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630-932-9100
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Mevorah Law Offices LLC
630-932-9100
DuPage County Attorneys

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Phone: 630-932-9100

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Subscribe to this list via RSS Blog posts tagged in non-immigrant visa

Posted on in Immigration

non-immigrant visa, Chicago immigration attorneys, H1B visa, employment-based immigration, green card applicationsMuch ink has been spilled in recent months regarding the H1B visa, which is an employment-based non-immigrant visa that allows specialized professionals to work in the U.S. if sponsored by the relevant company. The current administration has made it clear that a reduced flow of such visas is a priority and, as such, there is a significant amount of misinformation surrounding the H1B visa as of this writing. If you are in a situation where you may apply for or receive one, it is important to understand the truth.

H1Bs Are Limited

Unlike many other visas, the H1B category is perpetually limited and oversubscribed, with demand far exceeding the cumulative 85,000 visas available each fiscal year. It is specifically limited to “specialty occupations,” the criteria for which is specified in the visa manual. A very small number of H1Bs are exempt from the cap, but not enough to make any substantive difference in the years-long queue.

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b2ap3_thumbnail_immigration-pitfalls-Chicago.jpgIf you have committed a crime, you ought to be aware (or become aware) that your actions have the potential to seriously affect your ability to stay in the United States, especially if you are undocumented or are present on a non-immigrant visa.

Normally, commission of certain crimes can render you deportable from the country, and many will come with a bar—a period of time where you must not re-enter the country.

However, in some cases, this may be avoided by making a deal or pleading guilty to a charge that will not render you deportable. Still, this can be a very complex undertaking.

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Posted on in Immigration

b2ap3_thumbnail_U-Visas-Chicago.jpgMany individuals are unfamiliar with U visas and are unsure about how and why they are awarded. However, if you are unlucky enough to be the victim of a crime, you may be able to apply for one. Moreover, f you consent to help with the prosecution of your attackers, you may be able to remain in the United States even if you entered without inspection. It is important, though, to be aware of the requirements for a U visa before you begin the application process, especially in recent weeks. Given the current flux in the U.S. immigration system, it is not implausible to think that regulations may change in the future.

Restrictions & Requirements

The U visa is granted to victims of certain crimes, such as human trafficking, prostitution, violent assault, domestic violence, and several others. A person generally has a higher likelihood of being granted a U visa if he or she has been the victim of a crime in which he or she suffered severe abuse (mental or physical), but there are a host of crimes for which one may be considered for a visa. The single most important criteria is that you, as a victim, must be willing and able to assist U.S. law enforcement in attempting to prosecute the people who harmed you. The requirements specifically state that you are “helpful, or likely to be helpful” in the prosecution of your attacker.

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Posted on in Immigration

appeals process, application denied, crimes of moral turpitude, DuPage County immigration lawyers, immigrant, non-immigrant visa, visa applicationWhen you file a petition for an immigrant or non-immigrant visa, it goes to the desk of a U.S. consul. The petition may be approved, and it may also be denied. If your petition is denied, it can completely upend your plans, as well as many factors in your life. It is important not to give up hope though, and to do your research into what you need to do to appeal.

Why Petitions Are Denied

There are a host of reasons why visa petitions are denied, but the most common reason is a lack of persuasive evidence showing that the eligibility requirements have been met. In simpler terms, not enough documentation is provided. There are other reasons as well; for example, certain criminal convictions, like crimes of moral turpitude, will almost certainly get your petition denied. Crimes of moral turpitude are crimes which involve intent to cause great bodily harm, defraud or deceive and include fraud, human trafficking, and murder. However, eligibility is the main reason; for a non-immigrant, the consul may be unconvinced that you have ties strong enough to return to your home country, which is a major criteria for the visa to be granted. Or, you may have insufficient evidence of financial support.

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