Immigration Law Office of Los Angeles

About Immigration Law Office of Los Angeles

Green Card Through Marriage: When a U.S. citizen marries a foreign national, the foreign spouse may qualify for a marriage-based green card and become a lawful permanent resident or a conditional permanent resident. Getting a green card by marrying a US Citizen allows the foreign spouse to become a lawful permanent resident (LPR)  depending upon if the foreign spouse legally entered the United States even if the foreign spouse became out of status subsequently. When the foreign spouse is in the United States, the foreign spouse may apply for a green card by submitting an application through USCIS without having to leave the United States if they entered legally.  This process is called filing for an adjustment of status (I-485). After filing for an adjustment of status, the alien spouse can legally reside and work in the United States once an employment authorization document also known as an EAD is issued, as they will become eligible for employment authorization  90 days after filing for an adjustment of status. In the U.S. the “immediate relative” classification (including spouse) allows a foreign national to apply for an immigrant visa without having to worry about preference categories or priority backlogs since an immigrant visa will always be available to him or her. However, the green card marriage process can be complicated and requires an in-depth analysis by an experienced attorney to present evidence of a bona fide marriage and to prepare for the green card interview by being advised of possible green card marriage interview questions. 90 days prior to the Three Years anniversary of when the beneficiary spouse became a Lawful Permanent Resident,  the beneficiary spouse may be eligible to apply to become a US citizen if certain conditions are met.     

In order to apply for a green card marriage, the U.S. Citizen or U.S permanent resident marrying a foreign national must submit a green card through marriage petition (I-130)  to USCIS (U.S. Citizenship and Immigration Services) to petition for his/her spouse. The U.S. Citizen petitioning for the spouse is referred to as the petitioner or sponsor, and the immigrant spouse who is marrying a green card holder or U.S. Citizen is referred to as the beneficiary.  

H1B Denial:  At the Immigration Law Office of Los Angeles, attorney Michael Piston has extensive experience in Federal litigation, and can help you overcome the erroneous decision made on your H1b application by filing a Federal Lawsuit and get results by forcing the government to adjudicate cases that have been unlawfully delayed or overturn H1B extensions and H1B transfer arbitrary denials. Federal Court Litigation may be an effective way of resolving the government’s H1B denials and errors.  In well over 90% of the cases we file, the government reverses itself within 2-4 months of the case being filed. 

I 751 Form and I 751 waiver:  If you received your green card by applying to the green card through the marriage process (formally known as Adjustment of Status), and your marriage was less than 2 years when your green card was approved, what you received is a conditional green card, known as CR1 visa (Conditional permanent residency).

The conditional green card is valid for only 2 years. After this period, if you wish to remain as a permanent resident in the U.S. you need to remove the conditions of your green card. This is done by submitting the form I 751 petition to remove conditions on residence. If you successfully submit this form and it gets approved, then you will move from the conditional permanent resident status to the permanent resident status, and your green card will be valid for 10 years. To remove the Green Card conditions you must:

- Submit a Petition to Remove the Conditions on Residence (Form I-751).

- Prove to USCIS that your marriage is a bona fide marriage.

- Submit the application within 90 days prior to your conditional green card expiration date.

- File jointly, meaning that both you and your spouse must file together. Although, if this is not possible, you may still be able to remove the conditions of your residency by filing an I-751 waiver.

Now, what happens when this is not an option? What if due to different circumstances you are no longer together with your spouse? The answer is that you might still be able to remove the conditions of your residency by filing a waiver. There are basically 4 circumstances by which a waiver is possible:  

- Divorce:  If you (the green card applicant) and the U.S. citizen divorce before two years of marriage, you can still file the Form I 751 Petition to Remove Conditions on the green card to continue to live in the U.S. The process will be a little more complicated though since you will have to request for a waiver of the joint filing requirement. In the case of a divorce, your task is to compile substantial documentation showing that the marriage was a good-faith marriage, or bona fide, and was not just an “easy” way to get a green card. This could include proof that you have children together, evidence of shared resources, a family home, shared insurance and estate documents, photographs together, gifts offered, correspondence between the applicant and the U.S. citizen, etc. Another task is to prepare evidence of the reason the marriage ended, to prove it was not your fault. For instance, the applicant can provide evidence of having attempted marriage counseling. Nonetheless, it seems important to mention that it’s best if the divorce took place during your conditional residence. Also, the longer the marriage lasts, the better to prove it was a bona fide marriage. 

- Death of Spouse:  Under the unfortunate event of the U.S. citizen passing away, the applicant may still apply to remove the conditions on his/her green card. In order to do this, the applicant must file the waiver based on the death of the petitioning spouse. If this is your case, you would have to submit a copy of your spouse’s death certificate. On top of this, other evidence is still required, such as evidence of the marriage being a good faith marriage when started.

- An abusive marriage:  If you were a victim of violence, were battered or subjected to extreme cruelty, you can waive the requirement of the joint filing of the I 751 form. In order to submit this waiver, you will have to submit evidence of the abuse. If you ever reported domestic violence events, if you ever made a record of injuries (medical reports for example), these can be used as evidence.

- Extreme hardship if put into removal proceedings:  It applies if you think that by not obtaining permanent residency and being put into removal proceedings (eventually deported) you will face extreme hardship or extenuating circumstances in your home country.

K1 Fiance visa:  A fiancé(e) visa, also known as a K-1 visa is used to bring a foreign fiance to the United States so that the couple can marry and apply for a green card for the foreign partner.  The process for bringing a fiance to the United States involves several agencies from the Department of Homeland Security and the Department of State: (1) United States Citizenship and Immigration Services (USCIS), (2) the National Visa Center (NVC), (3) the U.S. Department of State/U.S. embassy/consulate (DOS), and (4) U.S. Customs and Border Protection (CBP).  The steps you need to follow are: 

Step 1: File fiance visa petition with USCIS

Step 2: Once the petition is approved USCIS sends it to the NVC for further processing and submission of additional required documentation. Once processing is completed the NVC forwards the approved visa petition to the U.S. Embassy or consulate where your fiance will apply for the issuance of the fiance visa. 

Step 3: The U.S. Embassy or consulate schedules the visa interview for your foreign fiance. At the interview, the DOS consular will determine whether your fiance qualifies for the fiance visa. If approved the consular officer will issue the visa.

Step 4: Your fiance enters the U.S. with their visa. The CBP officer at the port of entry might ask your fiance a few questions: such as where they intend to live in the U.S., some questions relating to the U.S. citizen fiance, and the intention to marry within 90 days. The CBP officer will also take your fiance’s fingerprints and sealed documents previously received with the visa issued by the DOS. After the CBP officer finalizes their review, a stamp will be placed in the passport allowing your fiance to stay in the U.S. for 90 days.

Nanny Green Card:  For an application for labor certification to be approved under PERM for Nanny Positions, an Employer must do 6 things:

1. Offer a noncitizen a “permanent” job effective no later than the date the noncitizen becomes a permanent resident.

2. Request a prevailing wage determination (PWD) from the U.S. Department of Labor (DOL). Typically, it takes about 4 months for the DOL to issue a prevailing wage.

3. Endeavor in good faith to recruit a U.S. worker to fill the job offered to the noncitizen by conducting the following recruitment activities: Place a notice describing the job in detail, including the offered wage, for 10 consecutive business days at the place the noncitizen will work (hereinafter “Job Posting). Advertise two times (2x) at a major newspaper (Sunday edition). Place a job order with the State Workforce Agency (SWA) for a minimum of 30 days. In the State of California, the SWA is Caljobs.

4. Prepare a written statement explaining why any U.S. worker who applied (if any) for the job was rejected only for lawful job-related reasons.e) File the application with the ETA Application Center.f) The employer may be required to respond to further requests for documentation of his recruitment efforts to the Certifying Officer. The above will take approximately 3 -4 months from the time we receive the completed questionnaires from you and your prospective employee.

Naturalization:  Naturalization is the process laid out by the United States government, which allows foreign citizens or nationals to obtain U.S. citizenship providing they meet the requirements established in the Immigration and Nationality.  You may qualify for naturalization if you have been a permanent U.S. resident for at least 5 years, or you have been married to a U.S. citizen for at least 3 years, (thus qualifying to file as a spouse of a U.S. citizen), or you have qualifying service in the U.S. armed forces. Providing you meet one of those qualifications, the basic requirements for obtaining naturalization are:

- Having physically lived in the United States for either 2 1/2 years as a permanent resident or 1 1/2 years if married to a U.S. citizen,

- Having not spent more than 12 months (of your 5 years or 3 years) outside the U.S.,

- Having resided at your current address for at least 3 months,

- Being at least 18 years old,

- Being of good moral character,

- Being able to speak, read and write basic English,

- Being able to pass a test showing basic knowledge of U.S. history and government,

- Agreeing to support the Constitution of the United States, and

- Taking an oath of allegiance to the United States.

E-2 visa:  Certain countries have trade treaties with the U.S., which allows for immigration for foreign nationals from these countries to seek a visa. A Treaty Trader can gain an E-2 visa when the individual is involved in substantial trade, such as trade in services or technology between the treaty country and the USA, or involved in the development and direction of substantial capital with regard to trade.  The investment in the U.S. must be substantial. It must be of an amount that is of high enough value to ensure the success of the venture. The venture must be an operating enterprise, not a speculative or non-functioning investment.

O-1 visa: The  O-1 visa is designed for an alien who has extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and their essential support personnel. The alien must demonstrate extraordinary ability by sustained national or international acclaim and must be coming temporarily to the United States to continue work in the area of extraordinary ability. Extraordinary ability means a level of expertise indicating that the person is one of the small percentages who has risen to the very top of the field of endeavor. Regarding the sponsor, any U.S. employer, a U.S. agent, or a foreign employer through a U.S. agent can petition for you. However, the petitioner must at least be in the artist’s field of expertise. This also means that a U.S. citizen, who is in the artist’s field may petition for them as long as there is a legitimate reason why the petitioner requires the artist to work in the United States.

EB-1:  EB-1 is an employment-based, first-preference visa open to those who exhibit extraordinary ability, is an outstanding professor or researcher, or is a multinational executive or manager. Each of these categories is defined as follows:

- Extraordinary Ability: Individuals who qualify demonstrate extraordinary ability in the sciences, arts, education, business, or athletics, and are nationally or internationally recognized. Extensive documentation must be provided as proof of achievements. The offer of employment is not a requisite.

- Outstanding Professor or Researcher: Individuals who qualify are recognized for outstanding achievements in their respective fields, in which they must have at least three years of experience of in teaching or research. In exchange for permanent residency, they must pursue a tenure or tenure track or comparable research position at an institution of higher education.

- Multinational Manager or Executive: Individuals who qualify have been working outside of the United States in a managerial or executive position for at least one.