OUR LEGAL PRACTICES

IMMIGRATION

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Asylum and Political Refuge

In the United States of America, in order to qualify for eligibility for asylum, an alien must demonstrate that he has experienced persecution in his or her country of origin because of his/her race, religion, nationality, political opinion, or membership in a particular social group, and he/she has a well-founded fear of future persecution.

The asylum process is very comprehensive and meticulous and can be very challenging without a skilled lawyer.  Contact Law Offices of Metin Serbest to find out how we can help you obtain the best results in your asylum case.  We have dealt with hundreds of asylum cases, thus we are very experienced in the particulars of applying for asylum to ensure the best outcomes possible.

Removal/Deportation

Deportation or removal is when the U.S government orders for a non-citizen immigrant to be extradited from the country.

There are several courses of action to avoid such a result.  If this is the situation in your case, contact our office immediately as time is of the essence.

EB-5 Investor  Visa

The basis for this visa is to promote economic growth in the U.S. via investments from foreign entrepreneurs.  This visa enables investors, their spouses, and their unmarried children under the age of 21 to qualify for a green card under the conditions that they 1.) Make a certain investment into a U.S. commercial enterprise and 2.) Create 10 jobs for U.S. workers.

EB-1

EB-1 is an Employment based visa issued to those who demonstrate achievement in their field of work.  The three types of EB-1 visas are EB-1A for immigrants with extraordinary ability, EB-1B for outstanding researchers and professors, and EB-1C for managers and executive transferees.

EB-1 visas do not require a labor certification in the green card process.  However, in order to qualify for this visa, individuals must provide evidence of recognition of international or national achievements in his or her prospective field.  The alien must also prove that he or she will continue to work in his/her field of excellence in the United states and show that in the future the United States will benefit from his or her admittance to the country.

NIW Visa

National Interest Waiver (NIW) allows individuals to apply for employment based immigration without a labor certification or job offer from a U.S employer.  The applicant must have at least a bachelors degree or qualify for exceptional ability in sciences, arts, or business.  Exemption from the labor certification must be proven by the applicant to be in the national interest of the U.S.

B-1/B-2 Business and Tourist Visa

This is a visa given to temporary visitors for business (B-1), temporary visitor for pleasure (B-2), or reasons including both of these (B-1/B-2) for a period of six months at most.  Validity periods for visas of this type vary by country.

E-1/E-2 Trader and Investor Visa

Treaty Trader (E-1) and Treaty Investor (E-2) visas are issued to individuals who will have a significant impact on the U.S. economy with their activities in international banking, insurance, transportation, or tourism.

B-2 Medical Tourism Visa

Issued to individuals who have a pressing need for medical treatment in the United States.  Letters from a personal physician and a U.S. Healthcare professional as well as additional documents to prove the intention of a temporary visit to the United States are required.

F-1/F-2 Student Visa

International Students (F-1) who are enrolled in a qualifying U.S. educational institution may apply for this visa.  The student’s spouse and children may qualify for a F-2 visa.

J-1/J-2 Exchange Visitor Program Visa

The Exchange Visitor Program Visa is intended to increase awareness of people from different cultures through designated public and private exchange sponsors. The exchange visitor is provided a J-1 visa, while their spouses and children are issued J-2 visas.

M-1/M-2 Student Visa (Vocational and Technical Schools)

The M-1 visa is a student visa is provided to individuals who will attend a technical and vocational schools.  M-2 visas permit the student’s spouse and children to come to the United States alongside him or her.

H-1B Employment Visa

This is a visa for employees seeking employment in the United States.  The employee must have at least a bachelors degree or the equivalence of one in education and experience and must be employed in a professional-level job.

L Intracompany Transferee Visa

The L-1 visa is for individuals who have worked in an organization abroad for at least one year and who will be transferring to the United states for an executive or managerial position in the same organization.  L-2 visas are issued to the spouse and qualified children of an L-1 visa holder.

O Extraordinary Ability

A Visa afforded to individuals who has been nationally recognized for extraordinary skill in sciences, arts, education, business, athletics, motion pictures, or the television industry.

P Athletes, Artists and Entertainment Groups Visa

P visas are issued to individuals or teams of athletes, entertainment groups, and artists who are traveling to perform, teach or coach in the United States of America.

Adjustment of Status

Under certain circumstances, an immigrant living in the United States can file for an adjustment of status to a non-immigrant permanent resident.

Adjustment of status categories:

Family Based: This requires for a form I-130 to be filed for the immigrant by a relative who is either a U.S citizen or a green card holder.

Employment based: U.S. employers must file a form I-140 to sponsor a worker.  Individual entrepreneurs can petition for an adjustment of status under this category on their behalf by completing form I-526.

Special Classes of Immigrants: According to USCIS, persons under the following categories may gain adjustment of status.

1. An Amerasian;

2. A Widow or Widower;

3. A Battered or Abused Spouse or Child of a U.S. Citizen or Lawful Permanent Resident; or

4. A special immigrant. A special immigrant is defined as one of the following:

 "A. Religious Worker;

B. Panama Canal Company Employee, Canal Zone Government Employee, U.S. Government in the Canal Zone Employee;

C. Physician;

D. International Organization Employee or Family Member;

E. Juvenile Court Dependent;

F. Armed Forces Member;

G. Afghanistan or Iraq national who supported the U.S. Armed Forces as a translator;

H. Iraq national who worked for or on behalf of the U.S. Government in Iraq or

I. an Afghan national who worked for or on behalf of the U.S. Government in Afghanistan.”

K Visa- fiancé/spouse of citizen

o K1 visas are given to fiancés of a U.S. Citizen so that they may enter the country faster.  Under this visa, the U.S. citizen and alien must marry within 90 days of the alien’s entry into the U.S.

Immigration and Nationality Act (INA) under the Violence Against Women Act (VAWA)

o Allows for the abused spouse, parent, or child of a U.S. citizen or permanent resident to file for a U.S. visa without the abuser’s (citizen/permanent resident) knowledge.  The provisions of this act apply equally to women and men.

I-751 Removal of Conditions for marriage

o Permanent residence given to an alien on the basis of marriage that is less than 2 years old is conditional.  After 2 years, it is necessary to prove that the marriage was not done for the purpose of receiving permanent residence.  Form I-751 must be filed 90 days prior to the 2 year anniversary of the marriage in order to keep the permanent residence status.