Posted on February 22, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on February 22, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on February 22, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
A stepparent who qualifies as a “parent” under section
> 101(b)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1101(b)(2)
> (2006), at the time of the proceedings is a qualifying relative for purposes of
> establishing exceptional and extremely unusual hardship for cancellation of
> removal under section 240A(b)(1)(D) of the Act, 8 U.S.C. §
> 1229b(b)(1)(D)(2006)
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Posted on February 22, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
This is a visa to meet temporary needs (H-2’s.) U.S. employers may petition for skilled or unskilled alien workers to meet temporary or seasonal needs in positions for which qualified U.S. workers are not available. It is important to note that both the services for which the employer requests H-2 labor approval and the employer’s need for such services must be temporary. There is currently an annual cap of 66,000 visas for H-2B workers. There is currently no annual cap on visas for H-2A workers. The Department of Labor has compiled a list of H-2B Program Certifications By Occupation for the period June 1, 1999 to May 31, 2000.
The first step to hiring an H-2 worker from outside the U.S. is for the employer to apply for a temporary labor certification with the Department of Labor. These certificates are designed to assure that the admission of aliens to work in this country on a temporary basis will not adversely affect the job opportunities, wages, or working conditions of U.S. workers. The employer is required to file the labor certification with the I-129 petition. For specific procedures on filing, please visit the Department of Labor’s Employment and Training Administration.
Dependents (spouses and unmarried children under 21 years of age) of H-2 workers are entitled to H-4 status with the same restrictions as the principal. Dependents may not be employed under the H-4 classification. A single petition may cover multiple workers if:
- they will perform the same services
-they will work in the same location
-they are included on the same labor certification and,
-they come from places that are served by the same U.S. consulate, or, if visa exempt, they will enter at the same port of entry.
-It is not necessary to identify requested H-2A beneficiaries by name (unless only a single worker is needed) if they are unnamed on the underlying labor certification. H-2B beneficiaries must be named unless circumstances (e.g. emergencies) make identification by name impossible. The number of unnamed beneficiaries must always be stated on the petition.
- Highly skilled workers
- Skilled workers
- H2-B
- H-2B temporary worker
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Posted on February 21, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on February 19, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
I-601 Approved on Emotional Hardship. There was no medical hardship. Client since entering the United States, the Applicant has never left. Applicant was convicted in 1999 of Violation of section 12500(A) VC(Unlicensed Driver). Sentenced to pay a fine of $82.00 plus a state penalty fund assessment of $153.00; Convicted in 1999 of violation of Section 16018 (A) VC(No proof of car insurance). Sentenced to pay a fine of $500.00. Applicant was also convicted in 2001 of Violation of Section 23152 (B) VC (.08% more weight alcohol Drive Veh). Placed on summary probation for a period of 036 months, served 48 hours in Los Angeles County jail less credit for 24 hours, pay a fine of $500.00 Applicant was convicted in 2000 of Petty theft. Imposition of sentence suspended and placed on informal probation for a period of 3 years, ordered to pay a fine of $300.00.}
Extreme hardship
Extremely unusual hardship
Hardship meaning
Convictions of violence and battery charges in those applying for immigration petitions
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Posted on February 17, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
This visa allows you to come to the United States to exchange your culture with the United States. This can be done in a variety of ways from teaching to performing to other means of exchanging your culture. Many times you may not qualify for other types of visas and this particular visa gives you a viable alternative.
This visa is valid for the time necessary for the cultural program to be completed.
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.
The Q-1 visa
International exchange center
Student and exchange visitor program
Q-1 cultural exchange process
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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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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?
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Posted on February 17, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
This visa is for people who want to enter the United States to get trained for any number of different fields of endeavor. You do not go to a school on this type of visa, but rather, you get trained on the job at a company offering a training program.
Educational training is combined with on the job training to give you a rewarding experience in the United States. This visa is usually valid for up to eighteen months.
The H-3 training visa
H-3 visa meaning
H-3 visa process
H-3 visa: can I apply?
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