Immigration Blogs - The Law Offices of Sethi & Mazaheri

Investment Visas

E-2 Investment Visa

The E-2 Investment visa is available to foreign investors that are citizens of a treaty country. These specified countries contain a treaty of commerce and navigation with the United States. The E-2 Investment visa allows individuals to enter and work in the United States under the provisions that the investor or partnership/corporation invests in a bona fide enterprise. The visa is also applicable to specific employees that are part of the enterprise.

March 12, 2020 No Comments

Talent-Based Visas

P-1 Visa for Athletes

If you are an athlete participating in a competition or as a member of a team in a recognized level competition in the United States, you could be eligible to obtain a temporary nonimmigrant P-1 visa. To be eligible, the petitioner needs to prove to be an alien who excels out of the ordinary in athletic standards such that those accomplishments are renowned in more than one country. In simple terms, the P-1 visa category applies to you if you are planning to come to the US as an athlete, member of an athletic team, coach, or other support staff.

February 13, 2020 No Comments

Family Visas

US O-3 Visa eligibility – Family

Unmarried children under 21 years of age and spouses of O-1 employees are eligible for O-3 status. In order to qualify for an O-3 visa, the applicant must qualify as the immediate family member of an O-1 or O-2 visa applicant or visa holder—and be able to prove that fact. Children can no longer stay in the U.S. as O-3 dependents once they turn 21. In order to remain in the U.S., the child must change to a different nonimmigrant visa status (e.g. F-1 student, B-2 visitor). See the relevant U.S. government regulations at 8 C.F.R. § 214.2(o).

January 9, 2020 No Comments

Talent-Based Visas

O-1B: Visa for Artists

In the United States’ Immigration system, one type of visa catered for foreign artists, the O-Visa, specifically, the O-1B Visa.

December 9, 2019 No Comments

Talent-Based Visas

P-3 Visa

The P-3 Visa is a non-immigrant and dual intent visa that allows foreign nationals to enter the US for a short duration of time to teach, perform or coach under a program that is culturally unique. It is of use mostly for artists and entertainers. It can also be requested for an individual or a group. P-3 visas can only be requested after the performer has found a sponsor located in the US. This can be an employer or an organization. P-3 visa performers are not required to have been associated with their groups for any length of time.

November 29, 2019 No Comments

Waivers

Travel Ban Waiver

One of the most controversial actions that President Trump has taken after being elected into the office is the travel ban. Issued on Sep. 24th, 2017, by Trump’s executive power, the travel ban prohibits all immigrants and certain nonimmigrants from Iran, Libya, North Korea, Somalia, Syria, and Yemen, and specific individuals from Venezuela from entering the United States.

November 26, 2019 No Comments

Employment Visas

L-1 Visa Types

Various types of employment Visas can be ascertained in the US today. The L-1 Visa is one of them. L-1 Visas are non-immigrant visas that allow intracompany transferees to work in US offices. The time allowed in the US can range from 3 months to 5 years, with extensions included. However, an extension can only amount to seven years in total. Today’s article will enlighten readers on the various types of L-1 visas, the requirements, and the process for receiving one.

November 19, 2019 No Comments

Deportation Defense

What is a Master Calendar Hearing

In the immigration system, the process for removal can seem daunting, complex, and stressful. If someone has been placed in the removal process it is very important that they seek the immediate help of an experienced immigration attorney. Attorneys can help clarify legal issues and represent the client’s best interests. One of the most important parts of the removal process is called the master calendar hearing. This hearing determines the schedule for removal and upcoming hearings, but the judge does not make a final decision on the case.

November 11, 2019 No Comments

Deportation Defense

Expedited Removal Proceedings Without Immigration Court Hearing

Removal, or also commonly known as deporting, of non-citizens, can occur if US immigration officers (like those of US Immigration and Customs Enforcement) decide an individual must be removed from the US. In order to be involuntarily removed, the individual must go through a process that includes going to court and arguing in front of a judge.

November 7, 2019 No Comments

Immigration News

Bond Hearing for Immigration Cases

Following a recent increase in raids (especially major ones like those in Mississippi a few months ago), it has become important to know what the detainment and removal process consists of, and how to seek help. Non-citizens can be detained by immigration officers for a multitude of reasons. Similar to criminal court cases, the immigrant can be released from detention after paying a bond. This article will provide an overview of the bond hearing process.

November 4, 2019 No Comments

Employment Visas

What is E-Verify in the Immigration System?

There are many individuals in the US who have come due to receiving employment opportunities. However, how is an employer to know if the person they want to hire is even eligible to work in the US? That’s where the Department of Homeland Security’s system comes in to play: E-Verify. E-Verify is an electronic system that employers can use to verify and confirm the employee’s work eligibility. It was put into force by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

October 28, 2019 No Comments

Citizenship

Naturalization Test

The process of becoming a US citizen can be arduous for many. Among the requirements is passing a naturalization test. The test contains two parts – one for assessing the applicant’s English competency and another for their knowledge of the US government and history. This article will provide a brief overview of what to expect in the test and any exemptions to the test.

October 17, 2019 No Comments

Immigration Appeals

What is a Points-Based Immigration System?

Among the discussions regarding immigration systems in the US, President Trump has often spoken of the benefits of a points-based immigration system. While the entirety of the US immigration system has not been overhauled in favor of a points-based one, it is helpful to understand what the point-based immigration system entails and how it operates in other countries.

October 14, 2019 No Comments

Immigration Blogs

What is Expedited Removal

In the US, those who are not citizens can be deported if the situation legally warrants it, and cases require court hearings. However, another process allows for the immigrant to be removed quickly without a hearing.

October 3, 2019 No Comments

Immigration Appeals

Board of Immigration Appeals

In the US, not all matters related to immigration require court time. In most cases, you have to fill out forms and file the correct documentation, which can itself be a lengthy task. However, if the decision for an application comes back negative and the applicant desires re-evaluation, the applicant must file an appeal. The appeal can eventually move to the Board of Immigration Appeals (BIA), which is the highest body that can apply immigration laws in the US, unless circumstances allow for the case to go through the appellate courts.

September 26, 2019 No Comments

Immigration Appeals

Appealing an Immigration Decision

The decision to immigrate or change residency status are lifechanging choices and, for some, these choices can result in improved living conditions, if not a safer life. On the other hand, facing possible removal from a country can be just momentous, as removals can result in bans on re-entry and possible immigration statuses. As such, if a negative immigration decision is reached, and the applicant believes they still have a case for a positive verdict, the applicant can file an appeal.

September 23, 2019 No Comments

Deportation Defense

How the Deportation Process Works

In the US several criteria mean that non-US citizens can be removed from American soil by being deported to their country of origin. In some cases, those who face possible removal do have a solid defense against being removed and, with the help of an attorney, can argue for their continued stay in the US. Regardless of whether a person will be deported or not (and whether they have a defense), it is vital that they understand the complex process and are aware of any available legal tools and advice.

September 9, 2019 No Comments

Citizenship

What is Birthright Citizenship?

We often speak of those seeking US citizenship and the various ways in which different groups of people could potentially receive said status. However, a large proportion of US citizens are made up of those who have received birthright citizenship. This means that because of their birth having taken place in the US, they automatically receive US citizenship. This form of citizenship can be compared to naturalization, which is the path that allows non-residents to become citizens.

September 2, 2019 No Comments

Waivers

Visa Waiver Program and Tourist Visas

Entering the US by applying for immigrant and non-immigrant visas can be a tricky, and complex, process. However, the process for entering as a tourist is much more straightforward and, for some, a tourist visa may not even be needed. The Visa Waiver Program allows for the citizens or nationals of certain countries to enter the US for tourism/business for up to 90 days by receiving an Electronic System for Travel Authorization (ESTA). They will not require tourist visas. Those from countries not included in the Visa Waiver Program will have to still apply for a B visa (tourist visa to the US).

August 23, 2019 No Comments

Employment Visas

The L-1 Visa

Among the various ways to enter the US, work visas allow for employees to work and live in the states. Work visas are divided based on the kinds of occupations, with one of them being the L-1 visa. The L-1 is targeted towards executives or those in managing positions in a company. However, this visa is not just open to all those who seek employment in the US as an executive, as it is only open to those who are being transferred from a foreign office to an affiliated office in the US.

August 5, 2019 No Comments

Family Visas

Living in the US – Sibling of a Citizen

Receiving permanent residency status is not only reserved for those who have entered the country with work visas. In fact, among those who are eligible to become potential applicants includes the siblings of US citizens. Family immigration to the US is done through a preference system, with those higher on the list more likely to receive the permanent residency (green card). The last preference, but still a viable one, is reserved for the siblings of US citizens.

August 5, 2019 No Comments

Citizenship

Renouncing Your US Citizenship

Most people are focused on steadily progressing down the path of becoming US citizens, but there are a few thousand people each year who do just the opposite: they renounce their citizenship. US citizens have the option to give up their citizenship, or in other situations may have to renounce their citizenship status because they are running for public office in another country. This article will provide a brief overview of the process of renunciation and what it entails, as detailed in the Immigration and Nationality Act.

July 29, 2019 No Comments

Deportation Defense

Deportation Process and Defense

The subject of deportation has come up more recently as there are talks of ICE raids in immigrant communities, but the threat of deportation is not just applied to undocumented migrants as other foreign nationals can also be deported from US soil. In fact, the US can deport those who have violated their visas, are found to be a part of crimes or are a threat to public safety. Depending on the context of the deportation case, the process for removal will vary, as will the kind of defense case used against the removal.

July 25, 2019 No Comments

Asylum

Seeking Asylum in the US

In politics and the news, whether you are keeping track of European or US events, you will have heard of asylum seekers and the paths to asylum. This became an important issue in Europe in 2015 with the migration crisis, but it has also ballooned as an American political issue as President Trump has been vocal on the avenues of immigration to the US. Following different forms of persecution in many Latin American countries, many citizens have fled their countries of origin in order to seek asylum in the US. This article will provide a brief overview of the path to asylum and the process of seeking asylum in the US.

July 22, 2019 No Comments

Immigration Appeals

Why Hire an Immigration Lawyer?

When people think of the times they will need a lawyer, the scenarios that pop up usually involve criminal or civil cases. However, various situations arise that require the expertise and aid of a lawyer, and one of these is for immigration purposes. This article will provide a brief overview of the work an immigration lawyer does and the kinds of help they provide. Not all cases require a lawyer, but when it gets complex, a lawyer can be necessary.

July 11, 2019 No Comments

Employment Visas

H1-B Visa

There are many different employment visas to the US, with each applying to certain groups of people. One of such visas is the H1-B visa, which allows for a US employer to temporarily hire a non-immigrant worker in a specialty occupation. Furthermore, the foreign worker must also have at least a bachelor’s degree or equivalent experience. The H1-B visa is a non-immigrant visa and, as such, is not the same as receiving a Green Card to the US (permanent residency).

July 8, 2019 No Comments

Immigration Blogs

U Visa

Unfortunately, there are cases of non-immigrants or non-US citizens, while in the US, becoming victims of mental or physical abuse. In 2000, Congress passed the Victims of Trafficking and Violence Protection Act, which allows for the granting of a U non-immigrant visa to the victims as mentioned above of crime who in return cooperate with law enforcement in the investigation. Given the sensitive nature and complexity of cases, a summary in this article does not suffice as legal advice. Victims of crimes should speak with an experienced attorney to understand their rights and see if they can apply for the U visa.

July 5, 2019 No Comments

Citizenship

Becoming a US Citizen

Individuals who are citizens of other countries can become US citizens through a process called naturalization. By meeting residency requirements, testing, and other conditions, non-US citizens can eventually apply for naturalization in the US. This article will provide a brief overview of some of the requirements and steps of the process. Given that individuals come to the US with different backgrounds, please consult an experienced immigration attorney for tailored advice.

July 1, 2019 No Comments

Immigration Blogs

Diversity Immigrant Visa

Established in 1990, the Diversity Immigrant Visa (visa lottery) is a lottery system that awards 50,000 immigrants every year with a Green Card, granting them permanent residency. The visa lottery is aimed at attracting immigrants from diverse backgrounds; the individuals are randomly chosen from a defined set of countries who have lower rates of migration to the US. The program is a popular one as it allows for entry to the US without first having other forms of visas.

June 27, 2019 No Comments

Immigration Appeals

How To Appeal an Immigration Decision

The US Citizenship and Immigration Services (USCIS) has the ability to approve or deny immigration applications. Some think that rejection is final, but that is not necessarily the case. The applicant can appeal the decision to the Administrative Appeals Office (AAO). With the counsel of an experienced immigration attorney, there can be a possibility of a successful appeal.

June 24, 2019 No Comments

Deportation Defense

What is DACA?

In many cases, when undocumented migrants enter the US they do so with their family. This means that children are brought along and they too become undocumented individuals. Children and young migrants often do not have a choice of whether they should illegally cross the border or not – it is a choice for survival for many. In an effort to protect these children and young migrants, the Deferred Action for Childhood Arrivals program (DACA) provides temporary protection from deportation. Furthermore, the minors and youth protected by DACA are commonly called the Dreamers.

June 20, 2019 No Comments

Deportation Defense

A Path to Citizenship for Dreamers

For decades, young undocumented immigrants and minors – “Dreamers” – have petitioned for a path to permanent residency in the US with little success. On Tuesday, June 4th the Democrats passed an ambitious new bill called the American Dream and Promise Act, which would provide Dreamers a path to citizenship even as the federal administration threatens to deport them. Using their majority in the House, the Democrats saw the legislation pass 237 to 187; however, the act may not see similar approval once it reaches the Republican-controlled Senate.

June 17, 2019 No Comments

Investment Visas

The Investor Visa Program – EB-5 Visa to the US

When speaking of immigrant visas to the US, people commonly think of two main categories: visas for those who want to work in the US and for those who have American family members. However, visas for workers are not just limited to those who have work offers for a specific position. The EB-5 visa allows for foreign individuals to invest in a US business and through that action, receive permanent resident status.

June 13, 2019 No Comments

Employment Visas

The EB-4 Visa

The immigration system in the US allows for families to be reunited, but it also provides the opportunity for immigrants to enter and work in the country. The available work immigrant visas are categorized based on priority, with there being 5 levels. The fourth priority, or the EB-4 visa, is reserved for special kinds of workers. Specifically, the visa is offered to religious workers, some government employees, and members of international organizations.

June 10, 2019 No Comments

Domestic Violence Visas

The Violence Against Women Act

Over time, specific pathways have been established that allow for the victims of crime to lawfully enter or remain in the US. One pathway was established by the Violence Against Women Act (VAWA), which Congress passed the act in 1994. VAWA is a self-petition for those who have been victims of abuse at the hands of a spouse, who is either a US citizen or permanent resident. The self-petition for legal immigration is open to not only women whose spouses abused them, but also to those abused by a parent or adult child. The VAWA provides for an immigration route that does not require the involvement of the abuser.

June 6, 2019 No Comments

Family Visas

Family Unification: Immediate Relative versus Family Preference

Making up a major component of the immigration system in the US, family unification allows for US citizens and permanent residents to petition for their family members to come live in the US. There are two different types of petitions for family-based immigration: Immediate Relative and Family Preference. While this article will provide a brief overview, the experienced and dedicated lawyers at Sethi & Mazaheri can provide tailored advice for each immigration case.

June 3, 2019 No Comments

Talent-Based Visas

O & P: Comparing O Visa with P Visa

In the US, there are certain types of visas that allow for the entry of exceptionally talented individuals: EB-1, O and P visas. O visa and P visa, both of which are non-immigrant, are used by artists and talented people in fields like the sciences, entertainment, sports, and business in order to enter the US without a permanent work offer.

May 27, 2019 No Comments