Citizenship / Naturalization

An Immigration Lawyer will make your citizenship process easier and more efficient by submitting the required documents on your behalf without errors which can delay the citizenship process.

The road toward American citizenship is often long and challenging. To apply for citizenship, you must satisfy one of the following conditions:

• Have a Green Card and have lived in the United States for 5 years
• Have Asylum status and have lived in the United States for 4 years
• Be married to a U.S. citizen and have lived in the United States for 3 years
• Have served in the United States military and have been in the United States for 3 years

In addition, you must pass a test to demonstrate you understand American History, and are able to speak, read and write English. While it is possible to become a U.S. citizen without going through naturalization, these exceptions usually only apply to children. For example, children born on foreign soil can often gain citizenship more quickly and through a different process if their parents are already U.S. citizens.

Fiancé & Marriage Visas

K1 Visa: the Fiancé Visa

The K1 Visa permits a U.S. citizen to bring their fiancé to America for 90 days, during which time the two engaged individuals must get married. If they do not get married within 90 days, the fiancé must return to their home country.

K3 Visa: Visa for Spouses

The K-3 Visa permits a U.S. citizen to apply for a visa for their spouse. The K-3 Visa process is time-consuming and involves collecting a lot of paperwork, including obtaining and, if necessary, translating, many documents such as birth records, marriage records, police records, and vaccination records.

The legal requirements of the marriage visa process can quickly become a burden. An experienced Immigration Lawyer will make the marriage visa process straightforward and can help a married couple achieve their immigration goal. In addition, an Immigration Lawyer can add value when issues arise such as miscommunication with immigration officials and missing documentation.

Student & Work Visas

F-1 Visa: The Student Visa

Students who are coming to the United States are permitted to apply for a F-1 Visa provided they meet the following requirements:

• Student must must have a foreign residence and does not intend to abandon their foreign residence
• Student's sole purpose must be to study in the U.S.
• Student is qualified to pursue a full course load at their educational institution

Work Visas

Individuals who would like to live and work in the United States are permitted to apply for a Work Visa as depending on the type of work they desire and the length of employment. Hiring a Rochester Immigration Lawyer can make the Work Visa process more efficient.

There are several types of Work Visas, examples include:

• H1B Visa (Specialty Workers): Permits individuals with specialized skills to work in America on a temporary basis. Only certain specific foreign workers are eligible, and the employer must petition the United States Citizenship and Immigration Services and the United States Department of Labor to obtain a H1B Visa.
• H2B Visa (Temporary Skilled or Unskilled Workers): Permits individuals to work in non-agricultural temporary jobs such as those in the tourism and hospitality industry, on a temporary basis (normally one year).
• L1 Visa (Intracompany Transferees): Permits key employees of foreign companies to work in the United States provided certain requirements are satisfied.
• TN Visa (Treaty NAFTA): Permits Canadian and Mexican individuals who have a written job offers to work in the US on temporary basis for one to three years.

Hardship Waivers & Asylum

Hardship Waivers

Individuals who entered the United States illegally, or who overstayed in the United States illegally, or who have criminal convictions may qualify for a hardship waiver.

To obtain a hardship waiver, an applicant must have a U.S. citizen family member who will experience an extreme hardship. To be successful, a hardship waiver will require proof that a family member is suffering from a serious medical condition, financial hardship, debt burdens, and/or a burden on children adjusting to where the applicant would be removed.

Asylum

Individuals who fear persecution in their home country and are seeking asylum or refugee status can petition for residency in the U.S. The individual's fear must be well-founded and based upon persecution on account of race, religion, nationality, political opinion or membership in a group. An individual can apply for Refugee status if they are currently located outside of the U.S., or for Asylum status if they are currently within the U.S. Individuals seeking protection under the Asylum status should apply within one year of entering the United States.

Complex Immigration

Notice of Intent to Deny (NOID)

Immigration applications (for Green Cards, Visas, a change in status, etc.) are sent to U.S. Citizenship and Immigration Services (USCIS). When your application is being reviewed, USCIS may determine that you have not fulfilled proper status requirements, there are questions with your background check, you haven’t supplied sufficient evidence to support your claims, or any number of similar reasons that may lead to a denial of your application. If you receive a NOID, you will have 30 days to respond; if you don’t respond within that time frame, your application will most likely be denied. However, a NOID can be successfully rebutted – especially with the help of an immigration attorney.

Request for Evidence (RFE)

The USCIS may decide to issue a Request for Evidence (RFE) instead of a NOID if it is determined that information was inadvertently left out of an application or supporting evidence is insufficient. An RFE does not mean that USCIS is preparing to deny an application. However, it is necessary to respond to the request promptly (usually between 30 and 90 days).

You don’t have to respond to an RFE by yourself; an immigration attorney can help ensure you respond with all the required information within the requested time frame to receive the best possible outcome.

Border Issues

Border issues arise when an individual seeking entry into the United States is refused based on any number of reasons, such as insufficient or outdated paperwork, convictions or recent legal issues in the individual’s history. If you encounter problems when seeking entry into the U.S., an immigration attorney can help you understand the border issues and your best course of action.