PHAM & CLOVES, PLLC

Assisting Clients Obtaining O-1 Visas With USCIS or Through U.S. Consular Processing

General Information Regarding O-1 Visas

O-1 Visas are reserved for applicants who have extraordinary ability in the sciences, arts, education, business, or athletics, or those that have achieved extraordinary awards and recognition in the motion picture and television industry. O-1 Visas are approved for an initial 3-year period and can be renewed once a year for a 1-year period. To qualify, the person must demonstrate that he or she has risen to the level of national or international recognition by providing evidence of some national or international award. In lieu of such award, the applicant must have at least 3 of the following:

Although it is not necessary that the O-1 Visa Applicant has all of these credentials, it would be helpful to obtain as much as possible. However, as stated above, in lieu of international recognitions, such as in cases of outstanding athletes, entertainers, and performers, applicants must have at least 3 of the above credentials. In addition, the applicant must also obtain an advisory letter from a professional organization within his or her field, certifying that the Applicant’s level of knowledge and recognition is as someone with extraordinary abilities.

To review the full article and detailed information regarding this legal subject, please visit your website at http://www.immigrantionlawyerssinhouston.com / or  contact our Houston law firm at 713-492-0337. This ar ticle should not be construed as legal counseling. Each legal issue must be reviewed and counseled by an experienced Houston attorney at PHAM & CLOVES, PLLC. Information regarding this particular subject can be found at this specific site ,http://www.immigrantionlawyerssinhouston.com/nonimmigrant-visa.html.Thank  you for visiting out blog page.

U Visas and Victims of Criminal Activity

The Victims of Trafficking and Violence Protection Act of 2000 created U Visas category to protect those that are victims of violence but are afraid to come forward in assisting authorities because of the immigration status. The Act provides for 10,000 U Visas available each year. Further it offers not only protection and temporary benefits to alien victims but is intended to assist law enforcement officials to investigate and prosecute criminal activities.

To be eligible, INA Section 101(a)(15(U) requires that the applicant must show:

The “qualifying criminal activity” could be any one of those that are delineated under the Act, including but is not exclusive to abductions, domestic violence, blackmailing, extortion, false imprisonment, felonious assault, genital mutilation, hostage taking, rape and sexual assaults, incest, involuntary servitude, kidnapping, manslaughter, murder, obstruction of justice, perjury, peonage, prostitution, abusive sexual contact, sexual exploitation, slavery, torture, and trafficking. In addition, the applicant must be a “qualifying victim,” which could be the person who suffered from the direct action of the criminal activity, as well as family members of the deceased victim. Finally, “substantial” physical or mental abuse refers to the harm that may impair the person’s emotion or physical persons. In qualifying the substantiality requirement, the Houston U Visa Lawyers and the U.S. U Visa Victim of Criminal Activities Lawyers will inquire into the nature of the physical or mental abuse, or both. For example, a person that has been locked up forcibly, and was threatened to report to ICE and INS could be construed as substantial mental abuse. The devil is in the details; and thus, our Houston Immigration Lawyers will assist you to narrow down your qualifications.

If approved, U Visa status holder may remain in the United States for up to four (4) years. Like T Visa applicants, eligible family members, such as spouse and unmarried children under 21 of the qualifying applicant who is over 21 years of age may also filed as dependents. If the qualifying applicant is under 21 years of age, spouses, children, unmarried siblings under 18, and parents may also be dependents. Individuals granted U nonimmigrant status would obtain legal status to remain in the U.S. and will also be provided referrals to nongovernmental organizations for assistance and additional resources, and automatic employment authorization.

Green Cards For Victim of Crimes Under U Visa

After the initial four (4) years, the U nonimmigrant alien may apply for adjustment of status to be a green card holder 90 days prior to the expiration of the U Visa status. Further, family members who are qualified as dependents may also file for adjustment of status. However, the applicant must be able to demonstrate that he or she (and the dependents) will face retaliation and would be in danger if they were to return to the home country.

To review the full article and detailed information regarding this legal subject, please visit your website at  http://www.immigrantionlawyerssinhouston.com / or  contact our Houston law firm at 713-492-0337. This ar ticle should not be construed as legal counseling. Each legal issue must be reviewed and counseled by an experienced Houston attorney at PHAM & CLOVES, PLLC. Information regarding this particular subject can be found at this specific site ,http://www.immigrantionlawyerssinhouston.com/nonimmigrant-visa.html.Thank  you for visiting out blog page.

Assisting Clients Obtaining TN-1 Visas Through Border Entry Applications

TN-1 Canadian Professional Specialty Worker Visas

TN-1 Visas are Treaty NAFTA visas created specifically for Canadians who qualified as a “Specialty Occupation” professionals. Qualified applicants may obtain TN-1 status to work in the U.S. by simply filing the application with the U.S. Customs & Border Protection Officer at the Port of Entry (POE). The advantages of TN-1 visas are that there is no annual limit in the number of TN-1 visa. In addition, the process is less burdensome, less costly, and does not require months, or even years, such as H-1B and other categories. An employer who desires to hire a Canadian under TN-1 can realistically expect the potential employee to start within weeks, if not days. The Houston TN-1 Visa Attorneys at Pham & Cloves, PLLC. are experienced with Canadian immigration issues and in filing TN-1 NAFTA Visa applications for Canadian nationals. Please contact one of our Houston TN-1 Specialty Worker Visa Lawyers for a personal consultation.

Traditionally, TN-1 Visas were issued for 1 year periods. At the end of the visa status each year, TN-1 holders must return to the border or at a U.S. or at a POE to get a TN-1 Visa stamp on their passports. Recently, the USCIS has issued new regulations, permitting Canadians to obtain an initial 3-year TN-1 visa and a 3-year extension. The welcoming change will save employers and Canadians time and costs in filing applications. This change also positively affects employer’s ability to file for PERMs and I-140 immigrant petitions under employment-based for employees without having to worry about the 30-60 days issues (aliens that entered the U.S. within 30-60 days may not file for immigrant visa applications). Please contact our Houston Canadian Visa Attorneys and our Houston TN-1 NAFTA Lawyers for more information in filing for a new TN-1 Visa application or renewing your TN-1 Visa status without leaving the U.S.

Requirements and Application Procedures For TN-1 Visas

T Visas Victims of Trafficking

The Trafficking Victims Protection Act of 2000 provides 5000 visas each year who have been trafficking victims to obtain nonimmigrant status and remain here in the U.S. The purpose of the T-1 visa is to protect victims of human trafficking, the sex trade or forced labor, who are physically present in the U.S. as the result of the trafficking process. In addition, immediate family members of the principal applicants may be admitted to the U.S. by showing that they would suffer extreme hardship if they were not allowed to join the applicant. If you think that you may, or someone you know, have been victims of trafficking, including being forced to work in a garment factory, prostitution ring, on a farm, or in a factory/manufacturing plant, please contact the Houston T Visa For Trafficking Victim Attorneys at Pham & Cloves, PLLC.. We can help!

T Visa Requirements

INA Section 101(a)(15)(T) enumerates requirements for T Visa Applicants. To qualify, the applicant must demonstrate that he/she is a victim of “severe trafficking” as defined under 22 U.S.C. Section 7102, including the use of force, fraud, coercion, for sex trafficking and involuntary servitude, peonage, debt bondage, or slavery. Second, the victim must be presently in the U.S. or its territorial jurisdiction. Third, the person must be compliance with local law enforcement authorities in the investigation and prosecution of the perpetrator(s) (not mandatory if the victim is under the age of 18). Finally, the person must show that he or she would surfer “extreme hardship” involving unusual and severe harm if he or she were to be removed from the U.S.

If the victim is 18 but is less than 21 years of age, spouses, parents, children, and unmarried siblings that are under the age of 18 may also be filed as dependents (either in the U.S or with the U.S. Consular office in the home country once the T visa is approved). If the victims are 21 years of age or more, then only spouses and children may be filed as dependents. Children of trafficking victims qualify as “Age Out,” if the trafficking victim’s child turned 21 during the application process (i.e. the child still qualified as a dependent). Further, the annual limitations of 5,000 visas only apply to the principal applicant and do not apply to dependents.

Green Cards For Trafficking Victims

The T-Visa application may not be denied on the basis that the applicant is likely to be a “public charge,” and depends on government assistance. As such, the green card application (Application for Adjustment of Status) may not be denied based on this basis. If approved, the applicant will receive T Visa Status and remain in the U.S. for 4 years. 90 days prior to the expiration of the T-visa, trafficking victims may be able to file for adjustment of status to become a permanent resident and receive green cards. Please contact the Houston T Visa Trafficking Victim Attorneys and the Houston Trafficking Victim Lawyers at Pham & Cloves, PLLC..

To review the full article and detailed information regarding this legal subject, please visit your website at  http://www.immigrantionlawyerssinhouston.com / or  contact our Houston law firm at 713-492-0337. This ar ticle should not be construed as legal counseling. Each legal issue must be reviewed and counseled by an experienced Houston attorney at PHAM & CLOVES, PLLC. Information regarding this particular subject can be found at this specific site ,http://www.immigrantionlawyerssinhouston.com/nonimmigrant-visa.html.Thank  you for visiting out blog page.

Assisting Religious Organizations Sponsoring Qualified Religious Workers

R-1 Religious Worker Visas

Section 101(a)(15)(R) of the Immigration and Nationality Act establishes the requirements for classification as a non-immigrant religious worker. INA Section 101(a)(15(R) is an R-1 nonimmigrant visa in which the foreign national is allowed to enter the U.S. for a maximum of 5 years. This is different from an employment-based immigrant visa under 4th preference in which the foreign national applies for an immigrant visa to permanently reside in the U.S. The Houston R-1 Religious Worker Visa Attorneys and the Houston Texas and U.S. R-1 Nonimmigrant Visa Lawyers have assisted various religious organizations to sponsor foreign priests, monks, and other religious workers to obtain R-1 Visa status. Please contact the Houston R-1 Visa Attorneys at Pham & Cloves, PLLC. for more information.

Under the Act, to qualify as an R-1 religious worker, the sponsoring organization must be a non-profit organization designated by the State and the Internal Revenue Service. In addition, the foreign national must come to the U.S. and work under a “religious vocation” or “occupation.” A religious vocation or occupation denotes that the person is devoting his or her life to the services of that denomination. Although a lay person can be sponsored under R-1 Religious Worker Visas, the person will have to demonstrate that such work would relate to the spiritual aspect of the religion. In addition, the person must have been a member of the denomination for at least 2 years prior to filing applications. R-1 workers can come to the U.S. on an initial 3-year period and can renew once for another 2 year period, totaling 5 years. After the initial 5 years period, the person must either reside in the U.S. permanently under an EB-4 immigrant petition or remain outside the U.S. for at least 1 year prior to reentry.

Finally, spouses and unmarried children under the age of 21 may also accompany the qualifying R-1 religious worker as an R-2. R-2 dependants are not allowed to obtain employment authorizations.

Who May Qualify As a Religious Worker?