THE IMMIGRANT VISA PROCESS (Lawful Permanent Resident "LPR")
A Foreign national can obtain permanent resident status in the United States via Adjustment of Status or outside the US via Consular Processing. An Immigrant visa must be filed with the United States Citizenship and Immigration Services by any of the following family members: United States Citizen ("USC") Spouse, Parent, Sibling or Child(if over 21); a Lawful Permanent Resident(LPR) Spouse or Parent. An Immigrant Visa can also be obtained through a United States Company. All foreign nationals must prove that they are eligible for an immigrant visa and that a visa is immediate available.
At REID & GAUDET Law Group, LLP, our office is staffed with experienced Immigration Attorneys who will assist you in determining which option best suits your needs and provide you with quality representation through the entire process. Please contact us to schedule an appointment.
PETITIONS FOR PERMANENT RESIDENCY STATUS IN THE US
MARRIAGE PETITIONS:
A Foreign national may obtain permanent resident status in the United States based on their marriage to a citizen or permanent resident of the United States. The foreign national must establish that the marital relationship is or was bona fide at the time and that he/she is admissible to the US. The USCIS looks to the intent of the parties at the time of marriage and after the grant of conditional status if applicable. Marriage petitions are generally conducted in three stages.
FAMILY PETITIONS:
USC Spouse, Parent, Child (Over 21) or Sibling. The Foreign Nationals must establish a blood relationship to the USC or LPR Petitioner and must be admissible to the US once the visa is approved.
EMPLOYMENT/PERM PETITIONS (All E-B Categories):
Perm is only employment option by which a foreign national may obtain a green card. A United States Employer may apply for a foreign national to become permanent reside in the United States based on its offer of employment with that company. Under the Perm process the US Employer is required by the US Labor Department to prove that there are no qualified Americans available to take the job being offered to the foreign national green card applicant. In all Perm cases, the employer acts as the petitioner in obtaining the green card. You Must have an approved offer of employment before filing a green card application.
NONIMMIGRANT VISA PROCESS
With the exception of following nonimmigrant visa recipients (K-1, H-1 and R-1), temporary visa recipients must prove that they INDEND to come to the US temporarily. Your duration of stay will be indicated on your I-94 Arrival Cards.
TYPES OF TEMPORARY VISAS
FIANCE VISA (K-1):
If you intend to marry a US Citizen, your USC fiancé may apply for a nonimmigrant K-1 visa to bring you to the US to get married. Although K-1 are categorically nonimmigrant visas, it will convert to immigrant status upon marriage to the USC sponsor and filing of adjustment once in the US. The marriage MUST take place within 90 days of your arrival within the US.
TEMPORARY SPECIALTY WORKERS(H-1B VISAS):
To qualify for an H-1B visa, you must first have a job offer from the US employer for duties to be performed in the US. The employer must certifies that the foreign national will be paid at least the average or "prevailing" wage for that type of job in that particular geographic area. H-1B visas are available only to workers in occupations requiring highly specialized knowledge normally acquired through a college education.
TEMPORARY AGRICULTURAL WORKERS(H-2A):
H-2A visa are given to foreign nationals coming to the US temporarily to engage in temporary or seasonal agricultural employment.
TEMPORARY SEASONAL WORKERS(H-2B VISAS):
H-2B visas are given to skilled and unskilled workers, as compared to H-1B visas, which are intended for college-educated workers. However, unlike an H-2A, an H-2B visa receipt comes to the US temporarily to engage in non-agricultural employment that is seasonal, intermittent, to meet a peak load need, or a one-time occurrence.
To get an H-2A or H-2B visa, it must be shown that there are no qualified Americans available to take the job you have been offered.
BUSINESS AND TOURIST VISITORS (B-1/B-2 )
A B-1 visa is granted to foreign nationals who intend to come to the US as a visitor for business temporarily. A B-1 visa allows you to be in the US for business purposes such as making investments, buying goods, attending seminars, or performing other temporary work for an employer located outside the US. Employment and or establishing a company is strictly prohibited.
A B-2 visa is granted to foreign nationals who intend to come to the US temporarily as a tourist or for medical treatment. A B-2 tourist are prohibited from engaging in any business-related activities.
B-2 visa recipients are usually given stays of up to six months and B-1 business visitors may stay up to a maximum of one year.
INTRACOMPANY TRANSFERS: L-1 VISA
You qualify for an L-1 visa if you have been employed outside the US as a manager, executive, or person with specialized knowledge for at least one out of the past three years, and you are transferred to the US to be employed in a position that utilizes your special knowledge and skills. The US company to which you are transferring must be a branch, subsidiary, affiliate, or joint venture partner of you non-US employer. The non-US company must remain in operation while you have the L-1 visa. Visas can initially be approved for only up to three years. Extensions of two years at a time may be allowed until you have been in the US for a total of seven years if you are a manager or executive. Visas are available for accompanying relatives, and your spouse will be permitted to accept employment in the US. Accompanying relatives may stay in the US with you, but your children may not work, unless they get work authorization through a separate basis for eligibility.
REID & GAUDET Law Group, LLP
Springfield Office:
969 Main Street
PO Box 2245
Springfield, MA 01101
Toll Free: 866-726-3190
Phone: 413-306-4317
Fax: 413-731-8643
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Leominster Office:
3 Park Street
Leominster, MA 01453
Phone: 978-534-9700
Fax: 978-534-9701
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At the REID & GAUDET Law Group, LLP, our lawyers represent individuals, employers and corporations with an immigration law concern. Our offices serve clients in Hamden, Essex and Worcester Counties and in the following Massachusetts cities: Springfield, Leominster, Lawrence, Chicopee, Framingham, Haverhill, Holyoke, Hudson, Lowell, Marlborough, Methuen, Milford, Pittsfield, West Springfield, Worcester, Boston and Dorchester. We also represent clients in Manchester, New Hampshire.
