Category: Immigration

Being a citizen of the United States is a requirement for legal employment, as well as many of the privileges afforded by government programs such as Medicaid and Medicare, and retirement benefits from Social Security.

If you are not born a United States Citizen, you may still be eligible for citizenship through the normal naturalization process. Naturalization is an administrative process that requires a non-citizen to comply with a whole host of immigration laws. In order to obtain citizenship through Naturalization, the following requirements must generally be met:

1. Residence in the U.S. as a legal permanent resident for 5 years, more than half of which include a physical presence in the U.S.
2. The individual seeking citizenship must not have another permanent residency in any other country during such time.
3. Meet requirements for “good character”
4. Interview with the Bureau of Citizenship and Immigration Services (BCIS)

The application and interview process for U.S. citizenship can be complicated and time consuming.  Our immigration law firm can help you navigate the very complex requirements and procedural rules of the application process.

Foreign nationals may legally enter the United States through non-immigrant visas or by attaining Permanent Residence status whereby an individual receives a Green Card. Unlike non-immigrant visas, which limit the length of stay in the U.S., a Green Card enables individuals to work and remain in the United States indefinitely. An individual may be granted Lawful Permanent Residence by United States Citizenship and Immigration Services (USCIS) through one of the following ways: employment sponsorship, employment sponsorship, family sponsorship, the annual diversity lottery, qualified investment or extenuating circumstances such as political asylum.

Employment Sponsorship
A foreign national who has a permanent employment opportunity in the United States may be eligible for Permanent Residence status through employment sponsorship. This is a multi-step process which requires the involvement of both the employer and the foreign national.  First, the U.S. employer must complete a labor certification request for the applicant and submit it to the Department of Labor’s Employment and Training Administration. Once the labor certificate request has been approved, the employer must submit an immigration visa petition (Form I-140, Petition for Alien Worker) on behalf of the foreign national. If this petition is approved by U.S. Citizenship and Immigration Services (USCIS), the foreign worker may come to the United States to live and work for a set period of time dependent upon his or her immigration visa petition approval. Finally, the foreign national must apply to adjust his or her status from a temporary worker to a permanent resident. In order to do this, the employee must complete the Form I-485, Application to Register Permanent Residence; if this form is approved by the USCIS, the foreign national will be granted a Green Card.

The process of obtaining permanent resident status through employment sponsorship is complex and time consuming.  Generally, the time frame of the application process is over two years.

Family Sponsorship
The most common way of obtaining a Green Card in the United States is through family sponsorship. Under U.S. immigration law, all U.S. citizens (including those naturalized) may sponsor immediate relatives to come live and work in the United States as permanent residents.  Immediate relatives eligible for a Green Card when sponsored by a U.S. citizen include:

• spouses
• unmarried children
• married children
• parents
• siblings

Permanent residents of the United States (individuals who hold Green Cards) may also sponsor select family members to become permanent residents of the United States. However, unlike American citizens, Green Card holders may only sponsor spouses and unmarried children.

As with employment sponsorship, applying for permanent residence through family sponsorship is a multi-step process involving the U.S. citizen or permanent resident and the related foreign national.  First, an immigrant visa petition, I-130 Petition for Alien Relative must be submitted by the sponsoring relative and approved by the USCIS. Once this initial petition has been approved, the foreign national and sponsoring relative may file Form I-485, Application to Register Permanent Residence or Adjust Status. On this form, the sponsoring American citizens or permanent residents must prove that they can support their foreign relative at 125% above the mandated poverty line. To ensure that all of the form requirements and standards of proof have been met, all individuals seeking a Green Card through family sponsorship should consult a qualified immigration law firm.

Diversity Visa Lottery
Each year, the Diversity Immigrant Visa Program makes 50,000 permanent residence visas available to applicants drawn at random. To be eligible to enter this lottery, the foreign national must be a native of a country with low rates of immigration to the United States. Applicants must also have a high school diploma (or equivalent) or have two years of work experience within the past five years in an occupation which requires at least two years of training to perform.

It is essential that all paperwork is completed correctly and on time to ensure entry into the lottery. Each year, millions of applicants are rejected for failure to comply with entry regulations. With much competition and little room for error, all applicants should work with an attorney to ensure all necessary steps are taken for entry into the Diversity Visa Lottery

Through Investment 
A foreign national who has invested, or is in the process of investing, a certain amount of capital into a new commercial enterprise in the United States may be eligible for permanent resident status.  In most cases, the alien will first obtain an EB-5 Visa which is available to foreign nationals who have invested 1 million dollars in a new commercial enterprise in the United States. The investor must also demonstrate that his or her new undertaking will create at least 10 full time jobs for American citizens or those authorized in the United States. To seek this status, the foreign national must file Form I-526, Immigrant Petition by Alien Entrepreneur. This form must be accompanied by supporting documentation demonstrating the alien’s eligibility.

Once the alien has entered the United States, he or she may file Form I-485, Application to Register Permanent Residence or Adjust Status to receive permanent resident status in the United States. With this petition, the foreign national must demonstrate that the newly created enterprise is still intact. To avoid fraud, investors seeking permanent resident status are initially granted a conditional Green Card which may be renewed after two years.

Political Asylum/Refugee Status
Individuals who are in the United States and fear returning to their native country as a result of persecution based on race, religion, sexual orientation or membership in a political or social group may be eligible to apply for permanent residence status through a request for asylum. In order to qualify, an individual must request political asylum within his or her first year in the United States. Once they are granted political asylum or refugee status, a foreign national may then apply for lawful permanent residence by filing Form I-485, Application to Register Permanent Residence or Adjust Status.

If you are looking to obtain lawful permanent residence in the United States, it is imperative that you contact a knowledgeable immigration attorney. Even the smallest mistake on paperwork or one missed deadline may hinder your chances of receiving a Green Card.  Our immigration attorneys can advise you on the best course of action to obtain permanent resident status and assist with the preparation of all forms and supporting documentation. We are available throughout the length of the application process to answer your questions and allay any concerns.

Performing Entertainers Visa

What do the Beatles, Heidi Klum, and the National Acrobats of The People’s Republic of China have in common? In order to perform in the United States, they had to get approval from the government. All foreign artists and entertainers who want to work in America must go through the United States Citizenship and Immigration Services. 

Foreign guest artists must normally obtain one of the following:

• O-1 Visa for Individuals with Extraordinary Ability or Achievement;
• P-1B Visa for a Member of an Internationally Recognized Entertainment Group;
• P-2 Visa for an Individual Performer or Part of a Group Entering to Perform Under a Reciprocal Exchange Program; or
• P-3 Visa for an Artist or Entertainer Coming to Be Part of a Culturally Unique Program.

Each of these temporary visas is appropriate in different situations. Filing for the wrong type of visa can significantly delay an entertainer’s entrance into the country.

O-1 Visa for Individuals with Extraordinary Ability or Achievement

Individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry who want to come to the United States temporarily to practice their craft are typically eligible for an O-1B Visa.

In order to obtain an O-1B Visa, the applicant must have received, or been nominated for, significant national or international awards or prizes in the particular field, such as an Academy Award, Emmy, Grammy or Director’s Guild Award, or provide evidence of at least (3) three of the following requirements: 

• Performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts or endorsements.
• Achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications.
• Performed and will perform in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials.
• A record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating or standing in the field, box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications.
• Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the beneficiary is engaged, with the testimonials clearly indicating the author’s authority, expertise and knowledge of the beneficiary’s achievements.
• A high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence.

P-1B Visa for a Member of an Internationally Recognized Entertainment Group

The P-1B Visa is available to individuals coming to the United States temporarily to perform as a member of an internationally known entertainment group.

In order to qualify for a P-1B Visa, the applicant must provide evidence demonstrating:

• At least 75 percent of the members of the group have had a substantial and sustained relationship with the group for at least one year.
• The entertainment group is internationally recognized, having a high level of achievement in a field evidenced by a degree of skill and recognition substantially above that ordinarily encountered.

P-2 Visa for an Individual Performer or Part of a Group Entering to Perform Under a Reciprocal Exchange Program

The P-2 Visa is infrequently granted. It is available only to artists and entertainers participating in a bilateral, reciprocal exchange program between an entity in the U.S. and an entity in a given foreign country. There are very few programs in existence whose participants qualify for P-2 Visas

P-3 Visa for an Artist or Entertainer Coming to Be Part of a Culturally Unique Program

Entertainers coming to the United States either individually or as a group for the purpose of developing, interpreting, representing, coaching, or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation are eligible for a P-3 Visa.

Although the program bringing the entertainer to the United States can be commercial or noncommercial nature, it is essential that the program further the understanding or development of the art form practiced by the entertainer.

Families & Support Personnel 

The immigration law recognizes that entertainers do not often travel alone. Necessary support staff and certain family members, specifically spouses and unmarried children under the age of 21, may often obtain visas allowing them to accompany entertainers temporarily working in the United States. 

If you are a performing entertainer seeking to enter the United States, you need the advice of an experienced immigration attorney to determine which visa to apply for and to guide you through the process.  Contact us today for a consultation

The U.S. has special treaties related to commerce with a number of countries.  These treaties allow individuals from such countries who need to travel to the U.S. for substantial trade and business- related activities to obtain Treaty Trader (E-1) or Treaty Investor (E-2) visas.

Requirements: E-1 Treaty Trader
Individuals from qualifying treaty countries who want to apply for an E-1 Treaty Trader Visa must meet certain requirements, such as:

1. The company which is seeking to conduct trade in the U.S. must be based in the same treaty country of the individual.
2. There must be a significant amount of international trade between the U.S. and the treaty country.
3. The individual must have specialized skills and be in a management position of the company which is conducting trade.

Requirements: E-2 Treaty Investor
Individuals from qualifying treaty countries who want to apply for an E-2 Treaty Investor Visa must meet certain requirements, such as:

1. There must be sufficient amount of investment to ensure the success of the underlying business.  It should also have a significant economic impact in the U.S.
2. The investment must be for an active, operating business and not a passive or speculative investment.
3. If the individual applying for the visa is not the investor, he or she must be in a management position at the company making the investment.

Helping Applicants Navigate the Application Process
Individuals who want to apply for an E-1 Treaty Trader or E-2 Treaty Investor Visa generally apply at a U.S. Embassy or Consulate. Applicants must submit a myriad of documents and forms and go through an interview process.  Our firm is adept at assisting individuals involved in trade or investment in navigating the complex process and necessary paperwork required for such visas.

Certain foreign countries are designated by the Secretary of Homeland Security for Temporary Protected Status (TPS). This can occur when conditions in that country temporarily prevent the country’s nationals from returning safely; for example, when a country is experiencing armed conflict, an environmental disaster or an epidemic, it might be designated for TPS. Sometimes, a country is unable to adequately handle the return of its nationals, and that might also lead to TPS.

When a country is designated for TPS, eligible nationals who are already in the United States may be granted TPS. Also, eligible individuals without nationality who last resided in the designated country may be granted TPS.

Once a country is designated for TPS, there is a registration period and eligible individuals must apply during that time. There are provisions for late applications, including for children and spouses of individuals eligible for TPS who must file their own applications.

When filing an initial TPS application, three categories of evidence must be submitted. First, identity and nationality evidence must demonstrate that the applicant is a national of a country designated for TPS or that he or she has no nationality but last resided in a country designated for TPS. Second, date of entry evidence must show when the applicant entered the United States. Third, continuously residing (CR) evidence must prove that the applicant has been in the United States for a certain duration of time depending on the immigrant’s individual circumstances. Any document submitted as evidence that is not in English must be accompanied by a certified translation.

Individuals who have been convicted of any felony or two or more misdemeanors committed in the United States may not be eligible for TPS. Those individuals subject to any of the mandatory bars to asylum (such as terrorist activity or persecution of another individual) or found inadmissible as an immigrant may not be eligible for TPS.

TPS is a temporary benefit that does not lead to lawful permanent resident status (a green card); however, once granted TPS, an individual cannot be detained by the Department of Homeland Security on the basis of his or her immigration status. Individuals who are eligible for TPS are not removable from the United States, can obtain an employment authorization document (EAD), and may be granted travel authorization. Registering for TPS does not prevent an individual from applying for any other immigration benefit or protection he or she might be eligible for. Once an individual is granted TPS, he or she must re-register during re-registration periods to maintain benefits.

If you think that your home country might have been designated for Temporary Protected Status and you are interested in applying for TPS, you should meet with an experienced immigration attorney. Contact our office today for a consultation regarding Temporary Protected Status or any other immigration matter.