Information About Immigration and Naturalization

When you are considering the process of immigration for yourself or for a friend, a relative, or your employees, you most likely have questions. An experienced attorney can offer advice tailored for your individual situation. At May Law Group, our practice is focused entirely on helping foreign nationals reach their immigration goals, whether you seek to work or study in the United States, join your family in the U.S. or bring family members to meet you. We understand the many factors that may be involved, and we are abreast of the latest and most current rulings and issues regarding immigration. At May Law Group, each lawyer is committed to helping every client attain the future they desire. We serve clients throughout the eastern U.S. including Pennsylvania, West Virginia, and Ohio. We are also available nationally and internationally. For a free consultation, contact us online or call 412-291-4400 today. We look forward to hearing from you. 

Read on for a comprehensive overview about Immigration Law.

Immigration is the act of entering a country with the intention of permanently living and working there. The multi-step process involved in becoming an immigrant can be daunting. An experienced attorney can be an invaluable resource and advocate in navigating this process. If you are facing an immigration issue, call one today.

Eligibility

The immigration system in the U.S. is set up primarily to grant immigration status based on factors such as a family reunification, needed work skills, and capital investment. The immigration system also recognizes refugees and provides a "lottery" for immigration status to people who have less pressing immigration needs. The process for gaining legal immigrant status will depend upon which path you are eligible to pursue based on your employment, education, family, and other needs and characteristics.

Family

If an individual is seeking immigrant status based on the fact that they have a relative who is a U.S. citizen or a lawful permanent resident, the following are required:

• The individual must be eligible for lawful permanent residence based on a family relationship as defined under the immigration laws.
• Form I-130, Petition for Alien Relative, must be filed by the individual's relative (sponsor), along with proof of the family relationship, and the petition must be approved by the government.

Additional steps are also necessary for a successful petition, and not every relative is instantly eligible. Your immigration attorney will help make sure you take all of the necessary steps for your petition.

Employment

If an individual is seeking immigrant status based on a permanent employment opportunity that he or she may have, the following is required:

• The individual must be eligible under one of the five categories of employment-based immigration.
• The individual's employer must complete and submit a labor certification request (Form ETA 750) to the Department of Labor's Employment and Training Administration.
• The individual's employer must file an immigrant visa petition (usually Form I-140, Petition for Alien Worker) and the government must approve the petition.

Employment-based visas can be tricky, and the U.S. employer may have to make a showing that no American workers are available for the job. Both the immigrant and the U.S. employer may need legal advice.

Capital Investment

If an individual makes a qualifying capital investment in the United States, the individual is eligible for immigrant status, provided that:

• The investment meets certain dollar requirements, benefits the U.S. economy, and creates or saves a specific number of jobs.
• Form I-526, Immigrant Petition by Alien Entrepreneur, is filed with and approved by the government.

Capital investment immigration is relatively rare, and the requirements are stringent. Some people think these immigrants have "bought their way" in to the country, but the complex rules surrounding this type of immigration mean that only those who will benefit the country are allowed to proceed.

Refugee

To be eligible for refugee status, the individual must have suffered past (or fear future) persecution on the basis of race, religion, nationality, political view, or membership in a certain group. An individual who is found eligible for refugee status must then satisfy certain medical and security criteria. Political pressures make refugee status difficult to prove, but your attorney can help you make the best possible case.

Lottery

Immigrant visas are made available annually through the Diversity Visa Lottery Program to people whose country of origin has low immigration rates to the United States. Each year, the State Department selects 110,000 applicants from all qualified entries. However, once 50,000 immigrant visas are issued, or the fiscal year ends, the lottery is closed. Immigrant visas are also not available for people whose country of origin sent more than 50,000 immigrants to the United States in the past five years.

Conclusion

There are several paths to gaining immigrant status and each path has a different process that must be completed. An attorney can help smooth the process. If you are interested in making an immigration petition for yourself or for a family member, call one today.

An individual who is at risk of being deported faces the possibility that he or she will have to leave the life they have established in the U.S. and have to start over again in another country. Family relationships and friendships are threatened and employment opportunities may be lost. If you, or someone you know, is at risk of being deported, contact an immigration law attorney to ensure that everything possible will be done to preserve your rights.

Frequently Asked Questions about Immigration

Q: What are factors considered by the U.S. Citizenship and Immigration Services (USCIS) in granting an individual immigration status?

A: Factors considered by the USCIS include:

• Whether the applicant has an immediate relative who is a U.S. citizen or a lawful permanent resident;
  
  
• Whether the applicant has a permanent employment opportunity in the U.S. and whether that employment fits under one of the five eligible employment categories;
  
  
• Whether the applicant will be making a capital investment in the U.S. that meets certain dollar thresholds and that either creates or saves a specified number of jobs; and
  
  
• Whether the applicant qualifies for refugee status as an individual who has either suffered or fears persecution on the basis of race, religion, nationality, political view, or membership in a certain group in his or her country of origin.

Q: What is the purpose of the Diversity (DV) Lottery Program?

A: The purpose of the DV Lottery Program is to annually award immigrant visas to applicants whose country of origin has low (not more than 50,000 in the last five years) immigration rates to the U.S. The program is called a lottery because there are more applicants than visas, and the visas are granted randomly among qualified applicants.