My Goals Are For Myself or My Family

Overview of Topics

We assist individuals and families in a myriad of immigration processes. Whether you wish to apply for lawful permanent residence based on marriage to a U.S. citizen, need help obtaining a visitor or student visa, or have questions about employment or investment visas, our team is ready to guide you through the process.

We take the time to understand your specific needs and recommend the most suitable options. We focus on clear communication and compassionate advocacy to empower our clients and their families to achieve their goals.

Visiting Temporarily/Visitors for Pleasure

Foreign nationals can come to the U.S. on vacation or to visit family for up to six months, so long as they have a round-trip ticket and can convince the U.S. consul in their home country that if they are allowed to come to the U.S. they will leave at the end of their permitted visit, and will not violate their status by working in the U.S.

Some individuals, such as Canadians are “exempt” from having a physical visa stamped in their passport, while others from more highly developed countries are “visa waived” meaning that they don’t have to get a visa so long as they agree to stay no longer than 90 days, and accept the fact they cannot change their status while in the U.S. Click here to see list of Visa Waiver Countries. The bar to changes in status does not apply to the beneficiary of an immediate relative petition but only if they can demonstrate they did not enter with the preconceived intent to remain beyond the 90-day period.

For those who must obtain a physical visa (those not exempt or waived) it can often be difficult to demonstrate sufficient ties to their home country for the U.S. consul to approve the visa request. Those from lesser developed countries may face significant obstacles unless they are married, own homes, or have traveled outside their country before. While some might consider misrepresenting their marital status in order to secure a visitor visa, there are significant penalties for doing so, as misrepresentation on a government form can be bar to obtaining a green card.

Studying in the U.S.

To obtain an F-1 visa for study in the U.S., a foreign national must first obtain admission to a U.S. college or University. An F-1 visa can also be obtained for primary and secondary education at private institutions. That institution must provide the student with an Form I-20 confirming admission and, most importantly, confirmation of the student’s (or his/her family’s) ability to pay the tuition and cost of living while being a student in the U.S. Visa are typically processed through the U.S. consul in the home country, and require the student demonstrate non-immigrant intent, meaning they have to convince the consul that they plan to return to their home country at the conclusion of their studies. In rare instances an individual may change their status to F-1 status here in the U.S. without first obtaining a visa, but this is the exception, not the rule, and many schools require the individual to leave the U.S. and apply for the visa in their home country.

F-1 students must engage in a full-time program of study. Failure to maintain a sufficient course load can result in a violation and potential loss of status. Students who have completed a degree program are typically eligible to receive a year of practical training upon completion of the degree program, though there are limitations where a student obtained pre completiton practical training. Students receiving degrees in STEM fields may obtain an additional two years of work authorization.

During the period of practical training a student typically seek sponsorship for an H-1B visa through their employer. Those employers who are cap subject, which includes most for profit enterprises, are typically subject to the annual limitation on available H-1B visas. These visas are allocated via an annual lottery which takes place in the first quarter of each calendar year. If selected, visa status becomes available October 1st, the beginning of the government’s fiscal year. Students who possess work authorization that expires between the time of their petition and October 1st, may be eligible for “cap gap” protections.

Work Visas

Very similar to the H-1B visa program described below, the E-3 provides greater access to temporary work visas for individuals from both Australia and Singapore,

  • 85,000 new visas are available each year for individuals who possess the U.S. equivalent of a four-year bachelor’s degree in a specialty occupation, defined as a degree focused on a particular career or occupation, such as accounting, engineering, computer science, biotechnology, etc.
  • 65,000 of these are generally available, with 20,000 additionally available to individuals with U.S. graduate degrees (called the Masters’ Cap)
  • Cap exempt employers, such as colleges, universities and other not for profit organizations affiliated with such organizations, are typically exempt from these annual limits.
  • These visas are allocated through a lottery which takes place in the first quarter of each calendar year for visas which become available on October 1st, the beginning of the government’s fiscal year.
  • Once a visa has been obtained, an individual is typically authorized to work for up to three years, can renew their status for up to six years, can transfer their employment between employers, and if pursuing permanent residency can often obtain extensions beyond the six-year limitation.
  • Click here to see FAQs about the H-1B Process.

Twice a year the U.S. provides a pool of visas for lesser skilled workers needed to support both our agricultural and tourism industries.

Companies with offices abroad can transfer workers to the U.S. to receive specialized training under certain circumstances.

A number of programs allow individuals to come to the U.S. for medical training, academic fellowships, vocational study, or to be employed as nannies. These individuals are typically limited to an 18-month duration, and many are subject to a foreign residence requirement that requires them to return to their home country for a minimum of two years before returning to the U.S.

Individuals engaged to marry a U.S. citizen may be admitted to the U.S. for the purpose of getting married here. While this is a temporary visa, it is processed much like a permanent resident visa. Upon entry to the U.S. the fiancé/fiancée is entitled to work authorization, but the couple must marry within 90 days of arrival and cannot later adjust based on a marriage to anyone other than the petitioning U.S. citizen.

This visa allows companies with operations both inside and outside the U.S. to transfer key talent, particularly managers and executives.

Similar to the L-1A visa, this category allows non-managers who possess specialized knowledge of a company’s operations, products or processes, to come to the U.S. to work for an affiliated company. Click here for FAQs on L-1 Process.

O-1 visas are available to individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics, or who have a demonstrated record of recognition and extraordinary achievement in the motion picture or television industry.

Investment Visas

Many countries have treaties with the U.S. which allow their citizens to come to the U.S. to engage in trade between countries. Click here to see List of Treaty Countries. The trade must be significant with at least 50% or more of the trade taking place between the U.S. and the treaty country. Executives, managers and other essential workers may also come so long as their employer has registered with the U.S. Consulate and the employee shares the same nationality as their employer.

Many countries have treaties with the U.S. which allow their citizens to come to the S. to engage in investment. Click here to see List of Treaty Countries. This investment cannot be marginal and must potentially generate employment for individuals beyond the investor and his/ her immediate family. Executives, managers and other essential workers may also be transferred so long as their employer has registered with the Treaty Officer at the U.S. Consulate in their home country, and the employee shares the same nationality as their employer.

Obtaining Work Authorization

General work authorization is available to a variety of individuals. Some have automatic work authority incident to their status, such as H1, L1, L2 Spouse, E-1, E-2, Asylee, etc., and do not require the individual to obtain an Employment Authorization Document (EAD). Others must apply for and obtain such a document to work. Such individuals include some F-1 foreign students working under OPT, H4 EAD  for those whose spouses have approved I-140s and who are awaiting a priority date, and Pending Applicants for Adjustment of Status.  Others may fall into special categories that provide for employment authorization, such as DACA (the Deferred Action for Child Arrivals), TPS (Temporary Protected Status), and other similar programs. Given the complexity of the rules relating to work authorization and how to maintain that authority, it is always best to consult an immigration attorney before commencing or stopping employment.

Marriage Based Sponsorship

Marriage to a U.S. citizen is probably the most common way foreign nationals present in the U.S. obtain resident/Green Card status here in the U.S. It is also the most abused visa category so the USCIS views every marriage skeptically. Extensive documentation of a marital relationship is required to be submitted at the time of the interview. Click here to see FAQ’s on Marital Bonafides.

Individuals who have been married for less than two years at the time of green card approval receive a two year conditional card. Those married more than two years at the time of approval get a 10-year permanent card. Same-sex marriage is legal in the United States, and our office has filed numerous petitions on behalf of GLBTQ individuals. Unlike the spouses of lawful permanent residents (a/k/a green card holders), there are no limitations on how many green cards can be distributed in any given year to the spouses of U.S. citizens.

young couple

Those who were admitted based on marriage to a U.S. citizen on a conditional basis must file a petition to remove the conditions within the 90-day period prior to the expiration of their conditional status. Again, extensive documentation must be supplied, including jointly filed tax returns, if the couple remain together. If the couple is no longer together and has divorced, it is possible to obtain a waiver of the “joint filing” requirement. However, the conditional resident must demonstrate that he or she entered into the marriage for the right reasons, but it did not ultimately work out. There are other forms of waivers based on hardship, and the Violence Against Women’s Act (which extends to both men and women) provides individuals in abusive relationships with a way to obtain a green card even if their spouse refuses to support them in that endeavor.

Individuals who are not married to a U.S. citizen, but are married to a lawful permanent resident, may also be sponsored for a green card, but are subject to certain numerical limitations which don’t apply to spouses of U.S. citizens. As such, they sometimes have waiting lists and may not be eligible to adjust their status here in the United States unless they are maintaining valid non-immigrant status or otherwise qualify under special exceptions to the adjustment of status rules.

Sponsoring a Parent, Child or Sibling

Family based immigration falls into two basic categories:

  • Those not subject to limitations on the number of green cards available each year (those who qualify as immediate relatives of a U.S. citizen); and
  • Those subject to annual limitations and for whom waiting lists exist.

The first category includes parents of U.S citizens, children of U.S. citizens up to the age of 21, and the spouses of U.S. citizens.

The second category includes those who can sponsor their relatives, but who fall into what are called Family Preference Categories, each of which has its own line and waiting list. These include:

  • F-1 Unmarried Adult Children of U.S. Citizens
  • F-2A Spouse and Minor Children of Lawful Permanent Residents
  • F-2B Unmarried Adult Children of Lawful Permanent Residents
  • F-3 Married Adult Children of U.S. citizens
  • F-4 Brothers and Sisters of U.S. Citizens

While a U.S. citizen or Permanent Resident can petition for the above relatives, their ability to obtain a green card can be delayed by years and in the case of sibling petitions, even decades. Click here to see FAQs on Documenting Family Relationships.

Diversity Visa Lottery

The Diversity Immigrant Visa Program (DV Program) makes up to 50,000 immigrant visas available annually, drawn by random selection from all entries of individuals from countries with low rates of immigration to the U.S. The program is administered by the U.S. State Department which holds an annual registration for this program. Registration typically takes place in October of each year with the visas available for issuance through the end of the government fiscal year (September 30th.) More individuals are selected than the number of visas allowed, so each individual is given a number designating their order of selection. Each month the State Department establishes a cutoff number for who may apply during that particular month. Those with higher numbers (which are assigned to a region of the world) may ultimately not achieve their goal of getting a green card. Click here for most recent listing of DV countries eligible for registration.

Consular Processing

There are two places where foreign nationals can be processed for their green cards. One is here in the United States; the other is at the U.S. Consulate in their home country. Individuals who are legally present in the U.S. and otherwise eligible to adjust their status here will typically file an I-485 Application for Adjustment of Status and be processed by USCIS here in the U.S.

Those living abroad or not otherwise eligible for adjustment will typically be processed abroad at the U.S. consul in their home country. This process is known as Consular Processing. While the actual interview takes place outside the U.S., most of the paperwork leading up to that interview is processed by the National Visa Center located in Portsmouth, New Hampshire. This involves payment of visa fees, and gathering a number of documents in advance of the interview. Ultimately, the interview cannot take place until there is a visa available. Click here to go to Visa Bulletin.

Upon approval by the U.S. Consul abroad, the individual is issued an Immigrant Visa, and must then travel to the U.S. within six months. Upon arrival, the individual is processed and admitted as a lawful permanent resident, a temporary Green Card stamp is placed in their passport and a final fee is collected. The individual receives their green card in the mail several weeks later.

Adjustment to Green Card Status

Individuals who qualify as an immediate relative of a U.S. citizen, and who last entered the U.S. in a lawful status, are eligible for adjustment status and in many instances file their Family Petition and their Adjustment Application concurrently.

Those Individuals with approved Employer Petitions (Form I-140) or approved Family Petitions (Form I-130) whose priority date or place in line has been reached, can also file Form I-485, Application for Adjustment of Status, as long as they are in valid non-immigrant status, or otherwise qualify for adjustment under one of the special provisions, such as Section 245(i) or 245(k).

With the adjustment of status application, we typically file requests for work authorization and travel authorization. While there has historically been no filing fee for these parallel applications, USCIS recently announced that effective April 1, 2024 a fee would apply to each application. This announcement was part of a recent fee hike that will significantly impact the cost to file for adjustment and other benefits. It should be noted that USCIS is a fee-based service agency with 97% of its funding coming from filing fees. Click here to see FAQs on Adjustment of Status.

Green Card Through Investment

The EB-5 program, also known as the Employment Creation Visa Program essentially gives green cards to individual who invest a sufficiently large amount in a business venture that creates at least 10 new jobs for U.S. workers.

Investments can be directly and actively invested, such as by purchasing a McDonald’s franchise, or by pooling funds with others through a regional center. The threshold investment, typically $1.8 million, is reduced to $900,000 in Targeted Employment Areas (TEAs) where the unemployment rate is higher than the national average. While this program is fraught with risk, has extraordinarily high costs and fees, and is also subject to periodic class action suits relating to government rule making, we have successfully processed EB-5 visas in the past. However, we view this as a path of last resort when no other options exist.