Immigration to America is a large contributor to population growth and cultural change throughout the United States for centuries now. The financial, social, and political implications of immigration have created heated debates and controversy, primarily because concerns regarding ethnicity, economic benefits vs. social risks, impact on crime, and voting behavior. According to government statistics, as of 2006, the U.S.A. accepted more legal immigrants as permanent residents than all other countries in the world combined. Because the removal of ethnic quotas in U.S. immigration law was implemented in 1965 the number of first generation immigrants residing in the country has quadrupled from under ten million in 1970 to about 38 million in 2007. Over one million persons were naturalized as U.S. citizens in 2008, for example. The leading persons coming to the United States were from Mexico, India, the Philippines, and China. In total, about fourteen (14) million immigrants came to the United States the first decade of the 21st century.
The Law Office of Bert M. Vega has vast experience with U.S. Immigration Laws, for Individuals and Businesses, and is prepared to help you with your important immigration situation.
U.S. Immigration Law
Family Reunification and Naturalization - Family Immigration Visas - Green Card - Fiancee Visa
The Law Office of Bert M. Vega is very pleased to help you obtain fiance (also spelled fiancé, fiancee and fiancée) visas (K-1 visas), VISA's for the children of your fiance (K-2 visas) if applicable. The law firm also helps to obtain visas for foreign spouses and their children (K-3 and K-4 visas), VISA's for parents, brothers, and sisters and more. Persons with a Green Card or a U.S. Citizen you can petition the U.S. government for an immediate family member to come and live and work legally in the country. This process is most often referred to as "petitioning" or "sponsoring a family member" to obtain their U.S. Green Card. If a family member is already in the United States, with a nonimmigrant visa such as the H1-B, filing a petition for adjustment of status on their behalf can assist them in staying in the United States legally.
To sponsor or petitioner you have to meet the following criteria: Be either a United States citizen or a lawful permanent resident (have a Green Card) of the United States of America and be able to provide valid documentation proving your status. You also must be able to prove that you can support your relative; by proving that you are at 125 percent above the government established poverty line. Not being able to demonstrate this level of financial support based my require a co-sponsor under certain particular circumstances.
The first step for a sponsor or petitioner is to file Form I-130 with the U.S. government. The immigrant VISA must be available before the application can continue (pre-approved by the United Stated Immigration and Naturalization Service). This is due to the United States Department of State VISA quota system. This program operates by category preferences depending on the relationship with the sponsor. This quota system applies to all indifferent if you are inside or outside the United States when applying for a Green Card. For more information contact Bert M. Vega, Attorney at Law, for an initial free consultation.
Fiance VISA and Marriage VISA
If you are a U.S. citizen considering getting married to a non-U.S. resident, the San Francisco Bay Area Immigration Law Office of Bert M. Vega can help you with your K-1 fiance visa application. He has successfully helped hundreds of fiance, marriage-based, and family-based immigration applications.
To file a successful application for a fiancee visa, a U.S. citizen first must file form I-129F - Petition for Relative or Fiance. For best results, the form must be completed accurately and filed with the United States Citizenship and Immigration Services (USCIS). Which USCIS office you file in depends upon your jurisdiction in which you reside. Processing times for a K-1 fiancee visa varies depending on the Service Center and United States Embassy.
Upon approval of the I-129F, the K-1 fiance visa application is then forwarded to the American consular office closest the city of your fiancee’s residence. The petition is valid for just four (4) months; however, the consular office has the authority to revalidate the application if requested.
An I-129F petition is not automatic or guaranteed. Filing the application accurately is of vital importance. When a fiancee visa application is not completed correctly, or supporting documentation is missing, your application could be delayed or denied. Furthermore, if your fiancee has been convicted of a crime, has a history of mental disorder, or has a dangerous communicable disease, the visa will be denied. There are many other reasons fiancee visas can be delayed or denied, it is best to consult with an experienced immigration lawyer first, before attempting to file any legal documents on your own.
When your I-129F application is approved your fiancee will be contacted by the American Consular Office and sent the appropriate K-1 fiance VISA application forms to be completed then submitted. Your fiancee will have to meet strict requirements regarding documents and records. Important documents your fiancee will need are:
- Birth certificate from the home country
- Death certificate of previous spouse if applicable
- Divorce certificate if applicable
- Official record of all legal residences since sixteen (16) years of age
- Doctor’s certificate of health
- Evidence supporting your fiancee’s intent to get married to you
Your fiancee has to supply evidence that you intend to enter into a legal marriage in the United States within ninety days (90 days) upon receiving the K-1 visa. A bona fide relationship needs to be established, so proof that the two of you met and known each other for at least two years needs to be documented . And, the U.S. consular office will interview your fiancee regarding the documents and other related matters prior to approving the fiance visa application for final processing.
Employment Based Immigration: EB-1, EB-2, EB-3, EB-4, and EB-5 Immigrant Visas
To obtain an employment-based immigrant visa you must have a bone fide job offer from a U.S. employer and you need have the qualified education and experience for the job. There also must NOT BE a qualified U.S. worker willing or capable to take that job. The time it takes to complete this application can be a few months, to several years, if a labor certification is mandatory.
Because employment based visas are subject to a quota system timing is an important part of the process.
To bring workers into the United States domestic employers must first seek to obtain foreign labor certification with the Department of Labor or the USCIS. Commonly referred to as "PERM," the labor certification process allows the U.S. Department of Labor to certify their is not U.S. worker available for the job. Most employment based immigration visas, regardless of category, require labor certification before the application for a green card can be properly submitted.
Employment Immigration: Nonimmigrant Visas
Nonimmigrant visas are for those who come into the U.S. temporarily for a specific reason. Many types of employment-based nonimmigrant visas can be utilized. Each has a specific application to the type of work and skill level required by the American-based employer. It is common for workers that come into the United States on a temporary basis (nonimmigrant visa) and then apply for their green card. Categories of nonimmigrant visas include:
- A- visas for career diplomats
- B- visas for temporary business visitors
- E-1 and E-2 visas for treaty traders and investors
- E-3 visas for Australian citizens
- H- visas for temporary workers in special occupations
- L- visas for intra-company transfers
- O- visas for extraordinary abilities
- P- visas for athletes and entertainers
- R- visas for religious workers
- TN- visas for NAFTA professionals Canada and Mexico
If you’re facing deportation the Law Office of Bert M. Vega can help you and your family navigate deportation proceedings and achieve the best outcome possible. Bert M. Vega, Attorney at Law, has seventeen years of experience helping individuals, families, and businesses deal with critical immigration issues that have a profound impact on their lives and business. Contact the law firm for more information.
* Obtain U.S. Worker VISA * Obtain U.S. Investor VISA * Naturalization
* Appeals with the Board of Immigration *Appeals with the Circuit Court
DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual legal situation. The law firm invites you to contact them and welcomes your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.