Permanent Residency and Citizenship

Colorado immigration lawyer Lisa E. Battan provides comprehensive immigration legal advice and representation for issues related to permanent residency through employment (including labor certifications and green cards) and citizenship. Permanent Residency and Citizenship issues can be complicated and frustrating. You can trust in our experience to guide you through the immigration process, step by step.

Permanent Residence Through Employment

There are five basic types of business immigrant visas, including EB-1, EB-2, and EB-3 visas, ranked in order of priority of need by U.S. employers and the economy. These immigrants become permanent residents (obtain green cards) and the indefinite right to live and work in the United States, as long as they maintain their status.

Business immigrants are usually sponsored by a U.S. employer based upon a demonstrated need. This process is commonly called "labor certification." This means that the employer must show that there are no U.S. workers who are able, qualified or willing to take the job. This process begins by filing an application for alien labor certification with the Department of Labor. This application shows that the foreign national employee is qualified for the position and that, after advertising, there are no qualified U.S. workers for the position. If the Department of Labor certifies the application, the employer may file an Immigrant Petition with the USCIS on the employee's behalf.

However, some business immigrants do not need to file an application for alien labor certification. Instead, they may proceed immediately with the Immigrant Petition. These immigrants include Registered Nurses, Physical Therapists, Outstanding Professors and Researchers and Multinational Managers and Executives. In addition, some foreign nationals do not need employer sponsorship; they may self-petition if they meet statutory criteria for extraordinary ability in their field, or if their entry would be in the national interest. Trust in our experience to provide legal advice you can rely on.

Applying for U.S. Citizenship

Almost all persons who are born in the United States are U.S. citizens. Certain other people who are born abroad may be U.S. citizens if their parents and/or grandparents were U.S. citizens and certain requirements are met. If you were born abroad and you have parents or grandparents who were or are U.S. citizens, you should contact our office to see if you derived U.S. citizenship from your parents.

Other individuals may apply for U.S. citizenship. To qualify for naturalization, a person must meet certain criteria including the following:

1. Must be a Lawful Permanent Resident;
2. Must be 18 years old;
3. Must be a resident continuously for five years subsequent to LPR status. If married to a US Citizen, residence requirement is three years if the parties are still married and living together;
4. Must have resided for at least three months within the state in which the petition was filed;
5. Must be physically present in the U.S. for at least one-half of the five years (or one-half of three years if the applicant is the spouse of a U.S. Citizen)
6. Must have resided continuously within the U.S. from the date the application filed up to the time of admission to citizenship;
7. Must not be absent from the U.S. for a continuous period of more than one year during the periods for which continuous residence is required;
8. Must be a person of good moral character for the period for which residence is required.

There are some qualifications and exceptions to all of the above requirements. So, please contact immigration attorney Lisa E. Battan to determine if you meet the qualifications to apply for naturalization.

Please remember that this information is not complete. If you have questions about your particular situation, you should contact us to determine what processes may best suit your needs.

We represent clients throughout Colorado and the U.S., as well as those from around the world, including Argentina, Nepal, Canada, the European Union, Mexico, Philippines, Tibet, India, China and elsewhere.

Contact us to discuss your situation, and your options, with an experienced Colorado immigration lawyer dedicated to helping you successfully navigate the immigration process.