Immigration Law
Family Petitions
United States citizens and permanent residents can assist their qualifying foreign relatives in petitioning for citizenship and permanent residency in the United States. In order for a foreign relative to become a lawful U.S. permanent resident.
Deportation Defense
There are a number of circumstances that could lead to deportation or removal. There are a number of strategies we can employ to help you avoid deportation, such as obtaining political asylum, cancellation of removal, voluntary departure, adjusting your status to permanent residency, or attaining a waiver or pardon under the Immigration and Nationality Act.
Citizenship
Being a United States citizen may allow you to enjoy many of the privileges provided by the government. When you complete the naturalization process, you will experience first hand the many benefits U.S. citizenship will bring to your life. Naturalization is an extremely important process that requires the attention of an experienced citizenship and immigration attorney. At Bustamante Law Group we help individuals from around the world obtain U.S. citizenship and guide them through the naturalization process.
U.S. citizenship is obtained by one of two ways: birth or naturalization. Unless you are born in the United States, or your parents were United States citizens at the time of your birth, you are required to go through the naturalization process to obtain citizenship. At Bustamante Law Group we will help you file important documents, review your citizenship application, handle any issues or problems that may arise, and prepare you for your interview with the USCIS.
Waivers: I-601A Provisional Unlawful Presence Waiver
The purpose of the provisional waiver program is to reduce the amount of time U. S. citizens are separated from their immediate relatives (spouse, children and parents) who are in the process of applying for lawful permanent residence. The process allows applicants to apply for the provisional unlawful presence waiver while they are still in the United States and before they leave to attend an immigrant visa interview abroad in their countries of origin.
Asylum
Asylum can be granted to individuals just arriving in the U.S. or to people who are already physically in the country. If you are arriving in the U.S., you may ask for asylum at the port of entry (i.e. airport, seaport, border crossing, etc.), or if you are already in the U.S. you or your attorney must prepare and file an I-589 form (Application for Asylum and for Withholding of Removal) within a year of your arrival, whether you are residing in the country legally or undocumented. Furthermore, in order to be granted asylum, you must present sufficient evidence or show proof that you were persecuted, or are at risk of persecution should you return to your home country. You can apply for asylum affirmatively by filing the application and initiating the asylum process, or you can seek asylum as a defense to pending deportation proceedings.
Marriage and Fiancé Visas
Our office can assist clients petition for fiancés and spouses whether they are already physically present in the United States or presently residing outside of the United States.
K-1 Visas permit U.S. citizens to bring their foreign fiancés into the United States in order to marry.
K-2 Visas are available for your fiancé’s children who are under the age of 21 and not married.
Investor Visas
E-1 Visas: Treaty Trader Visas
E-1 visas are issued to foreign nationals who wish to enter the United States in order to engage in a “substantial trade” between their country of origin and the United States. The trade refers to the international exchange of goods, services, money, and technology.
E-2 Visas
E-2 visas permit foreign nationals to enter the United States in order to direct and develop a commercial enterprise or business in which they have invested or are in the process of investing, a substantial amount of money or capital. Foreign nationals wishing to obtain E-2 visas must be a citizen of a country with which the U.S. has a treaty of commerce. Although there is no specific dollar amount required under U.S. immigration laws, the investment must be “substantial” and cannot be marginal. An investor can also buy an existing business or create a new business in the U.S.
EB-5 Visas
The Employment Based Fifth Preference Category, or EB-5, was created to attract foreign capital to the United States in order to create more job opportunities and benefit the U.S. economy. In order to qualify under the EB-5 category, foreign investors must:
Invest $500,000 in a new or existing U.S. business or commercial enterprise that is in either a rural area or an area with a high unemployment rate, or
Invest in a U.S. government designated Regional Center, and
Prove that the investment will somehow benefit the U.S. economy
Work Visas
There are a variety of USA work visas available to individuals seeking to come to the United States to work. At the Bustamante Law Group, we provide comprehensive legal services to those wishing to obtain the following types of work visas:
H-1B Visas: Professionals in Specialty Occupations
H-1B visas allow professionals to come to the United States to work in a field that requires a specialization or a special skill. In order to be granted an H-1B visa, the applicant must have at least the equivalent of a U.S. bachelor’s degree, and the job that they are applying for must require at least a bachelor’s degree or its equivalent. The applicant must also have a sponsoring U.S. employer that is willing to hire the applicant temporarily, pay him/her the required wage, and file a petition with immigration.
H-2B Visas
H-2B visas permit business owners to hire foreign workers to perform seasonal, peak-load, intermittent, or one-time only work that is non-agricultural. Business owners and employers must prove that there are no U.S. workers available or willing to do the job. Similar to the H-1B visa, applicants need a U.S. employer to sponsor them and be willing to pay them the required wage.
L Visas: Intra Company Transfers
Under an L visa, foreign-based executives, managers, and employees with a specialized skill can be transferred to a division, affiliate, subsidiary, or parent branch of an international company in the United States. The L visa is very popular as it provides a work permit to the spouse of the transferred foreign worker and can ultimately lead to a green card in the U.S.
O Visas: Persons of Extraordinary Ability
O visas are issued to foreign artists, athletes, entertainers, scientists, educators, and business people of extraordinary ability who wish to temporarily come to the United States to work in their field of achievement. O-1A Visas are issued to scientists, business people, educators, or athletes. O-1B Visas are issued to visual, performing, and literary artists, such as musicians, writers, singers, actors, artists, directors, photographers etc.
P Visas: Professional Artists, Athletes, and Entertainers
P-1 Visas are issued to artists, athletes, and entertainers who wish to temporarily perform or compete — either solo or on a team — in the United States at a specific event. P-2 Visas are issued to athletes and entertainers who are participating in a reciprocal exchange program. P-3 Visas are issued to artists and entertainers who wish to perform, share, coach, or teach their talents in a cultural program.
R Visas: Religious Workers
R visas are issued to foreign religious workers who wish to temporarily enter the United States. A religious worker is considered a person who is continually engaged in an activity that is related to a traditional religious function, such as nuns, monks, cantors, liturgical workers, brothers, religious translators, missionaries, catechists, etc.
TN Visas: Mexican and Canadian Workers
TN visas are available to skilled workers from Canada and Mexico under the North American Free Trade Agreement (NAFTA). TN visas permit Canadian and Mexican citizens to temporarily enter the U.S. to work in a NAFTA approved occupation. TN visas are often used by Canadian or Mexican nationals to avoid the H1-B cap or other difficulties with the H1-B category.
