RESIDENCY & CITIZENSHIP
RESIDENCY & CITIZENSHIP
Are you looking for a citizenship attorney that can help you obtain your green card and/or United States citizenship? Look no further than Neri Law Offices. Paola I. Neri, Esq. is a citizenship attorney and a residency lawyer that offers full scale representation for people seeking to obtain their green card in the United States (Adjustment of Status) and abroad (Consular Processing) as well as United States citizenship once the person meets the residency requirement.
RESIDENCY (GREEN CARD)
A green card can be obtained by way of a family member or a self-petition. Depending on the facts of your case, you may require a waiver of inadmissibility (I-601/I-601A) and/or a waiver for permission to reapply for admission into the United States after deportation or removal (I-212). Neri Law Offices has a U.S. residency lawyer with extensive experience in waivers. With over 150+ waivers processed and a 99% approval rate, you are in great hands.
FAMILY-BASED VISA APPLICATION
To obtain a green card through a family member in the United States, the family member must file a Form I-130, Petition for Alien Relative. Not every family member is eligible to petition for you and a licensed residency lawyer can assess your eligibility as this is only the first step in a green card case.
- Spouse (Lawful Permanent Resident (LPR) or United States citizen (USC))
- Child (United States citizen and 21 or older)
– Includes stepchildren if you married the parent before the child’s 18th birthday
- Parent (LPR or USC)
- Sibling (USC and 18 or older)
– Includes half-siblings
– Includes stepsiblings if you were both under 18 when parents married, and they remain married
– Includes adopted siblings if you were both under 16 when adopted
Note for Temporary Protected Status (TPS) holders in the 6th, 8th, and 9th Circuits: You may be eligible for Adjustment of Status. Call (619) 361-1118 for more information.
- 6th: Kentucky, Michigan, Ohio Tennessee
- 8th: Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota
- 9th: Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington
You can also obtain a green card through a self-petition such as:
- U Visa for victims of a qualifying crime;
- Violence Against Women Act (VAWA), which protects women, men, and children who have been battered or subjected to extreme cruelty at the hands of a Lawful Permanent Resident (green card holder) or a U.S. citizen abuser; and
- Survivor benefits for Widows and Widowers of U.S. citizens.
ADJUSTMENT OF STATUS
If you have a legal entry (admission) into the United States, you can file to obtain your green card in the United States without departing abroad to your home country. Examples of a legal entry include entering the United States with a valid document issued by the U.S. government such as your tourist visa (B-1/B-2), Border Crossing Card (BCC), Advance Parole (in certain circumstances), Military Parole-In-Place document, and being waived in through a U.S. Port of Entry.
- If you are an active-duty member of the U.S. Armed Forces, Selected Reserve of the Ready Reserve, or a veteran, you qualify to help your noncitizen parent(s), spouse, and/or child(ren) obtain a “parole in place” permit that may allow them to file for their green card and get an interview in the United States. If your family member does not qualify for a green card, s/he may be able to obtain a work permit and renew it yearly.
Another way to process your green card case in the United States is if you have 245(i) benefits, which means that there is an immigrant visa petition (Form I-130) or a labor certification that was filed on or before April 30, 2001 and you are either the principal beneficiary or a derivative. Make sure that you ask your family members about any such petitions. If no records can be found, Neri Law Offices can process a Freedom of Information Act (FOIA) request to obtain immigration records even if the person is now deceased. To read more, please visit the Immigration Law Overview page under Legal Services.
If you do not have a legal entry (admission) into the United States and are pursuing a green card through a Form I-130, Petition for Alien Relative, you will be required to depart the United States at the end of your case to attend your green card interview at a U.S. Embassy in your home country. If you have accumulated unlawful presence in the United States and/or have a deportation/removal order, your case will require a waiver(s). Neri Law Offices has a residency lawyer that coordinates with USCIS, the National Visa Center (NVC), and the U.S. Department of State to prepare your case from start to finish. To read more, please visit the Residency Abroad & Waivers page under Legal Services.
If you need a citizenship attorney, Neri Law Offices can screen you for citizenship eligibility. To apply for U.S. citizenship through the process of naturalization, you must meet the following requirements:
- 18 years of age or older at time of filing Form N-400;
- Lawful Permanent Resident (LPR) for at least 5 years or 3 years if LPR was through spouse;
Demonstrate that your spouse has been a USC for at least 3 years at the time you file
Demonstrate that you and your spouse have lived in marital union for at least 3 years at the time you file
- Lived within the state or district where you claim residence for at least 3 months prior to filing;
- Physical presence for 2 ½ years at the time of filing (18 months if LPR was through spouse); and
- Good moral character for at least 5 years prior to filing and during the period leading to administration of the Oath of Allegiance (statutory period).
You may be eligible to file your Form N-400 up to 90 days before you meet the required 5-year or 3-year period of continuous residence as an LPR.
As part of the naturalization process, you will be required to understand the English language, including the ability to read, write and speak words in ordinary usage and pass a civics exam to demonstrate your knowledge and understanding of the fundamentals of U.S. history and the form and principles of government of the United States.
Exemptions to the English Language Test (reading/writing) Related to Age and Time as an LPR
- 50 years of age or older and have lived in the United States as an LPR for periods totaling at least 20 years at the time of filing.
- 55 years of age or older and have lived in the United States as an LPR for periods totaling at least 15 years at the time of filing.
- 65 years of age or older and have lived in the United States as an LPR for periods totaling at least 20 years at the time of filing (also comes with a simplified version of the civics test – 10 questions and you must get 6 questions correct.
AQUISITION OF CITIZENSHIP & DERIVATIVE CITIZENSHIP
Acquisition of Citizenship for a child born abroad is complicated and requires an experienced citizenship attorney to go through several requirements depending on whether the child is born in wedlock, out of wedlock, to a U.S. citizen mother, to a U.S. citizen father, and many additional factors. Children can also obtain citizenship as derivatives when their parents naturalize or they are adopted by U.S. citizen parents, provided that certain conditions are met. If you would like to consult with a citizenship attorney, please contact our office for a consultation.
APPLICATION FOR CERTIFICATE OF CITIZENSHIP
Neri Law Offices processes applications to obtain a certificate of citizenship for individuals who were born outside of the United States to a U.S. citizen or who automatically became a U.S. citizen after birth, but before s/he turned 18 years of age.