Green Cards (Family, Investment, Employment), Student Visitor Visas, Business Visitor Visas, Work Visas, we also handle Adjustment of Status, Waivers, and Extensions of Status, call us today we can help!
Often people who migrate to the United States become frustrated with the immigration process, Arlene M. Vellón an immigration attorney, will guide you through the process with a focus on the issues. Whether it is to become a Citizen of the United States, avoid deportation, obtain permanent residency or nonimmigrant visas, Andrade and Vellón, P.A. will help you reach your goals.
Permanent Residence – Family
For many immigrants, obtaining Legal Permanent Resident in the United States is their goal. One option is to have a family member who is a Citizen of the United States sponsor an immigrant petition.
There are a limited number of family based visas available each year and Attorney Arlene Vellón can review your case, file your petitions and provide an evaluation of your case outcome.
Permanent Residence – Employment
Each year, a limited number of employment based visas for permanent residence are made available by the U.S. Citizenship and Immigration Services. In this highly competitive class, having the best legal advise can help move your case along to success.
What is the DREAM Act?
The DREAM Act proposes to grant legal permanent resident status to some undocumented aliens who qualify. Its full title is the Development, Relief, and Education of Alien Minors Act. Among other provisions, the DREAM Act would allow undocumented citizens to receive education, obtain educational financial aid, work, and join the military in the U.S.
The DREAM Act has not yet been approved as law. It was originally proposed in 2001, rejected in 2010, and reintroduced to the legislature in 2011. It is still currently under debate, as many feel that the Act supports illegal immigration into the U.S.
It is important to have proper legal advise to achieve success.
The L Non-immigrant Visa Category is utilized for international companies needing to bring foreign employees to the U.S.
- An alien may be admitted to the U.S. in L-1 status for the period of time required by the employer, up to a maximum initial period of stay of 3 years.
- L-1 extensions may be authorized in increments of up to 2 years.
- The total period of stay may reach 7 years for L-1A managers and executives, and 5 years for L-1B specialized knowledge personnel.
- Once the maximum period of stay in L-1A or L-1B has been reached, no further extensions may be granted.
Requirements for the L Visa
- Employee must have completed one continuous year of employment outside of the U.S. with the overseas company within the preceding 3 years before he or she can be transferred to the related U.S. company. A 2002 amendment reduced the 1 year employment requirement for L-1’s coming in under blanket petitions to 6 months.
- To satisfy the 1 year employment abroad requirement, the foreign company MUST have employed the L-1 beneficiary directly, as an employee of the company. As a result an independent contractor who performed services for a foreign affiliate does NOT satisfy the 1 year employment abroad requirement even if the contractor’s employment was totally controlled by the affiliate and the contractor did not work for any other entity.
- The overseas company must be related to the U.S. company in a specific manner.
- The company MUST be the same employer or a subsidiary or affiliate of the U.S. company.
- The company must be a qualifying organization, i.e., one that is doing business in the U.S. and one other country during the whole period of the transfer. The overseas operation can be carried out in any of the acceptable corporate forms-parent, subsidiary, affiliate, or branch office. The L-1 beneficiary must maintain his or her status in the U.S. even if the beneficiary’s original foreign employer no longer exists, provided he or she continues to be employed by a qualifying organization.
- The employee to be transferred must have been employed abroad in an executive or managerial position or a position involving specialized knowledge.
- The employee must be coming to the U.S. company to work in an executive, managerial, or specialized knowledge capacity.
- The employee must be qualified for the position by virtue of his or her prior education and experience.
- The L-1 alien must intend the depart the U.S. upon completion of his or her authorized stay (including extensions), but may also pursue permanent residence at the same time.
- Papers must be accompanied by evidence that the employee will not remain indefinitely or permanently in this country.
- An L-1 nonimmigrant must depart the U.S. by the date listed on the I-94 issued to the alien upon admission to the U.S. or after approval of an extension or change of status application. The exception to this rule is when the alien’s employment is terminated prior to the date listed on the I-94.
- There are special requirements applicable to Canadian and Mexican intracompany transferees under NAFTA.
The term prosecutorial discretion is commonly used to describe the wide latitude that prosecutors have in determining when, whom, how, and even whether to prosecute apparent violations of the law. The Immigration and Naturalization Service (INS) and, later, the Department of Homeland Security (DHS) and its components have historically described themselves as exercising prosecutorial discretion in immigration enforcement. Some commentators have recently challenged this characterization on the grounds that DHS enforces primarily civil violations, and some of its components cannot be said to engage in “law enforcement,” as that term is conventionally understood. However, even agencies that do not prosecute or engage in law enforcement have been recognized as having discretion (sometimes referred to as enforcement discretion ) in determining whether to enforce particular violations. Federal regulation of immigration is commonly said to arise from various powers enumerated in the Constitution (e.g., naturalization, commerce), as well as the federal government’s inherent power to control and conduct foreign relations. Some, although not all, of these powers belong exclusively to Congress, and courts have sometimes described Congress as having “plenary power” over immigration. However, few courts or commentators have addressed the separation of powers between Congress and the President in the field of immigration, and the executive has sometimes been said to share plenary power over immigration with Congress as one of the “political branches.” Moreover, the authority to exercise prosecutorial or enforcement discretion has traditionally been understood to arise from the Constitution, not from any congressional delegation of power.