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Certified Specialist Immigration and Nationality Law the State Bar of California Board of Legal Specialization

Lawful Permanent Resident Los Angeles

Lawful Permanent Residence (Green Card)

Lawful Permanent Resident Los Angeles-image

Our firm represents foreign nationals in obtaining lawful permanent resident status, a status that allows a person to live and work in the United States indefinitely (Green Card). We can quickly navigate through complicated factual scenarios in the permanent residency process and obtain successful results. We handle all family-based petitions, as well as employment and business based petitions, including applications for labor certifications before the U.S. Department of Labor, and employment petitions for foreign workers. Based in Los Angeles, Henry A. Posada is a widely respected family immigration lawyer who knows how to keep loved ones together so they can build a better life in the United States. We provide representation in all family-based avenues of immigration.

Family Petitions include:

• Spouses of U.S. citizens (including fiancé/fiancée of U.S. citizens)

• Children of U.S. citizens (child must be under 21 and unmarried)

• Parents of U.S. citizens (U.S. citizen must be at least 21 years old)

• Unmarried Sons and Daughters of U.S. citizens (son or daughter may be 21 or older)

• Children of Lawful Permanent Residents (child must be under 21 and unmarried)

• Unmarried Sons and Daughters of Lawful Permanent Residents (son or daughter may be 21 or older but must be unmarried)

• Married Sons and Daughters of U.S. citizens (son or daughter may be 21 or older)

• Brothers and Sisters of U.S. citizens (U.S. citizen must be at least 21 years old)

We provide representation in all employment-based avenues of immigration.

Employment Petitions include:

• Persons of Extraordinary Ability in the Sciences, Arts, Education, Business, or Athletics (no employer or labor certification required)

• Outstanding Professors and Researchers (no labor certification required)

• Multinational Executives and Managers (no labor certification required)

• Professionals holding Advanced Degrees

• Persons of Exceptional Ability in the Sciences, Arts, Athletics, or Business (no employer or labor certification required if granted national interest waiver; no labor certification required if a job is classified as a Schedule A, Group II),

• Professionals and Skilled Workers (no labor certification required if a job is classified as a Schedule A)

• Investor Visas (Green Card)

Other Areas of Lawful Permanent Residence

We provide services and are very well versed in all other related areas of lawful permanent residence, including:

Waivers of Inadmissibility (criminal, fraud, and unlawful presence waivers)

• Child Status Protection Act (CSPA)

• Self-Petitions under the Violence Against Women Act (VAWA)

• Self-Petitions by Widows and Widowers of United States Citizens

• Self-Petitions by Special Immigrant Juveniles

• Removal of Conditions on Permanent Residence gained through marriage and Waivers of Joint Filing Requirements when marriages terminate during the 2-year conditional residency period

• Nicaraguan and Central American Relief Act (NACARA)

• Cuban Refugee Adjustment Act (CAA)

• Asylum and Convention Against Torture

How and Where to Apply for Lawful Permanent Resident Status

Adjustment of Status or Consular Processing

Whether you are in the United States or your home country, our firm can help you apply for your lawful permanent resident status. If you are in the United States, and you have an approved family or employment-based petition, you may be eligible to apply for your permanent resident status without having to return to your home country through the process of “adjustment of status.” Otherwise, if you are in your home country, we represent foreign nationals before U.S. consulates all over the world and may help you in obtaining an immigrant visa through the U.S. consulate in your country.

Adjustment of Status is the vehicle by which a person who is already present in the United States may apply to become a lawful permanent resident without having to return to their native country to apply for an immigrant visa at the United States consulate. In general, to be eligible for adjustment of status, a person must be admissible to the United States and must have had a lawful entry into the United States, continuous lawful immigration status, and no prior unauthorized employment. There are two important qualifications to this general rule, however: Immediate Relative Family Based Immigrant Petitions and Applications under INA § 245(i).

Immediate Relatives: Spouses and Children (under age 21 and unmarried) of U.S. citizens and Parents of U.S. citizens over age 21 who entered into the United States legally may apply for adjustment of status even if they have fallen out of legal status, overstayed status, or worked without authorization.

INA § 245(i): A person may apply for adjustment of status through a family or employment-based petition, notwithstanding prior unlawful entry, unlawful status, or unauthorized employment, if an immigrant petition or labor certification was properly filed on their behalf on or before April 30, 2001, and the petition was approvable when filed. This is called “245(i) grandfathering.” It does not matter if the grandfathering petition was ultimately revoked, withdrawn, or denied so long as it was approvable at the time it was filed on or before April 30, 2001. For petitions filed after January 14, 1998, through April 30, 2001, there is an additional requirement that the person must have been physically present in the United States on December 21, 2000 (this physical presence rule does not apply to derivative beneficiaries). Subject to some exceptions, a person applying for adjustment of status under § 245(i) must pay a $1,000.00 surcharge (sometimes called a penalty fee) in addition to all other filing fees.

Removal Defense

We’re sad to say that the number of immigrants facing deportation and removal is on the rise. This includes not only people with legal issues in their past but also those with essentially none. Fortunately, Henry Posada and the rest of our team are extremely skilled in this area and have a long track record of positive outcomes. We know all the legal pathways that allow individuals to put problems behind them and continue to live legally in the United States.

Get Started

If you are seeking an immigration attorney, then the Law Offices of Henry A. Posada in Los Angeles would like to hear from you. If you or a family member needs help obtaining a green card, fighting deportation, or any other immigration-related legal matter, call us at the phone number on your screen or reach out through our contact page.