Services

We assist our clients with the following services:

Family-Based Petitions

Temporary Visas/Non-Immigrant Petitions

Employment-Based Immigration Petitions

Deportation/Immigration court Defense

Family-Based Petitions

Temporary Visas/Non-Immigrant Petitions

Employment-Based Immigration Petitions

Deportation/Immigration court Defense

FAMILY-BASED IMMIGRATION

GREEN CARD BASED ON MARRIAGE

After a US citizen marries a non-citizen, if non-citizen desires to receive an Immigration status while in the US, the couple will need to submit certain application forms and supporting documents to the USCIS so that the non-citizen can adjust status to become a permanent resident or a green cardholder. This is true for those couples where a non-US citizen can actually adjust. If a person can adjust, is a vast topic, and this article is not covering it. This article is focusing on the forms that a person needs to submit to the USCIS for a successful application. For example, it is important to know that if a non-citizen entered the country illegally she/he will need a waiver of unlawful presence to be able to receive a green card. A non-citizen also may face a bar to adjustment due to criminal convictions, previous Immigration issues, and more.

At the Yankey Immigration Law Group, Pllc, we help clients to navigate the complex waters of Immigration Law. If you need a consultation for your adjustment of status case, please call us to reserve it at 615-530-5360.

US Immigrant Visas: Family Based

A non-U.S. citizen may gain the right to live and work permanently in the U.S. through a petition filed by a family member. If the sponsor is a U.S. Citizen, they may petition for the following foreign national relatives to immigrate to the U.S:

Husband or wife
Unmarried child under 21 years of age
Unmarried son or daughter over 21
Married son or daughter of any age
Brother or sister, if the sponsor is at least 21 years old, or Parent, if the sponsor is at least 21 years old.

“Immediate Relatives” refers to parents, spouses, and children (who are unmarried and under 21 years of age) of a U.S. citizen. Immediate relatives of a U.S. citizen can immigrate to the United States without being subject to any numerical restrictions, unlike other close family members of U.S. citizens and/or permanent residents. Other close family members of U.S. citizens or permanent residents are divided into several groups called “Preferences”. Each Preference is given a numerical quota per year to limit the number of immigrants admitted into the United States. Other close family members of a U.S. citizen can qualify to immigrate to the United States, but unlike immediate relatives of a U.S. citizen, they are subject to a numerical limit of US immigrant visas available to them each year. Close family members are divided into several groups called “Preferences”. The higher the Preference, the quicker the alien will be eligible for a green card. If the sponsor is a lawful permanent resident, they may petition for the following foreign national relatives to immigrate to the U.S.:

Husband or wife, or
Unmarried son or daughter of any age.

At the Yankey Immigration Law Group, Pllc, we help clients to navigate the complex waters of Immigration Law. If you need a consultation to determine if you qualify, please call us to schedule consultation with our experienced lawyers at 615-530-5360.

MARRIAGE VISAS: Options For US Citizens, Green Card Holders And Children.

The Lawyers at the Yankey Law Group, Pllc helps families to unite and stay together in the USA. The US Immigration process can be lengthy, costly, and frustrating. There are options that are available to US citizens only, and there are some that are available to green card holders only. Choosing the right path is crucial to accomplish your Immigration goals.

If Your Spouse Is A US Citizen

Let’s first talk about options available to those married to US citizens. These are the options for those US citizens, whose partners are overseas.

A US citizen, unlike a green card holder, may invite his/her fiancé (a person he/she is not married yet) on a fiancé visa; may get married to the person overseas and apply for an immediate relative visa and go through what is known as consular processing. Each option has its own pros and cons. If you have to choose between a fiancé K1 visa and marriage visa, consider these points below:

K1 Fiancé Visa

A fiancé visa or K1 visa option will be good for those who cannot or have not decided to marry immediately. There are its own qualifications for the fiancé petition (form I-129F that should be submitted to USCIS by the US citizens on behalf of the non-citizen), the main of which would be that the petitioner (the US citizen) should meet the fiancé in person within the 2 years prior to the petition to be submitted and that the couple has to have the intention to get married within 90 days of the fiancé’s arrival. The drawbacks of the K1 visa are that the process may not be faster than the one for an immediate relative visa (contrary to popular belief) and that upon arrival, the couple has to meet tight deadlines, and after marriage, the non-citizen has to submit her/his application for adjustment of status before he/she can become a green cardholder. Coupled with the fact that the marriage-based green card holder is likely to receive only a conditional residence when files for the adjustment of status after K1 visa, and then will have to file for removal of the condition on the green card, the fiancé visa process means the spouses will have to file various paperwork with the US Immigration authorities three times before the non-citizen can file for the US citizenship… There is one big plus to the fiancé visa, but it is relevant only for those who have aging out non-citizen children: a fiancé visa holder can bring to the US his/her children-dependent, those who are under 21 years of age. When a couple marries first, only children who were under 18 years of age before the marriage with the US citizen, will be able to be sponsored by the US citizen as his/her step-children.

Immediate Relative Visa Option

Couples that can get married overseas, may choose an immediate relative visa option. The main qualification here would be that the marriage has to be recognized as “legally valid” in the place where it took place; proxy marriages are strongly disfavored. After the marriage, a US citizen can start the “sponsorship” process by submitting an immediate relative petition, a form I 130 with USCIS, and attaching proof of bona fide marriage (evidence of the marriage being real), and form I 130A. Once the petition is approved, the approval will be transferred to the National Visa Center (NVC), and the NVC will coordinate the collection of the documents, an affidavit of support, and payment of the Immigrant visa fees for the next step: an interview for an immediate relative that would take at a consular where the non-citizen is residing. The drawback of the process is that it may take a little bit longer due to the NVC processing; the non-citizen will be subject to the public charge test at the time of the visa interview; and if there are children involved, the citizen will have to sponsor each member of the family separately, paying separate fees for each petition.

Options For Spouses Of Green Card Holders

If a spouse is waiting to become a US citizen, it is still possible to sponsor the non-citizen. When the non-citizen is overseas, a green card holder may just like a US citizen, submit I 130 form for the spouse. But, a K1 fiancé visa is not available for the green card holders. Also, when filing I 130, a green card holder may file one petition for the spouse and minor children, unlike when a petitioner is a US citizen and is sponsoring a family: in which case separate petitions have to be submitted for each family member. The petition processing times for spouses of green card holders are slightly longer than for those of US citizens, even though the priority date is almost current in recent times. A priority date is a date determining how fast a line for immigrant visas of spouses of green card holders is moving: immediate relatives (spouses of US citizens) do not have priority dates at all, they face only processing times. Priority dates are determined by the Visa Bulletin. The consular processing for a spouse of a green card holder is going to be the same as for the spouse of a US citizen.

Finally, if the spouse of a green card holder is in the US, he/she may be able to file for adjustment of status after marriage, but only if can prove both “legal” entry and that he/she has maintained lawful nonimmigrant status prior to submitting his/her adjustment of status application; plus the visa number (priority date) has to be current at the time of the filing for adjustment. Asylum pending status, adjustment pending status do not constitute lawful non-immigrant status. As such, many with lapsed status have to wait for the spouse to become a US citizen, at which time, the “illegal” presence, lapsed status, absence of lawful nonimmigrant status, and even unauthorized employment will be automatically forgiven to the beneficiary of an immediate relative petition.

VAWAS

GREEN CARD BASED ON VAWA

VAWA stands for Violence Against Women Act. It is a law that allows victims of domestic violence, those who are or were in certain relationship with a US citizen or a U.S. permanent resident to sponsor themselves into the country without the help of the abusive US citizen or permanent resident. The law allows to use this venue not only by wives, but by husbands, children and parents as well. The requirements for filing depend on the qualifying relationship and the filer’s (beneficiary’s) immigration history.

Who May File For VAWA

A person who has a husband, wife, father, mother, step-father, or step-mother who is a US citizen (USC) or Lawful Permanent Resident (LPR), who abused the filer physically, sexually, or psychologically;
A parent of a child who has been abused by their USC or LPR spouse. The abuse may be physical, sexual, or psychological;
A parent of an adult USC son or daughter who has abused them physically, sexually or psychologically.

The abuser does not need to participate in the filing or even know about it. A spouse who is filing does not need to get divorced from the abuser to do so. Moreover, if the filer and the US spouse divorced, or the US relative died, the abused person may still file if he/she does so within the 2 years of the divorce/death.

The VAWA self-petition is one of the few exceptions that allows to file for adjustment of status (green card) for people who entered the country without inspection or admission (EWI).

Finally, not only VAWA allows for filing of adjustment of status, it also allows for special cancellation of removal.

VAWA Cancellation Of Removal (3 Years Cancellation Of Removal

To qualify for VAWA cancellation a person must show:

He/she or their child (the “child” may be an adult) is the victim of domestic violence by a U.S. citizen or legal permanent resident spouse or parent. The spouse or parent need not still be a U.S. citizen or lawful permanent resident at the time of the application for 3 Year Cancellation, nor do you still have to be married to the abuser to apply. This means:

- - The applicant has been abused physically or psychologically by their U.S. citizen or lawful permanent resident spouse or parent either inside or outside the U.S;
  - The other parent of the filer’s child is a U.S. citizen or lawful permanent resident who has abused their child physically or psychologically whether inside or outside the US.

The applicant has maintained continuous physical presence in the U.S. for at least 3 years immediately preceding the filing of the Cancellation application;
Has been a person of “good moral character” during those 3 years;
Has not committed certain types of crimes or immigration offenses;
He/she or their child would suffer extreme hardship if removed from the United States. In other words:

- - They are a parent whose removal would result in extreme hardship to themselves or their child;
  - The applicant is a child.

ASYLUM

What Is Asylum?

Asylum is a status that if, granted, will allow it holder to apply for green card within one year of being in status. Asylum is a sort of permission to change your country of nationality and stay in the US because the filer was able to persuade the U.S. government of the judge that he will be harmed in his home country. Asylum status will allow the holder to live, work in the U.S., travel internationally and come back to the U.S. It also allows the holder to apply for certain types of public benefits (Medicaid, Food Stamps, etc.)

Can I Apply For U.S. Asylum From Overseas?

No. A person may apply for asylum only when he/she is physically in the U.S. or he/she is in the airport or other port of entry. In the latter scenario, the person is likely to be detained until the government officer of a judge determines that the person may win his/her asylum case and may wait for its resolution outside of the detention. A person who wishes to ask for the U.S. help overseas, must apply for a refugee status with the U.S. Consulate.

GREEN CARD BASED ON ASYLUM

One of the ways to obtain U.S. permanent resident status known as US green card and citizenship is through asylum status. Asylum status can be afforded to an applicant who is unwilling or unable to return to his/her home country due to the fear of persecution or because he/she has been persecuted there before on account of race, religion, political opinion, membership in a particular social group and/or nationality.

If an applicant is granted asylee status, he/she can apply for adjustment of status to one of a permanent resident after holding the status for one year. An asylee does not need to prove that he/she will not become a public charge, and hence, does not need to submit an affidavit of support with the adjustment application. If the application for permanent residency is granted, the asylee will be provided a green card with the date rolling one year back from the actual date of approval.

DV LOTTERY

GREEN CARD BASED ON DV LOTTERY

US green card based on DV or Diversity Lottery is a program established by the US government that helps to maintain diversity of the immigrants in the United States and gives applicants a chance to “win” status of a permanent resident without having to be sponsored by a family member or an employer.

First of all, it is a lottery, meaning that applicant for green card has to register merely for a chance to be selected for further processing. The US government does not guarantee that all the applicants will be selected and does not guarantee that those selected will be able to receive a US green card.

Second, the process starts with a registration on the government website. The registration period for US green card lottery usually starts from October 1 until November 2 of a certain year. Prior to complicating the registration form, which is FREE and is filled out only on the government website, a person should read the instructions and qualifications for the lottery. It is important to answer all the questions correctly as even a minor mistake will lead to disqualification. Entrant Status Check is the ONLY means of informing an applicant if he/she entry was selected or not. All entrants, including those NOT selected, may check the status of their entries through the Entrant Status Check on the E-DV website.

If a green card applicant is selected for further processing, he/she will need to inform Kentucky Consular Center (KCC) about it, so the center will know (1) if an applicant will apply for adjustment of status (the applicant must be in lawful status in the US for this) or will go through consulate proceedings, and (2) the Center will send appropriate notifications to the appropriate consulate abroad.

The KCC will make an appointment for the applicant’s interview and it is very important not to miss that interview. It is very hard, and often impossible to have the interview rescheduled, as the consulates usually are very busy during the interview times, and would like to assist and give a chance to all those selected.

DEPORTATION DEFENSE

DEPORTATION/REMOVAL DEFENSE: Cancellation Of Removal

Nashville deportation lawyers at the Yankey Immigration Law Group, Pllc provides certain types of cancellation of removal / deportation in the Immigration Court, the BIA and various Federal Courts. Among possible avenues of relief are:

cancellation of removal / deportation for permanent residents;
cancellation of removal / deportation for non-permanent residents;
adjustment of status to permanent residence;
asylum, withholding of removal and UN Convention Against Torture;
waivers of inadmissibility and deportability.

GREEN CARD BASED ON CANCELLATION OF REMOVAL

Cancellation of removal is one of the forms of relief (defense) from removal (deportation). There can be different types of cancellation of removal: for permanent residents, for VAWA beneficiaries, and for certain aliens covered by special laws, and for non- permanent residents. In this publication, we will discuss cancellation for non -permanent residents.

Cancellation of removal for non-permanent residents may be afforded under INA 240A (b): CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS FOR CERTAIN NON-PERMANENT RESIDENTS.

(1) IN GENERAL.-The Attorney General 2/ may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien:

(A) has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application;
(B) has been a person of good moral character during such period;
(C) has not been convicted of an offense under section 212(a)(2), 237(a)(2) , or 237(a)(3) , subject to paragraph (5) 2a/ 5/ ; and
(D) establishes that removal would result in exceptional and extremely unusual hardship to the alien’s spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.

Usually, the Immigration Judge starts his/her analysis from whether a person statutory eligible for cancellation. For this, a person must:

NOT BE A PERMANENT RESIDENT (UNLAWFUL STATUS, or EWI still qualify for cancellation); and
A PERSON HAS BEEN PRESENT CONTINUOUSLY IN THE US FOR NOT LESS THAN 10 YEARS : that is a person was in the US 10 years prior to service on him/her Notice to Appear, and the person had not left the country for longer than 90 days at a time, or 180 days all together. The statue does not purport to be the exclusive rule respecting all departures. See Matter of Romalez, 23 I. & N. Dec. 423, 429 (BIA 2002). Continuous physical presence is deemed to end at the time an alien is compelled to depart the United States under the threat of the institution of deportation or removal proceedings, even if the period of absence was within the time limits set forth in § 240A(d)(2). Id.
A PERSON IS ONE OF A GOOD MORAL CHARACTER; and
A PERSON HAS NOT BEEN CONVICTED OF DEPORTABLE AND INADMISSIBLE OFFENCES; and
CAN ESTABLISH THAT THERE WILL BE AN EXCEPTIONAL AND EXTREMELY UNUSUAL HARDSHIP CAUSED TO A QUALIFYING RELATIVE (spouse, parent or child).

An important factor regarding cancellation of removal is that it is a DISCRETIONARY RELIEF. It means that the Immigration Judge (the IJ) does not have to but may grant this relief. If a person establishes that he may satisfy all the statutory requirements, the IJ will further exercise his/her discretion and determine if the person deserves to be granted permanent resident status in the United States.

NON-IMMIGRANT VISAS

US Non-Immigrant Visas

B-1 visa – This category is reserved for individuals who need to come to the U.S. for temporary business reasons such as for contract negotiation, consulting with business associates, participating in conventions, etc.
B-2 visa – This US non-immigrant visa is for people coming to the U.S. for pleasure such as tourism, social visits to friends, and for health reasons, etc.

US Non-Immigrant Visas: Traders And Investors Visas

E-1 visa – This US non-immigrant visa is reserved for individuals who wish to carry on substantial trade that is international in scope between the U.S. and a foreign state of which he is a national and there exist a treaty of friendship, commerce and navigation or Bilaterial Investment Treaty or other arrangements (i.e. NAFTA).
E-2 visa – This visa is for people who have invested or are actively in the process of investing and there is a treaty between the foreign state of which he is a national and the U.S.

US Non-Immigrant Visas: International Organizations Visas

G visa – Staff members of a listed international organization (i.e. IMG, UN) who are assigned on a resident basis are given this US non-immigrant visa.

US Non-Immigrant Visas: Temporary Worker Visas

H-1B visa – This visa is for people who wish to work in the U.S. in a specialty occupation such as those jobs requiring a bachelor’s degree or equivalent.
H-1C visa – This US non-immigrant visa permits foreign trained nurses to work temporarily at hospital in areas where there is a health professional shortage.
H-2A and H-2B visas – These visas are for temporary workers performing agricultural labor or services of a temporary or seasonal nature.
H-3 visa – This visa allows entry for temporary workers for purposes of receiving instruction and training.

US Non-Immigrant Visas: Visitors Visas

J visa – This US non-immigrant visa is for individuals who are coming to the U.S. to participate in an exchange visitor program that has been designated by the State Department. Certain holders of J-1 visa are subject to a two year foreign residency requirement.

US Non-Immigrant Visas: Marriage Visas

K-1 visa – Individuals who are engaged to U.S. citizens may be sponsored for this visa.
K-3 visa – Individuals who are married to the U.S. citizens may come to the U.S. on this US non-immigrant visa while they are waiting for adjudication of their family petitions.

US Non-Immigrant Visas: Athlete And Artist Visas

P-1 visa – This US non-immigrant visa allows entry for a person who is performing as an athlete, individually or as a team member, or as an entertainer who is part of an entertainment group.
P-2 visa – These individuals would enter under a reciprocal exchange program between an organization or organizations in the U.S. and one or more foreign organizations that allows for the temporary exchange of artists.
P-3 visa – Individual or group artist may apply for a visa to perform, teach or coach in a culturally unique program.

US Non-Immigrant Visas: Media Visas

I visa – This US non-immigrant visa is for representatives of a foreign press, radio, film or other type of information company.

US Non-Immigrant Visas: Academic Visas

F visa – This visa is for bonafide students who wish to pursue a full course of study.

US Non-Immigrant Visas: Temporary Corporate Visas

L-1A visa – This US non-immigrant visa permits multinational managers or executives to be transferred to the U.S. from a foreign company that is affiliated with the U.S. company.
L-1B visa – This visa permits an individual who has obtained specialized skills or knowledge at a foreign company to come to the U.S. to transfer his skills to an affiliated U.S. company.

US Non-Immigrant Visas: Vocational Visas

M visa – This US non-immigrant visa is for students who wish to study at a vocational or nonacademic institution.

US Non-Immigrant Visas: Extraordinary Ability Visas

O visa – This visa is for a person who has “extraordinary ability in the sciences, arts, education, business or athletics.”

US Non-Immigrant Visas: Cultural Exchange Visas

Q visa – This US non-immigrant visa is for participants in an international cultural exchange program that was designated by the U.S. Attorney General.

US Non-Immigrant Visas: Religious Visas

R visa – This visa is for individuals working in a religious capacity (i.e. a minister) or in a professional capacity in a religious vocation or occupation.

CITIZENSHIP/NATURALIZATION

US citizenship is the ultimate goal of any U.S. immigrant. At the Yankey Immigration Law Group, Pllc, our experienced attorneys will help to make sure your process will go as smooth as possible. Remember, that recently, the regulations started to change rapidly, and at times they change while your application is in process. Such a rapid change requires a creative and timely response, which our naturalization attorneys are prepared to provide.

Our U.S. citizenship services include:

Review of the criminal arrest and conviction records to determine any potential obstacles for naturalization
Reviewing of any potential “unlawful acts” issues related to Good Moral Character criterion
Researching of applicable laws necessary to address the client’s circumstances
Identifying and addressing any obstacles to US citizenship related to prior filings, selective service registration or English language abilities
Reviewing travel records, employment and marriage records to address any potential issues
Obtaining and reviewing prior Immigration history if necessary

The US citizenship may be obtained three different ways. The first way is by birth. One is automatically a citizen if he or she was born in the United States. One is also a citizen if he or she is born outside the US and is the offspring of at least one US citizen and certain conditions apply.

The second way one can obtain US citizenship is by meeting the requirements for US citizenship established by the Child Citizenship Act, which has been in effect since February 27, 2001. If the child meets these requirements, then he is automatically a US citizen even though he was not born a US citizen and did not go through the naturalization process to become a US citizen. In this scenario, one may want to obtain a certificate of citizenship to prove US citizenship.

The third way one can become a US citizen is through a process called naturalization. Naturalization enables a non-US citizen to become a United States citizen. A person must meet certain requirements established by the US law. Among them are age, residence, and physical presence, good moral character, knowledge of the US government and history and English language.

If you need a consultation regarding US citizenship and naturalization, please call us at (615) 530-5260

WAIVERS

Some of the waivers require an application form and a fee, some do not. For many waivers, extreme hardship to a qualifying relative is needed to be shown. As a rule, a qualifying relative would be a person’s US citizen or lawful permanent resident spouse or parent. In the US, often, the same immigration form is used to waive various grounds of inadmissibility.

How To Prove Extreme Hardship For Immigration Waiver

Many waivers require that an applicant proves extreme hardship to a qualifying relative, who is often a spouse or parent holding US citizenship status or green card status.

I601 Immigration Hardship Waiver

I 601 is a US Immigration form that is required to be filed when a person is charged with inadmissibility based on certain grounds. For each ground, there are its own qualifications as to who can apply and who qualifying relatives can be, and also other limitations. This form is used by an applicant for an adjustment of status, an immigrant visa (at times, only family-based!), or K or V visa, TPS applicants, etc. It can be used to waive:

- Health-related grounds of inadmissibility (INA section 212(a)(1)): this waiver helps those who were found to have a communicable disease, dangerous physical or mental disorders, if you are seeking a waiver of the vaccination requirements, etc. Generally, there is no waiver for those who were found to have a drug addiction or drug abuse. A drug abuse determination is done by a civil surgeon according to the strict guidelines. Only if a person can prove that his/her addition is in remission, will be the person be able to overcome this inadmissibility charge.
- Some criminal grounds of inadmissibility (INA section 212(a)(2)): please note that for most controlled -substance-related offenses there is no immigrant waiver!
- Immigration fraud and misrepresentation (INA section 212(a)(6)(c)): for example, if one was found to present untruthful information at the entry (fraudulent visa, passport (but not a US passport!), or during immigration filings for a visa or green card (false employment or marriage documents, etc. Please note that there is no waiver for marriage fraud 204(c) ground, but in a certain limited situation, a person may qualify for a non-immigrant waiver.
- Immigrant membership in totalitarian party (INA section 212(a)(3))
- Alien smuggler (INA section 212(a)(6)(E)): this waiver is available only to those who are sponsored by close family members (not brothers or sisters!) and the persons one tried to smuggle were a spouse, parent, son or daughter only. An Immigration Judge may grant this waiver as well.
- Being subject to civil penalty (INA section 212(a)(6)(F))
- The 3-year or 10-year bar due to previous unlawful presence in the United States (INA section 212(a)(9)(B)): this is one of the most common grounds of inadmissibility. At times, rather than naming a form that is used to file for a waiver, lawyers, USCIS officers, and people will use the A VAWA self-petitioner is also eligible but does not need to have a USC/LPR family member and need not be an LPR at the time she asserts the waiver. A conditional resident whose I 751 was denied to marriage fraud can apply for this waiver!

Hardship Waivers: I 601A Provisional Waiver, How And When To Apply

Since March 4^th, 2013, “miracle” waivers have been available to immigrants who resided in the country without authorized or lawful status, had an approved petition allowing them to seek immigrant visas, but could not otherwise adjust their status. The difficulty before these waivers became available for most immigrants came from a requirement to have a “legal entry” when adjusting status in the US and being in lawful non-immigrant status continuously from the date of entry. The provisional waiver allowed these immigrants to complete most of the immigration steps in the US, and leave the US only for about 2 weeks to obtain an immigrant visa and return to the US as green cardholders.

But for those who accumulated 180 days and more of unlawful presence, when they leave the US, they will trigger an automatic bar on re-entering the country for a minimum of 3 years and a maximum of 10 years. The I-601A waiver helps to “waive” or forgive the unlawful presence and remove the automatic bar due to the unlawful presence. The good news is, anyone eligible can apply for an I-601A waiver while they remain in the US, and it does not trigger an automatic referral to immigration court. If a person is subject to other grounds of inadmissibility, such as misrepresentation/fraud, for example, I 601A will not help by itself. An additional waiver will have to be submitted as well, usually after a denial of a visa at the interview. It is crucial to determine if a person can be subject to other grounds of inadmissibility: an unsuspected person may file and receive an approval for I-601A waiver, leave the US for an interview, and nevertheless would not be able to return to the US because other grounds of inadmissibility were found to apply to him/her: claim of a US citizenship; fraud/misrepresentation; health grounds.

I 601A waiver can be used in combination with other waivers. But a filer needs to remember that various waivers have different qualifying relatives and standards for approval. For example, if a person has a previous unexecuted removal/deportation order, a person would have to file an I 212 waiver first. That waiver has its own standard for approval. Only if I 212 waiver is granted, a person may file then I 601A waiver. If a person has waivable criminal issues or fraud/misrepresentation issues, he/she can file for the I 601 waiver after the interview at a consulate. Of course, it means longer wait times before a person can come back to the US, but it can be a solution rather than none.

If you need help with waivers, please call our experienced Waiver Attorneys at 615-530-5360 Before filing for a waiver, one should consult with an attorney!

EMPLOYMENT-BASED IMMIGRATION

U.S. Work Visas Options Or How To Get A Work Visa In The USA

The United States is seen by many as their dreamland, a place where hopes can come true. Many have the same question: how can they move to the US and have a job here? How to get a US Work Visa? To start with, in the US a person is authorized to work if he/she has a status allowing engaging in employment such as a green card, asylum or refugee status, H1b, O, P or E, R, etc. or if a person receives an employment authorization in connection for example with an application for asylum, adjustment of status, as a dependent of H1B, E or L status holder, etc.

The U.S. Work Visa Types And Requirements

The truth is that the work visa options in the U.S. are limited. One has to meet specific qualifications before he/she can come to work in the US. At the law office of Alena Shautsova, NYC Immigration firm, we help clients to evaluate their credentials and determine which visa may be suitable for them. For most work-related visas, a person would need to have a job offer and an employer. Most visas are job-specific: it means that they are valid as long as the person works for that particular employer. All work-related visas in the U.S. are divided into Immigrant and Non-Immigrant visas.

Overview Of H1B Visa And Status

The most common type of a work visa in the United States is an H1B visa: this visa is reserved for professionals for whom the employer has obtained an approved labor condition application from the Department of Labor (DOL). It is suitable for those who can be employed in positions that qualify as a “profession” and/or specialty occupation. By the way, this visa category is often used by fashion models who have “distinguishing merit or ability.” The main qualification for job seekers here would be education and/or experience. There is an education requirement of a U.S. Bachelor’s degree or higher degree or its foreign equivalent; and at times, a person has to hold an unrestricted state license or “education, specialized training, and/or progressively responsible experience that is equivalent to completion of a US Bachelor’s degree or higher degree in the specialty occupation, and have recognition in the specialty through progressively responsible positions directly related to the specialty.” 8CFR214.2(h)(4)(iii)(C ).

E -3 Visa And Status

E-3 visa and status are like H1B but for citizens of Australia. However, unlike H1B, E-3 may be valid for two years initially and may be extended indefinitely. Dependents of E-3 are eligible for employment authorization. It is possible to work part-time on E3, but a person would have to show that he/she has enough US income and/or possess enough assets to support him/herself and not become a public charge. Labor condition application is required here as well.

R Work Visas For Religious Occupations

The United States is a country that prides itself on protecting certain inalienable rights regardless of a person’s demographics. One of the human rights the US protects fiercely and refers to sometimes as liberty, is the freedom of religion.

The first step in analyzing whether or not a person is “qualified” for a religious visa according to USCIS, is to determine if a person has been a member of the denomination or religious organization for the last (2) two years. If the religion is new and less than (2) years old, the R-1 visa may not be the right choice. The second step is to find out if the person seeking the visa will be working for the religious organization as a minister or in a religious vocational capacity. In other words, it will be challenging to argue that the religious organization needs a person for an R-1 visa to perform janitorial services because this is a job duty that does not require any specialized theological training or knowledge.

Documents And Eligibility Requirements Of The Religious Organization To Qualify For Sponsorship.

In order for a religious organization to be eligible to sponsor an immigrant for an R-1 visa, it must be recognized as a 501(c)(3) tax-exempt organization. Moreover, the religious organization must demonstrate that they have the funds to compensate the candidate and that the work the candidate is involved in will be mostly religiously orientated and not a form of secular work. IRS documentation provides the best proof that an organization has the means to compensate for a religious worker’s salary. If IRS documentation is unavailable, an audited financial statement from the religious organization can be used as proof of available funds.

Non-salaried compensation is a regular occurrence to offset the salaried compensation requirements of an R-1 visa applicant. Non-salaried compensation includes room and board, housing allowances, health insurance, travel expenses, and paid time off.

Documents And Eligibility Requirements Of The Religious Worker To Qualify For The R-1 Visa

The religious worker must demonstrate that they are fully authorized and trained to the standards of the religious organization to perform all duties performed by members of the clergy. Lay preachers, for example, do not qualify for R-1 visas as they are not authorized to conduct some worship activities that are reserved for members of the clergy. In addition to the criteria above, the religious worker must work solely as a minister and not perform administrative duties unless they are associated with the responsibilities of a minister. The most common example of this is being a minister on a Sunday and a bookkeeper during the week.

Next, the candidate must establish that they have made a formal lifetime commitment to the religious organization or denomination, which separates them from secular members of the religious organization. Lastly, the religious worker must demonstrate that the job duties will amount to at least 20 hours a week. It means that part-time employment on R visa is acceptable. If the petition for an R-1 visa is approved, the religious worker may choose to volunteer at another religious organization nearby with their spare time.

TN Visas And Status

For Canadians and Mexicans, there are separate, special visas/status reserved if they will perform in the US professional assignments. For Canadian citizens, it is possible to request TN status right at the border or to apply for it at a US consulate. Citizens of Mexico should apply for it at a consulate. The occupations suitable for this visa/status are specified by the North American Free Trade Agreement (NAFTA). A TN petition/admission may be valid for up to three years. The TN classification may be used for a part-time position. Examples of positions suitable for TN classifications are accountant, economist, social worker, lawyer, interior designer, hotel manager, pharmacist, university teacher, etc. Self-employment is not allowed. There is no maximum time limit to hold TN classification, unlike H1B, L, or E.

The US government officials will scrutinize the TN applications to make sure that they are not used instead of H1B… For that reason, for example, a computer system analyst may be employed under the TN category, but a programmer may not be.

H2B Visa And Status

These visas are reserved for citizens of certain countries in connection with temporary, seasonal assignments not related to the agricultural work. The employment must be a full time one, and an employer has to obtain a temporary labor certification. The job may be professional, skilled, or unskilled. Typically, an H2B visa can be valid for up to 1 year; may be extended in increments of one year up to three years. To be legible for another three years, the H2b beneficiary must remain outside the US for three months. This category is typically used by hotels to attract seasonal employees, resorts, golf clubs, etc. But H2b may be used for a one-time length project as well. The key qualification here is that the job, the position has to be temporary as defined by the need of the employer, not customers. In practice, the H2b assignments will be counted in months. Interestingly, in certain limited circumstances, an H2B visa may be granted to domestic workers. (B visa may be suitable for accompanying non-immigrants domestic workers as well!)

O Visa And Status

O visa and status are for those who can demonstrate extraordinary ability in science, education, business, athletics, arts, motion picture, or television industries. Unlike for the EB1 category, here an employment offer is required, and O visa is employer-specific. O visa allows for unlimited extensions. The petition may be filed by a US employer, agent, or even a foreign employer through an agent, but not by the person seeking status. Drawbacks of this choice are that it requires a very detailed itinerary (timeline of what and where the beneficiary will be doing in the US), and a letter-consultation from the appropriate professional organization if such exists. O1 visa may be a good option for one subject to J1 2 year- residency requirement. For a successful O petition, one would have to present:

P Visa And Status

P classification is typically used by internationally recognized athletes and entertainers, it is available for established entertainment groups, individual athletes, and athletic teams. Initial P-1 petitions for individual athletes may be valid for up to five years. P-1 for teams, not to exceed one year. P-1 is an employer-specific visa. Here, a detailed itinerary will also be required. Under the COMPETE Act, coaches can be eligible for P-1 classification, but this category is limited to coaches of teams or franchises located in the U.S. that are part of an international league or association of 15 or more amateur sports teams. If the applicant will be working at the same time for multiple employers, separate petitions will have to be filed for him/her. A solution here would be to use an established agent that will need only a single petition to be filed for the person. A foreign employer likewise has to use the services of an agent in order to file a petition for a P worker.

E Visa

Those from countries with special agreements with the U.S. may qualify for a treaty investor, treaty trader or as an employee of a qualifying entity.

Nationality: a person has to be the national of the country which has a treaty/agreement with the U.S. Department of State maintains the list of the countries with which the qualifying agreements exist. If a treaty trader or investor is a business or an employing company, then the nationality of the company is determined by the nationality of the individual owners of that business. The person has been to a citizen, not a permanent resident for determining the nationality. A company can be incorporated in the U.S., but as long as 50% of the owners are nationals of the qualifying foreign country, the requirements on nationality will be met. In most cases, only one qualifying nationality should be present, and that nationality must be held by owners and the employees we well.

E3 Visa

For citizens of Australia who will engage in professional “specialty occupation” assignments in the U.S. an E-3 status may be appropriate. Dependents of E-3 visa holders may qualify for employment authorization. A person has to be a citizen or national of Australia; should possess a bachelor’s degree; professional license, if required by federal, state or local law, and must be engaging in a professional assignment in the U.S.

L Visa

L visa: L visa requires an employer in the United States which can be one’s own company under certain circumstances. It is suitable for those who open a branch or subsidiary of their overseas business in the United States. The L visa serves as a transfer opportunity for executives or managers from overseas companies to the U.S. branch/ subsidiary/qualifying business.

In short, an L1 visa can be a great tool for one to transfer managers/executives and specialized knowledge employees from overseas to the US companies.

Immigrant Business Visas

These visas lead directly to a green card or status of a lawful permanent resident. The visas discussed below allow for a self-petition or do not require a Labor Certification (proof that no U.S. workers were found for the employment position).

EB1 Employment Visa

There are following categories within the EB1 qualification:

EB 1A

Aliens of extraordinary ability in the science, arts, education, business, and athletics: No specific employer is required, just an intent to engage in the announced occupation in which classification is sought. An applicant will have to demonstrate that he/she meets 3 out 10 requirements and generally enjoys a reputation of an outstanding specialist in the field and that her/his work in the U.S. will be beneficial for the U.S.

EB 1B

Outstanding professors and researchers: if a person has at least three years of experience in teaching and/or research in the academic field, a qualifying offer of employment from a U.S. university, institute of higher education or a private employer and he/she is recognized internationally as outstanding in a specific academic area, he/she may qualify for the EB1B employment category in the US. Here, the petition must be filed by an employer, a scholar cannot file for herself/himself. Experience in teaching or research while working on an advanced degree will only be accepted if the alien has acquired the degree, and if the teaching duties were such that he or she had full responsibility for the class taught or if the research conducted toward the degree has been recognized within the academic field as outstanding.

EB 1C

Multinational managers and executives: these visas are reserved for those who can demonstrate that they worked as a manager or an executive for a qualifying foreign corporation for at least one continuous year on a full-time basis; and that a US company has been actively doing business for at least one year.

EB2 National Interest Waiver Visa

EB2 category is reserved for professionals with high education or persons of exceptional abilities. Do not confuse this category with the extraordinary ability.

Advanced Degree

Persons with an advanced degree (Master’s or higher) or baccalaureate degree with a minimum of five years of progressive experience in the specialty field may qualify for this category.

EB2 Exceptional Ability

If an applicant does not possess or cannot prove that he/she has an advanced degree, he/she may still qualify for EB2 category can demonstrate that possess a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”

EB5 Investment Visa

This route is for those who have the required funds and is willing either to control the investment himself/herself directly into enterprise or invest into a regional center. The funds required are currently: $1M for regular investment, or $500,000 for a regional center (which are often in target employment areas)/targeted employment area investment.

If you have questions regarding US business immigration, please contact us and our business attorneys will be happy to consult you! Call (615) 530-5360

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 2023-02-02
 
 
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 2023-01-27
 
 
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 2023-02-07
 
 
  Estoy muy agradecida por el gran trabajo que el abogado a hecho y por aver me ayudado a tramitar mi greencard y fue más rápido de lo que me había imaginado y es un excelente abogado
  
 
       
   Zufan Haftu 
 2023-02-02
 
 
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   David Opoku 
 2023-01-27
 
 
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   Eyob Brhana 
 2023-02-07
 
 
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   Catarina Dominguez 
 2023-02-07
 
 
  Estoy muy agradecida por el gran trabajo que el abogado a hecho y por aver me ayudado a tramitar mi greencard y fue más rápido de lo que me había imaginado y es un excelente abogado
  
 
       
   Zufan Haftu 
 2023-02-02
 
 
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   David Opoku 
 2023-01-27
 
 
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 2023-03-30
 
 
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   Jeremy Barkley 
 2023-03-28
 
 
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   William Colina 
 2023-03-24
 
 
  Excelente atención y profesionalismo, se ajustan a nuestros presupuestos y te asesoran en toda y lo mejor de todo es que si no hablas español no te preocupes ellos si.
  
 
       
   Eyob Brhana 
 2023-02-07
 
 
  He is a helpful and nice person, from the beginning to the end. Hearing everything and explaining briefly and I recommend it to everyone who has a case that needs to be solved.
  
 
       
   Catarina Dominguez 
 2023-02-07
 
 
  Estoy muy agradecida por el gran trabajo que el abogado a hecho y por aver me ayudado a tramitar mi greencard y fue más rápido de lo que me había imaginado y es un excelente abogado
  
 
       
   Zufan Haftu 
 2023-02-02
 
 
  This is best place to ask and get information. They are nice and kind. And, great listener. Thank you for your service!
  
 
       
   David Opoku 
 2023-01-27
 
 
  What is spectacular about Attorney Francis Yankey is, he's a great listener, and he has patience for each client. I recommend him 200% without any reservation.
  
 
  
  Load more
 
 
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   Nagi Gamil 
 2023-03-30
 
 
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 2023-03-28
 
 
  Expert help. Highly recommend.
  
 
       
   William Colina 
 2023-03-24
 
 
  Excelente atención y profesionalismo, se ajustan a nuestros presupuestos y te asesoran en toda y lo mejor de todo es que si no hablas español no te preocupes ellos si.
  
 
       
   Eyob Brhana 
 2023-02-07
 
 
  He is a helpful and nice person, from the beginning to the end. Hearing everything and explaining briefly and I recommend it to everyone who has a case that needs to be solved.
  
 
       
   Catarina Dominguez 
 2023-02-07
 
 
  Estoy muy agradecida por el gran trabajo que el abogado a hecho y por aver me ayudado a tramitar mi greencard y fue más rápido de lo que me había imaginado y es un excelente abogado
  
 
       
   Zufan Haftu 
 2023-02-02
 
 
  This is best place to ask and get information. They are nice and kind. And, great listener. Thank you for your service!
  
 
       
   David Opoku 
 2023-01-27
 
 
  What is spectacular about Attorney Francis Yankey is, he's a great listener, and he has patience for each client. I recommend him 200% without any reservation.
  
 
  
  Load more
 
 
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   Nagi Gamil 
 2023-03-30
 
 
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   Jeremy Barkley 
 2023-03-28
 
 
  Expert help. Highly recommend.
  
 
       
   William Colina 
 2023-03-24
 
 
  Excelente atención y profesionalismo, se ajustan a nuestros presupuestos y te asesoran en toda y lo mejor de todo es que si no hablas español no te preocupes ellos si.
  
 
       
   Eyob Brhana 
 2023-02-07
 
 
  He is a helpful and nice person, from the beginning to the end. Hearing everything and explaining briefly and I recommend it to everyone who has a case that needs to be solved.
  
 
       
   Catarina Dominguez 
 2023-02-07
 
 
  Estoy muy agradecida por el gran trabajo que el abogado a hecho y por aver me ayudado a tramitar mi greencard y fue más rápido de lo que me había imaginado y es un excelente abogado
  
 
       
   Zufan Haftu 
 2023-02-02
 
 
  This is best place to ask and get information. They are nice and kind. And, great listener. Thank you for your service!
  
 
       
   David Opoku 
 2023-01-27
 
 
  What is spectacular about Attorney Francis Yankey is, he's a great listener, and he has patience for each client. I recommend him 200% without any reservation.
  
 
  
  Load more
 
 
   Google rating score: 5.0 of 5, based on 58 reviews

          
   Nagi Gamil 
 2023-03-30
 
 
  Good, Good and Good
  
 
       
   Jeremy Barkley 
 2023-03-28
 
 
  Expert help. Highly recommend.
  
 
       
   William Colina 
 2023-03-24
 
 
  Excelente atención y profesionalismo, se ajustan a nuestros presupuestos y te asesoran en toda y lo mejor de todo es que si no hablas español no te preocupes ellos si.
  
 
       
   Eyob Brhana 
 2023-02-07
 
 
  He is a helpful and nice person, from the beginning to the end. Hearing everything and explaining briefly and I recommend it to everyone who has a case that needs to be solved.
  
 
       
   Catarina Dominguez 
 2023-02-07
 
 
  Estoy muy agradecida por el gran trabajo que el abogado a hecho y por aver me ayudado a tramitar mi greencard y fue más rápido de lo que me había imaginado y es un excelente abogado
  
 
       
   Zufan Haftu 
 2023-02-02
 
 
  This is best place to ask and get information. They are nice and kind. And, great listener. Thank you for your service!
  
 
       
   David Opoku 
 2023-01-27
 
 
  What is spectacular about Attorney Francis Yankey is, he's a great listener, and he has patience for each client. I recommend him 200% without any reservation.
  
 
  
  Load more
 
 
   Google rating score: 5.0 of 5, based on 58 reviews

          
   Nagi Gamil 
 2023-03-30
 
 
  Good, Good and Good
  
 
       
   Jeremy Barkley 
 2023-03-28
 
 
  Expert help. Highly recommend.
  
 
       
   William Colina 
 2023-03-24
 
 
  Excelente atención y profesionalismo, se ajustan a nuestros presupuestos y te asesoran en toda y lo mejor de todo es que si no hablas español no te preocupes ellos si.
  
 
       
   Eyob Brhana 
 2023-02-07
 
 
  He is a helpful and nice person, from the beginning to the end. Hearing everything and explaining briefly and I recommend it to everyone who has a case that needs to be solved.
  
 
       
   Catarina Dominguez 
 2023-02-07
 
 
  Estoy muy agradecida por el gran trabajo que el abogado a hecho y por aver me ayudado a tramitar mi greencard y fue más rápido de lo que me había imaginado y es un excelente abogado
  
 
       
   Zufan Haftu 
 2023-02-02
 
 
  This is best place to ask and get information. They are nice and kind. And, great listener. Thank you for your service!
  
 
       
   David Opoku 
 2023-01-27
 
 
  What is spectacular about Attorney Francis Yankey is, he's a great listener, and he has patience for each client. I recommend him 200% without any reservation.
  
 
  
  Load more
 
 
   Google rating score: 5.0 of 5, based on 58 reviews