Family-Based Visas:
Fathers, daughters, mothers, sons, fiancés and other relatives can enter the United States with either an immigrant or non-immigrant visa. There are many options that are available. Parents, spouses and unmarried children under 21 years of age of U.S. Citizens are considered immediate relatives and are not placed under a quota system. The others are placed into preference order which determines who is given priority entry into the United States:

• First Preference: Unmarried, adult (21 years of age or older) sons and daughters of U.S. citizens.
• Second Preference: Spouses of lawful permanent residents and the unmarried sons and daughters of lawful permanent residents.
• Third Preference: Married sons and daughters of U.S. citizens.
• Fourth Preference: Brothers and sisters of adult U.S. citizens.

This process can take a very long time (several years) depending upon the preference ranking. The most current online visa bulletin will give those who are waiting an idea of how long they must wait for their immigration application or green card to be granted.

Fiancée Visas:
For those seeking to bring a fiancé or fiancée to the United States, a K-1 visa application will allow the fiancé (e) to enter the United States. Both parties must be unmarried, legally divorced or annulled, or widowed.  The marriage must take place within 90 days of entry into the United States.

I-130 Petition:
An I-130 is a Petition for Alien Relatives and it applies to mothers, fathers, sisters, brothers and children.  Parents, spouses and unmarried children under 21 years of age of U.S. Citizens are considered immediate relatives and are not placed under a quota system.  The others are placed into preference order which determines who is given priority entry into the United States:

• First preference: Unmarried adult (21 years of age or older) sons/daughters of US citizens
• Second preference:  Spouses of lawful permanent residents and unmarried sons and daughters of lawful permanent residents
• Third preference:  Married sons and daughters of U.S. citizens
• Fourth Preference:  Brothers and sisters of adult U.S. citizens

This process can take a very long time (several years) depending upon the preference ranking. The most current online visa bulletin will give those who are waiting an idea of how long they must wait for their immigration application or green card to be granted.

Permanent Resident:
A Permanent Resident is an alien admitted to the United States as a lawful permanent resident. Permanent residents are also commonly referred to as immigrants; however, the Immigration and Nationality Act (INA) broadly defines an immigrant as any alien in the United States, except one legally admitted under specific nonimmigrant categories (INA section 101(a) (15)). An illegal alien who entered the United States without inspection, for example, would be strictly defined as an immigrant under the INA, but is not a permanent resident alien. Lawful permanent residents are legally accorded the privilege of residing permanently in the United States. They may be issued immigrant visas by the Department of State overseas or adjusted to permanent resident status by U.S. Citizenship and Immigration Services in the United States.

Naturalization:
Naturalization is the process by which a foreign person becomes a U.S. citizen. Almost everyone who goes through naturalization must first have held a green card for several years.  A naturalized U.S. citizen has virtually the same rights as a native-born American citizen.

Naturalization is the process by which U.S. citizenship is conferred upon a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA).  The general requirements for administrative naturalization include:

• a period of continuous residence and physical presence in the United States;
• residence in a particular USCIS District prior to filing;
• an ability to read, write and speak English;
• a knowledge and understanding of U.S. history and government;
• good moral character;
• attachment to the principles of the U.S. Constitution; and,
• favorable disposition toward the United States.

• There is/was a good faith marriage between the immigrant and a United States citizen or Lawful Permanent Resident
• The marriage is/was legally valid
• There is/was abuse (physical, emotional, mental, psychological)
• There is/was joint residence
• The self-petitioner is a person of good moral character

Consular Processing:
If an individual is in another country, he or she may apply for a visa or green card in the U.S. embassy of his or her home country. I am able to facilitate all of the paperwork and applications and contact the consular officers to facilitate approval of the application.

Criminal Deportation/Removal Defense:
Immigrants in the United States who have been charged or convicted of a crime can be subsequently placed in deportation or removal proceedings.  Since September 30, 1996, with the passage of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, (Pub. L. No. 104-208, 110 Stat. 3009 "IIRAIRA"), the rights of aliens in the United States have been severely curtailed when past criminal conduct is a factor. Crimes that previously did not cause immigration consequences can now trigger deportation proceedings against an alien. Crimes as serious as murder, and as minor as shoplifting, can result in deportation.

There are three agencies, which may have jurisdiction or input into a deportation or removal proceeding:

• USCIS – U.S. Citizenship and Immigration Services (for green cards and citizenship)
• ICE – U.S. Immigration and Customs Enforcement(for deportations and investigations)
• CBP – U.S. Customs and Border Protection(for airport and border crossing issues)

Non-Criminal Deportation/Removal Defense:
Deportation (or removal) occurs when an alien is found to have violated certain immigration or criminal laws, consequences being that the alien forfeits his or her right to remain in the U.S., and is usually barred from returning.

If the DHS believes that you should be removed or deported from the United States, or an individual is found "inadmissible" to the United States, the DHS will issue a piece of paper called a "Notice to Appear" or "NTA" which initiates court proceedings to determine if an individual is removable, deportable or inadmissible from the United States.  An Immigration Judge presides over these court proceedings which are held at US Immigration Courts across the country. These are formal court hearings and should be taken very seriously as your immigration record may be permanently affected and you can be physically deported from the United States. Only an Immigration Judge can determine if you are removable, deportable or inadmissible and whether you have relief from removal. If the Immigration Judge denies relief, you may appeal to the Board of Immigration Appeals which has jurisdiction over decisions made by Immigration Judges.

Board of Immigration Appeals:
The Board of Immigration Appeals (BIA or Board) is the highest administrative body for interpreting and applying immigration laws.  The Board has been given nationwide jurisdiction to hear appeals from certain decisions rendered by Immigration Judges and by District Directors of the Department of Homeland Security (DHS) in a wide variety of proceedings in which the Government of the United States is one party and the other party is either an alien, a citizen or a business.  In addition, the Board is responsible for the recognition of organizations and accreditation of representatives requesting permission to practice before DHS, the Immigration Courts and the Board.

Decisions of the Board are binding on all DHS officers and Immigration Judges unless modified or overruled by the Attorney General or a Federal court.  All Board decisions are subject to judicial review in the Federal courts.  The majority of appeals reaching the Board involve orders of removal and applications for relief from removal.  Other cases before the Board include the exclusion of aliens applying for admission to the United States, petitions to classify the status of alien relatives for the issuance of preference immigrant visas, fines imposed upon carriers for the violation of immigration laws, and motions for reopening and reconsideration of decisions previously rendered.

While most immigration matters involve administrative court proceedings at the US Immigration Courts and the Board of Immigration Appeals, federal courts such as the Court of Appeals and the U.S. District Courts have jurisdiction over very significant immigration matters.

Political Asylum:
Political Asylum may be granted to people who are already in the United States and are unwilling or unable to return to their home country because of persecution or a well-founded fear or persecution on account of race, religion, nationality, membership in a particular social group or political opinion. As of 1996, persons in the United States have one calendar year to apply for political asylum, unless the conditions of the country of persecution change or there are exceptional circumstances.

Waivers of Inadmissibility:
An Application for a Waiver of Inadmissibility is an application for legal entry to the United States made by an individual who is otherwise inadmissible on one or more grounds.  The application is submitted to U.S. Citizenship and Immigration Services (USCIS), a Bureau of the U.S. Department of Homeland Security (DHS).

If you or someone you know in Arizona or worldwide needs the assistance of an experienced Phoenix Immigration Attorney, call Maria V. Jones today at 866-781-6154, or complete the contact form provided on this site to schedule your initial consultation.

• Arizona
• Authorized practice immigration law in all 50 states

• Member, State Bar of Arizona
• Member, Immigration Section, State Bar of Arizona (Vice Chair since 2005)
• Member, AILA
• Member, Association of Immigration Attorneys of St. Petersburg

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• http://www.usembassy.gov

• http://www.uscis.gov/portal/site/uscis

• http://www.travel.state.gov/

• http://www.usdoj.gov/eoir/bia/qapracmanual/apptmtn4.htm

• http://www.usdoj.gov/eoir/sibpages/ICadr.htm

• http://www.ssa.gov/

• http://www.usdoj.gov/eoir/

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