Immigration Debate

In today’s highly-charged political climate, there are only a handful of issues that share the spotlight with immigration. While most of the political debate surrounds illegal immigration, the fallout unfortunately affects those who seek to enter the country legally. That’s why a U.S. immigration and visa lawyer is essential to successfully navigating the maze of laws relating to business-based immigration.

Temporary and Permanent Business Immigration

Broadly speaking, business immigration can necessitate one of two types of visas: temporary visas (also known as non-immigrant visas) and permanent employment visas (also known as green cards or permanent resident cards).

There are several types of temporary visas, but two of the most common types of business visas are the H-1B visa and the L-1 visa. The H-1B visa is often the first step toward permanent immigration, and allows people to come into the U.S. to work in a wide variety of fields. It’s important to note that an H-1B visa is only available to people who have a sponsoring employer in the U.S., and only to people who have at least the equivalent of a Bachelor’s degree and who will be working in positions that require that level of education.

The L-1 visa is typically used by employees of multinational companies that are headquartered outside of the U.S. but that also have offices in the U.S. It is specifically designated for managers, executives, and specialists who have worked for the sponsoring company at least one year within the previous three years.

Permanent visas are, not surprisingly, known as PERM or PERM labor certification. They are also more difficult to obtain, since the U.S. government places a priority on ensuring that U.S. companies first try to hire qualified U.S. workers. Therefore, the sponsoring employer must demonstrate that it has tried to recruit employees in the U.S. However, for people who are able to fill certain positions, it’s easier to jump the hurdles to PERM labor certification. These “Schedule A” occupations include nurses and physical therapists.

The Need for an Attorney

Not only is U.S. immigration law enigmatic, but it is also in a state of almost constant change. Without an experienced H-1B visa lawyer or a green card lawyer at your side, it’s nearly impossible to work your way through the legal system and attain a successful outcome. Years can pass and you can throw money down the drain in a series of failed attempts to acquire the visa you need.

Keep in mind, though, that not all immigration attorneys are equally effective for all cases. If you’re in need of a H-1B visa or a PERM labor certification, it’s worth your while to seek out a firm that specializes in business immigration. You should also be on the lookout for a firm that has a high approval rating on the certifications they file. The attorneys at the firm you select should be committed to continuing education and have up-to-date knowledge about the latest trends in both statutory law and case law. Finally, they should place a premium on client service, and pride themselves on their creative problem-solving ability.

Immigration lawyers across the US were expecting changes to the immigration laws last summer. The results would have been interesting. Many hotly debated legislation proposals were to be parked under one encompassing umbrella and dubbed Comprehensive Immigration Reform (Reform).

The reforms were considered by some to be innovative, even progressive. However, others thought the propositions were controversial and argued they had no place in an overhauled immigration system. It was put forward to widen the range of legalization mechanisms, offer temporary work programs and have more options on tap for alien children to attend colleges, etc.

The suggestions didn’t stop there. They also included a makeover and expansion of the role of enforcement, increased communication between all enforcement agencies, more in the way of worksite enforcement, even better border security and patches to fix the current immigration system.

There hasn’t been any Reform yet because Congress put the whole process on hold until the undecided portions of the suggested package were dealt with. In other words, it got put on hold until the results of the election are known. This means the badly needed revamping of the immigration system is now on hold and it affects millions of aliens living in the US and abroad.

Basically all the aliens that would be subject to the proposed changes are now in limbo, because nothing has been passed and nothing is actually the law. This won’t change until there is some form of direction from the White House and whoever happens to be at the helm after the election. What this means for now is the old laws take precedence until something replaces them.

There is no question this Reform will happen. It’s just a matter of when and how. Not knowing precisely what’s in store for the future Reform makes it even more crucial to seek the advice of experienced legal counsel to draft an application or handle an appeal. Only an attorney who is familiar with the current immigration system and immigration law in general will be able to tell you how to prepare for the coming changes, and what documents you will need.

Many people who just arrive in the United States are faced with complex legislation relating to their ability to stay in the country. Immigration laws are not easy to understand, and only a trained immigration lawyer will be able to assist you. Be wary of people who hold themselves out to be something they are not. Look for a lawyer that has your welfare at heart first and foremost.

You want a lawyer that talks to you like you are a person with a problem they can solve. You are not a number, and your concerns and fears are important in dealing with your case. A good lawyer is able to convey to their client that their case is vitally important to them and that they understand how important it is to you.

Choosing a good immigration lawyer is not always easy, as there are many who would masquerade as being knowledgeable in the area, but aren’t. Those who aren’t fully trained will offer costly advice that might not be correct, and may actually set your immigration application or petition back months.

When looking for a qualified immigration lawyer, there are certain things you should look for right away. The first one is that the lawyer is actually licensed to practice in a US jurisdiction and is in good standing with the State Bar. As odd as that may sound, it’s happened that immigrants have dealt with lawyers not licensed to practice in the US nor in good standing. This is a costly waste of time and money, since they have no authority to do anything on your behalf.

Choose an honest lawyer with integrity, a good reputation and one that is highly ethical. You can find this out by asking for references, and if they don’t give you references, go find another lawyer. Find out if the lawyer you are considering primarily practices immigration law. If their focus is criminal or divorce law, another attorney had better serve you.

While talking with the lawyer you’d like to help you with your immigration application or appeal, find out if they know their stuff and are familiar with your type of case. You’ll know this right away by the questions they ask you.

They should also give you a clear-cut answer on what it’s going to cost you to deal with them. And last, but not least, they should not give you a guarantee of success but simply indicate they will work for you and with you to do the best they can given the system.

Although there is no specific requirement that immigration applications be prepared by a lawyer, attempting it on your own is a true recipe for disaster. Each case is individual and different laws apply. Unless you know them all, your application will get bogged down in the system and you may not be successful.

It’s extremely important to note that in the United States a notary or notary public is usually not a legal professional, judge or lawyer unless they have completed the training for those positions. Most notaries are lay people or non-lawyers and cannot in all good conscience offer visa advice. Beware of people who have imaginative job titles, but don’t really have the experience to back them up.

The purpose of the K1 visa or fiancee visa, as it is often known, is to allow the male/ female fiancee of an American citizen to enter the U.S. for a period of 90 days so that they can marry the American citizen.

This in itself is not permission to stay indefinitely as it is only valid for three months. The marriage must occur during the 90 day period. After marriage they will need to make a separate application to the Department of Homeland Security to have their status adjusted to permanent resident. The dependents of the foreign fiancée, who must be under 21 years of age, are permitted to enter the US on a visa known as a K-2 which is not separate to the fiancee visa, but part of the K1 visa application.

The first step in obtaining a K1 visa is that the U.S citizen must submit a petition for his or her fiancée with the office of the Department of Homeland Security, which has jurisdiction over the application.

The requirements for the K1 visa are that the American citizen must prove that he or she has met their fiancee in person at least once in the previous two years before the date of submitting the fiancee visa application, unless a waiver is approved. That he or she has the intention to marry the foreigner, and that the petitioner is legally able and willing to marry within 90 days after the entry on the fiancee visa.

The next step once the request for a K1 visa has been approved by the Department of Homeland Security is that the they will then forward their acceptance of the fiancee visa application to the fiancee’s home country at their nearest US consulate.

The immigration official has every right to decline the visa even though the Department of Homeland Security has already approved the applicant.

The reason the consulate may decline the application is that the approval from the DHC is only an approval for marriage, but not permission to enter the United States. Permission to travel to the US is up to the consulate who will issue the entry visa.

To receive an entry visa and the actual K1 visa in their passport, the applicant will need to provide a great deal of documentation, and satisfy the consular official that this application satisfies all the legal requirements for an entry visa.

Some of the paperwork that will be needed is the following, but the consular official can request any other information that they see fit. A passport that is validity for six months or more after the date of the interview. If the passport has less than six months remaining, a new passport must be applied for.

Basic certificates of birth or previous marriage certificate are required and legal evidence of divorce or the demise of their partner if appropriate. A medical examination will also be required. They will also require “evidence” of a relationship between the foreigner and the American citizen, this is the most unclear part of the application and will probably require a face to face interview to establish legitimacy of the relationship, although this in many instances must come down to a “feeling” by the consular official.

Once the K1 visa is issued it is good for travel to the USA for up to six months, and the applicants must then marry within 90 days after entry into the USA to fulfill the terms of the fiancee visa.