An immigrant visa is issued to a foreign national who intends to live and work permanently in the United States. In most cases, a relative or employer sponsors the individual by filing an application with U.S. Citizenship and Immigration Services (USCIS).
K-3, SPOUSE OF US CITIZEN VISA
EMPLOYMENT-BASED IMMIGRANT VISA
THE PERM LABOR CERTIFICATION PROCESS
THE NATIONAL INTEREST WAIVER (NIW)
THE EB-5 FOREIGN INVESTOR VISA
RETURNING RESIDENT IMMIGRANT VISA
FAMILY-BASED IMMIGRANT VISA
We understand the importance of family reunification, and we are committed to helping you navigate the complex and constantly changing immigration laws. Our experienced attorneys can assist you with a variety of family-based immigration services, including:
- Fiancé(e) visas
- Spousal visas
- Parent visas
- Child visas
- Sibling visas
- Marriage-based green cards
- Adjustment of status
- Consular processing
We will work with you to determine the best course of action for your situation and guide you through the process with care and attention to detail.
K-1, FIANCE VISA
The K-1 visa is a nonimmigrant visa that allows a foreign fiancé(e) of a U.S. citizen to enter the United States for the purpose of getting married within 90 days of arrival. Here
These are the general steps involved in the K-1 visa process:
The U.S. citizen petitioner must file a Petition for Alien Fiancé (e) with U.S. Citizenship and Immigration Services (USCIS).
If the petition is approved, USCIS will forward the case to the National Visa Center (NVC) for processing.
Once the case is transferred to the NVC, the foreign fiancé(e) will be notified and must complete additional forms and submit supporting documents. The NVC will then schedule a visa interview at the U.S. embassy or consulate in the foreign fiancé’s home country.
If the visa is approved, the foreign fiancé(e) will receive a K-1 visa in their passport, which will allow them to travel to the U.S.
Once in the U.S., the foreign fiancé(e) must get married to a U.S. citizen within 90 days of arrival.
After getting married, the foreign fiancé(e) must apply for adjustment of status to obtain lawful permanent residence (green card) in the U.S.
The K-1 visa process can take several months or longer to complete, depending on the circumstances of the case and processing times. It is important to consult with an experienced immigration attorney to ensure that all requirements are met and the process is followed correctly.
K-3, SPOUSE OF US CITIZEN VISA
The K-3 visa is a nonimmigrant visa issued by the United States to the spouse of a U.S. citizen. The purpose of the K-3 visa is to allow the foreign spouse to enter the U.S. and wait for the approval of their immigrant visa petition. Here are the general
steps involved in the K-3 visa process:
The U.S. citizen petitioner must first file a Petition for Alien Relative with U.S. Citizenship and Immigration Services (USCIS).
Once the petition is approved, the U.S. citizen petitioner must file a Petition for Alien Fiancé(e) on behalf of their foreign spouse.
If the petition is approved, USCIS will forward the case to the National Visa Center (NVC) for processing.
Once the case is transferred to the NVC, the foreign spouse will be notified and must complete additional forms and submit supporting documents. The NVC will then
Schedule a visa interview at the U.S. embassy or consulate in the foreign spouse's home country.
If the visa is approved, the foreign spouse will receive a K-3 visa in their passport, which will allow them to travel to the U.S.
Once in the U.S., the foreign spouse must apply for adjustment of status to obtain lawful permanent residence (green card) in the U.S.
The K-3 visa process can take several months or longer to complete, depending on the circumstances of the case and processing times. It is important to consult with an experienced immigration attorney to ensure that all requirements are met and the process is followed correctly.
THE MARRIAGE-BASED GREEN CARD
The marriage-based green card process is the process by which a foreign spouse of a U.S. citizen or lawful permanent resident (LPR) can obtain lawful permanent residency (a green card) in the U.S. Here are the general steps involved in the marriage-based green card process:
The U.S. citizen or LPR spouse must first file a Petition for Alien Relative with U.S. Citizenship and Immigration Services (USCIS).
If the petition is approved, USCIS will forward the case to the National Visa Center (NVC) for processing.
Once the case is transferred to the NVC, the foreign spouse will be notified and must complete additional forms and submit supporting documents. The NVC will then schedule a visa interview at the U.S. embassy or consulate in the foreign spouse's home country.
Immigrant visa: If the visa is approved, the foreign spouse will receive an immigrant visa in their passport, which will allow them to travel to the U.S. and obtain lawful permanent residency.
Adjustment of status: If the foreign spouse is already in the U.S., they may apply for adjustment of status to obtain lawful permanent residency without having to leave the U.S. Attend a green card interview: The foreign spouse will need to attend an interview with USCIS to verify the authenticity of the marriage and ensure that all other requirements for permanent residency are met.
If the interview is successful, the foreign spouse will receive their green card and become a lawful permanent resident of the U.S. The marriage-based green card process can take several months or longer to complete, depending on the circumstances of the case and processing times. It is important to consult with an experienced immigration attorney to ensure that all requirements are met and the process is followed correctly.
EMPLOYMENT-BASED IMMIGRANT VISA
There are several types of employment-based immigration visas available in the United States, including:
EB-1 Visa: reserved for individuals who have extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors or researchers; or multinational managers or executives.
EB-2 Visa: reserved for individuals who have advanced degrees or exceptional ability in the sciences, arts, or business.
EB-3 Visa: reserved for individuals who have a bachelor’s degree or equivalent education and experience in skilled or unskilled occupations.
EB-4 Visa: reserved for special immigrants, including religious workers, employees of the U.S. government abroad, and certain individuals who have served in the U.S. armed forces.
EB-5 Visa: reserved for foreign investors who invest a minimum amount of capital in a new commercial enterprise that creates jobs in the United States.
EB-1, IMMIGRANT VISA
The EB-1 visa is an immigrant visa that allows individuals with extraordinary abilities, outstanding professors and researchers, and multinational executives or managers to work and live permanently in the United States. Here is an overview of the EB-1 visa process: The first step in the EB-1 visa process is to determine whether you are eligible for the visa. To be eligible, you must meet one of the following categories: extraordinary ability, outstanding professor or researcher, or multinational executive or manager. You will need to gather supporting documentation to demonstrate that you meet the eligibility criteria for the EB-1 visa. The required documentation varies depending on the category you are applying under but typically includes evidence of your achievements, such as awards, publications, and professional memberships.
The applicant or the employer must file an immigrant petition on your behalf with the U.S. Citizenship and Immigration Services (USCIS). The petition must include all the required documentation as well as a job offer if you are applying under the outstanding professor, researcher, multinational executive, or manager categories.
If the petition is approved, the USCIS will issue an approval notice.
Once the immigrant petition is approved, you can apply for a visa at a U.S. embassy or consulate in your home country. If you are already in the United States, you may be able to adjust your status to permanent residency without leaving the country. The visa application process involves submitting additional documentation, attending an interview with a consular officer, and undergoing a medical examination. If your visa application is approved, you will receive your EB-1 visa and can enter the United States to live and work permanently. Your immediate family members may also be eligible for visas to accompany you.
It is important to note that the EB-1 visa process can be complex, and there are specific requirements that must be met to qualify for the visa. Therefore, it is advisable to seek the assistance of an experienced immigration attorney to guide you through the process.
THE PERM LABOR CERTIFICATION PROCESS
The PERM Labor Certification process is a crucial step in obtaining a green card through employment in the United States. Here is a general overview of the PERM labor certification process:
- Job Requirements: Before the PERM process can begin, the employer must conduct a test of the job market to ensure that there are no qualified U.S. workers available to fill the position. The employer must also establish that the job requirements are based on a business necessity and are not tailored to the qualifications of a specific foreign worker.
- Prevailing Wage Determination: The employer must obtain a prevailing wage determination from the Department of Labor (DOL) to ensure that the offered wage meets or exceeds the prevailing wage for similar positions in the same geographic area.
- Recruitment: The employer must advertise the job opening to potential U.S. workers through various recruitment methods, including job postings, newspaper ads, and job fairs. The recruitment must comply with specific requirements set by the DOL, including the content and duration of the advertisements.
- Recruitment Report: After the recruitment period has ended, the employer must provide a report to the DOL documenting the recruitment efforts and the results of the recruitment process.
- PERM Application: Once the recruitment report is complete, the employer can file a PERM application with the DOL. The application includes information about the job opening, the qualifications of the foreign worker, and documentation of the recruitment efforts.
- DOL Review: The DOL will review the PERM application to ensure that all the requirements have been met. If there are no issues, the DOL will certify the application, which allows the employer to move on to the next step in the green card process.
- Green Card Application: After the PERM application is certified, the employer can file a green card application with U.S. Citizenship and Immigration Services (USCIS). The application includes information about the employer, the foreign worker, and their family members. The foreign worker must also undergo a medical examination and obtain police clearance certificates.
- Green Card Interview: If USCIS requires it, the foreign worker may need to attend an interview with a USCIS officer to discuss the green card application and provide additional information.
- Approval: If the green card application is approved, the foreign worker and their family members can become permanent residents of the United States.
The PERM Labor Certification process can be complex and time-consuming, so it is recommended to consult with an experienced immigration attorney to ensure that all the requirements are met and the process is completed successfully.
Each employment-based visa category has different eligibility criteria and application requirements, and the process can be complex. It is important to consult with an experienced immigration attorney to determine the best employment-based immigration option for your specific situation.
THE NATIONAL INTEREST WAIVER (NIW)
The National Interest Waiver (NIW) visa is a type of employment-based visa that allows individuals who are highly skilled or have exceptional ability in their field to obtain permanent residency in the U.S. without needing an employer sponsor.
To be eligible for an NIW visa, the individual must demonstrate that their work is in the national interest of the U.S. and that they have exceptional ability or are a member of a profession that is in shortage in the U.S.
The individual must file Form a Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS), along with supporting documents such as letters of recommendation, academic degrees, and evidence of achievements in their field.
If the petition is approved, the individual will be eligible to apply for an NIW visa.
The individual must file an application to Register Permanent Residence or Adjust Status, to adjust their status to permanent residency. They may also file for employment authorization and travel documents while the I-485 is pending.
The individual will need to attend an interview with USCIS to verify the authenticity of their employment and ensure that all other requirements for permanent residency are met. If the interview is successful, the individual will receive their green card and become a lawful permanent resident of the U.S.
The NIW visa process can take several months or longer to complete, depending on the circumstances of the case and processing times. It is important to consult with an experienced immigration attorney to ensure that all requirements are met and the process is followed correctly.
THE EB-5 FOREIGN INVESTOR VISA
The EB-5 visa is an immigrant visa category that allows foreign investors to obtain permanent residency in the United States by investing in a new commercial enterprise that creates at least 10 full-time jobs for U.S. workers.
The EB-5 visa application process involves the following steps:
Investment: The applicant must invest at least $1.8 million in a new commercial enterprise in the United States or at least $900,000 if the investment is made in a targeted employment area (TEA), which is an area with high unemployment or in a rural area.
Job Creation: The investment must create at least 10 full-time jobs for U.S. workers within 2 years of the investor’s admission to the U.S. as a conditional permanent resident.
The applicant must file a Form I-526 petition with U.S. Citizenship and Immigration Services (USCIS) to demonstrate that they have invested the required amount of capital and that their investment will create the required number of jobs.
Conditional Green Card: If the Form I-526 petition is approved, the applicant will be issued a conditional green card, which is valid for 2 years.
Removal of Conditions: Within 90 days before the expiration of the conditional green card, the applicant must file a petition to remove the conditions on their permanent residency by demonstrating that they have fulfilled the investment requirements and created the required number of jobs. If the petition is approved, the applicant will receive a permanent green card, which will allow them to live and work in the United States permanently.
It is important to note that the EB-5 visa process can be complex, and the requirements can vary depending on the individual circumstances of the applicant and the investment. It is recommended to consult with an experienced immigration attorney and financial advisor to ensure that all requirements are met and to maximize the chances of a successful application.
DIVERSITY IMMIGRANT VISA
The Diversity Immigrant Visa, also known as the Green Card Lottery, is a program that is administered by the U.S. Department of State each year. The program is designed to provide an opportunity for individuals from countries with low rates of immigration to the United States to apply for permanent residency, or a Green Card, through a random lottery selection process.
To be eligible for the Diversity Immigrant Visa program, applicants must meet the following requirements:
- Be a native of a qualifying country: Each year, the U.S. Department of State designates a list of countries that are eligible for the Diversity Immigrant Visa program. To be eligible, an applicant must be a native of one of these qualifying countries.
- Meet education or work experience requirements: Applicants must either have a high school education or equivalent or have at least two years of work experience in a qualifying occupation.
- Meet the eligibility criteria: Applicants must not have a criminal record or be otherwise ineligible for a U.S. visa.
If an applicant is selected for the Diversity Immigrant Visa program, they will be allowed to apply for permanent residency or a Green Card. However, it is important to note that being selected in the lottery does not guarantee that an applicant will receive a green card, as there are a limited number of visas available each year and additional eligibility requirements must be met.
SPECIAL IMMIGRANT VISAS
(SIVs) are a type of visa available for certain individuals who have served the U.S. government or military overseas and are now facing persecution or other serious threats in their home countries?
There are several different types of SIVs, including:
- Religious Worker Visas: These visas are available for religious workers who have been working for a qualifying religious organization in the U.S. for at least two years and who are now seeking permanent residency.
- Afghan and Iraqi Special Immigrant Visas: These visas are available for Afghan and Iraqi nationals who have worked for or on behalf of the U.S. government or military in Iraq or Afghanistan for at least one year and who have faced or are facing serious threats as a result of their service.
- Special Immigrant Juvenile Visas: These visas are available for foreign children who have been abused, neglected, or abandoned by one or both parents and cannot be reunited with them due to abuse, neglect, or abandonment.
- International Organization Employee Visas: These visas are available for employees of certain international organizations who are coming to the U.S. to work for that organization.
- Armed Forces Members’ Visas: These visas are available for certain non-U.S. citizens who served in the U.S. military during specified periods of time and who were honorably discharged.
Each type of SIV has its own eligibility requirements and application process. It is important to consult with an experienced immigration attorney to determine if you are eligible for a special immigrant visa and to guide you through the application process.
RETURNING RESIDENT IMMIGRANT VISA
A Returning Resident Immigrant Visa, also known as an SB-1 visa, is a special type of visa available to lawful permanent residents (LPRs) of the United States who have stayed outside the U.S. for an extended period and are now unable to return due to circumstances beyond their control.
To qualify for an SB-1 visa, an LPR must have left the United States with the intention of returning but was unable to do so due to circumstances beyond their control, such as an unexpected illness, a family emergency, or a job loss. Additionally, the LPR must have maintained their residence in the United States, filed U.S. tax returns, and not abandoned their LPR status.
The SB-1 visa application process involves demonstrating that the applicant meets the eligibility criteria and submitting evidence to support their claim that they were unable to return to the U.S. due to circumstances beyond their control. This may include medical records, death certificates, or employment termination letters, among other documentation.
If an LPR is granted an SB-1 visa, they will be able to return to the United States as a lawful permanent resident. However, it is important to note that the process of obtaining an SB-1 visa can be complex and time-consuming, and it is recommended to consult with an experienced immigration attorney to navigate the process.