IMMIGRATION LAW

A person can apply for asylum through an affirmative application and defensive application.

Affirmative Asylum Application

An “affirmative asylum application” is when you submit your application directly to USCIS without being placed in removal proceedings. This involves preparing and submitting the required USCIS forms and then participating in an interview at your local USCIS office. 

Defensive Asylum Application

A “defensive asylum application,” is available to people who have been placed in removal proceedings and who are “defending” themselves against being deported from the US. This involves the preparation and submission of the same forms directly to an immigration court judge. At your hearing, you will defend your claim for asylum using documentary evidence, witnesses, and your own testimony.

       There are two categories of family-based immigrants: “immediate relatives” and relatives who fall under the “family preference category.” The main difference between these two is that immediate relatives do not have to wait in line in order to become eligible for visas.

      Immediate relatives requires that the petitioner be a U.S. citizen and the Beneficiaries include:

1. Spouses

2. Parents (if and only if the applicant is aged 21 or older)

3. Unmarried children of the citizen (if they are 21 years of age or younger)

    Family preference category does not require that the petitioner be a U.S. citizen and the Beneficiaries include members from four different groups:

• Preference One: Unmarried sons or daughters (21 or older) of US citizens.
• Preference Two: 
  • Spouses and children (under 21) of lawful permanent residents.
  • Unmarried sons and daughters (21 or older) of lawful permanent residents.
• Preference Three: Married sons or daughters of U.S. citizens and their unmarried children under 21.
• Preference Four: Brothers or sisters of US citizens provided that the citizen is 21 or older and their unmarried children are under 21

    Naturalization is the process to become a U.S. citizen if you were born outside of the United States. If you meet certain requirements, you may become a U.S. citizen after birth.

    The process of obtaining United States citizenship through naturalization includes, essentially includes, filing a form and attending an interview and does not necessary require an attorney. However, if your eligibility is at issue, or you case is complicated due to a previous arrest, or you are nervous, then the assistant of an attorney is essential. 

      Complication involved in naturalization, includes

• a period of time as a permanent resident (usually five years, but some cases require less);
• proof of “good moral character” during that time:
  • prior arrests
  • prior convictions (misdemeanor or felonies) either in the U.S. or in another country, even if they have been “expunged.”
  • problems in your marriage, cheating, etc.
  • failing to pay your taxes
  • failing to pay court-ordered alimony
  • failing to support your children; and 
• physical presence in the United States for at least half of that time.