child’s visa process takes:

Factor	Impact on Processing Time
Case Complexity	Issues like criminal history, previous visa overstays, or missing documents will lead to significant delays.
Completeness of Application	Missing documents or incorrect information will result in RFEs and processing halts.
Consulate Workload	Busy embassies/consulates may have longer interview wait times.
Response Time	Your promptness in submitting requested documents to NVC or USCIS.
Visa Category	Immediate Relative (IR2) typically faster than Family Preference (e.g., for children of LPRs).

Conclusion

Bringing your children to the U.S. through the CR2 or IR2 visa process is a profoundly rewarding journey towards family reunification. It requires meticulous attention to detail, adherence to strict timelines, and a thorough understanding of complex legal requirements.

Given the nuances of immigration law, particularly regarding age-out issues, CSPA calculations, and the precise filing requirements for CR2 condition removal, partnering with an experienced immigration attorney is not just beneficial—it’s often indispensable. An attorney can help you navigate pitfalls, prepare compelling evidence, and represent your interests, significantly increasing your chances of a smooth and successful outcome.

Don’t leave your family’s future to chance. At Sadri Law, we are dedicated to helping families achieve their dreams of reunification in the United States. Our experienced team provides personalized guidance through every step of the CR2 and IR2 visa processes, ensuring accuracy and peace of mind.

Secure your child’s path to a brighter future. Contact Sadri Law today for a comprehensive consultation.

Frequently Asked Questions (FAQs)

Navigating the complexities of U.S. immigration law can feel like traversing a dense and often confusing landscape. As a noncitizen residing in the United States, it’s paramount to be aware of and adhere to certain fundamental legal responsibilities. Among these, two often-overlooked yet critical requirements stand out: the obligation to notify the Department of Homeland Security (DHS) of any change of address within a strict 10-day timeframe, and the mandate for noncitizens aged 18 and over to carry proof of their immigration registration on their person at all times.

These regulations, while seemingly straightforward, carry significant weight under federal immigration law. Failure to comply with either of these duties can trigger serious repercussions, potentially leading to criminal penalties, including substantial fines and even imprisonment. Moreover, such noncompliance can have far-reaching immigration consequences, jeopardizing visa renewals, applications for adjustment of status, and future immigration petitions, ultimately even leading to removal proceedings.

1. Reporting a Change of Address: Your Legal Duty

U.S. immigration law places a clear responsibility on all registered noncitizens to keep their address information current with the Department of Homeland Security (DHS). Specifically, if you are a noncitizen residing in the United States, you are legally obligated to report any change of address within 10 days of your move. This requirement is not merely a suggestion; it is a legal mandate designed to ensure that DHS maintains accurate and up-to-date records, allowing them to contact individuals when necessary for official communications, such as immigration court notices or requests for further information.

The rationale behind this requirement is rooted in national security and effective immigration management. Accurate address information allows DHS to locate individuals if needed and ensures the integrity of the immigration system. Whether you move across the street, to a different city, or even within the same apartment complex but to a new unit number, the obligation to report the change remains.

What Happens If You Don’t Update Your Address?

The consequences of failing to notify DHS of an address change within the stipulated 10-day period can be severe and should not be underestimated. Noncompliance is classified as a misdemeanor offense under federal law. The penalties associated with this violation can include:

• Penalty: Misdemeanor offense

• Fines: Up to $5,000

• Imprisonment: Up to 30 days

Beyond these direct legal penalties, failing to update your address can also have significant immigration impacts. Immigration officials often rely on the address on file to send important notices regarding your immigration status. If your address is outdated, you may miss critical communications, potentially leading to adverse decisions in your immigration case. This noncompliance can negatively affect:

• Visa Renewals: When applying to renew a temporary visa, a history of noncompliance with immigration regulations, such as failing to report an address change, can raise concerns for immigration officials and potentially lead to delays or denial of your application.

• Adjustment of Status: For those seeking to become lawful permanent residents (green card holders), a failure to adhere to address change requirements can be viewed as a lack of respect for U.S. immigration laws, potentially hindering your application for adjustment of status.

• Future Immigration Petitions: If you or your family members plan to file future immigration petitions, such as for family-based immigration, a record of noncompliance can create complications and potentially jeopardize the approval of those petitions.

• Removal Proceedings: In the most serious cases, failing to comply with address change requirements, especially when coupled with other immigration violations, could contribute to the initiation of removal (deportation) proceedings.

It is crucial to understand that the obligation to report an address change is an individual responsibility for every registered noncitizen residing in the United States. This means that if you live with family members who are also noncitizens, each adult and potentially even minor children (depending on their immigration status and age) may be required to file their own change of address notification. It is not sufficient for only the head of household or the primary visa holder to submit a change of address on behalf of the entire family. Ensuring that each individual fulfills this requirement is essential for maintaining legal compliance.

2. Carrying Proof of Registration: A Daily Requirement

Another critical aspect of U.S. immigration law for noncitizens aged 18 years or older is the legal requirement to carry proof of registration and fingerprinting at all times. This mandate underscores the importance of noncitizens being able to readily demonstrate their lawful immigration status when requested by immigration officials or other law enforcement personnel.

The types of documents that serve as acceptable proof of registration include:

• Form I-94 (Arrival/Departure Record): This document is typically issued upon arrival in the United States and indicates your immigration status and authorized period of stay. It can be a paper card or an electronic record accessible online.

• Form I-551 (Permanent Resident Card), also known as a Green Card: This card serves as primary evidence of lawful permanent resident status in the United States.

• Form I-766 (Employment Authorization Document or EAD): This card grants permission to work in the United States for a specific period and is often issued to individuals in certain temporary immigration statuses or those with pending immigration applications.

• Other DHS-issued registration documents: This category can include various other documents issued by DHS that serve as proof of your registered status, such as proof of submission of Form G-325R (Biographic Information).

It is important to ensure that the document you carry is valid and unexpired. An expired document may not be considered sufficient proof of your current immigration status.

Failure to Carry Proof

Similar to the failure to report an address change, not carrying proof of registration can lead to significant legal consequences. This is considered a misdemeanor offense under federal law and can result in:

• Penalty: Misdemeanor offense

• Fines: Up to $5,000

• Jail Time: Up to 30 days

• Criminal Record: It’s crucial to understand that this is a criminal violation, not merely an administrative immigration infraction. A conviction for this offense can create a criminal record that may have long-term implications for your immigration status and future interactions with law enforcement.

The requirement to carry proof of registration is intended to facilitate the enforcement of immigration laws and to allow immigration officials to quickly verify the lawful status of individuals. While encounters with immigration officials may not be a daily occurrence for most noncitizens, being prepared and carrying the necessary documentation can prevent potentially serious legal issues.

Are You Considered “Registered”?

The term “registered” in this context generally refers to noncitizens who have completed the formal immigration registration process and have been fingerprinted by U.S. immigration authorities. This typically includes:

• Visa applicants who completed biometrics during their visa process: As part of the visa application process, individuals often undergo biometric screening, including fingerprinting, which constitutes registration with DHS.

• Lawful permanent residents: Upon being granted lawful permanent resident status, individuals are registered and issued a Permanent Resident Card (Green Card).

• Asylees, parolees, and certain other categories of noncitizens: Individuals granted asylum, those paroled into the United States, and those in certain other specific immigration categories are also generally considered registered noncitizens.

If you are unsure whether you are considered “registered” for the purposes of this requirement, it is advisable to consult with an experienced immigration attorney who can assess your specific situation and provide guidance. 1

Let Sadri Law Help You Stay in Compliance

Navigating the intricacies of U.S. immigration law requires diligence and a thorough understanding of your rights and responsibilities. At Sadri Law Firm, we are committed to providing comprehensive legal assistance to noncitizens in the United States, helping them understand and comply with all applicable immigration regulations.

Our experienced immigration law specialists can assist you in:

• Understanding your duty to report address changes: We can clarify who is required to report an address change and the specific procedures involved.

• Filing online AR-11 (Change of Address) forms with DHS: We can guide you through the process of submitting the required change of address notification, ensuring it is done accurately and within the 10-day timeframe.

• Identifying acceptable proof of registration: We can help you determine which documents you are required to carry as proof of your immigration registration based on your specific immigration status.

• Avoiding immigration penalties due to simple oversights: Our goal is to help you proactively avoid potential legal issues arising from a lack of awareness or understanding of these crucial requirements.

Final Thoughts

Whether you are a student on a temporary visa, a temporary worker, a lawful permanent resident, or in any other noncitizen status, it is crucial to stay informed and up to date on these often-overlooked yet critical requirements. Failing to comply can have severe consequences that could impact your ability to remain in the United States.

Don’t wait until it’s too late. Take proactive steps to ensure you are in full compliance with U.S. immigration law.

Book your confidential consultation today to discuss your situation and learn how we can help you navigate these requirements.

📞 Or call us directly at 408-416-3000.

At Sadri Law Firm, we are dedicated to protecting your rights and helping you achieve your immigration goals. Contact us today to learn more about how we can assist you.

Frequently Asked Questions (FAQs)

In our increasingly interconnected world, where personal and professional lives are often managed through digital devices, international travel has taken on a new layer of complexity. U.S. Customs and Border Protection (CBP), tasked with safeguarding the nation’s borders, has adapted its enforcement practices to this digital reality, particularly at ports of entry. A significant area of concern for international travelers, lawful permanent residents, and even U.S. citizens is the growing practice of border searches of electronic devices.

The seemingly routine act of crossing into the United States can, in some instances, lead to the inspection of your most personal belongings – your mobile phone, laptop, tablet, or other digital storage devices. Understanding your rights and CBP’s authority in these situations is crucial for anyone entering the U.S.

Who Can Be Subject to a Border Search?

It’s a fundamental principle that every individual seeking entry into the United States is subject to inspection by CBP officers. This broad authority allows CBP to determine admissibility and enforce U.S. laws at the border. While the majority of these inspections involve standard questioning and the screening of physical baggage, the scope of inspection can extend to the digital realm.

In what might seem like a departure from typical customs checks, CBP officers, in certain circumstances, may conduct searches of personal electronic devices, including:

• Mobile phones: These ubiquitous devices often contain vast amounts of personal information, communication logs, photos, and financial details.
• Laptops: Essential for work and personal use, laptops can hold sensitive documents, emails, and browsing history.
• Tablets: Offering a blend of portability and functionality, tablets can store a variety of personal and professional data.
• Cameras: Digital cameras and their associated storage cards can contain images and videos that CBP may deem relevant to their enforcement responsibilities.
• USB drives or external hard drives: These portable storage devices can hold significant amounts of data, including documents, media, and software.

It is critical to understand that these searches are not limited to foreign nationals. U.S. citizens and lawful permanent residents are also subject to this authority upon re-entry into the United States. While the frequency of such searches for citizens and green card holders may be lower, the possibility remains.

Why Does CBP Search Electronic Devices?

The authority to conduct border searches of electronic devices is rooted in the long-standing principle that the border is a unique zone where the government’s interest in national security and law enforcement outweighs, to some extent, the individual’s expectation of privacy. CBP asserts that these searches are essential for a variety of critical purposes, including:

• Terrorism and national security threats: In an era of global terrorism, electronic devices can contain evidence of terrorist plots, communications, and affiliations. CBP uses these searches to identify potential threats to national security.

• Child exploitation or pornography: The fight against child sexual abuse material is a high priority for law enforcement. Electronic devices are often used to store and distribute such illegal content.

• Drug and human trafficking: Communication and logistical details related to drug smuggling and human trafficking operations may be found on electronic devices.

• Money laundering or bulk cash smuggling: Evidence of financial crimes, including money laundering schemes and the illegal movement of large sums of cash, can be stored digitally.

• Visa and immigration fraud: CBP may examine electronic devices to uncover evidence of individuals misrepresenting their intentions for entering the U.S. or violating immigration laws. This can include fraudulent documents or communications related to unlawful entry or stay.

• Intellectual property theft: The illegal transfer or possession of copyrighted or patented material can be investigated through the examination of electronic devices.

• Export control violations: Information related to the illegal export of sensitive technologies or goods may be found on digital devices.

 What About Your Privacy Rights?

The Fourth Amendment to the U.S. Constitution protects individuals from unreasonable searches and seizures. While these protections apply at the border, the courts have consistently recognized a “border search exception” to the warrant requirement. This exception acknowledges the government’s compelling interest in controlling who and what enters the country. As a result, the expectation of privacy at the border is considered lower than within the interior of the United States.

In many cases, CBP officers may conduct basic searches of electronic devices without any individualized suspicion. A basic search might involve scrolling through the device’s contents, reviewing photos, videos, emails, and social media accounts that are readily accessible.

However, advanced or forensic searches, which involve using specialized software or techniques to extract data that is not readily accessible (such as deleted files), may require a higher level of justification, such as reasonable suspicion or even probable cause, depending on the specific circumstances and evolving legal interpretations.

What to Do If CBP Searches Your Device

Encountering a CBP officer who wishes to search your phone or laptop can be a stressful experience. Here are some important steps to take if you find yourself in this situation:

• Remain calm and cooperative: While it’s natural to feel anxious or frustrated, it’s crucial to remain calm and cooperate with the CBP officer’s instructions. Avoid any actions that could be construed as confrontational or obstructive, as this could escalate the situation and potentially lead to further scrutiny or legal consequences.
• Ask if the search is basic or advanced: Politely inquire about the nature of the search. Understanding whether it’s a simple review of readily available content or a more in-depth forensic examination can provide insight into the level of intrusion.

• Request to speak to a supervisor or legal counsel if you feel your rights may be violated: If you believe the search is unwarranted or exceeds the bounds of CBP’s authority, calmly request to speak with a supervising officer. If you have significant concerns about your rights, you may also state your desire to contact legal counsel. While CBP is not obligated to immediately grant this request, making your position clear is important.

• Do not lie or provide false information: Providing false or misleading information to a CBP officer is a serious offense with significant legal repercussions, including potential criminal charges and immigration consequences. Always be truthful in your interactions.

• Contact an immigration attorney immediately, especially if you are a non-citizen and concerned about your admissibility: If you are not a U.S. citizen and your device is searched, or if you have concerns about how the information on your device might impact your immigration status, it is imperative to contact an experienced immigration attorney as soon as possible. They can advise you on your rights and potential next steps.

How Sadri Law Can Help

At Sadri Law Firm, we recognize that encounters with border officials, particularly those involving the search of personal electronic devices, can be deeply concerning and potentially impact your privacy, immigration status, and legal rights. Our team of experienced immigration and national security law experts is dedicated to providing guidance and representation in these complex situations. We can help you:

• Advise you on how to protect your digital privacy during international travel: We can offer practical advice on minimizing the data you carry, utilizing encryption, and understanding your rights before you travel.
• Represent you if you’ve experienced a border search or device seizure: If your electronic device has been searched or seized at the border, we can help you understand the reasons for the action, navigate the process for potential return of your device, and advocate for your rights.
• Assist with issues involving inadmissibility or visa complications: If information obtained from your electronic device has led to issues with your admissibility to the U.S. or complications with your visa, we can provide expert legal representation to address these challenges.
• File legal actions in cases of unlawful detention or rights violations: In situations where we believe your rights have been violated during a border search or detention, we can explore legal avenues to seek redress.

Need Help After a Border Search?

Whether you are a U.S. citizen, a lawful permanent resident, or a foreign national, your digital privacy deserves protection, especially when crossing U.S. borders. If you have had your electronic device searched at a U.S. port of entry or wish to proactively prepare for international travel to safeguard your digital information, do not hesitate to contact Sadri Law Firm today for a confidential consultation.

Frequently Asked Questions (FAQs) – Border Searches of Electronic Devices

The state of California is a melting pot of cultures and a beacon of hope for many immigrants seeking a better life. However, navigating the intricate web of U.S. immigration laws can be a daunting and overwhelming experience. This is where the expertise of a skilled immigration lawyer in California becomes invaluable.

Understanding the Importance of an Immigration Lawyer in California

Immigration law is a complex and constantly evolving field. The slightest misstep in the paperwork or procedure can have serious consequences, including delays, denials, or even deportation. An experienced immigration lawyer in California possesses the knowledge, expertise, and resources to guide you through the intricacies of the immigration process, ensuring that your application is prepared and submitted correctly.

Key Services Offered by Immigration Lawyers in California

Immigration lawyers in California offer a wide range of services to individuals and families seeking to immigrate to or remain in the United States. Some of the most common services include:

• Family-based immigration: This involves sponsoring family members for green cards, including spouses, children, parents, and siblings.
• Asylum and refugee applications: This involves assisting individuals seeking protection from persecution or other forms of harm in their home countries.
• Visa applications: Immigration lawyers can help you apply for various types of visas, including tourist visas, student visas, and work visas.
• Naturalization and citizenship: This involves guiding you through the process of becoming a U.S. citizen.

Finding the Right Immigration Lawyer in California

Choosing the right immigration lawyer is a crucial decision. Here are some factors to consider:

• Experience: Look for an immigration lawyer with extensive experience in the specific area of immigration law relevant to your needs.
• Reputation: Research the lawyer’s reputation and read client testimonials to get an idea of their track record.
• Communication: Choose a lawyer who communicates effectively and keeps you informed throughout the process.
• Fees: Discuss the lawyer’s fees and payment options upfront to avoid any surprises.
• Client-centered approach: Look for a lawyer who prioritizes your individual needs and provides personalized attention.

The Benefits of an Immigration Lawyer Consultation

Embarking on an immigration journey to California is a significant undertaking, often filled with hopes, dreams, and a fair share of uncertainty. An initial consultation with an experienced immigration lawyer serves as a crucial first step, offering a dedicated space to navigate the complexities of your unique situation. Think of it as a personalized roadmap session, guiding you through the often-intricate pathways of U.S. immigration law. Here’s a more detailed look at the invaluable benefits you can gain:

Accurately Assess Your Eligibility: Unveiling Your Immigration Options

The landscape of immigration law is vast and encompasses numerous visa categories, green card pathways, and other immigration benefits. What might seem like a viable option on the surface could have hidden eligibility requirements or potential roadblocks. During a consultation, a skilled immigration lawyer will meticulously analyze your individual circumstances – your family ties, educational background, employment history, and any prior immigration history.

They possess the expertise to identify the specific immigration benefits for which you are genuinely eligible, saving you time, resources, and the emotional toll of pursuing options that might not be a fit. This assessment goes beyond surface-level criteria, delving into nuances and potential complexities you might not be aware of. They can also identify any potential ineligibility factors early on, allowing for proactive strategies to address them, if possible.

Gain a Clear Understanding of the Process: Demystifying the Immigration Journey

The immigration process can feel like navigating a maze, with unfamiliar forms, lengthy procedures, and opaque timelines. An immigration lawyer consultation provides clarity and demystifies this often-confusing journey. Your lawyer will break down the specific steps involved in your case, explaining the purpose of each form, the sequence of events, and the roles of various government agencies like USCIS, the Department of State, and potentially immigration courts. This understanding empowers you, reduces anxiety, and allows you to actively participate in your case. They can also provide realistic timelines based on their experience with similar cases, helping you manage your expectations. Furthermore, they can explain potential challenges or delays that might arise and how to best prepare for them.

Strategically Gather Necessary Documents: Building a Strong Foundation for Your Case

Immigration applications are heavily reliant on thorough and accurate documentation. Missing documents or improperly prepared paperwork can lead to significant delays or even denials. During a consultation, your lawyer will provide you with a comprehensive list of the specific documents required for your case, tailored to your unique circumstances. They can also offer guidance on how to obtain these documents, ensuring they meet the stringent requirements of immigration authorities. This proactive approach minimizes the risk of errors and omissions, strengthening your application from the outset. Moreover, they can advise on the best way to present your documents, including certified translations and proper formatting, to ensure they are accepted without issue.

Develop a Tailored Legal Strategy: Charting the Best Course of Action

Every immigration case is unique, and a one-size-fits-all approach rarely yields the best results. A significant benefit of an immigration lawyer consultation is the opportunity to collaborate with an experienced professional to develop a personalized legal strategy. Based on your specific circumstances, your lawyer will outline the optimal course of action, anticipating potential challenges and formulating proactive solutions.

This strategic planning can involve determining the strongest legal arguments for your case, identifying potential waivers or appeals if necessary, and preparing you for interviews or hearings. This tailored approach maximizes your chances of a positive outcome by leveraging the lawyer’s expertise and understanding of the intricacies of immigration law.

Address Your Concerns and Ask Crucial Questions: Finding Peace of Mind Through Information

The immigration process is often accompanied by a multitude of questions, anxieties, and uncertainties. An immigration lawyer consultation provides a safe and confidential space to voice these concerns and receive informed answers. You can ask about potential risks, the likelihood of success, and any alternative options that might be available. This open dialogue allows you to make informed decisions about your future and alleviates some of the stress associated with the unknown. Your lawyer can also address complex legal concepts in a clear and understandable manner, ensuring you feel confident and informed every step of the way. This opportunity to have your specific questions answered directly by an expert is invaluable in navigating such a significant life event.

Conclusion

Navigating the complexities of U.S. immigration law can be a daunting task. However, by seeking the guidance of a qualified immigration lawyer in California, you can increase your chances of a successful outcome. Remember, choosing the right legal representation is crucial to achieving your immigration goals.

At Sadri Law,PC , we understand the unique challenges faced by immigrants in California. Our attorney is dedicated to providing compassionate, expert legal counsel and personalized attention to each client. Schedule a consultation today to discuss your immigration needs and take the first step toward a brighter future.

FAQs

If you are a U.S. citizen seeking to bring your foreign-born child to the United States, you may encounter the terms CR2 and IR2 visas. These visa categories are part of the family-based immigration system, providing a pathway to lawful permanent residence (green card) for eligible children of U.S. citizens.

CR2 and IR2 Visas: Key Differences

Both the CR2 and IR2 visas aim to unite U.S. citizens with their children. The key difference lies in whether the U.S. citizen parent was married to the child’s foreign-born parent for less than two years at the time that marriage legally ended (through death or divorce).

• CR2 Visa: For unmarried children under the age of 21 whose U.S. citizen parent was married to the child’s foreign-born parent for less than two years at the time that marriage ended. The “C” in CR2 signifies “conditional resident” status. The child’s permanent residency is initially conditional and tied to the U.S. citizen parent’s marriage.

• IR2 Visa: For unmarried children under the age of 21 of U.S. citizens where the U.S. citizen parent has been married to the child’s foreign-born parent for at least two years, or the child was born within a marriage that lasted at least two years. The “IR” in IR2 stands for “immediate relative.” A green card obtained through an IR2 visa grants permanent residency from the start, without any conditional period.

Both the CR2 and IR2 are classified as “immediate relative” visas, meaning they are not subject to annual numerical limitations. This generally leads to faster processing times compared to preference-based family immigration categories.

Here’s a structured table summarizing key information about CR2 and IR2 visas:

	CR2 Visa	IR2 Visa
Type of Visa	Conditional Resident Child Visa	Immediate Relative Child Visa
Who It’s For	Unmarried children under 21 whose U.S. citizen parent was married to the child’s foreign-born parent for less than two years at the time that marriage legally ended (by death or divorce).	Unmarried children under 21 of a U.S. citizen, where the U.S. citizen parent has been married to the child’s foreign-born parent for at least two years, or the child was born within a marriage that lasted at least two years.
Green Card Eligibility	Leads to conditional permanent residency. The child’s status is dependent on the U.S. citizen parent’s marriage.	Leads to immediate permanent residency.
Validity Period	2 years, tied to the U.S. citizen parent’s conditional status.	Indefinite, no conditions on residency.
Application Process	Part of the family-based green card application process.	Part of the family-based green card application process.
Requirements	Proof of parent-child relationship, U.S. citizen parent’s status, legal documentation of the marriage and its termination (death or divorce) within two years, evidence the marriage was entered in good faith.	Proof of parent-child relationship, U.S. citizen parent’s status, legal documentation showing the U.S. citizen parent has been married to the child’s foreign-born parent for at least two years, or the child was born within a marriage that lasted at least two years.
Unique Features	The child’s initial residency is conditional and linked to the circumstances of the U.S. citizen parent’s marriage.	Provides a direct path to unconditional permanent resident status for the child.

Essential Eligibility Requirements for CR2 and IR2 Visas

Meeting these fundamental criteria is essential:

• Parent-Child Relationship: A genuine biological or legal (e.g., adoption) parent-child relationship must exist between the U.S. citizen and the foreign-born child. Documentation such as birth certificates or adoption decrees is required.
• U.S. Citizen Status of Parent: The individual filing the petition must be a U.S. citizen. Lawful permanent residents petition for their children under different visa categories.
• Age Requirement: The child must be unmarried and under the age of 21 at the time of application and when entering the United States.
• Marital History of U.S. Citizen Parent (for CR2): For a CR2 visa, the marriage between the U.S. citizen parent and the child’s foreign-born parent must have legally ended (due to death or divorce) and must have lasted for less than two years. Evidence that the marriage was entered in good faith is also important.
• Marital History of U.S. Citizen Parent (for IR2): For an IR2 visa, the U.S. citizen parent must have been married to the child’s foreign-born parent for at least two years, or the child must have been born within a marriage that lasted at least two years.
• No Grounds of Inadmissibility: The child must not have any legal reasons that would prevent them from entering the United States, such as certain criminal convictions or health issues. Waivers may be available in some circumstances.
• Financial Support: The U.S. citizen parent must demonstrate the financial ability to support their child to ensure they do not become a public charge. This is typically shown through an Affidavit of Support (Form I-864).

The CR2/IR2 Visa Process: Key Stages

The typical steps involved in obtaining a CR2 or IR2 visa are:

1. Petition Filing (Form I-130): The U.S. citizen parent begins the process by filing Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). This filing must include proof of the U.S. citizen parent’s status and evidence of the parent-child relationship, as well as documentation related to the marriage (and its termination, if applicable for CR2).
2. National Visa Center (NVC) Processing: Once the I-130 is approved, the case is sent to the National Visa Center (NVC). The NVC collects the necessary fees, required forms (such as the DS-260, Online Immigrant Visa Application), and supporting documents from both the U.S. citizen parent and the child. The NVC ensures the case is documentarily qualified and ready for the consular interview.
3. Interview and Medical Examination: The child applicant is scheduled for an interview at a U.S. embassy or consulate in their country of residence. Prior to the interview, the child must undergo a medical examination by a panel physician approved by the U.S. embassy or consulate.
4. Visa Issuance: If the consular officer determines that the child is eligible for the visa, it will be issued in their passport, allowing them to travel to the United States. Children entering on a CR2 visa will become conditional permanent residents upon entry, while those entering on an IR2 visa will become immediate permanent residents.

Tips for a Smoother CR2/IR2 Application

Increase your chances of a successful application with these recommendations:

• Gather Comprehensive Documentation: Collect all required documents (birth certificates, marriage certificate of parents, divorce or death certificate if applicable, proof of U.S. citizenship, etc.) early in the process. Ensure that any foreign language documents are accompanied by certified English translations.
• Be Truthful and Accurate: Provide honest and precise information on all application forms and during the consular interview. Any misrepresentation can have severe consequences.
• Follow Instructions Meticulously: Pay close attention to all guidelines and deadlines provided by USCIS and the NVC.
• Consider Legal Counsel: An experienced immigration lawyer can provide invaluable guidance throughout the complex process, ensure proper preparation of all documents, and represent you if any complexities or challenges arise.

Conclusion

Bringing your child to the United States through a CR2 or IR2 visa involves specific requirements related to your marital history and your relationship with your child. Careful preparation and understanding the nuances of these visa categories are essential. Consulting with an experienced immigration attorney like Sadri Law can provide tailored advice and support to navigate this process successfully.

What is the 2023 Update on Key Federal Immigration Policy?

The Immigration Act of 1924 limited the number of immigrants entering the United States through a national quota. The quota availed immigration visas to two percent of people from each nationality in the United States. Recently, the House introduced the Dignity Act of 2023, a comprehensive and bipartisan immigration legislation.

The goal is to reduce illegal immigration and provide a solution for undocumented immigrants while strengthening the American workforce. A skilled immigration attorney in San Jose explains the new changes and their impact on green card applications.

A Modern Approach to the Immigration Policy

Attracting immigrants to the United States is crucial because of their invaluable contributions to the economy and society. The critical shortage of workers explains the need for bipartisan immigration reform to strengthen the economy, protect the rule of law, and strengthen the security of borders.

The president has lifted restrictions previously established during the coronavirus pandemic, which drastically reduced the number of visas issued to immigrants. With the changes, more new immigrants will be able to enter the country, and millions of unauthorized immigrants already in the country will achieve legal status.

Under the new bill, an immigrant may qualify for lawful permanent resident status if they have lived in the U.S. for at least seven consecutive years. The Renewing Immigration Provisions of the Immigration Act updates the Registry cutoff date to allow more immigrants to apply for legal permanent residence. An experienced green card lawyer in San Jose provides more details.

The Latest 2023 USCIS Green Card Processing Times

When applying for a green card from the U.S. Citizenship and Immigration Services, it’s natural to want to know how long it will take to process. The USCIS is responsible for processing green card and naturalization applications and publishes the average processing times for various immigration forms. A San Jose green card can help you identify the current wait times.

Employment-Based Green Cards

Biden administration’s proposed legislation could boost the number of employment-based green cards, currently capped at about 140,000 per year. The proposal allows the use of unutilized visa slots to allow spouses and children of employment-based visa holders to receive green cards without being counted against the annual caps.

The measure could help clear the backlog of applications by eliminating the per-country cap that prevents several immigrants from getting green cards. The current wait time for employment-based green cards is 11-22 months, depending on the specific category. Consult a skilled green card lawyer in San Jose if you want help following up on your application.

Family-Based Green Cards

Family-based visas allow people to receive a green card if they have a child, spouse, sibling, or parent living in the country with U.S. citizenship. In the past, immigrants from countries with large numbers of applicants would often wait for years to receive a green card.

However, Biden’s proposal would expand access to family-based green cards in various ways. For example, it will increase the per-country caps and clear application backlogs. Family-based green cards will become the most common way for people to immigrate to the country. The current wait time for this type of visa is approximately 13 months.

Refugee Admissions

During the fiscal year 2021, the U.S. only admitted 11,400 refugees. The maximum number of refugees the country could accept each fiscal year was increased to 62,500 in 2021. In 2022, the Biden administration increased the cap to 125,000.

If you’re seeking a refugee-based green card, it’s advisable to work with a skilled immigration lawyer in San Jose. They can help you file your application and analyze it for mistakes that could make it denied. The current wait time for refugee-based visas is between 25 and 28 months.

Diversity Visas

About 50,000 people receive green cards through the U.S. diversity visa program each year. The program is also known as the visa lottery and seeks to diversify the U.S. immigration population by granting visas to underrepresented nations.

The proposed changes seek to increase the annual total to 80,000 diversity visas. Consult an immigration visa lawyer to learn how to benefit from the diversity-based green card. The current wait time is between 7 and 14 months, depending on how soon you apply for the visa.

H-1 B Green Cards

The government has reviewed policies that led to increased denial rates of H-1 B visas under the previous administration. The current administration has proposed legislation to provide permanent work permits to spouses of H-1B visa holders. Processing times can take as short as two months or as long as eight months, with the average being 3-5 months.

Temporary Protected Status

The Biden administration has proposed granting citizenship to certain immigrants who receive temporary protected status benefits. Those who meet certain conditions could apply for green cards immediately to become lawful permanent residents. They can apply for citizenship three years after receiving a green card, two years earlier than usual green-card holders.

An Experienced Green Card Attorney Guiding You on the New Immigration Policy

The new U.S. Citizenship Act of 2023 is a humane, common-sense, and long-overdue approach to solving immigration challenges. The legislation allows immigrants to earn citizenship through various types of green cards. If you want legal assistance in pursuing any of them, an experienced green card attorney in San Jose can help you.

Sadri Law, P.C. is an immigration firm law firm that provides legal representation in immigration services to help clients build a better future. Our immigration attorney can help you explore what the United States offers using an employment, refugee, or family-based visa. We can provide the legal counsel you need to ensure everything works in your favor. Call us at 408-402-4967 to schedule a consultation.

What is a ?

If you’re a U.S. citizen and want to bring your fiancé from a foreign country to the United States, you must file Form I-129F, a Petition for Alien Fiancé(e). You can obtain a K-1 non-immigrant visa for your soon-to-be spouse through this petition. It is also known as a fiancé(e) visa.

Your fiancé(e)’s children may also come to the US, but they will require a different type of visa to do so. An immigration attorney in San Jose takes you through the requirements and eligibility of these crucial immigration documents.

Fiancé(e)’s Children Visas

If your fiancé(e)’s children are under 21 years and not married, they must each obtain a K-2 visa to allow them to relocate to the United States. Remember that the children will not automatically be approved to relocate based on your fiancé(e)’s K-1 visa approval. Each child’s K-2 visa must be applied separately upon Form I-129F approval.

The children will later be eligible to pursue a green card through adjustment of status after your marriage is complete, leading to eventual citizenship for the child with the K-2 visa. Consult a skilled fiancé visa attorney in San Jose for further clarification on how to apply for the K-1 and K-2 visas.

What is the Eligibility for K-1 Visa?

For your fiancé(e) to qualify for the K-1 visa, the following conditions must exist:

• The sponsor, in this case, you, must be a U.S. citizen
• You and your fiancé(e) must intend to get married to each other within 90 days of their admission to the United States on the K-1 visa. The intention of the marriage must be to live together, not just for immigration purposes.
• The marriage must be legal, meaning any previous marriages are terminated through divorce, annulment, or death.
• You and your fiancé(e) must have met in person within the past two years unless you can prove that doing so would violate foreign social practice or culture or result in extreme hardship to you.

Talk to a skilled fiancé visa attorney in San Jose if you need help proving the cultural practice violation. Your lawyer can evaluate your case and help you evaluate your legal options.

K-2 Visa Eligibility

For your fiancé(e)’s children to qualify for a K-2 visa, they must meet the following conditions:

• The applicant must be below 21 years
• They must be unmarried
• Their criminal record must be clear
• They must not be drug addicts
• The US-based sponsor, in this case, you, must show the ability to support the child financially once they get to the United States.
• The child must not have a history of violating immigration laws in the United States.
• They must undergo an immigration medical check.

K-2 visas are available for a fiancé(e)’s stepchildren and adopted children. The children can travel to the U.S. with your fiancé(e) or come later but not before your fiancé(e). However, to be eligible for the visas, they must come to the U.S. and take up permanent residence within one year after your fiancé(e)’s visa is approved.

What is the Process of Applying for a K-2 Visa?

The process of applying for a K-2 visa is almost similar to that of a K-1 visa, involving several steps as follows:

• You submit an application to the U.S. Citizenship and Immigration Services (USCIS) to petition your wish to bring your foreign fiancé(e) and their children to the United States
• The USCIS reviews the petition and approves or denies it. They may request additional information through a message to make an informed decision about the application
• If the application is approved, the USCIS will forward the case to the National Visa Center (NVC), and it will proceed to the U.S. embassy or consulate where your fiancé(e) lives
• Your fiancé(e) and their children will receive notification about the progress of their petition and be asked to submit the necessary documents for visa application
• A visa interview will be scheduled, which could be for both the K-1 and K-2 visas. Children are interviewed based on their ages

If you’re worried about the questions your fiancé(e) and their children might be asked during the interview, consult a skilled immigration lawyer in San Jose. They may be able to provide insights into how the interviewees can prepare.

What Documents Are Required for K-2 Visas?

Each K-2 applicant must provide the following documents at the interview unless otherwise advised:

• Medical exam
• Valid passport (at least six months post the period of stay)
• Police certificates from their current and previous countries of residence for more than six months since their 16th birthday
• Confirmation page for completed Form DS-160 (Online Non-immigrant Visa Application)
• Proof of authentic relationship between the children and your fiancé(e)
• Birth certificate
• The application fees
• 2 x 2 photos

Check with an experienced San Jose fiancé visa lawyer about the photo requirements by the U.S. Citizenship and Immigration. The attorney can also evaluate your application and check to ensure you have all the necessary documents.

An Experienced Immigration Lawyer Providing Guidance on the Immigration Process

Bringing your loved one to the U.S. is exciting, but the process can be complex. Applying for immigration visas is detailed and lengthy, and you may find it challenging to get everything right. An experienced San Jose fiancé visa lawyer handles intricate details of the process to ensure you don’t miss out on essential requirements that could see your application denied.

Sadri Law PC is an immigration law firm that helps clients understand their options when seeking immigration visas. We also assist them in fulfilling the requirements to ensure their applications are approved. If you wish to bring your fiancé(e) and their children to the United States, we can help. Call us at 408-402-4967 to schedule a consultation.

How Does Family-Based Immigration Work?

There are several options for obtaining a green card to become a lawful permanent resident in the United States, but the most common is through family and work. While both immigration methods allow legal access into the country, each approach has different rules and requirements. A skilled person can explain the differences.

Family-based immigration entails entering the US legally through another US citizen or a lawful permanent resident who sponsors your family visa. With the help of an immigration attorney in San Jose, this type of immigration can reunite families, enabling them to live together in the United States.

Filing a Petition for a Family-Based Visa

If you have a relative who is a US citizen, they can file a petition for you if you’re their spouse, parent, child, or sibling. Lawful permanent residents can only petition for their spouse and children. The most popular form to file is the I-130 which indicates that a person qualifies for immigration benefits by being related to a US resident or citizen.

If the applicant seeks to adjust their status, they would also need to fill out form I-485 to file a petition for the adjustment of status application. Other important documents that must be filed with the immigration are:

• An affidavit of support: It proves you won’t become a public charge to the US once you migrate into the US.
• Application for employment authorization and travel permit: This should be filed in the context of an adjustment of status
• Form DS-260: You must file this if you’re going to your local consulate to obtain the visa.

The process can be lengthy and confusing if you don’t know what’s expected of you. Consult a family-based immigration attorney in San Jose for legal counsel. They can also help you apply through your US citizen or LPR relative living in the United States.

Eligibility for Family-Based Visa

Only a foreign national can apply for a family-based visa. The US citizen or LPR sponsoring the applicant must be a spouse, parent, or fiancé (if they can show they will get married within 90 days after the fiancé enters the US) or sibling of the applicant, depending on their status.

If you’re an aunt, niece, nephew, uncle, cousin, grandfather, or grandmother of a US citizen, you don’t qualify for a family-based visa based on a “family relationship.”

Additionally, you don’t qualify for a green card if you’re the parent, sibling, or fiancé of a green card holder living in the United States. The US Congress has a strict definition of what constitutes a family in immigration.

Several reasons would disqualify some US citizens from sponsoring their family members. Such include tax evasion, failure to pay child support, previous criminal record, low income, and past marriage fraud. Consult a skilled family-based immigration attorney in San Jose for help if your application has been denied.

What is Employment-Based Migration?

If you don’t have what the US Congress considers a “family relationship” with a US citizen or a lawful permanent resident, you may obtain a green card through an employer in the United States to allow you to work in the country.

Much of the immigration process is handled by your employer. The visas can be temporary or permanent, and the number of visas available each year is limited.

How Employment-Based Immigration Visas Work

The employer offering you a job in the US will request a prevailing wage determination (PWD) from the Department of Labor in the US. They will advertise the position in good faith and recruit to determine that no qualified US worker fits the role well. The company will then file a PERM labor certification application online.

Be prepared to wait, as the process can be lengthy, taking up to 180 days and a few other days or weeks for the visa to become available. Once your visa is ready, you must file a green card application and attend an interview at your local US embassy if you’re not already in the United States.

You will be granted a visa upon completion of the interview. If you need clarification about any part of the process, contact an experienced San Jose immigration attorney for legal counsel and guidance on preparing for the interview.

Priority Workers

In obtaining a green card through a job offer from a US-based employer, you will be classified as a priority or a non-priority worker. A priority worker is an employee with a specialty, high skill level, and competence in a specific subject. Examples are researchers, outstanding professors, internationally recognized artists, and people with international experience.

These workers, known as employment first preference, have a more straightforward immigration process. They don’t have to undergo the complex labor certification process and may not need a job offer to get an employment-based visa. The Department of Labor has already determined nobody else can do their job.

Non-Priority Workers

Workers offered jobs that require graduate degrees and years of experience may be eligible for immigrant visas under the employment second preference category.

However, they must first acquire the Department of Labor certification, indicating that no qualified US worker is available for the position.

Unskilled workers and those without a university degree may also qualify for an employment-based visa under the employment third preference category. These include factory workers, domestic workers, plumbers, and carpenters.

Comprehensive Immigration Services From an Experienced Professional

If you’re considering migrating to the United States, consider a family or employment-based visa, depending on your circumstances. An immigration lawyer in San Jose can provide all the legal information you need concerning the two types of immigration processes. They may also be able to help with your immigration application.

Our family-based immigration lawyer in San Jose strives to keep families together through the immigration process. Trust us to evaluate your application and intervene to make the process less intimidating and frustrating. Call Sadri Law, PC, at 408-402-4967 to talk to a dedicated immigration attorney.