United States immigration law is one of the most complex areas of law. The lawyers at the Greenbelt, Maryland office of The Tachi Law Firm, LLC. are on the ready to assist you in your immigration matters whether you are applying for legal permanent residency (LPR)) also know as Green Card through a family-based petition, employment visas, or through the Violence Against Women Act (VAWA) or seeking H1B, Asylum and much more. The attorney in the Tachi Law Firm, LLC. will represent client in all 50 states of continetal United States and overseas.

 

Our services in this area

  • GREEN CARD

 

Family-Sponsored Immigrants

 

Immediate Relatives of U.S. Citizens and Green Card Holders

 

To promote family unity, immigration law allows U.S. Citizens and permanent residents (Green Card holders) of the United States to petition for certain eligible relatives to come and live permanently in the United States. 

 

Eligibility as Sponsor



 To be eligible to sponsor a relative to immigrate to the United States you must meet the following criteria:

  • You must be a citizen or a lawful permanent resident of the United States and be able to provide documentation proving your status.
  • You must prove that you can support your relative at 125% above the mandated poverty line.
  • If you are a US Citizen you may petition for the following foreign national relatives to immigrate to the United States; however you must be able to provide proof of the relationships:
    • Husband or wife;
    • Unmarried child under 21 years old;
    • Unmarried son or daughter over 21;
    • Married son or daughter of any age;
    • Brother or sister, if you are at least 21 years old; or
    • Parent, if you are at least 21 years old.
  • If you are a lawful permanent resident you may petition for the following foreign national relatives to immigrate to the United States; however you must be able to provide proof of the relationships:
    • Husband or wife; or
    • Unmarried son or daughter of any age.

Preference Categories



Relatives who want to become immigrants are classified into categories based on a preference system. The immediate relatives of U.S. citizens, which includes parents, spouses and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the visa petition filed for them is approved by the USCIS. An immigrant visa number will be immediately available for immediate relatives of U.S. citizens.

 

Congress has limited the number of relatives who may immigrate under the following categories each year so there is generally a waiting period before an immigrant visa number becomes available. If your family relationship qualifies you as an eligible relative of a U.S. permanent resident, then you are in what is called a “family preference category.”
 

  • First Preference: Unmarried, adult sons and daughters of U.S. citizens. Adult means 21 years of age or older.
  • Second Preference: Spouses of lawful permanent residents, their unmarried children (under twenty-one), and the unmarried sons and daughters of lawful permanent residents.
  • Third Preference: Married sons and daughters of U.S. citizens.
  • Fourth Preference: Brothers and sisters of adult U.S. citizens.

Due to the complex nature of the procedures in this area, a complete understanding of U.S. Immigration law is absolutely necessary.

 

Violence Against Women Act (VAWA)

 

Under the Violence Against Women Act (VAWA), the spouses and children of United States citizens or lawful permanent residents (Green Card holder) may self-petition to obtain lawful permanent residency. The immigration provisions of VAWA allow certain battered immigrants to file for immigration relief without the abuser's assistance or knowledge, in order to seek safety and independence from the abuser. Under this category, the battered spouse, a battered child or the parent of a battered child may self-petition.

 

Employment-Based Immigrant Visas



There are many categories that encompass employment-based immigration. These visas are different than temporary employment-based nonimmigrant visas, and they require a complete understanding of U.S. immigration law. Filing the appropriate visa application requires a firm understanding of the goals of both the foreign national employee and the business seeking to hire a foreign national.

 

The unique facts of each situation will determine which visa to apply for and the necessary information and documentation that are required to be furnished by the USCIS For example, an investor/employment creation visa includes two different types of investors, is numerically capped as to the number of visas issued each year, and is very specific in terms of the types and amount of investment required.

 

A foreign national seeking permanent residence (Green Card) with respect to employment in the U.S. has five categories from which to choose, from highest to lowest priority. The following summaries will give you a general overview of each employment category.

 

 EB-1: Priority Workers

  • Extraordinary ability in the fields of athletics, business, arts, sciences or education
  • Outstanding researchers or college professors
  • Business executives/managers transferred to the U.S.

EB-2: Professionals with Advanced Degrees or with Exceptional Ability

  • Exceptional ability in the fields of business, the arts or sciences
  • Professionals with advanced degrees
  • Medical physicians practicing in traditionally underserved areas of the U.S.

EB-3: Skilled/Professional Workers

  • Professionals with bachelor's degrees who do not qualify for a higher preference category
  • Skilled workers, with a minimum of two years training and experience
  • Unskilled workers

EB-4: Special Immigrants

  • Religious workers
  • Current and former employees of the U.S. government living overseas

EB-5: Immigrant Investors

  • Those seeking green cards in connection with a new commercial enterprise (annual limit of 10,000).

 

H-1B Visa: Specialty Occupations

 

To qualify as a specialty occupation, a given position must meet one of the following criteria:

  • A bachelor's degree or its equivalent is the minimum application requirement
  • The degree requirement must be common to the job or the position must be so complex that only an individual with that degree can perform it
  • The employer must typically require a degree for the position
  • The duties of the job are so specialized and complex that the attainment of a bachelor's degree or higher is required.

The H-1B visa applicant must meet one of the following criteria to be eligible:

  • Obtained a U.S. bachelor's degree or its equivalent as required by the given specialty occupation
  • Obtained a foreign degree equivalent to a U.S. bachelor's degree or its equivalent as required by the given specialty occupation
  • Hold a registration, certification or unrestricted state license authorizing full practice of the specialty occupation (and be engaged in that occupation)
  • Possess expertise in the specialty occupation through related positions and have training, education or experience in that specialty.

H-1B2 Visa: Dept. of Defense Research and Development Worker

 

To qualify as a DOD cooperative R&D project, it must be related to a government-to-government agreement handled by the DOD and must have a bachelor's degree or its equivalent as a requirement.

Applicants for H-1B2 visas must meet one of the following criteria to be eligible:

  • Obtained a U.S. bachelor's degree or its equivalent as required by the given specialty occupation
  • Obtained a foreign degree equivalent to a U.S. bachelor's degree or its equivalent as required by the given specialty occupation.
  • Hold a registration, certification or unrestricted state license authorizing full practice of the specialty occupation (and be engaged in that occupation).
  • Possess expertise in the specialty occupation through related positions and have training, education or experience in that specialty.

H-1B3 Visa: Fashion Model

 

To qualify for an H-1B3 visa, the position must require a fashion model of prominence and the applicant must be a fashion model of distinguished merit and ability.

 

Asylum



Asylum is granted to aliens who are in the United States and are unable or unwilling to return to their homeland because of persecution or a well-founded fear of persecution based on race, religion, nationality, membership in a certain social group, or political opinion. 

Obtaining asylum status allows a person to live and work in the United States, and to apply for permanent resident status a year after asylum is granted.

 

Application must be made within one year of arriving in the United States.  Exceptions may be made allowing later application if conditions in the applicant's home country or his or her personal circumstances have changed, affecting eligibility for asylum, or if extraordinary circumstances prevented the person from applying within the regular one-year period.

 

Even persons who are in the country illegally may apply for asylum. If the applicant is not eligible for asylum and is in the United States illegally, he or she may be placed in removal proceedings, which could lead to deportation. 

 

The lawyers at the Greenbelt Maryland office of The Tachi Law Firm will assist you in the filing of your asylum application, appeals from the decision of the Immigration Judge with the Board of Immigration Appeals (BIA), Motions to Reopen and representation before the Federal Circuit Court.

 



 

Do you have questions on immigration to the United States or do you want to make an appointment in this area?

Call us at 301-982-3434 or use our contact form.