This type of visa is for employees who seek to work in the U.S. on a temporary basis and require sponsorship by a U.S. employer. In most cases, once the visa petition has been approved by the U.S. Citizenship and Immigration Services (USCIS), the employee has to apply for the visa at the U.S. consulate in his or her country of origin. In some instances, the employee can directly apply abroad with the appropriate U.S. consulate or embassy.
There are several classifications of temporary work visas categorized according to professional skills and job requirements:
TN Visa Category – For workers of Canada and Mexico under NAFTA (North American Free Trade Agreement).
Employers who wish to retain a worker for a permanent full-time job can file a petition for permanent residence or “green card” for their foreign worker.
Based on professional skills, there are five (5) Employment-Based (EB) preference categories under which a foreign worker can work and obtain U.S. permanent residence status through a U.S. sponsor. There are certain categories which do not require sponsorship or labor certification/PERM.
It is important to note that processing times for employment-based permanent residence petitions vary widely depending on the category in which the case is filed.
The family-based immigration category allows U.S. citizens and lawful permanent residents called LPR’s to petition to bring qualified family members to the United States. Family-based immigrants are admitted into the U.S. either as immediate relatives (IRs) of U.S. citizens or as the family member of a U.S. citizen or lawful permanent resident.
An I-130 is a Petition for Alien Relative to migrate to the United States. Alien relatives are categorized as spouses, parents, children and siblings. Spouses, parents, and unmarried children under 21 years of age of U.S. Citizens are considered immediate relatives and are not subject to the annual numerical quota on visas issued. All other qualified relatives are placed into preference category that determines the priority of their U.S. entry.
K Visa – Fiancé Visa
The K-1 Visa is available individuals seeking to bring a fiancé or fiancée to the United States for the purpose of marriage. Therefore, both parties must be unmarried, legally divorced or annulled, or widowed and must be married within 90 days of entry into the United States.
Foreign students who wish to pursue higher education in the United States must apply for a student visa otherwise known as a F Visa. Students must first be classified as a “student” by applying and being accepted for admission to a U.S. school or university that is authorized by the United States Citizenship and Immigration Services (USCIS) to accept foreign students.
This pathway for an approved immigrant, who has an immediately available immigrant visa number—making him or her eligible to apply to the U.S. Consulate or Embassy in their country—is referred to as “consular processing.”
L.P. Taylor Law will contact consulates and embassies worldwide directly on behalf of our clients for issues such as visa and waiver denials—where they should have been approved.
After 5 years (3 years for Violence Against Women Act “VAWA” petitioners, or U.S. Military petitioners) of continuous residence in the United States, a lawful permanent resident may apply to become a US citizen. The process to attain U.S. Citizenship is called Naturalization.
We assist clients with naturalization process by:
The Unites States Citizenship and Immigration Services (“USCIS”), Immigration Customs Enforcement (“ICE”), or Customs Border Protection (“CBP”), depending on jurisdiction, may place legal and undocumented aliens in deportation or removal proceedings. The type of hearing or proceeding will depend on the immigrant’s admittance into the United States. The Immigration and Nationality Act (“INA”) sets forth the standard for entry into and removal from the United States. Most, but not all, aliens are entitled to a hearing before an immigration judge. The judge has the power to grant relief to the immigrant.
The U.S. Citizenship and Immigration Services (USCIS), grants waivers for entry into the U.S. based on the basis of extreme hardship that a U.S. Citizen family member will suffer without such entry.
In these types of cases, your decision to hire the right immigration lawyer can make all the difference. To discuss how we can help, e-mail us at firstname.lastname@example.org or call at 1(800) 707-0092 for a free consultation.