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Immigration Law

Immigration   Immigrants

We offer full service in Immigration Law. Since 9/11 the Immigration and Naturalization Agency (INA) has been integrated into the Department of Homeland Security. Any process, when you are dealing with the government, is cumbersome and time-consuming and this is not different. There are many rules and regulations which have to be followed precisely, step by step, and meeting deadline requirements. Often, it is laborious. If English is not your first language—and I know what I am talking about, many years ago I went through the same process—it is sometimes very difficult to make sense of the many different ways a solution can be approached or, even more so, must be approached.

US law classifies all noncitizens as either immigrants or nonimmigrants.

1. Nonimmigrant Visas for Temporary Stay

  • Business visitors
  • Students
  • Temporary workers
  • and many more

2. Immigrant Visas for Permanent Stay

There are three main programs:

  • Family reunification
  • Employment
  • Diversity

Each of these categories is numerically limited, depending on the number given for worldwide admission and/or depending on the home country of the applicant—they are given for every fiscal year.

3. Removal and Deportation Notices

We can help with Deportation Notices which you may have received for the following reasons:

  • Economics
  • Crime
  • Health
  • Morality
  • Politics
  • National Security
  • Unlawful presence in the US

Lawful admitted noncitizens—even Permanent Residents—can also be deported for conduct or circumstances not concerned with the immigration system itself; a criminal conviction is the most common example.

4. Criminal Offenses

  • Illegal entry
  • Unlawful presence
  • Transporting, smuggling, or harboring noncitizens unlawfully in the US
  • Fraud, including marriage fraud.

5. Sanctions

The Immigration Reform and Control Act of 1986 (IRCA) punishes employers and detain others for knowingly employing noncitizens who are not authorized to work, for hiring persons without observing specified paperwork requirements (even if the employees turn out to be authorized to work), or for discriminating on the basis of national origin or, in certain cases, citizenship status.

6. Bars and Waivers

Depending on your particular situation there may be some way to achieve your goal for admission into the United States, although in most cases a very lengthy and cumbersome process.

If you are the wife of an abusive husband who is either an US citizen or a LPR (legal permanent resident) there may be a way to achieve permanent residence in the US under VAWA (Violence Against Women’Äôs Act), provided you have proof.
 

Immigrant Priorities

As stated before, US law classifies all noncitizens as either immigrants or nonimmigrants. Most of the nonimmigrants categories require a temporary stay of fixed duration. The number of immigrants who will be allowed to enter the country is in most cases restricted.

Immigrants Exempt from General Quotas:

The most important group are immediate relatives: spouses, parents, and children of US citizens. The child has to be at least 21 years to claim a parent immigration.

  • First preference: the unmarried sons and daughters of US citizens
  • Second preference: the spouses and unmarried sons and daughters of LPRs
  • Third Preference: the married sons and daughters of US citizens
  • Fourth Preference: the brothers and sisters of over-age-21 US citizens

Immigrants Subject to General Quotas:

The INS has specific quotas for each country, depending on the world-wide caps. There are five employment-based preferences, several of them subdivided. INA § 203(b)

  1. priority workers ’Äì persons with extraordinary ability in the sciences, arts, education, business, or athletics ’Äì outstanding professors and researchers ’Äì and certain multinational executives and managers
  2. members of the professions holding advanced degrees (usually graduate degrees) and aliens of exceptional ability
  3. skilled workers, professionals [without advanced degrees], and other workers who can show their labor is needed in the US
  4. special immigrants ’Äì certain religious workers and certain long-term foreign employees of the US government
  5. employment creation ’Äì it covers entrepreneurs who invest at least $1mio each (less in specified instances) in enterprises that employ at least 10 Americans.

Visas Issued

Visas for Non-Immigrants:

  • B1 temporary visitors for business
  • B2 temporary visitors for pleasure
  • C transit aliens
  • E1 treaty traders and families
  • E2 treaty investors and families
  • F1 academic students
  • M1 vocational students

Temporary workers and trainees:

  • H1A registered nurses
  • H1B specialty occupation
  • H1C certain other registered nurses
  • H2 performing services unavailable in the US

Class of Admission:

  • H2A agricultural workers
  • H2B nonagricultural workers
  • H3 industrial trainees
  • O1 workers with extraordinary ability/achievement
  • O2 workers accompanying and assisting in performance of O1 workers
  • P1 internationally recognized athletes or entertainers
  • P2 artists or entertainers in reciprocal exchange programs
  • P3 artists or entertainers in culturally unique programs
  • Q1 workers in international cultural exchange programs
  • R1 workers in religious occupations
  • TN NAFTA professionals
  • J1 exchange visitors
  • J2 spouses and children of exchange visitors
  • K1 fiancˆ© of US citizens
  • K2 children of fiancˆ©es
  • L1 intracompany transferees
  • L2 spouses and children of intracompany transferees
  • T1-4 and U1-4 victims of trafficking and violence protection Act

Change of Non-Immigrant Status

Noncitizens who are inadmissible for having been unlawfully present for more than six month, and certain other designated noncitizens, are also ineligible for change of status except if a waiver applies to your particular situation.

If you as a nonimmigrant want to extent your stay instead of changing to a different nonimmigrant category, it may not be necessary to return home for a new visa. However, extensions are not available to you if you have overstayed or otherwise violated the terms of their existing stays, absent ’Äúextraordinary circumstances."

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Revised 11/20/07