Immigration
Law Questions
Can I work in the U.S. without a Green Card?
Yes, but only if you must have either a non-immigrant working visa or, in the alternative, an employment authorization card.
If you have a non-immigrant visa that does not allow you to work in the United States, you may still be eligible to get permission to work if you have a particular skill that a prospective employer desires. It is not easy, but an immigration lawyer would be able to assist you or your prospective employer to obtain permission.
If you are a foreign student with an "F" or "M" visa you must ask your school's foreign student advisor about permission to work.
I have a college degree and want to work in the u.s. can I qualify for a work visa?
There is a type of non-immigrant visa known as an "H1-B visa" which allows the temporary employment of aliens in "specialty occupations." A specialty occupation is defined by the INS as an occupation which requires theoretical and practical application for a body of highly specialized knowledge to fully perform the occupation.
The basic requirements are that you have a sponsoring employer, the position offered must require a bachelors degree or higher to perform the job, and you must possess the appropriate academic degree. There is a six (6) year maximum period of stay in the U.S. for H-1B workers. Particularly with the assistance of an immigration lawyer, many professional occupations, such as accountants, engineers, market research analysts, and statisticians can qualify for this type of visa.
Can foreign companies transfer personnel to the u.s. to work for a related company in the u.s.?
Yes. The "L1-A visa" is a nonimmigrant visa category that allows a foreign company to transfer a manager or executive to a U.S. branch, affiliate or subsidiary.
The general requirements are:
- The alien has worked for the foreign company in a managerial or executive capacity for 1 year out of the 3 years immediately preceding the time of application
- The alien must be coming to work for the U.S. branch, affiliate or subsidiary; and
- Both the U.S. and foreign company must continue doing business for the entire period of stay by the alien in L-1A status.
One of the major advantages under the immigration law is that an L-1A manager or executive can apply for a Green Card without having to first go through a lengthy and tedious labor certification. There is a seven (7) year maximum period of stay in the U.S. by L-1A executives or managers.
I am a u.s. citizen, but my spouse is not. Our child was born outside the united states and I want the child to be a u.s. citizen. How do go about it?
If your child was born after November 14, 1986 you will have to be able to demonstrate that you as a U.S. citizen were physically present in the United States for at least 5 years after you attained age 14 prior to the child's birth. Simply obtain and file INS Form N-600, entitled "Application for Certificate of Citizenship".
It may be necessary for the child to actually live in the U.S. for a period of time down the road to avoid losing U.S. citizenship.
Can I live in the U.S. if I buy or start a small business?
Yes, if you can qualify as an E-2 Treaty Investor. That is a non-immigrant visa category that permits a non-citizen investor to start up a new business or to purchase an existing business. The benefits of E-2 status are that the visa category has no maximum periods of stay, the status is renewable indefinitely, and the alien is permitted to work in the U.S.
To qualify you must be a national of one the countries with which the U.S. has a Treaty of Commerce & Navigation. You also must have invested or be actively in the process of investing a "substantial amount of money". While there are no fixed dollar amounts for the investment, as a minimum the investment generally must be in the $50,000 to $300,000 range. The investment must be an active commercial enterprise and you must take an active role in managing and directing the business.
Who gives permission to enter the united states?
The Immigration and Naturalization Service(INS) is a unit of the U.S. Government, Department of Justice, and enforces the immigration laws.
Generally the American Embassy or Consulate in your home country will give you a visa, stamped into your passport, which allows you to enter the U.S. Under the Visa Waiver Pilot Program, tourists from many countries (such as Canada, Japan, New Zealand and most European countries) with a valid passport are allowed to travel in the U.S. without a visa. Such tourists are allowed to stay up to 90 days.
The INS is supposed to keep out aliens who have a criminal history, such as those who have been convicted for crimes such as murder, robbery, rape, forgery, burglary, welfare fraud, tax evasion and drug related problems. Similarly, aliens who are involved in terrorist or sabotage activities are not admitted, nor are aliens who suffer from certain illnesses or communicable diseases.
Aliens who are not able to finance themselves because they don't have sufficient income or resources and could need public assistance are not allowed to enter. The INS also excludes people who obviously are lying about their intentions for coming to the U.S. Commonly visas are denied because of the failure of the applicant to prove that he/she have ties abroad that would compel them to leavethe U.S. at the end of the temporary stay (often called the 214(b) visa refusal).
How can I bring my family or relatives to the united states permanently?
If you are a U.S. citizen, you may sponsor the following relatives to the United States:
(1) your spouse (husband or wife), and
(2) your sons and daughters (regardless of their age and whether or not they are married) and
(3) your parents, brothers and sisters (if you are age 21 or older).
If you are a Green Card holder you may petition for:
(1) your spouse (husband or wife) and
What is the difference between an immigrant visa and a non-immigrant visa?
There are two basic categories of visa, an Immigrant Visa and a Non-Immigrant Visa.
Non-immigrants are aliens who are coming to the United States for a temporary period of time and for a specific purpose.
For example, if you are coming to the U.S. as a temporary visitor for pleasure, under U.S. law you would apply for a "B-2 Visa". If granted, you may come to the U.S. for a temporary period of time and you may only engage in activities consistent with being a visitor, such as sightseeing, visiting friends and relatives. You would not be permitted to enroll in school and study nor would you be allowed to work, as that is not consistent with a B-2 visa. If you are in the U.S. on a Tourist Visa, it is possible to change status to a different category, such as student, assuming you qualify.
Immigrant visas are for aliens who are entering the U.S. with the intention to make the U.S. their permanent residence. Immigrant visas are subject to numerical limitations. That means that each of the immigrant visa categories has a certain number of allotted slots for visas. Once the quota is filled, a "waiting list" is created that will delay your arrival into the U.S.
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