Schwartz Posel Immigration Law Group
Phone: 678-813-1936

Atlanta Immigration Law Blog

What types of workers qualify for employment immigration visas?

Georgia businesses want to be successful financially, and sometimes they need to hire a worker from abroad. Each year in the United States, around 140,000 immigrant visas are given to those with qualifying job skills who want to live and work in the U.S. There are five employment immigration visa preferences. These preferences take into account a worker's education and skills, as well as the sector they are employed in and the position they hold.

The first preference is for workers that have extraordinary abilities in certain fields, such as sciences and the arts, among others. Outstanding researchers and multinational executives also fall under the first preference EB-1 category.

Your options if you disagree with an adjustment of status ruling

Some immigrants living in Georgia or elsewhere in the nation do not have a green card. To remain in the country as a lawful permanent resident, however, they may request an adjustment of status from the U.S. Citizenship Immigration Services. In general, a decision by the USCIS on an application for an adjustment of status cannot be appealed. However, applicants may be able to move the court to either reopen or reconsider the case. It is important to understand what these two terms mean, so that those who find themselves in this situation can make an informed decision.

A motion to reopen involves a review of the decision based on new facts. These facts must not have been included in the denied application. In addition, the new facts must be relevant to the specific issues detailed in the motion.

Things to know about the visa process

If you plan on temporarily residing in Georgia or somewhere else in the United States under a visa status, you will have a lot of paperwork to complete and may have several challenges to overcome, as well. At some point, you'll have to attend an interview. If you are applying for a non-immigrant visa, you may have to establish home ties, meaning convince immigration officials that you have reason to return to your home country.

So many legal obstacles can arise when you apply for or obtain a visa. Even after you acquire a visa, you can still get into trouble -- for instance, if you stay in the United States after your visa's expiration date without taking necessary steps to renew it. That's why it's always a good idea to stay closely connected to someone well-versed in U.S. immigration law.

What visa options are there for family immigration?

Being separated from your family for any length of time can be difficult, especially when that time is compounded by distance. For this reason, a person from abroad will often want to immigrate to the state of Georgia or elsewhere in United States so they can live with their loved ones. To do so, however, the immigrant will need a family-based visa to lawfully reside in the country. There are various types of family-based visas, the availability of which depends on the relationship between the immigrant and the U.S. relative sponsor.

First, there are immediate relative immigration visas. An unlimited amount of these visas can be issued each fiscal year. Spouses of U.S. citizens, unmarried children of a U.S. citizen who are under 21, orphans adopted abroad by U.S. citizens, orphans to be adopted in the U.S. by a U.S. citizen and parents of U.S. citizens age 21 and up may all be eligible to apply for various types of immediate relative immigration visas.

Do I need a job offer for employment immigration?

Some employers in Atlanta and elsewhere in the United States may wish to hire an employee from abroad. For example, they may find that the position they wish to fill is very specialized and there simply aren't any American candidates that qualify for it and are willing to accept the job. Thus, they may wish to sponsor an immigrant for a work visa.

Some types of work visas require that an individual from abroad already have a job offer from an employer in the U.S. In this situation, the sponsor-employer must obtain a labor certificate approved by the U.S. Department of Labor. There are several points that a labor certificate verifies regarding employment immigration.

How can children born or living abroad obtain U.S. citizenship?

Sometimes a child is born to a U.S. citizen abroad or sometimes parents in the U.S. wish to adopt a child from another country. These parents may want to reside in the U.S. with their child. It is important for parents in Georgia to understand how children in such situations can obtain U.S. citizenship.

A child born abroad can automatically become a U.S. citizen in certain situations. First at least one of the child's parents (whether biological or adoptive) must be a U.S. citizen by birth or through naturalization. The child cannot be more than 18 years old and must be a lawful permanent resident of the U.S. Finally, the child must be living in the U.S. under the legal and physical custody of the parent or parents who are a U.S. citizen.

Adjusting your status after marrying a U.S. citizen

Marriage fraud in the U.S. immigration system has always been a problem. In fact, it is one of the most common immigration issues the U.S. Customs and Immigration Services faces. The USCIS has safeguards in place to identify and prevent marriages based on fraud or to remove those who attempt to obtain green cards based on illicit marriages.

If you are seeking a green card based on your marriage to a U.S. citizen, be prepared for a challenging process. You may have to provide extensive documentation to prove that your marriage is genuine and not simply an instrument for obtaining the rights of permanent residency in the U.S.

Court ruling may help those seeking asylum in the U.S.

It can be a terrible thing to fear for one's life or be persecuted in one's own home country, and many people in Georgia can sympathize with those who are in such plights. For these reasons, many refugees choose to leave their country of origin and seek asylum in the U.S. However, being granted asylum is not always as straightforward as it should be.

The 9th Circuit U.S. Court of Appeals has issued a ruling that provides asylum seekers with greater access to U.S. courts if their claim for asylum is initially rejected. In 1996, a law was passed by Congress in which those seeking asylum who failed their initial screening for eligibility at the border could be deported without having a formal hearing to appeal the decision before a judge.

Family immigration can be complicated, but help is available

There are a lot of steps in the immigration process and a lot of requirements to meet. This can especially be true if a family member desires to obtain a visa that will allow them to join a family member who is already a permanent resident or U.S. citizen. Those in Georgia who find themselves in such situations will want to ensure that they do not miss any steps in the family immigration process that could delay their reunification with their loved ones or even lead to an outright denial of a visa.

There are a variety of visas that could be sought for family immigration. Some people seek a K-1 fiancée visa. This visa permits a foreign national engaged to a U.S. citizen to live in the U.S. until the wedding takes place, after which they can apply for a green card. Some people seek a K-2 visa. These visas are meant for children of parents who have a K-1 visa. Some people seek a K-3 spouse visa. This visa permits an alien who is wed to a U.S. citizen to reside in the U.S. while their I-130 petition is being processed. Finally, family-based green cards permit an alien who is sponsored by a relative who is a U.S. citizen or a lawful permanent resident to live in the U.S.

Don't make these mistakes when applying for citizenship

Applying for a green card is the first step to becoming a permanent resident of the United States, and eventually, a U.S. citizen. However, the application process can be daunting and even minor mistakes could delay the approval of an application. Those in Georgia seeking a green card or U.S. citizenship will want to ensure they do not make the following mistakes when completing the documents necessary to achieve their goals.

First, any immigration documents should bear the signature of all applicable individuals. In addition, because the laws and regulations regarding immigration will change from time to time, it is important that applicants file the most recent version of the forms they are submitting to the U.S. Citizenship and Immigration Services.

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Phone: 678-813-1936
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