Submitting an asylum application which is pending final decision with an Immigration Judge will allow you to stay in the United States. In order for you to be eligible to apply for Asylum, you must meet certain requirements, among them is the requirement to apply for Asylum within one (1) year of your arrival to the United States. However, there are exceptions to this rule which Attorney Sovmya George has successfully argued before an Immigration Judge. Call our Law Office today to discuss your options if you surpassed the one (1) year requirement. Attorney George is happy to listen to you and your case. Not only you, but your family can also be included in your Asylum application at the time you file or at any time until a final decision is made. You may include your spouse and your children as long as they are under twenty-one (21) years old and unmarried. Asylum is a lengthy process that is document intensive. If you do not have a thorough understanding of the immigration laws of the United States, it can be quite difficult to navigate your way through such a process. It is recommended you hire an experienced Immigration Attorney to help you through this process and represent you in court when it comes time for hearings and trials before an Immigration Judge. Give our Law Office a call at 972-905-0948 to schedule a consultation appointment with Attorney Sovmya George who is happy to discuss with you your options in great detail.
You may be eligible for this form of immigration relief if you meet the following conditions: (1) You have been continuously present in the United States for at least ten (10) years; (2) You being deported from the United States would cause exceptional and extreme unusual hardship to your qualifying relative(s) who are either U.S. citizens or lawful permanent residents; (3) You have good moral character; and (4) You have not been convicted of certain crimes. The burden of proof is on the applicant seeking relief, who is you, to prove that you meet all the above requirements for Cancellation of Removal. Cancellation of Removal is a lengthy process that is document intensive. If you do not have a thorough understanding of the immigration laws of the United States, it can be quite difficult to navigate your way through such a process. It is recommended you hire an experienced Immigration Attorney to help you through this process and represent you in court when it comes time for hearings and trials before an Immigration Judge. Give our Law Office a call at 972-905-0948 to schedule a consultation appointment with Attorney Sovmya George who is happy to discuss with you your options in great detail.
EB-1 stands for Employment Based First Preference Category. It is a type of employment-based visa which will give someone who qualifies, a green card. A person may be eligible for such a visa category if they fall in either one of three (3) categories: (1) Extraordinary Ability; (2) Outstanding Professors and Researchers; or (3) Certain Multinational Managers or Executives. Extraordinary Ability is categorized under EB-1A. Outstanding Professors and Researchers are categorized under EB-1B. Certain Multinational Managers or Executives are categorized under EB-1C. Each category (EB-1A, EB-1B, and EB-1C) has certain requirements that must be met in order for a candidate to be eligible. For example, looking at EB-1A or those with Extraordinary Ability, USCIS requires the candidate to meet at least three (3) of the ten (10) criteria listed out by USCIS. If the candidate cannot meet three (3) of the ten (10) criteria, all hope is not lost as the candidate may still be eligible for an EB-1A visa if he/she earned a one time achievement award such as a Pulitzer, Oscar, Olympic Medical, etc. and shows he/she will be continuing to work in the area of his/her expertise. Filing for a Green Card through an EB-1 category has its perks. One such perk is that the candidate does not have to obtain an approved Labor Certification from the Department of Labor. Another perk is that the candidate need not a job offer from a U.S. employer in order to apply for such a visa. The candidate may apply directly with USCIS, giving them that independency and time saving factor. Now EB-1A is just one category of the EB-1 visa categories. To find out which category will suit you best and to discuss your matter with an experienced Immigration Attorney, call the Law Office of Sovmya George and we are happy to discuss viable possibilities for you.
EB-2 stands for Employment Based Second Preference category. An EB-2 category is a type of Green Card that can be obtained if the candidate meets certain requirements imposed by USCIS. It varies from an EB-1 in the sense that an approved Labor Certification is required to file for an EB-2, as well as a job offer from a U.S. employer. The U.S. employer is the one applying on behalf of the candidate rather than the candidate themselves. There are two sub-categories to an EB-2 visa. If a candidate meets the requirement of either or, they may be eligible for a Green Card. The first sub-category is anyone who possesses an “advanced degree”. According to USCIS, an advanced degree equates to a minimum requirement of a bachelor’s degree or its foreign equivalent and five (5) years of progressive experience in the field. Anything less is considered an EB-3 category. The second sub-category is anyone who possesses an “exceptional ability”. USCIS defines exceptional ability as, “having a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. Along with that, one must meet at least three (3) criteria set out by USCIS. Differentiating between an EB-1, EB-2 and EB-3 visa can be difficult. It is important to consult with an experienced Immigration Attorney to decide which pathway is more suitable for the candidate. Call our office today to speak with Attorney George if you are interested in these types of visa categories.
EB-2 NIW stands for Employment Based Second Preference Category with National Interest Waiver. EB-2 NIW differs from EB-2 in the sense that EB-2 NIW does not require the candidate to go through the PERM process and obtain an approved labor certification. Nor is the candidate required to have a job offer from a U.S. employer. The candidate may apply for this type of visa category themselves, without a U.S. employer as long as they meet certain requirements. In order for a candidate to qualify for an EB-2 NIW, they must first meet the requirements of an EB-2 category by demonstrating that they have either (1) an advanced degree or its equivalent; or (2) an “exceptional ability”. An “advanced degree” is considered to be anything beyond a bachelor’s degree or its foreign equivalent, or a bachelor’s degree and at least five (5) years of progressive experience in the field. An “exceptional ability” is meeting at least three (3) of the criteria set by USCIS. Differentiating between an EB-1, EB-2, EB-3 and EB-2 NIW visa can be difficult. It is important to consult with an experienced Immigration Attorney to decide which pathway is more suitable for the candidate. Call our office today to speak with Attorney George if you are interested in these types of visa categories.
EB-3 stands for Employment Based Third Preference category. An EB-3 visa category allows an eligible candidate to obtain a Green Card. The candidate must have a job offer from a U.S. employer and the candidate must go through the PERM process and obtain an approved labor certification. Typically, a candidate who has an education equivalent to less than a bachelor’s degree with five (5) years of experience, falls into this category. EB-3 category is considered to be a lower standard compared to the other types of visa categories (EB-1 and EB-2). There are three (3) sub-categories to an EB-3 category: (1) skilled worker; (2) professionals; and (3) unskilled/other workers. Briefly, “skilled workers” are those who have at least 2 years of relevant employment experience of training. “Professionals” are those who have at least a bachelor’s degree or its foreign equivalent in the relevant field. “Unskilled/other workers” are those who do not have a degree and/or do not have 2 years of relevant employment experience of training. Differentiating between an EB-1, EB-2 and EB-3 visa can be difficult. It is important to consult with an experienced Immigration Attorney to decide which pathway is more suitable for the candidate. Call our office today to speak with Attorney George if you are interested in these types of visa categories.
The L-1 visas allow intracompany transfers for an employee working for an employer in a foreign country to come to the U.S. and work. Specifically, L-1 visas allow managers, executives or people with specialized knowledge to come to America and work under a Green Card. There are two types of L-1 visas. One of them is an L-1A visa. An L-1A visa allows an employee to live and work in the U.S if the employee works as a manager or executive of the company in the foreign country. Now, there are certain requirements that must be met in order for USCIS to determine that a candidate is eligible for this type of Green Card. For example, the candidate must have been working for one (1) continuous year with the foreign company within the three (3) years immediately before his/her admission to the U.S. Along with this, there are other criteria which a candidate needs to meet to be eligible to apply for an L-1A visa. The second type of L-1 visa is an L-1B visa. An L-1B visa allows an employee to live and work in the U.S. if the employee has specialized knowledge related to the company’s interests. Now it can be tricky to define what specialized knowledge entails. USCIS states that specialized knowledge either means knowledge a candidate has about the company’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedure. (8 CFR 214.2(l)(1). Along with that, there are other requirements for an L-1B candidate to meet in order to qualify for this type of visa. We know all this information can be confusing and the legalities in immigration law can be overwhelming. It is strongly recommended and important to discuss your options with an Immigration Attorney who has worked on L-1 visa cases. Your business and employees matter to us and the dreams you have of expanding your company in the U.S. Give our law office a call to schedule a consultation with Attorney George today to discuss your options and whether an L-1 visa is a good fit for you.
Depending on your path you took to become a Lawful Permanent Resident, there are specific, certain requirements that need to be met in order for you to attain your U.S. Citizenship. Are you a Lawful Permanent Resident of 5 Years? Are you married to a U.S. Citizen? Are you serving in the U.S. Military? Or are you a child of a U.S. Citizen? If you answered yes to any of these questions and you are seeking to apply for your Naturalization, call our Law Office today at 972-905-0948 and Attorney Sovmya George will be happy to discuss with your options of applying and the process.
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