When people are coming to the United States, there is a lot of misinformation that often leads to frustration and miscommunication about the process. Here, we aim to clear up those issues so that the process of coming to the US is as easy as possible.
- Work Permits
A person coming to the United States cannot simply get a work permit by itself. Work permits are always attached to another type of application such as an application for a green card, a nonimmigrant visa, or another type of visa application. One can’t simply submit a stand-alone work permit application.
Work permits take time and patience. At the present time, the process of applying for a work permit is taking many months. A work permit is not issued right away. Even lawyers don’t have that power!
- Work Visas
Nonimmigrant work visas act as work permits, allowing the holder to both live and work in the United States. There are many types of work visas that people can apply for, each with a different alphabetical code, including treaty traders and investors (E-1 and E-2), special occupation professionals (H-1B), non-immigrant trainees (H-3), foreign media reps (I visas), intra-company transfer employees (L-1 visas), individuals with extraordinary abilities or achievement (O-1), athletes (P-1), or exchange program participants (J-1).Each visa category has different sponsorship requirements from the employer and the applicant and each has a different timeline for processing.
- Visitor Visas
Visitor visas are applied for when someone wants to enter the US for business, tourism, or a combination of both.
People who already have residency in the US often want to invite family members from abroad to come and visit. These people are usually shocked and upset when those visitor visa applications are denied.
Why do these denials happen? Visitor visas are not guaranteed. This is especially true if there is another family member present in the US who has now (or in the past) ever overstayed a visit to this country. Further, older applicants who have no strong ties to their home country (such as a job, property, or other family members) may also be denied a visitor’s visa, as the Consular Officer usually deems it very likely they do not have sufficient ties to their home country and believes that will overstay in the US as well.
It is often recommended to work with an immigration lawyer to build the best visitor visa application possible with as many documents to show strong ties to the home country if your relative is serious about coming to the United States.It is up to the applicant to convince the Consular Officer and show proof that they have no intention or interest in remaining in the US beyond a short visit and why.
- Cancellation of Removal
Many people come to our office after a lawyer has filed for a “10-year green card” on their behalf. Often clients are told that they are able to get a work permit if they are in the US for ten years. A lawyer will then file for asylum and obtain a work permit for the client, claiming they can easily get a green card if they’ve been here for at least ten years. However, the lawyer oftentimes neglects to tell the client the whole story.
By filing for a “ten year green card” the lawyer has placed the client in removal proceedings. There are many other requirements which come along with this type of case. They will now have to present his or her case before a Judge in Immigration Court and will be removed if they do not succeed in this matter.
In order to successfully win a cancellation of removal case, the client must be able to prove that they have a qualifying family member (who is a US citizen or permanent resident) who would suffer extremely unusual hardship if the applicant is removed from the country. (This citizen can be a child, parent, or spouse.) The client must also prove that they have maintained a continuous physical presence in the US for more than ten years and that they are of good moral character and have not been convicted of any serious offense.