Law Offices of Tsirina Goroshit & Associates, P.C.
275 Madison Avenue
4th Floor
New York , NY 10016
ph: (212)880-1538
fax: (212)937-4697
alt: (347)249-1311
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FAQ
Overview
Non-Immigrant visa categories.
Please remember that it is imperative to consult a competent immigration counsel about your particular matter.
There are many types of non immigrant visas, the most popular ones are listed below:
A visa is used for foreign government officials, their families, servants and employees.
B1/B2 visa is the most common non immigrant visa and used for business and pleasure visitors.
E1 is treaty trade visa. E1 visa is beneficial for an individual who comes to the United States for the purpose of international trade activity. A treaty must exist between an individual's country and the United States and an individual must be national of that country. An individual must demonstrate that the United States business has created substantial trade between the United States and the treaty country.
E2 is a treaty investor visa. The E2 visa allows an individual to come to the United States
for the purpose of developing and directing the operation of an enterprise in which he/she has invested or in process of investing a substantial amount of capital. There is no specific cash flow threshold defined, but the investment must entail some "risk" to investor.
For both E1/E2 visas you must have an applicable treaty between your country and the
United States.Initial stay for 2 years with up to two years per extension. No limit in number of extensions, with some exceptions.
F visa is used for academic students. F2 visa is for your dependent(spouse/child).
For Foreign Medical Graduates you should check H-1B, J1, O1, TN, E-2 and consult an immigration attorney to evaluate your particular matter ).
H-1B is used for specialty occupations, DOD workers and fashion models. To qualify for "specialty occupation" visa, an individual must have at least a Bachelor Degree or
a combination of education and work experience in the specialty occupation can be considered equivalent to a degree. For a fashion models a degree is not required.
Please note that there is the annual "cap" on H-1B visas. Currently, the cap is 65,000 per year and it is reached quickly. Recent addition of 20,000 H-1B is available for persons with a U.S. Master's Degree or higher. Spouses and children of H-1B holders are not authorized to work. Children may attend school without a problem.
Normally approved for three years, with possibility of extension. A maximum limit of H-1B is 6 years, after which it cannot be extended or changed, until an alien has lived outside of the
U.S. for at least one year.
H-1C is used for nurses who will be employed up to three years in health professional shortage areas.
H-2A is a temporary visa for agricultural workers.
H-2B is used for temporary skilled or unskilled workers.
H-3 may be used for trainee.
I visa is a journalist visa and used for foreign media representatives.
J visa is used for exchange visitors. The main purpose of J visa is gaining work experience, doing research or studying. After the conclusion of exchange visitor program, an individual is expected to return to his/her country in order to utilize acquired experience and skills. J visa may trigger the 2 years foreign residence requirement forcing the J visa holder to return to her/his home country for two years.
K-1 visa is generally used for Fiancé. Read more below.
K-3 is for spouses of U.S. citizen residing abroad. Read more below.
L visas are available for employees of the international company with offices in both a home country and the U.S. or which intend to start an office in the United States , while maintaining their home country interests. To qualify for a L visa, the U.S. company to which you are being transferred must be a branch, subsidiary, affiliate or joint venture partner of your non U.S. employer and you must be employed as a manager, executive or person with specialized knowledge abroad for at least 12 months within the proceeding 3 years in that capacity.
Generally, L visa is approved for 3 years with possibility of extension.
L1-A visa is used for intra company transferee, it may be available to executive or manager1A and is valid for up to 7 years. L-1B visa is used for persons with specialized knowledge and skills with the company's products/procedure/process and is valid for 5 years.
L visa is beneficial to a spouse of a L visa holder, since he/she is allowed to apply for a work authorization and upon obtaining it allowed to work in the U.S. without restrictions.
M visa is used for vocational or non academic student.
O visa is used for workers with extraordinary abilities in science, Art, education, business or athletics. There is no educational requirement and an individual is judged based on his/her accomplishments and talents in particular field. An individual must demonstrate a record of success and recognitions in the field of endeavor.
P visa is used for Athletics and Entertainers.
Q visa is used for international cultural exchange visitors.
R visa is used for religious workers.
The applicant must be a member of a religious denomination for two years immediately proceeding admission and it must a bona fide non profit religious organization in the
U.S. R visa holder may remain in the U.S. for up to 5 years.
S is a visa for witness or informant.
T visa is for victims of a severe form of trafficking in persons.
TN is a trade visa for Canadian and Mexicans nationals.
U is a visa for victims of certain crimes. Please read below under "who is eligible for a U visa".
V visa is used for spouse/child of a permanent resident who is principal beneficiary of a family based petition which was filed prior to December 21, 2000 and has been pending for at least three years.
VAWA self petition under the Violence Against Women Act, allows battered immigrant to petition for a legal status in the U.S. without relying on abusive U.S Citizen or legal permanent resident spouses, parents, or children to sponsor thier Adjustment of Status.
* Am I eligible for Asylum?
Asylum
Asylum may be granted to a refugee who is unable or unwilling to return to his home country because of persecution or well founded fear of persecution on account of race, religion, nationality, membership in a particular social group pr political opinion. Thus in order to qualify for asylum one must establish that race, religion, nationality, membership in a particular social group or political opinion was or will be at least one central reason for your persecution or why you fear persecution.
Asylum may be granted irrespective to persons' immigration status even if person in the United States unlawfully.
Filing Deadline is a one year after applicant's arrival in the United States, unless an applicant can show that change of circumstances that affected his eligibility for asylum or extra ordinary circumstances prevented from filing within one year.
If asylum is granted an applicant and any eligible spouse or children will be permitted to stay and work in the United States and later on adjust to lawful resident.
Q: What Will Be My Status After I Am Granted Asylum?
You will have asylee status. You will receive an I-94 Arrival and Departure record documenting that you are able to remain indefinitely in the United States as an asylee. You will be authorized to work in the United States for as long as you remain in asylee status. You may obtain a photo-identity document from USCIS evidencing your employment authorization by applying for an Employment Authorization Document (EAD). You will also be able to request derivative asylum status for any spouse or child (unmarried and under 21 years of age as of the date you filed the asylum application, as long as your asylum application was pending on or after August 6, 2002) who was not included as a dependent in your asylum decision and with whom you have a qualifying relationship. This means that you will be able to petition to bring your spouse and/or children to the United States, or allow them to remain in the United States indefinitely incident to your asylee status.
Adjustment of Status/What is it/Who is eligible?How much time will it take?
Adjustment of status
Adjustment of status is an immigration process that allows to an eligible applicant who is already in the United States to become a legal permanent resident.
One may be eligible to adjust his/her status if he is already in the United States, has an available immigrant visa number and if one or more of the following applies:
a) An immediate family member petition was approved or an applicant files it concurrently with application for an adjustment;
b) An applicant entered United States as a fiancé of a United States citizen and married that citizen within 90 days from his/her the entry
c) An applicant has approved employment based petition or he files it concurrently with his petition for an adjustment;
d) An applicant is an asylee or a refuge and has been in the United States for at least one year after his asylum was granted;
e) An applicant won diversity visa lottery;
f) An applicant has resided in the United States continuously since January 1, 1972;
g) An applicant may be eligible also based on certain nationality-based categories.
In order to become a permanent resident in the United States, one must file the following forms: Form I-485 with its supplements, G-325, I-693, I-864.
Applicants for an adjustment of status are eligible to apply for a work permit.
Work permit is usually given for a one year period, thus it is extremely important to renew your work authorization card well in advance prior to its expiration date.
An applicant for an adjustment of status may travel abroad, however one must obtain advance permission to return to the United States. It is crucial to consult your attorney before your departure.
Adjustment of status is a complicated and time consuming process. If your case was filed and is unreasonably delayed, ask an attorney about an option of filing legal action on your behalf in the Federal Court in your district.
Please remember in order to avoid unnecessary delays or complications during a process of an adjustment of status it is advisable to seek help from an attorney who will represent you and your loved ones during the entire process.
Adjustment of Status Delays. What can be done?
You can wait and wait and wait or take an action. Despite revised National Security Adjudication and Reporting Requirements Memo to approve adjustment of status cases pending for more than 180 days, still there are many cases pending for years without adjudication. For those who are ready to take more aggressive steps, litigation will be relevant in the adjustment context. Our office has successfully represented individuals waiting for years for an adjustment. There is never 100% guarantee in immigration cases but majority of cases were concluded with a desired result within 60-120 days from filing a complaint.
Citizenship & Naturalization
How to become a U.S. Citizen?
You may acquire citizenship in one of the two ways:
A) By Birth;
B) By Naturalization.
Naturalization is a process where an applicant demonstrates that he/she fulfills the requirement established by Congress in the Immigration and Naturalization Act.
The requirements are:
1. An applicant must be at least 18 years old;
2. An applicant physically continuously resided in the United States for a certain time period. 5 years of a legal permanent residence in the United States or 3 years of a legal permanent residence if one has been married and living with the same to U.S. Citizen;
3. An applicant must have lived for at least 3 months within the particular USCIS district prior to his filing for Naturalization.
4. An applicant must demonstrate his ability to write, read and speak English and his knowledge of U.S. history and government;
5. An applicant must have a good moral character, have attachment to the principles of the U.S Constitution and favorable disposition toward the United States.
Naturalization delays? What can be done?
You can wait and wait and wait, month after month, year after year OR If your case was filed and is unreasonably delayed, contact us about an option of filing legal action on your behalf in the Federal Court in your district.
Please remember in order to avoid unnecessary delays or complications during a process of Naturalization it is advisable to seek help from an attorney who will represent you and your loved ones during the entire process.
Who Qualifies for EXPEDITED NATURALIZATION under Section 319(b)
A person may be able to naturalize without having resided in the United States for 3 years if he/she is married to a US citizen who is stationed abroad for work with an American company, an international or a religious organization with a presence in the U.S.
An applicant for expedited naturalization under Section 319(b) must be the spouse of a US citizen who is regularly stationed abroad (USCIS interpreter it to mean that your spouse is contracted to work abroad for at least a year from the time of your interview), in the employment of:
* The government of the US (includes military).
* An American institution of research recognized as such by the Attorney General.
* An American firm or corporation engaged in whole or in part in the development of foreign trade or commerce, or a subsidiary thereof.
*A public international organization in which the US participates.
Minister or priest of a religious denomination having a bona fide organization in the US.
*Missionary.
Persons eligible for expeditious naturalization must file their applications in the US from their overseas location.
After your spouse's overseas employment ends, you must intend to take up residence in United States.
How can a child born abroad acquire U.S. Citizenship?
If only one parent is an American citizen and your child was born before November 14, 1986, the American parent must prove that he or she resided in the United States for a total of 10 years prior to the birth of the child, at least 5 of those years after the parent turned 14 years old.
If your child was born after November 14, 1986, the American parent must prove a total of 5 years of physical presence in the United States prior to the birth of the child, at least 2 of those years after the parent turned 14.
PLEASE NOTE: The burden of proof lies on the American citizen parent and not on officer who may adjudicate your case. You should make every effort to bring the required documents in order to obtain citizenship for your child. If you cannot meet the physical presence requirement or cannot obtain sufficient evidence that you were in the United States, you may wish consider an alternative of conferring citizenship to your child through your U.S. citizens parents for expedited naturalization.
GRANDCHILDREN OF AMERICAN CITIZENS
If you and the child are residing abroad, the Child may be eligible for EXPEDITIOUS NATURALIZATION if your parent, the Child's U.S. Citizen grandparent, was physically present in the United States for the time period required by the Law. The Grandparent can be living or deceased at the time of the application. If deceased, the Grandparent must have been a citizen prior to the child's birth and at the time of the grandparent's death. An application may be filed in any district of U.S.
A Child Born out of Marriage
A child born abroad out of marriage with a U.S. Citizen Father: A child born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship provided:
1) a blood relationship between the applicant and the father is established by clear and convincing evidence;
2) the father had the nationality of the United States at the time of the applicant's birth;
3) the father (unless deceased) had agreed in writing to provide financial support for the person until the applicant reaches the age of 18 years, and
4) while the person is under the age of 18 years --
A) applicant is legitimated under the law of their residence or domicile,
B) father acknowledges paternity of the person in writing under oath, or
C) the paternity of the applicant is established by adjudication court.
A child born abroad out of marriage to a U.S. Citizen Mother: A child born abroad out-of-wedlock to a U.S. citizen mother may acquire U.S. citizenship if the mother was a U.S. citizen at the time of the child's birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year.
What is it F-2 Visa?
Aof one year.
F2 visa allows to dependent spouse/child of F1 Student visa holder to enter into U.S. On F2 Visa you may enter U.S/Travel in and out as long as the principal F1 visa holder maintains valid status. You are not allowed to work. Your children may go to elementary/secondary school. F2 Visa spouse/child may engage in vocational or recreational study.
What is it VAWA Petition?
The Violence Against Woman Act (VAWA) allows battered immigrants to self- petition for legal status in the U.S without relying on abusive U.S. Citizen or legal resident Spouses, parents, or children to sponsor their Adjustment of Status. Victims of domestic violence, battery, and extreme cruelty whose self petitions are approved may file application for adjustment of status to become lawful permanent resident directly.
The April 11, 1008 USCIS guidance provides that an Adjustment of Status application for an approved VAWA self petitioner will not be determined to be ineligible for adjustment of status where he/she entered the U.S. without inspection and admission or parole. Note that as a general rule, an alien seeking adjustment of status under section 245(a) of INA must have been inspected at a port-of -entry and either admitted or paroled into the United States and be admissible as an immigrant.
The April 11, 2008 USCIS guidance allows an approved VAWA self petitioners whose denied adjustments of status application was filed on or after January 14, 1998, to file a MOTION TO REOPEN OR RECONSIDER, if the reason of denial was based on his/her illegal entry in the U.S.
What it is K Visa? Who is eligible?
K1 is a nonimmigrant visa, commonly known as a Fiance/Fiancee Visa.
You are eligible for a K visa as a fiancé/fiancée of U.S. Citizen if you are:
legally eligible to marry under the law of both countries; you will marry within 90 days after your arrival to U.S.; you entering for the purpose of marriage. Note that you are not allowed to change to any other nonimmigrant status while in U.S.
Remember that you are not allowed to apply for a fiancee visa while your fiancée is in U.S. Thus, K1 Status is available to fiancé of U.S. Citizen’s outside of the U.S. to enter and marry U.S. Citizen.
Your marriage must take place within 90 day after your entry, no extensions available.
What is it Mandamus?
It is a writ or an order, issued by courts only in extreme necessity, to a public official or corporation, commanding the performance of some public duty required by statute.
Mandamus can be relatively quick remedy in situations where the government has failed to act when it has a duty to do so. In recent years, thousands of non citizens have filed mandamus suites against USCIS in federal district court, seeking to enforce the agency to decide on long delayed applications for immigration benefits.
What is it Voluntary Departure?
When can I request for this form of relief?
Voluntary departure allows a person to leave the United States voluntarily at his own expense, without being subject to the inadmissibility bars that result from an order of removal.
Voluntary departure may be granted at any of three following stages:
1.before removal proceedings are initiated
2.before completion of proceedings
3.at the conclusion of proceedings.
To receive a grant of voluntary departure, a person must specifically request this form of relief and consent to its terms and conditions.
If an individual with granted voluntary departure, fails voluntary departure the U.S. within the set time period, he is subject to civil penalty (up to $5,000) and he/she is barred, for ten years, from the following forms of reliefs:
cancellation of removal; adjustment of status; change of status; registry and voluntary departure. Individuals who were granted voluntary departure under former INA § 244(e) (1995) are barred from these forms of relief for a five-year period.
What forms of relief from departure are available?
The most common forms of relief from removal are:
1.Voluntary Departure.
2.Cancellation of removal for permanent residents;
3.Cancellation of removal for non residents;
4.Asylum, Withholding of removal and UN Convention Against Torture;
5.Stay of removal;
6.Administrative and Judicial review;
7.Administrative appeal;
8. Certain waivers of inadmissibilty and deportability.
Who is eligible for a U visa?
There are four basic eligibility requirements for U visa interim relief:
(1) A victim has suffered substantial physical or mental abuse from following criminal activities:
Rape; Torture;. Trafficking; Incest; Domestic violence; Sexual assault; Abusive sexual contact; Prostitution; Sexual exploitation; Female genital mutilation; Being held hostage; Peonage; Involuntary servitude; Slave trade; Kidnapping; Abduction; Unlawful criminal restraint; False imprisonment; Blackmail; Extortion; Manslaughter; Murder; Felonious assault; Witness tampering; Obstruction of justice; Perjury; or Attempt, conspiracy or solicitation to commit any of the above.
(2) Possess information regarding the criminal activity;
(3) Assist government officials in the investigation or prosecution of such criminal activity;
(4) The criminal activity violated US law or occurred in the United States (including Indian country and military installations) or the territories and possession of the United States. An abuser does not need to be a U.S. citizen or lawful permanent resident, and a victim does not have to have been married to the abuser to be eligible for a U visa. Moreover, a victim is not required to be physically present in the US to qualify for a U visa.
She/ He can apply from abroad as long as the criminal activity violated US law or occurred in US territories.
USCIS can only grant 10,000 U visa status in each fiscal year.
What is it “ Marriage Visa”?
I and my U.S. citizen husband got married in Asia, how can I immigrate to the U.S.?
A foreign spouse of the U.S. citizen can reunite with a spouse and immigrate to the U.S., if U.S. citizen spouse filed a petition for immediate relative visa. A spouse from abroad will have to apply for a K-3 visa, which will allow you to come to U.S. and await availability of immigrant visa.Humanitarian Parole
What Is Parole Status?
An individual who is not eligible to come to the United States as a refugee, immigrant or a non-immigrant may be “paroled” into the United States by the U.S.Attorney General. This special provision of the immigration law is used very sparingly for emergency, humanitarian and public interest reasons.
An individual who is paroled into the United States is known as a “parolee.”
The decision to parole an individual for emergency or humanitarian reasons is made on a case-by-case basis to permit entry in the U.S. for medical treatment, attendance at funerals and other exceptionally serious reasons. In such cases, parole is issued for a specific period of time, and the parolee is expected to depart once the emergency situation ceases to exist or the purpose for which parole was granted is accomplished.
Employment Immigration; What it this? Who is eligible?
If you want to become an immigrant based on the fact that you have a permanent employment opportunity in the United States, or if you are an employer that wants to sponsor someone for lawful permanent residency based on permanent employment in the United States, you must go through a multi-step process.
There are 4 categories for granting permanent residence to foreign nationals based upon employment:
EB-1 Priority workers
- Foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics
- Foreign national that are outstanding professors or researchers
- Foreign nationals that are managers and executives subject to international transfer to the United States
EB-2 Professionals with advanced degrees or persons with exceptional ability
- Foreign nationals of exceptional ability in the sciences, arts or business
- Foreign nationals that are advanced degree professionals
- Qualified alien physicians who will practice medicine in an area of the U.S. which is underserved. Read more about this particular program.
EB-3 Skilled or professional workers
- Foreign national professionals with bachelor's degrees (not qualifying for a higher preference category)
- Foreign national skilled workers (minimum two years training and experience)
- Foreign national unskilled workers
EB-4 Special Immigrants
- Foreign national religious workers
- Employees and former employees of the U.S. Government abroad
What Non Resident Alien is qualified for Cancellation of removal ?
You may be eligible to have your removal cancelled under section 240A(b) of the Immigration and Nationality Act (INA). To qualify for this benefit, you must establish in a hearing before an Immigration Judge that:
A. 1. Prior to the service of the Notice to Appear, you have maintained continuous physical presence in the United States for ten (10) years or more, and you have been a person of good moral character as defined in section 101(f) of the INA during such period;
2. You have not been convicted of an offense covered under sections 212(a)(2), 237(a)(2), or
237(a)(3) of the INA; and
3. Your removal would result in exceptional and extremely unusual hardship to your United States citizen or lawful permanent resident spouse, parent, or child, and you are deserving of a favorable exercise of discretion on your application.
OR
B. 1. You have been battered or subjected to extreme cruelty in the United States by your United States citizen or lawful permanent resident spouse or parent, or you are the parent of a child of a United States citizen or lawful permanent resident and the child has been battered or subjected to extreme cruelty in the United States by such citizen or lawful permanent resident parent;
2. Prior to the service of the Notice to Appear, you have maintained continuous physical presence in the United States for three (3) years or more and you have been a person of good moral character as defined in section 101(f) of the INA during such period;
3. You are not inadmissible under sections 212(a)(2) or 212(a)(3) of the INA, you are not deportable under section 237(a)(1)(G) or sections 237(a)(2)-(4) of the INA, and you have not been convicted of an aggravated felony as defined under the INA;
4. a. Your removal would result in extreme hardship to you or your child who is the child of a United States citizen or lawful permanent resident; or
b. You are a child whose removal would result in extreme hardship to you or your parent; and
5. You are deserving of a favorable exercise of discretion on your application.
What is the Right Visa For me
Am I eligible for Asylum?
Adjustment of Status/What is it/Who is eligible?How much time will it take?
Adjustment of Status Delays. What can be done?
How to become a U.S. Citizen?
Naturalization delays? What can be done?
Who is Qualified for EXPEDITED NATURALIZATION under Section 319(b) ?
How can a child born abroad acquire U.S.Citizenship?
Grandchildren of U.S. Citizen
What is it F-2 Visa?
What is it VAWA Petition?
What is it K Visa? Who is eligible?
What is it Mandamus?
What forms of relief from departure are available?
What is it Voluntary Departure ?
When can I request for this form of relief?
Who is eligible for a protection against certain crimes U visa?
What is it " Marriage Visa"?
Humanitarian Parole What Is Parole Status? Who is eligible?
Employment Immigration:What is this?Who is eligible?
What Non Resident Alien is qualified for Cancellation of removal ?
275 Madison Avenue
4th Floor
New York , NY 10016
ph: (212)880-1538
fax: (212)937-4697
alt: (347)249-1311
lawmakes
