Visas can be broadly grouped into two categories: immigrant (permanent, like a green card) and non-immigrant (temporary).

Immigrant Visas:

• These fall into four categories: family-based and employment-based. Each category has different requirements and often requires a petitioner (a family member or business sponsor).
• Once a qualifying relationship is established, you must also prove that you are not inadmissible to the U.S.

Non-Immigrant Visas:

• These are for temporary stays in the U.S. Examples include tourist visas (B-2), student visas (F-1), and work visas (H-1B).
• These visas have specific eligibility criteria based on the purpose of the visit.

Immigrant vs. Non-Immigrant Visa Eligibility:

• Immigrant Visas:
  • Family-Based: Requires a family sponsor, proof of relationship, and overcoming any grounds of inadmissibility.
  • Employment-Based: Requires a job offer, labor certification, and overcoming any grounds of inadmissibility.
• Non-Immigrant Visas:
  • Tourist (B-2): Requires proof of temporary stay and intent to return home.
  • Student (F-1): Requires enrollment in a U.S. educational institution and proof of financial support.
  • Work (H-1B): Requires a job offer in a specialty occupation and labor certification.

You can read more about the various visa categories here, here, here, and here.

• Tourist Visa Extension: File Form I-539 with USCIS to extend stay, showing intent to return home, which you can read about here. Approval is not guaranteed; you will still have to establish that you are only visiting the U.S. and still plan to return to your home abroad after the additional period of time that you are requesting.
• Student Visa (F-1): Requires acceptance by a U.S. institution and proof of financial support.

While attorneys are often less involved in obtaining student (F-1) and exchange visitor (J-1) visas, we understand the intricacies and practical concerns of both students and educational institutions. If you already have a student or EV visa, we can assist with extensions or changes of status. Additionally, it's wise to plan early for transitioning to employment-based visas after your studies.

Our Services:

1. Extensions and Changes of Status:
   • We provide guidance and representation for extending or changing your student or EV status, ensuring you meet all requirements.
2. Transition to Employment-Based Visas:
   • We can help you navigate the transition from student status to employment-based visas, such as H-1B, OPT (Optional Practical Training), or other categories.
3. Strategic Planning:
   • We assist in developing both temporary and permanent solutions tailored to your situation.
   • Our strategies consider visa availability, potential backlogs, and optimal pathways for transitioning from one visa to another.
   • We help you determine the best types of employment to pursue and where to process your applications.

Importance of Timely Strategy Development:

The immigration process can be complex and non-intuitive. Developing a timely and well-thought-out strategy is crucial for ensuring your ability to remain in the U.S. after completing your studies. We’re here to help you navigate these processes smoothly and effectively.

If you need guidance on student or exchange visitor visas or planning your next steps after graduation, contact us for personalized assistance. We're committed to helping you achieve your goals and stay compliant with U.S. immigration laws.

• Options: Seek to reopen or appeal the denial, refile the application, or apply for a different benefit.
• Common Reasons for Denial: Insufficient evidence, failure to prove intent to return home (for non-immigrant visas), or inadmissibility issues (such as past criminal or immigration violations).

• Dependent Visas: Many visa types allow spouses and children to accompany the primary visa holder. Their ability to work or attend school depends on the specific visa category.

It's important to distinguish between visas and status:

• Visa: A visa is a document that allows you to enter the U.S. for a specific purpose. For example, a B-2 visa permits entry as a visitor.
• Status: Status refers to the classification granted by U.S. immigration authorities once you're in the country, determining how long you can stay and what activities you can engage in.

Example: B-2 Visitor Visa:

• B-2 Visa: This is a document you use to enter the U.S. as a visitor.
• Visitor Status: Once in the U.S., you hold visitor status, which determines the length of your stay and permitted activities.

Changing or Extending Status:

• From Within the U.S.: You can apply to change or extend your status without needing a new visa. For example, if you're in the U.S. on a B-2 visa, you can apply to extend your stay as a visitor by filing the appropriate forms with USCIS.

Understanding the distinction between a visa and status is crucial for navigating the complexities of U.S. immigration. If you need help with your specific situation, feel free to reach out for personalized assistance.

Filing a Petition: Many visas require a petition filed with USCIS (e.g., family-based or employment-based petitions).

Consular Processing or Adjustment of Status: If abroad, apply at a U.S. embassy/consulate. If in the U.S., apply to adjust or extend status through USCIS.

Visa Availability: Check visa availability and numerical limitations, especially for immigrant visas, which may have backlogs.

If the visa category is petition-based, there is a two-step process: firstly, file the petition establishing eligibility for the visa category (typically through USCIS); and secondly, establish that you are admissible to the U.S. (through the embassy/consular or through USCIS).

These are the embassies that issue immigrant visas (green cards), and you can find more information here.

Choosing between consular processing and adjusting/extending/changing status in the U.S. requires careful consideration of various factors:

• Current Location: If you are already in the U.S., adjusting or extending your status may be more convenient. Consular processing may be appropriate if you are outside the U.S.

• Maintaining Status: Consider whether you can maintain your current status until the visa is available.

• Travel Considerations: If you need to travel in and out of the U.S. while your case is pending, consular processing might be more suitable.

• Timeframes: Evaluate the processing times for each option. Applications for adjustment, change, or extension of status are processed by USCIS, whereas visa applications are processed by consular posts, which have different timeframes and procedures.

• Complexity and Risk: Consider the complexity and risks associated with each option.

Each case is unique, and deciding which path to pursue should be based on a thorough analysis of your specific situation. If you need help deciding the best course of action, we're here to provide expert guidance tailored to your needs.

• Department of State: Check the status of your application via the U.S. embassy or consulate website.
• USCIS: For petitions filed with USCIS, check the status on the USCIS website.

If your application is with the Department of State (via a U.S. embassy or consular post), then you can check the status here. To find the processing times for certain types of nonimmigrant (temporary) visas, check here.

• Petition Approval: Establish a qualifying relationship (e.g., marriage to a U.S. citizen).
• Inadmissibility Check: Prove that there are no disqualifying factors in your background.

Unless the petition is based on your relationship to an immediate relative, only a limited number of visas are available each year. You can read more about the timeframes for each category here.

Visa Availability and Adjustment of Status:

For most immigrant visa categories, a visa must be available at the time your petition is approved to file the green card application. An exception is made for petitions based on marriage to a U.S. citizen. You can check the timeframes for immigrant petitions (I-130, I-140, I-360) and adjustment of status (I-485) on the USCIS website. You can see the processing times for the I-130 (if family-based), I-140 (if employment-based), and I-360 (for other categories) here.

Once the petition is approved, and if a visa is available, you can apply for the green card / immigrant visa either in the U.S. (through adjustment of status) or via consular processing.

Applying for Adjustment of Status:

• Location-Dependent Timeframes: The processing time for Form I-485, Application to Register Permanent Residence or Adjust Status, varies depending on where you live. You can check current processing times here.
• Employment Authorization and Travel Permission: While your adjustment of status application is pending, you can apply for employment authorization (Form I-765) and advance parole (Form I-131) to reenter the U.S. after temporary travel. These applications require separate fees and can be filed together with, or after, the adjustment application. The timeframes will depend on the category that you are applying under.

Consular Processing for Immigrant Visas:

Timeframes: If you seek to obtain your immigrant visa (green card) from a U.S. embassy, the processing time depends on the specific embassy or consular post handling your case and the National Visa Center’s processing time for your application. You can read more here and here.

Each step in the process has specific requirements and timelines, and it’s important to stay informed and plan accordingly. If you need assistance navigating this process, we're here to provide expert guidance tailored to your situation.

• Eligibility: Typically requires five years of continuous permanent residency (three years if based on marriage to a U.S. citizen), physical presence, and good moral character.
• Application Process: Submit an Application for Naturalization, attend an interview, and take an oath ceremony.
• Processing Times: From the time that you file the application, the timeframe will depend on where you are living. You can see the processing times for the N-400 here.

A person can become a U.S. citizen through three primary pathways:

1. Birth in the U.S.: Anyone born on U.S. soil automatically acquires U.S. citizenship.
2. Birth Overseas to a U.S. Citizen Parent: Citizenship can be acquired or derived at birth if born abroad to a U.S. citizen parent. Determining this can be complex, involving the laws at the time of birth, the relationship between the child and parents, and the parents' residency in the U.S.
3. Naturalization: This is the most common pathway for those seeking assistance. It involves becoming a lawful permanent resident first and then applying for naturalization with USCIS. This process includes a naturalization interview and oath ceremony.

Naturalization Process:

For lawful permanent residents seeking to become U.S. citizens through naturalization, the key requirements are:

1. Continuous Residency:
   • Typically, you must have maintained permanent residency for five years.
   • If you obtained residency through marriage to a U.S. citizen or permanent resident (and still maintain a bona fide marriage), the period is shorter.
   • Certain instances, such as military service, may also allow for a shorter residency period.
2. Physical Presence:
   • You must have been physically present in the U.S. for at least half of the continuous residence period (50% plus one day).
   • Absences over six months must be explained, and absences over one year generally disqualify you unless specific exceptions apply.
3. Good Moral Character:
   • You must demonstrate good moral character during the continuous residence period.
   • The absence of certain convictions is crucial, but other factors are also considered. Conduct from outside the residence period may be reviewed if it impacts the assessment of your current moral character.

Additional Considerations:

• Absences: Any absence over one year is problematic, and those over six months need thorough explanation.
• Moral Character: The presence or absence of criminal convictions and other behaviors are evaluated. Past conduct may be considered if it indicates ongoing character issues.

If you need help navigating the path to U.S. citizenship, whether through naturalization or another route, we're here to guide you through the process and ensure you meet all the necessary requirements.

• Permanent Residency: Allows living and working in the U.S. but has limitations on rights and responsibilities.
• Citizenship: Grants full rights, including voting, holding public office, and no risk of deportation.