DENIED ENTRY OR DENIED A VISA? We can help you re-apply.
The most common reason for a denial is that you didn’t provide the proper documentation or did not fill out your forms properly or completely. Gathering the proper documents (for example, to show sufficient home ties, a legitimate business, or a bona fide genuine marriage) is critical. Our attorneys can guide you every step of the way and review all your documents to make sure they’re in compliance. Other times, there’s perhaps an issue in your past immigration history or background that needs to be overcome with a waiver or other method. Contact us for help with your re-application, we assist from start to finish.
Wherever you live in the world, we can represent you and assist with your immigration to America, in all 50 states. We are U.S. licensed Immigration Lawyers.
Avoid Delays. File it right the first time with help from experienced U.S. licensed Immigration Attorneys.
We have over 10 years experience in navigating immigration law and have successfully obtained approvals for greencard and visa applications for hundreds of clients. With immigration matters, it is extremely important that you follow the law, carefully prepare documents and submit accurate and complete information and evidence to support your case file. Too often people come to us once their situation has already been compromised. Do it right the first time – we can help you avoid common mistakes and prevent delays. Our attorneys even have personal experience with immigrating to the USA – we’ve been where you are now and can relate to your situation. Every single situation is unique and every individual’s case file will require attention to different details, depending on the particular circumstances and facts. It is important that you provide a clear picture to us of your background, history and goals.
Immigration and Sponsorship to the United States of America
US Immigration Law Basics
Immigration refers to people moving into a country while emigration refers to someone leaving a country.
Immigrating to the USA can be one of the most rewarding experiences in life that a person may go through, and it can be one of the most stressful – improper planning can lead to awful scenarios. Immigration law is a very politically divisive area, and has lead to immigration law being one of the most dense and ever-changing areas of American law. At least three major agencies administer the US immigration system with dozens of other agencies playing various others roles.
You will often hear the terms “aliens” or “illegal aliens”. These terms refer to someone who is present in the United States but is not a U.S. citizen or national. A resident alien is someone who is not a citizen or national but has the right to live and work in the U.S. while a nonresident alien has the right be in the U.S. for a limited period of time (ie. being on a travel visa). Classification often depends on where you are in the immigration process.
There are immigrant and non-immigrant visas. The first step in immigration is to obtain a visa. For citizens of some foreign countries, a visa is needed to travel to the USA even for a vacation, whereas citizens of certain other countries do not require any such visa. If someone wants to move to the USA, they need to fill out an application for an immigration visa for permanent residence and submit it to a US Consulate in the country of origin. Once the application has been submitted and fees have been paid, the applicant has an interview with an consular officer who questions the applicant’s background and his or her plans for immigrating to the USA. The officer then decides whether or not to grant the visa to the applicant.
Having a visa does not guarantee entry into the USA. It allows the visa-holder to travel to a port-of-entry (airport or land border) where an immigration officer has the power to deny or grant entry into the country.
Beware of anyone who guarantees that they can get you a visa for a certain fee, or of anyone who claims that they have an ‘inside-track’ or that they ‘know someone’ who can speed up the process.
Immigration law has been described as second only to the federal tax code in its complexity (Castro-O’Ryan v. INS, 821 F.2d 1415, 1419 (9th Cir. 1987)). It is a complex field which is constantly changing and there are many aspects to your case that may require professional legal assistance. Only an eligible attorney or an accredited representative working for a BIA-recognized organization can give you legal advice. Many cases that are handled are failed hearings or refused applications from people without lawyers who did not have things done right the first time. Often it’s because they misunderstood the eligibility criteria, chose an inappropriate route, or omitted important details or supporting documents. These cases require more time, effort and cost to resolve – mistakes may also limit future options.
When you’re facing an immigration issue, your entire life can feel like it is on hold. Our number one goal is to help you work through your status issues and to obtain the best possible resolution for you and your family.
How long will my case take?
It depends. Cases may take anywhere from a matter of days to a number of months – it depends on the nature of your case.
How much will it cost?
The costs varies depending on the complexity of the individual case and type of immigration case to be processed. Most cases are handled on a flat-fee basis, although some cases may be charged on an hourly fee or contingency fee basis. The fee range varies depending on the type of case – employment, family, deportation, asylum, etc. You can ask for a free 15 minute consultation – Contact us and an attorney will call you back.
What kind of visas are there?
Immigrant Visas: Generally, a foreign citizen must be sponsored by a U.S. citizen relative(s), U.S. lawful permanent resident, or by a prospective employer, and be the beneficiary of an approved petition filed with U.S. Citizenship and Immigration Services in order to apply for an immigrant visa. The major immigrant categories are: family immigration, spouse or fiancé(e) of USA citizen, spouse of lawful permanent resident (LPR) in USA, child adoption, employment visas, investor visas, religious workers visas, diversity and specialty visas.
Non-Immigrant Visas and Status: Most Canadian citizens and many citizens from Visa Waiver Program countries can travel to the USA without a visa if they meet certain requirements. There are various types of non-immigrant visas for temporary visitors if you are not a U.S. citizen or U.S. lawful permanent resident. The purpose of your intended travel and other facts determine the type of visa required. It’s important to have information about the type of non-immigrant visa you will need for travel, and the steps required to apply for the visa at a U.S. Embassy or Consulate abroad.
Visa categories and statuses include: A, A-2, B-1, BCC, B-1, B-2, C, D, E-2, E3, EB5, G1-G5, H-1B1, I, J, L, NATO, O, Q, TN/TD, etc. and encompass visas for athletes, business visitors, employees of a designated international organization, NATO, NAFTA professional workers (Mexico, Canada), exchange visitors, nannies, physicians, journalists, professors, specialty occupations, students (academic, vocational), victims of criminal activity or human trafficking, religious workers, temporary workers performing labor of a seasonal nature, etc.
For Family Based Sponsorships, we can assist you with all of the following:
- USCIS Forms Preparation
- Collection of Form Information
- Supporting Document Advice and Preparation
- USCIS Application Preparation
- Continued Monitoring With USCIS
- Continued Monitoring and Correspondence With Foreign Embassy
- Embassy Spousal Visa Application Preparation
- Interview Preparation
- Electronic Case Files
- Any Additional Appeals, Motions to Reconsider, or Waivers
We can help you deal with RFE’s, Consular Processing, Report of Consular Birth Abroad, Reviewing/Completing Affidavit of Support Documents, Visa Extensions and Naturalization. If you have been recently separated, divorced or incarcerated, or have been the victim of domestic abuse, we can help.
Fees are usually flat rate for family based sponsorship applications, including those based on marriage to a U.S. citizen or greencard holder, petitions for parents, children and siblings. All clients are responsible for paying any additional required USCIS, Embassy, and other related processing fees including the following: I-130 Petition Fee-$535.00; Medical Exam Fee-$150-$250 depending upon country; US Embassy Processing Fee-$325.00; Affidavit of Support Fee-$120.00; Biometrics and Green Card Issue Fee, etc.
If you are already in the United States (after a K1 fiance visa has been approved, or as a spouse of a U.S. citizen or permanent resident), we can assist you with applying for an adjustment of status (for green card), travel and work permits in the United States.
Investor-Based Visa Applications
We can help with L-Visas, E-Visas, etc please click here to understand more about these options for obtaining a U.S. visa through investing or entrepreneurship. If you do not have any other conflicting pending or issued immigrant visa, and are already lawfully within the USA, you may be able to adjust your status to a different immigrant or non-immigrant visa.
Who may represent you in U.S. immigration proceedings?
You may choose to be represented by an eligible attorney admitted to practice in the United States or by an eligible non-attorney accredited representative. Eligible non-attorney representatives must be accredited representatives of recognized non-profit religious, charitable, social service, or similar organizations that have been granted permission to assist individuals in immigration matters from the BIA.
As emphasized by U.S. Citizenship and Immigration Services (USCIS), only a US licensed attorney or an accredited representative working for a Board of Immigration Appeals-recognized organization can give you legal advice. This includes:
- How to answer questions on your immigration forms;
- What immigration options you have; and
- Communication with USCIS about your case
What happens if my employee encounters problems at the border when applying for a U.S. work visa? Will the United States government authorities communicate with non-U.S. licensed attorneys regarding such issues?
The short answer is no.
A new attorney representation form (G-28i) was introduced by the United States Citizenship and Immigration Services in 2009 (most likely due to increased security concerns). The addition of this form now makes a clear distinction between U.S licensed attorneys and foreign lawyers who are not licensed in the United States. So, if you are planning to immigrate to the United States, you need a US licensed attorney – a lawyer who is licensed in any of the states of the USA.
This is significant because, while the distinction already existed under DHS rules, it was never really enforced in the past. According to 8 CFR 292.1(a)(6), an attorney who is not licensed in the United States, but who is licensed to practice law and is in good standing in in the country in which he or she resides may act as a representative only in matters outside the geographical confines of the United States (i.e. outside of the continental United States, Alaska, Hawaii, Puerto Rico, Guam, and the U.S. Virgin Islands) and the official before whom he or she wishes to appear must allow the representation as a matter of discretion, with regards to United States immigration matters. A foreign attorney can only represent you if your case is being processed outside of the U.S. If your case is transferred to a domestic USCIS office, USCIS will communicate with you directly, not with your foreign attorney (who had to submit Form G-28i). Check the USCIS website for additional information.
Only United States licensed attorneys or an accredited representative, as mentioned above, may now fill out Form G-28 and represent individuals for work/immigrant visa applications at the border or at the USCIS Service Center (which constitutes the bulk of all United States immigration matters). Under the new rules, foreign attorneys are prohibited from representing and thereby communicating or negotiating with United States immigration authorities regarding any immigration matter pending within the United States or at the border, regardless of whether or not they are in-house. This could pose a serious problem for any Canadian or Mexican company utilizing the relatively liberal rules of NAFTA to obtain United States work visas for their workers at the border or from within the United States. These foreign lawyers may only fill out Form G-28i, rather than Form G-28. Make sure that only U.S. licensed attorneys handle in-house matters involving U.S. immigration regulations and laws in order to avoid problems with representation of your employees in the future. Contract with an outside U.S. licensed attorney if you do not have one employed in-house at your company.
Can I be represented by a notario publicos (“notary public”)?
No. Notarios, immigration consultants, and other service providers that are not BIA-recognized organizations may not represent you before DHS and may not file Form G-28. In many Spanish-speaking nations, “notarios” are powerful attorneys with special legal credentials. However, “notary public” in North America refers to people appointed by state governments to witness the signing of important documents and to administer oaths. Notary publics in North America are not necessarily lawyers, although lawyers can be notary publics. “Notarios publico” in the USA are not authorized to provide you with any legal services related to immigration. If you are in the USA, avoid this common scam and make sure you only use either a U.S. licensed attorney or an accredited representative to give you legal advice.
I am Canadian. May I use an immigration consultant instead of an immigration lawyer if I am a Canadian who wishes to migrate to the U.S.?
No. This is an area that causes much confusion for people. There are differences between the way immigration matters are handled within the U.S. and Canada. Immigration law in the USA is within the jurisdiction of the U.S. Federal Government; US immigration consultants may not represent individuals in U.S. immigration proceedings (those who wish to migrate to the U.S.). However, this is not to be confused with a U.S. licensed foreign legal consultant, who is a lawyer with a valid permit issued by a Canadian Law Society and who may represent individuals in U.S. immigration matters. Canadian immigration law is under Canadian Federal jurisdiction; immigration consultants who are members of the ICCRC are permitted to represent clients in matters relating to Canadian immigration (those who wish to migrate to Canada). However, these members are only recognized as representatives for Canadian immigration purposes only – they are not permitted to represent U.S. immigration clients in exchange for direct or indirect remuneration. Other non-lawyer organizations such as Canadian pardon services and paralegals also do not meet the requirements and act in violation of U.S. federal laws if they represent clients in U.S. immigration matters. You are best served by a lawyer who is licensed in the United States.
Antonio Junqueira Hebo
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