Immigration

Immigration LawImmigration Attorneys Serving The Greater New Orleans Area

Few areas of the law can affect people’s lives more than immigration law. At Orleans Legal, we are committed to ensuring that immigration law works for you – changing your life, the lives of your family members and the lives of your employees for the better. Immigration law is complex, and seems to become more complex with each passing year. Now may be one of the best times to seek immigration relief. Our attorneys can give you an honest assessment of your current circumstances, and help you understand what immigration options are available to you that will help you achieve the outcomes you are looking for.

If you wish to live in the U.S. to work, study, invest or seek a better life, our firm is here to help. We have strong relationships with professional services in multiple countries. Additionally, we can help your fiancé, child, parent or other family member move to the U.S. to reside here temporarily or permanently or achieve citizenship through naturalization.

We can assist you with the following:

  • Family Based Visas
  • Employment Based Visas
  • Investor Visas
  • Naturalization

For Information Regarding Immigration Bail Bonds Click Here.

Family Visas

United States Citizens are able to petition for certain members of their family including spouses, parents, children, and siblings in order to become legally permanent residents. The rules and priorities vary depending on the relationship of the petitioner to the beneficiary and the age of the beneficiary. There are several kinds of visas for family members of U.S. citizens including:

  • Immediate relatives: for children (under 21), parents and spouses of U.S. citizens
  • FB-1 first preference: for unmarried adult sons and daughters of U.S. citizens
  • FB-2 third preference: for married sons and daughters of U.S. citizens
  • FB-4 fourth preference: for brothers and sisters of U.S. citizens
  • K-1 fiancé/fiancée visas: for those seeking to bring a fiancé or fiancée to the United States
  • K-3 visas: for spouses of U.S. citizens whose petition for permanent residency has not yet been approved and forwarded to the U.S. consulate in the spouse’s home country

Work Visas

Different types of American work Visas:

A work visa is specifically geared toward individuals who would like to live and work in the United States. Most work visas are classified as non-immigrant visas, allowing foreign workers to temporarily fulfill their employment duties, rather than permanent citizenship. Each temporary work visa provides a specific duration of time permitted to work in the country, although instances of extension are common as long as the worker qualifies for the conditions of an extension. Planning the process with an immigration attorney can drastically ease the process.

There are several types of work visas available, all of which differ depending on the length of stay and the terms of the worker:

Specialty Workers (H1B Visa): This visa allows foreign workers to enter America to undertake employment, and is the most sought after temporary non-immigrant visa. Only specific foreign workers are eligible, and the employer must petition the USCIS in representation of the prospective employee. Only certain special occupations apply for this visa, and the employer must file a labor condition application with the Department of Labor.

Temporary Skilled or Unskilled Workers (H2B Visa): If an employer’s need for an oversea foreign worker is only temporary, this visa will allow the employer to recruit. The allotted duration of stay is one year and can be extended to three years, although an extension is a rarity.

Intracompany Transferees (L1 Visa): Key employees of overseas companies with ties to American corporations are granted entry, assuming that they pass the specific requirements.

Employment-based Preference Visas: Preference categories of this visa are based off of a numerical restriction that regulates the availability and waiting period of each category. The employers of specific qualifying employees petition the USCIS for the visa.

Temporary Skilled Visa for Australian Nationals (E-3 Visa): This visa is for nationals of the Commonwealth of Australia who would like to provide services in a “specialty occupation” in the U.S.

Investor Visas

All in all, the Investor Visa Program is a great Visa option for those who have the money and wish to start a business in the U.S.. The Visa does have an extensive documentation requirement and a immigration lawyer is necessary. Here are some of the ways we can help you with your Investor Visa. We can:

  • Work with the investor and family to put together an EB-5 Visa green card petition
  • Assist the investor in completing all documents needed for the EB-5 Visa petition
  • Prepare the investor and his family for the Department of State interview
  • Appear with the investor and family at the interview (upon the investor’s request) with the Department of State at the consular post overseas, and assist in the interview process or appear at the interview before the USCIS in the United States
  • Assist the investor and family in entering the United States and establishing lawful permanent residence in the United States
  • Assist the investor and family in removing the condition from the permanent resident status within the last three months of the second year following the commencement of permanent residence
  • Assist the investor in obtaining any financing services that may be necessary
  • Assist Investor in applying for Naturalization to become a U.S. citizen after the requisite time period

DACA

Deferred action is not as comprehensive as the DREAM Act. It does not provide a pathway to citizenship for undocumented persons. But it is still an appealing opportunity for young people born after June 16, 1981, who arrived in the U.S. before their 16th birthday.

There are other standards you must meet to be eligible for DACA. You must:

  • Have been born after June 16, 1981
  • Have come to the U.S. before your 16th birthday
  • Have lived in the U.S. continuously since June 15, 2007
  • Have been present in the U.S. on June 15, 2012, and every day since August 15, 2012
  • Be at least 15 years old (There are some exceptions, which we can explain)
  • Have graduated or completed high school, have earned a general education development (GED) certificate, be an honorably discharged veteran or be in school on the date that you submit your deferred action application
  • Despite having no official legal status in the U.S., applicants approved for deferred action may be issued identification cards and driver’s licenses under state policies

The U.S. immigration process can be stressful and confusing. Our legal team understands how hard it can be on you and your family. You probably have a lot of questions about what you need to do, what you should expect and how long all of this is going to take. Our immigration attorneys can provide you with the answers you are looking for, as well as the guidance necessary to make sure you do everything right and have the best chance of success.

Posted by: kshain on April 1, 2016