Family-Based Immigration Attorney in San Francisco, CA
The United States of America is a popular destination for foreigners. Whether for tourism, business, study, humanitarian relief, or to simply start a new life, people from all over the world come to the United States of America.
Whether you are a U.S. Citizen or Legal Permanent Resident (“LPR”) trying to bring a loved one to the United States or a Foreign National trying to enter the United States legally, immigration attorney Flavio Carvalho can help!
Entering the Country
In essence, there are four ways of entering the United States Legally.
- Nonimmigrant Visa
- Family Based Visa
- Employment Based Visa
- Humanitarian Based Visa
A nonimmigrant visa is a permission granted to a foreign citizen to enter the United States temporarily. Most of these visas include a commitment on the part of the nonimmigrant to leave the United States before the expiration of the visa. In some cases, the visa holder may ask for an extension or apply for an Adjustment of Status (“AoS”)—a change to another visa.
Nonimmigrant visas include:
|A||Diplomat or Foreign Government Official|
|A-2 / NATO1-6||Foreign Military Personnel Stationed in the U.S.|
|B-1||Temporary Business Visitor, Athlete in a Competition, Domestic Employee (e.g., nanny) Accompanying Employer|
|B-2||Tourism, Medical Treatment|
|BCC||Border Crossing Card (Mexico)|
|C||Transit Through the U.S.|
|E||Treaty Trader and/or Investor|
|E-3||Australian Professional Specialty|
|F / M||Academic or Vocational Student|
|G1-G5/ NATO||NATO or Designated International Organization|
|H-1B||Specialty Occupations with Highly Specialized Knowledge|
|H-1B1 Chile/Singapore||Free Trade Agreement (FTA) Professional from Chile or Singapore|
|H-2B||Temporary or Seasonal Worker|
|I||Trainee or Special Education Program|
|J||Journalists and Media Personnel|
|J||Professor, Scholar, Teacher Exchange|
|J / H-1B||Au Pair|
|P||Extraordinary Ability (Science, Arts, Education, Business, or Athletics)|
|T||Human Trafficking Victim|
|TN / TD||NAFTA Professional (Mexico and Canada)|
|V||Spouse and Children of Lawful Permanent Resident (“LPR”)|
The applications for these visas are complex and time sensitive. Missing a deadline, submitting the wrong form, or failing to submit the necessary documents and fees may be fatal to your request. So we are here to handle the whole process for you, from application to renewal to correcting an error. Call us today at 415-745-3324. We solve and prevent legal problems!
Family Based Immigrant Visas
U.S. citizens and LPRs (Lawful Permanent Residents or Green Card Holders) have the option to petition and sponsor a family member for permanent residence. Known as Adjustment of Status, this process allows immigrants to be admitted for citizenship. The application process is extensive however, and an immigrant must meet certain criteria before the process can move forward. He or she must have a visa available, be in lawful immigrant status, submit an application, go through an interview, and have a clean criminal record (no fraud or crimes, etc.)
The first step is for the Citizen or LPR to file a visa petition with U.S Citizenship and Immigration Services (USCIS) office on behalf of the relative. After the petition is approved, the beneficiary will be assigned an immigrant visa number, when one is available. They can then proceed with the application process via the consulate in their home country. In some cases (e.g., spouse of a U.S. citizen), if the Foreign National beneficiary is already in the United States, he or she may be able to finish the application without having to return to their country of origin.
This is just an outline of requirements and procedures. A qualified attorney can review your situation in more detail and help you do it right. Flavio Carvalho, attorney at law, is a qualified immigration attorney who assists U.S. Citizens and Permanent Residents in bringing their relatives and loved ones to the United States. Call us today at 415-745-3324 for an appointment.
There are two types of family based immigrant visas: Immediate Relative and Family Preferences.
Immediate Relative (IR) Immigrant Visas are granted to foreign nationals who have an immediate family relationship with a U.S. citizen. There are no limits to how many of these visas may be granted each fiscal year. In other words, immediate relatives of U.S. citizens (spouses, parents, and unmarried minor children) do not have to wait for an immigrant visa number.
The categories of IR Immigrant Visas are:
|IR-2||Unmarried Children Under 21 Age|
|IR-3||Orphan Adopted Abroad|
|IR-4||Orphan to be Adopted|
|IR-5||Parent of U.S. Citizen at least 21 Years Old|
The categories of Family Preference visas are:
|F1 (First Preference)||Adult Children (21 years or older) of U.S. citizens|
|F2 (Second Preference)||Spouses, Minor Children, and Unmarried Adult Children of LPRs|
|F3 (Third Preference)||Married Children of U.S. Citizens|
|F4 (Fourth Preference)||Brothers and Sisters of U.S. Citizens|
For all your family immigration needs, and other family law matters, know that you can rely on the training and experience of Flavio Carvalho, attorney at law. With an in-depth knowledge of immigration law, attorney Flavio Carvalho can help you through the convoluted and lengthy family-based immigration process. He will work tirelessly to help ensure that his clients can reunite with those they cherish the most.
Do you need to speak with a qualified legal professional about your immigration case or situation? Call Flavio Carvalho, attorney at law, today at 415.745.3324.
Employment Based Immigration Visa
Every fiscal year (Oct. 1 and Sept. 30) USCIS makes 140,000 employment based immigration visas available to Foreign Nationals who are specially qualified for specific jobs. Because of this limited number of available visas, these petitions are highly competitive.
To qualify for these visas, the employer or agent of the beneficiary must secure a Labor Certification from the Department of Labor. Once approved, the Employer files a Petition for Alien Worker. When the petition is approved, it will be assigned a priority date. Once that date qualifies for processing, the National Visa Center (NVC) will inform the applicant and request submission of final documents.
There are five categories of Employment Based Immigrant Visas. They are:
E1 Employment First Preference: Priority Worker
- Persons with Extraordinary Ability
- Outstanding Professors and Researchers
- Multinational Managers and Executives
E2 Employment Second Preference: Priority Worker
- Professionals with Advanced Degrees
- Persons of Exceptional Ability
E3 Employment Third Preference
- Skilled Workers
- Unskilled Workers
E4 Employment Fourth Preference
- Ministers of Religion and Certain Religious Workers
- Certain Former Employees of the U.S. Government Abroad
- Iraqi and Afghan Interpreters and Translators
- Iraqi and Afghan Valuable Service Providers
- Special Immigrant Juveniles
- S. Armed Forces Foreign Recruits
- Certain Retired NATO-6 personnel
E5 Employment Fifth Preference
The application for Employment Based Immigration Visa is very detailed. You need an advocate in this complex process. So call Flavio Carvalho Law and we will handle these complexities for you. For an appointment, call 415.745.3324 today!
Humanitarian Based Visas
USCIS offers several programs to protect individuals in need shelter and aid because of persecution, natural disasters, medical emergencies, or political unrest. These programs include:
A refugee is someone who is outside of the U.S.; is of special humanitarian concern to the U.S.; were persecuted or feared persecution due to race, religion, nationality, political opinion, or membership in a particular social group; is not resettled in another country; and is admissible to the United States.
While in the U.S., a Foreign Nationals may request Asylum Status if they have suffered persecution or fear that they will suffer persecution due to Race, Religion, Nationality, Membership in a Particular Social Group, or Political Opinion.
Battered Spouse, Children, and Parents
As a Battered Spouse, Battered Child, or Battered Parent may file an immigrant visa petition under the Violence Against Women Act (VAWA).
Victims of Human Trafficking and Serious Crimes
Human trafficking is the trafficking of persons and is a form of modern-day slavery. Traffickers lure unsuspecting individuals with false promises of employment and a better life then take control of the life of the victim.
Individuals and their families may become victims to other types of crime in the United States, including rape, murder, manslaughter, domestic violence, sexual assault, and others.
When a natural catastrophe or other extreme situation, Foreign Nationals may qualify for special visas or extensions to the their current one.
Temporary Protected Status (TPS)
When catastrophic events take place in a country, the Secretary of the Department of Homeland Security may assign it Temporary Protected Status. In these cases, Foreign Nationals already in the U.S. may apply for extended stay in the country until the events giving rise to the Status subside.
Deferred Enforcement Departure
The President has discretion to authorize Deferred Enforced Departure (DED). Individuals covered by DED are not subject to removal from the United States, usually for a designated period of time
Special Immigration Juvenile Status (SIJS)
The SIJS program protects foreign children in the United States who have been abused, abandoned, or neglected. SIJS provides Legal Permanent Status (Green Cards) to foreign children who are unable to be reunited with a parent.
Deferred Action for Childhood Arrivals (DACA)
Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Started on June 15, 2012, DACA allows certain people who came to the United States before the age of 16 and meet several guidelines to request Deferred Action for a period of two years, subject to renewal. During this time, they are also eligible for work authorization. However, DACA does not provide lawful status.
Female Genital Mutilation or Cutting (FGM/C)
FGM/C is the cutting of female genital organs for non-medical reasons (sometimes called “female circumcision”). The practice has no health benefits and can cause physical and mental health problems.
It is against the law to perform FGM/C on a girl under the age of 18 in the United States or to send or attempt to send her outside the United States so FGM/C can be performed. The U.S. government considers FGM/C a serious human rights abuse and, when done to a child, a form of child abuse.
Victims of FGM/C may be eligible for a humanitarian visa and perpetrators are subject to criminal charges.