Enforcing US Immigration Laws and Immigrating to the United States

Information provided by your Hawaii immigration lawyer, who understands the immigration process first-hand

Hawaii immigration attorney Noel Tipon is the son of immigrants to the United States, which gives him unique insight and understanding about the US immigration process.  If you are seeking entry into the United States, undergoing the naturalization process, or facing the possibility of deportation, you should contact a Hawaii immigration attorney to assist you in navigating through the complex United States immigration laws. 

The Immigration Process

An immigrant is someone who moves to a country with the intent of making that new place his or her permanent home. There are two general types of U.S. immigration: family-based immigration and employment-based immigration. To become a permanent United States immigrant, you must first apply for an immigrant visa and your application must be sponsored by a U.S. citizen who is either a close relative or a prospective employer. A visa does not automatically grant you residence in the United States. Rather, it allows you into the port of entry so that an immigration officer may decide whether to allow you entry into the United States and determine how long you may stay. Once you have been granted entry into the United States pursuant to an immigrant visa, you may later apply for naturalization to become a United States citizen.

Family-Based Immigration

If you are an alien and have a spouse who is a citizen of the United States, you may be granted entry into the United States by obtaining either an immigration visa for a spouse of a U.S. citizen or a non-immigrant visa for spouse. Additionally, if you have a fiancé who is neither a Lawful Permanent Resident nor a United States citizen, you may bring your fiancé, provided that you get married within 90 days of arriving in the United States. To be granted the status of permanent resident, your U.S. citizen spouse or fiancé must file a petition for an immigrant visa with the United States Citizenship and Immigration Services (USCIS). He/She must then complete and sign an Affidavit of support, signifying that he/she has enough income to support you if you are granted entry into the United States. Once your spouse has applied for a visa, you must wait for an immigrant visa number to become available and then petition to have this number assigned to you.

If you have another close relative who is a United States citizen, you may be able to obtain the status of a lawful permanent resident through the same general process. However, visa numbers are assigned according to priority. There are two categories of family-based immigration that determine the priority of assigning visa numbers: unlimited and limited. Unlimited family based immigration includes immediate relatives of United States citizens (IR), as well as returning residents who were previously lawful permanent residents of the United States (SB). Immediate relatives include spouses, unmarried children who are under the age of 21, and parents of U.S. citizens who are over the age of 21.

Limited family-based immigration is a bit broader and includes:

• Family First Preference (F1): Unmarried children of United States citizens
• Family Second Preference (F2): Spouses, minor children, and unmarried children of lawful permanent residents
• Family Third Preference (F3): Married children of United States citizens and their spouses and children
• Family Fourth Preference (F4): Siblings of United States citizens and their spouses and children, provided the U.S. citizens are over the age of 20

If you are a non-resident alien who is already in the United States, you may apply for a Change in Status when a visa number becomes available. If you are outside the United States, you must apply to your foreign consulate prior to being admitted to the United States. After arriving in the United States, the non-resident will be eligible to apply for a work permit.

Employment-Based Immigration

If you wish to become an immigrant based on the fact that you have a permanent employment opportunity, your potential employer must file an immigrant visa petition with the USCIS. Your employer must ensure that you are eligible for lawful residency according to USCIS regulations and must also submit a labor certification request to the Department of Labor’s Employment and Training Administration. You must then wait to be assigned an immigrant visa number. Similar to family-based immigration, employment-based immigration is divided into different categories that determine priority for receiving a visa. These four categories are:

• Priority Workers (EB-1)
• Professionals with Advanced Degrees or Persons with Exceptional Ability (EB-2)
• Skilled or Professional Workers (EB-3)
• Special Immigrants (EB-4)

Adjustment of Status

If you are already residing in the United States when you receive your visa number, you must apply for an Adjustment of Status to ensure that you are treated as a permanent resident, rather than a non-immigrant. To adjust your immigration status, you must file the necessary paperwork with the USCIS. After filing for an Adjustment of Status, you may apply for a work visa while the change is pending.

Working with the USCIS can be a daunting experience to foreign nationals who are unfamiliar with U.S. immigration law. If you are applying for a temporary visa, seeking immigration status, completing the naturalization process, or facing possible deportation charges, you will need the assistance of a Hawaii deportation attorney, particularly one with first-hand knowledge of the process. The Tipon Law Firm is based in Hawaii and is available to assist you with your immigration and deportation issues. We have a deep and personal understanding of complex U.S. immigration laws and are able to walk you through the immigration process. If you need assistance with the United States immigration process, contact your Hawaii immigration lawyer at The Tipon Law Firm today for an initial consultation. Tagalog and Ilocano spoken.