Immigration
The Law Office of Fabian Lima can help you find the appropriate visa for your needs whether you want to temporarily visit the US or live here permanently. |
Family-based immigration can be a relatively quick process, or take an absurd amount of time. For some cases, the wait can be as short as 4 months, as it is in the cases of US citizens filing for their spouse when the spouse is legally present in the US However, some cases can take very long to process – notably, cases where US citizens petition for their siblings, which can take upwards of 12 years. We have successfully processed all types of family-based applications for citizens with relatives from all over the world and will make the process as quick and painless as possible.
Many people ask why they need an attorney to file for their relatives; can't they just read the instructions and complete the forms that are available online? When you hire an experienced immigration attorney, you are not hiring someone to simply fill-out the forms and compile the applications. You are hiring someone who can spot potential complications and can provide solutions to the problems that many applicants are unaware of when they file. You are also hiring someone who has developed relationships with the many officers at USCIS who will be adjudicating your application, who knows the nuances of what each immigration office focuses on. Finally, you are hiring someone to be with you during the interview to ensure that the process is fair and, if unforeseen complications arise, you will have someone to guide and help you overcome those complications.
Most marriage-based applications are not granted or denied because of what takes place at the interview itself – it is crucial to go into the interview prepared in advance with what documentation to bring and what kinds of questions to expect. This is why we always suggest conducting a practice interview with the attorney impersonating a USCIS interviewer to make sure the applicants are thoroughly prepared for the big day.
You may be eligible to become a permanent resident based on an offer of permanent employment in the United States. Most categories require an employer to get a labor certification and then file Form I-140, Immigrant Petition for Alien Worker, for you. The employer has to first explore whether there are qualified US workers interested in the position. Once it is established that one is not available after recruitment and advertising, the employer may file an application to start the permanent residency application.
Green Card through Self Petition: Some immigrant categories allow you to file for yourself (“self-petition”). This option is available for either “Aliens of Extraordinary Ability” or certain individuals granted a National Interest Waiver. These require truly exceptional applicants, but we can assist you in determining whether this is a realistic option.
Green Card through Investment: Green cards may be available to investors/entrepreneurs who are making a substantial investment in an enterprise that creates new U.S. jobs. This is a highly complex area of immigration law that we would be happy to discuss in detail to see if it is right for you.
One of the most gratifying aspects of immigration law is assisting individuals who are fleeing persecution in their home country, but it is also one of the most difficult areas as the US government requires considerable proof of eligibility for asylum.
It is critically important to file a timely application which normally means within one year of your undocumented arrival, or within one year of the expiration of your lawful non-immigrant status. A year is not a long time when you are just arriving in a new country after having had to flee an untenable situation, but we are able to expedite filings if necessary to ensure a timely filing to maximize your likelihood of success.
A successful asylum application must establish that you have a credible fear of future persecution on account of being a member of a protected group. This group membership can be based on Race, Religion, National Origin, Political Opinion, or the more vague Particular Social Group. A social group can be established in many diverse categories. For instance, a woman who flees her country to escape a forced marriage may be eligible for asylum.
After having filed an asylum application, an applicant must wait 150 days before filing for a work authorization document that will allow the applicant to obtain a Social Security Card and State Driver's License or ID. Eventually an interview will be needed at the Asylum Office for a determination to be made on the application. If it is approved, asylum is granted and within 1 year an application may be filed for permanent residency and applications may be filed to bring over certain family members. If it is not approved at the first level, the case will be referred to immigration court for an opportunity to convince the immigration judge that the Asylum Office made a mistake. We are experienced in handling every step of this process and look forward to discussing your particular case.
After having invested several years and thousands of dollars in obtaining permanent residency, is it finally time to apply for US Citizenship through the process of Naturalization?
If you obtained your permanent residency through marriage to a US Citizen, the answer may be "yes" if you have been a permanent resident for over 2 years and 9 months and remain living with the US Citizen spouse who petitioned for your permanent residency. If you obtained permanent residency another way, the answer may be "yes" if you have been a permanent resident for over 4 years and 9 months.
There are several other important criteria to evaluate such as whether there have been any extended trips that would interrupt the residency in the US requirement or whether a potential applicant has had any problems with the criminal justice system. At the Law Office of Fabian Lima, you will receive expert counsel on your eligibility to file and comprehensive assistance with the application and examination process to make sure that your American dream does not get derailed at this last step of the immigration process.
We have dealt with too many cases of long-time permanent residents getting placed into deportation proceedings on account of relatively minor criminal convictions. Many put-off applying due to financial reasons or thinking that they had to give up their original passport. The US does not require that you abandon your first country's citizenship although there is a popular misconception that this is required. The cost of filing for citizenship is minor in comparison to the costs of defending a deportation case and is much less stressful. Others may put-off applying thinking that they will lose their home country's citizenship. The US does not force you to abandon your original citizenship and most countries in the world do allow for it, so you will end up with dual-nationality and have the best of both worlds.
Labor Condition Application
The first step to hiring most H-1B workers from outside the U.S. is for the employer to file a labor condition application (LCA) with the Department of Labor. The employer is required to file the LCA approval notice with the I-129 petition.Some Terms and Conditions of the H-1B Classification:
Work authorization for H-1B foreign specialty workers is employer-specific, i.e. limited to employment with the approved employer/petitioner.
A change of employer requires a new H-1B petition; new employment (any employment other than the originally approved employment) cannot begin until a petition for change of employment has been filed with USCIS.
Multiple employers require multiple H-1B petitions.
The employer is responsible for return transportation costs for employee terminated prior to the end of the approved period of employment.
H-1B foreign specialty workers are not required to maintain foreign residence and may seek permanent residence in the U.S.
Dependents
Dependents (spouses and unmarried children under 21 years of age) of H-1B workers are entitled to H-4 status with the same restrictions as the principal. Dependents may not be employed under the H-4 classification, (ADD) although a proposed change to this restriction is currently being considered. See:
H-1B1 Specialty Occupations
The H-1B1 category applies to an alien coming temporarily to perform services in a specialty occupation which requires the theoretical and practical application of highly specialized knowledge requiring completion of a specific course of higher education.Document Requirements for H-1B Classification Petition
The petition (Form I-129) should be filed by the U.S. employer with:A certified labor condition application from the Department of Labor;
Copies of evidence that the proposed employment qualifies as a specialty occupation;
Evidence the alien has the required degree by submitting either:
A copy of the person's U.S. baccalaureate or higher degree which is required by the specialty occupation;
A copy of a foreign degree determined to be equivalent to the U.S. degree; or
Copies of evidence of education and experience which is equivalent to the required U.S. degree;
A copy of any required license or other official permission to practice the occupation in the state of intended employment; and
A copy of any written contract between the employer and the alien or a summary of the terms of the oral agreement under which the alien will be employed.
H-1B2 Research and Development Project
The H-1B2 category applies to an alien coming temporarily to perform services of an exceptional nature relating to a cooperative research and development project administered by the Department of Defense.Petition Document Requirements
The petition (Form I-129) must be filed by the U.S. employer and must be filed with:
A description of the proposed employment and evidence the services and project meet the above conditions; and
A statement listing the names of all aliens who are not permanent residents who have been employed on the project within the past year, along with their dates of employment.
Note: this category does not require an LCA.
H-1B3 Fashion Model
The H-1B3 category applies to a fashion model who is nationally or internationally recognized for achievements, to be employed in a position requiring someone of distinguished merit and ability.Petition Document Requirements
The petition (Form I-129) should be filed by the U.S. employer with:A certified labor condition application from the Department of Labor;
- Copies of evidence establishing that the alien is nationally or internationally recognized in the field of fashion modeling. The evidence must include at least two of the following types of documentation which show that the person:
Has achieved national or international recognition in his or her field as evidenced by major newspaper, trade journals, magazines or other published material;
Has performed and will perform services as fashion model for employers with a distinguished reputation;
Has received recognition for significant achievements from organizations, critics, fashion houses, modeling agencies or other recognized experts in the field; and
Commands a high salary or other substantial remuneration for services, as shown by contracts or other reliable evidence.
Copies of evidence establishing that the services to be performed require a fashion model of distinguished merit and ability and either:
Involve an event or production which has a distinguished reputation; or
The services are as participant for an organization or establishment that has a distinguished reputation or record of employing persons of distinguished merit and ability.
TEMPORARY VISAS
CATEGORIES OF TEMPORARY VISAS
Athletes and
Entertainers ("P")