| |
| |
 |
Practice Overview
The Law Office of Yvette Lopez-Cooper is a full-service
immigration law practice that assists people from
around the world to live, work and visit in the
United States. Our firm provides expertise in immigration
law to individuals, corporations, partnerships,
academic institutions, and non-governmental organizations.
There are numerous legal options that may apply
to an immigration case. A person may immigrate to
the U.S. through her family, employment, as an investor
or, perhaps, through asylum. A business organization
may meet its employment needs by sponsoring and
hiring a foreign national. The Law Office of Yvette
Lopez-Cooper recognizes that each client’s
situation is unique and requires individual analysis.
Immigration law is highly technical and is constantly
changing. For these reasons, we strongly encourage
you to speak to an immigration attorney before making
any decisions regarding your legal matters. The
following summary of our services is to be used
solely for guidance and is not a substitute for
legal advice.
Temporary Visas
For many of the following visa categories, derivative
visas are available for spouses and children.
Visitor and Business (B-1, B-2) Visa
Most people need a visitor visa before they come
to visit the U.S. The visitor visa is issued for
a temporary period. A visitor is not allowed to
work in the U.S. and must keep his foreign residence
abroad in which he intends to return to at the end
of his authorized period.
A person may apply for a business visa if he has
no intention of abandoning his foreign residence
and is coming to the U.S. to conduct business. The
visa is given for a temporary period, generally
30 to 90 days. The visa is applied for at a U.S.
Consulate.
Trade (E-1) and Investors (E-2) Visa
A visa is available for traders and investors pursuant
to a treaty of commerce and navigation between the
U.S. and the foreign country. The visa allows for
trade in services or technology. A person who develops
and directs an operation in which he has invested,
or an enterprise that he is actively in the process
of investing a substantial amount of capital may
also apply for an E visa.
Student (F-1, M-1) Visa
A visa is available for students who have no intention
of abandoning their foreign residence and who are
qualified to pursue a full course of study. The
visa is issued for the period required to allow
students to finish their academic program.
Specialty Occupation/Professional (H-1B) Visa
Job candidates in a “specialty occupation”
(generally, someone with a bachelor’s degree,
or its equivalent) may be eligible for a non-immigrant
visa. H-1B visas are subject an annual limits.
Exchange (J-1, Q-1) Visa
Participants of a U.S. international cultural/educational
exchange program who have no intention of abandoning
their foreign residence may be eligible for an exchange
visa. Persons eligible include students, scholars,
trainees, teachers, professors, research assistants,
specialist or leaders in a field of specialized
knowledge or skill.
Fiancée/Fiancé (K-1) Visa
The fiancée or fiancé of a U.S. citizen
may be eligible for a K-1 visa under the condition
that they marry within 90 days after the fiancée
of fiancée enters the U.S.
Intra-company /Temporary Employment (L-1) Visa
An intra-company transferee visa is available to
transfer a key employee from a foreign corporation
to a U.S. branch, parent, subsidiary or affiliate
entity. The purpose of this visa is to allow for
top-level managerial, executives or specialized
employees to come into the U.S.
Extraordinary Ability (O-1) Visa
Persons who have extraordinary abilities in the
sciences, arts, education, business, or athletics
that have demonstrated national or international
acclaim may qualify for an O-1 visa. In the case
of individuals in the motion picture and television
industry they must demonstrate that their achievements
have been recognized in their field. Persons considering
an O-1 visa must demonstrate extensive documentation
of their extraordinary abilities.
Artist and Athletes (P-1) Visa
Athletes, artists and entertainers may qualify for
a P-1 visa. They must a foreign residence that they
do not intend to abandon upon entering the U.S.
Religious Workers (R-1) Visas
A person who has been member of a nonprofit, religious
denomination for at least two years and who wishes
to come to the U.S. to work as a religious worker
may be eligible for the R-1 visa.
NAFTA Visas (TN-1, TN-2) for Nationals of Canada
and Mexico
Nationals of Canada and Mexico may apply for a visa
pursuant to the NAFTA under specific requirements.
Lawful Permanent Resident (“LPR”)
Lawful permanent resident cards are issued to individuals
on a permanent basis. A lawful permanent resident
has the right to live and work in the U.S. provided
that he or she does not commit a deportable offense.
A lawful permanent resident is not allowed to vote
in the U.S.
Family Sponsored Immigration
A U.S. citizen or a lawful permanent resident can
sponsor her close family member for permanent residence.
A U.S. citizen can sponsor her spouse, parent (only
if the U.S. citizen is over 21), children, and siblings.
A lawful permanent resident can sponsor her spouse,
minor children and adult unmarried children.
Employment-Based Immigration
There are five types of business immigrant visas.
A U.S. employer must sponsor the individual and
must demonstrate a need for the employee. Under
limited circumstances, a person can self-petition
if he meets the requirements for “extraordinary
ability” or if their presence in the U.S. would
be in the “national interest.” Each category
is subject to an annual cap and per country cap.
Other Services
Deportation Defense
A person can be placed into proceedings before a
U.S. Immigration Judge if he enters the U.S. without
being inspected by an Immigration Officer, if he
is present in the U.S. without having been properly
inspected or if he commits an offense that renders
him deportable (i.e. drug offenses, theft offenses,
etc.). The individual has a right to select an attorney
of his own choosing (the government does not provide
an attorney); to review the charges against him;
to review the government’s evidence and he
also has the right of cross-examination. During
this period, an individual may be detained; however,
he may be eligible for a bond hearing. Our firm
has experience in handling all aspects of immigration
proceedings.
Asylum
A person who is in the U.S. may qualify for asylum
if she has a “well-founded” fear of persecution
on the basis of at least one of the grounds enumerated
by the U.S. Congress: race, religion, membership
in a social group, political opinion or national
origin. A person outside the U.S. may be admitted
to the U.S. as a refugee on one of the five statutory
grounds.
Citizenship and Naturalization
A person may be naturalized as a citizen of the
U.S. upon filing an application after five years
of lawful permanent resident (or three years, in
the case of person married to a U.S. citizen). The
applicant must demonstrate an understanding of the
English language and of U.S. government and history.
The person must also show that she is a person of
good moral character. Certain individuals over the
age of 50 may be exempt from some requirements.
Persons born abroad to U.S. citizens may qualify
for derivative citizenship. Naturalization may also
be acquired through certain service in the armed
forces.
International Adoptions
IRCA and I-9 Compliance for U.S. Employers
Diversity Lottery
Temporary Protected Status
To assist countries that are suffering from national
disasters, armed conflicts or extraordinary conditions,
the U.S. allows nationals from those countries to
be given temporary protected status in the U.S.
Although individuals under the TPS program are provided
work authorization, TPS status will not lead to
permanent residency. In the past, designated countries
have included Honduras, El Salvador, Nicaragua,
Sudan and Somalia. |
| |
|
|
|
 |
|
