Practice Areas and Legal Definitions



Consular Processing:

If an individual is in another country, he or she may apply for a visa or green card in the U.S. embassy of his or her home country. Atlanta, Georgia immigration lawyer Dale Schwartz is able to facilitate all of the paperwork and applications and contact the consular officers to facilitate approval of the application.

Because Mr. Schwartz has experience working with the various consulates and embassies, he often cures a denial by seeking a waiver, or offer proof that the visa should be granted. When necessary, Attorney Schwartz can travel to foreign embassies and consulates to directly handle problematic situations for clients.

Criminal Deportation/Removal Defense:

Dale Schwartz is a deportation defense lawyer. He represent immigrants in the United States who face possible removal from the U.S. – especially those who have been charged or convicted of a crime and are subsequently placed in deportation or removal proceedings.

Since September 30, 1996, and the passage of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, (Pub. L. No. 104-208, 110 Stat. 3009 “IIRAIRA”), the rights of aliens in the United States have been severely curtailed when past criminal conduct is a factor. Crimes that previously did not cause immigration consequences can now trigger deportation proceedings against an alien. Crimes as serious as murder, and as minor as shoplifting, can result in deportation.

Attorney Dale Schwartz constantly seeks creative solutions to his clients’ deportation problems by staying abreast of new laws and regulations in addition to federal court decisions affecting immigrants. He also vigorously pursues post-conviction remedies in criminal cases to create affirmative defenses from deportation and/or removal, and to allow aliens to qualify for deportation/removal discretionary waivers.

Employment Visas/Labor Certification:

Dale Schwartz routinely handles all matters related to green card applications, labor certification, and PERM applications. He knows that it is critical that each application is meticulously prepared, all deadlines are met, all references are verified, data is exact and everything documented is in accordance with all current laws.

Employment immigration cases can include:

  • PERM Applications
  • E-1/E-2 – Treaty Country Investor Visas
  • EB1 – National Interest Waiver, Alien Of Extraordinary Ability, Outstanding Professor Or Researcher, Multinational Executive
  • EB2 – Member Of Profession Holding An Advanced Degree Or Alien Of Exceptional Ability
  • EB3 – Skilled Worker Or Professional
  • EB4 – Any Other Worker
  • EB5 – Immigrant Investor
  • H-2A – Seasonal Worker Visas
  • H-2B – Other Seasonal Work Visas
  • L-1 – Inter-Company Transferees Visas

Family Based Visas/ Fiancée Visas:

Dale Schwartz has helped numerous fathers, daughters, mothers, son, fiancés and other relatives enter the United States with either an immigrant or non-immigrant visa. He can guide you through the many options that are available, and make certain that the paperwork is all in order so the petition is granted.

For those seeking to bring a fiancé or fiancée to the United States, a K-1 visa application will allow the fiancé(e) to enter the United States. Both parties must be unmarried, legally divorced or annulled, or widowed. The marriage must take place within 90 days of entry into the United States.

I-130 Petition:

An I-130 is a Petition for Alien Relatives and it applies to mothers, fathers, sisters, brothers and children. Parents, spouses and unmarried children under 21 years of age of U.S. Citizens are considered immediate relatives and are not placed under a quota system. The others are placed into preference order which determines who is given priority entry into the United States:

  • First Preference: Unmarried, adult (21 years of age or older) sons and daughters of U.S. citizens
  • Second Preference: Spouses of lawful permanent residents and the unmarried sons and daughters of lawful permanent residents.
  • Third Preference: Married sons and daughters of U.S. citizens.
  • Fourth Preference: Brothers and sisters of adult U.S. citizens.

This process can take a very long time (several years) depending upon the preference ranking. The most current online Visa Bulletin will give those who are waiting an idea of how long they must wait for their immigration application or green card to be granted.

H, L, E Visas:

Non-immigrant work visas (H, L, O, P, Q) require a CIS-approved petition from a U.S. sponsor. Treaty-trader or treaty-investor visas (E1/E2) can be applied for directly by the individual as long as he or she is from a country with which the United States has a treaty.

The most common work-related visas are H-1B Visas and L1 Visas. The H-1B is a way to bring foreign-born professionals to the United States for a period of up to six years. A sponsor is required, and the employment may only start up when the new employee is in the United States. The L1- Visa is for people working for an employer abroad for one year in a related business entity in a manager/executive or specialized knowledge staff capacity, and who will come to the United States to continue providing services for his or her employer.

The paperwork is important, but so is the communication. Dale Schwartz maintains excellent communication and regularly represents employees and employers within the following types of visa filings:

  • B1 Temporary visitor for business
  • B2 Temporary visitor for pleasure
  • B1/B2 Temporary visitor for business or pleasure
  • E1 Treaty trader, spouse and children
  • E2 Treaty investor, spouse and children
  • H1B (petition-based) Temporary worker in a specialty occupation
  • H1C (petition-based) Registered nurses
  • H2A (petition-based) Temporary worker performing agricultural services unavailable in the United States
  • H2B (petition-based) Temporary worker performing non-agricultural services unavailable in the United States
  • H3 (petition-based) Industrial trainee
  • H4 (petition-based) Dependent of H1, H2 or H3
  • L1 (petition-based) Intra-company transferee (executive, managerial, and specialized personnel continuing employment with an international firm or corporation)
  • L2 (petition-based) Dependent of L1
  • O1 (petition-based) Aliens with extraordinary ability in sciences, arts, education, business or athletics
  • O2 (petition-based) Aliens accompanying and assisting the above in a professional capacity
  • O3 (petition-based) Dependent of O1 or O2
  • P1 (petition-based) Athletes and entertainers for a specific competition or performance
  • P2 (petition-based) Athletes and entertainers participating in reciprocal exchange program
  • P3 (petition-based) Artists and entertainers performing under a program that is culturally unique
  • P4 (petition-based) Dependent of P1, P2 or P3
  • Q (petition-based) International cultural exchange visitor

Political Asylum:

Attorney Dale Schwartz also assists those from other countries who apply for political asylum within the Untied States. As of 1996, persons in the United States have one calendar year to apply for political asylum, unless the conditions of the country of persecution change or there are exceptional circumstances. Mr. Schwartz carefully examines every political asylum case to decide whether the case has merit or is frivolous. He will guide the client as to the proper course of action to enhance the claim.

TN Visas:

When the North American Free Trade Agreement (NAFTA) was implemented on January 1, 1994, a category for Mexican and Canadian professionals was created to allow for temporary entry into the United States.

Under the NAFTA, Mexican and Canadian professionals are now eligible for Trade NAFTA (TN) status. Under TN status, Mexican and Canadian citizens in certain professions may enter the United States to work for a U.S. company on a temporary basis. Eligible professionals may also work for Mexican and Canadian companies in the United States.

Professions Qualified For TN Status:

In order to qualify for TN status, the applicant must be intending to be involved in a profession listed in Appendix 1603.D.1 of NAFTA and the applicant must possess the required credentials to be considered a “professional.” In most, but not all of the listed professions, a bachelor’s degree or higher is usually required. However, the list of eligible professions also includes occupations which do not necessarily require a bachelor’s degree as a minimum requirement. Examples of these occupations are management consultants, hotel managers, librarians and graphic designers. The requirements for each of these categories appear in Appendix 1603.D.l of NAFTA.

Take action to protect your rights:

If you or a loved one has an immigration situation in the Atlanta, Georgia area and you need the help of an experienced immigration lawyer, call the attorneys at Schwartz Posel Immigration Law Group today at (770) 951-1100, or complete the contact form provided on this site to schedule your free email consultation.

Back to Top

Contact Us

Contact Us

Schwartz Posel Immigration Law Group
Suite 450 RiverEdge One
5500 Interstate N. Pkwy. NW
Atlanta, GA 30328
Phone: (770) 951-1100
Fax: (770) 951-1113