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Answers from an Immigration Attorney on Getting a Nonimmigrant Visa

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One of the most common ways of obtaining a temporary visa to the United States is by applying for a nonimmigrant visa. Your immigration attorney can help you with the details. To find out if you qualify, read a few frequent FAQs answered by our experts:

What does nonimmigrant visa represent?

This is essentially a temporary visa that permits a foreign national to be present on US soil for a limited or specific period of time. This will also allow the person to travel in and out the States for specific purposes throughout the visa period. This kind of visa sometimes comes with other privileges as well, such as the person’s ability to go to school to the US or to find employment. There are basically many different types of nonimmigrant visas, but the only thing they have in common is the fact that they grant the person a right to live in the US for a limited time span.

What are the most common types of nonimmigrant visas?

Some visas allow employment, others will only allow you some type of activity like getting married, providing religious guidance or attending school. The most important thing to keep in mind is that almost all such visas have a derivative status, allowing spouses and young children below the age of 21 to accompany the applicant to the US.

How does one get such a visa if not already in the US?

This largely depends on the kind of visa that person has been applying for. Some nonimmigrant visas will entail a petition to be filed with the US Immigration Services. In some cases, an employer or a sponsoring person or organization need to petition on behalf of the applicant. In most cases, a foreign national will need to prove they have a valid job offer from an US employer.

If the Immigration Service approves the visa request, a notice of approval will be sent through to the applicant’s consulate or embassy.

How can a foreign national change the purpose on the nonimmigrant visa?

The process of changing a person’s nonimmigrant status actually involves the filing of an application or petition with the USCIS (US Citizenship and Immigration Services). This is only possible where the foreign national has maintained a valid nonimmigrant status and hasn’t violated any of the terms, hasn’t stayed in the country past expiration date or worked in unauthorized places. In case that person has a proven track record of visa violations, they will have to leave the US and reapply for a nonimmigrant visa in their home country.

There are many other aspects involved in the nonimmigrant visa process, but in most cases, an immigration attorney will be able to help. A specialized lawyer with a proven track record of cases will be able to explain every little detail of the process while helping you or a relative to obtain the visa in a simple, straightforward manner.

Immigration Detention Attorney: Tips and Facts to Keep in Mind

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If you have found out that someone in your family or a friend is in immigration detention, there are a few things to do in order to help them. The first and most logical step would be to find them a very good, specialized immigration detention attorney. It can generally be very difficult to find information on the person’s whereabouts.  If you are interested in the detention process and how to contact and help a friend, below are a few facts about US regulations regarding immigration.

–          The US Government uses this form of detention as a way of dealing with illegal and undocumented immigrants after they have been identified and arrested. Detention basically occurs under specific, aggravating circumstances and when the government decides that an immigrant may be a fight risk or a threat to the public safety. Also, the authorities may decide that person can move to another location in the United States. This form of detention will secure an immigrant’s appearance in front of a special court.

–          Detention is most likely to happen when the Department of Homeland Security or the Immigration and Customs Enforcement find that the person to be detained has:

a)      Committed a crime

b)      Is subject to an outstanding deportation order, a pending or a due one

c)       Missed a few immigration hearing dates

d)      Arrived at the border without formally applying for a refugee or asylum status

There are a few things you can do after a friend or family member has been detained

–          It may difficult to discover the detention location, but you can use an online resource, the ICE locator. It will be helpful to have the person’s A# number on hand, and this will generally be shown on a work permit or green card. You should know that for recent detainees, the latest info will take a while to load. The system doesn’t give you information on minors, either, so you will have to find an ICE office and get your information from there.

–          In some cases, a person may have been taken to detention in a local correctional facility or local jail. It may be a good idea to call the ones located in your area, let them know who you are and ask for information. In case the detainee is in a DHS facility, the wisest thing would be to call a deportation officer or have your immigration detention attorney call them. In this case, a legal representative is helpful, as anything you say in a conversation with a state official may be used against the detainee in a court of law. So make sure not to reveal information about the immigration status of the person you are trying to help, their country of origin or other things that can be used against them.

–          There will be instances of an ICE officer may refuse to discuss any detention issue with you. This is an instance where an immigration attorney will be helpful, because they can assist you better in tracking down the case’s deportation officer and maintain all official communication lines. An attorney is also helpful in case the detainee is in need of medical attention or requires special medication.

Generally, a specialized immigration detention attorney may help with both getting the preliminary info and helping get a bond hearing for getting your friend or relative out of detention while awaiting further legal action. Make sure you contact a seasoned lawyer who has handles such cases before and has all the right information and knows the right people in the system.

Work Related Injuries: When they Occur and Tips from an Expert Accidents Attorney

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Work related injuries are probably the most difficult to deal with, either as an injured party or as an employer. An accidents attorney will always be a handy ally in your efforts to win a workers’ compensation trial. Below are a few things you need to keep in mind before going to trial:

Accidents that occur on the job will generally fall into two different categories:

a)      Injury as a result of defective equipment.

This will imply a product liability claim against the manufacturer of the respective piece of equipment or industrial machine. If the accident has involved an auto collision, you may be in the right to sue the other traffic participants who have made themselves guilty of the respective collision.

b)      Injury as a result of employee or employer negligence

If a worker has been injured as a result of negligence, the circumstances may be different. You should know that the law generally limits legal claims against the employer or another employee of the organization. The worker is limited to remedies that are available under the workers compensation rule.   Certain professional categories however are subject to an exception to the rule: for instance firefighter or police officers can sue their employer for negligence, if that negligence has caused them important injury during the job.

Most common accident injuries occur on construction sites and a majority of the US states have already imposed a duty on general contractors to ensure that safety measures have been taken up on the jobsite. This is a non-delegable duty to comply with WISHA safety rules, to the general benefit of every employee, included independent contractors.

An accidents attorney will also tell you that in general, contractors can also have legal duties to ensure that safety practices are enforced on the job, even if a worker is employed by a subcontractor. So, if you have been injured on the job, while working for one of your employer’s subcontractors, and if you can prove that safety rules were violated, you are entitled to legal claims against your employer or the business that carries ultimate responsibility for the jobsite.

There are similar rules applying to injuries occurring on non-construction sites, but generally these will vary depending on the nature of the business.

In any case, your employer is under legal obligation to protect you and your working environment.

Here are a few steps to take, in case you have been injured at work:

1)      Record the incident within your employer’s accident ledger. If there were witnesses on site, you may also want to get a few pictures of the site.

2)      Get a medical certification of injury from a GP or visit a hospital. Workplace injuries have to be proven by a medical team, so you will need to act on it and provide the doctor with a full history of how you got your injuries

3)      Ask your employer for recovery support

4)      Inform the Health and Safety person in your organization of the accident, as most employees are generally asked to comply with strict rules relating to safety in the workplace

5)      Contact a local accidents attorney with a proven track record in winning such cases and obtaining workers compensation.

Immigration Lawyer’s Tips on Sponsoring a Family Member for Green Card

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There are many known ways by which an individual can become a permanent resident or a Green Card holder in the United States. Some of the most frequent are through the Green Card lottery, investment in the U.S., asylum or refugee status and family membership. Many people still consider the easiest way to get your Green Card is through the sponsorship of an US citizen family member. According to the USCIS (United States Citizenship and Immigration Services), this allows a citizen to sponsor a petition for an eligible family member so they can permanently move and work in the U.S.

If you are considering this, you should really seek help from a specialized immigration lawyer. Here are a few things to consider before applying:

1)    Who does it apply to?

Immediate relatives of the U.S. citizens qualify, such as parents (provided the citizen is 21 years old or older), spouses (wife or husband) and unmarried children (who aren’t 21 years old yet).

This applies to the immediate relative category, but there are also other ways. You can be sponsored under a family preference category and this includes:

–       Children who are not married and over 21 years of age

–       Siblings (above the age of 21)

–       Married children (there is no age limit applied here)

2)    Who is given special priority?

Generally, the USCIS permits a US citizen to sponsor immediate relatives in order to promote family values and unity. So, if you are an immediate relative of an U.S. citizen, you are given special priority and you won’t have to wait to get your visa.

3)    What are the first steps to take?

A Green Card holder or U.S. citizen will have to first file a petition, by filling in form I-130. If there are more relatives that person is trying to petition for, separate forms should be filled out for each individual. This petition will require the U.S. citizen to provide undeniable proof of status; a proof of birth or naturalization. A certificate of citizenship issued by USCIS will be required. Also, as a permanent resident, you will be asked for a copy of your Green Card. Additional steps will have to be taken in order to prove the relationship with the sponsored person, such as original and photocopied proof in the form of marriage or birth certificates and so on.

There are many other things you should consider when sponsoring someone to get a Green Card visa to the United States, as your immigration attorney will inform you. As a full-rights citizen, if you would like to sponsor one of your relatives who does not currently reside in the US, you will have to apply for Consular processing. If that relative already lives in the States, there will be an Adjustment of Status to apply for, and in some cases, Consular processing will also be required.

If you would like the process to be fast and efficient, it is not enough to look for online forms and apply. In most cases, a specialized immigration lawyer with a proven track record will be able to help you assess your particular situation, help you with the required paperwork and make sure everything will go smooth.

Obtaining Asylum in the United States: Essential Tips from An Immigration Attorney

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Obtaining Asylum in the United States: Essential Tips from An Immigration Attorney

If you fear persecution in your country of origin due to your nationality, religious or political beliefs, or race, you are entitled to seek asylum in the United States. Naturally, in order to ask for asylum you have to be physically present in the United States.

A distinction should be made between the affirmative asylum process and the defensive asylum process. In the former case, you affirmatively apply for asylum of your own accord. Bear in mind that you should apply for asylum within one year of your last arrival in the US. That is, unless you can provide convincing evidence of changed circumstances that affect your eligibility or extraordinary circumstances that justify your delay in filing the application.

The defensive asylum process refers to the situation in which you request asylum as a defense against removal from the U.S (Withholding of Removal).

Criteria for Eligibility

To qualify for asylum, you need to prove that:

  • You fear governmental persecution in your country of origin. Bear in mind that torture is legally recognized as a form of persecution, while discrimination or other behaviors are subject to litigation. However, the increasing effect of numerous types of maltreatment, including economic disadvantages and encroachments on your basic human rights (the right to work, the right to a private life, freedom of thought and opinion) can add up to persecution.
  • You have been harmed or fear wrongful treatment from local authorities. Consider that the army and police forces are governmental structures, so if you fear you may suffer harm at their hands, this also counts as persecution. The same goes for harm inflicted by political, paramilitary or religious groups that authorities are “unable or disinclined to control”.
  • You fit into one of the above mentioned categories. If belonging to a particular racial, religious, national or social group (the latter category refers to social categories considered more vulnerable to persecution, such as women, children or LGBT individuals) makes you a target for persecution in your country of origin, this will also weigh as a criterion when assessing your application for asylum.

Bars to Asylum Seekers

Even if you meet the criteria above, certain circumstances might bar you from seeking asylum in the States. You should not ask for asylum in the US if you

  • have aggravated felony convictions on your record;
  • have committed a serious nonpolitical crime outside the United States;
  • are a risk to the national security of the United States;
  • have ordered, assisted, or took part in the persecution of any individual arising from political opinion, race, nationality, religion or other discriminating factors.

How a Competent Immigration Attorney Can Help with Your Application

Seek consultation with a reliable immigration attorney before filing an application for asylum. He or she can tell you what criteria in your particular situation can weigh in your favor in the assessment of your application and help you put forth a strong application. However, be wary of lawyers who “promise” you a sure victory in your application or encourage you to gloss over some facts. Bear in mind that filing a fraudulent or frivolous asylum application before an Immigration Court can have you permanently deported from the United States, without any hope of discretionary relief.

Can I Immigrate Using a Marriage Visa? A Few Tips from an Immigration Lawyer

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Are you one half of a dual nationality couple, wondering about the best means to obtain a visa and join your partner in the United States?
Your two main options are the K1 or Fiancé Visa and the CR-1/ IR-1 Marriage Visa.

The K1 Fiancé Visa           

The K1 or Fiancé Visa is the travel document most frequently used to bring a foreign fiancé to the United States. Under this visa, the person has the legal right to remain in the United States for 90 days. Within this period the two must legally marry and the spouse must subsequently apply for an adjustment of status, which will allow him/her to remain legally in the USA.
The main advantage this type of visa offers over the Marriage Visa is a shorter processing time. The average waiting time from the day you file the application to the awarding of a visa is 6 to 7 months for a K1 visa and 8 to 9 months for a CR-1/ IR-1 visa.
The second advantage the K1 Fiancé Visa offers consists in lower fees for the initial application (even if additional fees will have to be paid when applying for an adjustment of status).

The CR-1/ IR-1 Marriage Visa 

Although taking slightly longer to process, the Marriage Visa awards the foreign spouse Permanent Residency (Green Card) upon arrival to the United States. It also has the advantage of a lower overall cost.
A distinction should be made between the CR-1 Visa, the type of visa awarded when the couple has been married for less than two years, and the IR-1 Visa, applicable for couples married longer than two years. The CR-1 Visa awards the holder Conditional Permanent Residency for two years, while the IR-1 Visa entitles the visa holder to Permanent Residency for a period of ten years.
To sum up, the US fiancé visa process is comparatively quicker than the immigrant marriage visa process. However, a foreign national entering the US on an immigrant marriage visa will have a safer status than one on the K-1 visa.
If you’re interested in getting more information about the K-1 and CR-1/ IR-1 visas, it is a good idea to consult a competent immigration lawyer. A specialized immigration lawyer can help you get a clear understanding of the process so you can make an informed decision. If you decide to enlist his help, an immigration lawyer will guide you through the process, help you with the paperwork and enhance your chances of obtaining the visa.
Whether you decide to apply for a K-1 or CR-1/ IR-1 visa, it is important to gather the proper documentation and have them translated, if need be, up front, as this will save you a lot of precious time. One thing is of the essence: Do NOT lie to the US Government. Do not apply for a tourist visa when bringing a fiancée to the US for marriage, as this is tantamount to immigration fraud.

Voluntary Departure Explained, Tips from an Immigration Lawyer

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If you are facing deportation (removal) from the United States, either prior to or during immigration court proceedings, your first course of action will be trying to obtain a cancellation of removal. If that fails, an alternate course of action is requesting voluntary departure – that is, leaving the country on your own, at your own expense, within a given time period. Unlike a removal order, voluntary departure does not bar you from legally returning at a later date.

The eligibility requirements for voluntary departure become stricter the longer you wait to request for it.

Eligibility Requirements During or Before Removal Hearing

You can request this status at the start of removal actions. Bear in mind that, by requesting voluntary departure at this point, you relinquish the right to apply for other forms of immigration release.

In case you haven’t already turned to an immigration lawyer, now would be a great time to do so. An experienced immigration lawyer can analyze your case and assess your chances of qualifying for either permanent or temporary right to stay in the US. Based on that, you can decide if you would like to go on with proceedings or appeal for voluntary departure.

In order to qualify for voluntary departure before the end of proceedings, you will have to provide convincing evidence that you intend to leave and have the financial ability to do so. The judge will also look at your criminal record to ensure you have no history of offenses or convictions and you are not a security risk.

If you have any criminal offenses on your record, consult with your immigration lawyer to establish whether such offenses can affect your voluntary departure request.

Eligibility Requirements at the End of a Removal Hearing

If you request voluntary departure at the end of proceedings, eligibility requirements will be stricter. You will have to produce character references and evidence that you

  • have had an uninterrupted stay of at least one year in the U.S.A. before being served the Notice to Appear
  • have not committed aggravated felonies or acts of terrorism
  • have not been refused voluntary departure on a prior occasion
  • have the financial resources to leave the U.S.A. at your own expense and commit to do so within the set period.

If these requirements are met, there is every chance your request will be granted. If that be the case, make sure you leave the country within the set term; otherwise, you might face serious consequences.

To sum up, if you cannot find an option that allows you to remain legally in the United States, requesting to depart voluntarily offers you a preferable alternative to a deportation order. However, given the high stakes, you should not seek voluntary departure without first consulting with a competent San Diego immigration attorney. Only after reviewing all available options should you agree to voluntarily depart.

How to Get the E2 Investor Visa with Help from an Immigration Lawyer

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Are you considering starting a business in the United States? Make sure to gather all of the necessary information before proceeding. Getting a much-coveted investor visa is by no means an easy task.

If you come from one of the treaty nations, you will need to apply for an E2 investor visa.

Here is what you should know about the E2 investor visa.

Who can qualify?

In order to qualify for such a visa, you need to make a substantial investment, which will contribute to the economy of the United States. Ways to do so include investing in an existing business, purchasing a business already operating, or starting a business in the U.S.A. that will create at least ten jobs.

A substantial investment generally means at least $300,000. On occasion, smaller amounts may be allowed if the investor is considered to make a worthwhile contribution to the U.S. economy.

Generally the funds in the individual’s personal account or business are not sufficient to qualify for an E2 Visa. Bear in mind, a promissory note cannot be considered for investment capital unless the investor demonstrates the note to be secured by his/her assets.

Whichever investment path you choose, you will have to work your way through a fair amount of paperwork, which may be quite daunting at times. Therefore, it may be a good idea to turn to an immigration lawyer for assistance.

Why consult an immigration lawyer?

An experienced immigration attorney can assess the strength of your application and help you through the process, indicating which steps you should take to qualify for the visa.   Furthermore, an immigration attorney can make your life easier, helping you sift through the paperwork and determine what you need to submit and what you don’t.

If you plan to start a new business, you should submit evidence of the investment fund transfer and a document that certifies your capital was obtained in a lawful manner.

Any responsible entrepreneur keen to increase the success rate of his application should consult an immigration lawyer before starting the paperwork.

An immigration attorney may also provide assistance in coaching you for the interview at the embassy, one of the many steps that need to be completed in the process of getting a visa. Generally, you can expect to wait 30 to 90 days before getting a response. Therefore, it is wiser to make travel arrangements after you got the visa instead of before you apply. Most of the time, the State Department processes the application within 30 days, but on occasion it may take longer.

Once approved, the E2 visa needs to be renewed every year. This type of visa does not require that you remain in the U.S., but allows you the option of returning to your home country anytime or traveling back and forth. This will come in handy if your family decides not to come with you to the United States. On the other hand, if your family (spouse and dependent children) wants to accompany you, they too can get E2 visas.

What are Bond Hearings and How Can an Immigration Attorney Serve Your Best Interests in Court?

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If you are dealing with legal problems and you are getting ready to be dragged to court by the prosecution, it is recommended to find out everything there is to know about the most important events occurring after your arrest. An immigration lawyer hired to help you handle various immigration issues in a rapid, hassle-free manner can also provide the expert guidance that you need in order to understand the mechanism of the legal system and predict a realistic outcome, in case you have been charged with a serious offence.

1)     What are bond hearings?

In this context, after you get arrested by a police officer, you have to prepare yourself for the bond hearing – an essential legal event during which a judge decides whether the defendant is granted bond or not, based on two main factors. First, the judge needs to decide whether the accused is considered a real threat to society or not; and previous arrests will always be taken into consideration in this phase. Second, the judge has to evaluate the “risk of flight.” A defendant considered an elevated “flight risk” (meaning that he will most likely leave the state or the country to avoid major legal consequences and jail time) will usually be denied bail. The amount of time spent in your community is an extremely relevant deciding factor that will be analyzed by the judge. A good immigration lawyer has the skills, the expertise and the knowledge to provide the best legal representation for you and support evidence indicating that

a) you should not be seen as a threat to society and
b) you are not tempted to run away, in an attempt to preserve your freedom and avoid prosecution.

2)     What happens if bond is denied in my case?

There are cases in which a judge denies bond during the first bond setting. However, if you are in this delicate position, you should know that you have two other opportunities to be granted bond. With help from a competent immigration attorney, you may solicit a Bond Modification during your Preliminary Hearing. Moreover, you also have the chance to file a motion for redetermination or reconsideration of bond in court, soliciting a redetermination/reconsideration hearing scheduled as soon as possible. An immigration lawyer should be able to bring and support new evidence, reflecting the fact that the defendant can be released from jail on bail. You should also know that bail is seldom granted to people charged with capital crimes and other heinous offences.

3)     Why is it important to count on a skilled immigration lawyer?

Defendants who are not U.S. citizens should rely on professional services ensured by a skilled immigration lawyer as soon as possible. Furthermore, poor legal representation can get the accused into a lot of trouble, potentially triggering his/her deportation process. This is one of the reasons why people with a criminal case opened against them should contact a competent, trustworthy immigration attorney in record time to avoid life-changing consequences.

 

 

 

The CIR Bill: Understanding the Main Elements that Could Change the Lives of Immigrants

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At the end of June 2013, the Senate gave the green light to The Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 (S.744), with 68 votes in favor. Despite the fact that the comprehensive immigration reform failed to gather 70 votes – an ambitious target set by the so-called Gang of 8, the senators who had elaborated the bill – it still benefitted from the support of a powerful majority. This change has been received with great enthusiasm by various categories of CIR advocates, including immigration lawyers, members of different religious groups, and immigrants. In fact, this bill is expected to reform the American immigration system, eliminate its major drawbacks, and restore the hope of approximately 11 million “shadows” (undocumented immigrants currently living on American territory). Some voices argue that the bill requires a long list of improvements in order to generate positive results in the long term; however, it clearly represents a huge step toward an improved immigration system and much more effective cross-party cooperation.

  • What changes could the CIR Bill bring?

The CIR Bill is expected to favor beneficial changes related to border security, immigrant visas, interior enforcement, and new visa programs for nonimmigrants.

  • Border security improvements

The main objective is to attain and preserve a higher level of control over the Mexico border, with a desirable apprehension rate of up to 90%. This change promoted by the CIR will demand significant investment required to back this project (fencing, appropriate technology, an increased number of patrol officers, infrastructure, and so on).

  • Immigrant visas

A significant number of immigrants currently living illegally in the US might be offered the chance to profit from a fresh, clean start. In order to become eligible for the RPI status (Registered Provisional Immigrant), candidates must meet certain conditions:

  • They must have zero felony convictions and less than 3 misdemeanors
  • They must prove the fact that they pay their taxes
  • They must have lived on American territory since 12/31/2011
  • They must pay penalty charges
  • They must be able to pass a routine background check

An RPI status could be renewed every 6 years. Moreover, a highly effective point system would be beneficial for immigrants with excellent skills, superior education, and/or excellent employment records, increasing their likelihood of obtaining one of the 250,000 visas that might become available for this category on an annual basis. If you need more information on this subject, call an immigration attorney and get the most accurate details.

  • Interior enforcement

All US-based employers would be required to rely on E-Verify (the new employment verification system introduced by the CIR Bill). The main objective is to discourage employers from hiring undocumented workers. Companies and individuals who were to disobey this important rule would expose themselves to increased penalties. If you are worried about the impact of this potential change on your welfare and economic situation, contact an immigration attorney and get the most accurate answers to your questions.

  • Non-immigrant visa programs

The number of visas allocated for foreign workers with superior skills (H-1B) could be considerably increased from 65,000 to any number below 180,000, based on different factors, like, for instance, the unemployment rate or workforce demand. Workers with inferior skills would still be allowed to apply for W Visas, which would basically allow them to live in the U.S. for a predetermined period of time and accept non-agricultural jobs. From 20,000 to 200,000 W Visas could become available on an annual basis, depending on the same two factors influencing the number of H-1B visas provided by the U.S. government every single year. At the same time, investors who want to open and develop a business on American territory might become eligible for an X Visa. The U.S. might have a cap of 10,000 investor visas for every single fiscal year.

It goes without saying that the CIR Bill could easily puzzle immigrants and make them worry about their fate. If you are currently in this situation, start getting the answers that you deserve today. Count on a skilled immigration lawyer to discuss all of the particularities of your case, and rest assured knowing that your future is in good hands.