At Hendricks Law, we treat you like family and provide the support you need at one of the most critical times in your life. Most of our team members have been through the immigration process ourselves, and we are committed to serving as your advocate in these uncertain times.
Keeping Your Family Together With Immigration Help From Experienced Attorneys
Our goal is to advocate for you and your family as you walk through the immigration process. We will fight to keep your family together and provide the expertise you need at every step. We handle cases in all of these areas:
If you want to bring your family members to the United States, we may be able to help. We’ll work with you to file the necessary paperwork and navigate the often-complex legal process revolving around family immigration.
Generally, U.S. citizens and lawful permanent residents can sponsor immigrants. However, there are some differences between the relatives a person can sponsor, as well as how long foreign relatives must wait before they can get permission to enter the United States. Your immigration attorney can explain the differences and what you can do to bring your relatives to the United States. In the meantime, here’s what you need to know about family immigration:
Note: U.S. citizens can sponsor their spouses, children, parents and siblings for green cards. Lawful permanent residents can sponsor their spouses and unmarried children for green cards.
The wait time for a relative to get a green card depends on the relationship between the sponsor and the sponsored person, as well as the immigrant’s country of origin.
The term business immigration refers to any type of immigration involving work, whether you’re working for a U.S. based company, a foreign company with a branch in the United States, or starting your own business.
Working for a U.S. Based Company or Foreign Company in the U.S.
When you want to immigrate to the U.S. to work, you generally need a sponsor; your sponsor is your employer. You normally can’t get a work visa (permission to enter the country to work) unless you have a job offer from an employer that’s willing to sponsor you. You can’t apply for your own work visa, either; your employer has to apply for it on your behalf (and only after your employer meets certain criteria set forth by the U.S. government, which you can learn more about in the later section, “Employer Compliance”).
Starting a Business in the U.S.
If you’re interested in starting a business in the United States, we may be able to help you obtain the necessary visas and work with you to ensure compliance. We understand that it’s a big task to start a business as an immigrant investor – and that’s why we’ll be here every step of the way to focus on your immigration petition. That way, you’re free to work on growing your business.
Hiring Foreign Nationals to Work at Your Business in the United States
The United States offers a number of different visas that allow foreign nationals to enter the country and work for a U.S. employer. These visas are categorized as either immigrant or nonimmigrant visas.
If There Is A Solution, Hendricks Law will help you find it.
An immigrant visa allows a person to enter the country when they intend to permanently live in the United States. There are a limited number of immigrant visas available each year, and they are typically subject to quotas. In contrast, nonimmigrant visas are for people who only want to visit the United States temporarily (such as for tourism, temporary work, school or other reasons).
To qualify for an immigrant visa, you must meet very specific criteria. Often, it’s best to talk to an immigration attorney about your purpose for travel to the U.S. to determine whether you need an immigrant visa or a nonimmigrant visa – and what you need to do to qualify for each.
Employment-Based Green Card Services
Many people are eligible for green cards – that is, they can become permanent legal residents of the United States – based on their employment with a U.S. company. There are a number of different employment-based green cards, each with its own requirements. The most common types of employment-based green cards are:
- EB-1 Priority Workers: This category includes people who have extraordinary ability in their field, as well as certain executives and managers of multinational companies.
- EB-5 Investor Visas and Green Cards: This visa category is for foreign investors who want to invest in a U.S. business and create or preserve ten or more full-time jobs for American workers.
To learn more about employment-based green cards and whether you qualify, talk to an immigration attorney.
Nonimmigrant Employment-Based Visas
There are many different types of US nonimmigrant employment-based visas. These visas allow foreign national employees to come to the United States to work for a specific employer. Each visa has its own requirements, but all provide an opportunity for foreign nationals to come to the United States to work. Here are a few of our most popular:
- H-1B Specialty Occupations: This visa is for people who have a bachelor’s degree or higher (or a foreign equivalent) in a specialty occupation. To qualify, the job must require highly specialized knowledge and the employer must prove that there is a shortage of workers in that field.
- L-1 Intra-Company Transfers: This visa allows executives, managers and employees with specialized knowledge to transfer to a U.S. office of the same company.
If you’re living in the United States without legal status, the U.S. government can deport you; that means they can order you to leave the country or detain you and forcefully remove you from the country. Often called removal proceedings, deportation is serious – and you may want an immigration attorney to work on your deportation defense.
There are a number of grounds on which the U.S. government can deport someone, including:
- Entering the country without proper documentation or with fraudulent documents
- Overstaying a visa or traveling on an expired visa
- Committing certain crimes (including some misdemeanors)
- Failing to register with the U.S. government
- Filing false documents or claiming to be someone you’re not
There are also a number of ways for an attorney to defend you against deportation, including:
- Proving you have a green card or other legal status
- Proving you meet the requirements for asylum or refugee status
- Proving you’re entitled to cancellation of removal (a form of relief for certain long-time residents of the United States)
- Filing an appeal
If you’re facing deportation, it’s probably a good idea to talk to an immigration attorney about your case and what can be done to defend you.
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Asylum and Refugee Status
If you’re living in the United States and you’re afraid to return to your home country because of persecution or fear of harm, you may be eligible for asylum.
To be granted asylum you must show that you’re unable or unwilling to return to your home country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.
If you’re granted asylum, you’ll be allowed to live and work in the United States and eventually apply for a green card.
Note: The main difference between asylum and refugee status lies in where you apply. If you apply from within the U.S., you need asylum; if you apply from outside the U.S., you need refugee status.
Federal Litigation (Including Immigration Appeals)
If you’re facing deportation or you’ve been denied a green card, visa, or other immigration benefit, you may be able to appeal the decision in federal court. The process of appealing an immigration decision is complex and can be difficult to navigate without an attorney. An immigration attorney can help you understand your options and decide whether appealing is the best course of action in your case.
If you decide to appeal, an immigration attorney can also help you navigate the process and give you the best chance of success. Federal litigation can be extremely complicated, and many people find it necessary to work with an attorney through the process.
A green card (officially known as a permanent resident card) is a document that proves you have the right to live and work in the United States permanently.
Not everyone qualifies for a green card; generally, you must have a valid immigrant visa to apply for one, and you may also need to meet a variety of other conditions.
The best way to find out whether you qualify for a green card (or what you need to do to qualify for one) is to talk to a local Albuquerque immigration attorney who can answer your questions and give you the guidance you need.
If you’re an employer that needs to hire foreign workers, you need to meet certain criteria. Failure to comply with these requirements can result in serious penalties.
An immigration attorney can help you ensure that you’re complying with all the necessary rules and regulations, and can also help you navigate the process of hiring foreign workers.
Immigration Consultations With Hendricks Law Firm
The best way you can be prepared for your next step is to stay informed. That’s why we offer free, in-person consultations with no obligation. We’re committed to helping you reach the best possible conclusion to your case. We want you to feel completely confident with your options, and we will never pressure you to take an action you’re not ready for.
Call us today to set up a meeting with one of our immigration law experts.