While an attorney is not required for your petition under the Violence Against Women Act (VAWA), there are some important reasons you should consider hiring one. Determining Your Potential Eligibility There are some distinct requirements that are necessary to establish that you qualify for a green card under VAWA. An attorney can look at your situation before you even begin the application process and determine whether you have a chance of being successful in your application. If you’re not eligible for VAWA, the attorney may find another visa program you can consider. Determining What Evidence You Need Applying for VAWA doesn’t just involve filling out a few forms and hoping for approval. You must provide concrete evidence establishing all of the necessary elements in order to qualify. This can be complicated, and you may not know exactly what is necessary to prove your case. An attorney, especially one with experience in VAWA cases, can help determine exactly what evidence is necessary to establish your case.…Read More
The T visa was established to help combat human trafficking. It is intended to provide immigration relief to those who are the victims of human trafficking. A T visa allows a survivor to work temporarily in the United States and provides a path to a green card. The Benefits Of A T Visa A T visa allows a holder four years of lawful immigration status and four years of employment authorization. A T visa holder can also apply for a green card if they meet certain criteria. A holder may be eligible for federal refugee benefits, which include cash assistance, food stamps, and job training. With a T visa, a holder also has the ability to petition for certain family members. For applicants over 21 years old, these family members include children and spouses. For those under 21, the family members can include spouses, children, parents, and unmarried siblings under 18 years old. There is a cap of 5,000 T visas per year, but as…Read More
In 2017, the Trump administration stopped accepting first-time applications for DACA and left the program in limbo. But in December of 2020, a federal court signed an order reopening the door for first time DACA applicants. Under the order, the Department of Homeland Security had three days to post a public notice that it was accepting new applications. A Big Win The court ruling was a big win for young people who were brought to the United States when they were children. The program shields about 650,000 people from deportation and allows them to legally work in the country. In compliance with the court order, the U.S. Citizenship and Immigration Service updated its website with a notice confirming it will take new DACA applications. New applicants are advised to act quickly in getting their applications in now since the government may appeal that court ruling, leaving the future of DACA somewhat unclear. A Long Legal Battle After the Trump administration stopped accepting new applications and…Read More
The Deferred Action for Childhood Arrivals (DACA) program is a useful immigration tool for young people who were brought to the United States as children. What Is DACA? DACA is a program created by the Obama administration in 2012 to protect from deportation certain undocumented immigrants who came to the United States as children. In addition to protection from deportation, DACA recipients are eligible for a social security number, work authorization, and a state-issued ID or driver’s license. Do DACA Recipients Have Full Legal Status? No. DACA does not grant lawful status such as a visa or a green card and does not provide a path to United States citizenship. Who Qualifies For DACA? In order to be eligible for DACA, applicants must meet the following criteria: Entered the United States unlawfully prior to their 16th birthday Have lived continuously in the United States since June 15, 2007 Were under age 31 on June 15, 2012 Were physically present in the United States on June 15,…Read More
The decision to hire an immigration attorney is a personal one, and you want to make sure that you hire the right one for you. Here are some things to look for when deciding who to hire: Experience The most important thing to look for in an immigration attorney is experience, especially with the type of matter you are seeking help with. Check out the attorney’s website or talk to the attorney to get more information about the types of matters they handle the most and see how long they’ve been practicing. Past Success You want to make sure that the attorney you hire has been successful in their practice. The best way to determine this is to look at testimonials from past clients. Were past clients happy with the service they received or did they have complaints? Ask to see references from the attorney and check out review sites. A Different Approach If you have a complex immigration issue, then you want to make…Read More
In order to remain at the top of their field, athletes, entertainers, and other performers must travel the globe in order to remain at the top of their field. This often involves working in the United States. In order to perform in the United States, an entertainer must be sure to have the right visa in place. There are two options you may want to consider if you’re an entertainer looking to work in the United States. An experienced immigration attorney can help you may the right decision for your circumstances. P-1 Visas P-1 visas are available to athletes, artists, and entertainers who wish to work in the United States. You may be eligible for a P-1 visa if you are an entertainer, or group of entertainers, recognized as outstanding. P-1 visa holders may perform for payment or prize money. Visa holders may travel freely between the United States and other countries. O-1 Visas O-1 visas are available for individuals with extraordinary abilities in the…Read More
The most commonly used nonimmigrant work visas are the L-1 and H-1B visas. These visas have some things in common, but there are also quite a few differences. If you are in the process of choosing a route to the United States, it may difficult to choose which visa is right for you. If you work for a multinational corporation, then the L-1 visa is probably the most appropriate. The H-1B visa will work if you want more flexibility in your job. L-1 Visa The L-1 visa is also known as the intra company transfer visa. It allows multinational companies to transfer employees from foreign locations to those in the United States. The L-1 visa applies to managerial and executive employees or employees with specialized knowledge. An individual with specialized knowledge must possess knowledge about the company’s operations. An L-1 visa is a dual intent visa and the maximum length an individual is allowed to stay in the United States is seven years. H-1B Visa…Read More
A J-1 visa is a nonimmigrant visa available to exchange visitors who are teachers, professors, research scholars, or people with specialized skills. One of the advantages of a J-1 visa is that you are allowed to change to another nonimmigrant visa if you wish to stay in the United States after your program has ended. The O-1 visa is one of the categories you can easily switch to. There are some distinct advantages to O-1 visa that make it an attractive option. Advantages Of An O-1 Visa O-1 visas are for those individuals who demonstrate extraordinary ability in a number of different fields including academics, athletics, science, and the arts. One of the advantages of an O-1 visa is that you can apply for an unlimited number of extensions and potentially stay in the United States indefinitely as long as you continue to meet the criteria. Another advantage is that, unlike other work visas, there is no annual cap on the number of O-1 visas…Read More
Under the Violence Against Women Act (VAWA), individuals who demonstrate that they have been the victims of abuse or eligible to obtain green cards. VAWA green card holders are also eligible to apply for citizenship. In some cases, VAWA green card holders can apply for citizenship after three year instead of the usual five years. Spouses Of United States Citizens If you are the abused spouse of a United States citizen, then you may be eligible to apply for citizenship three years after you obtain your green card. You will not be required to show that you are still residing with the citizen spouse. It also doesn’t matter if you are still married or divorced from the citizen spouse. You can also apply after three years as a legal permanent resident even if your citizen spouse has died. This is an important benefit of the VAWA green card. Spouses of U.S. citizens that seek naturalization have to wait five years after obtaining their green card.…Read More
O-1 visas are more flexible than other nonimmigrant visas. However, there are work restrictions and limitations that you should be aware of in order to make the most of your status. O-1 Visa An O-1 visa is a nonimmigrant visa that is available for those individuals who demonstrate extraordinary ability in their field. There are O-1A visa for those whose fields include science, business, education, and athletics. An O-1B visa is available for those individuals who are in the motion picture or television industry. There are strict standards that must be met in order to qualify for an O-1 visa. Work Restrictions Although an O-1 visa is fairly flexible, there are still a number of work restrictions, including: You Cannot Sponsor Your Own Visa—an O-1 visa application can only be sponsored by a United States employer or an O-1 visa agent. There must be a contractual agreement between the O-1 visa holder and the agent. Changing Employers—while an O-1 visa holder can work for multiple…Read More