San Jose Immigration Lawyer 

Thinking about living in the US permanently or for an extended amount of time, at least? An immigrant visa could be right for you. Depending on your circumstances and goals, you may be eligible for any of the following immigrant visas within their corresponding visa categories (in parenthesis): 

Immediate Relative and Family Sponsored Visas

• Spouse of a US Citizen (IR1, CR1)
• Spouse of a US Citizen Awaiting Approval of an I-130 Immigrant Petition (K-3)
• Fiancé(e) to Marry US Citizen and Live in the US (K-1)
• Intercountry Adoption of Orphan by US Citizens (IR3, IH3, IR4, IH4)
• Certain Family Members of US Citizens (IR2, CR2, IR5, F1, F3, F4)
• Certain Family Members of Lawful Permanent Residents (F2A, F2B)

Other Immigrants 

• Returning Resident (SB)

It’s important to mention that the list above does not include ALL immigrant visas available in the US. You should speak with your attorney to understand which immigrant visa and visa category you qualify for before continuing with the application process. 

Non-Immigrant Visas

Countless people visit the US temporarily, whether it be to visit for pleasure, play sports, work, attend school, conduct business, and more. Since you are not looking to permanently immigrate to the US, a non-immigrant visa might be your best option. The type of non-immigrant visa you qualify for depends on your purpose of travel. There are many reasons to travel to the US, such as:

You Are a Certain Victim of a Crime (U Visa)

Certain individuals who have been victims of crimes may be eligible to apply for a temporary U visa. The victim will file Form I-918 and may include qualifying family members in the application. Some sample criminal acts that may qualify a person to attain a U visa are human trafficking, domestic violence, kidnapping, extortion, and felonious assault.

Essentially, the U visa is available to victims of certain crimes who have suffered mental or physical abuse and who are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. 

You Are a Victim of Human Trafficking (T Visa)

The T visa allows certain victims of human trafficking to receive temporary legal status to remain living in the United States. Under the Victims of Trafficking and Violence Protection Act, the T visa allows law enforcement agencies to investigate and prosecute human trafficking while offering protection to the victims. Some of the requirements for attaining a T visa are:

• You must be the victim of trafficking, as defined by law
• You must reside in the United States, America Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to trafficking
• You comply with certain requests from law enforcement to assist in the investigation and prosecution of the human trafficking involved
• You demonstrate that you would suffer extreme hardship involving unusual and severe harm if you were removed from the United States
• You are admissible or can attain a waiver of inadmissibility

You Are a Temporary Visitor for Business (B-2 Visa) or Pleasure (B-1 Visa)

The B-1 and B-2 visas are specifically designed to allow eligible individuals to temporarily enter the U.S. for business, pleasure, or medical treatment.

You would need to obtain a B-1 visa for your temporary stay if you are seeking a visa to enter the U.S. to do things like: 

• Meet with a business associate
• Compete in an athletic competition for a money prize
• Travel for a scientific, educational, professional, or business convention or conference on specific dates
• Settle an estate
• Negotiate a contract

The B-2 visa, on the other hand, applies if you are seeking to enter the U.S. for pleasure, tourism, or medical treatment. In some situations, coming to the U.S. on a B-2 visa may allow you to take a brief course of study if the course grants one credit towards a degree and lasts for less than 18 hours per week.

You Are a Professional Worker (H-1B Visa) 

Certain workers seeking temporary employment in the US may qualify to receive an H-1B Visa if they wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability. To qualify for an H-1B visa, applicants must generally meet the following requirements:

• The applicant must have an employee-employer relationship with the US employer
• The job must qualify as a specialty occupation related to one’s field of study
• The applicant must be paid at least the actual or prevailing wage of their field of study
• An H-1B visa must be available when one files their petition unless they are legally exempt from the numerical limit

You Are an Intra-Company Transferee 

The L-1 visa allows a US employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the US. The L-1 visa also allows a foreign company that does not yet have an affiliated US office to send an executive or manager to the US to establish an office. To apply for this type of nonimmigrant, the employer must file Form I-129, Petition for the Nonimmigrant Worker and pay a fee on behalf of the employee.

You Are a Certain Qualified Citizen of Canada or Mexico (TN Visa)

Trade visas are available for specific, eligible Canadians and Mexicans. Under the North American Free Trade Agreement (NAFTA), certain qualified citizens of Canada and Mexico can seek temporary entry into the US to engage in business activities at a professional level. Professions that may meet the TN visa requirements include but are not limited to teachers, scientists, engineers, and accountants. Additional requirements an applicant must meet include the following:

• They must be a citizen of Mexico or Canada
• They must have a profession that qualifies under the regulations
• The position in the US requires a NAFTA professional
• The applicant has a prearranged full-time or part-time job with an employer in the US
• The applicant is qualified to practice in the profession in question

Your Path to Achieving a Visa Starts Here 

At LORIC Law Firm, our visa attorney helps clients throughout San Jose obtain immigrant and non-immigrant visas here in the US. A visa can give you the opportunity to achieve your goals in our nation, whether it be to permanently live in the US, start a family, receive protection from harm, earn a living, go to a university, handle business affairs, and much more. Allow us to help pave the way for your success in the US.

To schedule a consultation and learn more, contact us online or at (650) 590-8258!