Immigration

U.S. immigration law is very complex, and there is much confusion as to how it works. The Immigration and Naturalization Act (INA), the body of law governing current immigration policy, provides for an annual worldwide limit of 675,000 permanent immigrants, with certain exceptions for close family members. Lawful permanent residency allows a foreign national to work and live lawfully and permanently in the United States. Lawful permanent residents (LPRs) are eligible to apply for nearly all jobs (i.e., jobs not legitimately restricted to U.S. citizens) and can remain in the country even if they are unemployed. Each year the United States also admits noncitizens on a temporary basis. Annually, Congress and the President determine a separate number for refugee admissions.

Immigration to the United States is based upon the following principles: the reunification of families, admitting immigrants with skills that are valuable to the U.S. economy, protecting refugees, and promoting diversity. This fact sheet provides basic information about how the U.S. legal immigration system is designed.

Examples of Immigration Matters We Handle Include:

Citizenship & Naturalization
Green Cards
Work Permits
Visitor Visas
Student Visas
Work Based Visas
Family Based Visas
Name Changes
Advance Parole
Humanitarian Parole
Application for Action
Asylum or Refugee
Change of Status
Permanent Residency
Diversity Visa Lottery
Extension of Stay To Extend Nonimmigrant Visa Status
Reentry Permit
PERM Labor Certification
Deferred Action for Childhood Arrivals (DACA)

Employment & Investment Visas

The United States provides various ways for immigrants with valuable skills to come to the country on either a permanent or a temporary basis.

EB-1 Visa

You may be eligible for an employment-based, first-preference visa if you have an extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager.

EB-2 Visa

You may be eligible for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability.

EB-3 Visas

You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker.

“Skilled workers” are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature

“Professionals” are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions

The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

EB-5 Visas

USCIS administers the EB-5 Program. Under this program, entrepreneurs (and their spouses and unmarried children under 21) are eligible to apply for a green card (permanent residence) if they: Make the necessary investment in a commercial enterprise in the United States; and Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.

This program is known as EB-5 for the name of the employment-based fifth preference visa that participants receive.

Congress created the EB-5 Program in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. In 1992, Congress created the Immigrant Investor Program, also known as the Regional Center Program. This sets aside EB-5 visas for participants who invest in commercial enterprises associated with regional centers approved by USCIS based on proposals for promoting economic growth.

Family Visas

Family unification is an important principle governing immigration policy. The family-based immigration category allows U.S. citizens and LPRs to bring certain family members to the United States. Family-based immigrants are admitted either as immediate relatives of U.S. citizens or through the family preference system.

Adjustment of Status through Marriage
Adjustment of Status through Parent/Child
I-130 with Provisional Waiver
K1-K3 Marriage Visas
Obtaining Green Cards Through Marriage
Parents of US Citizens
Provisional Unlawful Presence Waiver
Same Sex Marriage
Sibling Immigration

Deportation Defense

There are several categories of legal admission available to people who are fleeing persecution or are unable to return to their homeland due to life-threatening or extraordinary conditions.

Refugees are admitted to the United States based upon an inability to return to their home countries because of a “well-founded fear of persecution” due to their race, membership in a particular social group, political opinion, religion, or national origin. Refugees apply for admission from outside of the United States, generally from a “transition country” that is outside their home country. The admission of refugees turns on numerous factors, such as the degree of risk they face, membership in a group that is of special concern to the United States (designated yearly by the President of the United States and Congress), and whether or not they have family members in the United States.

Each year the President, in consultation with Congress, determines the numerical ceiling for refugee admissions. The total limit is broken down into limits for each region of the world as well. After September 11, 2001, the number of refugees admitted into the United States fell drastically, but annual admissions have steadily increased as more sophisticated means of conducting security checks have been put into place.

Acquiring Asylum in the United States
Cancellation of Removal
Deferred Action
Expiring I-551 Green Cards
Fraud Waiver Adjustments
Naturalization
Permanent Residency for Foreign Nationals
Visiting the U.S. from Another Country

Our in House Immigration Attorney can consult with you regarding your situation. Please call for an appointment to have a one on one consultation with our in house Immigration Attorney.