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P-1 Entertainment Group

Posted on February 17, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

If you belong to a music group that has various awards and are well-known, you can come to the United States to perform in various venues.

Also, the essential helpers of the group can come in to the United States to make certain the performances go smoothly. The length of this visa depends on the number of performances. It can be extended if more performances are later booked. Your status can be changed at a later time should it be necessary.

Your spouse and unmarried children can come to the United States once your visa is approved. Additionally, you children can go to school in the United States without a problem.

Filed under: Green Card, Immigration Attorney, los angeles immigration attorney, P-1 Visa, USCIS | Tagged: , | Leave a comment »

Who qualified for an Extraordinary Ability Alien?

Posted on February 17, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

If you are an extremely talented alien, you may qualify for this visa. If you are a company that regularly searches for the top talent in the world, these persons can come to the United States as an Extraordinary Ability Alien. The usual fields of accomplishment range from various artistic to business to athletic fields.

You can come temporarily for the expected length of time they are needed. You can later apply for the Green Card on the basis that you are an extraordinary ability alien. These persons are highly valued by the United States, and therefore, the visas can be approved very quickly.

Your spouse and unmarried children can come to the United States once your visa is approved. Additionally, you children can go to school in the United States without a problem.

O-1 visa

Extraordinary ability

Extraordinary ability alien petition process

Can´t get the H-1B? Try the O-1

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How does M-1 and F-1 Visa differ?

Posted on February 17, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

This visa is similar to the F-1 Student Visa except it is for vocational training. There are a wide variety of institutions accepting M-1 Students. Some examples would be a Barber Shop to Automobile Technician Schools to Electrical Training Schools.

The M-1 Vocational Student Visa will last for the length of the designated course.  Your spouse and unmarried children can come to the U.S. once your visa is approved.

Change of status to student visa

Expedited student visa processing

Student visa: can I apply?

The student visa process

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Criteria for Multinational Manager Visa

Posted on February 17, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

This type of visa will allow you to obtain the Green Card for you, your spouse and your unmarried children under 21 years old.

If you have worked as a manager in a U.S. company and a foreign company which are related, you can quickly obtain your green card as a Multinational Manager. This visa allows you to obtain your green card in a very short time period. People who come to the United States on L-1 visas can usually apply for this type of visa for the Green Card. It does not require a large amount of investment and is not a conditional when the Green Card is issued. If you qualify, it is one of the best types of visas to obtain.

Managers of multinational companies are highly valued in the United States, and therefore, are given special preference. Therefore, unlike many other types of visas that take years to obtain, this one is given special priority.

Multinational manager

Multinational manager visa process

EB-1 visa

Investment visas – Multinational manager visa

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How Does L-1 Intracompany Transferee Work?

Posted on February 17, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

If you work at a company outside of the United States which has some type of branch or related office in the United States, you can come to the United States as an Intracompany Transferee. It can be approved in as fast as two to three months. The visa can be extended for up to 7 years depending on the type of employee you are.

If you are a manager, and later want to get your green card, you can quickly obtain your green card as a Multinational Manager. Otherwise, if you are not a manager, and decide you want your green card, you can apply for ‘Labor Certification’ while you have your Intracompany Transferee Visa.

Your spouse and unmarried children can come to the United States once your visa is approved. Additionally, you children can go to school in the United States without a problem.

There are two major types of L Visa. First, is the L-1A which are managerial and executive in nature. The other type would be the L-1B which deals with intracompany transferees that have what is known as ’specialized knowledge’.

Provisions to prohibit the “outsourcing” of L-1B specialized knowledge workers were enacted in December 2004. Specifically, L-1B temporary workers can no longer work primarily at a worksite other than that of their petitioning employer if either: (1) the work is controlled and supervised by a different employer; or (2) the offsite arrangement is essentially one to provide a non- petitioning party with local labor for hire, rather than a service related to the specialized knowledge of the petitioning employer. The USCIS will interpret these provisions to require an L-1B petitioning employer to retain ultimate authority over the worker. The determination as to whether an alien is or will be employed primarily at a worksite other than that of the petitioner will depend on the specific facts presented.

The bar will not apply if the satisfactory performance of such off-site employment duties requires that the L-1B temporary worker must have specialized or advanced knowledge of the petitioning employer’s product, service, or other interests, as defined under current USCIS regulations. General skills or duties that relate to ordinary business or work activities would not meet the test of whether specialized knowledge is required for the work.

There has been an increased level of scrutiny on the part of USCIS of L-1B petitions in general, and of L-1B petitions filed for workers in the information technology (IT) field in particular which coincided with the implementation of the 2004 law and its special restrictions on employers contracting L-1B workers out to unrelated third parties. In some cases, USCIS adjudicators appear to be applying an outdated analysis of specialized knowledge, based on the law as it stood before amendments made by the 1990 Act.

L-1 visa meaning

L-1 intracompany transferee petition

L-1B visa process

California just in time processing report

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Will my spouse qualified for K-3 Visa?

Posted on February 17, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The LIFE Act expands the criteria for “K” visas beyond status for fiancés of U.S. citizens. Under LIFE, a new K3 status is created for spouses of U.S. citizens. The K3 visa is not intended to be a prerequisite for the admission of U.S. Citizens’ spouses. It is meant to be a speedy mechanism for the spouse of a U.S. citizen to join that U.S. citizen spouse and obtain the immigrant visa/status in the United States, rather than wait for long periods of time outside the United States.

The K3 visa allows these spouses to enter the United States to await BCIS approval of the I-130 petition.  K3 issuance may further depend on BCIS approval of some type of petition for non-immigrant status filed in the United States by the U.S. citizen petitioner, the exact nature of which has not yet been determined by BCIS .  For those couples married outside the United States, the non-immigrant K3 visa must be “issued by a consular officer in the foreign state in which the marriage was concluded,” according to the LIFE Act.  An unmarried child of a K3 applicant only needs to demonstrate that he/she is the child of an alien entitled to K3 status in order to obtain a K4 visa. No petition filed on the child’s behalf is required.

Unlike the V visa classification, the K3 visa is a permanent addition to the list of NIV categories. Under the LIFE Act, an alien spouse of a U.S. citizen who is the beneficiary of a classification petition filed under section 204 of the INA before, on, or after the date of enactment of the LIFE Act is eligible for K3 classification.

The regulations have been issued on this visa, and therefore, people can now use this visa to bring their spouses to the U.S. The unmarried children under 21 years of age can come into the U.S. on the K-4 Visa.

K-3 visa meaning

K-3 and adjustment

K-3 visa process

K-3 waiver of 10 year bar granted

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What is a Marriage Broker?

Posted on February 17, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I filed a Fiancée Petition, but received this very long Request for Evidence requiring all kinds of answers regarding a Marriage Broker and other items about my criminal history? What do I do?

Answer: The law recently promulgated laws regarding Marriage Brokers. On January 5, 2006, the President signed the Violence Against Women and Department of Justice Reauthorization Act of 2005. IMBRA provides that a petitioner for a K nonimmigrant visa for an alien fiancé (e) (K-1) or alien spouse (K-3) must submit with his or her Form I-129F information on any criminal convictions of the petitioner for any of the following “specified crimes”: Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking. Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, or an attempt to commit any of these crimes. Finally, crimes relating to a controlled substance or alcohol where the petitioner has been convicted on at least three occasions and where such crimes did not arise from a single act.

If the petitioner indicates that he or she has been convicted by a court for one of the specified crimes, the petitioner will be required to submit certified copies of all court and police records showing the charges and dispositions for every such conviction. This is required even if the petitioner’s records were sealed or otherwise cleared.

Question: Are there other limitations?

Answer: Yes. IMBRA imposes limitations on the number of petitions a petitioner for a K nonimmigrant visa for an alien fiancé (e) (K-1) may file or have approved without seeking a waiver of the application of those limitations. If the petitioner has filed two or more K-1 visa petitions at any time in the past, or previously had a K-1 visa petition approved within two years prior to the filing of the current petition, the petitioner must request a waiver. These limitations do not apply to petitioners for a K nonimmigrant visa for an alien spouse (K-3).

The adjudicator may, in his or her discretion, waive the applicable time and/or numerical limitations if justification exists for such a waiver, except where the petitioner has a history of violent criminal offenses against a person or persons. The petitioner may request a waiver by attaching a signed and dated letter, requesting the waiver and explaining why a waiver would be appropriate in his or her circumstances, together with any evidence in support of the waiver request.

Factors the adjudicator should consider include, but are not limited to: Whether unusual circumstances exist (e.g. death or incapacity of prior beneficiary; Whether the petitioner appears to have a history of domestic violence; Whether it appears the petitioner has a pattern of filing multiple petitions for different beneficiaries at the same time, of filing and withdrawing petitions, or obtaining approvals of petitions every few years.

The provisions of IMBRA became effective sixty days after the date of enactment, or March 6, 2006. While USCIS was amending Form I-129F to reflect the new data collection requirements mandated by IMBRA and preparing to issue implementing field guidance, field offices were instructed to hold in abeyance all cases filed on or after that date. The succeeding paragraphs provide guidance on processing the held cases and new filings of Form I-129F.

Question: Why did I receive a Request for Evidence?

Answer: Any K-1 Fiancée Petition filed after March 6, 2006 that does not include the answers and information required under IMBRA will be issued a Request for Evidence to get such information.

Bona fide marriage

Bona fide marriage meaning

Defense of marriage act decision

Hire a California Deportation Lawyer if you have been charges with marriage fraud

Filed under: Marriage Brokers | Tagged: , , , , | Leave a comment »

Does the Fiancee Visa take time to be approved?

Posted on February 17, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

This is the alternative to waiting outside the United States for nearly a year to be with your spouse. Rather than getting married outside the United States, you can have a Fiancée Visa issued in a very short time. In fact, it usually takes only thirty to forty-five days to get an approval from the Bureau of Citizenship and Immigration Services.

Once the visa is issued, your fiancée will come to the United States and you will get married within ninety days in the United States. Afterwards, your spouse will be with you in the United States while awaiting issuance of the Green Card. Your spouse can also leave the United States without any problem of returning.

Any children that your fiancée has can also come to the United States once the visa is issued. This visa automatically allows your fiancée to work upon entry to the United States.

The K-1 visa

K-1 fiancee petition

K-1 process

K-1 visa meaning

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Is Fiancee Visa takes time to approved?

Posted on February 17, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

This is the alternative to waiting outside the United States for nearly a year to be with your spouse. Rather than getting married outside the United States, you can have a Fiancée Visa issued in a very short time. In fact, it usually takes only thirty to forty-five days to get an approval from the Bureau of Citizenship and Immigration Services.

Once the visa is issued, your fiancée will come to the United States and you will get married within ninety days in the United States. Afterwards, your spouse will be with you in the United States while awaiting issuance of the Green Card. Your spouse can also leave the United States without any problem of returning.

Any children that your fiancée has can also come to the United States once the visa is issued. This visa automatically allows your fiancée to work upon entry to the United States.

Filed under: F-1 Visa, Family Petition, Immigration Attorney, los angeles immigration attorney, USCIS | Tagged: , | Leave a comment »

J-1 Trainee Worker

Posted on February 17, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

This is the Training/Student Visa. It is very versatile and allows you to come to the United States to either get training or study at numerous institutions and organizations. This visa allows you to get trained in areas of discipline ranging from the medical to the agricultural to business fields.

This visa does not need prior Immigration and Naturalization approval, and therefore, can be obtained quickly. You must have either a sponsoring school, organization or business.

It is sometimes easier to get this visa than the F-1 Student Visa, but does carry some other significant restrictions.

The J-1 visa 

J-1 visa meaning

J-1 visa process

J-1 visa: can I apply?

Filed under: J-1 | Tagged: , , , , , , , , , | Leave a comment »

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