This immigration firm has an immigrant attorney who went through the immigration process himself and understand the hopes and fears of would be immigrants and aliens seeking immigration benefits.

In twenty years, this immigration firm has serve the needs of immigrant communities in Northern Virginia, particularly the in Northern Virginia, Fairfax County, Fairfax City, Prince William County, Manassas City, Manassas Park, Fauquier County, Loudon County, Stafford County, Alexandria City, Arlington County, and Falls Church.

We assist aliens obtain green cards, work permits, student visas, fiancee visas, labor certifications and other immigration applications. We also provide representation in removal or deportation proceedings.

Your immigration case will be handled by an experienced immigration attorney, with only minimal involvement of legal assistants. When you call to inquire about your immigration case, you will be talking with an immigration attorney to update you with the status, not with a legal assistant.

GREEN CARDS

A. - Family based petition

(i) - A citizen can petition for the following relatives:

1. A husband, wife or unmarried child under 21 years old or a parent if the petitioner is at least 21 years old. This includes an adopted child, if the adoption took place after the child became 16 years old and the child has been in the legal custody and living with the adopting parents for at least two years. This also covers a stepparent or stepchild, if the marriage that created this relationship took place after the child became 18 years old.

This class of beneficiaries are referred to as "immediate relatives" and are entitled to an immediate issuance of an immigrant visa, provided that they meet all the statutory qualifications.

2. A citizen can also petition for unmarried child over 21, which is classified as the first preference category, and married child of any age, which is classified as the third preference category. 3. A brother or sister can also be petitioned by a US citizen who is at least 21 years of age. This is the 4th preference category.

(ii) - A permanent resident can petition only for a husband or wife and an unmarried child. This is the 2nd preference category. A green card holder cannot petition for his/her parent. Right now, the priority date for second preference family category is seven years ahead of the first preference category. If you are a green card holder who has filed a petition for an unmarried child, you have to think twice before you decide to be naturalized because naturalization of the petitioner will automatically reclassify the petition to first preference. This obviously will prolong the waiting time for the beneficiary.

There are circumstances which will disqualify beneficiaries. A petition for a husband or wife cannot be approved if the parties were not both physically present at the marriage ceremony (proxy marriage), and the marriage was not consummated. A citizen or green card holder also cannot petition for a husband or wife if the petitioner obtained permanent resident status through prior marriage to a US citizen or permanent resident, unless five years has passed since the petitioner became a green card holder, or the petitioner can establish by clear and convincing evidence that the prior marriage was entered into in good faith and not for the purpose of evading the immigration laws, or the prior marriage was terminated by death of the former spouse. Marriage also will not be a basis for immigration benefits if the marriage took place when the beneficiary was already in exclusion, deportation or removal proceeding, unless the spouse beneficiary has resided outside the US for the required period after the date of the marriage.

Lastly, a US citizen or permanent resident cannot validly petition for a grandparent, grandchild, nephew, niece, uncle, aunt or cousin.

B - Petition by an Employer for permanent residence

(i) Requires labor certification in most cases. This is the process whereby the employer is required to prove that it has tried to recruit American workers to fill the job. If employer is able to demonstrate that it was unable to find qualified American workers, labor certification is issued and the employer can then file a petition with Immigration Service to grant permanent residence to alien. Processing time depends on country of origin and nature of job.

-FIANCEE VISA

Love visa

True love may pave the way for a ticket to the United States. An alien who is the fiance(e) of a U.S. citizen petitioner may be issued a K-1 visa which will allow entry to the U.S. for the purpose of marrying the U.S. citizen petitioner.

To qualify for a K-1 visa, the petitioner and the alien must satisfy the following requirements: (i) the parties have personally met within two years preceding the date of filing of the petition; (ii) they must have a bona fide intention to marry; and (iii) they are legally qualified and actually willing to conclude a valid marriage in the U.S. within ninety days after the fiance(e)'s arrival.

The requirement for a personal meeting within two years preceding the filing of the petition may be waived by the INS if the parties can establish that the meeting would result in extreme hardship to the petitioner or would violate the traditional customs of the beneficiary's foreign culture or social practice, as in marriages arranged by parents. Health reasons, travel restrictions or financial burdens are circumstances that may merit a waiver based on extreme hardship.

The documentation necessary to prove contact and intent to marry includes, among others, photographs of the parties being together, letters, e-mail, telephone bills and affidavits of relatives who have personal knowledge of the relationship.

If the alien beneficiary has minor children, the children can come with the principal beneficiary under a K-2 visa, either accompanying or following to join within one year of the issuance of the K-1 visa.

If the alien or the petitioner fail to marry within 90 days of the alien's arrival, the alien then becomes subject to removal. A K-1 visa holder will not qualify for an extension of stay or change to another immigration status, i.e. B-2, H-B1 or employment based immigrant petition. If the alien marries another U.S. citizen instead of the petitioner, the alien cannot apply for adjustment of status while remaining in the U.S. The only way for a K-1 visa holder to adjust status to permanent resident in the U.S. is by marriage to the petitioner within 90 days of arrival.

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The Life Act also has expanded the eligibility for a "K" visa to provide for a new temporary status for spouses of U.S. citizens and their minor children who are outside the U.S. waiting for the approval of their permanent resident visa. K visa used to be limited to fiancees of U.S. citizens who enter the U.S. to marry the U.S. citizen sponsor.

In the past, when a U.S. citizen marries an alien outside the U.S., the alien spouse usually had to wait for many months in his/her home country while waiting for the approval of the immigrant petition and the issuance of the permanent resident visa. This temporary status relieves the unwanted separation between newly married couples.

To obtain a K visa, the U.S. citizen must first file an immigrant petition for the alien who is outside the U.S. After the immigrant petition is filed, the K visa petition must be filed in the U.S. by the U.S. citizen spouse. If the marriage occurred outside the U.S., the K visa must be issued by the consulate where the marriage occurred.

K visa holders are entitled to be issued work authorization pending adjustment of status to permanent resident.

-Citizenship/Naturalization

Residence in the U.S. is among several requirements for permanent residents applying for naturalization. A permanent resident must reside continuously in the U.S. for a period of five years after obtaining permanent resident status. If the permanent resident obtained such status through marriage to a U.S. citizen, the residence requirement is three years. Of the five years (or three years for spouses of U.S. citizens) residence requirement, the permanent resident must have been physically present in the US for at least half of that period.

For purposes of counting continuous residence, an absence of six months does not break the continuity of the alien’s residence in the U.S. An absence of more than six months but less than one year breaks the continuity of the alien’s residence, unless the alien can demonstrate a reasonable cause for the extended absence. An absence from the U.S. of one year or more definitely interrupts the continuity of the alien’s residence for naturalization purposes, unless the alien files a request with the INS for an extended absence benefit before he has been absent from the US for one year.

Who qualifies for extended absence benefits?

The alien must meet the following requirements:

1. He has resided or been physically present in the U.S. as a permanent resident for an uninterrupted period of one year prior to the absence;

2. He will be working abroad for the (I) U.S. government, (ii) a U.S. research institute, (iii) a U.S. corporation engaged in foreign trade and commerce, and (iv) an international organization ()for which the alien was not employed prior to becoming a permanent resident) of which the US is a member;

3. The absence from the US is in furtherance of his overseas employment.

If the alien’s residence in the U.S. is interrupted by absence, the alien must start all over again to meet the necessary five (or three) years of continuous residence upon his return to the U.S. A permanent resident who breaks the continuity of residence, may apply 4 years and 1 day following the date of his return to the U.S. to resume residency. As for aliens who are married to US citizens, they can apply for naturalization after 2 years and 1 day following his return.

Permanent residents should not confuse the physical residence requirements for naturalization purposes with the physical residence requirement for purposes of preserving permanent residence. To preserve permanent residence status, a green card holder should not be absent from the U.S. for more than one year, unless he obtains a reentry permit from the INS before departure. If a green card holder intends to preserve his continuous residence for purposes of applying for naturalization at the earliest time, he should not be absent from the U.S. for six months or more.

- ADOPTION

(i) U.S. citizens or lawful permanent residents can petition for children adopted under 16 years old provided that petitioner had legal custody and resided with child for at least two years;

(ii) The two-year legal custody and residence will not be required if a U.S. citizen petitions a child under sixteen years who is an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents, or for whom the sole or surviving parent is incapable of providing proper care and has inwriting irrevocably released the child for emigration and adoption.

-Deportation/Removal

Having a green card is not an absolute guarantee that an alien will not be removed from the United States. A permanent resident alien who commits certain crimes may be subject to removal.

The Immigration law however affords permanent residents discretionary relief from removal if they meet the following requirements:

1. The alien has been lawfully admitted for permanent residence for not less than five years,

2. The alien has resided in the United States continuously for 7 years after having been admitted in any status, and

3. The alien has not been convicted of any aggravated felony.

This discretionary relief which essentially waives the criminal ground for removal is available to aliens who have committed crimes involving moral turpitude, or those who have been convicted of two or more offenses, if the aggregate sentences to confinement actually imposed were five years or more, and those who have engaged in prostitution the United States.

If the green card holder has committed an offense constituting an aggravated felony as defined under Sec. 101a(43) of the Immigration Act, the cancellation of removal relief is not available. Examples of aggravated felonies are: murder, rape, sexual abuse of a minor, drug trafficking, money laundering, violent crimes and theft offenses punished by at least 1 year imprisonment, ransom, child pornography and several others.

If you have a green card, stay out of trouble or you still could face removal proceedings. Or better yet, consider applying for naturalization if you are already qualified.

- WORK PERMITS

HOW TO OBTAIN A WORK PERMIT

I - Become a green card holder

A - Petition by relative who is a

(i) U.S. citizen can petition for spouse, parents, children (includes adopted and step children), brother/sister;

(ii) Permanent resident can petition for spouse and unmarried children - processing time is determined by the Visa Bulletin from the State Department based on country of origin and relationship of petitioner and beneficiary.

B- Petition by an employer

Requires labor certification in most cases. This is the process whereby the employer is required to attempt to recruit American workers for a specific job. If no American worker applies or is available, labor certification could be granted and the employer can then file a petition with the Immigration Service to grant permanent resident status to alien worker. Some jobs do not require labor certification, i.e. nurses, physical therapists.

II - Petition for Non-immigrant Working Visa

A - "H-1" is working visa for professional jobs that requires college degree.

B - "H-2" working visa for unskilled or non-professional jobs. Requires labor certification. Nature of the jobs, or job must be temporary that has definite duration. Issued for one year, can be extended to three years.

C - "F-1" - Student visa holders can obtain work permit upon recommendation by the school and upon showing of economic need due to changed circumstances not existing when original visa was issued. Students can also work as practical trainees during school breaks and for one year after obtaining a college degree.

D - Treaty Traders (E-1) or Treaty Investors (E-2) Visa
-Requires substantial investment in a U.S. Company majority owned by the alien
-Requires a commercial treaty between U.S. and country of origin of alien.
-Alien can work only for his company as an executive.
-Alien can bring spouse and dependents.

E - L-1 Visa (Executive Transferee)
-Alien must have at least one year paid employment as an executive/manager of a foreign company.
-The foreign company must have an affiliate or subsidiary company in the U.S.
-The alien must be transferred by the foreigncompany to work as an executive/manager in its U.S. affiliate as subsidiary company.

F. - P Visas for athletes and entertainers

G. - Q Visa
Participant in an international cultural exchange program for the purpose of providing practical training, employment and the sharing of history, culture and traditions of the alien’s country of nationality.

H. - R Visa for religious workers.

I. - O Visa

Aliens with extraordinary abilities and achievements in the arts, sciences, business education or athletics.

A & G Visas for those who can find job offers from international organizations and foreign embassies.

III - Apply for Political Asylum -

Requires showing that alien is has a well-founded fear of persecution if forced to return to home country. Frivolous asylum applications could jeopardize alien’s eligibility for any immigration visa.