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By admin, LLC on February 23, 2015
An H1B Visa is a highly specialized classification of visa that allows a person from a foreign country who is skilled in a specialized occupation to work and stay in the United States for a limited amount of time. H1B visas are limited to a period of six years maximum, and this time period is generally provided in increments of three years and then renewed. The six year period can be extended if the person who holds the visa is in the process of applying for permanent residence status.
Obtaining an H1B visa can be challenging because the government restricts the number of them that can be issued each year. Only 85,000 are permitted annually, and of those 20,000 are reserved for those who have received advanced degrees from colleges and universities located in the United States. To put yourself in the best possible position to obtain one of these coveted visas, it is advised that you have the assistance of an H1B visa lawyer in Chicago, who can guide you through the process and ensure that everything is done properly. The attorneys at Din Law have extensive experience in successfully helping foreign nationals to obtain H1B visas, and we can help you as well.
There are specific requirements that must be met in order to obtain an H1B visa. They are as follows:
When a foreign national has H1B status, they are considered exempt from the above-referenced numerical limitations on visas being issued. Their spouse and minor children are also authorized to live with them in the United States in H-4 status. This does not provide them with the ability to work in the United States. A person who holds H1B status is afforded the benefits of the portability provisions of the American Competitiveness in the Twenty-First Century Act, permitting them to move to a different American employer.
Though there are a number of different occupations that are particularly likely to seek foreign nationals under H1B status, some are more competitive than others, most notably the IT consulting field. The USCIS has extremely specific qualification requirements in this area, and as a result it is advised that petitioners seek legal representation from attorneys skilled in this area of law. The attorneys at Din Law have a successful record of preparing H1B petitions for a number of different occupations and industries on behalf of our clients. Contact us for more information on how we can help facilitate your ability to obtain one of these coveted special visas.
Read More About Work Visas Here:
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If you are planning on marrying a person who is a foreign national in the United States and having them live here with you, it is not as simple as having them enter the country and having a marriage ceremony. You will first need to obtain a fiancé visa, which is also known as a nonimmigrant “K-1” visa. Obtaining a fiancé visa involves a complicated process that can be time consuming and confusing. The attorneys at Din Law are experienced Chicago fiancé visa lawyers who can help you get through all of the bureaucracy and red tape so that you can start your marriage off on the right legal footing.
The process of obtaining a Chicago fiancé visa generally takes three to six months from the very first filing of the I-129F Petition to the receipt of the visa itself, so make sure that you are leaving yourself adequate time when you begin planning for your wedding. The petition is filed with the USCIS, which reviews it and then forwards it to the National Visa Center and then to the American embassy or consulate where your fiancé will go to apply for their visa. Once the petition is completed and approved, it is only good for a period of four months.
Notification of approval will be sent by the consular office to your fiancé, who will then be given forms and instructions for applying for the visa itself. The requirements for the visa are almost identical to those of any other immigrant visa. The forms will need to be filled out and your fiancé will need to provide a valid passport, birth certificate, a medical examination and evidence of support, evidence of a valid relationship with you, and approved USCIS photographs. They will also need to provide police certificates from all the places that they have lived since the age of sixteen, and if they have been previously married they will need to provide proof of divorce or the death of the previous spouse.
Proof of a valid relationship is one of the most essential elements of the application. The government will want proof that you and your fiancé have met face-to-face within the previous two years unless there are circumstances that would prevent that from happening. A consular office will interview your fiancé to determine their eligibility and provide them with a visa that is only valid for a period of six months. An application fee will also need to be paid. The marriage itself must occur within 90 days of your fiancé entering the United States, and after the marriage they must contact USCIS to establish a record of their entry in order to later apply for conditional permanent residence status. That conditional status can be lifted after two years.
The process of applying for a Chicago fiancé visa goes much more smoothly and easily with the assistance of an experienced immigration attorney, who can also help you with all related visa applications following the marriage. For more information, contact Din Law.
Learn more about Fiance Visas by following this link:
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Becoming an American citizen or retaining the right to remain in the United States is a dream for many, but in order to do so it is essential that you adhere to all of the proper processes and laws. There is an annual limit of 675,000 permanent immigrants in the United States, with exceptions provided for close family members and a separate allowance for refugees. Though there are many immigration laws issues which you may be able to handle for yourself, having an attorney help can save a great deal of time, money and worry.
One of the most frightening circumstances that immigrants can find themselves in is being stopped for questioning by police, immigration agents or federal agents. If this happens, it is essential that you know your rights and what to do. The most important thing to do is to remain calm and cooperative. Arguing or resisting can work against you. Keep in mind that you have the right to remain silent and you do not have to consent to a search, though police may pat down your clothing if they suspect that you are carrying a weapon.
Here are important things for you to keep in mind if you are stopped by authorities:
If you find yourself in immigration custody, your best resource is an experienced immigration attorney. Call the lawyers at Din Law for immediate help.
Learn more about Chicago Immigration Law by clicking the link below:
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Immigrating to the United States is a complex process. Whether you are interested in staying in the country permanently or for a limited period of time, it is essential that you follow all of the appropriate procedures in order to stay on the right side of the law and maximize your chances of achieving your goal. As experienced immigration lawyers in Chicago, Din Law can help you with all types of immigration issues, including:
• Permanent Visas or Green Cards
• Temporary Visas
There are a number of requirements to becoming a citizen of the United States if you were not born here. In order to apply to become a citizen, you must first spend a minimum of five years in the country as a permanent legal resident. Furthermore, during that time you must obey all of the U.S. laws in order to demonstrate that you are of good moral character. There are a number of forms and applications as well as processes that must be properly completed in order to become a U.S. citizen, and a qualified immigration lawyer can guide you through the steps needed in order to make sure they are all completed properly.
When the U.S. government takes action to remove a foreign-born individual, it is known as deportation. There are a number of reasons why deportation can be initiated, including using false documents and other criminal activities. If you are facing deportation, an immigration attorney can provide you with knowledgeable legal representation to defend you and maximize your opportunity for the best outcome.
Permanent Visas or Green Cards
Green card is a term used to describe a permanent visa, which allows foreign-born nationals to remain in the United States. There are many steps that are needed in order to obtain a green card, starting with finding a sponsor such as an employer or relative or entering the visa lottery. Obtaining a permanent visa is a process that can be very complex, and having a Chicago immigration attorney from Din Law represent you can make the process much easier and more understandable, as well as increase your chances of success.
There are a number of circumstances that warrant having a temporary or nonimmigrant visa. In most cases these are provided for students or businessmen visiting the country for a specific period of time. A temporary visa is marked with a specific expiration date, and it is essential that you adhere to the restrictions placed on the length of your stay, as well as what rights the visa provides. An experienced immigration attorney can help you to apply for a temporary visa, as well as to explain what it allows you to do.
Though you do not need an immigration attorney to visit the United States for a short period of time, there are a number of instances in which having an attorney can save you time, aggravation and a great deal of trouble. If you are in need of assistance with any of the issues listed above, or if you are seeking asylum or emergency help, contact us immediately for compassionate, qualified immigration assistance.
Read more about Immigration Law below:
By admin, LLC on January 22, 2015
The immigration climate in the United States is in a constant state of flux, and as a result it is incumbent upon anybody who is in the country on a visa to take steps to avoid overstaying the established expiration. Where at one time an overstay would simply be overlooked, today it can quickly attract attention and result in harsh penalties.
There are four main consequences of overstaying your visa can be numerous.
If your have overstayed your authorized stay by more than 180 days but less than a year and leave before removal proceedings begin, you will be barred from re-entering the United States for three years. If your overstay has been a year or more past your visa’s expiration date, you will be prevented from re-enter the United States for ten years. In all cases, if your visa has expired than it is automatically voided, and you will not be readmitted unless you have a new nonimmigrant visa. This visa will have to be obtained by returning to your country of nationality. Allowing your visa to expire precludes you from the convenience of using a consulate that is closer or more convenient.
There are certain things that you can do to prevent this from happening. If you file for an Extension of Stay or Change of Status prior to your expiration, then even if you have passed the expiration date you will be considered as maintaining status until the decision is made. However, if you have not applied and you pass your authorized period of stay, you will no longer be admitted to apply. For this reason it is essential that you pay close attention to your visa’s expiration date and either fill out appropriate paperwork or leave on or before its expiration. Maintain all documents of your departure in order to prove that you are in compliance.
There are certain circumstances in which waivers are provided for the three or ten-year ban on returning to the United States. These are specifically offered to foreign nationals who can show that their spouse or parents will suffer extreme hardship if they are not permitted to return to the United States. This only applies for those who are the spouse, son or daughter of a citizen – it does not apply to those who have children who are U.S. citizens or permanent residents.
If you have overstayed your visa, it is essential that you put yourself in the hands of an experienced immigration attorney who can advise you as to your best legal options. The Chicago immigration attorneys at Din Law are available to help. Call us today.
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An H1B Visa is a special type of non-immigrant visa that enables companies in the United States to hire workers from other countries for highly technical positions. The idea behind the H1B visa is that certain occupations need employees who have specialized training and education, and that a company wants to hire a specific worker who has this background. Occupations that are commonly referenced in H1B applications include the areas of science, medicine, mathematics and engineering.
It is important to remember that an H-1B visa is not an application for citizenship. It is designed to accommodate a long-term assignment, and those in the country on an H1B Visa are limited to a six-year stay. Individuals who are the subject of an H1B Vis are not permitted to apply for an H1B visa for themselves – the application must be submitted on behalf of the worker by an American company.
Limits on H1B Visas
Despite the fact that H1B Visas are requested by American companies, the federal government does impose strict rules and limits on the way that these applications can be submitted and on how many H1B Visas will be granted during the course of each year. There is a limit of 85,000 new visas made available each year, and those are broken down into two different categories: 65,000 visas are provided for overseas workers in professional or specialty occupations and 20,000 are reserved for those with an advanced degree from an American academic institution. Once each of these categories is filled and the visas have been exhausted, no more applications will be taken until the following year. Companies are allowed to apply for an H1B visa on behalf of a foreign worker as early as April of the year preceding the visa year, but if the visa is granted the employee cannot begin working before October, three months before the official visa year begins.
Eligibility for H1B Visa
Not every position is eligible for an H1B visa. The government requires that the job itself must have a minimum entry requirement of a Bachelor’s degree or higher and that the degree requirement is common to the industry or job. It is also essential that the employer normally requires this level of education and that the duties of the job are complex enough that the requirement is justified.
In addition to the requirements of the job itself, the person for whom the H1B visa is petitioned must meet certain requirements. They must have earned a Bachelor’s degree or higher in the United States, or a foreign degree that is equivalent to that degree. They must also hold some kind of state license, registration or certification for the specific occupation. They must be able to prove that their education, training or experience meets the requirements of the specialty area for which they are being hired.
If the H1B visa is granted, it is usually for a period of three years, but it may be extended by another three years. Once it is obtained, the visa holder can apply for a green card. The visa holder is also able to bring their spouse and children into the United States under the H4 visa category as dependents.
By admin, LLC on
Immigration is a complex and confusing area of the law, and it is something that you have to get absolutely right. Whether you are simply seeking citizenship or are facing deportation, looking for a job or in need of help bringing your fiancé to the United States so that you can be wed, you want to make sure that every requirement is fulfilled, every form is properly completed, and every risk avoided. The experienced Chicago immigration attorneys at Din law have the knowledge that you need and the compassion that you want to make the experience as simple and straightforward as possible.
We Handle All Types of Immigration Issues
An experienced Chicago immigration attorney can help you with a wide range of important immigration issues, including:
• Citizenship applications
• Family Visas
• Business Visas
• Employment/work visas
• Non-immigrant visas
• Labor certification
• Abuse petitions
• Fiance Visas
Whether you are looking for help making your employment or family dreams come true or need protection from deportation, we understand that this is a highly emotional time, filled with hopes, fears and stress. We take the time to explain everything to you, answering your questions and explaining the process so that you feel that you have more control of your situation. We make sure to address every detail so that your issues are addressed as quickly as possible and you can have confidence that you have an advocate working on your side.
Helping You Become a U.S. Citizen
The steps to becoming a United States citizen can be complicated and confusing, and it is important that you work with an attorney who fully understands the process so that you comply with all of the steps and requirements. Working with our Chicago immigration attorneys greatly increases your odds of having your application approved, because immigration is our specialty and we know the process inside and out. We will help you from the very first step of completing the application form and getting it sent in, making sure that all of your information is provided, accurate and correctly filled out. From copying and mailing to answering your questions, we provide you with all of the support that you need, and when the time comes we will help you prepare for the citizenship test by providing you with sample questions and answers to study. We’ll represent you before immigration officials in Immigration court, handle all waiver requests and appeals, and keep you informed of what is going on at every point so that all of your questions are answered.
Contact Din Law for Help With Your Immigration Issue
The Chicago immigration attorneys at Din law understand what you are going through and we are here to help. We have a deep and thorough understanding of immigration law and will use it to your best advantage. Contact us today for more information on what we can do for you.
By admin, LLC on
In the United States, when an unmarried U.S. citizen wants to marry somebody from another country, there are a series of steps that need to be taken and requirements that need to be met. The process is not difficult but it can be confusing, and couples eager to be married are understandably nervous about doing it correctly, and as quickly as possible. The Chicago fiancé visa attorneys at Din Law are able to help you with preparing your petition. We will answer all of your questions, make sure that you understand exactly what needs to be done, and help you gather all of the supporting documentation you need to achieve your goals.
Many people are under the impression that a fiancé visa is only for people who plan to stay in the United States after they are married. That is not necessarily the case. A fiancé visa is not related to an application for a green card – it simply allows you into the country for the marriage to take place. It is important to understand that if you know that you won’t be staying in the U.S. after you are wed, it may be easier to simply apply for a tourist visa. However, you should only choose this route if you know that you aren’t staying — otherwise you risk being accused of misuse of the tourist visa, and subsequent rejection of a green card application.
The requirements for getting a fiancé visa are fairly simple. You need to have the intention of marrying a U.S. citizen and you must be legally able to marry. Beyond that, there is a requirement that you must have met your intended spouse in person within the last two years. This requirement can be waived if you can demonstrate that there is a cultural norm or hardship preventing this from having happened.
Despite the simplicity of the requirements, there must be proof provided to the government of each of them. For example, you need to establish that actual wedding plans are in place. The wedding must occur within 90 days of your entering the country, so those plans will need to be flexible, but you will need to be able to show that you have a place or type of ceremony in mind and discussed. You will need to show that your intended spouse is a U.S. citizen rather than a permanent resident – this means that they must either have been born in the U.S. or have become a citizen through application and testing or through a family member. Finally, the requirement of proof that you are legally able to marry is largely directed at those couples where one person is under the age of consent, has been previously married, or are related by blood.
There are a number of forms that are needed in order to get the fiancé visa. Payment of a processing fee needs to be paid, a cover letter needs to be written, and specific documentary proof of having met your intended in the past two years is needed. The Chicago fiancé visa attorneys at Din Law have made this into an easy process for many couples, and can do the same for you. Contact us today to set up an appointment.
By admin, LLC on December 22, 2014
It is not at all uncommon for married people to find themselves in the midst of a divorce at the same time that they have an application in process for adjustment of status. It is only natural to be worried that an application that was based upon your marriage would be automatically be terminated upon the dissolution of that status, but a recent decision by the 9th Circuit Court of Appeals has determined that if you are an alien spouse who entered the county on a K-1 non-immigrant visa and you were married within 90 days of approval and filed to adjust status to conditional residence, this does not make you ineligible, despite the fact that the divorce occurs before the adjustment of status was determined. It is also important for people who are concerned to understand that if you were married for more than two years, then your status is not conditional on your marriage.
Previous decisions by both the Immigration Service and the Immigration Court held that permanent residence was only available as a condition of marriage to the person who had originally petitioned on the spouse’s behalf. The goal of this denial was to ensure that a marriage was not fraudulent. But the Court of Appeals decision means that as long as the marriage occurred in good faith, the law was not intended to prevent people from obtaining permanent residence. As long as the marriage is legitimate, took place within the prescribe amount of time and the appropriate paperwork has been filled out within 90 days of the marriage, the alien spouse is deemed to be in compliance. The same was held true when a spouse dies in the interval between application and a decision being made. Both of these decisions are based upon the assumption of good faith on the part of the alien spouse.
The key to understanding this decision is to know that a K-1 visa holder who is divorced from the person who petitioned for their status is not required to sill be married to the petitioner – they simply must demonstrate that the marriage was originally entered into in good faith, and that there are no other circumstances that make them inadmissible as a lawful permanent resident.
The importance of this ruling cannot be understated, particularly in light of the amount of time that it can take for adjustment applications to be adjudicated. Before this ruling, alien spouses who found themselves in new marriages that were less compatible than had been anticipated found themselves having to choose between leaving the marriage or their new country. That is no longer the case – at least not in the states that fall under the jurisdiction of the 9th Circuit.
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Adjustment of status is a special process that makes it possible for an immigrant who is currently living in the United States (or who wants to live in the United States as soon as possible) and who meets the requirements for a green card to get one without having to go through the process of going to an overseas U.S. consulate. The Adjustment of Status process is particularly important to those who have already passed 180 days of unlawful presence in the United States, because for those people leaving the country could mean that they would be unable to return for an extended period of time. This period could be as long as ten years, depending upon how long they have been in the country illegally. An adjustment of status is an excellent way of addressing this predicament.
There are specific categories of people who are eligible to take advantage of the adjustment of status option. These include:
In addition to falling into one of these categories, in order to get an adjustment of status you must be present in the United States, must not have entered the country in transit without a visa as a foreign national crewman or under the Visa Waiver Program, and you must be in valid visa status when you apply to adjust status.
There are additional exceptions to the categories listed above. These include those who have ben in the United States for an extended period of time and whose status therefore falls under the auspices of some older laws, specifically Section 245(i) and the LIFE Act. There are also options for adjustment of status for those who have entered the country illegally but who still qualify under some of the categories listed above, but in order to take advantage of this a penalty of $1,000 must be paid. This option is available if you are the beneficiary of an immigrant visa or labor certification filed on or before April 30, 2001, or if your petition was filed between January 14, 1998 and April 30, 2001 and you were physically in the country on December 21, 2000.
There are many advantages to being able to file for an adjustment of status. If you are not certain about whether or not you qualify for this process, seek the counsel of a qualified immigration attorney.