Our immigration team works with our clients to find cost-effective solutions to their immigration issues.
Immigration legal services we handle include:
K-1 Fiance Visas and CR-1 Marriage Visas
If you wish to marry a foreign national and bring him/her to the US, a K-1 visa allows you to bring him/her to the US to get married within 90 days. A CR-1 visa is available if you marry your fiance in their native country and wish to bring them to the US. There are pros and cons to each process, and an attorney can advise you on the best route for you. Although it is not required to have an attorney to file for these visas, a lawyer can help you avoid denial by demonstrating your relationship is genuine and prevent any mistakes or omissions which could delay your application for extended periods.
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Adjustment of Status / Applying for a Green Card
An adjustment of status allows a foreign national on a visitor visa to apply for a green card without returning to their home country to complete visa processing. A green card, formally referred to as a permanent alien registration card or USCIS Form I-551, gives someone the ability to legally live and work in the US A green card is valid for ten years and may be renewed. A green card holder is eligible to apply for US Citizenship after five years. The two primary ways people are eligible for permanent residency are through a qualifying family relationship, or employment (this requires a sponsoring US company/employer to file an immigrant petition on your behalf). There are a few exceptional cases of eligibility for obtaining permanent residency, including refugee or asylum status. A battered spouse, child, or parent may file a petition for themselves without their abuser’s knowledge under the Immigration and Nationality Act.
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There are several different temporary work visas available for those seeking to enter the US temporarily. A few of these types of work visas are:
- H-1B Visa: An H-1B visa is a non-immigrant visa that allows US companies to employ graduate-level international workers in fields of expertise and positions for which they cannot find enough US workers. This is how companies like Google, Apple, and Facebook get some of their top tech talents.
- H-2 Visas: An H-2B visa is available to foreign workers in non-agricultural fields if there are insufficient numbers of domestic workers to fill positions. These are often used for seasonal jobs at ski resorts, beach resorts or amusement parks.
- B-1 Visa: if you need to travel to the US for a short business purpose, such as attending a conference, settling an estate, negotiating a contract, you may be eligible for a B-1 Visa. The initial period of stay is generally 1-6 months and may be extended for up to 6 months.
- J-Visa: An Exchange Visitor J-Visa allows individuals to come to the US as part of a cultural exchange program. These are available to au pairs, professors, and physicians. Employment is authorized as part of the terms of an exchange program. Spouses and unmarried children are eligible for a J-2 Visa.
Non-citizens who violate the law may be subject to deportation. If you receive an I-862 or Notice to Appear, you are facing removal and must appear before a judge. Bader Scott lawyers can help construct a legal argument to demonstrate how deporting someone facing removal would create significant factors. Proving hardship, such as an aging parent, spouse with health issues, or child with special needs, can persuade a judge to cancel a pending removal and issue a green card. These are difficult cases and experience, and a thorough understanding of procedures, regulations, and applicable statutes is critical.
If you have five years as a permanent resident with a green card, you can apply for naturalization and become a US citizen. If you are married to a US citizen, you may qualify for naturalization after three years. You must satisfy a few eligibility requirements to qualify (See 8 USC § 1427). The application process is lengthy, and there are strict procedural rules you must follow. Because you could be denied citizenship and potentially lose residency status, you should consult an Atlanta immigration lawyer at Bader Scott before applying for naturalization.
In recent years, families escaping gang violence in Honduras, El Salvador, and Guatemala have sought asylum and safety in the US. The right to seek asylum in the US became part of the US immigration law with the passing of the Refugee Act of 1980. Asylum is an option for foreign nationals who have either faced past persecution or fear future persecution related to race or ethnicity, political ideology, sexual orientation, religion, or membership in social groups.
Atlanta immigration lawyers at Bader Scott can guide foreign nationals through the process of filing an Application for Asylum and Withholding of Removal. You can file for asylum at the point of entry when you arrive, or within one year of arrival. You can increase your chances of being granted asylum by working with an attorney to ensure your paperwork is completed correctly and filed.
A U-Visa is a visa available to victims of crime or an attempted crime in the US who meet individual requirements. You must have suffered physically or mentally because of the crime, and must have been helpful to police or law enforcement. You will need to provide a personal statement, some personal documents and forms demonstrating your eligibility. An attorney can be useful for gathering information and documentation from law enforcement and health care providers. If a U-Visa is approved, you will be authorized to work in the US after three years as a U-Visa holder. Then, you may be eligible to adjust status and become a lawful permanent resident.
The Nicaraguan Adjustment and Central American Relief Act was passed in 1997 and allowed a lawful means for certain classes of immigrants to enter and remain in the US NACARA might also be used to challenge removal proceedings. The passage of the law was designed to expedite protected-status applications of individuals who are refugees from certain parts of the world, including Guatemalans, Salvadorans, and former Soviet Bloc and Yugoslavian nationals. The requirements can be confusing, and specific provisions of NACRA have expired. Bader Scott lawyers can help eligible individuals apply for a protected status
Immigration law is complex and continually changing. Bader Scott lawyers are here to help guide you in the right direction and accomplish your goals in your immigration case, whether you are trying to become a citizen, bring a family member to the US, or are facing deportation. We handle family-based immigration cases, deportation, and citizenship, and naturalization cases. Our team stays current on the latest changes in immigration law and stay up to date on policies. No case is too simple or too complicated.
You don’t have to pay us anything to speak with an Atlanta immigration lawyer. We will review your case and determine how we can help you so that you can focus on living your life and not completing paperwork. Call us today to speak with a member of our team.