OUR IMMIGRATION SERVICES
We are experts in the following integrated practice areas in U.S. Federal Immigration Law:
NONIMMIGRANT VISAS
A nonimmigrant visa is available to a foreign national wishing to enter the United States for a temporary period and a specific purpose - either for temporary work (H), for study (F-1/M-1 Student), as an Exchange Visitor (J-1) or for business/tourism/medical treatment (B1/B2), or other similar reasons. The visa requirement is waived for a visitor from certain designated countries who can stay in the U.S. for 90 days or less on the U.S. Visa Waiver Program (VWP).
Our firm has extensive experience in overcoming the often confusing and complicated rules, regulations, and policies of the USCIS that govern eligibility requirements for obtaining these nonimmigrant visas.
Foreign nationals wanting to live and work in the U.S. typically obtain a temporary work visa first. The most appropriate work visa will depend upon the position's job duties and the foreign national's educational attainment and experiences. Petitions for nearly all work visas are filed using Form I-129 Petition for a Nonimmigrant Worker by the prospective U.S. employer/sponsor.
USCIS guarantees 15-calendar day processing of a Form I-129 through the Premium Processing Service. Once the Form I-129 Petition for a Non-immigrant Worker has been approved, the foreign national employee's nonimmigrant status is automatically changed if already here in the U.S. or applies for a U.S. visa from a U.S. Consulate or Embassy in their home country. For more free information on which work visa is appropriate for you and your current circumstances and/or situation, contact CORPUZ AND ASSOCIATES, P.C. immediately.
There are several types of nonimmigrant visas that allow a foreign national to work temporarily in the U.S. These include:
H-1B (professionals), for individuals who will be employed and sponsored by a U.S company in a specialty occupation or as fashion models of distinguished merit and ability (one which requires a bachelor’s degree or equivalent). TN (NAFTA professionals) for foreign workers from Canada and Mexico.H1B1 (professionals) for foreign workers from Chile and Singapore. E-3 (professionals) for foreign workers from Australia.
R-1 (religious workers/ministers), for workers who come to the U.S. temporarily to work as a minister or in a religious vocation/occupation and be employed by their sponsoring non-profit religious organization.
L-1A/L-1B (intracompany transferees), for managers, executives, or essential employees, transferring from an affiliated foreign company to its U.S. company and/or operations; this is also available for companies seeking a U.S. startup.
E-1/E-2 (treaty traders and investors), for certain treaty nationals who invest in a U.S. business or engage in substantial trade coming to the U.S. to direct their business or as an exceptionally skilled employee. O-1 (extraordinary ability or achievement) for entrepreneurs and startup founders or highly skilled foreign nationals who have achievements in the arts, sciences, business, or athletics. P-1A/P-3 (athletes, athletic teams, and entertainers) for internationally recognized foreign nationals, including performing groups. And I (journalists/media representative) for foreign journalists working for foreign media, press, television, film, and radio outlet in the United States.
The temporary work visas above allow foreign national employees to obtain an employment-based permanent residency or “green card.”
EMPLOYMENT-BASED IMMIGRATION
An immigrant visa is available to a foreign national who intends to live and work permanently in the U.S.
Most employment-based immigrant visas require the petition/sponsorship of an employer. Some classifications also require the employer to file a labor certification (PERM) to initiate the “green card” process. In contrast, others allow the employer to immediately file an I-140 Petition for Alien Workers (or I-360 for Special Immigrants/Religious Workers) on behalf of their foreign national employee. Some allow self-petition/self-sponsorship when an individual is highly skilled. Many foreign nationals can remain in the United States (in a nonimmigrant status) while their cases are being processed; others must continue processing their case at a U.S. Embassy/Consulate in their home country. We can help you navigate your way.
Lawful permanent resident status (Green Card) based on employment is available to eligible individuals who are:
- Individuals with job offers, who have tested the labor market (PERM/Labor Certification), are skilled or unskilled, or have a college or advanced degree.
- Religious workers and ministers (I-360) whose services are required by their non-profit religious organization.
- Foreign nationals with extraordinary ability in business, arts, or sciences.
- Managers and executives of multi-national businesses.
- Outstanding professors or researchers.
- Foreign nationals whose work is in the national interest.
- Investors with substantial funds invested in the U.S.
After the I-140 Immigrant Petition for Alien Worker (or I-360 Immigrant Petition for a Religious Worker/Minister) has been approved, the foreign national employee may complete the final step in the green card process and file their I-485 Application to Register Permanent Residence or Adjust Status when their priority date is current.
SCHEDULE “A” OCCUPATIONS
Schedule “A” occupations are registered nurses, physical therapists, and aliens of exceptional ability. As a rule, EB-2 and EB-3 petitioners must first obtain a labor certification (PERM) from the U.S. Department of Labor (DOL) that certifies that no qualified U.S. workers are available for the petition. For Schedule “A” occupations, however, DOL has pre-certified this (designated as a shortage occupation), so the petitioners do not need to first obtain a labor certification from DOL. Instead, EB-2 and EB-3 Schedule “A” petitioners can immediately file Form I-140 and an uncertified labor certification directly to USCIS.
To fully know and comprehend the temporary work visas for which an individual is eligible, as well as the applicable “green card” category and procedures, please consult an experienced attorney at CORPUZ AND ASSOCIATES, P.C. Our lawyers and staff possess extensive knowledge and years of experience in obtaining permanent resident status for our clients.
FAMILY-BASED IMMIGRATION
A family-based immigrant visa application will allow your family members to permanently move, live, and work in the United States. The U.S. immigration law allows U.S. Citizens and “Green Card” holders to sponsor immediate relatives. The number of family visas available annually is unlimited for certain close relatives of U.S. citizens but capped for the relatives of U.S. Lawful Permanent Residents (LPRs) and the extended family of U.S. citizens.
You can rely on our knowledge of family-based immigration issues to help bring or keep your family together. We have experience in all areas of family-based immigration, including:
- "Green Card" for immediate or close family members (parents, children, and siblings) (I-130 and NVC-CEAC).
- Marriage-based I-130 and/or I-485 adjustment of status to "Green Card."
- "Green Card" for a fiancée (K-1) or spouse overseas (I-130 and NVC-CEAC)
- Petitions to Remove Conditions on residence (I-751)
U.S. CITIZENSHIP
Becoming a U.S. Citizen is a way to demonstrate your commitment to your new home and country. There are many benefits to becoming a naturalized U.S. citizen. Only citizens can hold public office, be eligible for Federal jobs, obtain scholarships and grants, and travel the world with a U.S. passport, allowing you to get assistance from the U.S. government outside the United States. Only U.S. citizens can vote in Federal elections. Citizens get priority when petitioning family members. Citizens are not subject to various grounds for deportation (except in case of revocation of citizenship).
In General, to be eligible for U.S. citizenship, the applicant must be:
- at least 18 years of age or older;
- a permanent resident (“green card” holder) for at least five (5) years or three (3) years if married and living with your U.S. citizen spouse, and actual physical presence in the U.S. for at least half of that time;
- residing within a U.S. state for at least three (3) months before applying;
- a person of good moral character; and
- able to read, write, and speak basic English.
ASYLUM
Some people come to the United States seeking protection because they have suffered persecution (affirmatively) or fear that they will suffer persecution (defensive) due to Race, Religion, Nationality, Membership in a particular social group, and/or Political opinion.
Eligible asylum applicants may be permitted to remain in the United States. Spouses and minors in the U.S. may also be included in the application. The application for Asylum ( Form I-589 ) must be filed within one (1) year of arrival to the United States. There is no filing fee to apply for asylum.
A person granted asylum is permitted to remain in the United States and cannot be deported, is authorized to work, may request permission to travel overseas, and can petition to bring family members to the United States. After one year, they may apply for lawful permanent residence (“Green Card”). After that, they must wait four (4) years to apply for U.S. citizenship
CANCELLATION OF REMOVAL
An application for Cancellation of Removal can only be made in Immigration Court before the Executive Office for Immigration Review (EOIR). If the application is approved, it will stop the deportation of the noncitizen and allow them to either retain their LPR (Legal Permanent Resident) status or acquire LPR Status (adjustment of status).
To be eligible for cancellation of removal (EOIR 42A), a permanent resident must show that they have been a lawful permanent resident for at least five (5) years, has continuously resided in the United States for at least seven (7) years and has not been convicted of an aggravated felony.
For non-permanent residents (EOIR 42B) must establish that they have been physically present in the United States continuously for ten (10) years, have been of good moral character, have not been convicted of certain criminal offenses and that their removal would result in exceptional and extremely unusual hardship to a US citizen or lawful permanent resident family member.
The immigration judge can grant or deny cancellation of removal applications. In determining whether cancellation is warranted, the judge may consider, among other things, the length of residence in the United States, family and community ties, and community service work.
CORPUZ AND ASSOCIATES, P.C. provides an in-depth review and personal consultations in which we analyze your immigration history to determine if you are eligible for citizenship and whether it is advisable to apply or not. We specialize in analyzing the applicable immigration laws and procedures on naturalization and citizenship application and determining the applicant's eligibility. If you need an experienced immigration attorney to help you with your U.S. Citizenship and Naturalization application, please do not hesitate to contact CORPUZ AND ASSOCIATES, P.C.
CORPUZ AND ASSOCIATES, P.C. is also deeply experienced in preparing and filing I-539, Extension of Stay/Change of Status, 245(i) Adjustment of Status, Asylum, Relief from Removal/Waiver of Inadmissibility, Naturalization, and Citizenship.
We assist our clients in Consular Processing (DS-160/DS-260 in CEAC-NVC), Special Immigrants, DACA, Returning Permanent Residents, and representation before USCIS Adjudicating Officer and/or Immigration Court. We resolve complex issues and determine needed support letters, audits, RFE responses, and Requests for Expedited Processing and appeals (I-290B and RFRA).
AGAIN, if you require an experienced immigration attorney to help you with your immigration petitions and applications with the USCIS, please do not hesitate to call or email CORPUZ AND ASSOCIATES, P.C.
