• BUSINESS AND EMPLOYMENT IMMIGRATION
  • TEMPORARY EMPLOYMENT IMMIGRATION
    • H1-B-Specialty Occupations
    • TN-NAFTA Visa
    • E-1 & E-2-Treaty Traders and Investors
    • F-1 & M-1 Students
    • L-1-Intracompany Transfers
    • J-1-Cultural Trainees
    • O-1-Extraordinary Ability
    • P-1-Athletes and Entertainers
    • R-1-Religious Workers
  • PERMANENT EMPLOYMENT IMMIGRATION
    • Employer Sponsored Permanent Petitions-EB-1, EB-2 & EB-3
    • National Interest Waivers and Aliens of Extraordinary Ability
    • Special Immigrants and Religious Workers
  • FAMILY IMMIGRATION
    • Family Petitions-Marriage to U.S. Citizen and Permanent Residents
    • Adjustments of Status & Consulate Processing
    • Fiancé(e) (K-1) and K-3 visas
• NATURALIZATION
• CONSULATE PROCESSING
• CORPORATE LAW

H1-B

It is important to express the connection between the alien, the employer, the occupation and the H1-B immigration laws.  Our staff of Attorneys will minimize your stress by processing and analyzing each case with the up most care and professionalism.

This nonimmigrant (granted for a limited period) category is reserved for individuals who are professionals coming to a permanent or a temporary position with a U.S. employer that requires a professional level of education and experience.  The United States Citizenship & Immigration Service (C.I.S.) defines a professional ("specialty") occupation as one requiring the attainment of at least a Bachelor's degree, or its equivalent, as a minimum for entry into the occupation.  The equivalent may be a foreign degree that equates to a U.S. degree, or a combination of education and experience.

The current visa quota is 65,000 (first time) visas per year. There are exceptions to this number. H1-B workers (and L-1s) do not need to maintain a foreign residence during their period of stay in the United States, a requirement imposed on many other nonimmigrant categories. In addition, H1-B workers may seek permanent residence concurrently with petitioning for or holding H1-B status.

TN-NAFTA Visa

NAFTA is the North American Free Trade Agreement, which created special economic and trade relationships for the United States, Canada and Mexico.  The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals to work in the United States. 

Our Attorneys will implement a convenient format and legal memorandum for immigration and state department adjudicators to process the TN visa.

Professionals of Canada or Mexico may work in the U.S. under the following conditions:

• Applicant is a citizen of Canada or Mexico;
• Profession is on the NAFTA list;
• Position in the U.S. requires a NAFTA professional;
• Mexican or Canadian applicant is to work in a prearranged full-time or part-time job, for a U.S. employer (see documentation required). Self employment is not permitted;
• Professional Canadian or Mexican citizen has the qualifications of the profession.  

Our Attorneys provide memorandums and advice regarding the processing of the visa at a United States Embassy, the Port-of-Entry or for direct filing in the U.S. with the C.I.S.

The maximum period of admission into the U.S. is one year.  The U.S. Citizenship and Immigration Services grants extensions of stay in time amounts of one year.  There is no limit on the number of years a TN visa holder can stay in the United States.  However, the TN visa status is not for permanent residence. 

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E-1 & E-2-Treaty Traders and Investors

Our Attorneys help you achieve your goals through the establishment of an entity to fulfill business and immigration needs. The 'E' visa can be complex and requires detailed analysis and proper preparation to clearly establish the immigration requirements.

The Immigration and Nationality Act (I.N.A.) provides nonimmigrant visa status for a national of a country with which the United States maintains a treaty of commerce and navigation who is coming to the United States to carry on substantial trade, including trade in services or technology, principally between the United States and the treaty country, or to develop and direct the operations of an enterprise in which the national has invested, or is in the process of investing a substantial amount of capital. ( See List of Treaty Countries) .

Treaty visas are part of the United States' efforts to "enhance or facilitate economic and commercial interaction between the United States and the treaty country."  Treaty Investors must invest a substantial amount in a U.S. commercial Enterprise. This value of money and trade varies based on the type of business and the attorneys at Kazmi & Sakata value their knowledge regarding investment determinations.

In addition, Treaty Traders and Investors have other benefits, including:

• An applicant for an E visa need not establish an intent to go to the United States for a specific temporary period.
• An applicant for an E visa need not have an unabandoned foreign residence and ordinarily need only express an unequivocal intent to return abroad.
• The spouse and children (unmarried and under age 21) of a treaty trader or investor are entitled to the same E-1 or E-2 classification as the principal visa holder.  The nationality of a spouse or child of a principal E visa holder is not material to their classification as E-1 or E-2.  In addition, the spouse may apply for separate work authorization while in the United States.

Requirements: Treaty Trader-E-1

The applicant must be a national of a treaty country;

The trading firm for which the applicant is coming to the U. S. must have the nationality of the treaty country;

The international trade must be "substantial" in the sense that there is a sizable and continuing volume of trade;

The trade must be principally between the U.S. and the treaty country, which is defined to mean that more than 50 percent of the international trade involved must be between the U.S. and the country of the applicant's nationality;

Trade means the international exchange of goods, services, and technology. Title of the trade items must pass from one party to the other; and

The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify.

Requirements: Treaty Investor-E-2

The investor, either a real or corporate person, must be a national of a treaty country;

The investment must be substantial. It must be sufficient to ensure the successful operation of the enterprise. The percentage of investment for a low-cost business enterprise must be higher than the percentage of investment in a high-cost enterprise;

The investment must be a real operating enterprise. Speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment;

The investment may not be marginal. It must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the United States;

The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed; and

The investor must be coming to the U.S. to develop and direct the enterprise. If the applicant is not the principal investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify.

Spouses and unmarried children under 21 years of age, regardless of nationality, may receive derivative E visas in order to accompany the principal alien. Spouses may apply for work authorization in the United States.

Holders of E visas may reside in the United States as long as they continue to maintain their status with the enterprise.

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L-1-Intracompany Transfers

Our Attorneys focus on providing the clear connections between the U.S. and the foreign entity. Once established, our Attorneys will help you fulfill the transfer of the employee in order for him or her to begin their new employment in the United States.

This nonimmigrant visa is based on company affiliation between a U.S. entity and a foreign entity.  The relationship of the entities can be parent, subsidiary, common ownership (affiliation), same company (branch office), or certain joint ventures. The petitioning company must be doing business in the United States and at least one other country for the duration of the intra company transferee's stay in the United States.

The foreign employee must have been employed abroad for one of the past three years, and must have been employed in one of the following capacities: executive, managerial (line or functional), or one that involves specialized knowledge (product or process and procedures).  The employee must also work in one of the qualifying capacities while employed in the United States. The definition of executives and managers allows for the individual to direct the management of a function, or manage a function of the organization without personnel responsibilities. 

The L nonimmigrant visa category is a very useful tool to international companies needing to bring foreign employees to the United States.  If a few basic requirements can be met, many advantages exist to using the L category.  An employment-based immigrant preference category was created for managers and executives who meet the L-1 standards for those employees. These foreign nationals are considered first preference "priority workers".

There are important elements of this classification to be considered in cases involving the opening of a new office and those involving small businesses. When an L visa is sought for an employee to open a new office or operation in the United States the initial approval is for one year.  During this initial period the organization must become operational.  After an organization has become operational, the petitioning company must show an increase in the number of employees, significant growth in cashflow, presence of  significant customers and clientele, or similar elements to determine the need for a managerial or executive employee.

F-1 & M-1 Students

Our attorneys can help you apply at your local U.S. Consulate for the visa, including the financial support and establishing your nonimmigrant intent (or proof that you will return at the end of your studies). In addition, our attorneys can help you Change your nonimmigrant Status to Become a Student in the United States or Transfer Schools or bring a Spouse or Child.

The F-1 category includes academic students in colleges, universities, seminaries, conservatories, academic high schools, other academic institutions, and in language training. The M-1 category includes vocational students.

The U.S. C.I.S. permits aliens to come to the U.S. as students to study at registered schools and institutions. When you contact a school that you are interested in attending, you should be told immediately if the school accepts foreign national students. If you are accepted, the school should give you USCIS Form I-20 A-B/ID (Certificate of Eligibility for Nonimmigrant (F-1) Student Status - for Academic and Language Students).

Please be aware that if you have been admitted as a B-1 (Temporary Visitor for Business) or B-2 (Temporary Visitor for Pleasure) visa holder, you may not begin your program studies until your application for these studies is approved.

Tips for Traveling Students:

Students may leave the United States and be readmitted after absences of five months or less. Upon your return to the United States, you should provide immigration inspectors with:

• A valid passport.
• A valid F-1 entry visa stamped in the passport (if necessary).
• A current USCIS Form I-20 ID (Certificate of Eligibility for Nonimmigrant (F-1) Student Status - for Academic and Language Students) signed by your appropriate school official (you should have the appropriate school official sign your USCIS Form I-20 each time you wish to temporarily travel outside the United States).
• A new USCIS Form I-20 A-B/I-20 ID if there have been any substantive changes in your course of study or place of study.
• Proof of your financial support.

When making your travel plans, please remember that you must be a full-time student to keep your F-1 student status. You will be considered to be "in status" if you take the annual summer vacation, as long as you are eligible and intend to register for the next school term.

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J-1-Cultural Trainees

 The Exchange Visitor Program is carried out under the provisions of the Mutual Educational and Cultural Exchange Act of 1961, as amended. The purpose of the Act is to increase mutual understanding between the people of the United States and the people of other countries by means of educational and cultural exchanges. International educational and cultural exchanges are one of the most effective means of developing lasting and meaningful relationships. They provide an extremely valuable opportunity to experience the United States and our way of life. Foreign nationals come to the United States to participate in a wide variety of educational and cultural exchange programs

In carrying out the responsibilities of the Exchange Visitor Program, the Department designates public and private entities to act as exchange sponsors. Designated sponsoring organizations facilitate the entry of foreign nationals into the United States as exchange visitors to complete the objectives of one of the exchange visitor program categories, which are:

• Au pair
• Camp Counselor
• Student, college/university
• Student, secondary
• Government Visitor
• International Visitor (reserved for U.S. Department of State use)
• Alien physician
• Professor
• Research Scholar
• Short-term Scholar
• Specialist
• Summer work/travel
• Teacher
• Trainee

Trainee:

The J-1 training program provides exchange visitors the opportunity to enhance their skills in their chosen career field through participation in a structured training program and to improve their knowledge of American techniques, methodologies, or expertise within their field of endeavor. Such training shall not duplicate a trainee participant's prior training and experience

The maximum duration of any training program, with the exception of flight training programs, shall not exceed 18 months. The actual duration of a participant's training program shall correspond to the length of the program stated in the sponsor's designation language and indicated on the participant's Form DS-2019 form.

The Department of State (D.O.S.) defines occupations into specialty, non-specialty and unskilled occupational categories. Training programs for unskilled occupations are not permitted.

Specialty training programs are for participants who have completed a four-year degree in their field or a recognized professional certificate. Non-specialty training programs do not require participants to have completed a degree. However, program participants must have at least two years of education, training or experience in the field in which they are to receive training.

The Student and Exchange Visitor Program (SEVP) is designed to help the Department of Homeland Security and Department of State better monitor school and exchange programs and F, M and J category visitors. Exchange visitor and student information is maintained in the Student and Exchange Visitor Information System (SEVIS). SEVIS is an Internet-based system that maintains accurate and current information on non-immigrant students (F and M visa), exchange visitors (J visa), and their dependents (F-2, M-2, and J-2). SEVIS enables schools and program sponsors to transmit mandatory information and event notifications via the Internet, to the Department of Homeland Security and Department of State (DOS) throughout a student or exchange visitor's stay in the United States.

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O-1-Extraordinary Ability

People coming on O-1 Visas include extraordinarily talented and nationally or internationally known physicians, scientists, educators, artists, athletes or business people. 

These individuals must have "extraordinary ability" in their field of expertise. Such ability must be extensively documented and substantiated through articles published, awards won, media attention received, association with other renowned experts in the same field, and/or innovation or major contributions in the specific field of expertise among other forms of proof. National and/or international acclaim of the individual is important in establishing extraordinary ability.

Individuals applying for an O-1 Visa must provide substantial documentation demonstrating that they truly are extraordinary in their area of expertise. Individuals seeking this visa must have risen to the very top of their field of endeavor and are considered to be in the top echelon. The ...employer must demonstrate the beneficiary's extraordinary ability along with the need for the individual's services.

Evidence of extraordinary ability typically include the following:

• receipt of prizes/awards at national/international level by the beneficiary in field of expertise;
• membership in associations that have selective criteria relevant to the field of expertise;
• published material in professional or major trade publications or major media about the individual;
• judging the work of others in the same field, such as peer review, judging a competition etc.;
• innovations or original contributions of major significance in the field of expertise;
• authorship of articles in professional journals or other major media; and /or
• ...employment in an essential capacity in organizations with a distinguished reputation.

Please note that it is not necessary to have documentation corresponding to all of the above - evidence in only three of the above categories is usually necessary.

O-1 visas are granted initially for up to three years, and are renewable for additional one-year increments.

The P visas are available for Athletes and Entertainers. Our attorneys can help individuals and groups, including preparations and recommendations for the written consultation requirement.  

The P-1 visa is available to aliens temporarily coming to the U.S. to perform at a specific athletic competition as an "Athlete", individually or as part of a group or team, at an internationally recognized level of performance.

In addition, P-1 classification also applies to an alien coming temporarily to perform as a member of a foreign-based entertainment group that has been recognized internationally as outstanding in the discipline for a sustained and substantial period of time. This person also must have had a sustained and substantial relationship with the group (ordinarily for at least one year) and/or provide functions integral to the group's performance.

The P-2 classification applies to an alien coming temporarily to perform as an artist or entertainer individually or as part of a group, who will perform under a reciprocal exchange program between an organization in the U.S. and an organization in another country.

The P-3 classification applies to aliens coming temporarily to perform, teach or coach as artists or entertainers, individually or as part of a group, under a program that is culturally unique.

Accompanying Support Personnel may also receive visas under P-1, P-2 or P-3 when they are highly skilled aliens temporarily coming as an "essential and integral" part of the competition or performance. Also, "Essential" support personnel must perform support services which cannot be readily performed by a U.S. worker and which are essential.

Many Religious workers come to the United States as ministers of religion who are authorized by a recognized denomination to conduct religious worship and perform other duties usually performed by members of the clergy such as administering the sacraments, or their equivalent. You cannot be a 'lay preacher'.

A religious vocation means a calling to religious life, evidenced by the demonstration of a lifelong commitment, such as taking vows. Examples include nuns, monks, and religious brothers and sisters. A religious occupation means a habitual engagement in an activity which relates to a traditional religious function. Examples include liturgical workers, religious instructors or cantors, catechists, workers in religious hospitals, missionaries, religious translators, or religious broadcasters. It does not include janitors, maintenance workers, clerks, fund raisers, solicitors of donations, or similar occupations. The activity of a lay-person who will be engaged in a religious occupation must relate to a traditional religious function: i.e., the activity must embody the tenets of the religion and have religious significance, relating primarily, if not exclusively, to matters of the spirit as they apply to the religion.

 Holders of R visas may remain in the U.S. for up to five years to pursue their calling.

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Employer Sponsored Petitions-EB-1, EB-2 & EB-3

Employment Based (EB) Petitions involve the detailed connection between the alien employee, the U.S. employer and the U.S. immigration laws. Several options exists for Self-Sponsors and Employer sponsored petitions. Our Attorneys help clients find the necessary qualified petition and preference. In addition, a thorough analysis of an Employer's financial background becomes necessary in many cases.

EB-1

The first employment based preference category of immigrant visas is set aside for "priority workers." The category is divided into three major groups, persons of extraordinary abilities in the sciences, education and business;  professors and researchers; and international managers and executives.   Some key elements of this immigrant category are that each group has equal access to the visas allocated for this category and that the labor certification requirement does not apply to the priority worker preference. Therefore, total processing time for immigration cases in this preference category is much shorter than is possible for the other employment based preference categories.

Persons of Extraordinary Abilities

This immigrant or lawful permanent residence category is for persons of  "extraordinary abilities" in the sciences, education or business.  Extraordinary ability is defined as "a level of expertise indicating that the person is one of the small percentage of people who have risen to the very top of the field of endeavor."  CIS regulations list certain types of evidence that may be submitted to prove this standard.  One required submission is a written advisory opinion from a peer group or from a person or labor organization with expertise in the filed.

The intending immigrant may establish extraordinary ability by evidence of receipt of a major, internationally recognized award, such as the Nobel Prize or an Academy Award. 

Absent receipt of such an award, the alien must have at least three types of evidence from the following list:

• Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor

• Membership in associations in the field of endeavor that require outstanding achievements of their members, as judged by recognized national or international experts in their fields

• Published material in professional or major trade publications or major media about the migrant and relating to the migrant's work in the field of endeavor (published material must include title, date, author, and be translated if necessary)

• Participation, on a panel or individually, as a judge of the work of others in the same or an allied field of specialization

• Original scientific, scholarly, or artistic contributions of major significance in the field of endeavor

• Authorship of scholarly articles in the field, in professional journals or other major media

• Evidence of the display of his or her work in the field at artistic exhibitions or showcases in more than one country

• Performance in a lead, starring, or critical role for organizations or establishments with distinguished reputations

• Having commanded a high salary or other significantly high remuneration for services in relation to others

• Commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales

Other comparable evidence may be submitted if the above types of evidence do not readily apply to migrant's occupation.

Multinational Business Executives

This group in the EB-1 category covers multinational executives and managers. This group of priority workers provides international companies with the ability to transfer top level executives and managers to this country as permanent residents on an expeditious basis.  First, the foreign national must have at least one year in the preceding three employed by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer; second, he or she must be coming to work in the United States in a managerial or executive capacity.  The C.I.S. regulations apply to this group basically the same interpretation placed on managers and executives for L1 nonimmigrant purposes. In some situations, the foreign national may be present in the United States in L-1 status working for the same petitioner that is filing the EB-1 petition for the L-1 intra company transferee to classify the person as a priority worker.

Outstanding Professors and Researchers

This immigrant classification includes Outstanding Professors and Researchers. To be considered in this group a person must be internationally recognized as outstanding in a specific academic field, have at least three years of experience teaching or researching in the field, and either:

• the offer of a tenured or tenure track teaching position or the offer a comparable research position or

• the offer of a research position having no fixed term and in which the employee will ordinarily have an expectation of permanent employment or

• the offer of a comparable research position with a private employer if the employer has at least three fulltime researchers and documented accomplishments in the research field.

A job offer is a requirement. The key elements of this type of petition are documentation that 1) the employer is offering the foreign national employment of a qualifying nature, 2) the foreign national has the requisite credentials, and 3) the foreign national is outstanding in an academic field.

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Our Attorneys have helped scientists, educators and other professionals achieve Self-Sponsorship without a Labor Certification or current immigration job offer.

Aliens may seek a waiver of a job offer and the labor certification process, when their admission to the U.S. is in the 'national interest'.  The "national interest" test requires proof of the following:

• Improving the economy;
• Improving wages and working conditions of United States workers;
• Improving education and training programs for United States children and under qualified workers;
• Improving health care;
• Providing more affordable housing for young and/or older, poorer U.S. citizens;
• Improving the U.S. environment and making more productive use of U.S. resources; or
• A request from an interested United States governmental agency.

This list is not exhaustive.  The national interest waiver has applied to a variety of fields and positions and a thorough analysis of new and old case law becomes relevant to interpretation of the rules and the national interest.

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The labor certification ensures U.S. citizens and the Department of Labor that the immigration of a foreign national on the basis of an employment offer will not adversely affect the wages and working conditions of U.S. workers. This process is generally used for professionals, skilled workers and other workers (EB-3) and workers with advanced degrees or exceptional (EB-2).

A labor certification is not required for first preference persons of extraordinary ability (EB-1) and fifth preference employment creation or investor immigrants (EB-5) because no adverse labor consequence is thought to flow from these classifications. Additionally, exemption from individual labor certification exist via a national interest waiver for certain members of the professions holding advanced degrees or foreign nationals of exceptional ability (EB-2).

PERM

Beginning March 28, 2005, the new labor certification system, PERM (Program Electronic Review Management) will be implemented. This new system combines and changes two (2) previous systems, Traditional and RIR (Reduction-In-Recruitment) labor certifications. 

The Regulations clearly state that the first step in the PERM process will be to obtain a Prevailing Wage Determination (the "PWD") from the State Workforce Agency (the "SWA") (e.g. The California Employment Development Department) in the State where the position has been offered to the prospective employee. It is important to note that the PWD area of the law is constantly evolving. Once the PWD is obtained, the organization must undertake a "recruitment process". The recruitment process consists of placing a job order with the SWA and placing two (2) Sunday advertisements in an appropriate newspaper. The recruitment process needs to be completed within six (6) months of the filing of the Labor Certification. Furthermore, the Labor Certification cannot be filed until thirty (30) days have passed from the last recruitment effort. This, the PERM Regulations point out, allows an optimal period of time for the recruitment process to attract able, willing and qualified U.S. workers.

If the position being offered is one that is "professional" in nature, then there are two additional steps that must be taken in the recruitment process under the PERM Regulations. Once the recruitment process is complete, a document must be created that accurately explains the specific job related reasons for rejecting U.S. workers. Once the PERM requirements are met, a PERM Labor Certification can be filed either electronically or by mail with the DOL. If the case is worthy of immediate certification, the DOL should respond within forty-five (45) to sixty (60) days. If the Labor Certification is certified, the certification will be sent by mail. If the case is not certified, the DOL will send an audit letter requesting additional information. Applicants will be given thirty (30) days to respond to the audit letter.

The PERM process requires meticulous preparation and a thorough understanding of the PERM Regulations. The biggest advantage of PERM is that the DOL is promising a sixty (60) day turnaround time for a Labor Certification (that is not audited). The implementation of PERM presents a window of opportunity for foreign nationals seeking lawful permanent residence ("green cards") in the United States. The U.S. Department of State ("DOS") Visa Bulletin for January, 2005 reports that immigrant visa numbers have retrogressed for India, China, and the Philippines. After March 28th, 2005, as the PERM process is utilized, the Labor Certification approval process will increase and what is likely to happen is that more cases will move more quickly into the I-140 (Petition For An Alien Worker) phase of the Labor Certification process, and as a result, immigrant numbers will retrogress in the EB-3, skilled worker and professional categories.

Transition of Pending Cases to PERM

If someone has a pending Labor Certification, the PERM Regulations allow the withdrawing and re-filing of cases prior to the placement of a job order by the SWA. Since the implementation of GAL 1-97, almost all of the cases that have been filed by our office have been filed as Reduction-in-Recruitment ("RIR") cases and ninety nine percent (99%) of these cases do not require SWA job orders, therefore, in practical terms, the case may be withdrawn.

If a case is successfully withdrawn, and re-filed, the original filing date will be preserved, so that the case can be converted to PERM. This is very important because of the retrogression of EB-3's, having an older filing date which may decrease the chances of delay due to the reported regression in EB-3 numbers (which we see in the Visa Bulletin for Employment-Based Visas for January, 2005). The PERM Regulations make it clear that in order to convert to PERM, all re-filed cases must comply with all PERM Regulations including recruitment and minimum requirements, business necessity, audit rocedures and PWD issues.

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Another Employment based petition, involves the following six (6) subgroups of 'Special Immigrants':

1) Religious workers coming to carry on the vocation of a minister of religion, or to work in a professional capacity in a religious vocation, or to work for a tax-exempt organization affiliated with a religious denomination;

2) Certain overseas employees of the U.S. Government;

3) Former employees of the Panama Canal Company;

4) Retired employees of international organizations;

5) Certain dependents of international organization employees; and

6) Certain members of the U.S. Armed Forces.

The Immigration and Nationality Act provides two categories of visas for religious workers, one for temporary or nonimmigrant "R" status and one for legal permanent resident or immigrant "SD" status in the United States.

A religious worker is a person who for the past two years has been a member of a religious denomination which has a bona fide nonprofit, religious organization in the United States; and who has been carrying on the vocation, professional work, or other work described below, continuously for the past two years; and seeks to enter the U.S. to work solely:

-- As a minister of that denomination; or

-- In a professional capacity in a religious vocation or occupation for that organization; or

-- In a religious vocation or occupation for the organization or its nonprofit affiliate.

In general, in order to be eligible to apply for an immigrant visa, a foreign citizen must be sponsored by a U.S. citizen relative(s) or by a prospective employer. Unlike most other immigrant categories, Immediate Relatives are not subject to numerical limits under immigration law. 

Thus, if you are a U.S. citizen, our Attorneys can process a Petition for your wife, children or parents without being subject to any quota or additional time constraints.

The Immigration and Nationality Act allows for the immigration of foreigners to the United States based on relationship to a U.S. citizen or legal permanent resident. Family-based immigration falls under two basic categories: unlimited and limited.

UNLIMITED FAMILY-BASED

Immediate Relatives of U.S. Citizens (IR): The spouse, widow(er) and unmarried children under 21 of a U.S. citizen, and the parent of a U.S. citizen who is 21 or older.

Returning Residents (SB): Immigrants who lived in the United States previously as lawful permanent residents and are returning to live in the U.S. after a temporary visit of more than one year abroad.

LIMITED FAMILY-BASED

Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their children, if any. (23,400)

Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents. (114,200) At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters.

Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and children. (23,400)

Family Fourth Preference (F4): Brothers and sisters of United States citizens, and their spouses and children, provided the U.S. citizens are at least 21 years of age. (65,000)

The Petition

Relatives of intending immigrants who plan to base their immigrant visa applications on family relationship must obtain an Immigrant Petition for Relative, from the Citizenship and Immigration Services in the Department of Homeland Security (C.I.S.). The C.I.S. will also forward the approved petition to the National Visa Center, which will contact the intending immigrant with further information on processing at the U.S. Embassy in their home country.

However, an immediate relative petition may also be filed in the U.S. with the Adjustment of Status if the relative is in the U.S. and qualifies under additional restrictions.

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Adjustments of Status can be defined as “Becoming a Permanent Resident While in the United States.” Our Attorneys help weigh the issues regarding filing a case in the U.S. (Adjusting) or filing through Consulate Processing. There are several issues that must be addressed when deciding whether to file in the U.S. or processing abroad.

Some of the qualifications for filing in the U.S. (Adjusting) include the following:

• Evidence of inspection, admission or parole into the United States (Form I-94, Arrival Departure Record). 

• If you have already been approved for an immigrant petition, you must submit a copy of the approval notice sent to you by the U.S. C.I.S. This could be either an approved Employment Based petition (I-140 or I-360) or an approved Family Petition (I-130).
• If you were admitted into the United States as a fiancé of a U.S. citizen and married that citizen within the required 90 days, you must submit a copy of the fiancé petition approval notice and a copy of your marriage certificate.
• If you are an asylee or refugee, you must submit a copy of the letter or Form I-94 (Arrival-Departure Record) that shows the date you were granted asylum or refuge in the United States.
• If you have been a continuous resident of the United States since before January 1, 1972, you must submit evidence showing that you entered the United States prior to January 1, 1972 and that you have lived in the United States continuously since your entry into the country.
• If your parent became a lawful permanent resident after you were born, you must submit evidence that your parent has been or will be granted permanent residence. You must also submit a copy of your birth certificate, and proof of your relationship with your parent.
• If your spouse became a lawful permanent resident after you were married, you must submit evidence that your spouse has been granted permanent residence. You must also submit a copy of your marriage certificate and proof that any previous marriages entered into by you or your spouse were legally terminated.

Please note that there are certain eligibility requirements for using Form I-485 (Application to Register Permanent Residence or Adjust Status).  Adjustments of Status are also subject to the Immigrant Visas’ availability in either the Family or Employment based categories.

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Spouse - If you are an American citizen you have two ways to bring your foreign spouse (husband or wife) to the United States to live. They are:

• Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1)  - An immigrant Petition for Alien Relative, Form I-130 is required.
• Nonimmigrant visa for spouse (K-3) - Two petitions are required:
  • Petition for Alien Relative, Form 1-130; and
  • Petition for Alien Fiancé(e), Form I-129F

The first step is to file a Petition for Alien Relative, Form I-130 for your spouse (husband or wife) to immigrate to the United States.

Sometimes a U.S. citizen living abroad can file an immigrant visa petition at an U.S. embassy or consulate (post).

After a Department of Homeland Security, U.S. Citizenship and Immigration Services' office in the United States approves the petition, it sends the petition to the National Visa Center (N.V.C.) to convert the case for Consulate Processing.

If you have been married for less than two years when your spouse enters the United States on an immigrant visa, the permanent resident status is considered “conditional.” The immigrant visa is a CR ( conditional resident ) visa, not an IR ( immediate relative ) visa. You and your spouse must apply together to the U.S. C.I.S. to remove the “condition” within the ninety days before the two year anniversary of your spouse’s entry into the United States on an immigrant visa.

K-3 Spouses of U.S. citizens

Spouses of U.S. citizens, and the spouse's children, can come to the United States on nonimmigrant visas (K-3 and K-4) and wait in the United States to complete the immigration process. Before a K-4 visa can be issued to a child, the parent must have a K-3 visa or be in K-3 status.

It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be made and the visa issued in the country where the marriage took place. After visa processing, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case

You must first file an immigrant Petition for Alien Relative, form I-130 for your spouse with the U.S. C.I.S. Office that serves the area where you live. You next file Petition for Alien Fiancé(e), form I-129F for your spouse and children. K-3/K-4 visa holders cannot change status in the United States to another non-immigrant visa category.

Nonimmigrant visa for Fiancé(e) (K-1)  

Fiancé(e) - If you are an American citizen, you may bring your fiancé(e) to the United States to marry  and live here.

• Nonimmigrant visa for Fiancé(e) (K-1)  - To travel to the United States for marriage. An I-129F fiancé(e) petition is required.

A Fiancé(e) is a person who is engaged or contracted to be married. The marriage must be legally possible according to laws of the state in the United States where the marriage will take place.

In general, the two people must have met in person within the past two years. The Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) grants some exceptions to this requirement. For example, it may be contrary in some traditions for a man and woman to meet before marriage.

Sometimes the U.S. C.I.S. considers a person a "Fiancé(e)" even though a marriage contract has been concluded. In such cases, the American citizen petitioner and his/her spouse have not met, and they have not consummated the marriage.

The I-129F petition is valid for four months from the date of approval from USCIS. Consular officers can extend the validity of the petition (revalidate the petition) if it expires before the processing of the visa application is completed.

After getting the Fiancé(e) visa, your fiancé(e) enters the U.S. through a U.S immigration port-of-entry. You must get married within 90 days of your fiancé(e)’s entry into the United States.

After marriage, your spouse must file Form I-485 Application to Register Permanent Residence or to Adjust Status with the U.S. C.I.S. office that serves the area where you live in the United States.

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NATURALIZATION

Naturalization is the process in which the U.S. citizenship is conferred upon a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (I.N.A.). The general requirements for administrative naturalization include:

• a period of continuous residence and physical presence in the United States
• residence in a particular U.S. C.I.S. District prior to filing
• an ability to read, write, and speak English
• a knowledge and understanding of U.S. history and government
• good moral character
• attachment to the principles of the U.S. Constitution
• favorable disposition toward the United States

Oath of Allegiance

To become a citizen, one must take the oath of allegiance. By doing so, an applicant swears to:

• support the Constitution and obey the laws of the U.S.
• renounce any foreign allegiance and/or foreign title
• bear arms for the Armed Forces of the U.S. or perform services for the government of the U.S. when required

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Our attorneys help process and prepare clients to attend interviews at U.S. Consulates around the world. We help prepare Nonimmigrant Visas, as well as, Permanent, Immigrant visas for both Employment and Family Based Petitions.

Canada & Mexico Visa Processing:

San Diego, California is only a half hour from Tijuana, Mexico and the U.S. Consulate. Our Attorneys have assisted, prepared and guided clients through the process in Tijuana. In addition, we can take the clients to the Consulate for additional preparation and processing.

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Our firm also provides the formation and maintenance for other business entities, including:

• Limited Liability Companies
• Limited Partnerships
• General Partnerships
• Limited Liability Partnerships

Let us help you design and register your Trademarks and Service Marks.

A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.

A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. Throughout this booklet, the terms "trademark" and "mark" refer to both trademarks and service marks.

Trademarks, copyrights and patents all differ. A copyright protects an original artistic or literary work; a patent protects an invention

You can establish rights in a mark based on legitimate use of the mark. However, owning a federal trademark registration on the Principal Register provides several advantages, e.g.,

• constructive notice to the public of the registrant's claim of ownership of the mark;
• a legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration;
• the ability to bring an action concerning the mark in federal court;
• the use of the U.S registration as a basis to obtain registration in foreign countries; and
• the ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods.

Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol "®" only after the USPTO actually registers a mark, and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the federal trademark registration.