immigration

Obtain a Visa

Through the U.S. Department Of State’s Bureau of Consular Affairs, you may be able to obtain a temporary work visa allowing you to remain in the United States for a fixed period of time. Visa classifications include:

• H-1B Visa, for those in specialty occupations, or H-1B1 for Free Trade Agreement professionals;

• H-2A Visa, for temporary farm and agricultural workers, or an H-2B, which is for temporary workers in non-agricultural trades;

• H-3 Visa, which are for employment trainees or special education visitors;

• L Visa-for intracompany transferee

• O Visa, for those with extraordinary abilities or achievements in the arts, education, business, science, or athletics fields, as well as for those who are nationally recognized in motion pictures or television.

• P-1 Visa, which applies to an individual or team athlete or member of an entertainment group, P-2 Visa, which covers individuals or group artists and entertainers under reciprocal exchange programs, or a P-3 Visa, which is for individuals or group artists and entertainers here to teach, coach, or perform in an area that reflects a traditional ethnicity or is culturally unique; and

• Q-1 Visa, for participant in international cultural exchange programs.

In addition to the above, there are visas which allow you to remain in the country permanently. A K1 visa, known as a fiancee visa, permits a foreign citizen to come to the U.S. for the purpose of marrying a citizen within the first 90 days or arrival. A T Visa is used for victims of human trafficking, while a U Visa may be obtained by victims of domestic abuse or sexual assault.

Obtain a Green Card

Through U.S. CITIZENSHIP AND IMMIGRATION SERVICES (USCIS), you may be able to obtain a green card, also known as a Permanent Resident Card, which allows you to work and live in the United States for an indefinite period of time. You may be eligible to apply for a green card if you are currently in the U.S., provided you meet certain eligibility requirements. These requirements vary depending on the eligibility category you file under, which include:

• Through family or marriage, if you are the immediate relative, fiancee, widower, or an abused spouse, child or parent of a U.S. citizen;

• Through employment as an immigrant worker, investor, or as a physician,provided you practice in an underserved area;

• Under special immigrant status, provided to people such as religious workers or employees of international organizations;

• Through refugee or asylee status, if you were granted asylum or admitted to the U.S as a refugee at least one year ago;

• Through status as a human trafficking or crime victim, if you are currently here on a T or U Visa;

• Through other categories, such as those concerning abuse victims, Cuban nationals, diplomats, and their children;

• Through registry, if you are eligible for a green card and have been continuously living in the U.S. since January 1, 1972.

Obtain US Citizenship or Naturalization

Under USCIS citizenship guidelines, you may apply for citizenship if you were born in the United States, or if both of your parents were U.S. citizens. Foreign citizens or nationals may apply to become a U.S. citizen through naturalization under the following circumstances:

• If they have been in the U.S. for at least five years;

• If they are the spouse of a U.S. citizen and have been in the U.S. at least three years;

• Have qualifying service in the U.S. armed forces;

• If you are a child of a U.S. citizen born outside of the country.

Other requirements for naturalization generally include having a green card, completely and submitting the appropriate forms, passing background checks and fingerprinting, completing a naturalization interview, and being able to pass English and civics exams as part of naturalization testing.

Business Immigration Issues

In today’s business climate, your company is likely to be engaged on both a national and international level. Immigration issues can become a factor, whether you are dealing with management and employees, investors, or in making business deals here and abroad.

At Alonso and Hernandez Law Firm, we can advise you on the best course of action to prevent aggressive immigration enforcement policies which could result in fines and criminal penalties, while robbing your business of valuable employees and partnerships you need to be successful. We can help ensure you are in compliance with Employment Eligibility Verification forms and processes, in addition to assisting you in obtaining employment based immigrant visas through the U.S. Department of State. These may include:

• Temporary B-1 Business Visas: For those participating in business or professional activities such as consulting, contract signings, conferences, and training.

• E-1 Visa for Priority Workers: These apply to persons with extraordinary ability in the arts, sciences, business, education, or athletic fields, as well as to outstanding professors and researchers and multinational managers or executives. Must have an approved form I-140, Immigrant Petition for Foreign Worker, but do not require labor certification.

• E-2 Visa for Professionals Holding Advanced Degrees and Those of Exceptional Ability: These must have job certification and employers must file a form I-140. Applies to workers holding a minimum of a baccalaureate degree and five years experience in the field, or for those with advanced degrees indicating uncommon abilities or knowledge in the sciences, arts, and businesses.

• E-3 Visa for Skilled Workers, Professionals, and Unskilled Workers: These apply to workers either with two years of experience, advanced degrees, or less than two years in their field. Must have job certification and Petition for Foreign Worker form.

• E-4 Visa for Certain Special Workers: These apply to such people as international broadcasters, religious workers, Iraqi/Afghani translators, foreign documents, certain former U.S. government overseas workers, and family members.

• E-5 Visa for Foreign Investors: These apply to foreign investors who make capital investments in U.S. companies that are designed to create jobs.

In addition to the above, USCIS foreign worker guidelines allow certain nonimmigrants to obtain temporary worker status for a variety of purposes, including intracompany transfers, investing, and establishing new companies or territories.

• Hardship Waivers: You may be eligible for suspension of your deportation if you have been living in the U.S. continuously for a period of seven years or more, have no criminal convictions, and your removal would result in extreme hardship for you or your spouse, child, or other family member.

Issues Impacting Your Immigration Eligibility

Inadmissibility applies to those who are prohibited from being admitted to or remaining in the United States. Under the Immigration and Nationality Act, there are certain grounds for inadmissibility, involving issues which could impact your eligibility as an immigrant. These include:

• Inadmissibility due to health, which may involve those with a communicable disease, with mental or physical disorders associated with harmful behaviors, and those who are not current on required vaccines;

• Inadmissibility due to criminal reasons, which includes committing a crime of moral turpitude, meaning one that is particularly vile or depraved, violating controlled substances laws, or committing multiple offenses;

• Inadmissibility due to national security reasons, such as being associated with gangs or terrorist organizations; Inadmissibility due to likelihood of becoming a public charge, meaning someone who is likely to become dependant on government support;

• Inadmissibility due to lack of labor certification, which is required for certain types of work visas;

• Inadmissibility due to fraud or misrepresentation, which may include falsifying documents, providing misleading information, or engaging in any deceptive practice when seeking legal immigrant status.

Other actions which could jeopardize your status as a legal immigrant include prior removals from the United States, entering or being in the country illegally, smuggling, and abusing a student visa. In any of these situations, you need the assistance of an experienced immigration lawyer who can advise you on the steps you need to take to prevent deportation and other actions which could negatively impact you or your family members. At Alonso and Hernandez Law Firm, we are dedicated to fighting for the rights of our client. We know that when the stakes are high, winning is your only option.

You may be eligible to seek asylum or refugee status in the U.S. and avoid deportation if you face persecution in your own country due to your religion, political beliefs, race, nationality, or membership in a specific social group.

While DACA does not provide lawful status, it does allow children who were brought to the U.S. to receive a two year, renewable deferment of any deportation action. This helps avoid removal while allowing them to continue to live and work in the U.S.

Depending on your immigration status, any petitions currently filed and the requirements you meet, you may be able to get a stay to avoid deportation. This can allow you the time needed to obtain citizenship or go through the naturalization process.

The decision to file for an administrative stay is not one that should be made lightly or without all the relevant information. Clearly the decision should only be made after a thorough consultation with an immigration lawyer who is well-versed in deportation-related matters. Call us today at 561 674 4640.

Once the decision is made to apply, a well-prepared and comprehensive application for stay of removal filed by an experienced and knowledgeable immigration attorney is crucial. Facing imminent execution of a removal order is terrifying but it may not be hopeless. An administrative stay of removal may allow the non-citizen to remain in this country despite the removal order. 

• Inadmissibility due to fraud or misrepresentation, which may include falsifying documents, providing misleading information, or engaging in any deceptive practice when seeking legal immigrant status.

Other actions which could jeopardize your status as a legal immigrant include prior removals from the United States, entering or being in the country illegally, smuggling, and abusing a student visa. In any of these situations, you need the assistance of an experienced immigration lawyer who can advise you on the steps you need to take to prevent deportation and other actions which could negatively impact you or your family members. At Alonso and Hernandez Law Firm, we are dedicated to fighting for the rights of our client. We know that when the stakes are high, winning is your only option.