Immigration Information* Spanish * Russian * French
Immigrating Spouses, Parents, Sons and Daughters, and Siblings:
U.S. immigration laws have traditionally favored family reunification. Under the Immigration and Nationality Act (INA), family relationships involving spouses, children, parents, sons and daughters, and siblings provide a basis for conveying immigration benefits. The USCIS creates two broad categories for family members: immediate relatives and family-based preference categories. To avoid delays, be sure to consult with an attorney experience in immigration matters to be certain that your case is prepared properly. If your relative does not qualify under this category, he or she may be eligible for other immigration relief.
Permanent Residence from a Job Offer or Labor Certification:
Foreign national who are skilled or educated and have job offers have the possibility of immigrating to the United States. The prospective employer must first obtain a labor certification and approval of a petition. The labor certification process is one of the most complex of all immigration-related procedures. Be sure to consult with an attorney experienced in immigration matters to be certain that this is the appropriate visa category for a prospective worker. If the worker does not qualify under this category, he or she may be eligible for other immigration relief.
Professionals Working in the United States:
The H-1B nonimmigrant visa may be used to bring a worker temporarily to the United States if the employee will work in a "specialty occupation" or a professional position. The process involves both the U.S. Department of Labor and the U.S. Citizenship and Immigration Services. Be sure to consult with an attorney experienced in immigration matters to be certain that this is the appropriate visa category for a prospective worker. If the worker does not qualify under this category, he or she may be eligible for other immigration relief.
Transfer of Foreign Employees to the United States:
The smooth transfer of a company's key employees to the United Sates is of great importance. Most executives, managers and employees with specialized knowledge can come to work in the United States using the L-1 intra-company transferee visa. L-1 visa holders can often make an easy transition into permanent residence. Be sure to consult with an attorney experienced in immigration matters to see if this visa is appropriate for your situation. If the worker does not qualify under this category, he or she may be eligible for other immigration relief.
Deportation Defense:
A serious myth, fostered by the courts and the USCIS, is that the deportation process is really an "administrative determination" and not a punitive sanction. As a result of this myth and the policies which flow from it, families are divided and individuals who have resided for years in this country are deported without benefit of the constitutional protections which would be required if the punitive nature of deportation were acknowledged. As a result, knowledgeable representation in Immigration Court can be a very important protection.
Asylum and Waivers:
The Immigration Act defines a 'refugee' as any person outside the country of her or his nationality who is unable or unwilling to return to that country because of persecution or a 'well-founded fear' of persecution. Asylum may be available to individuals who are either already in the U.S., or at a U.S. land border port of entry, who can demonstrate that the acts they were subjected to, or have a well-founded fear of, amount to persecution. For asylum to be granted, the persecution must be based on the alien's race, religion, nationality, membership in a particular social group, or political opinion. Applications for asylum can be made affirmatively to the US. Citizenship and Immigration Services, or as a defense to deportation in removal proceedings.
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