"The Right Immigration Attorney Makes All the Difference"

Geno Law Firm, Inc, in Fairfax, Virginia, is dedicated to representing individuals, families, and corporations in their immigration law needs. At Geno Law, we believe in helping people accomplish their immigration goals through dedication to hard work, individual attention, and excellence. We know how important immigration issues are in our clients' lives. We are prepared to devote our full energy to each individual and each case to help our clients achieve their dreams.

Immigration law is a complex and frequently changing area of the law, with new statutes, case rulings and regulations issued routinely. At Geno Law, remain up to date on the current developments through professional publications and associations, as well as continuing legal education.

Brian Geno of Geno Law attends immigration law conferences and to keep abreast of immigration law changes. This dedication, attention to detail, and perseverance makes all the difference in the outcome of a case. Lead immigration attorney, Brian Geno, has a track record of success with all types of immigration law matters, including I-140 petitions, as well as hardship waivers, visas, naturalization, spousal immigration, green cards and related issues. He has an outstanding record of approval for immigration petitions

Contact an Immigration Lawyer at Geno Law

For a free consultation to discuss your immigration needs with a dedicated immigration law firm, please contact an attorney online, through our firm website at www.GenoLaw.com or call 703-GENO (4366). We are here to serve you and clients throughout the United States, including Northern Virginia, District of Columbia and surrounding areas in Maryland.

Under the Immigration and Nationality Act there are two basic categories of relatives that permit immigration to the United States: 1) immediate relatives and 2) preference immigrants.

Immediate relatives consist of spouses of United States citizens, minors (under twenty one years of age), unmarried children of United States citizens, parents of United States citizens (if the petitioner is at least twenty one years of age), and certain other spouses of deceased United States citizens.

Preference immigrants consist of the following:

First Preference: Unmarried sons and daughters of United States citizens over the age of twenty-one years.

Second Preference: Spouses or children of aliens lawfully admitted for permanent residence; or Unmarried sons or daughters of aliens lawfully admitted for permanent residence;

Third Preference: Married sons and daughters of citizens of the United States;

Fourth Preference: Brothers or sisters of citizens of the United States, if such citizens are at least twenty-one years of age.

It should be noted that preference category immigrants are permitted to have derivative beneficiaries; immediate relatives are not permitted to have derivative beneficiaries. Derivative beneficiaries are the spouse or child of the principal alien in any of the family preference categories. Limits are placed on the number of immigrants permitted to enter the United States through preference category immigration each year. Immediate relatives have no numerical limitation. A monthly Visa Bulletin is published by the U.S. Department of State that establishes the priority dates that are being admitted in each preference category that month. Priority dates are the date of receipt by the U.S. Citizenship and Immigration Services of an immigrant petition. Until a priority date becomes current in a preference category, the prospective immigrant must wait for his or her priority date to become current to enter the United States as a permanent resident either through consular processing or, if the immigrant is already in the United States, through adjustment of status.  The U.S. Government Visa Bulletin with current priority dates can be found at http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

Family Based Removal of Conditions

If an individual obtains permanent resident status through a United States citizen or permanent resident spouse and the marriage was not two years old at the time the individual obtained permanent residence, the permanent residence is conditional for two years. In the ninety day period prior to the two year anniversary of the grant of conditional permanent residence, the couple must file a joint petition to remove the conditional basis of the permanent residence. If the marriage ends in divorce the conditional permanent resident spouse can file a petition to waive the joint filing requirement. This petition must be filed after the divorce is final. It cannot be filed while the couple is still married but in the process of obtaining a divorce. Abused spouses may also file for a waiver of the joint filing requirement and conditional residents who would suffer extreme hardship if the joint filing requirement is not waived may also file for a waiver of the joint filing requirement.

Becoming a U.S. Citizen after being Married to a U.S. Citizen

If an individual has obtained permanent residence through marriage to a United States citizen, the individual may apply for citizenship three years after the date on which his permanent residence was granted. The application may be filed up to 90 days prior to his three year anniversary of obtaining permanent residence. In the Pittsburgh U.S. Citizenship and Immigration Services Office interviews are usually held five to seven months after the application for naturalization has been filed. The applicant for citizenship must demonstrate the ability to speak and write English and pass a test on United States government and history. If the interview is successful an oath ceremony is scheduled at which time the prospective citizen will pledge the Oath of Allegiance and receive a certificate of naturalization. The new citizen is then eligible for the benefits of United States citizenship: the ability to vote, to serve as a juror, to hold jobs available only to United States citizens, and to sponsor relatives. Many new citizens file applications to bring their parents to the United States as permanent residents. Spouses of United States citizens assigned abroad may be eligible for expedited naturalization.

Citizenship/Naturalization

Citizenship is often felt to be an easy application to file (the application is called an N-400 Petition). However, it is also the application that involves many problematic issues: residence and good moral character are two of the most complex issues that arise in citizenship applications. Many individuals are not eligible for citizenship and, therefore, should not apply. This is often the case for individuals convicted of certain crimes. Filing an application for naturalization can lead to removal proceedings for these individuals. If a permanent resident has ever been arrested, he should consult an immigration attorney prior to filing for naturalization.

Permanent residents who have spent significant amounts of time outside of the United States should consult an experienced immigration attorney who knows how to perform citizenship eligibility date calculations prior to filing for citizenship.

General requirements for Naturalization are:

1. The applicant must be a lawfully permanent resident;
2. The applicant must be at least eighteen years old at the time of filing the application for naturalization (unless the applicant has served in the United States military, in which case the applicant may naturalize regardless of age, or the applicant is a minor with at least one United States citizen parent, who may then be naturalized upon application of the parent);
3. The applicant must have satisfied certain residency requirements:

• The applicant must have been domiciled (legally resident) in the United States for five years immediately preceding the filing of the application unless permanent residence is obtained as the spouse of a United States citizen, in which case the period of legal residence is three years;
• The naturalization application may be filed after four years and nine months after the grant of permanent residence;
• The five year period of residence must be fulfilled before the grant of citizenship
• The applicant must reside within the state or the U.S. Citizenship and Immigration Services district where the application for naturalization is filed for at least three months immediately prior to the filing of the application;
• The applicant must be physically present in the United States for at least half of the required residence time preceding the filing of the naturalization application which is two and one half years for all applicants (except those who acquired permanent residence as the spouse of a United States citizen who must only have eighteen months of physical presence in the United States prior to applying);
• The applicant must possess the requisite physical presence eligibility at the time of filing the application for naturalization; at the time of the naturalization interview; and at the time of the oath ceremony;
• The applicant must retain residency in the United States from the time of filing of the application until the time of admission for citizenship;
• The applicant must no longer intend to reside in the United States after acquiring citizenship;
• The applicant's absences from the United States during the required periods of statutory residence may impact the applicant's eligibility for citizenship: absences from the United States for more than six months create a presumptive break in residence that is rebuttable; absences of one year or more break continuous residence; and certain employees of United States government agencies and companies may file applications to preserve their residence with U.S. Citizenship and Immigration Services; and
• Applicants who are religious missionaries and those applicants serving in the United States armed forces have special rules for their physical presence and residence.
• The applicant must be a person of good moral character:
• This qualification for citizenship can be an obstacle for those who have been convicted of certain crimes; and
• This qualification for citizenship can be an obstacle for those men who have not registered with the Selective Service when they were required by law to do so.
• The applicant must fulfill literacy and knowledge of United States history and government requirements:
• Certain applicants may be exempt from these requirements due to age or disability.