Immigration FAQ

How Do I Become a U.S. Permanent Resident? How do I Naturalize to Become a U.S. Citizen?

Even if you’ve been living in the U.S. illegally, or if USCIS has denied one of your prior immigration applications, you may still be eligible to remain in the U.S. And since U.S. law offers many different ways for immigrants to obtain legal residence beyond what’s listed here, we invite you to contact our office to find out which route is best for you. Below are just a few of the ways people can immigrate to the United States. Click here to learn more.

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What is the Process to Become a U.S. Permanent Resident? How Do I Apply for a Green Card?

How Do I Obtain a Permanent Resident Green Card through an Immediate Relative Petition by My U.S. Citizen Husband/Wife, Mother/Father, or Son/Daughter?

If you are the parent, child under age 21, or spouse of a U.S. citizen, a visa for permanent residence is immediately available once the Immigration Service grants the petition. The process normally begins with the filing of an immigrant visa petition, through a  Form I-130. Processing times for the I-130 petition can vary, but these times are listed at the USCIS website.

If the immigrant is in the United States lawfully, then an application may generally be made in the United States through a process called adjustment of status, through a Form I-485, filed with USCIS, along with a Form I-864 affidavit of support establishing that the Petitioner or a Joint Sponsor has the financial means to support the immigrant. In most cases, an applicant for adjustment of status may obtain a work permit and employment authorization while the case is pending.

In some limited instances, applicants who are not lawfully in the U.S. may be allowed to remain while USCIS considers their cases. It is critical to work with an immigration attorney under these circumstances. If the immigrant is outside of the United States, then consular processing is generally the appropriate route. The State Department National Visa Center will guide applicants through this process in preparing the DS-230 immigrant visa application packet and I-864 affidavit of support packet. The immigrant will then be interviewed at the U.S. Consulate in his or her country of residence.

How Do I Obtain a Permanent Resident Green Card through a Family Preference Petition from My Husband/Wife, Mother/Father, or Brother/Sister? How Do I Obtain a Permanent Resident Green Card for My Children? How Long Do I Have to Wait to Obtain My Green Card?

Visas based on other family relationships may have extended waits based on the government’s order of preference and the limited number of visas issued annually. The waiting times are regularly updated by the U.S. State Department and posted monthly on the Visa Bulletin.

First Preference Immigrant Relative Petition:
Unmarried Sons and Daughters of Citizens (age 21 or older)

• Approximate Waiting time for most countries: 7 years
• For Mexico: 18 years
• For Philippines: 15 years

Second Preference Immigrant Relative Petition:
(a) Children under age 21 and Spouses of Permanent Residents

• Approximate waiting time for most countries: approximately 3 years
• For Mexico: approximately 3 years

(b) Unmarried Sons and Daughters (age 21 or older) of Permanent Residents

• Approximate waiting time for most countries: 8 years
• For Mexico: 19 years
• For Philippines: 10 years

Third Preference Immigrant Relative Petition:
Married Sons and Daughters of Citizens

• Approximate waiting time for most countries: 10 years
• For Mexico: 19 years
• For Philippines: 19 years

Fourth Preference Immigrant Relative Petition:
Brothers and Sisters of Adult Citizens

• Approximate waiting time for most countries: 11 years
• For India: 11 years
• For Mexico: 15 years
• For Philippines: 23 years

I-130 & Visa Bulletin USCIS Processing Times

USCIS Processing Times For I-130

While a normal timeline for USCIS applications to process is within 5-12 months, it is possible that COVID-19 delays may occur.

How Frequently is the Visa Bulletin Updated?

Every month. The U.S. Department of State gives a monthly summary of immigrant numbers related to U.S. Immigrant Visas (also known as Green Cards).

For more information on your USCIS application or to get started on your case with our San Jose immigration lawyer, schedule your initial consultation. Se Habla Español.

How Do I Apply for Asylum in the United States?

If you have a well-founded fear of persecution on account of race, religion, nationality, political opinion or social group membership in your home country, you may be eligible for asylum in the U.S. Among other benefits, a grant of Asylum allows the applicant to work legally, obtain travel documents, attend school, and receive certain forms of public assistance. After one year, an asylee may apply to become a U.S. permanent resident, and later, U.S. citizenship.

An application for asylum must be made in the United States. The application must in great detail explain whether the applicant’s fear of persecution is reasonable, and should be carefully documented by country reports, news articles, affidavits, and witness testimony where possible. If you are not in removal or deportation proceedings, an asylum application (I-589) may in general be filed directly with USCIS. Otherwise, the asylum application must be filed with the Immigration Court. Asylum seekers must be aware that there is a one-year asylum filing deadline for submitting the I-589 application, from the date of entry into the United States. This deadline may only be excused based on extraordinary circumstances beyond the applicant’s control or changed circumstances materially affecting the asylum applicant’s eligibility.

Although the law permits an asylum applicant to obtain a work permit and employment authorization if the asylum application is pending for more than 180 days, the U.S. Government is required to make a decision on asylum with that same period, so that in practice, very few asylum applicants ever obtain employment authorization. Although most asylum cases take longer than 180 days, almost all delays are attributed to the applicant, so that the 180-day “clock” stops running whenever an interview or hearing is postponed.

How Do I Apply for Cancellation of Removal for Non-Permanent Residents?

If you have illegally resided in the U.S. for 10 years, have good moral character, and your deportation would cause ” exceptional and extremely unusual hardship” to a U.S. citizen or permanent resident spouse, child, or parent, you may qualify for permanent residence under cancellation of removal. Certain citizens of El Salvador and Guatemala, as well as the former communist countries of Eastern Europe who came to the United States in 1990 or earlier may also be eligible for NACARA, a related form of relief. While the application is pending before the Immigration Court, the immigrant may qualify for work authorization. This is a very risky application that requires going before the immigration court for deportation proceedings, and the ” exceptional and extremely unusual hardship” is very difficult to meet. It is therefore critical that you consult with a knowledgeable immigration attorney before seeking this relief.

How Can I Avoid Deportation?

If you’re not yet a U.S. citizen, you must be extremely careful to stay on the right side of the law. Below is a list of just a few of the unlawful activities, known as crimes involving turpitude and aggravated felonies, that can lead to deportation:

• Theft offenses and fraud crimes
• Drug offenses, including possession and trafficking
• Immigration fraud and alien smuggling
• Serious violent crimes
• Rape and statutory rape
• Domestic violence
• Prostitution
• Arson and malicious destruction of property
• Harboring a fugitive
• RICO violations
• Perjury
• Firearms offenses

How Do I Apply for Naturalization to U.S. Citizenship?

An application for naturalization is made on a Form N-400. Typically an applicant must:

• Be a lawful permanent resident;
• Reside continuously in the United States for five years (3 if married to a US citizen);
• Read, write and speak English;
• Have an understanding of U.S. history and government;
• Possess good moral character;
• Support the U.S. and the Constitution.

If you are married to a U.S. citizen or served in the U.S. military, you may be eligible for citizenship in three years or less. You may also qualify for acquired or derivative U.S. citizenship without naturalizing if either of your parents was a U.S. citizen when you were born or became citizens while you were still young.

Note: The above information is not intended as legal advice, but only to list just some of the benefits available under U.S. immigration law, as well as activities that might jeopardize their right to live in the U.S. You should speak with an attorney or legal services office for more information on how these laws might affect you.