Immigration
Immigration Attorney Serving Houston, TX
FAMILY-BASED IMMIGRATION
At Garza & Associates, we are committed to providing quality services to ensure family unity and prevent family separation. We assist U.S. citizens and Legal Permanent Residents to petition for their families and apply for permanent residency.
You can become a lawful permanent resident through a family-based immigration petition if you have a relative who is a citizen of the United States or a relative who is a lawful permanent resident in the United States. We can assist you with every step of the multi-step process to become a legal permanent resident.
Who Qualifies to File a Family-Based Immigrant Petition?
U.S. Citizens and Lawful Permanent Residents (LPR’s) can both file petitions for certain family members, depending on whether the petitioner is a U.S. citizen or a Lawful Permanent Resident. The U.S. Citizen or LPR is known as the “Petitioner” and the relative is known as the “Beneficiary.”
U.S. citizens can file a family-based petition for their:
- husband or wife,
- parents,
- brothers and sisters,
- and children. (U.S. Citizens can file for their married or unmarried children of any age).
Lawful permanent residents can only file family-based petitions for their:
- husband or wife, and
- unmarried children.
LPR’s can file for (their children of any age, as long as the son or daughter is unmarried).
Our experienced legal team is here to guide you through the appropriate visa categories that will allow your family member to become a permanent resident of the United States. Once an immigrant family petition has been filed and approved, what follows next depends on whether your family member is considered an “immediate relative” or a “family-based preference immigrant.”
Immediate Relative Petitions
“Immediate relatives” are:
- Husband or wife of U.S. citizens,
- Minor unmarried children (under 21 years of age) of U.S. citizens,
- Parents of U.S. citizens, provided the citizen petitioner is at least 21 years of age, and
- Spouses and children of deceased U.S. citizens who have not remarried.
For these beneficiaries, an immigrant visa is immediately available. The only wait time involved is the time USCIS takes to process the petition.
LPR Petitions & Family-Based Preference Categories
“Family-based preference immigrants” are other classes of relatives who are not “immediate relatives.”
The family preference categories are:
- First Preference
- Unmarried sons or daughters of U.S. citizens who are 21 years of age or older
- Second Preference
- (2A):Spouses or children of Lawful Permanent Residents, or
- (2B):Unmarried sons or daughters of Lawful Permanent Residents
- Third Preference
- Married sons or daughters of U.S. citizens
- Fourth Preference
- Brothers or sisters of U.S. citizens, if such citizens are at least 21 years of age
Family based preference immigrants are subject to a quota of specific number of immigrant visas allotted to each of the family preference categories. All preference immigrants are assigned a priority date. The “priority date” is the date when the immigrant petition on behalf of the relative was filed. The Visa Bulletin, which is published by the U.S. Department of State, provides a monthly update of what priority dates are being processed and explains how immigrant visas are allotted.
When the beneficiary’s priority date is earlier than the cut-off date as it appears in the Visa Bulletin that means an immigrant visa is now available to the beneficiary. A copy of the monthly Visa Bulletin is available at the Department of State website (link: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html ).
Family immigration can be a complex process. Don’t be a victim of family separation. Let our experienced legal team at Garza & Associates analyze your family’s individual circumstances and set you on the right path to becoming a permanent resident.
PROVISIONAL WAIVER (I-601A)
If you entered the United States without inspection and you are the spouse or child of a U.S. citizen or Lawful Permanent Resident, you must eventually depart the United States and apply for your permanent residence abroad through Consular processing, unless you qualify for a unique exception for adjustment of status.
Because you are residing in the United States unlawfully, you may apply for the Provisional Waiver (I-601A) process before leaving the country to Consular process. This means that you may await approval of the waiver while you remain in the United States. While you still must eventually depart the United States to obtain the immigrant visa through the Consular process, if you are approved for the provisional waiver, you will depart the country with the security that you will be granted your visa promptly.
To be approved for a provisional waiver, the applicant must show that their U.S. citizen or LPR spouse or parent will suffer extreme hardship if the applicant is not allowed to re-enter the United States. For USCIS to approve your waiver, you must explain your family dynamics and personal circumstances and how the denial of your I-601A waiver would cause your qualifying relative's extreme hardship. Because each family is different, our lawyers will work closely with you and your family to attempt to explain to USCIS your unique circumstances that meet the standard of extreme hardship.
Let us assist you in keeping your family together. Contact our Texas law firm for more information. We can provide accessible payment arrangements for your convenience.
Employment-based Immigration
At Garza & Associates
we assist individuals and employers through all phases of the employment-based immigration process. The process for obtaining permanent residence based on employment usually involves three phases:
- The employer must first obtain a “Labor Certification” from the U.S. Department of Labor (DOL) if the category requires it.
- The employer then petitions USCIS on behalf of the foreign national for immigrant classification under the employment-based preference on Form I-140.
- The foreign national applies to USCIS for Lawful Permanent Resident status or the “green card” through adjustment of status in the United States or Consular processing overseas.
Depending on the employment-based preference category through which the individual immigrates, a Labor Certification may or may not be required. The employment-based preference category is determined by the education and experience required for the position and beneficiary’s qualification.
Under immigration law, employers may petition for legal employment status for the following workers:
- Priority workers: persons of extraordinary ability in sciences, arts, or business
- Outstanding professors and researchers
- Multinational managers and executives
- Advanced degree professionals or persons of exceptional ability
- Skilled workers, professionals, and other workers
- Certain special immigrants such as religious workers
- Investors (EB-5)
These categories of workers have different processing requirements and waiting periods to obtain lawful permanent residence. Once the initial step has been taken in the chosen category, whether the filing of a Labor Certification or immigrant petition (Form I-140), the individual will be given a priority date. If filing a Labor Certification, the priority date is the date on which the application for Labor Certification is filed with the Department of Labor. If the individual is not required to file a Labor Certification, as is the case in certain employment-based categories, the priority date is established on the date the immigrant petition (Form I-140) is filed.
Once a priority date is established, the foreign national must wait for his/her priority date to become “current” before submitting an application for permanent residence or adjustment of status. As the number of foreign nationals that desire to become permanent residents surpasses the number annually allowed to become permanent residents, backlogs are common in certain categories. If there is a backlog, the foreign national must wait for the dates to move in his/her favor until his/her priority date becomes “current.” If there is no backlog, then the category is “current” and all foreign nationals in that category with an approved immigrant petition may apply for permanent residence and employment authorization. It is important to note that the foreign national must maintain their non-immigrant status at least until they file for adjustment of status.
Citizenship and Naturalization
At Garza & Associates, we know there are few better feelings than acquiring your U.S. Citizenship. U.S. Citizenship can be obtained by birth within the territory of the United States, or through parents with U.S. citizenship, or by naturalization.
Naturalization is the process by which the United States gives citizenship to foreign nationals after they fulfill the requirements established by the Immigration and Nationality Act (INA).
If you are a Lawful Permanent Resident of the United States, you may be eligible to apply for U.S. citizenship under the following circumstances:
- You have lived in the United States continuously for five years;
- You have been a person of good moral character; and
- You are able to pass the naturalization test demonstrating an ability to read, write, and speak English; as well as your knowledge and understanding of U.S. history and government.
- If you are married to a U.S. citizen and have been living with your U.S. citizen spouse for three years after becoming a Lawful Permanent Resident, you may apply for naturalization in three years, rather than having to wait five years.
U.S. immigration law allows older applicants for naturalization to request easier versions of the English and civics exams than required of most applicants.
“50/20” and “55/15” Exceptions for Advanced Age
Two separate rules allow older applicants to avoid the English requirement entirely, and instead have the interview conducted with the help of a foreign language interpreter. These applicants will still need to take the naturalization test, but they will be able to take it in their native language, with the help of an interpreter.
“50/20” rule:
If you are age 50 or older and have lived in the United States as a permanent resident for at least 20 years, you can have the citizenship interview and the naturalization test conducted in their native language.
“55/15” rule:
Lawful permanent residents who are 55 years or older and have lived in the United States as a permanent resident for at least 15 years can have the citizenship interview and naturalization test conducted in their native language.
“65/20” rule:
Lawful Permanent Residents who are age 65 or older and have lived in the United States as permanent residents for at least 20 years can take an easier version of the history and government exam and can answer the interview questions in their native language. A person who fits this category will have to study only 20 questions rather than the 100 questions that most applicants face. The applicant will be asked ten of the 20 questions and will need to answer six correctly to pass.
Citizenship Through Parents
If you were born outside of the United States, you can acquire U.S. citizenship through your parents or grandparents under very specific circumstances.
The laws regarding the acquisition of citizenship are one of the most complex areas of immigration law. If you were born abroad to U.S. citizen parents, you may be a U.S. citizen. Generally, a child may either be born a U.S. citizen (in some cases “acquiring” citizenship at birth) or derive U.S. citizenship through parents before age eighteen. A child born outside the United States to a U.S. citizen (mother and/or father) is also considered a U.S. citizen at birth, provided certain criteria are met. This process is generally called the “acquisition” of U.S. citizenship at birth through a parent or parents. The laws regarding children born abroad to U.S. citizens have changed drastically over the years, so it is crucial you determine the period in time in which the child was born in order to determine which law applies.
Through our extensive experience, our law firm has helped many clients claim their right to U.S. citizenship. This is especially crucial if you are in deportation or removal proceedings. If either of your parents are U.S. citizens, you may already be a U.S. citizen without knowing it.
Our firm can help you navigate through the multiple strategies for proving that you are a U.S. citizen even though you were not born in the United States. Contact us to see if you qualify.