Loric Immigration Solutions

Immigration Legal Services

Family-based petitions

In certain situations a citizen or lawful permanent resident of the United States may petition for a family member to receive permanent legal status.

A US Citizen may be able to file an I-130 petition for a husband or wife, unmarried son or daughter, a married son or daughter, a brother or sister, or a mother or father.

A lawful permanent resident of the United States may be able to file for a husband or wife, or unmarried son or daughter.

Employment-based petitions

In some situations if one has the right combination of skills, education, and/or work experience, one may be able to remain living in the United States permanently.

In certain circumstances, permanent worker applicants must have their employer obtain an approved labor certification from the U.S. Department of Labor to qualify. Attaining this labor certification verifies the following:

Whether there are already sufficient, available, qualified and willing U.S. workers to fill the position being offered at the prevailing wage. And, whether hiring a foreign worker will have an adverse affect on similar employed U.S. workers wages and working conditions.

U.S. Citizenship and Naturalization

One may apply for U.S. naturalization when one meets all of the requirements of becoming a U.S. citizen. If one applies for naturalization based on being a permanent resident for five years or based on three years of lawful permanent residency, and marriage to a U.S. citizen, then one can apply for naturalization up to 90 days before one meets the continuous residency requirement. All other requirements must be met at the time one files their application with USCIS. Applicants may be required to undertake English and civics testing based on their age and length of lawful permanent residency in the United States.

Violence Against Woman Act (VAWA)

In certain circumstances a battered spouse, child or parent may file an immigrant visa under the Violence Against Woman Act (VAWA). VAWA essentially allows some children, parents and spouses of U.S. citizens and permanent residents to file a petition unilaterally with out their abusers knowledge. The Act allows one seeking immigration legal status to find freedom and safety from their abuser. VAWA applies to both woman and men, and in such situations; the abuser in the relationship will not be notified by USCIS that one has filed for benefits under this law.

Consular Processing/Adjustment of Status

There are essentially two paths for one to attain their permanent residency (or green card). One method is through consular processing. Under this method, one who is the beneficiary of an approved immigrant petition and has an immigrant visa number immediately available may apply at a U.S. Consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident. Alternatively, one who is already in the United States and is eligible to receive their permanent residency can apply for their green card, without having to return to his/her home country to complete the process.

Waivers

Under different circumstances one may not be eligible to remain living permanently in the United States. Such reasons could be due to one’s involvement in a criminal act, committing fraud or misrepresentation, health related grounds, or simply being unlawfully present in the United States. Under such conditions, filing an I-601 waiver will be necessary to explain or clarify why one should be permitted to remain living in the United States, despite the apparent violation.

U Nonimmigrant Status (U)

Certain persons who have been victims of crimes may be eligible to apply for a temporary U visa. The victim will file form I-918 and may include qualifying family members in the application. Some sample criminal acts that may qualify for receiving the U visa are: victims of trafficking, domestic violence, kidnapping, extortion and felonious assault.

Victims of Human Trafficking (T)

The T visa allows certain victims of human trafficking to receive temporary legal status to remain living in the United States. Under the Victims of Trafficking and Violence Protection Act, the T visa allows law enforcement agencies to investigate and prosecute human trafficking, while offering protection to the victims. Some of the requirements for attaining a T visa are 1.) that one must be the victim of trafficking, as defined by law, 2.) reside in one of the following: the United States, America Samoa, the Commonwealth of the Northern Mariana Islands, or is at a port of entry due to trafficking. 3.) Complies with certain requests from law enforcement to assist in the investigation and prosecution of the human trafficking involved. 4.) Demonstrates that one would suffer extreme hardship involving unusual and severe harm if removed from the United States. 5.) And is admissible, or can attain a waiver of inadmissibility.

Temporary visitors for pleasure (B-1) or business (B-2)

The B-1 or B-2 visa are specifically designed so that one can temporarily enter the U.S. for the purposes of business, pleasure or to seek medical treatment.

One seeking a temporary visa to enter the U.S. so that one can meet with a business associate, or, travel for a scientific, educational, professional or business convention or conference on specific dates, settle an estate, or negotiate a contract, should seek a B-1 visa for their temporary stay.

The B-2 visa on the other hand is for one seeking to enter the U.S. for pleasure, tourism or medical treatment. In some situations, one coming to the U.S. on a B-2 visa may additionally take a short course of study, if the course grants one credit towards a degree, and is less than 18 hours per week.

Professional Workers (H-1B)

Certain workers seeking temporary employment in the US may qualify to receive an H-1B Visa. To qualify for the visa the applicant must meet the following requirements:

1.) The applicant must have an employee-employer relationship with the US employer. 2.) The job must qualify as a specialty occupation related to one’s field of study. 3.) The applicant must be paid at least the actual or prevailing wage of their field of study. 4.) Finally, an H-1B visa must be available when one files their petition, unless they are by law exempt from the numerical limit.

Intra company transferee (L-1)

The L-1 visa permits a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices outside the country to one of its offices in the U.S. The visa also allows a foreign company, which does not yet have an affiliated U.S. office, to send an executive or manager to the U.S. to establish one. To apply, the employer must file form I-129, petition for the nonimmigrant worker, and pay a fee on behalf of the employee.

Trade visas for Canadians and Mexicans (TN)

Under the North American Free Trade Agreement (NAFTA), certain qualified citizens of Canada and Mexico can seek temporary entry into the US to engage in business activities at a professional level. Professions that may meet the TN visa requirements include but are not limited to teachers, scientists, engineers and accountants. Additional requirements one must meet include the following:

1.) Be a citizen of Mexico or Canada 2.) Have a profession that qualifies under the regulations 3.) The position in the U.S. requires a NAFTA professional. 4.) One has a prearranged full-time or part-time job with an employer in the US. 5.) Finally, one has the qualifications to practice in the profession in question.

Deportation Defense

The Immigration Courts and the Board of Immigration Appeals make up the Executive Office of Immigration Review within the Department of Justice. Under these forums there are several forms of relief that one can seek to prevent deportation from the U.S. Some who are eligible may find relief by adjusting their status to permanent residency, seek cancellation of removal, or apply for a waiver of inadmissibility. Other forms of relief include applying for asylum or withholding of removal. 

Deferred Action (DACA)

Certain people who came to the U.S. as children, may be eligible for deferred action for a period of two years, subject to renewal, and may be eligible to work under it. Deferred action falls under prosecutorial discretion and defers removal of an individual from the country. To qualify, one must meet the following criteria:

1.) One must have been under the age of 31 as of June 15, 2012. 2.) Came to United States before reaching their 16th birthday. 3.) Have continuously resided in the U.S. since June 15, 2007 until the present time. 4.) One must have been physically present in the U.S. on June 15, 2012 and at the time of making the request for consideration of deferred action with USCIS. 5.) Entered without inspection before June 15, 2012, or, their lawful immigration status must have expired as of June 15, 2012. 6.) Is currently in school, has graduated, obtained a certificate of completion from high school, has obtained a general education development (GED) certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S. 7.) And, has not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and does not otherwise pose a threat to national security or public safety.

Asylum

One may be able to remain living permanently in the US if they seek protection because they have suffered persecution, or, fear that they will suffer persecution due to their:

  • Race
  • Religion
  • Nationality
  • Membership in a particular social group
  • Political opinion

Applying for asylum generally requires that one file form I-589 within a specific period of time upon coming to the U.S. There is no government fee for applying for asylum, and one who is eligible may also be able to apply for their wife and children to remain living permanently in the U.S.

Advanced Parole

The advanced parole document purpose is to admit for a temporary period a person into the United States. The parole document may be accepted by a transportation company in lieu of a visa, as an authorization for the holder to travel to the U.S. Advanced parole is a measure used to bring an otherwise inadmissible alien in to the U.S. due to a compelling emergency.

Nicaraguan Adjustment and Central American Relief Act (NACARA)

NACARA applies to certain individuals from Guatemala, El Salvador, and the former Soviet block countries that entered the US and applied for asylum, or, registered for benefits under the settlement agreement in the class action lawsuit American Baptist Churches v. Thornburgh.

The Act also applies to qualified family members and to certain individuals who have been battered or subjected to extreme cruelty by a permanent resident, U.S. citizen, or by certain NACARA beneficiaries. Under NACARA, certain qualified individuals can apply to suspend a deportation order, or apply for cancellation of removal under the standards similar to those in effect before the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.