San Mateo Immigration Attorney Jon Wu has over 30 years of legal experience, including more than two decades of hands-on experience in U.S. Immigration & Nationality law.  Attorney Wu represents individuals and companies in the San Francisco Bay Area and has prosecuted cases before the Immigration Courts and the Immigration & Naturalization Service offices in Miami, Portland, Los Angeles, New York, Reno, San Francisco, the California Service Center and U.S. Embassies and Consulates in Barcelona, Beijing, Guangdong, Hong Kong, Kaoshung, London, Nuevo Laredo, Shanghai and Taipei.

The law firm of Jon Wu, Attorney at Law will defend foreign nationals or permanent residents of the U.S. against the Bureau of Citizenship and Immigration Services (BCIS) removal or deportation proceedings, or ask for asylum protection.  The firm will also assist foreign nationals, lawful permanent residents of the U.S., or citizens of the U.S. gain family immigration, or employment based immigration, and such matters as:

• E-1 (investor visas)
• F-1 (foreign student visas)
• H-1B (professional/specialty worker visas)
• L-1 (intra-company transfer worker visas)
• RIR and Labor Certification (typical prerequisite to employment based immigrant visas)
• National Interest (waiver of job offer immigrant visas)
• Employment based visas for Multinational Executives
• Exceptional and Extraordinary Ability foreign national workers
• Outstanding Professors and Researchers (no Labor Certification Required)
• Adjustment of status
• Waivers of grounds of inadmissibility such as fraud, misrepresentation and criminal convictions
• Family based immigration
• Consulate processing

If you are seeking immigration legal services, contact Jon Wu, Attorney at Law toll free at 866-654-8846, or via email using the contact form in the left-hand column.  Visit our website to learn more about our services and why clients choose us.

American immigration law is one of the most politically divisive areas of the legal system, and it is changing constantly. An immigration lawyer can help you with issues such as: obtaining a U.S. work visa or other type of visa, obtaining a green card, naturalization, immigrating to the U.S. for education, adopting a child from another country (international adoption), gaining asylum in the U.S., and other immigration matters.

When a nonimmigrant temporarily enters the United States for a specific purpose such as business, study, or pleasure, a U.S immigration inspector, after examining their passport and visa, will issue the nonimmigrant a Form I-94, which states the arrival and departure date of their visit to the United States. If a nonimmigrant desires to extend their stay in the United States, or begin the procedure for immigrant status, the nonimmigrant must submit their requests to the USCIS before their authorized stay expires. A nonimmigrant may apply to extend their stay if they were lawfully admitted into the United States with a nonimmigrant visa, the nonimmigrant visa status remains valid, and they have not committed any crimes that would deem them ineligible to remain in the United States.

A nonimmigrant may not apply to extend their stay if admitted into the United States under: a Visa Waiver Program (VWP), a crewman status, as an alien in transit or in transit without a visa, or as a fiancé of a U.S. citizen or dependent of a fiancé.

Can I immigrate to the US if one of my family members is already there?

Yes you can. Immigration through a family member who is a US citizen or permanent resident is the most common way of gaining US residency. If you want to become a lawful permanent resident based on the fact that you have a relative who is a citizen of the United States or a lawful permanent resident, you must go through a multi-step process.

First, the USCIS must approve an immigrant visa petition – Form I 130 Petition for Alien Relative - filed by your relative (sponsor) and accompanied by proof of your relationship to the requesting relative.

Second, the Department of State must determine if an immigrant visa number is immediately available to you even if you are already in the United States. When an immigrant visa number becomes immediately available to you, it means that you can apply to have one of the immigrant visa numbers assigned to you. If you are already in the United States, you may apply to change your status to that of a lawful permanent resident after a visa number becomes available for you. If you are outside the United States when an immigrant visa number becomes available for you, you must then go to the U.S. Embassy or consulate in your country to complete the process.

Under the Legal Immigration Family Equity (LIFE) Act you may also get advance admission as a spouse or child of a U.S. citizen by acquiring a K Visa or an advance admission as a spouse or minor child of a lawful permanent resident by acquiring a Visa.

How long is the wait for a visa to immigrate through family?

People who want to become immigrants are classified into categories based on a preference system. The immediate relatives of U.S. citizens, which includes parents, spouses and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the visa petition is filed. An immigrant visa number will be immediately available for immediate relatives of U.S. citizens.

The relatives in the remaining categories must wait for an immigrant visa number to become available according to the following preferences:

• First Preference: Unmarried, adult (21 years of age or older) sons and daughters of U.S. citizens.
• Second Preference: Spouses of lawful permanent residents, their unmarried children (under twenty-one), and the unmarried sons and daughters of lawful permanent residents.
• Third Preference: Married sons and daughters of U.S. citizens.
• Fourth Preference: Brothers and sisters of adult U.S. citizens.

How can I sponsor a family member?

To be eligible to sponsor a relative to immigrate to the United States you must be a citizen or a lawful permanent resident of the United States and be able to provide documentation proving your status. You must also prove that you can support your relative at 125% above the mandated poverty line.

If you are a lawful permanent resident you may petition for a husband or wife or unmarried son or daughter of any age. If you are a US Citizen, you may petition for the following foreign national relatives:

• Husband or wife;
• Unmarried child under 21 years old;
• Unmarried son or daughter over 21;
• Married son or daughter of any age;
• Brother or sister, if you are at least 21 years old;
• Parent, if you are at least 21 years old.

What do I need to file for permanent residency?
In order to file for permanent residency, you must establish that you are eligible for U.S. citizenship by providing all applicable documents and forms.You must submit a completed Form I-485 with filing fee, and a completed Form G-325A with evidence that you have continuously resided in the United States prior to January 1, 1972, to the USCIS district office in your jurisdiction.  There is no appeal from the decision of the District Director, but your application may be renewed in front of an Immigration Judge.

How can I check the status of my application for permanent residency?
Contact the USCIS office that received your application. You should be prepared to provide the USCIS with specific information about your application.

If my application for permanent residency is denied, can I appeal?
Generally, you may appeal within 33 days after the immigration judge decides to remove you from the country. After your appeal form and a required fee are processed, the appeal will be referred to the Board of Immigration Appeals in Washington, D.C.