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Immigration - Sarofiem & Antoun, LLC
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Immigration

Deportation, Asylum and Refugee Status, Visas and Green Cards

WHAT IS IMMIGRATION LAW?

Immigration law is a branch of law that focuses on both immigration into a country and deportation from a country. The United States immigration system functions primarily to grant immigration status based on factors such as family, work, or business merit. However, the immigration system is extremely complex and many different factors affect immigration status.

Immigration law cases include but are not limited to:

  • Family Petitions
  • Deportation and Removal
  • Asylum and Refugee Status
  • Visas (Work, Student, Fiancé, E-2)
  • Green Cards
  • Naturalization and Citizenship

DEPORTATION AND REMOVAL ISSUES

Immigration violations, as well as, criminal convictions can result in deportation, ineligibility for relief from removal, and being barred from naturalization, which is the process whereby United States citizenship is conferred on a foreign citizen or national after he or she has fulfilled certain requirements established by Congress.

ASYLUM:

Individuals may be granted asylum on a discretionary basis if it is determined that the applicant has suffered past persecution or has a “well-founded fear of persecution” on account of race, religion, nationality, membership in a social group, or political opinion in their country of origin. People seeking asylum must establish their persecution on at least one of these five grounds. Asylum applications must be filed within one year after entry into the United States, with some exceptions being granted for extraordinary circumstances.

FIANCÉ VISAS:

Are you currently engaged to a US citizen or have you proposed to a non-citizen who wishes to join you before the wedding? There are specific visas available for fiancés and fiancés, known as the K-1 and K-2 visas. The process of obtaining fiancé (e) visa requires a number of different steps, including filling out forms for the application process. It can quickly become confusing and overwhelming if you do not have a knowledgeable immigration attorney to guide you. Process of Obtaining Fiancé(e) Visas: Whether you are the US citizen or the non-citizen petitioning, you will need to submit certain evidentiary documents to prove the citizenship of one party. You will also need to satisfy other criteria in order to come to the US.

The main steps are as follows:

1. File a petition with all of the important information included.
2. If the application is approved, the petition will be forwarded.
3. The intending spouse of the US citizen will submit certain documents.
4. The intending spouse will then be interviewed in the consular office.
5. The visa will be granted by the consulate.

EMPLOYMENT VISAS:

Have you recently been offered a career opportunity in the United States? Are you interested in immigrating to the US for employment purposes? Depending on whether you are intending to immigrate temporarily or permanently, you will need to apply for a visa to live and work legally in the country.

There are numerous categories of employment-based visas, with most requiring sponsorship of the foreign national employee by their U.S. employer. Eligibility for an employment-based visa is often based on the immigrant’s unique ability, talent or professional achievement. Filing the petition with the appropriate documentation should be prepared by an attorney who is familiar with the employment – visa categories and criteria.

1. Temporary Work Visas:

a. H-1B Visa: Specialty occupation workers who hold a bachelor’s degree or an equivalent
b. O-1 Visa: Workers who hold extraordinary ability in athletics, business, arts, and science.
c. P-1 visa: Athletes who are internationally recognized, coming to the U.S to play on a team or individually.

2. Permanent Work Visas:

a. EB-1 visa: Managers and executives, workers with extraordinary abilities, and professors.
b. EB-2 visa: Workers with exceptional ability or an advanced degree.

E-2 VISA:

There is not a specific amount of the investment, as an E-2 visa determination is made case by case. They are granted for both small investments and large investments, but you must be able to prove that the business you are investing in will be or is already viable. Your qualifications and the type of business will likely be taken into account.

The requirements for obtaining an E-2 visa to come to the U.S include:

1. You must be able to document the source of your funds
2. You must be coming to the U.S yourself for development purposes
3. You must be a citizen of a treaty country
4. You must be making a substantial enough investment

STUDENT VISAS:

When you want to come to the United States to study, you need a student visa. Citizens of a foreign country may come to the United States to study at college or university, or to obtain the vocational training that may not be afforded to them in their homes.

i. There are two types of visas that are afforded to students:

1. F1 Visa for Academic Studies
2. M Visas for “non-academic“ or vocational training

ii. How Do I Apply for a Student Visa?

1. In order to apply for these visas, you must provide thorough documentation, including a signed passport and transcripts from previous educational programs as well as information about where you will be staying in the U.S. and a description of the program you have been accepted into.
2. All documentation must be filled out completely and without error or you can face additional waiting time and more money spent to re-file. In addition, documents must also be truthful. If found given false information, even if it is an honest mistake, you can risk losing the right to a student visa.

iii. What Happens Once I Am in the US?

1. Once granted a student visa, you must inform the institution or program where you plan to study. Once this has been done, you are legally able to study and live in the United States. In addition, you can later apply for a work visa or a visa extension to help you continue to live and work in the country.

GREEN CARDS:

A “green card”  gives you official immigration status – lawful permanent residency – in the United States. Green card holders may travel freely to and from the United States and are entitled to work in the United States and receive health, education, tax, retirement, social security and other benefits. A green card holder may also apply for United States citizenship.

NATURALIZATION & CITIZENSHIP:

Naturalization is the process whereby United States citizenship is conferred on a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA). All naturalization applicants must demonstrate good moral character and a favorable disposition toward the United States. Some naturalization requirements may be modified or waived for certain applicants, such as spouses of United States citizens and persons with mental or physical disabilities.

HOW CAN SAROFIEM & ANTOUN HELP YOU?

Understanding immigration and the processes involved is often difficult. At Sarofiem & Antoun, we go out of our way to simplify the process and keep our clients’ updated every step of the way. Immigration laws are constantly changing and we strive to be on the forefront of those changes in order to better help our clients. Our knowledge and expertise regarding immigration law is unmatched. We know that it can be overwhelming and confusing, As a result, we make sure to take on the load so that our clients can relax and rest assured that all of their immigration issues will be solved. At Sarofiem & Antoun, we are also tri-lingual, and are able to assist you in English, Arabic, or Spanish.

THE SAROFIEM & ANTOUN APPROACH: PERSONAL AND ZEALOUS REPRESENTATION:

Sarofiem & Antoun takes a personal yet aggressive approach to our client’s cases. We know that personal injury cases are highly emotional and a heavy burden on our clients, whether financially, physically, or both. For these reasons, we stand by our clients every step of the way – from doctor’s appointments to court trial. At Sarofiem & Antoun we are relentless and our aggressive approach ensures that our clients receive all that they are entitled to.

WE CAN HELP

GET YOUR FREE CONSULTATION

Our Firm will review your case with you, answer any questions you may have, and help you determine what you can seek damages for. We know how difficult and time sensitive personal injuries can be, so we make sure to work quickly to receive the justice you deserve.
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