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Immigration

If you are seeking to immigrate to the United States, obtain a visitor visa, then do not hesitate to retain a lawyer from our firm for excellent legal service.

In general, immigration to the United States can be split into two different categories: employment-based and family-based. Anyone seeking to immigrate to the U.S. for employment must meet numerous strict requirements and comply with various guidelines before employment-based permanent resident status will be granted. Non-immigrant employment visas are available, as well, for individuals seeking seasonal or otherwise temporary travel to the U.S. for business or employment purposes.

Whether you are facing an employment-based immigration matter, family-based immigration matter or any other immigration matter – we are here for you when you need us most. Some immigration cases may be more detailed and unique. Perhaps you are facing persecution in your home country due to your race, religion, gender, or political views. You may be able to apply at the U.S. Embassy or U.S. Consulate for the status of refugee or immigrate to the U.S. and obtain protection against removal by applying for asylum. As long as you apply within one year of entering the country, you cannot be removed. You may also be eligible for temporary protected status (TPS) if you legally entered the United States with a temporary visa but are unable to return home due to conflict, war, and other such turmoil. Each of the above circumstances can protect you from deportation due to unlawful presence, which is one of many grounds for removal.

Who is permitted to enter the U.S. from a foreign country?

U.S. law establishes four principal means by which a foreign national can legally enter the country:

  • Employment-based immigration
    • Family-based immigration
    • Refugee or asylee status
    • The diversity lottery.

Each category covers a variety of situations, some allowing for temporary stays in the U.S. and others allowing for permanent immigration. For some categories, annual quotas may apply.

Which family members can sponsor relatives for U.S. immigrant visas that will grant them permanent entry?

With some exception and restriction, a U.S. citizen may sponsor the following relatives for an immigrant visa to permanently enter to the U.S. (i.e., a green card):

  • A spouse or fiancé(e)
    • A parent
    • A sibling
    • A minor child
    • An adult child (regardless of marital status).

Additionally, a foreign national in the U.S. with lawful permanent resident (LPR) status (i.e., a green card holder) may sponsor a spouse, a minor child or an unmarried adult child. Citizens and permanent residents who sponsor relatives for immigration must have a certain level of earnings, and they must agree to legally support their incoming family member(s).

Possibly. If you want your dependent spouse and minor child to accompany you to the U.S. after you have obtained a temporary work visa, they will need to apply and be approved for the appropriate type of nonimmigrant visa. Please be aware that these nonimmigrant visas do not necessarily mean that a spouse will be authorized to work in the U.S.

Many nonimmigrant visa categories allow for extensions. However, government permission to stay beyond the original visa expiration date is typically discretionary, not automatic.

To extend the amount of time you can remain in the U.S. on a nonimmigrant visa, you must:

  • Apply for an extension with U.S. Citizenship and Immigration Services(USCIS). The application should be filed well in advance of the last authorized day in the U.S. in order to avoid falling “out of status.”
    • Have not violated any of the terms of your nonimmigrant visa
    • Have not committed any crime or violated any U.S. law.

Deportable offenses are actions for which a foreign national may be forced to leave the U.S. and return to his or her home country. Some deportable offenses include:

  • Using fraudulent documents to enter the U.S.
    • Providing material misrepresentations (like marriage fraud) to receive a visa
    • Committing certain types of crimes (such as most drug crimes, aggravated felonies, domestic violence and child abuse, many gun offenses, etc.)
    • Posing a threat to national security
    • Engaging in terrorist activity
    • Helping others enter the country illegally
    • Overstaying a visa
    • Voting illegally.

For a complete list, see 8 U.S.C.A. § 1227.

The president sets an annual limit on the number of refugees (coming from outside the U.S.) but not on the number of asylum seekers (already in the U.S.). The president works with Congress to determine the number of refugees that should be admitted to the U.S. for resettlement.

To qualify as a refugee or asylee, an individual must have a “well-founded fear of persecution” at home for his or her religion, race or national origin, politics, or social-group membership.

The diversity lottery, a program run by the U.S. Department of State (DoS), issues up to 55,000 diversity visas (DVs) each year to foreign nationals from regions and countries with low immigration rates to the U.S.

Foreign nationals who meet the criteria for the lottery are placed into a pool and are then randomly selected by a computer program for the available visas. Only people from countries that sent less than 50,000 immigrants to the U.S. over the past five years are eligible for this lottery.

Naturalization allows a foreign national to become a U.S. citizen. To be eligible to nationalize, a person typically has to have already been an LPR for a certain length of time. Becoming a citizen, however, does not require a previous LPR status.

To be allowed to nationalize, the individual must:

  • Be of “good moral character”
    • Pass English literacy, history and government tests (There are some exceptions for this requirement.)
    • Interview successfully with a government official to establish the right to citizenship
    • Take the Oath of Allegiance to the U.S.
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