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630-932-9100
Free Initial Consultation | Se habla español 630-932-9100
Mevorah Law Offices LLC
630-932-9100
DuPage County Attorneys

LOMBARD

900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100

BLOOMINGDALE

134 N. Bloomingdale Road, Bloomingdale, IL 60108

Phone: 630-529-4761

CHICAGO

105 W. Madison Street, Suite 2200, Chicago, IL 60602

Phone: 630-932-9100

NAPERVILLE

1730 Park Street, Suite 202, Naperville, IL 60563

Phone: 630-420-1000
Subscribe to this list via RSS Blog posts tagged in visa application

IL immigration lawyerA visa is a permit to travel to, enter, and remain in the United States. A person wishing to enter the United States must meet several requirements before being allowed to enter. Under U.S. immigration law, the intended purpose of the applicant’s travel will determine what type of visa is required. There are two main categories of U.S. visas. A Nonimmigrant visa is for temporary visits such as for vacation, business, family, or studying. An Immigrant visa is for people who wish to immigrate to the United States and live here. The process of applying for and receiving an immigration visa can be complex, so it is important to understand which kind applies to your situation.

Nonimmigrant Visa

Nonimmigrant visas need to be obtained for a variety of reasons, but they are always for temporary stays or visits. Many people all over the world like to travel to other countries, and the United States is a popular destination. In other cases, foreigners come here to do business with a U.S-based company, or even to work on a project for a certain period of time.

Another reason for a nonimmigrant visa is to visit family who live in the States. This applies to situations in which a family member might be ill, and a relative wants to come to help care for him or her. Student visas are for anyone who is enrolled at a reputable educational institution in the United States. These visas do not require the student to obtain citizenship. Other examples of nonimmigrants who need visas to travel to the United States include athletes, nannies, actors, and media journalists, to name a few.

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Chicago immigration attorney, Legal Immigration Family Equity Act, LIFE ActUnited States immigration law is an extremely diverse and complex body of regulations that changes without warning. It is understandable that some visa or green card applicants might conceivably be left without options if their circumstances abruptly change. To help those that might be caught in this kind of situation, Congress passed the Legal Immigration Family Equity Act (LIFE Act) in 2000. While it may not fit the facts of your situation, it is worth investigating to see if it might.

Passage & Criteria

The LIFE Act was signed into law in December 2000, and its provisions allow some who might normally be ineligible to apply for a green card (referred to in official documents as lawful permanent resident or LPR status) to do so if the appropriate petition or labor certification has been filed for them before April 30, 2001. While this may seem outdated or irrelevant, in reality it still has quite a bit of relevance for potential immigrants from specific countries. For example, the priority date (the number that must come up before your visa may be granted) for certain categories of immigrants from India or Mexico is still listed as being in the 1990s—in other words, the queue to obtain a U.S. visa or green card is more than 20 years long.

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Chicago immigration attorneys, H1B and L employersSometimes, in haste to help a valued employee relocate between branches or to begin a new job in a new country, employers can be a little too zealous in their application for that worker’s visa. Whether by mistake or by design, there are numerous small errors often made by employers in trying to get their workers into the United States. Therefore, it is important that employers be aware of these mistakes.

Making the Foreign National Pay Costs

Employers are prohibited under Department of Labor (DoL) regulations from making the prospective foreign worker pay any costs associated with his or her visa application.

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Posted on in Immigration

Chicago immigration attorneys, employment-based immigration, family-based immigration, family-based petitions, Mevorah Law Offices LLC, visa, visa quotas, visasThe word ‘quota’ has an ugly past, especially in the context of visas. In years past it was used as a bludgeon with which to deny safety to people in need. Today, there are more exceptions and protections for those truly in need, while visa quotas are reserved for those not in immediate danger. Still, there is a lot of misinformation about how the yearly caps work. If you are planning to apply for certain categories of visas, you must understand how the quota works lest you inadvertently disqualify yourself.

Family-Based Immigration

There are two classifications for visas available to those attempting to immigrate via a family-based petition. The first is for immediate relatives of U.S. citizens such as parents, children and spouses. There is no quota limit in force in this category. The second is for what are called preference categories—non-immediate relatives or people who are the wrong age to apply themselves (such as the child of a non-immigrant visa holder who is in the process of adjusting status).

For the second classification, the Immigration and Nationality Act (INA) allows 226,000 family-based visas to be granted per year. However, it is important to note that this is a minimum, not a maximum. The statutory wording refers to “at least” that amount being issued. The number actually issued each year varies. It is arrived at by subtracting the number of immediate relative visas and paroled immigrants from 480,000, and adding the number of unused employment preference visas.

Congress attempts to seek balance in nationality and also relationship to ensure that not too many of one category are permitted entry in any one year. Per-country ceilings are established under the INA that mandate that any given country may not exceed 7 percent of the number of permanent immigrants in a given year. This is not to restrict solely for restriction’s sake, but to ensure that no country dominates the number of visas granted each year. Such a thing would become a fairness issue.

There are four categories of preference for family-based petitions. They are:

    • F-1: Unmarried children of U.S. citizens (and their dependents);

    • F-2: Spouses and unmarried children of green card holders;

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Posted on in Immigration

cutoff date, DuPage County immigration attorneys, Mevorah Law Offices LLC, priority date, green card, visa application, green card applicationIf you are interested in emigrating permanently to the United States, there are certain actions you must take. You must file a petition with all of the appropriate supporting documentation, including proof of identification. However, even after you have submitted your information and received a favorable outcome, you may still have to wait before your petition can be granted. Only so many green cards can be issued in any given year, and in order to keep track, a system of dates has been created. It can be confusing, and sometimes an expert’s assistance is a boon.

Preference Categories

Immigrant visas for immediate relatives of U.S. citizens are always unlimited. But if you are not a spouse, parent, or minor child of a U.S. citizen, your petition likely falls into what United States Citizenship and Immigration Services (USCIS) calls a preference category. Preference categories are capped at 226,000 visas or green cards per year (not per category). Because of this cap, individuals who apply for a visa generally will not receive it within the same year.

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Whether you are going through a divorce, injured in an accident, need to file a workers' compensation claim, charged with a crime, immigrating to the United States, or need to file for bankruptcy, Mevorah Law Offices LLC can help. Our trial lawyers have over 40 years of experience helping clients throughout Northern Illinois from four offices in Lombard, Bloomindale, Naperville, St. Charles, and Chicago.

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