Immigration Attorney – Dallas, TX
Family members of a Lawful Permanent Residents
A lawful permanent resident (green card holder) may petition only for their spouse and unmarried children. An unmarried child under the age of 21 has priority over an unmarried child over the age of 21. Therefore, the waiting period is longer for an unmarried child over the age of 21.
Family members of a U.S. Citizen
A U.S. Citizen may petition for their parent, sibling, spouse, or unmarried/married children. A citizen may even petition to bring the children of the non-immigrant spouse.
There is not a limit to the number of visas that may be issued for immediate relatives of a U.S. Citizen. This means that once a petition for immediate relative is filed (I-130), it is not necessary to wait for a visa number to become available. Immediate relatives include a spouse, widow, unmarried child under the age of 21, and parents of U.S. citizens. Unmarried children of a U.S. citizen over the age of 21 are given first preference when a visa becomes available.
The following preference categories apply when a visa number becomes available:
1. First Preference – Unmarried children over the age of 21 of a U.S. Citizen
2. Second Preference – Spouses of lawful permanent residents, and unmarried children under the age of 21
3. Third Preference – Married children of U.S. Citizens
4. Fourth Preference – Siblings of adult U.S. Citizens
Please contact our office to consult with an experienced attorney to discuss the specifics of your case and to determine what supporting documentation is necessary for each application.
An employment-based temporary visa may be issued depending on the non-immigrants skill level, education, area of expertise, field or occupation. The following visas are available:
H categories (H-1B, H-2A, H-2B, H-3)
L categories (L-1, L-1A, L-1B, L-2)
R-1 – Religious worker
O categories (O-1 and O-2) – extraordinary abilities
P categories (P-1 entertainers or athletes, P-2, P-3, and P-4 given to spouses
EB-1 Priority worker
• Individuals with extraordinary ability in the sciences, arts, education, business or athletics.
• Outstanding professors or researchers
• Managers and executives transferred to the U.S.
EB-3 Skilled or professional workers
• Professionals with bachelor’s or equivalent degrees
• Skilled workers with at least two years experience
• Unskilled workers
EB-4 Special immigrants
• Religious workers
• Employees and former employees of the U.S. Government abroad
EB-5 Immigrant investors
Foreign nationals who meet certain requirements are eligible to apply for naturalization to become citizens of the United States. Some of the general requirements for naturalization include:
• Lawful Permanent Resident status (green card holder) for at least five years (three years if you have been married to a U.S. Citizen who previously petitioned for your green card)
• Continuous residence during the five years after acquiring permanent residence and prior to applying for naturalization
• No single absence from the United States in excess of one year (absolute) or in excess of six months (may be waived in certain circumstances)
• Actual physical presence within the United States for at least half of the five years preceding application for naturalization
• Person of good moral character during the entire five year period preceding application
• Basic knowledge of U.S. history and government
• Basic ability to read, write, speak, and understand the English language.