CITIZENSHIP AND NATURALIZATION
 

Immigration Practice

Karasik Law Group provides comprehensive legal services in all areas of immigration and nationality law to individuals, employers, and commercial entities. For individuals, we provide guidance and advocacy in obtaining temporary work visas, visa extensions, and permanent resident (“green card”) status for foreign nationals; and we assist clients in becoming naturalized United States citizens, and solving problems with the USCIS and the Department of State, including consulate petitions.

For businesses, our goal is to assist our clients in resolving all immigration matters that arise on a daily basis in the global marketplace. We serve both foreign and domestic clients needing to transfer personnel to the United States; these include entertainers, athletes, National Interest Waivers, professionals, persons who possess extraordinary abilities, and investors and Regional Centers.

Immigration law is federal and applies equally to all states. Most immigration filings are done by mail or e-filing. This allows us to successfully represent clients wherever they live or do business. Thus, we can represent you even if you live in a different state or abroad.

Citizenship and Naturalization

Naturalization is the manner in which a person not born in the United States voluntarily becomes a U.S. citizen.  The most common path to U.S. citizenship, which allows a green card holder (permanent resident) of at least 5 years to apply for naturalization. Other paths include:

  1. Green card holders married to U.S. citizens
  2. Green card holders in the military and their family
  3. Citizenship through parents

Before you apply for naturalization, you must meet a few requirements. Depending on your situation, there are different requirements that may apply to you. General requirements for naturalization are below.

Eligibility Requirements

•Be at least 18 years old at the time of filing Form N-400, Application for Naturalization.

•Be a permanent resident (have a “green card”) for at least 5 years.

•Have lived within the state or USCIS district with jurisdiction over your place of residence for at least 3 months prior to the date of filing Form N-400.

•Have continuous residence in the United States as a lawful permanent resident for at least 5 years immediately preceding the date of filing Form N-400.

•Be physically present in the United States for at least 30 months out of the 5 years immediately preceding the date of filing Form N-400.

•Be able to read, write, and speak basic English.

•Have a basic understanding of U.S. history and government (civics).

•Be a person of good moral character.

•Demonstrate an attachment to the principles and ideals of the U.S. Constitution.

Family-Based Immigration

Family of U.S. Citizens may petition for certain family members to receive either a green card, a fiancee visa or a K-3/K-4 Visa based on family relationship.

Type of Relative for Whom US Citizen May Petition:

  • Spouse
  • Children (unmarried and under 21)
  • Sons and daughters (married and/or 21 or over)
  • Parents, if you are 21 or over
  • Siblings, if you are 21 or over
  • A fiancé(e) residing outside the United States and children of fiancé(e) under 21
  • Children of spouse (unmarried and under 21)
  • Spouses of deceased U.S. permanent residents (widows and widowers) may also be eligible to become permanent residents.

To petition for a family member to receive a green card (permanent residence), you must submit the following:

  1. Form I-130, Petition for Alien Relative
  2. Proof of your U.S. citizenship
  3. Evidence of the qualifying relationship (birth certificate, marriage certificate, divorce decree, etc.)
  4. Proof of any legal name change for you or the beneficiary

Immediate Relatives are eligible for immediate processing of their visas and exempt from annual visa quotas.  The term “immediate relative(s)” is used to define certain immigrant relatives of U.S. citizens. Immediate relatives include:   Spouses of U.S. citizens; Children (unmarried and under 21) of U.S. citizens; Parents of U.S. citizens (The petitioning citizen must be 21 or older.)

For immediate relatives of U.S. citizens, visas are always available, which means that your family member does not need to wait in line for a visa. Immediate relatives who are in the United States can file Form I-485, Application to Register Permanent Residence or Adjust Status at the same time as Form I-130.

Preference Categories  apply to family members who are not immediate relatives. The visas alloted for these categories are subject to annual numerical limits (quotas). A visa becomes available to a preference category based on the priority date (the date the Form I-130 was filed). Preference categories are grouped as follows:

  1. First preference: Unmarried, adult sons and daughters of U.S. citizens (adult means 21 or older.)
  2. Second Preference (2A): Spouses of green card holders, unmarried children (under 21) of permanent residents
  3. Second Preference (2B):  Unmarried adult sons and daughters of permanent residents
  4. Third Preference: Married sons and daughters (any age) of U.S. citizens
  5. Fourth Preference: Brothers and sisters of adult U.S. citizens

For current wait times, see the “Visa Bulletin” page on the U.S. Department of State website.

If your relative is already in the United States, he or she may apply to adjust status to become a green card holder (permanent resident) after a visa number becomes available using Form I-485.

If your relative is outside the United States, your petition will be sent to the National Visa Center (NVC). The NVC will forward your petition to the appropriate U.S. consulate when a visa becomes available and your relative will be notified about how to proceed. This process is referred to as “Consular Processing.”

Your family member’s preference category will determine how long he or she will have to wait for an immigrant visa number.

Employment-Based Immigration

Many people become permanent residents through a job or offer of employment. Some categories require a certification from the U.S. Department of Labor to show that there are not enough U.S. workers who are able, willing, qualified, and available in the geographic area where the immigrant is to be employed and that no American workers are displaced by foreign workers. In other cases, highly skilled workers, those with extraordinary ability in certain professions, and investors/entrepreneurs are given priority to immigrate through several immigrant categories. In all cases, the process involves several steps.

The main ways to immigrate based on a job offer or employment are listed below.

Green Card Through a Job Offer

You may be eligible to become a permanent resident based on an offer of permanent employment in the United States. Most categories require an employer to get a labor certification and then file a Form I-140, Immigrant Petition for Alien Worker, for you.

Green Card Through Self Petition

Some immigrant categories allow you to file for yourself (“self-petition”). This option is available for either “Aliens of Extraordinary Ability” or certain individuals granted a National Interest Waiver.

Green Card Through Special Categories of Jobs

There are a number of specialized jobs that may allow you to get a green card based on a past or current job. All of these require a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, and are described in Section 101(a)(27) of the Immigration and Nationality Act (INA):

  • Afghan/Iraqi Translator
  • Broadcaster
  • International Organization Employee
  • Iraqi Who Assisted the U.S. Government
  • NATO-6 Nonimmigrant
  • Panama Canal Employee
  • Physician National Interest Waiver
  • Religious Worker
  • In some cases, you may be able to file the immigrant petition (either a Form I-140 or I-360, depending on your category) at the same time that you file Form I-485, known as “concurrent filing.”