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You, as a visa applicant, qualify for a visa by being eligible under all applicable U.S. laws for the visa category for which you are applying. During your visa interview, the consular officer at the U.S Embassy or Consulate will determine if you are qualified for the type of visa for which you are applying. The sole authority to approve or deny (called adjudicate) visa applications, under U.S. immigration law section 104(a) of the Immigration and Nationality Act, is given to consular officers at U.S. Embassies and Consulates.

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If a consular officer finds you are not eligible to receive a visa under U.S. law, your visa application will be denied (refused), and you will be provided a reason for the denial. There are many reasons a visa applicant could be found ineligible for a visa. These reasons, called ineligibilities, are listed in the Immigration and Nationality Act (INA) and other immigration laws.

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To be considered for an immigrant visa under some of the employment-based categories below, the applicant's prospective employer \ must first obtain a labor certification approval from the Department of Labor. Once received (if required), the employer then files an Immigrant Petition for Alien Worker, Form I-140, with the U.S. Citizenship and Immigration Services (USCIS) for the appropriate employment-based preference category. (NOTE: Persons with extraordinary abilities in the Employment First preference category are able to file their own petitions.)

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YES - your spouse and minor unmarried children, younger than 21, may apply for immigrant visas with you. Same-sex spouses of U.S. citizens and Lawful Permanent Residents (LPRs), along with their minor children, are now eligible for the same immigration benefits as opposite-sex spouses.

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If you are overseas, and issued an immigrant visa, the consular officer will give you your passport containing the immigrant visa. You are required to enter the United States before the expiration date printed on your visa. When traveling, the primary (or principal) applicant must enter the United States before or at the same time as family members holding visas.

Illegally entering the USA, or overstaying your visa often restricts obtaining a green card unless you file a waiver. Waivers are available for persons who have spouses or parents that are permanent residentís or Citizens. Often parents will obtain green cards to assist their children (regardless of age) in filing a waiver. Chicago Kurczaba Law Immigration Firm as best immigration lawyer near me Chicago, IL.
We assist our clients in meeting required financial disclosures to obtain permanent residency. Contact our office for more information on whether you earn sufficient income (as reflected on your tax returns) to financially sponsor your family. Let our team of knowledgeable staff lead you through this often complicated and cumbersome process.
From many years Kurczaba Law Offices, P.C. focuses on immigration law. We represent clients in a wide variety of immigration matters including family and employment-based permanent residency (green card), deportation defense, employment visa, and naturalization (citizenship). Top Rated Employment law firms in Chicago Illinois near me.
We aggressively defend clients who find themselves in Immigration Court because they violated their status, violated a law, have been arrested, were part of a failed marriage, or are seeking bond to be released. We will devise an aggressive strategy to best resolve your situation. As Immigration Court delays increase given the COVID pandemic, it is more important than ever to act to terminate immigration cases if possible and prepare the best possible defense.
Our law firm navigate the complex rules on eligibility for applying for Citizenship or Naturalization for you. Although this process may seem straightforward, filing an application will cause your entire immigration case to be reviewed and re-examined. In addition, if you had problems with the law it may make you ineligible and may lead to losing your green cards and being removed from the USA.