Immigration law
Immigration is an extremely vast area of law that requires expertise in more ways than the general public can ever imagine. We have summarized below the most common immigration law areas/issues that our clients are more likely to encounter. Green Card Qualification Categories of people who can apply for a green card, to make their home in the U.S. A green card identifies its holder as a U.S. permanent resident, with rights to enter, exit, work, and live in the United States for their entire life -- and to eventually apply for U.S. citizenship. The qualifying categories are stated below.
1. Immediate Relatives of U.S. Citizens Immediate relatives are a priority when it comes to qualifying for green cards and receiving them quickly. This category includes:
2. Other Family Members Certain family members of U.S. citizens or permanent residents are also eligible for green cards -- but not right away. They fall into the "preference categories" listed below, meaning that only a certain number of them will receive green cards each year (480,000). The system is first come, first served -- the earlier the U.S. citizen or permanent resident turns in a visa petition, the sooner the immigrant can apply for a green card. The waits range from approximately four to 24 years in the family preference categories, which include:
Employment First Preference. Priority workers, including:
Employment Third Preference. Professionals and skilled or unskilled workers.
Employment Fourth Preference. Religious workers and miscellaneous categories of workers and other "special immigrants" (described below).
Employment Fifth Preference. Investors willing to put $1 million into a U.S. business -- or $500,000 if the business is in an economically depressed area. The business must employ at least ten workers.
4. Green Card Lotteries: Ethnic Diversity A certain number of green cards (currently 50,000) are made available to people from countries that in recent years have sent the fewest immigrants to the United States.
Green Cards for Your Family: Sponsorship Categories Can relatives come to the U.S.? It depends on how the family member is related.
Many people in the United States have family members living in other countries, and wonder whether they can bring them here. It's a myth that if one immigrant settles in the United States, that one can get green cards (permanent residence) for the whole extended family, and so on. The truth is both more limited and more complex.
Who You Can Help Immigrate You can petition to bring family members to the United States (often called "sponsoring" them) only if you are a U.S. citizen or a permanent resident (green card holder). Even then, you can bring in only certain family members. The Law Offices of Ilu J. Ozekhome can help you identify these family members and assist you throughout the application process.
The family member who you will sponsor will have to go through a multi-step application process. It's your job as a U.S. citizen or green card holder to start the process, by submitting a visa petition.
Types of Nonimmigrant (Temporary) Visas: Who Qualifies? Nonimmigrant visas, such as tourist and student visas, permit you to enter the U.S. for a short time. If you're planning a short trip to the United States, you must, with certain exceptions, obtain a "nonimmigrant" (temporary) visa.
Types of Nonimmigrant Visas You must choose the specific purpose of your trip (such as tourism or going to school) and apply for a specialized visa that authorizes that activity and no other. The various types of Nonimmigrant visas are listed below.
A-1. Ambassadors, public ministers, or career diplomats, and their spouses and children.
A-2. Other accredited officials or employees of foreign governments, and their spouses and children.
A-3. Personal attendants, servants, and employees of A-1 and A-2 visa holders, and their spouses and children.
B-1. Business visitors.
B-2. Visitors for pleasure or medical treatment.
C-1. Foreign travelers in immediate and continuous transit through the U.S.
D-1. Crew members who need to land temporarily in the U.S. and who will depart aboard the same ship or plane on which they arrived.
D-2. Crew members who need to land temporarily in the U.S. and who will depart aboard a different ship or plane than the one on which they arrived.
E-1. Treaty traders working for a U.S. trading company that does 50% or more of its business with the trader's home country, and their spouses and children.
E-2. Treaty investors working for a U.S. company with 50% or more of its investment capital coming from the investor's home country, and their spouses and children.
E-3. Australian professionals coming to the United States to perform services in a specialty occupation (similar to an H-1B, but with a separate allotment of 10,500 visas). Spouses and children may accompany the E-3 visa holder.
F-1. Academic or language students.
F-2. Spouses and children of F-1 visa holders.
F-3. Citizens or residents of Mexico or Canada commuting to the U.S. to attend an academic school.
G-1. Designated principal representatives of foreign governments coming to the U.S. to work for an international organization, and their spouses and children.
G-2. Other accredited representatives of foreign governments coming to the U.S. to work for an international organization, and their spouses and children.
G-3. Representatives of foreign governments and their immediate family members who would ordinarily qualify for G-1 or G-2 visas except that their governments are not members of an international organization.
G-4. Officers or employees of international organizations and their spouses and children.
G-5. Attendants, servants, and personal employees of G-1 through G-4 visa holders, and their spouses and children.
H-1B. Persons working in specialty occupations requiring at least a bachelor's degree or its equivalent in on-the-job experience, and distinguished fashion models.
H-1C. Nurses who will work for up to three years in areas of the U.S. where health professionals are recognized as being in short supply.
H-2A. Temporary agricultural workers coming to the U.S. to fill positions for which a temporary shortage of U.S. workers has been recognized by the U.S. Department of Agriculture.
H-2B. Temporary workers of various kinds coming to the U.S. to perform temporary jobs for which there is a shortage of available, qualified U.S. workers.
H-3. Temporary trainees coming for on-the-job training unavailable in their home countries.
H-4. Spouses and children of H-1, H-2, or H-3 visa holders.
I-1. Bona fide representatives of the foreign press coming to the U.S. to work solely in that capacity, and their spouses and children.
J-1. Exchange visitors coming to the U.S. to study, work, or train as part of an exchange program officially recognized by the U.S. Department of State.
J-2. Spouses and children of J-1 visa holders.
K-1. Fiancés or fiancées of U.S. citizens coming to the U.S. for the purpose of getting married.
K-2. Minor, unmarried children of K-1 visa holders.
K-3. Spouses of U.S. citizen petitioners awaiting USCIS approval of their immigrant visa petition and the availability of an immigrant visa, who'd like to enter the U.S. and apply to adjust status, as a supposedly shorter way through the system. (This visa is almost never used, as it tends to actually save no time and cost more.)
K-4. Unmarried children of K-3 visa holders.
L-1. Intracompany transferees who work as managers, executives, or persons with specialized knowledge.
L-2. Spouses and children of L-1 visa holders.
M-1. Vocational or other nonacademic students, other than language students.
M-2. Spouses and children of M-1 visa holders.
M-3. Citizens or residents of Mexico or Canada commuting to the U.S. to attend vocational school.
N-8. Parents of certain special immigrants.
N-9. Children of certain special immigrants or N-9 visa holders.
NATO-1, NATO-2, NATO-3, NATO-4, and NATO-5. Representatives, officials, and experts coming to the U.S. under applicable provisions of the NATO Treaty, and their immediate family members.
NATO-6. Civilians accompanying military forces on missions authorized under the NATO Treaty, and their immediate family members.
NATO-7. Attendants, servants, or personal employees of NATO-1 through NATO-6 visas holders, and their immediate family members.
O-1. Persons of extraordinary ability in the sciences, arts, education, business, or athletics.
O-2. Essential support staff of O-1 visa holders.
O-3. Spouses and children of O-1 and O-2 visa holders.
P-1. Internationally recognized athletes and entertainers, and their essential support staff.
P-2. Entertainers coming to perform in the U.S. through a government-recognized exchange program.
P-3. Artists and entertainers coming to the U.S. in a group to present culturally unique performances.
P-4. Spouses and children of P-1, P-2, and P-3 visa holders.
Q-1. Exchange visitors coming to the U.S. to participate in international cultural exchange programs.
Q-2. (Walsh visas) Participants in the Irish Peace Process Cultural and Training Program
Q-3. Spouses and children of Q-1 visa holders.
R-1. Ministers and other workers of recognized religions.
R-2. Spouses and children of R-1 visa holders.
S-5. People coming to the U.S. to supply information to U.S. authorities about a criminal organization.
S-6. People coming to the U.S. to provide information to U.S. authorities about a terrorist organization.
T-1. Victims of trafficking in persons.
T-2, T-3. Spouses and children of victims of trafficking.
TN. Trade visas for Canadians and Mexicans.
U-1. People who have suffered "substantial physical or mental abuse" as a result of certain U.S. criminal violations including domestic violence and who are assisting law enforcement authorities.
U-2, U-3. Spouses and children of U-1 visa holders.
V. Spouses and children of U.S. lawful permanent resident petitioners who have already waited three years for the approval of their visa petition or for an immigrant visa to become available, so long as their visa petition was submitted on or before December 21, 2000.
How Long Your Visa Will Last Just as nonimmigrant visas vary in purpose, they also vary as to how long they last. Each nonimmigrant visa is given an expiration date according to what the law allows. Most can also be extended a certain number of times.
An important caution: The expiration date on your visa does not indicate how long you can stay in the U.S. once you arrive. It indicates only the period of time during which you have the right to enter the United States using that visa. How long you can stay is shown by the date on your Form I-94 which may be a small white or green card given to you upon entry or if you entered after April 2013, you can access this record online on the Customs & Border Protection.
If your visa is "multiple entry," however, you can use it to enter the United States again, as soon as you like. If it's not multiple entry, you can use it only once.
Asylum or Refugee Status Asylum and refugee status are special legal protections available to people who have left their home country for their own safety and are afraid to return.
What's the difference between asylum and refugee status under U.S. immigration laws -- that is, who should seek asylum status, and who should seek refugee status? It's simply a matter of where you are when you apply. People outside of the United States must apply for refugee status. People who have already made it to the United States border or the interior (perhaps by using a visa or by entering illegally) can apply for asylum status.
Once granted, both statuses allow you to stay in the United States indefinitely. Asylees and refugees are given permission to work and are allowed to apply for a green card (within one year of either entering the United States as a refugee or being approved for asylum).
But not everyone qualifies for asylum or refugee status. You must meet some strict requirements. You must show that:
U.S. immigration law does not list specific examples of the kinds of persecution that would qualify someone for asylum or refugee status. However, from the law that has been developed through court cases, we know that it can include such acts as threats, violence, torture, inappropriate imprisonment, or denial of basic human rights or freedoms.
Historically, for example, the need for asylum or refugee status has been recognized in situations where a foreign government has:
If You Think You are Eligible for Asylum or Refugee status, contact the Law Offices of Ilu J. Ozekhome for immediate assistance.
1. Immediate Relatives of U.S. Citizens Immediate relatives are a priority when it comes to qualifying for green cards and receiving them quickly. This category includes:
- spouses of U.S. citizens, including recent widows and widowers; also including same-sex spouses, if the marriage is considered legally valid in the state or country where it took place
- unmarried people under age 21 with at least one U.S. citizen parent
- parents of U.S. citizens, if the U.S. citizen child is at least age 21
- stepchildren and stepparents of U.S. citizens, if the marriage creating the stepparent/stepchild relationship took place before the child's 18th birthday, and
- adopted children of U.S. citizens or permanent residents, if the adoption took place before the child reached age 16 and other conditions are met.
2. Other Family Members Certain family members of U.S. citizens or permanent residents are also eligible for green cards -- but not right away. They fall into the "preference categories" listed below, meaning that only a certain number of them will receive green cards each year (480,000). The system is first come, first served -- the earlier the U.S. citizen or permanent resident turns in a visa petition, the sooner the immigrant can apply for a green card. The waits range from approximately four to 24 years in the family preference categories, which include:
- Family First Preference. Unmarried adults, age 21 or older, who have at least one U.S. citizen parent.
- Family Second Preference. Section 2A: Spouses and unmarried children of a green card holder, so long as the children are younger than age 21. Section 2B: Unmarried children age 21 or older of a green card holder.
- Family Third Preference. Married people, any age, who have at least one U.S. citizen parent.
- Family Fourth Preference. Sisters and brothers of U.S. citizens, where the citizen is age 21 or older.
Employment First Preference. Priority workers, including:
- persons of extraordinary ability in the arts, the sciences, education, business, or athletics
- outstanding professors and researchers, and
- managers and executives of multinational companies.
Employment Third Preference. Professionals and skilled or unskilled workers.
Employment Fourth Preference. Religious workers and miscellaneous categories of workers and other "special immigrants" (described below).
Employment Fifth Preference. Investors willing to put $1 million into a U.S. business -- or $500,000 if the business is in an economically depressed area. The business must employ at least ten workers.
4. Green Card Lotteries: Ethnic Diversity A certain number of green cards (currently 50,000) are made available to people from countries that in recent years have sent the fewest immigrants to the United States.
Green Cards for Your Family: Sponsorship Categories Can relatives come to the U.S.? It depends on how the family member is related.
Many people in the United States have family members living in other countries, and wonder whether they can bring them here. It's a myth that if one immigrant settles in the United States, that one can get green cards (permanent residence) for the whole extended family, and so on. The truth is both more limited and more complex.
Who You Can Help Immigrate You can petition to bring family members to the United States (often called "sponsoring" them) only if you are a U.S. citizen or a permanent resident (green card holder). Even then, you can bring in only certain family members. The Law Offices of Ilu J. Ozekhome can help you identify these family members and assist you throughout the application process.
The family member who you will sponsor will have to go through a multi-step application process. It's your job as a U.S. citizen or green card holder to start the process, by submitting a visa petition.
Types of Nonimmigrant (Temporary) Visas: Who Qualifies? Nonimmigrant visas, such as tourist and student visas, permit you to enter the U.S. for a short time. If you're planning a short trip to the United States, you must, with certain exceptions, obtain a "nonimmigrant" (temporary) visa.
Types of Nonimmigrant Visas You must choose the specific purpose of your trip (such as tourism or going to school) and apply for a specialized visa that authorizes that activity and no other. The various types of Nonimmigrant visas are listed below.
A-1. Ambassadors, public ministers, or career diplomats, and their spouses and children.
A-2. Other accredited officials or employees of foreign governments, and their spouses and children.
A-3. Personal attendants, servants, and employees of A-1 and A-2 visa holders, and their spouses and children.
B-1. Business visitors.
B-2. Visitors for pleasure or medical treatment.
C-1. Foreign travelers in immediate and continuous transit through the U.S.
D-1. Crew members who need to land temporarily in the U.S. and who will depart aboard the same ship or plane on which they arrived.
D-2. Crew members who need to land temporarily in the U.S. and who will depart aboard a different ship or plane than the one on which they arrived.
E-1. Treaty traders working for a U.S. trading company that does 50% or more of its business with the trader's home country, and their spouses and children.
E-2. Treaty investors working for a U.S. company with 50% or more of its investment capital coming from the investor's home country, and their spouses and children.
E-3. Australian professionals coming to the United States to perform services in a specialty occupation (similar to an H-1B, but with a separate allotment of 10,500 visas). Spouses and children may accompany the E-3 visa holder.
F-1. Academic or language students.
F-2. Spouses and children of F-1 visa holders.
F-3. Citizens or residents of Mexico or Canada commuting to the U.S. to attend an academic school.
G-1. Designated principal representatives of foreign governments coming to the U.S. to work for an international organization, and their spouses and children.
G-2. Other accredited representatives of foreign governments coming to the U.S. to work for an international organization, and their spouses and children.
G-3. Representatives of foreign governments and their immediate family members who would ordinarily qualify for G-1 or G-2 visas except that their governments are not members of an international organization.
G-4. Officers or employees of international organizations and their spouses and children.
G-5. Attendants, servants, and personal employees of G-1 through G-4 visa holders, and their spouses and children.
H-1B. Persons working in specialty occupations requiring at least a bachelor's degree or its equivalent in on-the-job experience, and distinguished fashion models.
H-1C. Nurses who will work for up to three years in areas of the U.S. where health professionals are recognized as being in short supply.
H-2A. Temporary agricultural workers coming to the U.S. to fill positions for which a temporary shortage of U.S. workers has been recognized by the U.S. Department of Agriculture.
H-2B. Temporary workers of various kinds coming to the U.S. to perform temporary jobs for which there is a shortage of available, qualified U.S. workers.
H-3. Temporary trainees coming for on-the-job training unavailable in their home countries.
H-4. Spouses and children of H-1, H-2, or H-3 visa holders.
I-1. Bona fide representatives of the foreign press coming to the U.S. to work solely in that capacity, and their spouses and children.
J-1. Exchange visitors coming to the U.S. to study, work, or train as part of an exchange program officially recognized by the U.S. Department of State.
J-2. Spouses and children of J-1 visa holders.
K-1. Fiancés or fiancées of U.S. citizens coming to the U.S. for the purpose of getting married.
K-2. Minor, unmarried children of K-1 visa holders.
K-3. Spouses of U.S. citizen petitioners awaiting USCIS approval of their immigrant visa petition and the availability of an immigrant visa, who'd like to enter the U.S. and apply to adjust status, as a supposedly shorter way through the system. (This visa is almost never used, as it tends to actually save no time and cost more.)
K-4. Unmarried children of K-3 visa holders.
L-1. Intracompany transferees who work as managers, executives, or persons with specialized knowledge.
L-2. Spouses and children of L-1 visa holders.
M-1. Vocational or other nonacademic students, other than language students.
M-2. Spouses and children of M-1 visa holders.
M-3. Citizens or residents of Mexico or Canada commuting to the U.S. to attend vocational school.
N-8. Parents of certain special immigrants.
N-9. Children of certain special immigrants or N-9 visa holders.
NATO-1, NATO-2, NATO-3, NATO-4, and NATO-5. Representatives, officials, and experts coming to the U.S. under applicable provisions of the NATO Treaty, and their immediate family members.
NATO-6. Civilians accompanying military forces on missions authorized under the NATO Treaty, and their immediate family members.
NATO-7. Attendants, servants, or personal employees of NATO-1 through NATO-6 visas holders, and their immediate family members.
O-1. Persons of extraordinary ability in the sciences, arts, education, business, or athletics.
O-2. Essential support staff of O-1 visa holders.
O-3. Spouses and children of O-1 and O-2 visa holders.
P-1. Internationally recognized athletes and entertainers, and their essential support staff.
P-2. Entertainers coming to perform in the U.S. through a government-recognized exchange program.
P-3. Artists and entertainers coming to the U.S. in a group to present culturally unique performances.
P-4. Spouses and children of P-1, P-2, and P-3 visa holders.
Q-1. Exchange visitors coming to the U.S. to participate in international cultural exchange programs.
Q-2. (Walsh visas) Participants in the Irish Peace Process Cultural and Training Program
Q-3. Spouses and children of Q-1 visa holders.
R-1. Ministers and other workers of recognized religions.
R-2. Spouses and children of R-1 visa holders.
S-5. People coming to the U.S. to supply information to U.S. authorities about a criminal organization.
S-6. People coming to the U.S. to provide information to U.S. authorities about a terrorist organization.
T-1. Victims of trafficking in persons.
T-2, T-3. Spouses and children of victims of trafficking.
TN. Trade visas for Canadians and Mexicans.
U-1. People who have suffered "substantial physical or mental abuse" as a result of certain U.S. criminal violations including domestic violence and who are assisting law enforcement authorities.
U-2, U-3. Spouses and children of U-1 visa holders.
V. Spouses and children of U.S. lawful permanent resident petitioners who have already waited three years for the approval of their visa petition or for an immigrant visa to become available, so long as their visa petition was submitted on or before December 21, 2000.
How Long Your Visa Will Last Just as nonimmigrant visas vary in purpose, they also vary as to how long they last. Each nonimmigrant visa is given an expiration date according to what the law allows. Most can also be extended a certain number of times.
An important caution: The expiration date on your visa does not indicate how long you can stay in the U.S. once you arrive. It indicates only the period of time during which you have the right to enter the United States using that visa. How long you can stay is shown by the date on your Form I-94 which may be a small white or green card given to you upon entry or if you entered after April 2013, you can access this record online on the Customs & Border Protection.
If your visa is "multiple entry," however, you can use it to enter the United States again, as soon as you like. If it's not multiple entry, you can use it only once.
Asylum or Refugee Status Asylum and refugee status are special legal protections available to people who have left their home country for their own safety and are afraid to return.
What's the difference between asylum and refugee status under U.S. immigration laws -- that is, who should seek asylum status, and who should seek refugee status? It's simply a matter of where you are when you apply. People outside of the United States must apply for refugee status. People who have already made it to the United States border or the interior (perhaps by using a visa or by entering illegally) can apply for asylum status.
Once granted, both statuses allow you to stay in the United States indefinitely. Asylees and refugees are given permission to work and are allowed to apply for a green card (within one year of either entering the United States as a refugee or being approved for asylum).
But not everyone qualifies for asylum or refugee status. You must meet some strict requirements. You must show that:
- You are unable or unwilling to return to your home country for fear persecution or have a well-founded fear that you will be persecuted if you go back.
- That you are being persecuted on account of your race, religion, nationality, membership in a particular social group, or your political opinion.
U.S. immigration law does not list specific examples of the kinds of persecution that would qualify someone for asylum or refugee status. However, from the law that has been developed through court cases, we know that it can include such acts as threats, violence, torture, inappropriate imprisonment, or denial of basic human rights or freedoms.
Historically, for example, the need for asylum or refugee status has been recognized in situations where a foreign government has:
- imprisoned and tortured political dissidents or supposed undesirables
- fired on protesters
- committed genocide against a certain race
- made sure that members of a certain religion were left out of the political process,
- and much more.
If You Think You are Eligible for Asylum or Refugee status, contact the Law Offices of Ilu J. Ozekhome for immediate assistance.