Immigration Lawyers

• Tourist visas (B1/B2): Requirements, duration, extensions.
• Student visas (F-1, J-1): Admission to universities, exchange programs.
• Work visas (H-1B, L-1): Employment requirements, application process.

Tourist Visas (B1/B2)

B1 and B2 visas are the most common visas for those who wish to visit the United States for tourism, short-term business or to visit family members.

• B1: Business Visa. Issued for commercial activities such as attending conferences, negotiating contracts or conducting research.
• B2: Tourist Visa. Issued for tourism, visits to family or friends, medical treatment.

Student Visas (F-1, J-1)

The F-1 and J-1 visas are designed for foreign students who wish to study at U.S. educational institutions.

• F-1: Academic Student Visa. Issued to students enrolled in full-time academic programs at accredited educational institutions.
• J-1: Exchange Visa. Issued for participation in educational, cultural or training exchange programs.

Work Visas (H-1B, L-1)

The H-1B and L-1 visas are designed for foreign workers coming to the United States to work in specialized positions.

• H-1B: Skilled Worker Visa. Issued to workers in occupations requiring a bachelor’s degree or equivalent.
• L-1: Visa for executives and employees of multinational companies. Issued to employees who have worked for a multinational company abroad and will be transferred to a branch or subsidiary in the United States.

• Immediate Relative Petition (I-130): Parents, children, spouses.
• Fiancée Visa (K-1): Application process, adjustment of status.
• Domestic violence cases (VAWA): Protection for victims, requirements.

Immediate Relative Petition (I-130): Parents, children, spouses

The I-130 petition is the first step in bringing your parents, children or spouse to live with you in the United States.

Who can file an I-130 petition?

• U.S. Citizens: They may file petitions for their spouses, unmarried children under 21 years of age, parents and siblings.
• Lawful permanent residents: They may file petitions for their spouses and unmarried children under 21 years of age.

I-130 petition process:

1. Completing the form: You must complete the I-130 form and provide all requested information.
2. Document the relationship: You must present proof of your relationship with the family member you are sponsoring, such as birth certificates, marriage certificates, photos, etc.
3. Demonstrate financial ability: You must demonstrate that you have sufficient financial resources to support your family member in the United States.
4. Submit the petition: Once you have completed the petition and gathered all the documentation, you must send it to the United States Citizenship and Immigration Services (USCIS).
5. Interview: If the petition is approved, your relative must schedule an interview at a U.S. embassy or consulate in his or her home country.

Important considerations:

• Processing times: Processing times can vary significantly depending on several factors, such as the USCIS service center processing your case and the complexity of your situation.
• Priority: Petitions from spouses and unmarried children under the age of 21 are usually given priority in processing.
• Additional requirements: There may be additional requirements depending on your specific situation.

Fiancé(e) Visa (K-1)

The K-1 visa allows a U.S. citizen to bring his or her foreign fiancé(e) to the U.S. to marry within 90 days of arrival.

Application process:

1. I-129F Petition: The U.S. citizen must file an I-129F petition for his or her fiancé(e).
2. Interview: The foreign fiancé(e) must attend an interview at a U.S. embassy or consulate in his/her home country.
3. Travel to the United States: If the petition is approved, the fiancé(e) may travel to the United States on the K-1 visa.
4. Marriage: The couple must marry within 90 days of the fiancé(e)’s arrival in the United States.
5. Adjustment of status: After marriage, the foreign spouse may apply for adjustment of status to permanent resident.

Requirements:

• Evidence of the relationship: The couple must present evidence of their relationship, such as photos, emails, phone calls, etc.
• Marriage Plan: The couple should present a detailed plan of how they will meet and marry.
• Financial Capacity: The U.S. citizen must demonstrate that he or she has sufficient financial resources to support his or her fiancé(e).

Domestic Violence (VAWA) Cases

The Violence Against Women Act (VAWA) provides protection for victims of domestic violence, sexual assault and other forms of family violence.

Who can apply for protection under VAWA:

• Spouses: Wives or husbands of U.S. citizens or lawful permanent residents who have been victims of domestic violence.
• Children: Children of U.S. citizens or lawful permanent residents who have been victims of domestic violence.
• Parents: Parents of U.S. citizens or lawful permanent residents who have been victims of domestic violence.

VAWA benefits:

• Self-petition: Victims of domestic violence may file a petition for themselves without the need for their spouse or family member to file a petition for them.
• Waiver of certain requirements: Victims of domestic violence may request exemptions from certain eligibility requirements, such as the requirement to demonstrate financial ability.
• Protection from deportation: Victims of domestic violence may apply for protection from deportation.

Requirements:

• Evidence of the relationship: Proof of the relationship with the abuser, such as marriage certificates, medical records, etc.
• Evidence of violence: Police reports, protection orders, medical records, witness testimonies, etc.
• Form I-360: Complete and file Form I-360, Self-Sufficient Immigrant Petition under the Violence Against Women Act.

Child Status Protection Act (CSPA)

The CSPA was enacted in 2002 with the primary objective of preventing children of immigrants from losing their immigration status due to delays in the processing of their cases. This law establishes a method for calculating an individual’s age to determine whether he or she qualifies as a “minor” for immigration purposes, even if he or she has reached the age of 21.

• Objective: To protect the children of immigrants from the consequences of bureaucratic delays.
• Benefits: Allows some individuals to maintain their “minor” status for a longer period of time, which may open doors to certain visa categories.
• Limitations: The CSPA has certain limitations and specific requirements that must be met in order to benefit from it.

DACA (Deferred Action for Childhood Arrivals)

DACA is a program created by the Obama administration that offers temporary protection from deportation to certain immigrants who came to the United States as children. DACA recipients can obtain work permits and study at educational institutions.

• Objective: To protect young immigrants who came to the United States as children and know no other home.
• Benefits: Allows beneficiaries to work legally, study and contribute to the U.S. economy.

Same-Sex Marriage and Migration

The legalization of same-sex marriage in the United States has had a significant impact on immigration laws. U.S. spouses can now sponsor their same-sex spouses for permanent residency.

• Equality: The legalization of same-sex marriage has led to greater equality in terms of immigration rights for same-sex couples.
• Family reunification: Same-sex couples can now apply for family reunification in the same manner as heterosexual couples.

Intersections and Complexities

These three areas of immigration law are interconnected and can affect individuals in complex ways. For example:

• CSPA and DACA: A DACA beneficiary who is the child of an immigrant may benefit from the CSPA if his or her parent’s petition for permanent residence is delayed.
• Same-sex marriage and DACA: A DACA recipient who marries a U.S. citizen or permanent resident may apply for permanent residence through marriage.
• CSPA and same-sex marriage: An individual who married his or her same-sex partner before turning 21 may benefit from the CSPA if his or her spouse’s petition for permanent residence is delayed.

• Different paths to obtain a green card: employment, family, investment.
• Adjustment of status process.
• Benefits of permanent residency.

Different ways to obtain a green card

There are several ways to obtain a green card. The most common are:

• Family-based:
  
  • Spouse of a U.S. citizen: If you are married to a U.S. citizen, you may apply for permanent residence.
  • Children of U.S. citizens: Unmarried children under the age of 21 of a U.S. citizen may be sponsored for residency.
  • Other relatives: In some cases, other relatives such as parents, siblings or adult children can sponsor their relatives for residency, although waiting times are usually longer.

• Employment-based:
  
  • Skilled workers (H-1B): After working in the U.S. on an H-1B visa for a certain period of time, you may apply for permanent residence.
  • Exceptional ability immigrants: Professionals with extraordinary ability in the sciences, arts, education, business or sports may apply for residency.
  • Investors: Through the EB-5 program, foreign investors can obtain permanent residency by investing a significant amount of money in a U.S. business that creates jobs.
• Other ways:
  
  • Asylum: People fleeing persecution in their home country may apply for asylum and, eventually, permanent residence.
  • Refugee: Refugees resettled in the United States may apply for permanent residence after one year.

Status adjustment process

Adjustment of status is the process by which a person who is lawfully present in the United States on a nonimmigrant visa may apply to become a permanent resident without having to leave the country.

General requirements for adjustment of status:

• Legal basis: You must have a legal basis for remaining in the United States, such as a student or work visa.
• Approved Petition: If your case is family or employment based, you must have a petition approved by USCIS.
• Payment of fees: You must pay the appropriate fees to the USCIS.
• Biometric interview: You must attend a biometric interview to take your fingerprints and a photograph.
• Interview: In some cases, you may be required to attend an interview with a USCIS officer.

Benefits of permanent residency

• Live and work legally in the United States: You will be able to live and work anywhere in the United States without restrictions.
• Bring your family: You will be able to sponsor your spouse and unmarried children for permanent residence.
• Applying for citizenship: After meeting certain requirements, you may apply for U.S. citizenship.
• Travel abroad and return: You may travel abroad and return to the United States without restrictions.
• Access to certain government benefits: You will be able to access certain government benefits, such as Medicaid and Medicare.

Important considerations:

• Processing Times: Processing times for obtaining permanent residence can vary significantly depending on the visa category and the USCIS service center.
• Specific requirements: Each visa category has specific requirements that must be met.

• Requirements for naturalization.
• Application process.
• Benefits of citizenship.

Citizenship Requirements

To obtain U.S. citizenship through naturalization, you must meet several requirements, including:

• Lawful Permanent Residence: You must have been a lawful permanent resident of the United States for a specified period, usually five years.
• Age: You must be at least 18 years old.
• Physical residence: You must have physically resided in the United States for a specified period of time, usually three or five years, depending on your situation.
• Good moral character: You must demonstrate that you are a person of good moral character during the period of residency.
• English proficiency: You must be able to read, write and speak basic English.
• Knowledge of U.S. history and government: You must demonstrate a basic knowledge of U.S. history and the U.S. system of government.

Application Process

The citizenship process consists of several steps:

1. Complete Form N-400: This form is the official application for U.S. citizenship.
2. Gather the required documentation: You must gather all the documents that prove that you meet the requirements, such as your green card, passport, birth certificates, etc.
3. Interview: You will attend an interview with a USCIS officer to discuss your application and answer questions about your eligibility.
4. Citizenship test: During the interview, you will be given a test to assess your knowledge of English, history and the U.S. government.
5. Oath of Allegiance: If you pass the interview and test, you will participate in a ceremony where you will take the oath of allegiance to the United States and receive your certificate of citizenship.

Benefits of U.S. Citizenship

U.S. citizenship offers numerous benefits, including:

• Voting rights: You may participate in federal, state and local elections.
• U.S. Passport: You will be able to obtain a U.S. passport and travel freely around the world.
• Consular protection: If you travel abroad, you will have the support of the U.S. government
• Government employment opportunities: You will be able to apply for jobs in the federal government.
• Ability to sponsor family members: You will be able to sponsor your family members to obtain permanent residency.
• Freedom of speech and religion: You will enjoy the same rights and freedoms as any other U.S. citizen.

• Immigration detention: Detainee rights, bond.
• Deportation defense: Different defenses, asylum applications.
• Immigration hearings: Preparation, legal representation.

Immigration Detention: Detainee Rights and Bail

Immigration detention is a process in which a foreign person is detained by immigration authorities due to a violation of immigration laws. During this process, detainees have certain rights that must be respected.

• Rights of detainees:

  • Right to counsel: Detainees have the right to contact an attorney and to have legal representation during the process.
  • Right to a hearing: You have the right to a hearing before an immigration judge to present your case.
  • Right to contact your consulate: You may contact your consulate for assistance.
  • Right to food, water and medical care: Detention facilities must provide adequate food, water and medical care.
  • Bail: In some cases, detainees may apply for bail to get out of detention while awaiting their hearing. The amount of bail and the requirements for obtaining it vary depending on the circumstances of each case.

Deportation Defense: Different Defenses and Asylum Applications

If a person is facing deportation proceedings, he or she has the right to present a defense. Some of the most common defenses include:

• Cancellation of Removal: This defense is based on continuous residence in the United States for an extended period of time and the presence of strong family or economic ties in the country.
• Asylum: If a person fears persecution in his or her home country for reasons of race, religion, nationality, membership in a particular social group or political opinion, he or she may apply for asylum.
• Adjustment of status: If the individual has a lawful basis for remaining in the United States, such as an approved family petition, he or she may apply to adjust status to permanent resident.
• Waiver: In some cases, a waiver may be requested to waive inadmissibility for humanitarian, public interest or extreme hardship reasons for a U.S. citizen or permanent resident spouse or child.

Immigration Hearings: Preparation and Legal Representation

Immigration hearings are formal proceedings where an immigration judge hears arguments from both sides (the government and the individual) and makes a decision on the deportation case.

• Master Hearings: These are initial hearings where the basic facts of the case are established and an individual hearing is scheduled.
• Individual Hearings: These are more detailed hearings where evidence and legal arguments are presented.

Common Motions in Defense of Deportation

• Motion to Change the Place of Hearing: If the individual believes that he or she cannot obtain a fair trial at a certain location, he or she may request to change the location of the hearing.
• Motion to Reopen Previous Orders: If there is new evidence or circumstances that were not considered in a previous decision, the case may be requested to be reopened.
• Stay of Deportation: This involves requesting that the deportation order be temporarily stayed while another legal matter, such as an asylum petition or an application for adjustment of status, is resolved.

Cancellation of Removal

Cancellation of removal is a form of immigration relief that allows certain individuals to avoid deportation. There are two main types:

• Cancellation of Removal for Non-Permanent Residents: Available to those who have continuously resided in the United States for at least seven years and meet other requirements.
• Cancellation of Removal for Permanent Residents: Available to permanent residents who have been convicted of a deportable offense but have demonstrated good moral grounds and that their deportation would cause extreme hardship to their U.S. citizen or permanent resident spouse or child.

• Legal representation:

  • Importance of an attorney: An immigration attorney from Hector Hernandez & Associates can make a big difference in the outcome of your case. We know the immigration laws and procedures and can develop an effective legal strategy to defend your rights.

• Immigration for entrepreneurs.
• Immigration for refugees.
• Taxes for immigrants.

Immigration for Entrepreneurs

Immigration to the United States can be an excellent opportunity for entrepreneurs looking to expand their businesses or start new ventures. There are several visas designed specifically for entrepreneurs, including:

• E-2 Visa: This visa is for citizens of countries with trade agreements with the United States who wish to invest a significant amount of capital in a U.S. business and play an active role in its management.
• EB-5 Visa: This visa is intended for foreign investors who invest a substantial amount of money in a new commercial enterprise or an existing U.S. business that creates jobs.

Requirements and considerations:

• Solid business plan: Entrepreneurs must present a detailed business plan that demonstrates the viability of their business and its ability to create jobs.
• Significant investment: The amount of investment required varies according to the type of visa and the location of the investment.
• Job Creation: Entrepreneurs must demonstrate that their investment will create jobs for U.S. workers.

Refugee Immigration

Refugees are people who flee their home country because of persecution based on race, religion, nationality, membership in a particular social group or political opinion. The United States has a resettlement program for refugees that allows them to live and work in the country.

Resettlement process:

1. Referral: Refugees are referred to the United States by the United Nations High Commissioner for Refugees (UNHCR) or other international organizations.
2. Interviews and medical examinations: Refugees must undergo interviews and medical examinations to determine their eligibility for resettlement.
3. Resettlement: If approved, refugees are resettled in a U.S. community, where they receive resettlement services such as housing, employment and social assistance.

Benefits:

• Protection: Refugees receive protection from persecution.
• Opportunities: They have the chance to rebuild their lives in a new country.
• Pathway to permanent residency: After a period of time, refugees may apply for permanent residency and eventually U.S. citizenship.

Taxes for Immigrants

Immigrants, like U.S. citizens, have tax obligations. The taxes they must pay depend on their immigration status, income, and other circumstances.

Types of taxes:

• Income Tax: Immigrants must file an income tax return if they have U.S. taxable income.
• State and local taxes: Some states and localities also impose income taxes.
• Taxes on goods and services: Immigrants must pay taxes on goods and services, such as sales tax.

Important considerations:

• Individual Taxpayer Identification Number (ITIN): Immigrants who do not have a Social Security number can apply for an ITIN to file their tax returns.
• Tax treaties: Tax treaties between the United States and other countries may affect the tax obligations of immigrants.