Local NYC Immigration Lawyers Who Care

If you’re an entrepreneur, or investor, you have several amazing options available to you. While only a limited number of investor visas are granted each year, there are several options. One option is an EB-5 VISA, which requires an investment of anywhere from $1,000,000 to $500,000 in certain rural areas, or places with high unemployment. There are also requirements on how many jobs are created, or maintained, and your position in the business. Other options include E-1 Treaty Trader and E-2 Treaty Investor visas, if you’re a national in a country in which the USA has a treat of commerce and navigation. The dollar amount required for these visas is less than an EB-5 visa. Although E-1 and E-2 are nonimmigrant visas, you can petition for permanent residency if you increase your investment above the EB-5 financial threshold.

If you work with an immigration attorney, you have rights. Below are examples of those rights:

You have the right to a written contract/statement, which explains the work they attorney will do on your case and the fees that will be charged for the work. You have the right to be kept informed about the status of your case, and what’s been filed. More importantly, you have the right to a copy of any form or document submitted in your case. You have the right to a complete accounting of all costs, and receipts for anything.

Being undocumented in the USA doesn’t necessarily mean you’ll be subject to a 3 or 10 year ban. We can help explore the options you have with you. You could fall into an exception, like DACA, or VAWA. Your individual situation will determine what you qualify for.

Green cards, also known as permanent residence visas, are difficult to get. It’s highly recommended you hire an immigration lawyer who can help you get through the process. If you have even one error, it can create problems and jeopardize your chances of qualifying. Once approved though, you are issued a temporary green card which is valid for two years. If you remain in good standing during those two years, you can apply for a permanent residency status – good for 10 years.

Visa, is a type of documentation which grants an immigration the privilege of remaining/working in the USA. There are many types of visas available, like student visa, work visa, fiancee visa, family visa, employment visa, etc. We can help you understand what visa is right for you by evaluating your situation and then discussing with you further.

Persons from other countries seeking to enter the United States need a visa and often obtaining the Visa is a routine matter.

However, there are cases under no circumstances where a Visa will be denied. There are no exceptions, or waivers.

These instances include cases where people are:
• Drug abusers or addicts
• Drug traffickers
• Spies
• Terrorists
• Nazis
• Likelihood of becoming dependent on public assistance or welfare

Categories in the above-mentioned list cannot be waived for any reason. A person found to fall into one of these categories will not get a visa and there is no process for appealing the denial for a vista.

However, few people seeking to enter the United States are unlikely to identify themselves as drug traffickers, spies or Nazis. Thus, there will be cases where people will see to obtain visas through other means, and it is later discovered that the person presented false information to the United States Government.

It is important to understand what a visa is. It is not a passport. It is a separate document. According to the U.S. Department of State—Bureau of Consular Affairs, “A citizen of a foreign country who seeks to enter the United States generally must first obtain a U.S. visa, which is placed in the traveler’s passport, a travel document issued by the traveler’s country of citizenship.

There are many ways that persons falling into the above-named groups could seek a visa.
There are a number of categories for which visas can be allowed including:

• Spouse of a U.S. Citizen
• Finance to marry U.S. Citizen and live in U.S.
• Certain family members of U.S. Citizens
• Certain family members of lawful permanent residents
• Employer sponsored–Employment(this includes a list of sub-categories
• Religious Workers
• Iraqi and Afghan Translators/Interpreters
• Iraqis who worked for/on behalf of the U.S. Government
• Returning Resident

This is only a partial list of the various categories of visa that are available. Often there are situations where certain conditions may be waived to allow the person to enter the country. Thus, a person who runs with spies or drug traffickers, could seek residency in the United States using another visa category and possibly having some minor infraction waived.

However, if it is discovered that a person falls into one of the forbidden categories, the visa will be denied or revoked, and the person can face possible prison time in the United States and then deportation upon his release.

Visas are granted for many valid and honorable reasons. However, in many cases, people take improper advantage of the visa program. This can range from a relatively minor offense such as overstaying the time allowed by the visa to engaging in illegal activities or working as an agent of a foreign country without the proper permission.

Visas can also be canceled or revoked at any time for a variety of reasons. This cancellation does not mean that the person will be denied entry into the United States or will be forced to leave.

It has to be remembered that visas involve paperwork, like most government programs. Therefore, the U.S. embassy or consulate may stamp a visa as “Cancelled Without Prejudice.” This means that a mistake must be corrected before the visa is approved. The “without prejudice” notification indicates that the cancellation does not affect the applicants’ eligibility or ability to obtain the immigration benefits. However, the mistake or omission must be corrected.

Often securing a visa in one of the categories in the prior list will lead to securing a Green Card, which will allow permanent residency in the United States. It takes a number of years of “naturalization,” before the holder can apply for U.S. Citizenship. There are other cases where citizenship may be sought, with the most direct method being to join the U.S. Military. However, a background check is likely to be required.

Immigrants who have H-1B status in the United States are always registered as employees of designated employers initially, called sponsors within the system, but visa holders often lose their job for a variety of reasons only to be left to find other employment in order to stay in the United States legally. There are several standard rules that ISCIS follows when this happens, usually based on the immigrant status that the visa holder receives after termination or layoff. Married couples who both possess legitimate visas are a prime example of how status change can create an urgency for finding subsequent employment if only one member of the home is reclassified. In addition, those who have certain technical skills can also be classified in employment fields that are in high demand within the United States, often qualifying them as urgently needed workers. Regardless of the resulting status of an H1-B visa holder because of employment interruptions there is a compliance process for employers and potential employees visa holders alike.