family based immigration


If you are a United States Citizen or a Lawful Permanent Resident, you may be eligible to petition your family members for immigrant status.


  • Immediate Relative Category: Spouse, widow(er), unmarried child under 21, and parent of a United States Citizen.
  • First Preference: Unmarried sons and daughters (age 21 and older) of U.S. Citizens.
  • Second Preference A: Spouses and children of lawful permanent residents.
  • Second Preference B: Unmarried sons and daughters (age 21 and older) of lawful permanent residents.
  • Third Preference: Married sons and daughters of U.S. Citizens.
  • Fourth Preference: Brothers and sisters of adult U.S. Citizens.



employment based immigration


You can obtain immigrant status through employment if you qualify under any of the five following preference categories:


First Preference

  • Persons of Extraordinary Ability in Sciences, Arts, Business, or Athletics which has been demonstrated by sustained national or international acclaim.  No employer or job offer is required.  However, you must have extensive documentation proving that you are in the top level of your field.
  • Outstanding Professors and Researchers who are internationally recognized for their outstanding academic achievements in a particular field.  You need to possess at least three years of experience in teaching or research in the academic field, and you must have a job offer.
  • Multinational Executives and Managers of Foreign Companies or Affiliates who are transferred to the United States.  You must have been employed by the petitioning firm or legal affiliate in an Executive or Managerial capacity for at least one year during the three years preceding 1) the filing of the petition if filing from outside the United States or 2) entry as a non-immigrant if already in the United States. 


Second Preference

  • Members of Professions holding Advanced Degrees or their equivalent.  Even if you do not have a Master's degree, it is still possible to qualify under this preference category if you possess a baccalaureate degree followed by at least five years of progressive experience in the specialty.  You may be exempt from the job offer requirement and waived from the labor certification requirement if the employment is in the national interest of the United States.
  • Aliens of Exceptional Ability in the Sciences, Arts, or Business who demonstrate a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.


Third Preference

  • Professionals who have the equivalent of a United States Bachelor's degree as a professional.
  • Skilled Workers who can perform skilled labor requiring at least two years of training or experience.
  • Other Workers who can perform unskilled labor requiring less than two years of training or experience.


Due to the high interest in the third preference category, our website provides more detailed information.  Please refer to our 3rd Preference Employment Based section.


Fourth Preference

  • Special Immigrants
  • Religious Worker who has been a member of a religious denomination for at least two years immediately preceding the time of filing of the application and who seeks to carry on the vocation as a minister of that denomination or to work in a professional capacity in a religious vocation or occupation or to work for an organization in a religious vocation or occupation.  The religious worker must also have been working continuously in such capacity for the last 2 year period proceeding the the of filing of the application.


Fifth Preference

  • Employment Creation or Investors who will enhance employment opportunities in the United States.  This category grants two years conditional residency to those who invest $1,000,000 or $500,000 in a designated rural or high unemployment area, with the intention to benefit the economy and create at least 10 full time jobs.



naturalization


It is the goal of many immigrants to become U.S. Citizens. If you were not born a United States Citizen, you may become a United States Citizen through a process called Naturalization.


To be eligible for Naturalization, the general criteria include as follows:

  • Must be an LPR (Legal Permanent Resident) for 5 years (or 3 years if status was obtained through marriage to a United States Citizen).
  • Must be 18 years old.
  • Must meet continuous residence and physical presence requirement.
  • Must be a person of good moral character.
  • Must read, write, and speak the English Language.
  • Must have basic knowledge and understanding of the U.S. history and government.


If you have any prior arrests or any other questions/issues with respect to any of the above requirements, it is very important to consult with an attorney regarding your potential application for naturalization. Our office can assist and represent you in filing your application and during your interview process.

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IMIN LAW    Employment & Family Based Immigration

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