Immigration

Immigration issues are often complex and can exist virtually anywhere: our workplaces, our schools, the businesses that we patronize, etc. There are many people in our community who either have immigration needs or know someone who does.  If not handled well, these issues could lead to devastating immigration consequences resulting in businesses disrupted, families separated and lives forever changed.

Finding effective and affordable legal counsel does not have to be a challenge.  We provide a broad range of immigration services, helping our clients with their individual and business immigration needs.

Our immigration services include:

Family-based

Family-based visa petitions for spouses & other relatives

  • U.S. citizens who are married to foreign national spouses may petition for them to become U.S. permanent residents.  They may also do so for their parents and unmarried children under the age of 21.  These family members, or immediate relatives, would not be subject to the annual visa quotas and would be eligible for permanent residence once they successfully go through the application process.
  • U.S. permanent residents may also petition for their spouses and children, although they would be subject to the annual visa quotas, as would other family members, such as siblings or children over the age of 21 (adult children).  Married adult children of U.S. citizens are eligible for visas although subject to the wait, while married adult children of U.S. permanent residents would not be eligible.
  • In most cases the U.S. citizen or permanent resident must prove that the necessary biological relationships exist in order to ensure that the petition is successful.  The foreign national would also need to show that there are no inadmissibility issues or be able to overcome any issues that might exist.
  • In a spousal petition the U.S. citizen or permanent resident and the foreign national spouse must also prove that their relationship is bona fide in nature.

Consular Processing

  • Visa applicants who are overseas or who have fallen out of status would generally need to apply for their visas with the U.S. embassies abroad.
  • Most employment-based visa processes will need to go through the United States Citizenship & Immigration Services (USCIS) for an approval before the visa applicant may apply directly with an U.S. embassy.
  • Embassies vary in terms of how they process visa applications, and it is important for an applicant to review any available information about the visa process specific to a particular embassy prior to applying and attending his/her visa interview.

Employment-based

Employment-based visa petitions (H-1B, L-1A & L-1B, TN, Labor Certification or PERM and O-1)

  • Generally, a foreign national will require an employer who is willing to sponsor a particular visa process in order to move forward.  This requires a job offer from the sponsoring company or organization, and the employer will remain actively involved throughout the visa process.
  • Choosing the most appropriate visa process depends largely on the unique circumstances in each case.  Additionally, the different visa processes can be lengthy and costly. It is important for both the employer and the prospective employee to be familiar with all of the available visa options before deciding on the most appropriate course of action to increase their chances for success.

Investor Visas

Investor visas (E-1 & E-2)

  • Citizens of countries with which the United States maintains treaties of commerce and navigation who are looking to engage in qualifying activities may be eligible for a treaty trader & investor visa.  Generally speaking, the eligible activities involve a substantial trade, including trade in services or technology, principally between the United States and the treaty country; or develop and direct the operations of an enterprise in which they have invested a substantial amount of capital.

Permanent Residence

  • Foreign nationals who are interested in immigrating to the United States and living in this country permanently will generally have to go through some type of visa process, the timing and ease of which depends on their individual circumstances and the type of process they may be eligible and interested to pursue.
  • Once a foreign national becomes a U.S. permanent resident, it is important to understand that there are circumstances which may jeopardize his or her status.  For example, long unexplained absences from the country or serious criminal issues may result in one losing his or her permanent residence status.
  • Potential relief may be available for someone who has been placed into removal proceedings and faces the imminent threat of losing their status as a permanent resident.  It is important to review all of the available options based on the facts of each case.

Naturalization

  • Becoming a U.S. citizen is one of the most important and special decisions a person makes after immigrating to this country.  Every naturalization application will be screened by the United States Citizenship & Immigration Services (USCIS).  At times there are potential issues that may cause complications in the naturalization process.  It is important for an applicant who has concerns about his or her eligibility for citizenship to find out as much information in advance as possible.

Waivers

  • At times individuals may encounter difficulties with their immigration processes or there are complications with their immigration status such that they have been found to be removable or inadmissible.  Depending on their individual circumstances such as the presence of close family members who are U.S. citizens or other significant ties to this country, waivers may be an option.  It is important to review all the available facts in each case before deciding whether to pursue a waiver application.