Family Petitions

  • Adjustment of Status - When a person is switching their status from a nonimmigrant visa holder (like a B1 or B2 visitor visa) to a legal permanent resident or "green card holder" and do not want to leave the US.

  • Petitioning Family Relatives - When a person would like to immigrate their spouse, mother, father, child, sister or brother.

  • Naturalization - When a legal permanent resident or "green card holder" becomes a US Citizen.

  • Green Card Holder - A legal permanent resident (LPR).

  • Work Authorization - When the federal government grants permission to legally work in the US.

  • Waivers of Inadmissibility (I-601, I-212) - If you are eligible to immigrate into the US, but you have committed some type of violation of immigration law or a criminal offense, you may need a waiver asking the US government to pardon these acts.  Common offenses include entering the US without inspection ("illegal entry"), overstaying your visa past the expiration date, making false statements or misrepresentations to an immigration official or committing any number of criminal offenses.  To successfully apply for these waivers an immigrant must generally establish that their exclusion or removal from the US would cause extreme hardship to himself or herself, and to the qualifying relative or relatives.  Generally, this remedy also takes into account how long the immigrant has been in the US.

  • Deferred Action for Childhood Arrivals (DACA) - In 2012, President Barack Obama signed an executive order instructing the Department of Homeland Security to defer deportation and grant temporary work authorization (for 2 year increments) to the following individuals:

  1. who are under the age of 31 (on June 15, 2012);

  2. who arrived to the US before their 16th birthday;

  3. continuously resided in the US from June 15, 2007 (last five years) to the present;

  4. been physically present in the US on June 15, 2012, as well as at the time of requesting deferred action from US Citizenship and Immigration Services (USCIS);

  5. entered without inspection before June 15, 2012, or had any lawful immigration status expired on or before June 15, 2012;

  6. been in school at the time of application, or have already graduated or obtained a certificate of completion from high school, or have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the US Coast Guard or the US Armed Forces; and

  7. not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

 


Relief from Deportation and Special Immigration Protections

  • Removal Proceedings (Deportation) - When a person is charged with a crime or a violation of immigration law and immigration gives that person a Notice to Appear (NTA) before an immigration court.  Otherwise known as "deportation proceedings."

  • Asylum - US and International Law recognizes that some people should not be deported or removed to their countries of citizenship or residence, as the case may be, because they are afraid to return there.  If such fear is reasonable and other complex requirements are satisfied, an immigrant may be recognized as a refugee and granted protection from removal from the US in the form of either asylum, withholding of removal, or withholding of removal, or deference of removal under UN Convention Against Torture and Other Cruel or Degrading Punishment (CAT).

  • Special Immigrant Juvenile Status (SIJS) - Some children present in the United States without legal immigration status may be in need of humanitarian protection because they have been abused, abandoned, or neglected by a parent.  Special Immigrant Juvenile Status (SIJS) is an immigration classification that may allow for these vulnerable children to immediately apply for lawful permanent resident status.  A child must be unmarried, under 21 years of age at the time of filing with U.S. Citizenship and Immigration Services (USCIS), physically present in the United States, and have a qualifying juvenile court order.

  • Protection Under the Violence Against Women Act (VAWA) - In 1994, Congress passed the Violence Against Women Act (VAWA), creating special protections for immigrant victims of domestic violence.  Among the basic requirements for eligibility, a petitioner must be a victim abuse at the hands of a US citizen or permanent resident spouse or parent.  This abuse can be emotional or psychological and is not limited to physical abuse.  Through a self-petitioning process, the battered spouse/child may apply for lawful permanent residency without the knowledge or involvement of the abuser.  Derivative status is available to certain children and parents of the principal immigrant.

  • U-Visa - The U-Visa is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.  Congress created the U-Visa with the intention to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of aliens and other crimes, while also protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity.  U-Visas are valid for four years, and the recipient of a U-Visa may apply for lawful permanent residence after the third year.

  • T-Visa - The T-Visa is another special protection (similar to the U-Visa) for those who are or have been victims of human trafficking.  The T-Visa protects victims of human trafficking and allows victims to remain in the US to assist in any investigation or prosecution of human trafficking.  Human trafficking, also known as trafficking in persons, is a form of modern-day slavery in which traffickers lure individuals with false promises of employment and a better life.  Traffickers often take advantage of poor, unemployed individuals who lack access to social services.  The T-Visa was designed to strengthen the ability of law enforcement agencies to investigate and prosecute human trafficking and protect victims.

  • Bond Hearings - A bond allows immigrants who are in the custody of immigration to be temporarily released by paying a certain amount (the minimum bond amount is $1,500.00, though bonds typically range from $1,500.00 to $20,000.00, or even a potentially higher amount) and promising to return to immigration court at a later date.  Generally, immigrants who are not classified as arriving aliens or terrorists are allowed to seek bond so long as they are not classified as aggravated felons under federal immigration guidelines.

 

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Business Immigration

  • E-1 Treaty Trader - Visa for people of qualifying Treaty countries who undertake a significant amount of international trade with the US.  The volume of such trade must be sufficient to justify the trader or his/her employee(s) being in the US to manage the trade, and must constitute the majority of the trader's international trade.

  • E-2 Investor - Visa for people of qualifying Treaty countries who have made a significant investment in the US may qualify for E2 Treaty Investor status.

  •  EB-5 - Visa provides a method of obtaining a green card for foreign nationals who invest money in the US.  Individuals must invest $1,000,000 (or at least $500,000 in a "Targeted Employment Area") creating or preserving at least 10 jobs for US workers.

  • H-1B - Visa for people with bachelor's and advanced degrees who will be working in a specialty occupation.

  • H-1B1 - Similar to an H1B above but applicable only to Singaporeans and Chileans.

  • H-2 -Visa for nonimmigrant "unskilled workers" in temporary or seasonal work.

  • TN - Visa for Mexican or Canadian professionals with sponsors in the US at the time of application.

  • L-1 - Visa for executives and managers transferring from other countries to the US' subsidiaries or regional offices of the employer corporation.

  • F - M - Visas for students.

  • O-1 - Visas for people with "extraordinary abilities."

  • P - Visas for athletes, artists and entertainers.

  • - Visa for religious workers.

  • I-9 Compliance - Verification of an employee's authorization to work in the US.  All employers must have every employee complete this form - and must complete a section, themselves - before an employee is allowed to begin work.  Failure to comply with I-9 regulations could result in civil penalties against an employer and / or an employee.

  • Labor Certification Program Review Electronic Management (PERM)- Immigrant workers can obtain a green card by obtaining legal work in the US.  The U.S. Department of Labor must certify that there is a lack of qualified U.S. workers in your job category.  Once the labor shortage is certified you can apply at USCIS for your immigrant visa.