Immigration Law


Acknowledgements Home International	Immigration Law Immigrants in Washington, D.C. We offer full services in Immigration Law Since 9/11 the Immigration and Naturalization Agency (INA) has been integrated into the Department of Homeland Security. When you deal with the government, any particular process is cumbersome and time-consuming and this is no different. There are many rules and regulations which have to be followed precisely, step by step, and deadlines have to be met. Often, this is very 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 often very difficult to make sense of the many different ways a solution can be approached or, even more so, must be approached. I am here to help you to maneuver as smoothly as possible through the process. You can make an appointment with me for an initial consultation; the fee is $300.00. If we agree that I shall handle your case, this fee will be applied towards the amount that you are billed. If you make an appointment to discuss criminal matters that may or may not apply to your immigration case, you may have to sign a retainer. The research and necessary hours acquiring your criminal records or police reports are not covered by the consultation fee. 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 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 a way to achieve your goal of admission into the United States, although in most cases this will be 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) you can achieve permanent residence in the US under VAWA (Violence Against Women’s Act), provided that 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) priority workers - persons with extraordinary ability in the sciences, arts, education, business, or athletics - outstanding professors and researchers - and certain multinational executives and managers members of the professions holding advanced degrees (usually graduate degrees) and aliens of exceptional ability skilled workers, professionals (without advanced degrees), and other workers who can show their labor is needed in the US special immigrants - certain religious workers and certain longterm foreign employees of the US government employment creation - it covers entrepreneurs who invest at least $1 million 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 fiancé of US citizens K2 children of fiancées 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 "extraordinary circumstances."
Acknowledgements	Revised 2/1/09