Immigration
With South Florida being a hub for all things international and 23% of Floridians born outside the United States, it is no surprise that so many of us fall in love with foreign nationals. With their charming accents, bronze skin, and international flair, it is easy to see why so many Americans fall under their spell. So what happens when you fall in love with a sexy foreigner?
Most people who have entered the U.S. lawfully on a visa or the ESTA Visa Waiver Program are eligible to file for their green cards through adjustment of status in the U.S. based on marriage to their U.S. citizen spouse. For those who entered the U.S. illegally through the border or in certain visa statuses, as well as those with prior immigration or criminal violations, the process can become much more complicated, often requiring a waiver of ineligibility.
Even the most straight-forward marriage-based immigration cases can go terribly wrong. Any couple, including ones that have been together for years, often have inconsistencies in their testimony during their immigration interview. These inconsistencies can lead to green card denials and accusations of marriage fraud.
Take the example of couples competing on a “newlyweds” show. Obviously, these are real couples who believe they know each other well enough to win these competitions. But as we all know, these couples get multiple answers wrong during the course of the newlyweds’ competition. Now imagine being separated from your spouse and interrogated for 1-2 hours with hundreds of questions about the most intimate details of your life. This is what occurs during a “Stokes” separation marriage interview. USCIS frequently denies cases where a couple has 10 or less inconsistencies out of more than 100 questions! This is why it is so important to hire a lawyer to prepare a couple properly for their marriage interview and to be present at the marriage interview to ensure the officer follows the law and does not ask inappropriate questions.
Many people want to save money by filing their own immigration cases without the help of a qualified immigration attorney, but often this can lead to paying even more money if the case goes wrong and the couple is faced with a potential denial. This happens frequently when immigrants attempt to navigate immigration laws alone; the immigration officers often intimidate them and push them around as they are vulnerable without attorney representation.
Apart from my legal knowledge and experience of immigration law, I have also personally experienced the immigration process first-hand as the United States’ citizen petitioner for my husband, Dylan, a native of South Africa. As someone who has lived through my own marriage interview before USCIS, I know how stressful the immigration process can be even when you have nothing to hide. I bring this personal experience to my representation of each and every client, understanding the emotional aspect of the immigration process when it concerns a loved one.
When we prepare a case, we ensure that all immigration paperwork is completed meticulously to eliminate inconsistencies that may lead to denials. We guide our clients step-by-step through the process—from obtaining their driver’s license, work permit and social security card to preparing for all the questions that may be asked at the marriage interview. Not only does hiring a lawyer increase your chances of a smooth immigration process and approval of your case, hiring a lawyer is well worth it for the peace of mind alone. This is especially true under the current administration where every USCIS application is scrutinized and where lengthy new forms are designed to create inconsistencies and ineligiblilities in your case. Call our office now to set up an appointment with our Board Certified Immigration Attorney.
MARRIAGE-BASED RESIDENCY
we have worked with hundreds of couples in applying for permanent residency (“green card” status) for the foreign national based on his or her marriage to a U.S. citizen or resident. We work with individuals in the United States to apply for adjustment of status to lawful permanent resident before USCIS. We also assist married couples with obtaining residency, called an immigrant visa, through the various U.S. Consulates abroad. She prepares each couple for their marriage interview before USCIS and attends all marriage interviews with her clients in the United States.
We have experienced the marriage process first hand as the U.S. citizen petitioner for her husband, a native and citizen of South Africa. We understand how stressful the immigration process can be for a couple and strives to make the process as smooth and easy as possible for all of her clients. She specializes in marriage petitions for same-sex couples.
K-1 FIANCE(E) VISAS
A United States citizen may apply for a fiance(e) visa on behalf of his or her partner abroad. Lawful permanent residents cannot file fiance visas on behalf of their partners outside the U.S.
The fiance visa process requires that you have met or visited your future spouse in person within the past two years and that you demonstrate proof of a good faith relationship, such as photographs, wire transfers, phone/Skype records, e-mails, joint travel itineraries etc. The United States citizen files a petition (known as Form I-129F) in the United States with USCIS which is normally adjudicated within 5-7 months. The approved I-129F petition is then sent to the local consulate with jurisdiction over the fiance for an interview and issuance of the K-1 fiance visa.The couple must then marry within 90 days of the entry on the fiance visa.
We have helped countless couples obtain fiance(e) visas through their home consulates.
we handle all types of employment-based immigrant and nonimmigrant visa petitions. We help individuals seeking to work in the U.S. as well as companies seeking to employ foreign workers with work visas and employment-based petitions in the Miami and Fort Lauderdale areas and throughout the U.S. Our firm has experience in filing the following types of nonimmigrant visas: E-2 investor visas; F-1 student visas; H-1B professional visas; J-1 trainee and intern visas, L-1 visas for multi-national executives or managers; M-1 vocational student visas; O-1 visas for aliens of extraordinary ability; P-1 visas for athletes of international recognition; P-3 cultural performers; Q visas for cultural exchange programs, and R-1 visas for religious workers. Our law firm also assists individuals in applying for permanent residency through his or her employer by filing a labor certification, a national interest waiver, or as multinational executives and managers.
Additionally, our office has vast experience in filing applications for permanent residency as an alien of extraordinary ability in the Arts, Athletics, Science or Business, known as an EB1-1 immigrant visa petition. This residency category does not require a U.S. employer as a sponsor and permits the foreign national to self-petition. We have obtained permanent residency for dozens of talented aliens with occupations such as musicians, artists,fashion designers, actors, sculptors, writers, creative directors, racecar drivers, tennis players, and doctors/researchers.
Some of the most common types of nonimmigrant employment-based visa petitions are described in detail below:
L-1 VISAS FOR MULTI-NATIONAL EXECUTIVES AND MANAGERS
The L-1 visa was established to allow multinational executives, managers and employees with specialized knowledge of foreign corporations to work for U.S. subsidiaries and affiliates for up to seven (7) years. During the time the individual is in L-1 status, he or she is allowed to travel in and out of the country without limitation.
In cases involving new offices in the U.S., a special one-year initial period of stay applies. At the end of the one year period, the company must prove that it continues to do business in the U.S. and abroad, in order to request an extension of stay for the executive or manager.
L-1 visas are very popular among foreign nationals as they are “dual intent” visas and often pave the way for foreigners to seek permanent residency in the EB1-3 category as a successful multi-national executive or manager. The foreign national must have been employed by the foreign company abroad for at least one year out of the past three years in a managerial or executive capacity to be eligible for an L-1 visa.
L-1 petitions are filed by the U.S. corporation (“the Petitioner”) on behalf of the individual seeking the visa. The petitioning company must prove the following:
- That the foreign company is operating abroad (typically involves showing that is has been doing business, i.e., holding goods and/or services for sale).
- That the U.S. company is not merely a shelf corporation but is active, conducting substantial business, and truly needs an executive or manager.
- That there is “qualifying relationship” between the U.S. and foreign company.
- The qualifying relationship can be one of the following as defined by the regulations:
Affiliate: owned by same entity/individual in approximately same percentage
Parent/Subsidiary: U.S. company owned directly by the foreign parent company
- The Qualifying Relationship must be documented by stock/share certificates, operating agreements, etc. which must be translated from the foreign language before submission to USCIS.
- That the applicant was employed abroad full-time for one continuous year in last three years at the foreign company in a managerial or executive capacity.
- That the applicant will be employed in a managerial or executive capacity at the U.S. petitioning company.
The U.S. company files the I-129 petition with the USCIS office serving the company’s principal place of business. The foreign national may choose either to apply for the visa at the U.S. consulate with jurisdiction over his/her place of residence or to change status in the United States.
Spouses and children of any nationality may receive derivative L visas in order to accompany the principal alien. They may attend school. Spouses may obtain permission to work in the United States.
E-2 INVESTOR VISAS
The Immigration & Nationality Act provides nonimmigrant visa status to nationals of any of the countries with which the United States maintains an appropriate treaty of commerce and navigation, who is coming to the United States to carry on substantial trade, including trade in services or technology, principally between the United States and the treaty country, or to develop and direct the operations of an enterprise in which the national has invested, or is actively in the process of investing a substantial amount of capital.
Countries with E-2 Visa Treaties
Albania, Argentina, Aruba, Australia, Bangladesh, Belgium, Bosnia & Herzegovina, Bulgaria, Cameroon, Canada, China (Taiwan), Colombia, Congo, Costa Rica, Croatia, Czech Rep, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Germany, Georgia, Gibraltar, Grenada, Honduras, Iran, Ireland, Italy, Jamaica, Japan, Kazakhstan, Korea, Kyrgyzstan, Latvia, Liberia, Luxembourg, Macedonia, Mexico, Moldavia, Mongolia, Morocco, Netherlands Antilles, Panama, Poland, Romania, Senegal, Serbia, Montenegro, Slovakia, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom, Western Sahara and Zaire. Please note that Israel is in the process of becoming an E-2 country.
Qualifications for E-2 Visa
A person may be issued an E-2 Treaty Investor visa if:
- The individual or firm has the nationality of the treaty country (at least half of the company must be owned by nationals of the treaty country);
- The individual or the company is in the process of making a substantial investment (generally a minimum of $100,000 USD at risk) in a business in the United States. The investment must be sufficient to ensure the successful operation of the enterprise. The percentage of investment required for a low-cost business enterprise is generally higher than the percentage of investment required for a high-cost enterprise.
- The investment must be a real operating enterprise. Speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment.
- The investment may not be marginal. It must generate significantly more income than just to provide a living to the investor or the family, or it must have a significant economic impact in the United States.
- The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed.
- The individual is either the principal investor, who will develop and direct the enterprise, or an executive, manager or employee with special skills essential to the company. Ordinary skilled or unskilled workers do not qualify.
The duration of an E visa depends on the reciprocity schedule of the treaty country. They are generally issued for a period of between two and five years. Extensions of stay in the United States may be granted as long as eligibility continues and the treaty remains in force. At the border, E visa holders are admitted to the United States for two years. Extensions of stay in the United State may be granted for up to two years at a time from the appropriate regional service center. An E visa can be reissued for an additional period of time at the home Consulate
Spouses and children of any nationality may receive derivative E visas in order to accompany the principal alien. They may attend school. Spouses may obtain permission to work in the United States.
H-1B SPECIALTY OCCUPATION VISAS
H-1B visas are one of the most popular visas for working in the United States. An H-1B visa requires a job offer from a U.S. company to work in a specialty occupation, an occupation which normally requires a minimum of Bachelor’s degree to perform its duties. To be eligible for an H-1B visa, the foreign national must have a Bachelor’s degree or its equivalent in a specialty field. The job offered must be related to the degree the foreign national has. The employer must be willing to pay the “prevailing wage” set by the Department of Labor for that occupation in the area of employment.
A company may file an H-1B visa for a foreign employee beginning on April 1st of each year for employment to begin on October 1st of that same year. H-1B visas have a statutory cap on the number of visas issued each year, although there are a number of visas specially set aside for individuals which have U.S. Master’s degrees as opposed to the general Bachelor degree cap. In 2013-2016, the statutory cap for H-1B visas in the Bachelor’s degree category was reached on the first day of filing and there was a competive lottery for H-1B numbers. This is why it is crucial that employers work with a qualified immigration attorney far in advance of the April 1st filing date so that all paperwork is complete and ready to be filed on the day the cap opens.
Our office works with employers and employees to ensure that the position offered meets the definition of a “specialty occupation,” and that all other H-1B requirements are met. H-1B visas are inItially issued for three (3) years and may be renewed for an additional three (3) years.
O-1 VISA AND EB-11 EXTRAORDINARY ABILITY GREEN CARDS
The O-1 nonimmigrant visa category requires the Petitioner to establish that the artist is “prominent in his or her field of endeavor”. Prominence means “distinction” in the field. Distinction is defined as a high level of achievement in the field of art, as evidenced by a degree of skill and recognition substantially above that ordinarily encountered. O-1 visas can be issued for up to 3 year increments and can be renewed. O-1 visas require a U.S. sponsor to file the petition with USCIS.
For the extraordinary ability green card, the applicant must prove that he or she is one of the small percentage who have risen to the very top of his or her field. He or she must be one of the best in his or her industry in the home country or throughout the world. Individuals can demonstrate they have extraordinary ability in the Arts, Athletics, Business, or Science.
These cases can be evidenced by meeting at least three (3) of the following criteria:
- Published Materials about the Alien
- Receipt of Prizes/Awards in the field
- Critical roles for distinguished organizations
- High salary in comparison to others in the field
- Original or unique contributions to the field
- Authorship of scholarly articles in the field
- Recognition from experts in the field
- Record of commercial success in the field
- Judging the work of others in the field
- Membership in organizations which require high achievements
EXPERIENCED ATTORNEYS FOR EB-5 INVESTORS
If you are looking to invest in the United States through the EB-5 green card program, our attorneys are here to help. Our attorneys have more than 15 years combined experience in the field of EB-5 investor green cards.
we work in our EB-5 department and have vast experience in the field of EB-5 law, working with investors on direct and indirect EB-5 filings as well as with Regional Centers and developers. This inside knowledge allows her to understand all aspects of the EB-5 program from every angle, giving her the ability to provide the best EB-5 legal counsel in Florida.
we bring unique EB-5 insight to the firm having worked as the litigation associate at the law firm of the nation’s best EB-5 litigator, we assisted in the management and legal representation of the Chang v. U.S. class action lawsuit, one of the most important EB-5 cases in U.S. history. we also worked as a litigator on several other important EB-5 federal courts cases which have given our knowledge in the field which few attorneys have. Our attorneys have years of experience in EB-5 immigration law and have filed hundreds of I-526 and I-829 EB-5 investor petitions.
WHAT IS THE EB-5 INVESTOR GREEN CARD PROGRAM?
EB-5 investor visa green card process is an American government immigration program that allows foreign nationals to obtain permanent residency (Green Card) in the United States when they make a qualifying investment of $500,000 to $1,000,000 in a business that generates a minimum of 10 full time jobs.
Investors can qualify for an EB-5 visa by establishing and operating their own business that will employ 1o workers or by investing into a Regional Center – an entity that develops a project and creates jobs, thus relieving the investor from those duties. Investors must show that the investment funds were derived legally. EB-5 visas are issue to the investor as well as his spouse and unmarried children under 21 years of age.
Currently EB-5 investor visa is one of the fastest paths to a Green Card. On average, investors may expect to become permanent residents within a year to two years. EB-5 investor visas are available to citizens of all countries and investors are not required to manage or operate the business themselves.
EB-5 Investor Visa Requirements:
Creation of 10 Full Time Jobs
Minimum Investment of $500,000
Legal Source of Funds
General Immigrant Eligibility
Job Creation
An investment must create 10 full-time jobs per each investor. There are three ways to satisfy a job creation requirement:
1. Establishing a new business venture, which will generate 10 new jobs;
2. Investing into a failing business and preserving/saving jobs that would have been lost, but-for the investment;
3. Expanding an existing business and creating 10 additional job positions.
Investment Amount $500,000 or $1,000,000
The minimum investment amount requirement depends on the location of the projects.
If the project is located in a Targeted Employment Area (TEA), the minimum investment requirement is reduced to $500,000. If the project is located outside of a TEA zone, the minimum investment amount is $1,000,000.
A Targeted Employment Area (TEA) is either a rural area or an area where the unemployment rate is 1.5 times higher than the national average. Most EB-5 projects are located in TEA zones.
Legal Source of Funds
Investors must submit documentation to demonstrate that the investment funds were obtained legally. Typically the source of funds can be demonstrated by paystubs, tax returns, contracts for sale of real property or assets. Gifts from family members or friends may also be considered as a legal source of funds. Loans or credits can be used for an EB-5 investment, as long as they are not secured by the assets of the EB-5 project.
Investment Must be at Risk
One of the requirements of the program is that the investment cannot be absolutely guaranteed, it must be subject to a business risk. Therefore an investment into government bonds or other guaranteed securities does not qualify for an EB-5 investor visa.
General Immigration Requirements
Potential EB-5 visa recipient must be eligible to be a United States immigrant (medical exam, criminal background check, etc.)
EB-5 Process
It takes about two months to select a project and to gather all the necessary documents for an EB-5 visa petition – Form I-526. After the I-526 petition is submitted, it is processed by the United States Citizenship and Immigration Services (USCIS). A review of an I-526 petition can take anywhere from 15 to 20 months. There is no premium (expedited) processing available for I-526 petitions.
Once the I-526 petition is approved, the investor and his/her family will receive conditional Green Cards, which gives them a right to live and work on the territory of the United States and to enjoy all the benefits available to permanent residents for a period of two years. Twenty-one months after the receipt of the initial, conditional Green Card, the investor must file an I-829 petition to remove conditions. The I-829 petition must include evidence showing that the investor did not withdraw his investment and that the project was completed or has made substantial progress towards job creation.