US Immigration
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Overview
We are pleased to offer a wide scope of US immigration services, including family, employment, business, education, and tourist visas, as well as permanent residency and naturalization. A qualified US immigration attorney will personally supervise the preparation and submission of all the necessary documentation to the appropriate government agencies. We will work with you every step of the way until your case is approved.
The US has over 20 types of non-immigrant (meaning non-permanent) US visas. We offer full US immigration services. The US immigration process can be confusing and bureaucratic, but our experts are here to help. Let us help you on the road to getting your USA visa.
Non-immigrant visas
Non-immigrants constitute the largest group of people admitted to the United States each year. Although the vast majority of these temporary visitors are tourists, there are twenty-three separate categories that allow foreign citizens to enter the U.S. and engage in various types of activities.
Most non-immigrants need a visa to enter the United States. Visas are issued by the Department of States and authorize the holder to enter the U.S. within a specified time period to engage in a specified activity. Out of the twenty-three categories, only four are subject to numerical limitations: H-1B, H-2B, T-1, and U-1. Below is a detailed list of the non-immigrant visa categories:
1. A-1 ambassadors, public ministers, career diplomats and consular officers
A-2 family member of A-1 visa holders, employment is authorized
A-3 personal employees, attendants, and servants of A-1 or A-2 visa holders
2. B-1 business travelers, not allowed to work and receive compensation in the US
B-2 visitors for pleasure, tourists
3. C-1 foreign nationals in “immediate and continuous transit” through the U.S.
C-2 persons who have a right of transit to the United Nations
C-3 foreign officials in transit
4. D-1 crew members
D-2 crew members switching vessels in the U.S.
5. E-1 treaty traders: those wishing to engage in substantial trade in goods or services, on their own behalf or as an employee
E-2 treaty investors: those coming to the U.S. to direct or develop a bona fide enterprise in which they have made substantial investment
6. F-1 students wishing to pursue a full course of study at an established academic high school, college, university, seminary, conservatory, or language school
F-2 family members of F-1 visa holders
7. G-1 principal representatives of governments recognized by the U.S. to international organizations, their family members and their staff
G-2 other accredited representatives of foreign governments to international organizations
G-3 representatives of governments not recognized by the U.S. to international organizations, their family members and staff
G-4 officers and employees of international organizations and their family members
G-5 attendants, servants and employees of G-1, G-2, G-3 and G-4 visa holders
8. H-1B where there is a temporary need for labor, workers in “specialty occupations”
H-1C registered nurses
H-2A temporary agricultural workers
H-2B temporary workers in other occupations
H-3 trainees
H-4 spouses and children of persons in other H classes
9. I representatives of foreign press, radio, film, television, or other media, and their families
10. J-1 individuals accepted to participate in exchange visitor programs designated by the Department of States, including scholars, teachers, business trainees, nannies, camp counselors
J-2 spouses and children of J-1 visa holders, employment may be authorized
11. K-1 fiancees of U.S. citizens, must marry within 90 of entry
K-2 minor children of K-1 visa holders
K-3 spouses of U.S. citizens coming to the U.S. to await approval of immigrant petition
K-4 minor children of K-3 visa holders
12. L-1 managers or executives of multinational corporations being transferred to the U.S. to aid or initiate business operations
L-2 spouses and children of L-1 visa holders, employment is authorized
13. M-1 vocational or non-academic students coming to pursue a course of study at a recognized vocational or non-academic institution
M-2 spouses and children of M-1 visa holders
14. N certain relatives of international organization employees; those meeting certain residence requirements may eventually become permanent residents of the U.S.
15. O-1 people with extraordinary ability in the sciences, arts, education, business, or athletics
O-2 those accompanying or assisting the artistic or athletic performance of an O-1 visa older
O-3 spouses and children of O-1 or O-2 visa holder
16. P-1 athletes or artists entering to participate in international competitions
P-2 artists and entertainers coming to the U.S. under reciprocal exchange programs
P-3 artists or entertainers who perform, teach, or coach in a culturally unique program
P-4 spouses and children of P non-immigrants
17. Q-1 international cultural exchange participants
Q-2 certain northern Irish cultural exchange participants
18. R-1 religious workers
R-2 spouses and children of R-1 status holders
19. S those invited at the request of federal or state law enforcement agencies for the purpose of imparting reliable information necessary for the successful prosecution of a criminal or terrorist organization
20. T victims of human trafficking – primarily aimed at prevention of exploitation of women and girls in the sex trade, status also available to immediate family members of primary victims
21. U victims of domestic violence
22. V relatives of lawful permanent residents entering the U.S. to join their petitioning family member while waiting for their immigration petition to be approved
23. TN Canadian and Mexican professionals availing themselves of NAFTA provisions to take up offered employment in the U.S.
Permanent residency in the U.S.
There are three most common ways to obtain permanent residency in the U.S. – through family, through employment, or through the diversity visa lottery.
I.
Family members of U.S. citizens and permanent residents who wish to immigrate to the U.S. may apply for a green card based on their family relationship.
Below is a list of categories that qualify for a family-based green card:
1. spouse of a US citizen
2. spouse of a US permanent resident [green card holder]
3. child [including adopted] of a US citizen
4. sibling of a US citizen
5. parent of a US citizen
6. unmarried child of a US permanent resident
While certain family-based categories are considered “immediate relatives”, others may have to wait for several years until a visa number can be allocated to them. It is always important to start the process by filing a petition, and our attorneys can provide all the necessary assistance and guidance in this process.
II.
The second way to obtain a US green card is through employment. This process is much more complex and drawn out than the family route, but it is nonetheless very popular, so much so that there are very long wait periods in most employment-based categories, and the whole process can take many years to complete.
There are likewise several preference categories of employment-based applicants who may apply for a green card in his manner. They are:
1. first preference: persons with “extraordinary abilities” in their fields outstanding professors and researchers managers and executives of multinational companies
2. second preference: professionals with advanced degrees persons with exceptional abilities in the sciences, arts, or business those involved in activities substantially benefiting U.S. national interests [national interest waiver]
3. third preference: skilled workers in short supply professionals holding baccalaureate degrees other workers in short supply
4. fourth preference: certain special immigrants – principally, religious workers
5. fifth preference: employment creation and investment – for those investing in new commercial enterprises benefiting the U.S. economy and creating jobs for U.S. citizens
To qualify for the second, third or fourth preference category, foreign workers must already have a job offer in the U.S. and an employer willing to sponsor them.
III.
Diversity Immigration
55,000 visas are set aside each year to be awarded to applicants from certain countries, selected each year from among those that have been underrepresented in the overall immigration pool into the United States in the previous five years. Those selected must obtain immigrant status by the end of the fiscal year. Many more are selected than are ultimately approved for permanent residence, and it is therefore vital to for the “winners” to take steps to acquire immigrant status as soon as possible.
All permanent residents are eligible to apply for U.S. citizenship after five years or, in the case of those who received their green cards based on marriage to a U.S. citizen and who are still married to the same person, after three years.