WE ARE UNITED WITH THE IMMIGRANTS

Unity is a law firm dedicated to providing expert legal services for U.S. immigration matters too. We guide clients through every step of the immigration process, from visa applications and green cards to citizenship and asylum claims. Our experienced team is committed to helping you achieve your immigration goals efficiently and effectively.

When a U.S. employer wants to hire a foreign worker and help them become a permanent resident, they must undergo a process known as labor certification. This begins with the employer obtaining labor certification (PERM) by proving to the U.S. Department of Labor (DOL) that there are no qualified American workers available for the job and that the foreign worker will receive fair wages. This step involves extensive paperwork, job market testing, and advertising the position.

After the labor certification is approved, the employer can proceed to the next step by filing an immigrant visa petition (I-140) with U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign worker, a process that usually takes several months.

Finally, if the foreign worker is already in the U.S. and their priority date is current, they can apply for permanent residence (I-485). If they are outside the U.S., the approved petition allows them to apply for a green card at a U.S. consulate in their home country.

Throughout this process, it is important to meet specific requirements and adhere to timelines, as any mistakes can lead to delays or denials. If needed, seeking assistance from an experienced immigration attorney is highly recommended.

First, the employer needs to obtain labor certification (PERM) by proving to the U.S. Department of Labor (DOL) that no qualified American workers are available for the job and that the foreign worker will be paid a fair wage. This step requires extensive paperwork, job market testing, and advertising the position.

Once labor certification is approved, the employer can move to the second step by filing an immigrant visa petition (I-140) with U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign worker. This part of the process usually takes a few months to complete.

Finally, if the foreign worker is already in the U.S. and their priority date is current, they can apply for permanent residence (I-485). If they are outside the U.S., the approved petition allows them to apply for a green card at a U.S. consulate in their home country.

Throughout this process, it's crucial to meet specific requirements and adhere to timelines, as mistakes can lead to delays or denials. If assistance is needed, it's advisable to contact an experienced immigration attorney for guidance.

In simpler terms, when a U.S. employer wants to hire a foreign worker and help them become a permanent resident, they must go through a process called labor certification. 

First, the employer needs to obtain labor certification (PERM) by proving to the U.S. Department of Labor (DOL) that no qualified American workers are available for the job and that the foreign worker will be paid a fair wage. This step requires extensive paperwork, job market testing, and advertising the position.

Once labor certification is approved, the employer can move to the second step by filing an immigrant visa petition (I-140) with U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign worker. This part of the process usually takes a few months to complete.

Finally, if the foreign worker is already in the U.S. and their priority date is current, they can apply for permanent residence (I-485). If they are outside the U.S., the approved petition allows them to apply for a green card at a U.S. consulate in their home country.

Throughout this process, it's crucial to meet specific requirements and adhere to timelines, as mistakes can lead to delays or denials. If assistance is needed, it's advisable to contact an experienced immigration attorney for guidance.

If you're a U.S. employer or a foreign company with ties to the U.S., the L-1 visa program allows you to bring skilled employees to work in the United States. 

To qualify for an L-1 visa, the employee must have worked for the company abroad for at least one year. There are two types of L-1 visas: L-1A for managers and executives, and L-1B for those with specialized knowledge about the company's processes. The employee must have held a managerial, executive, or specialized knowledge role within the past three years. An exception applies if the employee is transferring under a pre-approved blanket L petition, where only six months of foreign company experience is required. Additionally, a U.S. company must be willing to hire the employee for a specialized role.

Specialized knowledge refers to the employee's deep understanding of the company's products, services, research, or other important aspects, especially in international markets. It can also mean having advanced knowledge of the company's processes and procedures.

The L-1 visa process begins with the employer submitting a petition to the appropriate U.S. immigration office. For Canadian employees, they can apply directly at the U.S. border without going through the immigration office. Processing times can vary, typically taking around 3-5 business days at a U.S. consulate and four to eight weeks at the U.S. immigration office.

If the employee wishes to stay longer in the U.S., they can apply for extensions before their current visa expires. Extensions are typically granted in two-year increments, with a maximum of five years for specialized knowledge employees (L-1B) and seven years for managers and executives (L-1A). Employees can continue working for up to 240 days after applying for an extension, provided the application is submitted before the current visa expires, though there may be restrictions on international travel during this time.

For the L-1 visa application, employers need to provide various corporate documents, financial records, and a detailed job description for the employee's position, along with contact information for someone at the company who will handle the paperwork. The employee needs to complete immigration forms, provide passport copies, and offer details about their education, work experience, and any relevant licenses or certifications. Proof of at least one year of employment with the foreign company and reference letters verifying work history are also required. If any documents are not in English, translations should be provided.

This visa program is a valuable tool for businesses that need to bring skilled talent from overseas to work in the U.S.

The TN visa is a special work permit available to Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA), which aims to strengthen economic and trade relationships between these countries. This visa allows qualified professionals from Canada and Mexico to work temporarily in the United States for U.S. or foreign employers in certain professional fields.

To be eligible for a TN visa, you must be a citizen of Canada or Mexico and have a job offer in one of the professions listed in Appendix 1603.D.1 of the USMCA. Most of these professions require at least a Bachelor's degree, though sometimes work experience can be substituted.

The application process varies depending on your nationality. Canadian citizens can apply for TN status at a U.S. border crossing or at pre-flight inspection locations in certain airports. They will need to present a letter from their employer describing the job and provide relevant educational documents. Mexican citizens must apply for a TN visa at a U.S. consulate in Mexico, with similar documentation. Alternatively, a U.S. employer can file a petition with USCIS on behalf of a Mexican applicant.

TN status is initially granted for up to three years, and extensions are available. Extensions must be applied for before the current status expires. Canadian nationals may sometimes extend their status when reentering the U.S., while Mexican nationals must have their visa extended before it expires. During the extension process, work authorization can continue for up to 240 days or until USCIS makes a decision.

Both the employer and the individual applying for TN status must provide various supporting documents, including proof of citizenship, educational credentials, work history, and financial information about the employer.

In summary, the TN visa enables Canadian and Mexican professionals to work temporarily in the U.S. To qualify, you need a job offer in a specific profession and must submit the required documentation. Extensions are possible but should be filed before your current status expires.

The process of bringing family members to the United States and securing Green Cards for spouses, children, parents, and siblings involves specific rules and steps under the Immigration and Nationality Act (INA). These rules categorize family-based immigrants based on their relationship with the U.S. citizen or permanent resident.

Immediate relatives, including spouses, parents, and children under 21 of U.S. citizens, are processed more quickly. The first preference category includes unmarried sons and daughters of U.S. citizens. The second preference group covers the spouses, minor children, and unmarried sons and daughters (21 and older) of permanent residents. The third preference is for married sons and daughters of U.S. citizens, while the fourth preference is for the brothers and sisters of U.S. citizens.

To help a family member immigrate, the first step is to file a petition with U.S. Citizenship and Immigration Services (USCIS). If you're a U.S. citizen petitioning for a sibling or parent, you must be 21 or older. You can file for a spouse at a younger age in certain circumstances, but you must be 18 to meet the financial support requirement.

Once USCIS approves the petition, the next steps depend on whether the family member is inside or outside the U.S. If they're outside, the National Visa Center of the Department of State will begin processing the paperwork and may request additional documents. Spouses and minor unmarried children of the visa applicant may also receive immigrant visas and might need to submit more paperwork.

After all documents are processed, the National Visa Center coordinates with the U.S. embassy in the immigrant's home country to schedule a visa or Green Card interview. This interview takes place at the embassy or consulate. If the applicant is already in the U.S. and eligible for adjustment of status, they might not need to leave the country to obtain a Green Card. If they qualify for an immigrant visa, the Embassy Officer will approve the visa during the interview.

Certain factors, such as a history of criminal activity, immigration fraud, visa overstays, or previous deportations, may make an applicant ineligible for a visa. If the visa is approved, the applicant will receive documents to present to Customs and Border Patrol upon arrival in the U.S. The Green Card will arrive by mail a few weeks later. This process can become complicated, so it's advisable to consult with an experienced immigration attorney to avoid delays or issues specific to your case.

Additionally, if you're in the U.S. and have experienced abuse from a U.S. citizen family member, the Violence Against Women Act may provide immigration assistance.

The K-1 Visa is designed for individuals who wish to come to the United States to marry a U.S. citizen. Unlike a tourist visa, which doesn’t allow for permanent residency, the K-1 visa is intended to help those engaged to U.S. citizens relocate from their home country to the U.S.

To be eligible for a K-1 visa, you must be legally able to marry at the time of application, both for yourself and the U.S. citizen sponsoring you. You must also have no disqualifying factors that would prevent you from entering the U.S. Additionally, you need to plan to marry your U.S. citizen fiancé(e) within 90 days of arriving in the U.S., and you must have met your fiancé(e) in person at least once in the two years before applying, with some exceptions. If you have children, they may also qualify for K-2 visas.

Once you arrive in the U.S. on a K-1 visa and get married, you’ll need to apply for a "Green Card" to become a permanent resident through the U.S. Citizenship and Immigration Services (USCIS).

For U.S. citizens engaged to someone from another country, we offer a fast and legal way to bring your fiancé(e) to the U.S., providing expert assistance throughout the process. We give honest advice about any potential challenges and offer clear, upfront pricing. Our attorney will support you until your case is fully resolved.

We have extensive experience dealing with common issues related to K-1 visas, such as denials of previous applications, fraud investigations, situations requiring waivers, cases where meeting the in-person requirement is difficult, handling multiple visa petitions or previous marriages, and resolving issues related to getting married within 90 days of arrival or during the Green Card process after marriage.

If a spouse, child, or parent has been abused by a family member who is a U.S. citizen or permanent resident, they may be eligible for certain immigration benefits under the Violence Against Women Act (VAWA). This law is designed to protect victims of abuse, and it ensures that their privacy and confidentiality are strictly maintained throughout the process.

Eligible individuals can apply for these benefits without the abuser being informed. This provides a way for them to seek protection and gain independence from the abuser without the risk of the abuser finding out.

Eligibility for Abused Spouses: If you are an abused spouse, you can apply if your marriage is still valid or if it ended within the past two years. Additionally, you must have entered the marriage in good faith, possess good moral character, and have lived with your spouse at some point.

Eligibility for Abused Children: Abused children are eligible if they are the child of the abusive citizen or permanent resident and lived with them. They must also have good moral character. Children over 21 but under 25 may still be eligible if the abuse delayed their application.

Eligibility for Abused Parents: Abused parents can apply if they were abused by their U.S. citizen son or daughter or if their child was a victim of abuse by a citizen or resident. They must have lived with their abusive child and have good moral character.

To apply, you need to submit an application and supporting documents to U.S. Citizenship and Immigration Services (USCIS). If your application is accepted, you will receive a Prima Facie Determination Notice, which allows you to access certain public benefits while your immigration application is being processed. If your application is approved, you may also receive permission to work in the U.S., including for any dependent children.

This process is intended to support and protect victims of family abuse while safeguarding their privacy. Importantly, these protections are available to all victims, regardless of gender.

The O-1 visa is designed for individuals who have achieved significant accomplishments in their field, placing them at the top of their profession. With an O-1 visa, you can stay in the U.S. for up to three years, with the possibility of extending it year by year.

To qualify for an O-1 visa, a U.S. employer, U.S. agent, or a foreign employer through a U.S. agent must file the visa application on your behalf. You need to demonstrate to U.S. immigration authorities that you are truly exceptional in your field, which can be proven through awards, publications, patents, references from other experts, and other evidence. Additionally, a "peer group" letter of support from experts in your field is required to back your claim for the O-1 visa.

The processing time for an O-1 visa application typically ranges from 30 to 60 days, though preparing the necessary documents may take longer. If you need to expedite the process, you can opt for "premium processing," which takes 15 business days. If you are applying from outside the U.S., you'll need to visit a U.S. consulate with the approval notice from U.S. immigration authorities.

To extend your O-1 visa, you must apply before your current visa expires, with extensions granted in one-year increments. You need to prove that you continue to be extraordinary in your field and that your employer still requires your services. If you apply for an extension before your visa expires, you can continue working for up to 240 days while your application is processed, although there may be restrictions on international travel during this time.

If you're the employer, you'll need to provide your information, tax ID, financial records, company brochures, job details, and contact information, as well as copies of all employment contracts. As the applicant, you will need to complete immigration forms, provide copies of your passport, I-94 card, documents for immediate family members, resume, diplomas, certificates, and any professional licenses or awards. You must also provide evidence of meeting at least 3 out of the 10 criteria that prove your extraordinary ability, along with contact information for individuals who can offer recommendations and opinions on your work.

The "Extraordinary Ability" category offers a faster path to obtaining a green card for working in the U.S., as it does not require a job offer or labor certification like other categories. However, qualifying for this category is challenging, as you must demonstrate that you are truly exceptional in your field. 

To prove extraordinary ability, you need to present specific evidence that the U.S. Citizenship and Immigration Services (USCIS) will accept. The term "extraordinary ability" signifies that you are among the very best in your field, which is not a claim that everyone can make. You must provide at least three types of proof that you are nationally or internationally recognized and respected in your area of expertise. This evidence can include winning a major internationally recognized award, receiving lesser-known but still respected national or international awards, being a member of professional associations that require outstanding achievements, having your work featured in professional publications or major media, serving as a judge in your field, making significant original contributions, authoring scholarly articles, exhibiting your work, playing a leading role in respected organizations, earning a high salary compared to others in your field, or achieving commercial success in the performing arts. In addition to providing this evidence, you must also show that you will continue to work in your field once you become a permanent resident. This can be demonstrated through letters from potential employers or a personal statement outlining your future work plans.

The evidence you submit should include testimonial evidence, corroborating documents, and a cover letter explaining why you qualify for this category. Testimonial evidence consists of letters from individuals who can speak to your achievements, while corroborating documents provide tangible proof of your accomplishments, such as degree certificates, patents, awards, grant applications, professional memberships, publications, citations, leadership roles, employment history, and honors. It's important to include certified translations for any documents not in English. This process is complex, and providing as much evidence as possible is crucial. USCIS decisions can be unpredictable, so it's important to submit a thorough and convincing application. If you need assistance in gathering the required documents or letters, it's advisable to seek help from experts who are experienced in this process.

Temporary Protected Status (TPS) is a temporary immigration status granted by the U.S. government to individuals from certain countries experiencing emergencies such as war or natural disasters. The purpose of TPS is to protect people from being sent back to dangerous conditions in their home countries.

The Department of Homeland Security (DHS) determines which countries are eligible for TPS. If you receive TPS, you'll also be granted a work permit for a specific period, and in some cases, you may be permitted to travel outside the U.S. temporarily. It's important to keep track of the expiration dates and renewal periods for your TPS, as failing to renew on time could result in losing your status.

TPS provides several key benefits, including protection from deportation while your status is valid, authorization to work legally in the U.S. through an Employment Authorization Document (EAD), and in certain situations, permission to travel outside the U.S. with the ability to return lawfully. Additionally, while you have TPS, you cannot be detained solely based on your immigration status.

To be eligible for TPS, you must be from a designated country, apply during the specified registration periods, or qualify for late filing during extensions of your country's TPS designation. You must have been continuously physically present in the U.S. since the most recent TPS designation date for your country and continuously living in the U.S. since a specified date. Exceptions are allowed for brief, casual, and innocent departures from the U.S.

However, you may not be eligible for TPS if you have been convicted of a felony or two or more misdemeanors in the U.S., are found inadmissible under certain immigration grounds, or have participated in persecuting others or engaged in terrorist activities.

When applying for TPS, you'll need to provide documents that prove your identity, nationality, date of entry into the U.S., and continuous residence in the U.S. These might include your passport, birth certificate with a photo ID, national identity documents from your country, and evidence of your stay in the U.S., such as school records, employment records, or utility bills.

If you believe you may be eligible for TPS, it's advisable to consult with an immigration attorney or legal expert. While TPS does not directly lead to permanent residency, there may be other options available to you.

The U visa is a special visa created by the U.S. Congress under the Victims of Trafficking and Violence Protection Act of 2000. This visa is intended for individuals who have been victims of certain crimes and have experienced physical or mental suffering as a result.

Those who obtain a U visa are allowed to stay in the United States for up to four years and are legally permitted to work. In some cases, they may also be eligible to apply for a green card, which grants permanent residency. However, one important requirement is that the victim must be willing and able to assist law enforcement agencies in investigating the crime.

The U visa offers a way for immigrant victims of crimes to come forward and report their abusers while being protected and allowed to remain in the U.S. If you are in Los Angeles and believe you may qualify for a U visa, there are specialized lawyers available to help assess your situation and guide you through the process to ensure your safety and ability to stay in the country.

It's important to note that the U.S. government issues a maximum of 10,000 U visas each year. Once this limit is reached, some applicants may need to wait. To be eligible for a U visa, you must be the victim of a qualifying crime and have suffered significant physical or mental harm as a result. You should also have information about the crime and be willing to share it with law enforcement, as your assistance is considered helpful in prosecuting the crime. Additionally, the crime must have occurred in the U.S., and you must be eligible to enter the country or have received a waiver to do so. Qualifying crimes include offenses such as abduction, blackmail, assault, sexual exploitation, human trafficking, and more.

U visa applications can be denied for several reasons, including insufficient evidence, inadmissibility to the U.S., abandonment of the application, or failure to prove that you were a victim of a qualifying crime. If your application is denied, your immigration status will remain as it was before you applied for the U visa. However, if you are undocumented, you could face detention and deportation. You have the option to appeal a denial within 30 days through the Administrative Appeals Office (AAO).

If you have a deportation order, you may still be able to apply for a U visa, but you will also need to request a "stay of removal" from the Department of Homeland Security (DHS). If granted, your deportation will be paused while USCIS reviews your U visa application. The outcome of your case will depend on your specific circumstances, the evidence you provide, and the quality of legal representation you have.

There is also another form of protection under the Violence Against Women Act (VAWA), designed for noncitizen victims of abuse. While similar to U visas, VAWA visas are primarily for victims of domestic violence, whereas U visas cover a broader range of crimes. Additionally, VAWA petitioners must demonstrate "good moral character" and be admissible to the U.S.

Whether you are considering applying for a VAWA or U visa, it is advisable to consult with an immigration lawyer in Los Angeles who specializes in these cases to explore your options further.

Our firm, Unity, specializes in providing legal services for Student/Professional Visas to the U.S. We assist individuals and businesses in obtaining temporary visas for purposes such as work, study, or travel. Our experienced team guides clients through the entire process, ensuring all legal requirements are met for a smooth and successful application.

Unity Legal Group offers comprehensive assistance with various issues related to student visas. If you have lost your F-1 student status, they can help you with reinstatement. They also provide support for problems related to Optional Practical Training (OPT), both before and after completion, and can assist with extending OPT for students in science, technology, engineering, or math (STEM) fields.

Additionally, Unity Legal Group guides clients through the process of changing visa status from one type to another. This includes transitioning from a tourist visa (B-1/B-2) to a student visa (F-1), work visa (H-1B), investor visa (E-2), extraordinary ability visa (O-1), or intracompany transferee visa (L-1). They address issues related to maintaining visa status and unlawful presence, and assist with the F-1 visa application process, including interviews at U.S. embassies and consulates, and the logistics of departing and returning to the U.S.

For J-1 visa holders who are subject to the two-year home-residency requirement, Unity Legal Group offers help in seeking a waiver. They also assist clients eligible for permanent residency (a green card) through marriage or employment with the adjustment of their status.

Conveniently located near the University of California, Irvine, Unity Legal Group collaborates with university officials across the country on student visa-related issues. They offer consultations at their Irvine offices, via Skype, or in person to discuss concerns about student status.

In his comments on foreign students and immigration reform, President Obama emphasized the importance of allowing international students who graduate from U.S. universities to remain and contribute to the American economy. He pointed out that many successful companies, like Intel and Instagram, were founded by immigrants who studied in the U.S. and stayed to create jobs. He underscored the need for comprehensive immigration reform to retain talent and foster economic growth in the United States.

The J-1 visa is designed for individuals from other countries who come to the U.S. to participate in exchange programs administered by the U.S. Department of State. These programs include categories like trainees, students, teachers, and others. 

To qualify for a J-1 visa, applicants must meet certain requirements. They need to demonstrate that they have a home in their own country that they do not intend to leave permanently. Additionally, they must obtain a Certificate of Eligibility for Exchange Visitor, known as Form DS-2019, which is provided by the program organizer.

Unity Legal Group offers assistance with J-1 and J-2 visa applications, particularly for those who have experienced visa denials or issues with their immigration status in the U.S. Their attorneys can help with maintaining J-1 status, addressing work-related matters, and guiding applicants through the process of changing their visa status. They also offer advice on the two-year home residency requirement and how to obtain a waiver if necessary.

If you're an international student in the U.S. with an F-1 visa and you're facing issues with your student status, there are steps you can take to resolve the situation. 

First, if you've fallen out of compliance with the F-1 visa rules, you have two main options to regain your status. You can either request reinstatement of your F-1 status from U.S. Citizenship and Immigration Services (USCIS) while staying in the country, or you can leave the U.S. and return with a new F-1 visa.

If you suspect you've violated your F-1 status, your first point of contact should be your school's International Students Office or your Designated School Official (DSO). They can provide guidance on how to proceed.

You can lose your F-1 status if you fail to take a full course load without obtaining the necessary permission, attend a school different from the one listed on your I-20 form, allow your I-20 to expire without renewing it, or improperly transfer between schools.

If you want to stay in the U.S. and seek reinstatement, USCIS may consider your request if you meet certain criteria. These include not being out of status for an extended period, demonstrating that the violation was not your fault, continuing your full-time studies, following the F-1 visa rules, not working illegally, and not being at risk of deportation.

While waiting for a decision on your reinstatement request, you can continue your studies, but you cannot work until your F-1 status is officially reinstated. If you leave the U.S. while your reinstatement request is pending, it will effectively cancel your request.

If USCIS approves your reinstatement, you will receive a new I-20 form, which you should take to your DSO to update your records. This may also allow you to start on-campus work. However, if your request is denied, you can appeal the decision or leave the U.S., apply for a new F-1 visa, and return. Be cautious, as the length of time you've been out of status can impact your ability to return.

It's important to seek help early if you believe you've violated your F-1 status. Speak to your DSO as soon as possible, and consult an immigration attorney if needed. Addressing these issues promptly can make it easier to resolve them. Only students with valid F-1 status are eligible for benefits like on-campus work and practical training work authorization.