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Willy, Nanayakkara & Goins is ready to fulfill all of your immigration needs. To schedule a consultation or to pre-register for services under the Obama Executive Order plan please fill out the appointment forms below.

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SERVICES

Our firm offers the full complement of immigration services. We handle everything from business immigration to family immigration to immigration related litigation, and also consular processing, asylum, citizenship, and counseling on general immigration matters.

OUR SERVICES

Investor Visas

Please note the below summaries do not address every facet of a particular immigration process and are for educational purposes. For more detailed analysis of the laws and regulations as they affect your case, contact us today.

EB-5 Investor Visa

The EB-5 visa for Immigrant Investors is a visa which provides a method of obtaining a green card for foreign nationals who invest money in the U.S. To obtain the visa, individuals must invest $1,000,000 (or at least $500,000 in a “Targeted Employment Area,” an area of high unemployment or a rural area), creating or preserving at least 10 jobs for U.S. workers excluding the investor and their immediate family. Investments can be made directly in a job-generating commercial enterprise (new, or existing – “Troubled Business”), or into a “Regional Center,” which is a 3rd party-managed investment vehicle, which assumes the responsibility of creating the requisite jobs.

If the foreign national investor petition is approved, the investor and their dependents will be granted conditional permanent residence valid for two years. Within the 90 day period before the conditional permanent residence expires, the investor must submit evidence documenting that the full required investment has been made and that 10 jobs have been maintained, or 10 jobs have been created or will be created within a reasonable time period. If approved, they will gain lawful permanent residence status.

E-2 Treaty Investor

The E-2 Investor Visa allows an individual to enter and work in the U.S. based on an investment (typically between $50,000 and $150,000) they will be controlling, while inside the U.S. This visa must generally be renewed every five years, but there is no limit to how many times an investor can renew. The investment must be “substantial.”

For new startups, the investment must be large enough to start and operate the business. The amount of investment varies on the type of business. The investment will not be considered substantial if it is not large enough to capitalize the venture.

Upon conclusion of the business, investors must return to their countries of origin, or change their status. The holder of an E-2 visa may leave the U.S. at any time.

Dependent spouses of E-2 Treaty Investors are eligible for work authorization.

Investor visas are available only to treaty countries.

For more information on these investor visas, as well as other visas which may be available, contact us today.

Work Visas

Please note the below summaries do not address every facet of a particular immigration process and are for educational purposes. For more detailed analysis of the laws and regulations as they affect your case, contact us today.

H-1B Visa

The H1B visa permits a foreign national to work in the United States for a temporary period. It is available for offers of employment that are in a “specialty occupation.” A person may hold H-1B status for a maximum of six years, and it may be issued in increments of up to three years by the USCIS.   An employee may receive extensions of H-1B status beyond six years in certain circumstances, if they are in the process of applying for employment-based permanent residence. H-1B visas are numerically limited, with only a certain number visas available each fiscal year.

L-1 Visa

The L-1 intra-company transferee classification is appropriate for the transfer of certain types of employees within multinational companies. This category permits a U.S. company to temporarily transfer employees from a properly affiliated foreign company. The employee must be offered employment in either an executive or managerial position or in a “specialized knowledge” position to qualify for this classification. To be eligible to file an L-1 petition, a qualifying relationship must exist between the U.S. company and the foreign company. Qualifying relationships include parent company, branch, subsidiary or affiliate. The transferred employee must have been employed by the foreign affiliate for at least one continuous year within the three years prior to coming to the United States. Executive or managerial transferees are given the L-1A designation. Specialized knowledge transferees are given the L-1B designation. Certain employers may be eligible to file “blanket L-1” petitions with the USCIS, rather than filing individual petitions for each employee.

F-1 Visa

The F-1 visa classification is given to academic students entering the U.S. temporarily for the purpose of pursuing a full course of study at an accredited school or university. Please note that only certain F-1 visa holders are allowed work authorization.

There are many other forms of work visas available, such as O visas for workers with extraordinary ability, H-2B temporary workers, J-1 exchange workers, R religious workers and the TN category for citizens of Mexico and Canada. For more information these visas, as well as other potential options, contact us today.

Family Visas

Please note the below summaries do not address every facet of a particular immigration process and are for educational purposes. For more detailed analysis of the laws and regulations as they affect your case, contact us today.

Visitor visas

A B visa is one of a category of visas issued by the U.S. government to foreign nationals seeking entry for a temporary period. The two types of B visa are the “B-1 visa,” issued to those seeking entry for business purposes, and the “B-2 visa,” issued to those seeking entry for tourism or other non-business purposes. In practice, the two visa categories are often combined together and issued as a “B1/B2 visa” valid for a temporary visit for either business or pleasure, or a combination of the two. The validity periods for visitor visas vary by country.

Form I-130

Form I-130 is the used when an individual who wishes to immigrate to the U.S. with the help of a family member. The petition is filed either by a U.S. citizen or lawful permanent resident relative. Upon approval, the foreign national must wait until a visa number is available before completing the next step, either consular processing or filing Form I-485. For more information on obtaining a green card, see the “Green Card” link on our home page or click here (link to Green Card page).

K-1 Fiancé(e) visa

The fiancé(e) K-1 visa is available for the foreign-citizen fiancé(e) of a U.S. citizen. The K-1 visa permits the foreign national fiancé(e) to travel to the U.S. and marry his or her U.S. citizen sponsor within 90 days of arrival. The foreign national will then apply for adjustment of status to a permanent resident. Eligible children of K-1 visa applicants receive K-2 visas.

There are many other forms of family visas and petitions which may be available to you. For more information, contact us today.

Waivers for Physicians

Most physicians who are receiving medical education and training in the United States hold J-1 exchange visa status. Majority of J-1 visa holders, especially physicians, are subjected to a two year foreign residency requirement. This means that these physicians or commonly known as Foreign Medical Graduates (FMGs) are ineligible to apply for non-immigrant visas such as H-1B or Green Card unless he or she resides in his or her home country for at least two years upon completion of the J-1 exchange visitor program.  However, this two year home country residency requirement can be waived through three methods for FMGs. Most commonly used waiver option is FMG’s undertaking to serve a certain amount of time in a designated medical facility or area. Our law firm is specialized in navigating through this complex area of the Immigration and Nationality Act.  For more details about these options please contact our office.

Green Cards

Please note the below summaries do not address every facet of a particular immigration process and are for educational purposes. For more detailed analysis of the laws and regulations as they affect your case, contact us today.

Obtaining lawful permanent residence can come through many avenues, the most common being family-based petitions or employment based petitions

Employment-based green card

A green card, known as lawful permanent residence, may be gained through a range of employment-based (or “EB”) immigration options. Many of the EB options require the sponsorship of a U.S. employer. The employer must intend to hire the foreign national on a long-term basis for a position that is not considered temporary. The employer must obtain approval through the U.S. Department of Labor and/or the USCIS, depending upon the type of case being filed. In some EB categories, the foreign national may file a self-sponsored petition.

Most EB cases require three separate stages: (1) the PERM labor certification process; (2) filing of an immigrant petition (Form I-140) with the USCIS by the employer; and (3) the foreign national applying for either for adjustment of status (through Form I-485) to permanent residence or for consular processing for an immigrant visa. This process takes time, especially in regard to waiting for a priority date to become current (if applicable).

In order to determine which options are available to you, contact us today for assistance with the employment immigration process.

Family-based green card

Family-based immigrant petitions are filed by either U.S. citizens or permanent residents. The term immediate relative applies to limited relatives of U.S. citizens, including spouses, parents, and children under age 21. Further rules apply for spouses of U.S. citizens if marriage is less than two years in duration. The term “preference relative” applies to certain other relatives of U.S. citizens and permanent residents. Preference relatives include: married and unmarried sons and/or daughters (over 21) of U.S. citizens; brothers and/or sisters of U.S. citizens. Also included as preference relatives are: spouses, minor children, and unmarried sons and/or daughters (over age 21) of U.S. permanent residents. Preference relatives cannot obtain permanent residence until their priority dates are current.

Immediate relatives do not face waiting times for visa availability. Immediate relatives in the U.S. may qualify to file Form I-485 concurrently with Form I-130 to adjust status. Preference relatives often face very long waiting times after the approval of Form I-130, due to strict annual limits on permanent immigration benefits. The length of the wait depends upon which family preference category is appropriate, as well as the country of origin.

There are numerous ways you may be eligible for a green card in the U.S. Contact us today for assistance.

Naturalization

Please note the below summaries do not address every facet of a particular immigration process and are for educational purposes. For more detailed analysis of the laws and regulations as they affect your case, contact us today.

U.S. Citizenship

U.S. citizenship is obtained by birth, derivation or naturalization. Citizens may live and work in the U.S. permanently, and cannot lose their citizenship by extended travel abroad. U.S. citizens have many benefits and privileges, such as voting in U.S. elections. U.S. citizens may petition for the permanent resident status of their parents, spouses, children and siblings.

Requirements to become a citizen based on permanent residence

  • Five years in permanent resident status; or three years as a permanent resident if married to a U.S. citizen.
  • Physical presence, continuity of residence, and good moral character standards.
  • Satisfactory test results in U.S. government, history, and civics, as well as the ability to speak, read, and write English. Some exceptions to the testing requirements, however, do exist based upon age and duration of permanent residency, as well as medical limitations.

Start you studies for naturalization

Take a practice test

For more information on becoming a U.S. citizen, contact us today.

Please note the below summaries do not address every facet of a particular immigration process and are for educational purposes. For more detailed analysis of the laws and regulations as they affect your case, contact us today.

U.S. Citizenship

U.S. citizenship is obtained by birth, derivation or naturalization. Citizens may live and work in the U.S. permanently, and cannot lose their citizenship by extended travel abroad. U.S. citizens have many benefits and privileges, such as voting in U.S. elections. U.S. citizens may petition for the permanent resident status of their parents, spouses, children and siblings.

Requirements to become a citizen based on permanent residence

  • Five years in permanent resident status; or three years as a permanent resident if married to a U.S. citizen.
  • Physical presence, continuity of residence, and good moral character standards.
  • Satisfactory test results in U.S. government, history, and civics, as well as the ability to speak, read, and write English. Some exceptions to the testing requirements, however, do exist based upon age and duration of permanent residency, as well as medical limitations.

Start you studies for naturalization

Take a practice test

For more information on becoming a U.S. citizen, contact us today.

Naturalization

Please note the below summaries do not address every facet of a particular immigration process and are for educational purposes. For more detailed analysis of the laws and regulations as they affect your case, contact us today.

U.S. Citizenship

U.S. citizenship is obtained by birth, derivation or naturalization. Citizens may live and work in the U.S. permanently, and cannot lose their citizenship by extended travel abroad. U.S. citizens have many benefits and privileges, such as voting in U.S. elections. U.S. citizens may petition for the permanent resident status of their parents, spouses, children and siblings.

Requirements to become a citizen based on permanent residence

  • Five years in permanent resident status; or three years as a permanent resident if married to a U.S. citizen.
  • Physical presence, continuity of residence, and good moral character standards.
  • Satisfactory test results in U.S. government, history, and civics, as well as the ability to speak, read, and write English. Some exceptions to the testing requirements, however, do exist based upon age and duration of permanent residency, as well as medical limitations.

Start you studies for naturalization

Take a practice test

For more information on becoming a U.S. citizen, contact us today.

Please note the below summaries do not address every facet of a particular immigration process and are for educational purposes. For more detailed analysis of the laws and regulations as they affect your case, contact us today.

U.S. Citizenship

U.S. citizenship is obtained by birth, derivation or naturalization. Citizens may live and work in the U.S. permanently, and cannot lose their citizenship by extended travel abroad. U.S. citizens have many benefits and privileges, such as voting in U.S. elections. U.S. citizens may petition for the permanent resident status of their parents, spouses, children and siblings.

Requirements to become a citizen based on permanent residence

  • Five years in permanent resident status; or three years as a permanent resident if married to a U.S. citizen.
  • Physical presence, continuity of residence, and good moral character standards.
  • Satisfactory test results in U.S. government, history, and civics, as well as the ability to speak, read, and write English. Some exceptions to the testing requirements, however, do exist based upon age and duration of permanent residency, as well as medical limitations.

Start you studies for naturalization

Take a practice test

For more information on becoming a U.S. citizen, contact us today.

Removal proceedings

Please note the below summaries do not address every facet of a particular immigration process and are for educational purposes. For more detailed analysis of the laws and regulations as they affect your case, contact us today.

Removal proceedings

Removal proceedings are administrative proceedings to determine a foreign national’s removability under U.S. immigration law and conducted in an Executive Office for Immigration Review court.

There are two main aspects to removal proceedings, the Master Calendar hearing and the Individual hearing.

Master Calendar hearing:

A foreign national may be represented by an attorney of his/her choosing in removal proceedings. As the first hearing, known as the Master Calendar hearing, the foreign national will be expected to answer the charges against him/her by pleading to the factual allegations and charge of removability contained in the Notice to Appear. Thereafter, if the foreign national is eligible to apply for any relief from removal (such as asylum, withholding of removal, cancellation of removal, among others forms of relief), they may request such relief and file any applications required for the relief.

Individual hearing:

At the final merits hearing, also known as the “Individual hearing,” the foreign national can present documentary evidence for the court’s consideration. He/she may also testify in support of the application for relief, and may call witnesses. The Department of Homeland Security also questions the respondent and witnesses, and DHS may also call its own witnesses in some cases. At the conclusion of the hearing, the immigration judge issues a decision.

Removal proceedings can be a scary time and result in deportation from the U.S. To determine if you have relief from removal available in your case, contact us today.

Other Services

Please note the below summaries do not address every facet of a particular immigration process and are for educational purposes. For more detailed analysis of the laws and regulations as they affect your case, contact us today.

Our office offers a range of other services related to immigration, federal representation, criminal representation and more. A few of our additional services are listed below. Schedule an appointment today to see if we can help you in any way.

U visa for crime victims

U visas give victims of certain crimes temporary legal status and work eligibility in the U.S. for up to four years. The U visa is a nonimmigrant visa and only 10,000 U visas may be issued every fiscal year. Family members may also be included on the petition including spouses, children, unmarried sisters and brothers under 18, mothers, fathers, as well as stepparents and adoptive parents. An approved U visa petition will automatically grant the applicant work eligibility in the United States.

Border assistance

Our office has experience in assisting foreign nationals during their admission to the U.S. from one of the many land borders or airport processing locations around the U.S. If you are a Canadian citizen or Mexican citizen with a valid passport who needs help entering the U.S. as a temporary visitor or on any other visa, we can assist you at the port of entry.

I-601 and 601A Waivers

If you are inadmissible to the U.S. and are seeking an immigrant visa, adjustment of status, certain nonimmigrant statuses or certain other immigration benefits, you must file this form to seek a waiver of certain grounds of inadmissibility, known as Form 601. Additionally, if you entered the U.S. illegally and meet certain requirements, you may be eligible for a newer waiver known as Form 601A. Our office will need to analyze you case to determine which waiver is available for you.

Find out how we can help you today. Contact us for more information.