Immigration

Our Office has successfully assisted clients in obtaining Immigrant and Nonimmigrant Visas, removal of conditional residency status, and obtaining citizenship through naturalization.  Additionally, our Office counseled clients about their “deportable” and “inadmissible” status and available defenses.

Coming to the United States for a Visit

Business and/or Pleasure

B-1 and B-2 Visas

Named “B” after a particular provision of law – 8 U.S.C. § 1101(a)(15)(B) – this visa is sought by people who would like to come to the United States for business or pleasure, or both (B1/B2).  B-1 is issued to temporary visitors for business.  B-2 is issued to temporary visitors for pleasure.  Business can mean conventions, conferences, consultations, but not local employment or labor for hire (e.g. H type visas).  Pleasure means recreational activities, which include tourism, amusement, visits with friends or relatives, rest, medical treatment, and other social activities.

NAFTA Professional

Business persons such as business visitors, traders, investors, intracompany transferees, and certain other professional may be eligible to enter the United States under NAFTA’s immigration provisions

Students and Scholars

F-1 and F-2 Visas

Academic Students.  Named “F” after subdivision under 8 U.S.C. § 1101(a)(15)(F), these visas are for student visitors or their spouses or children.  F-1 is for students themselves, while F-2 is for a spouse or child of that student.

M-1 and M-2 Visas

Nonacademic Students.  Available for vocational students or other non-academic students and their spouses / children.

J-1 an J-2 Visas

Exchange Students.  These visas are available to “student, scholar, trainee, teacher, professor, research assistant, specialist, or leader in a field of specialized knowledge or skill, or other person of similar description, who [are] coming temporarily to the United States as a participant in a [designated] program.”  J-2 is available to spouse or child of J-1 holder.  One of such better known designated programs is Work and Travel USA.

Employment & Work

H Type Visas

Called “H” because of 8 U.S.C. § 1101(a)(15)(H) subdivision, these visas are for visitors who come to the United States to work.  H-1B is available for aliens in specialty occupations.  H-1C is available for nurses in health professional shortage areas.  H-2A visas are for temporary workers performing “unavailable” agricultural services in the United States.  H-2B visas are for temporary non-agricultural services that are “unavailable” in the United States.  H-3 visas are for trainees.  H-4 visas are for spouses or children of H-1A/B, H-2A/B, or H-3 visa holders.

L Type Visas

Available for employees of multi-national companies and their spouses or children.  These type of visa may be issued for intracompany transferees that hold high or specialized positions.

O Type Visas

These visas are available for persons with extraordinary ability in sciences, arts, education, business or athletics (O-1) and other persons (O-2) or family members (O-3) accompanying them.

P Type Visas

P-1 is available for internationally recognized athletes or members of internationally recognized entertainment group.  P-2 and P-3 are for artists and entertainers that participate in certain programs.  P-4 is available for their spouses and children.

News & Media

I Visas

This visa type is available to foreign reporters and their spouses and children.

Family

K Type Visas

These visas are available for family members of the people already living in the United States.  K-1 is available for fiancé(e) of the United States citizen.  K-2 is for the child of fiancé(e) of the United States citizen.  K-3 is for the spouse of the United States citizen.  K-4 is for the child of K-3 holder.

V Type Visas

V-1 is available for spouses of “green card” holders, V-2/V-3 for their children.

Religion

R Type Visas

R-1 visa is available for members of clergy or other religious occupation.  R-2 is available for their spouses.

Coming to the United States to Live

Immigrant Visas

Family- and Employment-based immigration, as well as, special / ad hoc legislative enactments.  List of available categories is listed here 22 C.F.R. § 42.11.

Asylum / Refugee

May be available to people facing persecution in their home countries for reasons of race, religion, nationality, membership of a particular social group or political opinion.

Continue Staying / Living in the United States

Extension of Stay

Available to people who came to the United States under following visa types: E-1, E-2, H-1B, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-2, P-3, Q, R-1, TN (NAFTA professional).  To qualify for extension, the employer must petition for an extension of stay.

Students or exchange visitors with F or J visas may also extend their stay in the United States if their education have been extended.

Adjustment of Status

Available, under 8 U.S.C. § 1255, to persons that are already in the United States and have qualifying relatives or employment mentioned in the “Immigrant Visas” section above.

T Visas

T-1 visa is for a victim of a sever form of trafficking in persons.  Trafficking can take form of either sexual or labor exploitation.  T-2 is available for victim’s spouse, T-3 for victim’s child, and T-4 for victim’s parent.

U Visas

U type visas are available to victims of criminal activity and their family members.

Asylum

If you are afraid to return to your home country due to fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, you may qualify for asylum in the United States.

Withholding of Removal

If you are facing deportation to your home country where you may be persecuted, then “withholding of removal” may be a suitable legal remedy.

Article 3 of the Torture Convention

The deportation to country where one would be subjected to torture or inhuman or degrading treatment or punishment is prohibited.  The United States is a signatory to the Torture Convention and therefore this legal remedy may be available in certain cases.

Useful Links

Executive Office for Immigration Review (EOIR).  Includes Board of Immigration Appeals (BIA) decisions, manuals, and guides and other useful links.

Administrative Appeals Office (AAO).  Reviews decisions made by USCIS adjudications officers concerning petitions and applications for immigration benefits.  These include bond breaches, employment-based immigrant petitions, revocation of nonimmigrant petitions and other immigration related benefits.