Immigration Law Firm

Law Offices of Gail S. Seeram

Copyright © 2006-2014 by Law Offices of Gail S. Seeram, P.C. All rights reserved. Reproduction in any manner requires prior written permission by the publisher.

Legal Disclaimer: The contents of this pamphlet are provided for information purposes only and should not be construed as legal advice. The information provided is subject to change without notice.

Visas Green Cards Citizenship Appeals Removal/Deportation Employer/Investor Fiancé TPS Asylum

NONIMMIGRANT WORK VISAS: E-1: Treaty Traders (Treaty Country)

• Trade must be principally between the US and the treaty country

• Substantial trade between the US and treaty country

• Initial Period of Stay = 2yrs and renewed indefinitely

E-2: Treaty Investors (Treaty Country) • “At risk” investment • Real/Active commercial

undertaking for profit • “Substantial” investment • Initial Period of Stay = 2yrs and

renewed indefinitely

L-1: Intracompany Transferees • Alien worked for foreign company

one year in previous three years • Foreign company has relationship

to US company • Job must be in managerial or

executive capacity or require specialized knowledge

• Initial Period of Stay = 3yrs and max of 5yrs / 7yrs

TN: Trade/NAFTA Canadians and Mexicans • Job offer in US • Fall within listed professions and

meet specific requirements • Period of Stay = 1yr

R-1: Religious Worker • Alien is member of same religious

denomination for 2yrs preceding application

• Alien must work in religious occupation or vocation

I-1: Representative of the Media • Foreign press, radio, or film • Period of Stay = D/S

A, G, C-2/C-3: Diplomatic/Official Visas • Heads of State, governor, cabinet

members, justices, ambassadors

H-1B: Specialty Occupation

• Theoretical and practical application of a body of highly specialized knowledge; AND

• Bachelor’s degree or higher degree • Initial Period of Stay = 3yrs and

max of 6yrs H-2A: Temporary Agricultural Worker H-2B: Temporary Non-Agricultural Worker

• Employer must show seasonal need, peakload need, or one time occurrence for temporary worker

• Labor certification required • Period of Stay = 1yr

H-3: Temporary Worker (Training) • Training not available in Alien

country & only incidental employment in the U.S.

• Period of Stay = 18 months

J-1: Exchange Visitor (Training) • U.S. training will be utilized in

foreign country & on skill lists • Period of Stay = 4months – 4 years • 2yrs foreign residency requirement

O-1: Aliens of Extraordinary Ability • Available in the sciences, arts,

education, business, athletics, or motion picture industry

• Advisory opinion from “peer group” • Evidence of aliens extraordinary

ability required (e.g., awards, etc.) • Period of Stay = no more than 3 yrs

P-1: Performers, Athletes & Entertainers • High level/renowned achievement

in the field evidenced by recognition • Admission limited to event/show

Q-1: International Cultural Exchange • Applies to employer that provides

practical training, employment, AND sharing of history & culture

• Period of Stay = max of 18mos

IMMIGRANT WORK VISAS:

EB-1: Priority Worker • Extraordinary ability aliens,

outstanding professors and researchers, and multinational executives and managers

• 40,000 visa numbers annually

EB-2: Advanced-degree holders and Aliens of Exceptional Ability

• Exceptional Ability may be non-degreed

• Labor certification required • National Interest Waiver available

for Schedule A professions • 40,000 visa numbers annually

EB-3: Professional, Skilled, and Other Workers

• Professional - degree required • Skilled - 2yrs training/experience • Other Workers - less than 2yrs

training/experience • 40,000 visa numbers annually

EB-4: Special Immigrants • Ministers of Religion • International Organization Worker • Veterans of US armed forces • U.S. government employees

EB-5: Employment Creation / Investors • Invest $1,000,000 at risk or

$500,000 at risk in target area • Create 10 full-time jobs for US

workers and not family • Conditional residency for 2yrs • 10,000 visa numbers annually

LAW ENFORCEMENT VISAS (S, T, U): • S-1: person has info on crime • T-1: person subject to severe

trafficking & assist in investigation • U-1: victim of qualifying criminal

activity & knowledge of activity

1-877-GAIL-LAW 407-292-7730 GailLaw.com Gail@GailLaw.com

FREE CONSULTATION with exceptions

Go2LawyerTM Our Experience & Education: President, American Immigration

Lawyer’s Association - Central Florida, 2011-2013

Practicing law since 1999 Former Professor, Queens College LL.M. Degree – New York

University School of Law, 2003 Juris Doctorate – Hofstra

University School of Law, 1999 BBA in Accounting – Hofstra

University, 1996

FAMILY-BASED SPONSORSHIP: The availability of an immigrant visa depends on the relationship of the family members, the native country of the beneficiary’s family member, and visas available based on numerical limitations. Visit www.GailLaw.com and click “Visa Bulletin” for current processing times.

Immediate Relative • U.S. Citizen may sponsor/file for

spouse, unmarried child under age 21 or parent

• No visa backlog or limit but processing time is 9-12 months

(F1) First Preference • U.S. Citizen may sponsor/file for

unmarried child over age 21 • Backlog generally 3-5 years • 23,400 annual limit

(F2A) Second Preference-A • Lawful Permanent Resident may

sponsor/file for spouse, unmarried child under age 21

• Backlog generally 4-6 years • 87,934 annual limit

(F2B) Second Preference-B • Lawful Permanent Resident

sponsoring may sponsor/file for unmarried child over age 21

• Backlog generally 8-10 years • 26,266 annual limit

(F3) Third Preference • U.S. Citizen may sponsor/file for

married child of any age • Backlog generally 6-8 years • 23,400 annual limit

(F4) Fourth Preference • U.S. Citizen may sponsor/file for

brother or sister • Backlog generally 10-12 years • 65,000 annual limit

Processing outside U.S. (Embassy): 1. U.S.C.I.S. - File petition 2. National Visa Center - Visa

Fees/Document Submission 3. Embassy - Medical Exam/Interview

Processing in U.S. (USCIS Office): 1. U.S.C.I.S. - File petition 2. Application Support Ctr - Biometrics 3. U.S.C.I.S. - Interview

Ineligible: Enter without inspection & no

petition filed before 4/30/2001 Preference category beneficiary

living in U.S. and no petition filed before 4/30/2001

Conditional Permanent Resident: Permanent Resident status that expires in 2yrs requires a filing to remove conditions on status. Failure to file petition results in termination of status.

Fiance Visa (K-1): U.S. Citizen may file for fiancé living outside U.S. – must marry within 90 days of entry into the U.S. & apply for adjustment of status for permanent resident status.

Diversity Visa Lottery: An annual lottery conducted on/about October-December by the U.S. Dept. of State where 50,000 immigrant visas are issued randomly to qualified applicants.

Special Immigrants Eligible for Permanent Residency by Self-Petition: 1. Widows/Widowers of U.S. citizens 2. Battered Spouse/Child of U.S. Citizens

International Adoption: 1. Orphans with no parents due to death,

or abandonment eligible for adoption & permanent residency.

2. Non-orphans are eligible for adoption but must 2yrs residency rule before can apply for permanent residency.

CITIZENSHIP/NATURALIZATION: 1. Processing Fees & Photos

• Application Fee is required; • Fingerprinting fee is required if you

are under 75 years old; and • Two passport style photos

2. Continuous Residency • 5 years as a Permanent Resident

without leaving the U.S. for trips of 6 months or longer; OR

• 3 years as a Permanent Resident married to and living with U.S. citizen spouse, without leaving the U.S. for trips of 6 months or longer

3. English & U.S. Government and History • Test in U.S. Government & History

o Special test if over age 65 and lived in U.S. for 20 yrs.

• Test in English reading and writing o Exception applies to persons

over age 50 living in U.S. for 20 yrs. and persons over age 55 living in U.S. for 15 yrs.

4. Good Moral Character • Applicant must have good moral

character for 3/5 yrs prior to filing • May lack good moral character:

o for prior convictions; o for arrest without conviction; o false testimony to immigration

under oath, illegal gambling, drunkard, voting unlawfully, false claim to U.S. citizenship, owe tax, fail to pay child support, marriage fraud, or certain crimes

**AUTOMATIC CITIZENSHIP child that is permanent resident

residing in the U.S. with applicant parent and is < age 18 when applicant parent takes oath

child born outside the U.S. to parents that are U.S. Citizens

REMOVAL/DEPORTATION: If you’re unlawfully present in the U.S. or a permanent resident , then you can found inadmissible under INA §212 or removal under INA §237.

Grounds for Removal/Deportation: • One Crime Involving Moral Turpitude • Multiple Crimes Involving Moral

Turpitude* • Aggravated Felony Offenses* • Controlled Substance Violation* • Controlled Substance Trafficker • Firearm Offense* • Money Laundering* • Domestic Violence, Stalking, Violation

Protection Order & Child Abuse • Failure to register as sex offender • Immigration Violations, Visas &

Passport Fraud • Alien Smuggling • Prostitution & commercialized vice • Security & related grounds, terrorist

activities* * Subject to mandatory detention

Forms of Relief/Waiver: • Cancellation of Removal for

Permanent Residents • Cancellation of Removal for non-

permanent residents • 212(h) waiver based on extreme

hardship • 212(c) waiver if plea before

4/24/1996 • 212(k) waiver • 212(i) waiver • 212(g) waiver • Adjustment of status • Derivative U.S. citizenship • VAWA • Asylum/withholding of removal • Convention against torture • Temporary protected status • Voluntary departure • Motion to reopen & rescind order