United States Immigration

- United States Immigration-

YOUR U.S. IMMIGRATION LAWYER LOCATED IN WINDSOR

Work and live in the United States with help from a highly-skilled immigration lawyer in Windsor. Scarfone Law Firm offers a range of legal services for business and individuals to make the transition to work or to live in the United States. To learn how we can play a critical role in your smooth transition to U.S. temporary residence, permanent residence and citizenship, call today.

MARRIAGE AND FIANCÉ VISAS

If you would like to apply for Canadian Marriage and Fiancé Visa, please click here.

Immigrant Visa (IV) 

An alternative to the K-3 visa is to bypass the adjustment of status stage of the application process. With an immigrant visa you enter the United States and become a permanent resident or conditional permanent resident upon your first entry as you are in possession of the immigrant visa. This is a multi step process dealing with the USCIS, the Department of State and your U.S. Consulate in your country. This process is very complex and great care must be taken to avoid delays or rejection of your application.

Adjustment of Status

Upon entry under the K visa program, the next step would be to adjust one's status from that of a non-immigrant to an immigrant. As well, there are times when a person who marries a U.S. citizen and is already in the U.S. will be able to apply to adjust without traveling overseas for a visa. This process is complex and can be confusing. Close attention must be taken to the proper filing of all applications.

K1

The K-1 is meant for fiancés of U.S. citizens (and children unmarried and under 21 years of age called K-2’s) who reside outside the U.S. Once the visa is issued overseas, the holder of the visa will travel to the U.S. and get married within 90 days of entering. Processing times vary but a K-1 visa is usually issued in 10 months to one year. Upon marrying the next step, adjustment of status, can take six months to one year. If you do not get married within 90 days, you must leave the US and apply from outside.

K3

The K-3 is for foreign persons already married to a U.S. citizen or permanent resident and are submitting a petition which in many ways is like the K-1 petition. (The K-4 is for children who are unmarried and under 21 years of age. The applicant may seek entry into the U.S as a visitor while awaiting the approval of their K-3 petition, or K-1 petition, but this is at the discretion of the reviewing officer at the port of entry or the visa issuing office where they live.

Important Note 

Each of the above application processes are intricate in nature and require accurate completion of the required documents and a thorough understanding of the applicable immigration laws and processes in your fact situation. Errors in the interpretation of the law can result in a denial or extensive delays in the approval of the application and visa issuance.

WAIVERS OF INADMISSIBILITY

A Waiver is used for persons who cannot enter the U.S. because they have a criminal record or were deported from the U.S., amongst other infractions. In order to be allowed to go back to the U.S. as a visitor or a worker, a person who is inadmissible must receive an I-192 Waiver of Inadmissibility (possibly an I-212 Waiver). Such applications can be difficult and require an understanding of U.S. immigration law to be able to present a strong case for consideration by the Admissibility Review Office. Processing times vary depending on the severity of the infraction(s) but can take between 4 months up to more than one year. Such non-immigrant waivers are not permanent and renewals are required.

NON-IMMIGRANT WORK VISAS

L-1A Intra-Company Transfer
This temporary work visa is meant for key employees of international companies looking to be transferred to the U.S. location where they will continue their work in the same capacity and with the same company. It is also suitable for key employees working for international companies who will go to the U.S. to open a new branch, affiliate, or subsidiary of the company. There are numerous requirements that must be met in order to qualify under this category and is a complex process.

Some requirements are:

◆ Must have been continuously employed full time for 1 year within the preceding 3 years in the capacity of either a manager, executive or specialized knowledge worker.
◆ Must be maintaining the same position at the new location throughout the term of the visa.
◆ There must be a qualifying corporate relationship between the foreign company and the U.S. company such as a parent and subsidiary, parent and branch or affiliates to name a few.

If you are coming to establish a new U.S. location, the visa is usually granted for a period of 1 year. A total of 5 years can be obtained by an employee possessing specialized knowledge and up to 7 years for managers or executives. It is possible to obtain extensions beyond the maximum limits if you are entering to work intermittently.

USMCA, formerly the NAFTA TN Work Permit (TN "Visas")

The "TN Visas" are for citizens or nationals of Canada and Mexico who wish to work in the U.S. in a designated profession. Set out under the USMCA (NAFTA), professionals such as accountants, engineers, medical and health workers, scientists and some teachers are eligible. In most cases a bachelor's degree and/or professional licence is required. 

Examples where no degree is required include scientific technicians or technologists and in some cases, management consultants. Please note that these categories can be very difficult to obtain a work authorization for as the qualifications required for the job and the duties within the job are highly scrutinized by reviewing officers. The standards to be met are set high and only the most qualified persons will be granted a work authorization.

E-1 Treaty Trader Visa

The E-1 visa is a temporary work visa for treaty traders and certain employees of qualifying organizations to go to the U.S. and engage in international trade. Typical types of trade include:

◆ Goods
◆ Services
◆ Banking
◆ Insurance
◆ Tourism
◆ Transport
◆ Technology

To qualify for an E1 visa, the applicant must not only possess the qualifications as listed above, they must also be a citizen of a country that has a treaty with the U.S. for this type of visa. (Also applies to E-2 visas – investors)

In addition, a treaty trader must be coming to the U.S. to conduct substantial trade, principally between the U.S. and the applicant’s country of nationality. Substantial trade is considered to be a continuous flow of sizeable trade items and transactions over time and is not defined by a specific monetary value or volume.

Employees of organizations must be in the capacity of an executive or supervisor and will have ultimate control and responsibility for the organization’s operations. To qualify, the organization must be at least 50% owned by persons with nationality of the treaty country and the applicant.

The applicant may be required to meet certain health and character requirements too.

Spouses and children (under 21 years of age), may apply for an E visa to accompany their spouse or parent to the U.S. They may study in the U.S. but may not undertake any employment without an approved employment authorization.

E-2 Treaty Investor Visa

Very  similar to the E-1 visa, the E-2 investor visa is a non-immigrant visa for individuals who wish to enter the United States "solely to develop and direct the operations of an enterprise in which he/she has invested, or of an enterprise which he is actively in the process of investing, a substantial amount of capital."
(quoted from INA §101(a)(15)(E)(ii))

Both E-1 and E-2 visas are only available to nationals from certain countries holding a treaty of friendship, commerce and navigation or a similar arrangement with the United States.

H-1B Specialized Knowledge Visa

H-1B visas are for specialty occupations in the U.S. Legislation caps the number of H-1B visas issued to 65,000 per year (October 1st - September 30th) and an additional 20,000 visas for foreign nationals holding U.S. advanced degrees.

The Specialty Occupation designation requires theoretical and practical application of specialized knowledge that usually requires a bachelor’s degree or equivalent work experience. Usually specialty occupations include architecture, engineering, math, physics, science, medicine, health, education, business, accounting, law, theology, and arts.

Other U.S. Work Visa Classifications

◆ O: Foreign workers with extraordinary ability or talent
◆ R1: Religious workers to work for non-profit religious organizations
◆ P2: Artist or entertainer to participate in a reciprocal exchange program and perform
◆ P3: Artist or entertainer in a culturally unique program and perform

IMMIGRATING TO THE US?

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