Asylum

You may seek protection by the U.S. government if you suffered persecution or fear you will suffer persecution due to:

• Race

• Religion

• Nationality

• Membership in a particular social group

• Political opinion

Asylum cases are difficult to win and that’s why its important to retain an experienced immigration attorney to guide you in each step of the process. If you are eligible for Asylum, you may be permitted to remain in the United States.

At Abdallah Immigration we can review your case to determine if you are eligible to apply for asylum and seek protection from the US government.

Citizenship

The process to become a U.S. citizen if you were born outside of the United States is called Naturalization. Permanent residents are eligible to apply for U.S. citizenship after 5 years of continuous residence in the U.S. or after 3 years if the applicant obtained their green card through marriage to a U.S. citizen.

If you meet certain requirements, you may become a U.S. citizen either at birth or after birth.

Determine your eligibility to become U.S. citizen, here.

At Abdallah Immigration, we can help you navigate the naturalization process and guide you through each step on the way to becoming a U.S. citizen.

Adjustment of Status

Adjustment of status is the process that you can use to apply for lawful permanent resident status (Green Card) when you are present in the United States. This means that you may get a Green Card without having to return to your home country to complete visa processing. U.S. immigration laws provide a variety of ways for people to apply for a Green Card. The eligibility requirements for adjustment of status may vary depending on the immigrant category you are applying under. The first step in the adjustment of status process is to determine if you fit into a specific immigrant category.

At Abdallah Immigration we can review your case to determine if you are eligible to adjust your status. We will help you prepare your adjustment of status case along with work authorization and advance parole applications.

Change of Status

If you want to change the purpose of your visit while in the United States, you or your employer must file a request with the U.S. Citizenship and Immigration Services (USCIS) on the appropriate form before your authorized stay expires. For example, if you arrived here as a tourist but want to become a student, you must submit an application to change your status. It is recommended that you apply as soon as you determine that you need to change to a different nonimmigrant category because of lengthy processing times of most immigration petitions and applications.

We encourage you to contact Abdallah Immigration as soon as you determine that you need to change your immigration status.

Consular Processing

If you are the beneficiary of an approved immigrant petition and a visa number is immediately available to you, you may apply at a U.S. Department of State consulate abroad for an immigrant visa to come to the United States and be admitted as a permanent resident. This pathway is referred to as consular processing. Consular processing can be complicated and time-consuming.

At Abdallah Immigration, we can help you navigate the process and guide you through each step on the way to obtaining a visa as quickly as possible.

Fiancé Visa

The Immigration and Nationality Act (INA) allows a U.S. citizen to petition for their foreign fiancé to come to the United States to get married. Once the petition is approved by the USCIS, it is forwarded to the National Visa Center (NVC) who performs a background check on your fiancé. Once the review is complete, the NVC forwards the petition to the United States consulate to schedule the visa interview. The United States consulate conducts an interview and issues the fiancé a K-1 visa allowing your fiancé to legally enter the United States. The United States consulate also issues a K-2 visa to any minor (under 21 and unmarried) children of your fiancé.

At Abdallah Immigration, we can help you navigate the process and guide you through each step on the way to obtaining a fiancé visa as quickly as possible.

Temporary Protected Status (TPS)

The Secretary of Homeland Security may designate a foreign country for temporary protected status (TPS) due to conditions in the country that temporarily prevent the country's nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals. The U.S. Citizenship and Immigration Services (USCIS) may grant TPS to eligible nationals of certain countries (or parts of countries), who are already in the United States. Eligible individuals without nationality who last resided in the designated country may also be granted TPS.

The Secretary of Homeland Security may designate a country for TPS due to the following temporary conditions in the country:

• Ongoing armed conflict (such as civil war)

• An environmental disaster (such as earthquake or hurricane), or an epidemic

• Other extraordinary and temporary conditions

Note that during a designated period, individuals who are TPS beneficiaries or who are found preliminarily eligible for TPS upon initial review of their cases (prima facie eligible):

• Are not removable from the United States

• Can obtain an Employment Authorization Document (EAD)

• May be granted travel authorization

At Abdallah Immigration, we can help you navigate the TPS process and guide you through each step on the way to obtaining TPS.

Deferred Action for Childhood Arrivals (DACA)

On June 15, 2012, the U.S. Department of Homeland Security (DHS) announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal. They are also eligible for work authorization. Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period.

At Abdallah Immigration, we can help you navigate the complicated and ever-changing DACA process.

Employment-Based Immigration

Every fiscal year (October 1st – September 30th), approximately 140,000 employment-based immigrant visas are made available to qualified applicants under the provisions of U.S. immigration law. Employment based immigrant visas are divided into five preference categories. Certain spouses and children may accompany or follow-to-join employment-based immigrants.

The five Employment-based Immigration preference categories are as follows:

Employment First Preference (EB-1): Priority Worker and Persons of Extraordinary Ability

There are three subgroups within the First Preference category:

1. Persons with extraordinary ability. These abilities include the sciences, arts, education, business, or athletics.

2. Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally.

3. Multinational managers or executives. These individuals are required to have been employed for at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer.

Employment Second Preference (EB-2): Professionals Holding Advanced Degrees and Persons of Exceptional Ability

A Second Preference (EB-2) applicant must generally have a labor certification approved by the Department of Labor. A job offer is required and the U.S. employer must file an Immigrant Petition for Alien Worker, Form I-140, on behalf of the applicant.

There are two subgroups within this category:

1. Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession.

2.  Persons with exceptional ability in the sciences, arts, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.

Employment Third Preference (EB-3): Skilled Workers, Professionals, and Unskilled Workers (Other Workers)

A Third Preference (EB-3) applicant must have an approved Immigrant Petition for Alien Worker, Form I-140, filed by the prospective employer. All such workers generally require labor certification approved by the Department of Labor. Skilled Workers, Professionals, and Unskilled Workers (Other Workers) receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas, plus any unused visas from the Employment First Preference and Second Preference categories.

There are three subgroups within this category are:

1.  Skilled workers-persons whose jobs require a minimum of 2 years training or work experience that is not temporary or seasonal.

2.  Professionals-members of the professions whose jobs require at least a baccalaureate degree from a U.S. university or college or its foreign equivalent degree.

3.  Unskilled workers (Other workers)-persons capable of filling positions that require less than two years training or experience that are not temporary or seasonal.

Employment Fourth Preference (EB-4): Certain Special Immigrants

You may be eligible for an employment-based, Fourth Preference (EB-4) visa if you are a special immigrant. The following are some of the special immigrant categories eligible for the fourth preference visa:

1.  Religious workers;

2. Special Immigrant Juveniles;

3. Certain broadcasters;

Employment Fifth Preference (EB-5): Immigrant Investors

Immigrant Investor visa categories (EB-5) are for capital investment by foreign investors in new commercial enterprises in the United States which provide job creation.

Abdallah Immigration can help you navigate all five employment-based immigration preference categories. Contact us today to discuss your options.

Visas

1. E-2 Visa

The E-2 nonimmigrant visa allows a national of a treaty country to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification. To qualify for E-2 classification, the treaty investor must:

• Be a national of a country with which the United States maintains a treaty of commerce and navigation,

• Have invested, or be in the process of investing, a substantial amount of capital in a legitimate United States enterprise; and

• Be pursuing entry to the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

2. U Visa

The U nonimmigrant status (U visa) is set aside for 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 may be eligible for a U nonimmigrant visa if:

• You are the victim of qualifying criminal activity.

• You have suffered substantial physical or mental abuse because you are a victim of criminal activity.

• You have information about the criminal activity.

• You were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may assist law enforcement on your behalf.

• The crime occurred in the United States or violated U.S. laws.

3. H-1B Visa

The H-1B program applies to employers seeking to hire nonimmigrant aliens as workers in certain specialty occupations or as fashion models of distinguished merit and ability. A specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent. The intent of the H-1B provisions is to help employers who cannot otherwise obtain needed business skills and abilities from the U.S. workforce by authorizing the temporary employment of qualified individuals who are not otherwise authorized to work in the United States.

4. Student Visas

You must have a student visa to study in the United States. Your course of study and the type of school you plan to attend determine whether you need an F visa or an M visa.

You need an F visa to enter the United States to attend:

a.  University or College
b.  High School
c.  Private elementary school
d.  Seminary
e.  Conservatory

You need M Visa to attend vocational or other recognized nonacademic institution, other than a language training program.

For short periods of recreational study, a Visitor (B) visa may be appropriate.

Contact Abdallah Immigration to discuss your case and understand all your special and  student visa options.

5. Visitor Visas

Visitor visas are nonimmigrant visas for persons who want to enter the United States temporarily for business (visa category B-1), for tourism (visa category B-2), or for a combination of both purposes (B-1/B-2). Here are some examples of activities permitted with a visitor visa:

Business (B-1 Visa)

a.  Consult with business associates
b.  Attend a scientific, educational, professional, or business convention or conference
c.   Settle an estate
d.  Negotiate a contract

Tourism (B-2 Visa)

a.  Tourism
b.  Vacation (holiday)
c.  Visit with friends or relatives
d.  Medical treatment
e.  Participation in social events hosted by fraternal, social, or service organizations
f.   Participation by amateurs in musical, sports, or similar events or contests, if not being paid for participating
g.  Enrollment in a short recreational course of study, not for credit toward a degree.