The nonimmigrant visa classification covers a broad range of visas for foreign nationals to enter the U.S. for work, pleasure or study. Nonimmigrant temporary visas typically require the foreign national to demonstrate nonimmigrant intent. To satisfy nonimmigrant intent, the foreign national must demonstrate that he/she has a permanent residence in their home country and do not plan on abandoning their residence abroad.
The duration of time in nonimmigrant status can vary from a few days to several years, depending on the type of nonimmigrant temporary visa obtained. Spouses and unmarried children under age 21 can usually enter the U.S. in dependent nonimmigrant status to accompany the primary nonimmigrant visa holder. In very special circumstances, some nonimmigrant temporary visas permit “dual intent.” This means that a foreign national may enter the U.S. with a nonimmigrant visa, but still be permitted to pursue permanent residence (a “green card”) in the U.S. while in that nonimmigrant status. This is common if the foreign national is enrolled in an American university or is working long term in the United States.
Student visas and work visa are both examples of temporary visas. There are a number of visa options for each of these situations and the visa required will vary on each individual situation. For example, F-1 visas are the most common for students entering the United States, however, special circumstances can require a J-1, M-1, or even Q visa. There are even more options for work visas and the individual circumstance will determine which temporary visa is needed. Of course, you can find detailed information on all student and work visas by clicking on the visa options in the right-hand column.
Getting a temporary visa can be a complex process and legal counsel is always recommended. Please contact our firm to inquire more about the temporary visa option that is best for your situation.
Permanent immigration is the ultimate goal of many people entering or planning to enter the U.S. Lawful permanent residency offers individuals many benefits, including the freedom to live and work permanently in the U.S. Because new regulations significantly affect how foreign nationals may qualify for permanent visas, our law firm provides up to date information about these changes.
As a general overview, immigrants to the U.S. are divided into two categories of permanent immigrant visas: individuals who may acquire permanent residency without numerical limitation and individuals who are subject to a yearly limitation.
For the second category of permanent immigrant visas, there are three sub-categories: family-based; employment-based; and diversity immigrants.
Persons can be eligible for permanent visas through their family, employment, or asylum—in addition to numerous special provisions. Generally, those applying for permanent visas will also need to be eligible for one of the immigrant categories stated in the Immigration and Nationality Act (INA). Additionally, a qualifying immigrant petition must be filed and approved. Finally, an immigrant visa must be readily available.
Family-based permanent visas work differently, however. Immediate relatives of U.S. citizens do not have to wait for a visa to become available. Immediate relatives are defined as parents, spouses, or unmarried children (under the age of 21) of a U.S. citizen.
In terms of employment-based permanent visas, those who seek permanent residence can apply when an immigrant visa number becomes available under employment-based preferences, such as:
– First Preference: Priority workers, professors and researchers, and specific multinational executives and managers
– Second Preference: Members of professions which require an advanced degree
– Third Preference: Skilled workers, professionals, and other qualified workers
– Fourth Preference: Immigrants involved in religious vocations
– Fifth Preference: Employment creation immigrants, such as investors
For more information regarding immigration law, explore our website. You can also contact Orbit Law here or give us a call at 206.623.3352.
We know how hard you have worked to obtain Permanent Residence, and for many of you, the ultimate dream is to become a U.S. Citizen. However, obtaining citizenship is far more complex than just filling out a form after you have been a Permanent Resident for a specified number of years. At Orbit Law, PLLC in Seattle, WA we have mastered the complexities of nationality law, and can guide you through the intricacies in your quest to become an American citizen. If you have criminal record, speaking to an experienced attorney who is knowledgeable about the potential impact of a particular crime is even more important before you apply for citizenship.
In filing for naturalization, you will need to fill out and file Form N-400 Application for Naturalization. Within filing, there are a number of requirements you must meet in order to become a citizen of the United States and here at Orbit Law, PLLC, we can help you fulfill these requirements. If you are 18 years or older and have been a legal resident of the United States for five years, you meet some of the most important criteria for naturalization. There are exceptions to the later requirement and we can help determine whether or not you are eligible for an exception.
Additionally, you will have to pass a rigorous citizenship test. This is notoriously hard and even many natural born citizens struggle with some of the answers. You will need to pass the citizenship test in order to become naturalized as a citizen of the United States.
If you desire to become a naturalized citizen of the United States, Orbit Law, PLLC is here to help. We have the knowledge and resources necessary to help Seattle residents become naturalized citizens. Contact us here to get started today!
To further explain the requirements above, a list of factors which impact eligibility are listed below:
– Person must request political asylum at a port of entry (airport, seaport, border crossing) or file an application within one year of arriving in the U.S.
– Person may request asylum after one year, so long as conditions in their country have changed in the past year and those changes impacted asylum eligibility.
– In the case of certain circumstances which prevent the person from filing for political asylum within one year of arrival, the person may be excused from the one-year deadline.
In addition to requesting asylum within one year of arrival to the U.S., as well as asking at a port of entry, other factors will impact the application procedure. Though denials of asylum are relatively seldom, failing to hold a scheduled appointment for interview without good cause is one reason for denial and deportation. See below for more information regarding the political asylum application procedure:
– The USCIS is required to conduct an interview for asylum within 60 days of the claim being filed.
– If the officer does not deem the claim grantable, the person will be referred for deportation to the Executive Office of Immigration Review (EOIR).
– To request asylum, the person must fill out a USCIS Form I-589. The form does not require a fee.
– Asylum processing is often completed with 180 days after filing the request.
– The political asylum applicant should send their form to the USCIS Service Center that has jurisdiction over their place of residence. If the person has been placed before an Immigration Judge, they should file the form within the Immigration Court.
Since the available forms of relief from removal depend on many factors, such as whether you are a legal permanent resident, whether you committed a crime, and the length of time you have been in the U.S, it is crucial that your case is well-researched and well-prepared. We have an established track record of helping individuals with difficult cases win relief in Immigration Court.
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