This document provides information on how U.S. citizens and lawful permanent residents can help family members immigrate legally to the United States. It discusses who can sponsor family, the categories of immediate relatives and family preference categories. It also outlines the process for applying for citizenship through naturalization and important considerations like inadmissibility, maintaining permanent residence status, and potential risks of naturalization. Key steps in the application process are explained along with exemptions and automatic citizenship.

1. How To Help Your Family
Legally Immigrate to the
United States
Who Can Sponsor Family?
Lawful Permanent
Resident (LPR)
U.S. Citizen
Immediate Relatives of U.S Citizens
Spouse
Marriage must be
legally valid and
entered in good
faith (“bona fide”).
Not solely for
immigration purpose.
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2. Immediate Relatives of U.S Citizens
Parents
U.S. citizen child
must be over the
age of 21.
Children under the age
of 21 can never
sponsor parents.
Immediate Relatives of U.S Citizens
Children
• Under age 21 and
unmarried
• Can be stepchild if parent
marries USC before child
is 18
• Adopted children if
adopted before age 16
(other conditions may
apply)
Benefits for Immediate Relatives
• There are no limit on the number of
immediate relatives who can emigrate from
any county at any time – no waiting list.
• Immediate Relatives who entered the
entered the United States legally
(“lawfully”), can adjust status to permanent
residents even though they have overstayed
their authorized period of stay.
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3. Family Preference Categories
FB-1 - unmarried sons and daughters of U.S. citizens
FB-2 – spouses and children of lawful permanent
residents. Divided into 2 subgroups:
FB 2A - spouses and children under the age of 21
FB 2B - unmarried children over the age of 21
FB-3 - married sons and daughters of U.S. citizens
FB-4 - brothers and sisters of U.S. citizens
FB-1 - Unmarried sons and daughters
of U.S. citizens
The son or daughter must be unmarried at the
time the petition is filed and continue to be
unmarried until “lawful permanent resident”
(Green Card) status is granted.
Conversions
– Where an immediate-relative petition has been
approved for a “child” and the child reaches the
age of 21, the petition is automatically converted
to FB-1, unless I-485 is filed before age 21.
– Where there is an approved FB1 petition and the
son or daughter marries, the petition is
automatically converted to FB-3.
FB-2 - Spouses and Unmarried
Children of Permanent Residents
• FB- 2A - Spouses and Children under the age of
21. This category has delays for about 5+ years for
most countries.
• FB- 2B - Unmarried children over the age of 21.
This category has delays for about 9+ years for
most countries.
– Permanent residents cannot apply for married
children.
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4. FB-3 - Married Sons and
Daughters of U.S.
Citizens - 8+ year
minimum waiting list
FB-4 - brothers and
sisters of U.S. citizens –
10+ year minimum
waiting list
How to Determine Visa Availability
Eligibility to take next step to green card depends
upon whether Family-Based Preference
Categories (“Priority Date”) is current (does not
apply to immediate relative).
Priority Date = filing date of I-130 relative petition
Visa Bulletin - issued every month by the
Department of State and is used to determine if
there are visas available. Found on internet at:
http://www.travel.state.gov/visa/bulletin/bulletin_1360.html
Visa Bulletin for September 2010
All areas China Domin. India Mexico Philippines
Rep
1st 01JAN06 01JAN06 01JAN06 01JAN06 01DEC92 01JAN97
2A 01JAN10 01JAN10 01JAN09 01JAN10 01JAN09 01JAN10
2B 01JAN05 01JAN05 01JAN05 01JAN05 15JUN92 01AUG02
3rd 01MAR02 01MAR02 01MAR02 01MAR02 01MAR92 01JAN95
4th 15OCT01 15OCT01 15OCT01 15OCT01 01JAN94 01JAN91
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5. Visa Bulletin Facts
Three Factors:
Priority date, which must be before date
on Visa Bulletin to be current
Country of chargeability (place of birth)
Preference category (FB1 to FB4)
Visa Bulletin does not progress steadily
Visa Bulletin may even retrogress (move
backwards)
How to Apply for Family
I-130 Relative Petition filed with USCIS
I-485 Adjustment of Status if relative is
lawfully present in U.S. and priority date is
current or if relative qualifies as immediate
relative
National Visa Center (NVC) immigrant visa
processing if relative is outside the United
States and priority date is current or
relative qualifies as immediate relative
Inadmissibility
Certain Crimes
Misrepresentation or fraud in prior visa
applications
Unlawful presence
Previous removal or deportation
Two-year foreign residency requirement for J-1 visa
Medical grounds, and more…..
Consult with an immigration attorney immediately!
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6. The
Citizenship
Advantage
Why Apply for Citizenship?
CITIZENSHIP =
MORE RIGHTS & BENEFITS
Rights
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7. Parents
Siblings
Government Jobs
No Deportation
Full Protection of the
U.S. Constitution and Bill of Rights
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8. Protection from Anti-Immigrant Laws
How To Become
A U.S. Citizen
Naturalization
Must be at least 18 years old
Legal Permanent Resident (LPR)
(3 years if married to USC or 5 years)
Residence must be continuous as
certain absences may break
continuity of residence.
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9. Naturalization (cont.)
Actual physical presence in
the U. S. at least half of the
qualifying period (18 months
or 36 months)
Good moral character
(GMC) during qualifying
period, i.e. look back 3 or
5 years
Statutory Bars
Permanent Bar including
conviction of murder or
aggravated felonies, anti-
government acts, support
violent overthrow of
government, etc.
Banned forever!
Temporary Bars including
prostitution, habitual
drunkard, polygamy,
shoplifting, drug violations,
illegal gambling…
(within the 3 or 5 yrs period)
Naturalization (cont.)
Discretionary bar includes non-payment of child
support, extramarital affairs destroying marriage
(rare)‫ ,‏‬failure to register for Selective Service, tax
violations, and more.
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10. Naturalization (cont.)
Exemption from the English
test if you are:
- 50 years or older and lived as
a permanent resident in the
U.S for 20 years or more. Take
the civics test in native
language
- 55 years or older and lived as
a permanent resident in the
U.S for 15 years or more. Take
the civics test in native
language
- 65 years or older and lived as
a permanent resident in the
US for 20 years or more. Take
Speak, Read, the Simplified civics test in
your language and * Asterisk
Write English only questions
Naturalization (cont.)
Exemption from the
English test if you have a
physical or developmental
disabilities or mental
impairments that have
lasted one year and will
last at least one year after
applying for citizenship.
N-648 form must be
completed by qualified U.S.
physician or licensed
Speak, Read, clinical psychologist.
Write English
Naturalization (cont.)
Oath of Allegiance
U.S. History & Civics Test
Exemption for proven mental
or developmental disability
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11. Risks of Naturalization
→Naturalization reopens an applicant’s
immigration record
→Evaluate risks to your green card
status which could include:
denial of application
revocation of lawful permanent residence
removal proceedings
criminal prosecution
Who Should Not Apply for
Citizenship?
Aggravated felony conviction
False claim to U. S. Citizenship
Unlawful voting
Who Should Not Apply for
Citizenship? (cont.)
Lying or giving false misleading
information
Conviction of CMT within 5 years of
admission
Still on parole
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12. Procedure
Complete and file N-400 at 33 month or 57
month anniversary of green card
Two photos, copy of green card
Check for $675 unless waiver
Receipt notice (2 to 3 weeks)
Fingerprint notice (2 to 3 weeks)
Procedure (cont.)
Request for information (possible)
Interview (3-4 months)
Oath Ceremony – Certificate of
Naturalization (same day in Dallas)
N-400 FORM
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13. Automatic Citizenship
Child born abroad to
one or both USC
parents,
OR
LPR Child, under 18
years old, and
unmarried at the
time at least one
parent naturalizes
Proof of Automatic Citizenship
U.S Passport
Certificate of
Citizenship
- Form N600
Consular
Report of
Birth Abroad
5 Important
Tips to Avoid
Dangerous
Immigration
Mistakes
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14. KNOW YOUR RIGHTS AND
OBLIGATIONS
Government ??
Friends ??
Research ??
Attorneys ??
IMMIGRATION FORMS
Fill out completely
Do not withhold
information
Review thoroughly
before you sign
Provide ALL required
proof
ADDRESS CHANGES
Applications
AR-11 for all
noncitizens
I-865 form for LPR or
USC Sponsors of
Relatives (I-864)
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15. EXPIRATIONS & DEADLINES!
Work Cards (EAD)
Requests for Evidence
(RFE)
Visas
Travel Documents
Conditional Permanent
Residence
Don’t Miss the Boat!
INTERNATIONAL TRAVEL BEWARE!
Visas
Advance Parole
Abandonment
Unlawful Presence
7 RULES YOU MUST
FOLLOW TO KEEP YOUR
GREEN CARD AND
AVOID DEPORTATION
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16. Permanent Residence
Privilege, not a right, to live and
work in the U.S. permanently
Can lead to citizenship
Can be taken away under certain
conditions
Proof of Permanent Residence
• No expiration to green
card (I-551)
• Must still maintain
green card because
required to keep proof
of your permanent
resident status at all
times if over 18
(“papers please”)
• Lost card – apply
immediately with I-90
New Green Card
• Renewal – apply six
(6) months before
expires I-90
Social Security Benefits
Social security Retirement,
number correction Disability,
Medicare
benefits
Get credit
Get
for time
unrestricted
worked
card for work
even before
eligibility
green card
visit www.ssa.gov for estimate retirement benefits,
and to determine eligibility for benefits
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17. Rule One
Pay All Taxes
Required by law – violations can lead to imprisonment
Denial of citizenship application
Living outside U.S. for work, school, etc –must file as
resident or abandon permanent residence
Do not claim “non-immigrant” to avoid abandonment
of permanent residence
Rule Two
Preserve U.S. Residence
• Get re-entry permit before you leave if
planning to remain outside U.S. for one
year or more
• 6 months – abandonment implied –
maintain bank account, home, etc. to avoid
no abandonment
• Keep a good travel record – save tickets,
visa stamps, old passports
• Preserve residence for citizenship if working
for U.S. company overseas
Rule Three
Keep a Clean Criminal Record
• Aggravate felony – crimes of violence,
domestic violence – one year prison
term
• Murder, rape, sexual assault on child
• Drug trafficking
• Firearms offense
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18. Rule Three
Keep a Clean Criminal Record (cont)
Crime involving Moral turpitude (CIMT)
-requires intent to steal or defraud-
lie for immigration benefits for you or someone else
claim U.S. citizenship – voting
polygamy
habitual use of drugs or alcohol
fail to file taxes
help someone enter illegally
fail to pay child support
engage in sexual misconduct
Rule Four
Meet Green Card Application
Requirements
Employment
Marriage
Rule Five
Register for Selective Service
All males between 18 and 25 years (except nonimmigrants)
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19. Rule Six
Become a Citizen
• Apply as soon as
eligible
• Apply before
children are 18
Rule Seven
Seek
Professional
Advice from a
Qualified
Immigration
Attorney
Your Rights and Responsibilities
When Stopped By The Police
Right to remain silent
Stay calm and remain polite
Have your green card or visa documents
Ask to speak to an attorney immediately if
arrested
Do NOT sign any papers until you have read
completely
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20. Legal Notice
Facts of each case are different. The
information provided here is general in
nature and should not be relied upon for
your specific situation and is not legal
advice.
Consult with an experienced immigration
attorney to get the right advice to secure
your future in the United States.
THE WISE CONSUMER'S GUIDE
TO HIRING AN IMMIGRATION ATTORNEY
Why Hire an Immigration Lawyer?
How to Choose a Qualified
Immigration Lawyer
17 Tough Questions to Ask Before
You Hire an Immigration Lawyer
7 Costly Mistakes to Avoid When
Choosing an Immigration Lawyer
?Q&A?
What’s Happening With Immigration
Reform And Legalization Now?
?Q&A?
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21. The Need for Immigration Reform
Badmus Law Firm
12700 Park Central Drive, Suite 1910
Dallas, Texas 75251
469-916-7900 Telephone
469-916-7901 Facsimile
www.badmuslaw.com
immigration@badmuslaw.com
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