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Oswego, Illinois Immigration Lawyers

Oswego visa application and adjustment of status lawyers

Attorneys for Family-Based Green Cards, Employment-Based Visa, and More in Oswego

Immigrating to the United States can be a challenging process, and immigrants and their sponsoring family members or employers will need to meet numerous requirements. The process may involve applying for visas, obtaining lawful permanent residency, and addressing complications that may arise. As you consider your immigration options and the legal requirements you will need to meet, a skilled and experienced attorney can help you follow the necessary steps while avoiding delays. Khan Nayyar & Associates, LLC works with clients in Oswego, Illinois to address immigration-related matters. We will help you understand their rights and guide you through the legal procedures that will be required in your case.

How a Green Card Can Benefit Immigrants

A green card grants lawful permanent residency, allowing a person to live and work in the United States indefinitely. Green card holders have certain rights and benefits, including:

  • The ability to work for nearly any employer in the United States without restrictions.
  • Protection under U.S. labor and employment laws.
  • The ability to travel outside the United States and return without the need for additional visas.
  • Eligibility to apply for U.S. citizenship after maintaining permanent resident status for a required period.
  • The ability to sponsor certain family members for immigration.

Many immigrants seek permanent residency to secure their future in the United States and gain stability for their families. However, obtaining a green card requires meeting strict eligibility requirements and following the proper legal procedures.

Qualifying for an Adjustment of Status

A person who is currently living in the United States with a valid visa may take steps to apply for an adjustment of status and obtain a Green Card without leaving the country. The eligibility requirements depend on the category under which the applicant is seeking permanent residency.

In general, to qualify for adjustment of status, an applicant must:

  • Be physically present in the United States.
  • Have a valid visa petition approved by U.S. Citizenship and Immigration Services (USCIS).
  • Meet admissibility requirements, including good moral character and compliance with immigration laws.
  • File Form I-485 and submit supporting documentation, including proof of financial support and medical examination results.
  • Attend a USCIS interview, if required, to verify their eligibility.

Some applicants may need waivers of inadmissibility if they have immigration violations or other issues that would otherwise prevent them from adjusting their status.

Employment-Based Green Cards Through Employer Sponsorship

Many foreign nationals obtain permanent residency through employment-based immigration. A U.S. employer may sponsor a foreign worker for a green card if there is a demonstrated need for their skills and if they can show that this job placement will not have a negative effect on American workers.

Employment-based immigrant visas are divided into several categories, with the first priority (EB-1 visas) being given to people who can show that they have extraordinary levels of ability in specific industries. For those who do not qualify for EB-1 visas, EB-2 or EB-3 visas may be available based on a worker's qualifications as a professional with an advanced degree, another type of professional, or a skilled or unskilled laborer.

The process of obtaining an employment-based green card typically involves labor certification from the U.S. Department of Labor, which will require an employer to confirm that the position cannot be filled by qualified workers in the United States. Once the labor certification is approved, the employer may file an immigrant petition on behalf of the employee.

H-1B and Other Temporary Work Visas

Foreign nationals who do not yet qualify for permanent residency may be eligible for a temporary work visa, allowing them to work in the United States for a specific period. These visas require sponsorship by a U.S. employer and are subject to various requirements. H-1B visas are among the most popular temporary visas, and they may be available to professionals in specialized fields, such as IT, engineering, medicine, and finance. Other visas may be available for temporary or seasonal workers, intracompany transferees, or people who have high levels of ability in field like athletics or entertainment.

Temporary work visas provide an opportunity for foreign nationals to gain employment experience in the United States. In some cases, an employer may later sponsor an employee for permanent residency.

Sponsoring Loved Ones for Green Cards Through Family-Based Immigration

Citizens and lawful permanent residents of the United States can sponsor certain family members for green cards, allowing them to join their loved ones in the United States. The options for family-based immigration will depend on the petitioner's status and the relationship between the sponsor and the beneficiary.

The fastest and easiest option for certain family members involves Immediate Relative visas, which are available to a U.S. citizen's spouse, minor children, and parents. Since there is no annual limit on these visas, processing times are generally shorter. Other family members, including immediate relatives of green card holders, may qualify for Family Preference visas, which have numerical limits and will usually require waiting periods.

Another option may be available in situations where U.S. citizens plan to get married to foreign citizens. A K-1 fiancé visa allows a foreign national to enter the country for a short period of time (90 days). If the couple finalizes their marriage during that period, the foreign spouse may apply for an adjustment of status and become a permanent resident.

Family-based immigration is an important way for families to reunite and establish their lives in the United States. However, sponsorship requires the petitioner to meet financial requirements and commit to supporting their loved ones after they enter the U.S. At Khan Nayyar & Associates, LLC, we can provide guidance for families as they address immigration issues, ensuring that petitions and supporting documents are filed correctly.

Contact Our Oswego, IL Immigration Attorneys

Understanding the procedures followed in immigration cases can be challenging, but an experienced lawyer can help ensure that applications are completed correctly and that any legal obstacles are addressed. Khan Nayyar & Associates, LLC provides representation for clients in Oswego, Illinois, helping them with visa applications, adjustment of status, and other related issues. If you need legal guidance with your immigration case, contact our firm at 630-529-9377 to set up a consultation.

American Immigration Lawyers Association Chicago Bar Association National Employment Lawyers Association Illinois State Bar Association
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