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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.

What is the Violence Against Women Act?

Many women and girls move to the United States in search of greener pastures because of the poor conditions they have in their countries. Unfortunately, they become exposed to domestic violence, workforce exploitation, and human trafficking. The law protects these immigrants to ensure they don’t continue suffering and can live peacefully in the U.S.

The Violence Against Women Act (VAWA) is one of the protections passed by Congress in 1994. A skilled immigration attorney in San Jose can help you fight deportation and become a permanent resident if you’re an immigrant and a victim of domestic violence. Your lawyer can evaluate if you can apply for a green card separate from your abuser through VAWA.

What Are the Eligibility Requirements for a VAWA Green Card?

VAWA and its subsequent authorizations provide non-citizens who have been abused the ability to file a green card petition independently. They can do so without letting the abuser (U.S. citizen relative or lawful permanent resident (LPR) relative) know, as they don’t need their consent or participation in the immigration process.

VAWA applies to both male and female petitioners. Eligibility depends on whether you’re the spouse, parent, or child of a U.S. permanent resident or citizen. You must meet the following requirements to qualify for a VAWA-based green card and an experienced VAWA attorney in San Jose can help you.

The Abuser Must Be or Must Have Been a U.S. Citizen or Lawful Permanent Resident

Your qualifying relative must have been a U.S. citizen or a Lawful Permanent Resident when the abuse happened.

Additionally, you can file a petition under VAWA even if the abuser loses their permanent residence or citizenship. If you’re filing based on domestic violence, ensure you file petition I-360 within two years of the abuser losing their status.

There Must be a Qualifying Relationship Between You and the U.S Citizen or Lawful Permanent Resident

You also must prove a qualifying relationship with your abuser, who is a U.S. citizen or lawful permanent resident. The law recognizes three qualifying relationships:

Spouse of the Abusive Citizen or LPR

To qualify under this relationship, you must show you entered a bonafide marriage with a U.S. citizen or LPR. You also must prove that you intended to establish a life together when entering the marriage. If you entered the marriage solely for immigration benefits, your union would not qualify as a good-faith marriage.

If you’re not currently married to the abuser, you may still qualify for VAWA. You must show that the marriage ended within the last two years before your VAWA application. Your marriage must also have ended because of abuse from your spouse.

Child to the Abuser

You may qualify for VAWA if you’re the abused child of a U.S. citizen or LPR. You must prove a parent/child relationship with the abusive parent.

Parent of the Abusive Citizen or LPR

You may also qualify for VAWA if you’re the abused parent of a U.S. citizen or LPR. You must prove that the abuser is your child and they’re at least 21 years old. Your VAWA lawyer in San Jose can provide legal advice and counsel about the legal documents you must provide to prove these elements.

Residence Requirement

Under the residence requirement, you must show that:

• You reside in the U.S. at the time of filing the VAWA petition. If you don’t live in the U.S. at the time of filing the petition, you must show that your relative abuser subjected you to extreme battery or cruelty in the U.S. Alternatively, they must be an employee of the U.S. government or a member of the uniformed services.
• You must have lived in the same residence with the U.S. citizen or LPR at some point.

Abuse or Battery Occurred During the Relationship

The law requires you to show that you were subjected to extreme cruelty by your family member or relative, a U.S. citizen, or LPR. Examples of battery include sexual abuse and physical violence. Extreme cruelty entails controlling behaviors, emotional abuse, forcible detention, and threats to harm or deport you.

The list is not exhaustive, and you can talk to VAWA lawyers in San Jose if the abuser subjected you to a different kind of abuse not listed here. Remember, the USCIS will consider the totality of the circumstances when deciding whether yours is a case of battery or extreme cruelty.

You Must Be a Person of Good Moral Conduct

You can only qualify for relief under VAWA if you have been of good moral character for at least the past three years. Some things that could prevent you from showing good moral character include the following:

• Illegal gambling
• Being a habitual drunkard
• A criminal history
• Harming others
• Lying under oath
• Having committed marriage fraud in the past

If you have a history that could disqualify you from being considered a person of good moral conduct, talk to an immigration lawyer in San Jose. They can help you fight for the most favorable outcome despite past mistakes.

An Experienced Immigration Lawyer Helping You with Your VAWA Application

If you’re considering applying for VAWA, hiring an experienced VAWA attorney is in your best interest. They can play a crucial role in helping you prove your case and obtain a visa. An abusive relationship can be isolating; you don’t have to go through the petition alone.

Our law firm supports immigrants exposed to domestic abuse in San Jose, CA. In addition to providing immigration support, we are also seasoned in the paperwork and process of obtaining a VAWA green card. Remember the process is highly confidential, and we can check to ensure the abuser is not tracking you. Call Sadri Law PC at 408-402-4967 today for a case evaluation.

What is a CR-1 or IR-1 Visa?

CR-1 and IR-1 visas enable spouses of U.S. citizens or lawful permanent residents to travel and move to the United States. If you apply for either visa type and it is approved, you can apply for a marriage green card to become a lawful permanent resident (LPR). However, the two visas have some notable differences.

Since they’re both meant for spouses, a skilled immigration attorney in San Jose explains what that means. They will also take you through the requirements for each visa type. If you need legal assistance with your visa application, a lawyer can also step in to hasten the process.

Who Is a Spouse?

A spouse is a legally wedded wife or husband, and merely living together doesn’t qualify you for immigration on a CR-1 or IR-1 visa. If you married through common-law, you might be eligible as a spouse depending on the laws of your country where common-law marriages happen.

If you’re in a polygamous union consult a skilled CR-1 and IR-1 Visa attorney in San Jose if you would like more clarification and would like help in applying for the visas.

Requirements for CR-1 and IR-1 Visas

In addition to fitting into the definition of a spouse, you also must meet the following conditions when applying for a CR-1 or IR-1 visa:

• Your sponsoring spouse must be a lawful permanent resident or citizen of the United States.
• Your spouse must be at least 18 years.
• They must have a household income of 125% of the federal poverty level. If not, they can use a joint sponsor to meet this requirement.
• The sponsoring spouse must agree through a legal arrangement to support you financially, including filing an affidavit of support.
• Your spouse must have a domicile or residence in the United States, meaning they must primarily live in the U.S. and plan to live there for an extended time.
• Alternatively, they must prove they intend to return to the country with you.
• You must provide proof that you’re legally married, for example, through a marriage certificate,

What is a CR-1 Visa?

A CR-1 visa, also known as a conditional resident visa, is for immigrant spouses who had been married for less than two years when they entered the U.S. with their visa. If this is your status, you can move to the U.S. on a “conditional” basis and must stay married for at least two years before applying to remove the conditions from your permanent resident card.

Once this period elapses, you will receive an IR-1 visa valid for ten years. If you divorce your spouse in two years, the visa ceases to be valid. You could face deportation if you don’t return to your home country. An experienced CR-1 and IR-1 visa lawyer in San Jose can provide legal counsel and representation to help you avoid deportation.

What is an IR-1 Visa?

An IR-1 visa, also known as a relative visa, is for spouses who have been married for more than two years when they enter the United States on an immigrant visa.

Since the couple has been married for a considerable time, the IR-1 visa doesn’t have additional conditions. However, the recipient must wait ten years before renewing their green card.

The Difference Between the CR-1 and IR-1 Visa

The primary distinction between the CR-1 and IR-1 visas is the time it takes to become a permanent U.S. resident. With the CR-1 visa, you can be married to your spouse for less than two years when you arrive in the U.S. You move to the U.S. as a conditional resident, meaning you have to file for a 10-year green card after two years.

With the IR-1 visa, you get immediate and unrestricted permanent residency upon entering the United States. It is a visa for couples married for more than two years. They only need to renew their permanent resident card after ten years.

Depending on your situation, you can switch from a CR-1 visa to an R-1 visa. You must file a Petition to Remove the Conditions of Residence by completing Form 1-751. Complete and file the form within 90 days before you mark two years as a conditional resident. An experienced San Jose immigration lawyer can help you apply within the time limits.

How Can I Apply for a CR-1 or IR-1 Visa?

Applying for these immigrant spouse visas involves filling out multiple documents, but the general steps you must complete are as follows:

• Gathering the relevant documents to prove your marriage is authentic
• Submission of a petition by your spouse who is a U.S. citizen by submitting Form 1-130
• The signing of Form 1-864 or Form 1-864EZ, which is an affidavit of support
• Online application of Form DS-260 for an immigrant visa and alien registration and DS-260 that tells the State Department how to best communicate with you
  Interview
• Approval or denial of your application

Working with a CR-1 and IR-1 visa lawyer in San Jose enhances your chances of success in your visa application. They can also help you appeal the decision if your visa application is denied and you believe there was an error.

An Experienced Immigration Attorney Walking With You Every Step of the Way

Moving to the United States with your spouse can be exciting, but applying for a CR-1 or IR-1 spouse visa can be complex and tedious. The paperwork is involving, and the requirements are stringent. A small mistake in your petition could make the USCIS deny your petition. That’s why you should work with a skilled immigration attorney in San Jose to help you navigate the process.

Our CR-1 and IR-1 visa lawyers can assess your documents to ensure you’ve filled them out correctly. They can also help you file your petition within the required deadlines by providing all the supporting documents to avoid delays. We’re dedicated to helping you at every stage of the process. Contact Sadri Law PC at 408-402-4967 to get started.

Divorce will not impact many green card holders’ green card status. However, this only applies to lawful permanent residents with a 10-year green card. If you are a conditional resident, divorce and separation could impact your legal status, and you must act quickly with the help of an immigration attorney to protect yourself.

The only action you must take is to file Form I-90 or the Application to Replace Permanent Resident Card status. This will allow you to renew or replace your green card. Our attorney helps you prepare, file, and submit a Form I-90 after divorce.

Am I Responsible for My Spouse After Divorce?

Many spouses achieve legal citizenship status through marriage. If your spouse received permanent residence by marrying you, it’s your financial obligation to support them, even if the divorce settlement did not include alimony or spousal support.

You also are responsible for financially providing for your ex-spouse even if they received half the marital assets in the divorce. It is set up this way to weed out couples that only marry for marital status and divorce shortly after and live off of the government. Your financial duty is to ensure your spouse is not eligible for public benefits like food stamps and unemployment benefits.

We ensure you comply with these legal obligations so your spouse does not pursue legal action.

Do I Need to Notify Immigration of My Divorce?

Divorce would impact conditional residents if they received legal status through a spouse. Divorce can hinder a spouse’s (conditional resident) ability to gain permanent residency if they don’t take immediate action. Essentially, a divorce dissolves the relationship that made you eligible for a green card, and even if the USCIS has already approved you, you may no longer be eligible.

Our attorney helps conditional residents prepare, file, and submit Form I-751 to immigration authorities with a joint filing requirement with their spouse to prove the marriage was in good faith. There are certain exceptions to filing without a spouse, including domestic violence or a spouse’s death.

Are there Other Conditions to Worry About After Divorce?

A divorce might pose an issue if you were only married to your spouse for two years or annulled your marriage. The two-year period after a couple marries allows the United States Citizenship and Immigration Services (USCIS) to ensure the marriage was entered in good faith and not for citizenship purposes.

The USCIS will likely investigate your marriage further. Our attorney can help you file a Form I-751 petition in response, which helps prove the validity of your relationship. Failure to file or an unsuccessful petition can result in deportation, so we will ensure you act vigilantly. Contact our law offices today to protect your green card status: 408-402-4967.

A foreign-born citizen on a temporary visa in the United States to live or work can use an adjustment of status to obtain lawful permanent residency. An adjustment of status is the process by which a person attains an immigrant visa or green card.

Generally, all foreign-born individuals must be in a lawful status to seek an adjustment of status, or the United States Citizenship and Immigration Services will deny their application. For example, suppose an immigrant overstayed the U.S. on an expired visa or never had a lawful status. In that case, a status adjustment is impossible for these non-citizens.

We can quickly determine if you are a candidate for an adjustment of status when you speak with our experienced immigration attorney.

Am I Eligible for an Adjustment of Status?

An adjustment of status is an application filed by a foreign-born citizen in the United States who wants to change their non-immigrant status to immigrant or permanent resident. To be eligible, an immigrant must meet the following criteria:

• Proof of residence in the United States
• An immigration petition must have been approved
• An immigrant must have entered the United States legally
• There must not be any change in an immigrant’s circumstances that might hinder eligibility, such as employment

During our consultation, our attorney will review your case and determine your eligibility for an adjustment of status.

What is Form I-185?

Form I-185 is the official green card application for individuals looking to pursue an adjustment of status. Different requirements are needed to complete and file Form I-185 for immediate relatives, individuals in the United States for employment, and special immigrant juveniles.

For example, family preference immigrants must meet the exact requirements as immediate relatives and provide additional proof regarding lawful status, documentation regarding a relationship to the applicant, and additional forms mandated by the USCIS.

We will ensure that you provide all necessary documentation and proof required by the USCIS to ensure a seamless process.

What Happens After Approval?

An adjustment of status approval usually takes eight to 14 months for family-based applications and sometimes longer for other forms, such as employment-based or special immigrant juvenile applications. However, a perk is that immigrants may remain in the United States as they await the arrival of their status adjustment.

Our attorney helps vet your eligibility and fulfill the requirements to cut down on time and money. It’s also part of our job to ensure we fix any issues that delay or stand in the way of your achieving lawful permanent residency. Contact our firm for assistance with Form I-185 or the application process and schedule a consultation with our experienced immigration attorney at 408-402-4967.