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Immigration Los Angeles San Francisco San Jose USA

Iranian Family Based Green Card Immigration Lawyer

Family based visas are immigrant visas reserved for relatives of US Citizens and Lawful Permanent Residents (Green Card holders). The two steps in applying for lawful permanent residence in the US (a Green Card) are:

i) not be inadmissible, and

ii) establish eligibility within one of the categories by establishing your relationship to a qualifying relative as either a spouse, child, or parent.

گرین کارت بستگان درجه اول
Foreign nationals who are inadmissible include those with certain criminal history, diseases, and those who are likely to be a public charge. A public charge is someone who is dependent on the government. At Aria Law Group Our Iranian Family Based Green Card Immigration Lawyer assists clients with filing an affidavit of support from the sponsor, or a joint sponsor which allow a foreign national who otherwise has no financial means, to not be considered a public charge.

There are two main classes of relative petitions; “immediate relatives” and “preference relatives.” The difference between immediate relative petitions and preference relative petitions is that preference relatives must wait until their ” is current before they can apply for an entry visa or before they can apply for adjustment of status in cases where they are already lawfully in the United States.

Immediate Relatives are:

a) Spouses of US Citizens;

b) Children (single, under 21) of US Citizens; and

c) Parents of US Citizens (if the US Citizen is 21 and over).

Preference Relatives are:

a) First (FB1) – Unmarried sons and daughters (21 and over) of US Citizens;

b) Second A (FB2A) – Spouses and unmarried children of Lawful Permanent Residents

c) Second B (FB2B) – Unmarried sons and daughters of Lawful Permanent Residents

d) Third (FB3) – Married sons and daughters of US Citizens; and

e) Fourth (FB4) – Brothers and sisters of US Citizens.

Relatives of Family Based Visa Applicants (Derivatives)

When an individual is sponsored, that person might have spouses and children who they would like to bring with them. The term for such persons is “derivatives.” Only preference relatives may include spouses and children as derivatives. So, for example, if a US Citizen sponsors their parent, that parent can’t bring their children with them. On the other hand, if a US Citizen sponsors their sibling, that sibling can bring their children with them.

Specific Eligibility Requirements for a Spouse

In spousal petitions, the marriage must be legal, which means that all prior marriages must have been legally terminated and the marriage must have been legal in the place of marriage. There obviously can be no fraud, which means that you cannot marry just to get the immigration benefit. And there is a 2-year conditional green card in marriages less than 2 years old at the time the beneficiary gets their green card. The condition must be removed by I-751, either by the couple jointly, or in the event of divorce it can be done independently with more proof of bona fide marriage or proof of abuse during the marriage.

Contact Our Iranian Family Based Green Card Immigration Lawyer:

To discuss the Family Based visa process and other alternatives with an experienced immigration lawyer from the Aria Law Group, feel free to contact us by email or call us at (650) 391-9630.

Categories
Immigration Los Angeles San Francisco San Jose USA

Iranian Asylum Lawyer

Asylum Seeker & Refugee Law

Our Iranian Asylum Lawyer can assist any asylee or refugee who has a well-founded fear of persecution on account of race, religion, nationality, political opinion or membership in a particular group upon return to his/her country. The difference between an asylee and a refugee is that an asylee is a person applying for such protection within the US, and a refugee is the term used for a person applying for such protection outside the US.

In addition to i) proving a well-founded fear on one of the enumerated bases, applicants for asylum should ii) apply within 1 year of entering the US.

iranian asylum lawyer
A “well-founded fear,” again, has to be on account of a specific basis of race, religion, nationality, political opinion or membership in a particular group. This basic definition is proven to be difficult to consistently implement, particularly in cases where a person is claiming that their persecution is due to membership in a particular group. Generally, social group should be somewhat narrowly defined. Another issue within the discussion of “well-founded fear” include the fact that an applicant must prove that the fear is reasonable, and “reasonable” means that there is a reasonable possibility that the person would be persecuted. The US Supreme Court suggests that a 1/10 rule, in that if there is a 10% risk that the applicant will suffer persecution, the fear is well-founded.

While there is a rule requiring asylum applicants to apply within 1 year of entering the US, there are exceptions. Some of these exceptions include changed country conditions and extraordinary circumstances. In the case of changed country conditions, the applicant would have to show that the circumstances have changed in their home country, to the point a claim for asylum would accrue. At the point that the claim accrued, the asylum applicant must apply within a reasonable time. As for extraordinary circumstances leading to delay in filing, such circumstances can include serious illness or disability, which may include PTSD as a result of past harm.

Process of Applying for Asylum or Refugee Status

As previously mentioned, there is a 1 year time limit, but otherwise, there is no annual quota on asylum. There is, however, an annual quota for refugees. An interview is generally scheduled with an asylum officer within 3-6 weeks of applying, a decision is granted 2 weeks from the interview. Cases heard before an asylum officer is called “affirmative asylum” cases. If the case is referred to the immigration judge, the applicant may plead their asylum claim before the judge. Timing of the individual hearing before the judge varies based on the judge’s calendar. Cases heard before a judge is called “defensive asylum” cases.

Benefits of Asylum or Refugee Status

There are many benefits that come with obtaining Asylee or refugee status. At the time the an affirmative asylum application is approved, you will be authorized for employment. In cases where the application is pending 150 days, you may apply for work authorization and receive it as early as 180 days from the time the asylum application had been pending. An asylee or refugee may also apply to bring in immediate relatives to the US as derivatives who may also receive employment authorization. The most important benefit of asylee or refugee status is that you may independently file for a green card through adjustment of status after being physically present in the US for 1 year since status was granted, and refugees are required to adjust status. It is highly advised not to return to the country of persecution at any time before applying for citizenship.

Contact Our Iranian Asylum Lawyer to discuss asylum applications and other alternatives with an experienced immigration attorney from Aria Law Group, feel free to contact us by email or call us at (650) 391-9630.