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Immigration Law

LAWAMERICA represents clients in immigration matters through direct communication 
with U.S. Citizenship and Immigration Services (USCIS) and U.S. embassies, with offices in both Seoul and Irvine. 

U.S. Green Card 

I. Family-Based Immigration 

F1
Unmarried sons and daughters of U.S. citizens
7–8 years
F2A
Spouses and unmarried children of lawful permanent residents
2–3 years
F2B
Unmarried sons and daughters (age 21 or older) of lawful permanent residents
7–8 years
F3
Married sons and daughters of U.S. citizens
14–15 years
F4
Brothers and sisters of adult U.S. citizens
17–18 years
  Family-Based Immigration Process

File Form I-130,
Petition forAlien Relative,
with USCIS

After approval of the I-130 petition:

If the applicant is in the United States: File for adjustment of status → Attend a USCIS interview → Receive a green card

If the applicant is outside the United States: Attend an immigrant visa interview at a U.S. embassy or consulate → Enter the United States with an immigrant visa → Receive a green card

II. Employment-Based Immigration 

Employment-Based Immigration: First Preference (EB-1A)
Permanent residence for individuals of extraordinary ability in the sciences, arts, education, business, or athletics.
Employment-Based Immigration: First Preference (EB-1B)
Permanent residence for outstanding professors and researchers.
Employment-Based Immigration: First Preference (EB-1C)
Permanent residence for multinational executives and managers.
Employment-Based Immigration: Second Preference (EB-2)
  • Permanent residence for professionals holding an advanced degree or the equivalent
  • National Interest Waiver (NIW): Permanent residence for individuals whose work has substantial merit and national importance to the United States
Employment-Based Immigration: Third Preference (EB-3)
  • Permanent residence for skilled workers with at least two years of experience
  • Permanent residence for professionals with a bachelor’s degree
  • Permanent residence for certain other workers
Employment-Based Immigration: Fourth-Preference immigration (EB-4)
Permanent residence for certain special immigrants, including religious workers.
  Employment-Based Immigration Process 

The U.S. employer files
for labor certification with
the U.S. Department of Labor, unless exempt

(such as EB-1A and NIW cases)

File Form I-140, Immigrant Petition for Alien Worker

• If the applicant is in the United States → File for adjustment of status → Attend a USCIS interview → Receive a green card

• If the applicant is outside the United States → ttend an immigrant visa interview at a U.S. embassy or consulate → Enter the United States with an immigrant visa → Receive a green card

III. EB-5 Immigrant Investor Program 

EB-5 Direct Investment
Invest at least $800,000 in a U.S. business and create at least 10 full-time jobs
EB-5 Regional Center Investment
Invest at least $800,000 through a designated regional center
  EB-5 Regional Center Process
1. Consult with an attorney regarding available EB-5 regional center programs
2. Transfer the required investment funds to the regional center
3. File Form I-526E, Immigrant Petition by Regional Center Investor, with USCIS
4. After approval of Form I-526E, obtain an immigrant visa or adjust status
5. File Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, within the 90-day period before the second anniversary of conditional permanent residence

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