Areas of Practice

Family Based Immigration

Family based immigration may be used by family members of United States Citizens and Lawful Permanent Residents. The family member seeking entry to the U.S. must be a spouse, child, brother or sister of the U.S. Citizen or Lawful Permanent Resident. U.S. Citizens may also petition their parents. How quickly your family member may enter the United States depends on which type of visa the relative qualifies for.  Family members of U.S. Citizens qualifying as an immediate relative do not have to wait for visas to become available. However, there are a limited amount of visas for family members of Lawful Permanent residents. This means must wait for a visa number to become available for the family preference immigrant visa.

Immediate Relatives

    • Spouses
    • Children (under 21 years of age)
    • Parents of U.S. Citizens (21 years old or older)
    • Orphan adopted abroad by a U.S. Citizen
    • Orphan to be adopted in the U.S. by a U.S. Citizen

Family Preference Immigrant Visas

    • First Preference: Unmarried Children (21 years old or older) of U.S. Citizens
    • Second Preference: Spouses and Unmarried Children of Lawful Permanent Residents
    • Third Preference: Married Sons and Daughters of U.S. Citizens
    • Fourth Preference: Brothers and Sisters of U.S. Citizens (21 years old or older)

VAWA

The Violence Against Women Act (“VAWA”) allows battered spouses, children and parents of U.S. Citizens to file a petition for themselves. VAWA also applies to battered spouses and children of lawful permanent residents. The abuser is not notified of the filing. If your self-petition is approved, you can apply for your employment authorization. You may also be eligible to apply for a green card.

U Visa

Are you a victim of a crime? Victims of qualifying crimes who are helpful to authorities and suffered from mental or physical abuse as a result of the crime may qualify for a U Visa. You may also petition for your spouse and children. If you are approved, you will receive authorization to work.  You may also be eligible for a green card if you have been in the United States continuously for three years after receiving the U visa, and you were available to cooperate with law enforcement.

Returning Resident Immigrant Visa

A special immigrant visa may be available to Lawful Permanent Residents who remain outside the U.S. for an extended period of time due to circumstances beyond their control.

Fiancée Visa

A United States Citizen may petition his/her foreign born Fiancé(e) and the children of the Fiancé(e) and/or U. S. Citizen. Once in the United States, the fiancée will have 90 days to marry U. S. Citizen.

Employment Based Visas

Business immigration allows you, your spouse and children to use employment to legally live and work in the United States. Some employment based visas allow you, your spouse and children to file for a conditional permanent residence while others allow you to remain in the United States temporarily.

INVESTMENT IMMIGRATION

E-2 Treaty Investors

Foreign nationals of treaty countries (countries the United States maintains a treaty of commerce and navigation) may be admitted to the United States when investing a substantial amount of capital in a new or existing United States business.

EB-5 Investment Immigration Program

In 1990, Congress created the EB-5 Immigrant Investor Program to help stimulate the economy in the United States by creating jobs and through capital investments from foreign investors. This program allows the investor, spouse, and children under 21 years of age to file for conditional permanent residence once the investor’s petition is approved. As of November 21, 2019, the minimum investment amount is $900,000.00 or $1,800,000.00 depending on the location in the United States.

BUSINESS VISAS FOR TEMPORARY WORKERS

H-1B Visa Specialty Occupations and Fashion Models

Foreign Nationals with a Bachelors Degree or its equivalent may work and live in the United States for a temporary period. Contact us for more information.

H-2B Visa for Temporary, Seasonal, or One-Time Need Workers

This non-immigrant visa is for employers who need temporary, seasonal, or one-time need workers. Contact us for more information.

H-3 Visa for Training

This is a non-immigrant visa for foreign nationals looking to train in a U.S. company in the areas of commerce, in an industrial establishment, agriculture, government, finance, or professions.

L-1 Visa for Multinational Company

United States employers seeking to bring foreign national employees who worked for the overseas company for a continuous period of 1 year in the preceding three years. The employee must have worked in an executive, managerial or specialized “knowledge position.” The overseas company must be an affiliate, subsidiary or office of the same U.S. employer. This visa allows the foreign national to seek permanent residence under the EB-1 visa after working for 1 year.

E-1 Treaty Traders

Foreign nationals of a treaty country (a country the United States maintains a treaty of commerce and navigation) may stay in the United States to engage in international trade as an enterprise or individually.

E-2 Treaty Investors

Foreign nationals of treaty countries (countries the United States maintains a treaty of commerce and navigation) may be admitted to the United States when investing a substantial amount of capital in a new or existing United States business.

E-3 Visa for Specialty Occupation Professionals from Australia

The E-3 Visa requires theoretical and practical application of a body of highly specialized knowledge in a particular field. The employee must at a minimum possess a bachelor of arts or it’s equivalent in the particular field of specialized knowledge. The employee must demonstrate the following:

      • A national of Australia
      • Have a legitimate offer of employment
      • Possess the necessary academic or qualifying credentials
      • Will fill a position that qualifies as a specialty occupation

O Visas for Extraordinary Ability Persons

Persons with extraordinary ability in the sciences, arts, education, business, or athletics, or persons of extraordinary achievement in the motion picture or television fields.

P Visas for Entertainers and Athletes

This visa has a variety of categories allowing entertainers and athletes with a level of distinction that is not necessarily “extraordinary” to potentially qualify.

TN Visas for Canadian and Mexican Professionals and Workers

This visa allows qualified Canadian and Mexican citizens to enter the United States on a temporary basis to engage in business activities at a professional level.

BUSINESS VISAS FOR PERMANENT WORKERS

EB-1 First Preference Workers

This visa is for workers with talent in education, business, arts, athletics or science. It is also for mutinational managers, professors and researchers.

EB-2 Second Preference Workers

Workers with advanced degrees or with exceptional business, science or art skills may qualify for this visa.

EB-3 Third Preference Workers

You must be a Skilled Worker, Professional or Other Worker to qualify. A Skilled Worker must possess 2 years of job experience, education or training that meets the job requirements on the labor certification. You must perform work that U.S. workers are not qualified to perform. A Professional must possess a U.S. bachelor’s degree or foreign equivalent, and that the bachelor’s degree is necessary for entry into the specific occupation. You must perform work that U.S. workers are not qualified to perform. Other Workers must be able to perform unskilled labor (less than 2 years training or experience) at the time the petition is filed. The work may not be seasonal or temporary. You must demonstrate that there are no qualified U.S. workers.

EB-4 Special Immigrants

You may be eligible for a Special Immigrant visa if you are one of the types of persons listed below:

      • Religious Workers
      • Special Immigrant Juveniles
      • Broadcasters
      • Iraqi/Afghan Translators
      • Iraqis Who Have Assisted the United States
      • International Organization Employees
      • Physicians
      • Armed Forces Members
      • Panama Canal Zone Employees
      • Retired NATO-6 employees
      • Spouses and Children of Deceased NATO-6 employees

EB-5 Immigrant Investors

In 1990, Congress created the EB-5 Immigrant Investor Program to help stimulate the economy in the United States by creating jobs and through capital investments from foreign investors. This program allows the investor, spouse, and children under 21 years of age to file for conditional permanent residence once the investor’s petition is approved. As of November 21, 2019, the minimum investment amount is $900,000.00 or $1,800,000.00 depending on the location in the United States.

Deportation Defense

Are you facing deportation? We can help! In some cases, non-citizens may be citizens without knowing it. We handle the following:

  • Cancellation of Removal for Certain Permanent Residents
  • Cancellation of Removal for Non-Permanent Residents
  • Suspension of Deportation for Lawful Permanent Residents with criminal convictions before April 1, 1997.
  • Voluntary Departure
  • Prosecutorial Discretion

 

U.S. Citizenship and Naturalization

CITIZENSHIP

A child born outside of the United States to a United States Citizen may automatically acquire citizenship depending on the law at the time of the child’s birth.

NATURALIZATION

Citizenship may also be acquired through naturalization if the applicant shows good moral character for the required period of time and meets residency requirements. A lawful permanent resident married to a United States Citizen must show good moral character and residence for a period of three years. If the naturalization applicant became a lawful permanent resident as a derivative or by means other than marriage, then the period of time is five years. The applicant must also not leave the United States for 6 months or more without prior authorization.

Civics Test In Your Native Language

Applicants who are age 50 or older and have lived in the U.S. as lawful permanent residents for 20 years when filing for naturalization, may take the test in their native language.

Applicants who are age 55 or older and have lived in the U.S. as lawful permanent residents for 15 years when filing for naturalization, may take the test in their native language.

Officers will administer a special test form for applicants who are age 65 or older and have lived in the U.S. as lawful permanent residents for 20 years when filing for naturalization,

Military

Members and Veterans of the United States Armed Forces may be eligible to naturalize under special provisions. Contact us for more information.

Posthumous Citizenship may be available to members of the military who served honorably and died from disease or injury incurred while in active duty during a particular period of hostility.

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