| Nonimmigrant Visas
Work
Authorization
Travel
Documents (Refugee/Advance Parole)
Extension of Status
Change
of Status
Consultation
Via
telephone or In Person
Consultations are
subject to a fee payable by Personal/Company check or Money
Order. There will be a $250.00 one-time Consultation fee
after the first visit. Should the attorney represent the
Client, the consultation fee will be credited to the legal services
fee, if the Attorney is retained within 30 calendar days.
Consultation may
be provided in person or via telephone. The Law Office
may provide consultation anywhere in the U.S. or abroad as there
is no individual state immigration law
The cases are retained on a flat-fee basis. There
are no hidden cost! The USCIS (formerly INS) has outlined
the filing fees for all applications. Clients clearly
understand the costs associated with legal assistance requested.
In some cases ,there will be an hourly charge, clients will
be notified if there legal matter will require an hourly rate
prior to work being done.
A partial payment is due upon signing the Legal Representation
Retainer Agreement before work begins. The balance is
due at each stage of your case. All clients will receive
an invoice two-weeks before payment is due. A payment
plan is an alternative service the office provides for individuals/company
clients, who need monthly installment payments through the duration
of their case.
Potential Clients
will be asked to complete a Confidential General Questionnaire
for accurate assessment of their case, so that the attorney
may consider all legal options.
Nonimmigrant
Visas
The
Nonimmigrant visa provides you with the right to stay in the
U.S. temporarily. A nonimmigrant visa provides limited
rights. Some Nonimmigrant visas allow work authorization
for a temporary period, e.g. H-1B for professional or B-1 business
professionals working for their company’s business concern
and not any other company while in the U.S. While other visas
do not allow work authorization e.g. F-1 or M-1 student visas
or B-2 tourist visas.
B-1
– Temporary business visitor.
B-2
– Temporary tourist visitor.
E-1
– Treaty traders and the their spouses or children.
E-2
– Treaty investors and their
spouses or children.
F-1
– Academic or language students.
F-2
– Spouses or children of F-1 visa holders.
H-1B
– Aliens working in specialty occupations requiring a
Bachelor’s degree or higher or its equivalent in the on
the job experience.
H-2A
- Temporary agricultural workers coming to
the U.S. to fill temporary positions where there is a shortage
of American workers recognized by the U.S. Department of Agriculture.
H-2B
– Non agricultural workers. Temporary
work of various kinds coming to the U.S. to perform temporary
jobs, which there is a shortage of qualified American workers.
H-3
– Temporary Trainees.
H-4
– Spouses/children of H visa holders.
I
–Foreign press representative coming to U.S. to work solely
in that capacity (and their immediate relatives).
J-1/J-2
– Exchange visitors entering the U.S. for study, work
or training as part of Exchange program officially recognized
by the U.S. Information Agency (and their immediate family).
M-1/M-2
– Vocational or other nonacademic
students (and their immediate family).
K-1
– Fiance(e)s of U.S. citizens coming to U.S. for purpose
of marriage.
K-2
– Children of K-1 holders.
K-3
– Spouses of U.S. citizens awaiting approval of their
immigrant visa petition or “green card” permanent
residence card.
K-4
– Children of K-3 visa holders.
O-1
– Extraordinary ability in the sciences, education, business,
art or athletics.
O-2
- O-1 visa holders support staff.
O-3
– Spouses of O-1/O-2 visa holders
P-1
– Internationally recognized athletes/entertainers.
P-2
– Artist/entertainers in reciprocal exchange programs.
P-3
– Artists/entertainers entering the U.S. to provide culturally
unique performances in a group.
P-4
– Spouse/children of P-1, P-2, P-3 visa holders.
Q-1/Q-2
– Participants in international cultural exchange programs
(and immediate family).
R-1
–Religious occupations (spouse/children).
T-
Women/children in the U.S. who are victims of trafficking and
are cooperating with law enforcement and fear extreme hardship
if returned to home country.
V
– Spouse/children of “green
card holders” Lawful permanent residents awaiting three
(3) years or more for “green card” and applied for
permanent residency on or before December 21, 2000.
Immigrant Visas/Permanent Resident
The
immigrant visa provides you with the right to enter the U.S.
and claim permanent residence. Permanent residency provides
you with the right to live and work in the US. To qualify
for immigrant status most common ways are related to U.S. citizen
or immigrant, employer sponsorship/petition where you will be
granted an immigrant visa by U.S. CIS (formerly INS) or by an
American Consulate abroad. Obtaining a visa is just the
first step in obtaining a Green Card (Permanent Residence Card).
Family Based Immigration
U.S.
Citizens may petition (sponsor) for spouse, children, parents
and siblings. Permanent Residents (LPR/green card holders)
may petition for spouses and children. While there is
a wait for visa number eligibility for LPRs petitioning for
family members, immediate relatives of U.S. citizens, there
is no quota, and visas are immediately available. The
preference categories below are subject to the annual visa number
eligibility:
-
First
Preference – Unmarried sons/daughters
(over 21 years old) of U.S. citizens.
-
Second Preference
(2A)
– Spouses and unmarried children (under 21 years old)
of LPRs; (2B)
(2B)
- Unmarried sons/daughters
(over 21 years old) of LPRs.
-
Third
Preference – Married sons/daughters
of U.S. citizens.
-
Fourth
Preference – Brothers/sisters
of U.S. citizens.
Employment Based Immigration
EB-1 – First Preference
-
Extraordinary ability
-
Outstanding Researchers
& Professors
-
Multinational Executives
and Managers
*No
Labor Certification required. May petition for permanent
residency “green card”.
EB-2
– Second Preference
-
Professionals holding
Advance Degrees or possess Exceptional Ability.
*Note: Most of the
time there must be a job offer and the employer must complete
the labor certification. Labor Certification consist of testing
the U.S. job market and proving that there is not a qualified
LPR or US worker ready, willing and able to work in the respected
field. Labor Certification may not be required if a National
Interest Waiver is applicable.
EB-3
– Third Preference
-
Skilled and Other
workers
*
must have job offer and approved Labor
Certification.
EB-4
– Fourth Preference – Special Immigrant
*Religious
workers, VAWA applicants (spouse/children of domestic violence).
Work
Authorization
Travel
Documents (Refugee/Advance Parole)
Pending
a decision for the Adjustment of Status to that of a Lawful
Permanent Resident (LPR), applicants may seek Advance Parole
which will allow them to reenter the U.S. should they have to
depart, while preserving the right to adjudicate their adjustment
of status process.
Refugees
of the U.S. who do not have a valid passport and desire to reenter
the U.S. will receive a U.S. travel document, which will allow
re-entry into the U.S. and entry into other countries (a visa
may be required in addition to the Travel Permit for some countries).
AAU Appeals
Appeals
for denial of Adjustment of Status applications
In Absentia Appeals
Appeals
to EOIR- Immigration Court for in absentia decisions.
Where clients are ordered deported/removed for failure to appear
in court pursuant to a Notice to Appear/Order to Show Cause
(NTA/OSC).
Motions to Reopen and Reconsider
Motions
to reopen and reconsider decisions by the EOIR-Immigration Court
or the Administrative Appeals Unit (AAU).
Extension
of Status
Consular Processing
Adjustment
of Status and 245(i) Relief
Those
who entered the U.S. unlawfully (Entry without Inspection -EWI)
or overstayed their visa and filed an approvable when filed
family or employment based permanent residence petition or Labor
Certification, before April 30, 2001, may adjust status to lawful
permanent residence in the United States, rather than at the
Consulate abroad. (Unless an alien who overstayed visa,
married a U.S. citizen).
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