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Plainfield Immigration Attorneys
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Lawyers for Waivers of Inadmissibility, Visas, and Green Cards in Plainfield, IL
In the United States, the immigration process can be complicated, involving multiple forms, documents, and legal requirements. Issues related to inadmissibility, visa petitions, green card applications, and other complex concerns may need to be addressed. As immigrants and family members take steps to address legal obstacles that may affect their status in the U.S., assistance from a skilled attorney can be invaluable. At Khan Nayyar & Associates, LLC, our team provides legal help to people in Plainfield, Illinois, working to resolve their immigration concerns as efficiently as possible.
Addressing Issues Related to Inadmissibility
Some immigrants may face legal barriers that prevent them from entering the United States or obtaining permanent residency. Inadmissibility refers to legal grounds that make a person ineligible for a visa, green card, or other immigration benefits. Common grounds for inadmissibility include:
- Unlawful presence: If a person remains in the U.S. without legal status for more than 180 days, they will be inadmissible for three years. If they remain unlawfully for one year or more, they will face a 10-year bar.
- Criminal history: Certain criminal convictions, including drug offenses, fraud, and crimes of moral turpitude, can lead to inadmissibility.
- Misrepresentation or fraud: Providing false information on an immigration application or engaging in fraudulent activities can make a person permanently inadmissible.
- Health-related grounds: Certain contagious diseases or failing to meet vaccination requirements may result in inadmissibility.
- Public charge concerns: If immigration authorities determine that a person is likely to become dependent on government assistance, applications for visas or green cards may be denied.
Applying for Waivers of Inadmissibility
In some cases, a person who is inadmissible may qualify for a waiver of inadmissibility, allowing them to proceed with their immigration application. The availability of a waiver depends on the reason for inadmissibility and the applicant's circumstances. To obtain a waiver, an applicant must:
- File the appropriate waiver application (such as Form I-601 or I-601A) with U.S. Citizenship and Immigration Services (USCIS).
- Provide evidence of hardship that would affect a qualifying U.S. citizen or lawful permanent resident relative if the applicant is denied entry.
- Submit supporting documentation to demonstrate rehabilitation, good moral character, or other factors that justify the waiver.
- Attend an interview or respond to additional requests for evidence if required.
Approval of a waiver is discretionary, meaning immigration authorities will evaluate the circumstances before granting relief. Khan Nayyar & Associates, LLC can help clients prepare strong waiver applications to improve their chances of success.
Sponsoring a Family Member for a Visa
Family sponsorship is one of the most common ways that immigrants can obtain permanent residency in the United States. A U.S. citizen or lawful permanent resident may sponsor certain relatives for a family-based visa, allowing them to immigrate and receive a green card.
The family sponsorship process includes the following steps:
- Filing a Petition: The sponsoring family member must submit Form I-130 (Petition for Alien Relative) to USCIS, demonstrating the qualifying family relationship.
- Waiting for a Visa to Become Available: Immediate relatives of U.S. citizens (such as spouses, parents, and children) do not have to wait for a visa. People in other family preference categories may be subject to waiting periods due to annual visa limits.
- Applying for a Visa or Adjustment of Status: If the sponsored family member is outside the U.S., they must apply for an immigrant visa through consular processing. If they are already in the U.S., they may be able to apply for adjustment of status using Form I-485.
- Attending an Interview and Medical Examination: The applicant will need to demonstrate that they have met all of their legal requirements before being granted an immigrant visa or green card.
Sponsorship for Immigration Through an Employer
Foreign nationals may also obtain visas or Green Cards through employment-based immigration. In most cases, this process will require a U.S. employer to sponsor the applicant for a visa or permanent residency.
Temporary Work Visas
Many workers enter the U.S. on temporary work visas, which allow them to work for a specific employer for a limited time. Common options include H-1B visas, which may be available to certain types of qualified professionals who work in industries like IT, healthcare, and finance. H-2A and H-2B visas may allow for temporary or seasonal work in agriculture or other fields, and other types of visas may be available for other types of temporary workers.
Employment-Based Green Cards
For workers seeking permanent residency, an employer may sponsor them for an employment-based green card. The categories of immigrant visas include EB-1 visas for workers with high levels of ability placing them at the top of their field, EB-2 visas for people with advanced degrees or who qualify for national interest waivers, and EB-3 visas for skilled workers, professionals, and unskilled laborers.
Most employment-based green card applications require PERM labor certification, in which the employer must demonstrate that there are no qualified U.S. workers available for the job. The employer will file Form I-140 with USCIS to petition for a visa for an employee.
Contact Our Plainfield, Illinois Immigration Lawyers
The U.S. immigration system requires people to complete complex legal procedures, and there are many challenges that immigrants and sponsors may face. Khan Nayyar & Associates, LLC provides legal help with visa applications, family sponsorships, employer-sponsored immigration, waivers of inadmissibility, and other issues that may affect our clients. If you need assistance with an immigration matter, contact us today at 630-529-9377 to schedule a consultation.
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