Immigrant Categories – Jacksonville based Immigration Law Firm

Family-based Immigration (I-130 and I-485)

Persons who have a familial relationship with a U.S. citizen or lawful permanent resident (LPR) may seek status through a petition filed through a family member or, under certain circumstances by self-petitioning.

  • “Immediate relative” category encompasses- spouses, parents, and children (a child is an unmarried person under the age of 21) of U.S. citizens. Immediate relatives are not subject numerical limitations. U.S. Citizens may file a marriage petition for their spouse if either he/she in the United States or outside the country.
  • Other relationships such as close family members of a U.S. citizen can qualify to immigrate to the United States. Spouses and unmarried children of a permanent resident can also apply for a green card. Both of these are subject to a quota. These “preferences” fall into four categories:

1. Unmarried sons and daughters of U.S. citizens;
2. Spouses and children of legal permanent residents (LPRs); and unmarried sons and daughters of legal permanent residents (LPRs);
3. Married sons and daughters of U.S. citizens; and
4. Brothers and sisters of U.S. citizens.

For more information or to speak with one of our Jacksonville, FL based Immigration Attorney’s call The DeVries Law Firm, P.A. at 904.348.0030.

Same-Sex Marriage and Immigration

The United States Supreme Court held in United States v. Windsor that the federal interpretation of ‘marriage’ and ‘spouse’ as legislated in Section 3 of ‘DOMA’ to that of strictly heterosexual unions was unconstitutional because it denied legally married same-sex couples their due process under the Fifth Amendment. This decision removed ban on the federal recognition of same-sex marriages, and opened the door for married same-sex couples to be recognized by the federal government. This decision removed the ban on the federal recognition of same-sex marriages, and ultimately opened the door for married same-sex couples to be recognized by the federal government. This recognition extended the right to receive federal benefits, including immigration benefits. Now same-sex spouses of U.S. citizens and Lawful Permanent Residents (LPRs), along with their minor children, are now eligible for the same immigration benefits as opposite-sex spouses.

For more information or to speak with one of our Jacksonville, FL based Immigration Attorney’s call The DeVries Law Firm, P.A. at 904.348.0030.

Employment-based Immigrant Categories (I-140) (I-485):

Approximately 140,000 immigrant visas are available each fiscal year for aliens (and their spouses and children) who seek to immigrate based on their job skills. If you have the right combination of skills, education, and/or work experience and are otherwise eligible, you may be able to live permanently in the United States.

 

  • PERM Labor Certification- Some immigrant visa preferences require you to already have a job offer from a U.S. employer. This employer will be considered your sponsor. For some visa categories, before the U.S. employer can submit an immigration petition to USCIS, the employer must obtain an approved labor certification from the U.S. Department of Labor (DOL). We can help you assess your situation through this process.
  • The following are 5 categories(preferences) which you may fall under:
    • EB-1 – This is reserved for persons of extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors or researchers; and multinational executives and managers.
    • EB-2 – This reserved for persons who are members of the professions holding advanced degrees or for persons with exceptional ability in the arts, sciences, or business.
    • EB-3 – This is reserved for professionals, skilled workers, and other workers.
    • EB-4 – This is reserved for “special immigrants,” which includes certain religious workers, employees of U.S. foreign service posts, retired employees of international organizations, alien minors who are wards of courts in the United States, and other classes of aliens.
    • EB-5- This is reserved for business investors who invest $1 million or $500,000 (if the investment is made in a targeted employment area) in a new commercial enterprise that employs at least 10 full-time U.S. workers.

For more information or to speak with one of our Jacksonville, FL based Immigration Attorney’s call The DeVries Law Firm, P.A. at 904.348.0030.