Asylum is a form of protection that allows individuals who are in the United States to remain here, if they have been persecuted in the past or have a well founded fear of persecution in his or her home country based on race, religion, nationality, political opinion or membership in a particular social group. Asylum applicants may apply for asylum even if he or she entered the U.S. illegally or if he or she is in the U.S. on an expired visa/I-94. Generally, asylum applicants must apply for asylum within one (1) year of their arrival in the U.S., but there are several exceptions which will allow the filing of an asylum application after one year. After the asylum petition has been pending for 180 days, the asylum applicant may apply for a work permit. Once the asylum petition has been approved, the applicant is an approved asylee. An approved asylee may adjust his/her status to permanent resident (Green Card) and later obtain US citizenship.

For whom is Political Asylum appropriate?

Foreign nationals in the US who are unable or unwilling to return to their home country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, or membership in a particular social or political group

What are the requirements for obtaining Political Asylum?

The burden of proof is on the applicant for asylum to establish that he has a credible fear of persecution. The applicant may qualify as a refugee either because he has suffered past persecution or because he has a well-founded fear of future persecution.

An applicant shall be found to qualify on the basis of past persecution if he can establish that he has suffered persecution in the past in his country of nationality or last habitual residence on account of race, religion, nationality, membership in a particular social group, or political opinion, and that he is unable or unwilling to return to or avail himself of the protection of that country owing to such persecution.

An applicant shall be found to have a well-founded fear of persecution if he can establish first, that he has a fear of persecution in his country of nationality or last habitual residence on account of race, religion, nationality, membership in a particular social group, or political opinion; second, that there is a reasonable possibility of suffering such persecution if he were to return to that country; and third, that he or she is unable or unwilling to return to or avail himself self of the protection of that country because of such fear.

A US citizen or permanent resident may sponsor their family members for permanent residency and/or US citizenship. For immediate relatives of US citizens (spouses, parents and unmarried children under age of 21), the process is streamlined and all the paperwork can be filed at the same time.

For whom is a Family Based Green appropriate?

US citizens may sponsor:

• A husband or wife;
• An unmarried child under 21;
• An unmarried son or daughter over 21;
• A married son or daughter of any age; or
• A parent, if the petitioner is 21 or older.

US permanent residents may sponsor:

• A husband or wife; or
• An unmarried son or daughter of any age.

All others must undertake a three stage process:

• The petitioner must file an immigrant petition for his or her relative;
• The beneficiary must wait for an immigrant visa number to become available; and
• If the relative may apply then apply for permanent residency and obtain a green card.

The filing of an immigrant petition does not give the beneficiary legal status. If the beneficiary wishes to wait for an immigrant visa number in the US, he or she must obtain a nonimmigrant family visa or work visa. Otherwise, the beneficiary must wait outside of the US.

What are the requirements for obtaining a Family Based Green?

The Immigration and Nationality Act allows for the immigration of foreigners to the United States based on relationship to a US citizen or legal permanent resident. Familybased immigration falls under two basic categories: unlimited and limited.

Immediate Relatives of US Citizens (IR): The spouse, widow(er) and unmarried children under 21 of a US citizen, and the parent of a US citizen who is 21 or older. (Unlimited)

Returning Residents (SB): Immigrants who lived in the United States previously as lawful permanent residents and are returning to live in the US after a temporary visit of more than one year abroad. (Unlimited)

Family First Preference (F1): Unmarried sons and daughters of US citizens, and their children, if any. (23,400)

Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents. (114,200)

At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters.

Family Third Preference (F3): Married sons and daughters of US citizens, and their spouses and children. (23,400)

Family Fourth Preference (F4): Brothers and sisters of United States citizens, and their spouses and children, provided the US citizens are at least 21 years of age. (65,000)

The immigration laws of the United States, in order to protect the health, welfare, and security of the United States, prohibit the issuance of a visa to certain applicants. Examples of applicants who must be refused visas are those who: have a communicable disease such as tuberculosis, have a dangerous physical or mental disorder, or are drug addicts; have committed serious criminal acts; are terrorists, subversives, members of a totalitarian party, or former Nazi war criminals; have used illegal means to enter the United States; or are ineligible for citizenship.

EB1 & NIW Self-Sponsorship

There are two ways in which a foreign national can bypass the requirement of a job or job offer and labor certification/PERM and apply for U.S. permanent residence. They are the priority worker EB1 category for Aliens of Extraordinary Ability and the exceptional worker EB-2 National Interest Waiver (NIW) category. Although these two are part of the employment based immigrant categories, neither require actual employment or even a job offer prior to the filing of the application or its approval.

The requirements for each category are quite stringent and a casual observer may believe that a Nobel prize is required to get an EB1 petition approved. This, however, is not the case. Likewise, the NIW requirements can be overcome with a strong legal argument.

The benefits of the EB1 and NIW are enormous: Speed, Cost, and Freedom.

• A normal labor certification application (PERM) process can take years. The labor certification must be approved by the U.S. Department of Labor before the the employer can even file a sponsorship petition with USCIS. EB1/NIW petitions can be concluded within one year.
• A PERM Labor certification requires costly advertising fees and the employer is burdened with the monetary and time expense. Employers may attempt to pass these costs on to the employee through lower wages.
• While a PERM and the ensuing USCIS immigrant petition filed by the employer are pending the employee is tied to the petitioning employer until the process is completed. During this time, the employer wields an enormous amount of power over the employee, which places the employee in a very weak position. If in the United States, an applicant may submit both an EB1 and an NIW petition simultaneously. At the same time, the foreign national may apply for permanent residence for him or herself and his or her spouse and children. When a permanent residence application is filed, the applicant and the spouse may also apply for work permits and travel documents (Advance Parole) to be used during the pendency of the permanent residence application (AOS). The work permit allows its holder to work for any United States employer and the travel document allows and enables its holder to travel internationally during the pendency of the AOS process without abandoning their petitions.

EB1-EA Green Card

The EB1-EA green card is for aliens of extraordinary ability engaged in the arts, sciences, business, education or athletics. No job offer or labor certification is required. An EB1-EA petition may be filed simultaneously with another green card application. One petition may be approved faster than the other and can offer additional protection if one petition should be denied while another is approved.

In order to qualify for the EB1-EA, the applicant must either have won a Nobel Prize OR show documentation in three (3) of the following areas:

• Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
• Membership in associations in the field that demand outstanding achievement of their members, as judged by recognized national or international experts;
• Published material about the foreign national in professional or major trade publications;
• Evidence that the foreign national is a judge of the work of others in the same field;
• Evidence of the foreign national’s original contributions of major significance to the field;
• Authorship of scholarly articles;
• Display of the the foreign national’s work at artistic exhibitions or showcases;
• Evidence the foreign national has performed in a leading or critical role for organizations that have a distinguished reputation;
• Evidence that the foreign national commands a high salary in relation to others in the same field; or
• Evidence of commercial success in the performing arts.

For whom is an EB1-EA Green Card appropriate?

Foreign nationals who have received either national and/or international acclaim for outstanding achievements in the field of Arts, Sciences, Education, Business or Athletics and their immediate family members.

What are the requirements for obtaining an EB1-EA Green Card?

Extraordinary ability means a level of expertise indicating that the individual is one of that small percentage who has risen to the top of his or her field of endeavor. To be considered as an foreign national with extraordinary ability, the foreign national in question must have sustained national or international acclaim in the field of science, art, education, business or athletics, which must be recognized in the form of extensive documentation. The foreign national must be seeking to enter the United States to continue work in the field, and the entry of such a foreign national must be deemed to substantially benefit prospectively the United States.

Although no offer of employment (including PERM labor certification) is required, for foreign nationals with extraordinary ability the foreign national must include with the petition convincing evidence that he/she is coming to the U.S. in order to continue work in the same area of expertise.

EB1-OR Green Card

The EB1-OR green card category is for outstanding professors and researchers. An EB1-OR petition may be filed simultaneously with another green card application. One petition may be approved faster than the other and can offer additional protection if one petition were to be denied while another is approved.

In order to qualify for the EB1-OR, the applicant must:

• Be internationally recognized as outstanding in a specific academic field;
• Have a minimum of three years experience in either teaching and/or research in a particular field; and
• Seek to enter the U.S. in a tenure or tenure-track teaching or comparable research position at a university or other institution of higher education OR in a comparable research position with a private employer under specifically presecribed criteria.

For whom is an EB1-OR Green Card appropriate?

Outstanding professors and researchers who have at least three years experience either in teaching or research in their field and received international recognition for their work and their immediate family members.

What are the requirements for obtaining an EB1-OR Green Card?

Outstanding professors and researchers are recognized internationally for their outstanding academic achievements in a particular field. In addition, an outstanding professor or researcher must have at least three years experience in teaching or research in the particular academic field, and seeks to enter the US. in a tenured or tenure track teaching or comparable research position at a university or other institution of higher education. If the employer is a private company rather than a university or educational institution, the department, division, or institute of the private employer must employ at least three full time researchers dedicating themselves to research activities and who have achieved documented accomplishments in an academic field.

EB1-ET Green Card

The EB1-ET green card is for multinational executives and managers. A multinational executive or manager may qualify for the EB1-ET green card if he/she has been employed outside the U.S. by the parent company of the U.S. employer in either a managerial or executive capacity, for at least one of the three years immediately preceding the filing of the petition, or, if already in the U.S., for at least one of the three years preceding entry to the U.S. as a nonimmigrant. Other green card applications may be filed simultaneously.

For whom is an EB1-ET Green Card appropriate?

Executives of multinational companies in a managerial or executive capacity in L visas and their immediate family members.

What are the requirements for obtaining an EB1-ET Green Card?

A multinational manager or executive is eligible for priority worker status if he/she has been employed outside the US. in the three years preceding the petition for at least one year by a parent firm or corporation to the U.S. petitioning employer and is seeking to come to the U.S. in order to continue working for that company or organization. The minimum one year prior employment must have been outside the United States, in a managerial or executive capacity, and with the same parent company, affiliate, or subsidiary of the U.S. employer.

The petitioner must be a US. employer, having conducted business in the U.S. for at least one year, and which is either an affiliate, subsidiary or the same employer as the firm, corporation or other legal business entity that employed the foreign national abroad.

VAWA (Violence Against Women Act)

The Violence Against Women Act (VAWA) provides some protection to immigrants. Passed in 1994, VAWA allows spouses (husband or wife) and their children who were victims of abuse (physical and/or psychological) by their US citizen or permanent resident spouse to self-petition and obtain a green card regardless of their marital status. In some instances, the abused spouse may file for permanent residence two years after his or her divorce.

For whom is VAWA appropriate?

An abused spouse (husband or wife) or child of a US citizen or lawful permanent resident.

What are the requirements for obtaining benefits through the VAWA?

The self-petitioning spouse:

• Must have been legally married to the US citizen or lawful permanent resident batterer. A self-petition may be filed if the marriage was terminated by the abusive spouse’s death within the two years prior to filing. A self-petition may also be filed if the marriage to the abusive spouse was terminated, within the two years prior to filing, by divorce related to the abuse.
• Must have been battered in the United States unless the abusive spouse is an employee of the United States government or a member of the uniformed services of the United States.
• Must have been battered or subjected to extreme cruelty during the marriage, or must be the parent of a child who was battered or subjected to extreme cruelty by the US. citizen or lawful permanent resident spouse during the marriage. The self-petitioning child:
• Must qualify as the child of the abuser as defined in the INA for immigration purposes.

O1 Visa Details

The O-1 visa is designated for aliens of extraordinary ability in the sciences, arts, education, business or athletics. The O-1 visa is suitable for artists, athletes, entertainers, high-end culinary chefs and business executives/entrepreneurs who otherwise do not possess academic diplomas. There is no prevailing wage requirement for this category and the O-1 visa may be extended indefinitely. There is no numerical limit to the number of O-1 visas issued each year.

The O-1 visa is a good option for J-1 visa holders who are subject to INA §212(e) and have not obtained a waiver. The J-1 visa holder can apply for an O1 visa at a U.S. consulate in Canada or Mexico, if he’she does not wish to travel back home and apply in the home country.

Scientists, educators, business persons and athletes who wish to qualify for the visa must show three (3) of the following in the list below:

• Receipt of nationally or internationally recognized prizes/awards for excellence in the field;
• Membership in associations in the field that require outstanding achievement of their members, as judged by recognized national or international experts;
• Published material in professional or major trade publications or major media about the alien;
• Participation on a panel or as a judge of the work of others in the same or an allied field of specialization;
• Original scientific, scholarly, or business-related contributions of major significance;
• Authorship of scholarly articles in professional journals or other major media;
• Current or previous employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation; or,

Past or proffered high salary or other remuneration for services, evidenced by contracts or other reliable evidence. Artists and Entertainers (except TV or movie stars) who wish to qualify for the visa must show three (3) of the following from the list below:

• as performed/will perform services as a lead/starring participant in productions/events with distinguished reputations as shown by critical reviews, ads, publicity releases, publications, contracts, or endorsements; • National/international recognition for achievement through critical reviews, other published materials by or about the beneficiary in major papers, trade journals/magazines, etc.; • Has performed in a lead, starring or critical role for organizations and establishments that have a distinguished reputation evidenced by media articles, testimonials, etc.; • Has record of major commercial or critically acclaimed success; • Has achieved significant recognition from organizations, critics, government agencies, recognized experts; • Has commanded or will command a high salary/other remuneration in relation to others in the field.

Artists and Entertainers in connection with TV or Movies who wish to qualify for the visa must show a very high level of accomplishment in the motion picture or television industry evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent that the person is recognized as outstanding, notable, or leading in the motion picture or television field.

Spouses and children of the O1 visa holder may obtain an O-3 visa to enter and remain in the US. The O3 visa holder may attend school but if he or she wishes to work, he or she must change his or her status to obtain a work visa.

For whom is an O1 Visa appropriate?

Foreign nationals who have received major prizes or awards or other recognition for outstanding achievements in the field of arts, sciences, education, business or athletics AND with a job offer from a US. company

What are the requirements for obtaining an O1 Visa?

An O1 classification applies to:

1. An individual alien who has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and who is coming temporarily to the United States to continue work in the area of extraordinary ability; or
2. An alien who has a demonstrated record of extraordinary achievement in motion picture and/or television productions and who is coming temporarily to the United States to continue work in the area of extraordinary achievement.

O2 Visa

The O-2 visa is designated for persons that accompany and assist an O1 visa holder in a specific athletic or artistic event or in the motion picture or television industry. O2 visas are not available for those who accompany or assist O1 visa holders in education, science, or business.

Spouses and children of the O-2 visa holder may obtain an O3 visa to enter and remain in the US. The O-3 visa holder may attend school but if he or she wishes to work, he or she must change his or her status to obtain a work visa.

For whom is a O2 Visa appropriate?

Essential support personnel of O1 visa holders

What are the requirements for obtaining an O2 Visa?

An O-2 classification applies to an accompanying alien who is coming temporarily to the United States solely to assist in the artistic or athletic performance by an O-1. The O-2 alien must:

1. Be an integral part of the actual performances or events and possess critical skills and experience with the O1 alien that are not of a general nature and which are not possessed by others; or
2. In the case of a motion picture or television production, have skills and experience with the O-1 alien which are not of a general nature and which are critical, either based on a preexisting and long standing working relationship or, if in connection with a specific production only, because significant production (including pre- and post-production) will take place both inside and outside the United States and the continuing participation of the alien is essential to the successful completion of the production.

O3 Visa

An O-3 visa may be obtained by an O1 or O2 visa holder’s spouse and minor children. An O-3 visa holder may remain in the U.S. as long as the primary O1 or O2 visa holder remains in legal status. An O3 visa holder may change his or her status in the US by applying to USCIS.

Employment

An O3 visa holder may not accept employment. He or she must apply for and obtain a work visa.

Study

An O3 visa holder may engage in full or part time study while residing in the U.S.

For whom is a O3 Visa appropriate?

Spouse and children of O visa holders who wish to visit or accompany the O visa holder to the United States.

What are the requirements for obtaining an O3 Visa?

The spouse and unmarried minor children of the O1 or O2 alien beneficiary are entitled to O3 nonimmigrant classification, subject to the same period of admission and limitations as the principal O-1 or O-2 beneficiary, on the condition that they are accompanying or following to join the foreign national beneficiary in the United States. Neither the spouse nor a child of the alien beneficiary may accept employment unless he or she has been granted employment authorization by USCIS.

K1 Visa

The K1 visa permits the K1 visa holder Fiance(e) to enter the U.S. for a 90-day period to marry the petitioner and apply for permanent residence (green card) and obtain a work permit. Once the visa is issued, the K1 visa holder has six months to enter the US for the purpose of marriage.

We will be happy to see you and your fiancé(e) through the process and make sure that things go as smoothly as possible. Mishandling of the K1 fiancé(e) visa application may result in lost time, visa denials or arrest and deportation of the fiancé(e) where the USCIS suspects fraud. If you are already married, then you may want to apply for a K3 visa.

For whom is a K1 Visa appropriate?

Fiancé(e) of a U.S .citizen to enter the US and marry within 90 days.

What are the requirements for obtaining an K1 Visa?

US citizens who will be getting married to a foreign national in the United States may petition for a fiancé(e) classification (K1) for their fiancé(e). You and your fiancé(e) must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancé(e) in person within the last two years before filing for the fiancé(e) visa. This requirement can be waived only if meeting your fiancé(e) in person would violate long-established customs, or if meeting your fiancé(e) would create extreme hardship for you. You and your fiancé(e) must marry within 90 days of your fiancé(e) entering the United States.

You may also apply to bring your fiancé(e)’s unmarried children, who are under age 21, to the United States.

K2 Visa

A K2 visa may be obtained by a K1 visa holder’s minor children. A K2 visa holder may enter the U.S. with the K1 visa holder or can enter/be admitted at a later time.

For whom is a K2 Visa appropriate?

Unmarried children under age 21 of K1 fiancé(e) visa applicants

What are the requirements for obtaining an K2 Visa?

A child of the K1 visa holder may be accorded the same nonimmigrant classification as the original K-1 Fiance(e) visa beneficiary, if accompanying to the U.S. or following to join him or her at a later date.

K3 Visa

The K-3 visa enables the spouse of a U.S. citizen to enter the United States and remain in the U.S. while their already filed permanent residence (“green card”) application is being processed and waiting to be approved. The K3 visa holder may obtain a work permit while in the US.

We will be happy to assist you and your wife/husband through the process and ascertain that process proceeds as smoothly as possible. Mishandling of the K-3 visa application by using “self-help” and attempting to do it yourselves (or worse yet, using a “notario” or a so-called “immigration consultant”) may result in lost time, visa denials or even arrest and deportation of the spouse, in situations where USCIS suspects fraud. If you are not yet married, you may want to apply for a K1 visa.

Children of the K3 visa applicant may obtain a K4 visa to enter the U.S. together.

For whom is a K-3 Visa appropriate?

Spouses of U.S. citizens who are waiting abroad for an immigrant visa (“green card”).

What are the requirements for obtaining an K-3 Visa?

A person may receive a K-3 visa if that he or she:

• has entered into a valid marriage with a citizen of the United States;
• has a “relative petition” filed by the US. citizen spouse for the person;
• wishes to enter the United States to await the approval of the petition and subsequent lawful permanent resident (“green card”) status, and,
• has an approved Petition for Alien Fiancé(e), forwarded to the American consulate abroad where the foreign national wishes to apply for the K-3 visa. The consulate must be in the country in which the marriage to the US. citizen took place if the United States has a local consulate which issues immigrant visas in that country. If the marriage took place in the United States, the designated consulate is the one with jurisdiction over the current residence of thee foreign national spouse.