Immigration Lawyer In Chicago
The United States immigration law establishes who is and is not allowed to enter the country. It also determines how long someone can be in the country and whether or not they are allowed to work or go to school during their stay. The U.S. Citizenship and Immigration Services (USCIS) is an agency that oversees the nation’s naturalization and immigration process. It is one of the three components of the U.S. Department of Homeland Security along with Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP).
It is important to decide whether or not the immigrating partner will want to enter the country with a spousal visa, or a fiance visa. For some couples, it makes more sense to get ahead and get married to then apply for a spousal visa. However, it’s really a personal choice between you and your partner, and you may have big plans that are too difficult to move. In that case, this is an alternative route to the spousal visa.
A fiance visa, or K-1 visa, can be issued to the engaged partner of a U.S. citizen. The important thing to remember here is that you have 90 days to get married once you arrive in the United States. Upon arriving here, the spouse who is immigrating will be able to apply for a green card.
Treaty Trader and Treaty Investor Visas were an effort to make it easier for foreign business leaders to conduct business in the United States. These visas are not available to every country on the globe, so they are indeed very special. A lot of work on behalf of the foreign countries has gone into developing the necessary relationship with the U.S. to allow their citizens to be able to own a business in the U.S. These companies can bring new jobs in specialized fields that can benefit the U.S. and the home country.
You may qualify to apply for an E visa if you are a treaty trader or an investor if you will be traveling to the United States under a treaty of commerce and navigation between your home country and the U.S. Note, however, that E visas are non-immigrant visas. The purpose of these visas is to conduct business and not for citizens of other countries to move to the U.S. They are temporary, not permanent visas. Other individuals who can also apply for E visas include spouses and children under age 21 of the Treaty Trader or Treaty Investor or the children of their employees, can also receive E visas so they can be with their parents.
A U.S. consulate or embassy overseas must have issued your E-1, E-2, or E-3 visa before you arrive in the country. However, the U.S. company you are working with can request a change of status once you have arrived. The application will be processed by USCIS to see if a change of status or an extension of stay will be granted. E Visas, otherwise known as Treaty Trader Visas (E-1) or Treaty Investor Visas (E-2), are for foreign nationals from certain countries that have a treaty of friendship, commerce or navigation with the U.S. In order to qualify for one of these visas, you must be traveling to the United States for one of these two purposes:
You plan on carrying out a substantial trade between the U.S. and one of the treaty countries
You plan to work in the U.S. in the development and leading of an enterprise in which you are invested
In order for your status to be changed, you have to meet certain requirements according to U.S. immigration laws and regulations. If you wish to remain indefinitely in the United States must apply for an immigrant visa. Once you have left the United States, you will need another E visa in order to return and continue conducting your business.
Family Immigration Law
The Immigration and Nationality Act (INA) caps how many families are allowed to move to the United States per year. The person who wants to sponsor the family is the petitioner, and they must be a U.S. citizen or lawful permanent resident. In order to immigrate, the beneficiary must be an immediate family member or fall within a family preference category. These categories include:
Family First Preference (F1): The unmarried daughters and sons of U.S. citizens, as well as their minor children if they have any. This is capped at 23,400 per year.
Family Second Preference (F2): This includes the spouse and children (under age 21) of the sponsor. Note that married children and their children receive preference in this category over unmarried sons and daughters. This is limited to 114,200 per year.
Family Third Preference (F3): This includes the married adult children of the sponsor, as well as their spouses and children who are minors. This is capped at 23,400 families per year.
Family Fourth Preference (F4): The siblings of U.S. citizens, and their spouses and their minor children may apply in this category as long as the sponsor is at least 21 years of age. This is limited to 65,000 families per year.
At Ray Law International, we understand how important it is for families to stay together. We also understand that families have to make quick decisions regarding their safety and their immigration status. We can help you navigate the following types of immigration issues that families may need help with:
Form I-751 waiver: If your spouse is physically and or emotionally abusive and is a U.S. citizen, then you may be able to file a Form I-751 without your spouse. If they are using your immigration status as a way to control you, then this may be your best option. You can also file the Form I-751 if your children or parent(s) are conditional residents and were abused or battered by your U.S. citizen spouse. However, this waiver is only available for conditional residents.
Violence Against Women Act (VAWA Petitions): If you have not received your green card, though, then you cannot file a Form I-751. If you are being abused or battered by your U.S. citizen spouse, or if your abusive spouse is a lawful permanent resident, then you have another option to self-petition. Some victims are afraid that their spouse will use their immigration status against them, but as a victim of domestic violence you can fill out a Form I-360, Petition for Amerasian, Widow(er) or Special Immigrant, without needing to be sponsored by your abusive spouse. Even though the name includes the word “women,” men are also able to self-petition under a Form I-360 waiver.
I-212 Waiver: If you are seeking lawful reentry to the United States after being deported or removed then you can file a Form I-212 Application for Permission to Reapply for Admission After Deportation or Removal. You must file this form while still abroad and remain there until you are legally able to enter. You may file one of these waivers only if you have been found admissible to the United States based on sections 212(a)(9)(A) or 212(a)(9)(C) of the Immigration and Nationality Act (INA). If you are unsure of why you were removed from the United States, then be sure to review the documents given to you during your removal proceedings, as those will list the reason. If you have additional questions, then you need to speak to a Chicago immigration attorney.
How Long Does It Take To Get a Green Card?
In general, processing an employment-based green card takes about one year for visas that are low in demand. They can take up to six years for visas that are higher in demand or have limits. For family visas, the wait can take anywhere from 12 months to a whole decade to have a visa approved. A lot of the delays are often linked to not filling out the proper paperwork, or submitting incomplete applications. This is why it is integral to speak to an attorney immediately upon deciding to visit the United States.
Practicing Immigration Law Right Here In Chicago
Immigration law is federal, since it has to apply to ports of entry all over its borders, and thus you can hire an attorney in the United States. However, you will want to consider hiring one in your local area because there may be state and local immigration laws that apply to you. That is why if you want to visit or move to Chicago, then you should hire an attorney right here.
20 years of experience completing thousands of immigration cases for corporate and individual clients.
. The legal professionals throughout our firm work together as a cohesive team to ensure that clients’ needs are met in a timely and cost-effective manner.
Because we specialize in your goals, we can complete every application step quickly and efficiently so that there are no unnecessary delays. We mean it when we say that you are on the fastest route.
We call you back. Guaranteed. You matter to us. We know that your future, as well as that of your families and company, are affected by the work we do to serve your immigration needs.