Law Office of Jaime Winthuysen Aparisi

Permanent Residence

Generally obtained through employment or family based petitions, those seeking lawful permanent residency in the United States should seek the assistance of an experienced professional.

Family based Immigration has become increasingly complicated and fraught with obstacles due to the implementation of the Illegal Immigration Reform & Immigrant Responsibility Act of 1996 (IIRAIRA). The Act sets out a three year bar for those attempting to return to the United States after a period of unauthorized stay (as defined by the Attorney General) of 180 days. The Act further penalizes those completing one year of unauthorized stay in the United States with a ten year bar. The three and ten year bars have distinct requirements, but are both triggered upon departure from the United States, as interpreted presently. IIRAIRA creates several other barriers to family unification. Those wishing to be reunited with family in the United States should consult an immigration practitioner.

Employment based immigration is generally obtained through Labor Certification. Individuals of Extraordinary Ability, Outstanding Researchers and Professors or those of Exceptional Ability granted a National Interest Waiver are exempt from that requirement.