III. Immigration Services

Immigration Services

Is your desire to quickly obtain a U.S. green card, or become a U.S. citizen? Are currently facing the challenging trials of immigration, or perhaps your case has gradually evolved into a complex puzzle? If so, please read on.

Immigration for "Immediate Relatives" of U.S. Citizens

Immediate relative immigration includes the spouse, parents, and unmarried children under the age of 21 of U.S. citizens. Immediate relatives of U.S. citizens are not subject to any immigration visa quota restrictions and can directly apply for immigration to the United States.

In other words, they do not need to wait for lengthy visa queues and can apply for immigration and adjust their status to obtain permanent residency without delay. This category includes:

U.S. citizen spouse immigration (IR-1)

In cases where the foreign spouse is already in the United States, the U.S. citizen can file an immigrant petition (I-130), and the foreign spouse can concurrently file an adjustment of status application (I-485).In cases where the foreign spouse is outside the United States, the U.S. citizen must file an immigrant petition and request the immigration agency to notify the U.S. embassy or consulate in the foreign spouse’s home country.

Once the immigrant petition is approved, the U.S. Department of State’s National Visa Center will send a packet of forms and information, “Packet 3,” to the U.S. citizen in the United States. After completing the forms, the foreign spouse can apply for an immigrant visa at the U.S. embassy or consulate in their home country. On the day the foreign spouse holding an immigrant visa enters the United States, they become a U.S. permanent resident.

U.S. citizen unmarried children under 21 immigration (IR-2)

Process: Same as U.S. citizen spouse immigration (IR-1).

U.S. citizen adoption of orphan abroad (IR-3)

In cases where the Hague Convention applies, U.S. couples adopting citizens of other Hague Convention countries cannot specify a particular child for adoption, as the child is provided by the respective Hague Convention country. The U.S. couple also cannot have direct contact with the child’s biological parents, orphanages, or other legal guardians.

If the child being adopted is from a non-Hague Convention country, a different adoption process will apply. In this case, the adopted child must meet the U.S. immigration law’s definition of an orphan to potentially obtain a U.S. Green Card or citizenship through adoption.

U.S. citizen adoption of orphan in the United States (IR-4)

The I-130 process for adoption and applying for the adopted person’s immigration status is significantly different from the previous two forms: first, it requires the adoptive parent to have legal custody of the adopted person for two years and reside with them for two years, and second, Green Card holders can apply. The I-130 process is applicable in the following cases:

It applies to children adopted before April 1, 2008, who are applying for immigration to the United States.

It applies to those from Hague Convention countries who have provided written declarations stating that their competent authorities are aware that the child is residing in the United States, that adoption is imminent, and that the competent authorities have confirmed that the child’s habitual residence is not in their country.

Green card holders adopting foreign children can submit an I-130 for immigration under the F2A immigrant category, provided that the child meets the U.S. immigration law’s definition of a child.

U.S. citizen parent immigration (IR-5)

Process: Same as U.S. citizen spouse immigration (IR-1).

Immigration of Other Close Family Members of U.S. Citizens

Other close family members of U.S. citizens can also immigrate to the United States, but unlike immediate family members of U.S. citizens, they are subject to annual immigration visa quota limitations and must wait in line for visa number allocations. Close family member immigration is divided into several preference categories. The higher the preference category, the quicker the eligibility for Green Card application.

First Preference: Unmarried adult children of U.S. citizens (F1)
Third Preference: Married children of U.S. citizens (F3)
Fourth Preference: Siblings of U.S. citizens (F4)

The application process for the above visas includes:

For beneficiaries in the United States:

Gather required documentation.
Prepare and submit an I-130 petition (fingerprinting).
Submit an I-485 application for adjustment of status.

For beneficiaries outside the United States:

Gather required documentation.
Prepare and submit an I-130 package (waiting for visa queue).
NVC stage | Receive notification from the U.S. embassy.
Prepare and submit NVC documents, DS-260.
Receive interview notice from the U.S. embassy (U.S. embassy interview).
Enter the United States.

Immigration for "Immediate Relatives" of U.S. Permanent Residents

Spouses and unmarried children of U.S. permanent residents can also apply for a Green Card. They fall into the “Second Preference” category in U.S. immigration.

Second Preference: Unmarried children (F2) of U.S. permanent residents, this category usually requires waiting for visa number allocations after the application is approved before applying for a U.S. embassy interview or adjusting status within the United States to obtain a Green Card. F2 is typically divided into two subcategories: FB-2(a) for spouses and unmarried children under 21 of Green Card holders and FB-2(b) for unmarried children over 21 of Green Card holders.

The application process for the above visas includes:

For beneficiaries in the United States:

Gather required documentation.
Prepare and submit an I-130 package (fingerprinting).
Submit an I-485 application for adjustment of status.

For beneficiaries outside the United States:

Gather required documentation.
Prepare and submit an I-130 package (waiting for visa queue).
NVC stage | Receive notification from the U.S. embassy.
Prepare and submit NVC documents, DS-260.
Receive interview notice from the U.S. embassy (U.S. embassy interview).
Enter the United States.

K-1 Fiancé(e) Temporary Visa

The K-1 visa is a temporary non-immigrant visa that allows U.S. citizens to apply for a K-1 visa for their foreign national fiancé(e) living abroad. Once the visa is approved, the foreign fiancé(e) can enter the United States within 90 days and get married, after which they can obtain a Green Card. If a U.S. citizen intends to get married in a country or region outside the United States, or if the fiancé(e) is already legally residing in the United States, the K-2 visa may apply.

K-2 visa: A visa for the unmarried children (under 21) of foreign fiancé(e)s of K-1 visa holders, allowing them to reside in the United States while waiting for their K-1 parent and U.S. citizen to get married. Once the K-1 parent and the U.S. petitioner marry, the K-2 visa holder can apply for an adjustment of status.

K-1 visa eligibility requirements include:

The petitioner must be a U.S. citizen, excluding Green Card holders.
The petitioner and their foreign fiancé(e) must have met in person at least once within the two years before submitting the K-1 application.
The petitioner and the foreign fiancé(e) must be legally eligible to marry under U.S. law.
The foreign fiancé(e) must marry within 90 days of entering the United States with the K-1 visa.

The K-1 visa application process includes:

Gather required documentation.
Prepare and submit an I-129 package.
NVC stage | Receive notification from the U.S. embassy.
Prepare beneficiary’s documents and submit to the U.S. embassy.
Submit DS-160.
Schedule an interview at the U.S. embassy (interview training).
U.S. embassy interview.
Medical examination, entry into the United States, and marriage.
Submit an I-485 application for adjustment of status.

Employment-based immigration

As per U.S. law, allows qualified individuals with skills or special talents in demand in the U.S. labor market to apply for lawful permanent residency in the United States, known as a Green Card.

The categories for employment-based immigration in the United States are as follows:

Employment-Based First Preference (EB-1) - Outstanding Individuals

The EB-1 visa category, also known as “Outstanding Individuals” immigration, reflects the U.S. government’s policy to attract outstanding talents from around the world. Foreign nationals meeting the criteria for “Outstanding Individuals” do not require labor certification and can independently apply for immigration to obtain a Green Card. Whether the applicant is in the United States, China, or any other country, they are eligible to apply.

The first preference category includes the following three specific classifications:

(1) EB-1(a): Outstanding individuals in their respective fields

Applicants under EB-1(a) should possess exceptional abilities and high achievements in their professional fields, including arts, sciences, education, and business. Applicants need to provide substantial evidence of their outstanding achievements in their respective fields and demonstrate an intention to continue contributing in the United States. It is not necessary to have a job offer in the United States at the time of application, but once approved, the applicant must enter the United States and work in the relevant field. This category does not require labor certification or employer support.

(2) EB-1(b): Outstanding professors and researchers

Professionals under EB-1(b) are outstanding professors and researchers in specific scientific or academic fields with international recognition. This category requires employer support and the provision of a permanent job offer. Typically, job offers are provided by universities or similar academic institutions or research organizations, but private employers can also offer employment.

(3) EB-1(c): Multinational executives/managers

The EB-1(c) immigrant category is applicable to senior managers and executives of multinational companies immigrating to the United States to obtain permanent residency.

The EB-1 application process includes the following steps:

Step 1: EB-1 Immigration Application (I-140)

Applicants prepare the required documentation, and an attorney submits the EB-1 immigration application. The immigration agency reviews and adjudicates the application.

Typically, it takes 2-3 months to collect documentation, and attorneys need 1-2 weeks to prepare the application. The regular processing time for I-140 is 6 months to 1 year, but expedited processing can result in a decision within 15 days. After receiving a request for additional documents, applicants must provide a response within 30-90 days, and the immigration agency will adjudicate within 60 days. If everything proceeds smoothly, applicants may receive approval for their EB-1 immigration application within 2 weeks, with results typically available within six months.

Step 2: I-485 Adjustment of Status

Since there is no waiting for visa quotas in the EB-1 category, applicants can immediately file an I-485 adjustment of status application or schedule an immigrant visa interview after approval of their EB-1 immigration application. In general, after submitting the adjustment of status application, results are typically available within 6-8 months.

Employment-Based Second Preference (EB-2) - Professionals with Advanced Degrees and Exceptional Ability

The EB-2 preference category, also known as “Professionals with Advanced Degrees and Exceptional Ability” immigration, aims to address the talent needs in certain high-demand labor fields in the United States. According to immigration regulations, foreign nationals with a master’s degree or a bachelor’s degree and five years of related work experience can have their immigration application filed by a U.S. employer to obtain a Green Card.

The normal process for an EB-2 Green Card application includes:

Submitting a PERM labor certification application.
Filing an I-140 immigration application.
Submitting an I-485 adjustment of status application.

The U.S. National Interest Waiver (NIW) immigrant category, also known as the high-skilled immigration category, is a special category within EB-2. It allows applicants to submit their application without requiring labor certification, making it a popular and accessible pathway to a U.S. Green Card. Suitable candidates typically hold a master’s or Ph.D. degree along with 3-5 years of work experience or are undergraduate degree holders with 5-10 years of work experience.

Employment-Based Third Preference (EB-3) - Skilled and Unskilled Workers

The EB-3 preference category, also known as “Skilled Workers, Professionals, and Other Workers” immigration, aims to meet the labor market needs in certain high-demand sectors in the United States and attract qualified technical workers. The third preference category is divided into skilled workers, individuals with bachelor’s degrees, and other non-skilled workers.

The process for skilled and unskilled workers (EB-3) is the same as for professionals and skilled workers (EB-2).

Employment-Based Fourth Preference (EB-4) - Special Immigrants

The EB-4 preference category, also known as “Special Immigrants,” primarily applies to religious workers. This includes pastors, religious workers with professional competence and skills, or individuals involved in religious missions.

The normal process for EB-4 special immigrants includes:

Filing an I-360 immigration application.
Submitting an I-485 adjustment of status application (if the applicant is in the United States).
Applying for an immigrant visa interview (if the applicant is not in the United States).

Investment Immigration (EB-5)

EB-5 (Employment-Based Fifth Preference), commonly referred to as the “Fifth Preference Employment-Based Visa,” is a U.S. Green Card program designed for overseas investors based on employment criteria. To qualify for an EB-5 visa, investors must meet the requirement of “directly or indirectly creating ten employment opportunities” in the United States.

After adjustments and improvements to the EB-5 investment immigration policy, overseas investors have two pathways for investment: individual investment projects or participation in USCIS-approved “Regional Center” investment projects.

EB-5 Rural Projects (No Waiting Period)

Rural areas fall under TEA (Targeted Employment Area) and do not belong to Metropolitan Statistical Areas (MSAs) or regions with populations of 20,000 or more. They are considered advantageous projects under the 2022 “EB-5 Reform and Integrity Act.”

Advantages of Rural Projects:

Lower minimum investment capital threshold ($800,000)
Rural projects have limited oversight
Rural projects specifically reserve 2,000 slots, and unused slots from one year can be rolled over to the next
Applicants located in the United States can simultaneously submit both I-526 and I-485 applications
Faster processing speeds, bypassing the lengthy waiting process of regular EB-5 projects
Low-risk investment projects are easier to find

EB-5 Eligibility:

The primary applicant, their spouse, and unmarried children under 21 years old can apply together.
The immigrant applicant invests $800,000 in an investment project approved by the U.S. Citizenship and Immigration Services (USCIS).
Prove the legal source of investment funds.
Free of contagious diseases and have no criminal record.

EB-5 Application Process:

Select an investment project.
Transfer the investment funds to a U.S. escrow account.
Submit the I-526 application.
Receive approval for I-526.
Attend an interview at the U.S. consulate.
Obtain a visa for temporary Green Card status upon entry.
File the I-829 to remove conditions.
Obtain a permanent Green Card.

Political Asylum

In the United States, political asylum is a right provided to foreign nationals who fear persecution in their home country due to reasons such as political beliefs, religious beliefs, participation in gatherings or associations, nationality, race, and more.

Obtaining political asylum in the United States allows individuals to work and reside legally. Within one year of a successful application, they can apply for permanent residency in the United States (a Green Card), and after five years of obtaining political asylum, they are eligible to apply for U.S. citizenship.

Eligibility for Applying for Political Asylum:

Fear of persecution in their home country based on race, religion, nationality, membership in a particular social group, political opinion, etc.
Already living in the United States or present within U.S. borders.
Applying within one year of arrival in the United States or providing evidence of circumstances that exempt them from the one-year application deadline (pursuant to INA § 208(a)).

Political asylum can be applied for through one of the following methods:

Requesting asylum at a U.S. port of entry upon arrival in the United States.
Submitting an asylum application to USCIS within one year of arrival in the United States.
Applying for asylum based on changed circumstances in their home country after residing in the United States for one year.

Applicants are eligible to apply for political asylum regardless of the type of visa they hold or if they entered the United States without a visa.

The process for applying for political asylum is as follows:

Voluntary Application for Asylum:

Submit a political asylum application (Form I-589).
Upon submission, receive a receipt notice and a biometrics appointment notice to provide fingerprints at a designated service center or application support center.
Receive an interview notice (usually within 21 days after filing the application).
Attend the interview.
Wait for the asylum officer’s decision.

Involuntary Application for Asylum:

(If in removal proceedings) Apply through the immigration court when removal proceedings are initiated.

Applying for Spouse and Children to Join in the U.S.:

After obtaining asylum, spouses and unmarried children under the age of 21 are eligible for asylum in the United States and can apply to bring their foreign spouses and children to the United States.

U Visa

The U visa is a form of immigration relief offered to certain victims of criminal activities, serving as a tool to aid law enforcement in identifying criminals and assisting victims. U visa holders are granted temporary residency for a period of 4 years, during which some may eventually qualify for lawful permanent residency.

U visas are available to victims who meet the following criteria:

Have been victims of qualifying criminal activities.
Have suffered substantial physical or mental abuse as a result of being victims of criminal activities.
Possess information about the criminal activity. For those under 16 years of age or lacking capacity, information can be provided by parents, guardians, or legal representatives.
Are assisting, have assisted, or are likely to assist law enforcement agencies in the investigation or prosecution of the criminal activity. For those under 16 years of age or disabled, parents, guardians, or legal representatives can assist law enforcement on their behalf.
The criminal activity occurred in the United States or violated U.S. laws.

U Visa Application Process:

Applicants must submit Form I-918 along with relevant supporting documents.
Applicants will receive a receipt notice confirming that the application is being processed.
Applicants will receive an invitation letter for an interview.
If the visa application is approved, U visa holders will need to schedule an appointment with the U visa office for visa issuance and collection.

Deportation and Removal

Upon receiving a removal order, it is typically necessary to appear in immigration court for a hearing. The judge will give you an opportunity to present reasons for avoiding deportation. If you cannot provide valid reasons, the judge may order your removal, and the chances of returning to the U.S. legally will become slim.

The following are potential reasons to avoid deportation:

Cancellation of Removal: Applying for cancellation of removal requires demonstrating that you would face “extreme hardship” if removed from the United States. For instance, this might result in significant hardship for the immediate family members of U.S. permanent residents or citizens (such as parents, spouses, and children) or that you or your family members would be unable to survive outside the U.S. Typically, permanent residents who have lived in the U.S. for over ten years may be eligible for this relief under the Immigration and Nationality Act (INA) § 212(h) or 212(I).

Cancellation of Removal for Permanent Residents: Permanent residents can have their removal canceled if they meet the following criteria:

They have held permanent resident status for at least five years.
They have continuously resided in the U.S. for seven years or more prior to being placed in removal proceedings.
They have not committed any serious crimes.
They are not classified under inadmissible categories that pose a threat to U.S. security.

Cancellation of Removal for Non-Permanent Residents: Non-permanent residents, especially undocumented individuals, may have their removal canceled if they meet certain conditions:

They have continuously resided in the U.S. for ten years or more prior to the initiation of removal proceedings and have served in the U.S. military for over 24 months.
There are no facts indicating national security concerns, marriage fraud, criminal offenses, or the use of counterfeit documents.
The individual or their spouse or children would face extreme hardship if removed.

Adjustment of Status: If you are the spouse, widow(er), or child of a U.S. citizen, you may be able to apply for adjustment of status to lawful permanent residency during the deportation proceedings. Additionally, if you previously obtained conditional permanent residence through marriage but failed to apply for permanent residency within the required timeframe, you may still have the opportunity to apply during the deportation proceedings.

Asylum and Withholding of Removal: If you can prove that you would face persecution upon returning to your home country due to reasons such as political beliefs, religious faith, nationality, race, membership in a particular social group, or political affiliation, you can apply for political asylum or withholding of removal during the deportation proceedings.

Obtaining “Registry” Legalization: If you meet the conditions for U.S. registry, you can apply for registry during deportation proceedings and obtain a U.S. green card if eligible under the amnesty criteria.

Introduction to Employment Authorization Document (EAD)

The EAD card is a physical card that includes the foreign national’s photograph, name, and expiration date, indicating the validity period. With an EAD card, a foreign national can work legally for any employer in the United States. However, if a foreign national holds legal status such as H-1B, L-1, L-2, or O-1, they can also work for specific employers without needing an EAD card. The Employment Authorization Document (EAD), also known as the EAD card or work permit, is an authorization card issued by the U.S. immigration authorities that allows a foreign national to work legally in the United States for a specified period, typically one year.

The Employment Authorization Document (EAD), also known as the EAD card or work permit, is an authorization card issued by the U.S. immigration authorities that allows a foreign national to work legally in the United States for a specified period, typically one year. The EAD card is a physical card that includes the foreign national’s photograph, name, and expiration date, indicating the validity period. With an EAD card, a foreign national can work legally for any employer in the United States. However, if a foreign national holds legal status such as H-1B, L-1, L-2, or O-1, they can also work for specific employers without needing an EAD card.

To apply for an EAD card, the following documents are typically required:

Form I-765 (Application for Employment Authorization).
A copy of Form I-94 (Arrival/Departure Record) for both the front and back sides.
Copies of any previously issued EAD cards, if applicable.
Two recent passport-sized photos with a white background taken within 30 days before the application submission.
Supporting documents that demonstrate the applicant’s eligibility for the EAD, as required by the specific category for which they are applying.

Advance Parole and Re-entry Permit

Foreign nationals in the United States typically need to apply for Advance Parole in the following situations:

When their adjustment of status application is pending.
If they entered the U.S. as refugees or were granted asylum.
When they are eligible for the Family Unity Program.
If they hold protected temporary status within the United States.
When their refugee application is pending.
When they need to temporarily leave the U.S. due to emergency situations or other “bona fide” reasons.

The application for Advance Parole typically requires the following documents: Receipt for the I-485 Adjustment of Status application, two photos, contact information, Alien Number, name, address, and receipts for similar I-485 category applications.

On the other hand, a Re-entry Permit is issued to lawful permanent residents (Permanent Resident) and conditional permanent residents (Conditional Resident).

A Re-entry Permit is applicable to lawful permanent residents or conditional permanent residents who intend to stay outside of the United States for more than one year. It is also suitable for those who cannot obtain a passport from their home country but wish to travel abroad.

Advance Parole appears as a single-page document with a photograph of the foreign national and serves as a substitute for a U.S. visa, requiring the holder to have a valid foreign passport to enter the United States. In contrast, a Re-entry Permit looks more like a passport booklet and serves a similar purpose. Holders of a Re-entry Permit can re-enter the United States without the need for a foreign passport. Advance Parole typically has a validity period of one year, while a Re-entry Permit is valid for two years.