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Andrade Canona offers specialized and personalized legal services assisting both individuals and companies with all immigration related cases and petitions. Immigration law is highly complex and it is very important to count on the support of experienced professionals to avoid unnecessary errors, delays and anxiety. Andrade Canona will provide you with excellent service and make your transition to the United States as smooth and flawless as possible.
Obtaining U.S. citizenship is the dream of most immigrants. Naturalized U.S. citizens can vote, can petition family members, and can live abroad without losing their citizenship. Andrade Canona assists you in the whole process, from filing the case to attending the interview with you. We also assist individuals who may have become U.S. citizens by operation of law and need documentation to establish their U.S. citizenship.
The United States offers a plethora of temporary visas for individuals who wish to spend some time in the United States, and for organizations who would like to sponsor foreign nationals for certain positions. Andrade Canona can assist you with all your temporary visa needs, from the strategic planning to the consular process. The temporary visas range from A to Z, but the most used visas are:
Visa used for those seeking to come to the United States temporarily for pleasure of for certain limited types of business, such as meetings with clients or business partners; signing of contracts; purchasing materials or goods; attending a conference; etc.
Investor visa based available to certain individuals from countries who have navigation treaties with the United States. It is often given for 5 years, with the possibility of indefinite renewals, as long as the business is active and the beneficiary otherwise qualifies. This is an excellent visa for entrepreneurs, exporters, investors or employees who are citizens of one of the treaty countries and who wish to establish a business in the United States, or work in certain authorized companies. If applied in the United States, the E-1/E-2 visa can be done via Premium Processing. Otherwise, the whole process is done with the U.S. Consulate abroad, which is highly experienced in analyzing these types of treaty-based cases.
Student visa, available to those who wish to pursue a course of studies in the United States. Individuals who qualify for the student visa have to attend a school authorized by the Department of Homeland Security, which can range from language schools to universities. Individuals may pursue the student visa abroad or through a change of status, if they are already in the United States.
A temporary visa used by U.S. companies o temporarily employ foreign workers, who have a bachelor’s degree or a higher degree, in a specialty occupation that requires theoretical or technical expertise in a certain field, such as science, engineering, or computer programming. The H-1B classification has an annual numerical limit (cap) of 65,000 each fiscal year. There are additional 20,000 visas available to beneficiaries with a master’s degree or higher from a U.S. institution of higher education, and certain categories that are completely exempt from this numerical cap: H-1B workers who are petitioned for or employed at an institution of higher education or its affiliated or related nonprofit entities, a nonprofit research organization or a government research organization. The H-1B visa usually can be done through Premium Processing (USCIS advises employers yearly of this availability).
This is the exchange visa program, coordinated by the U.S. Department of State. The J-1 visa covers corporate trainee programs, au pair programs, certain college and university students, research scholars, professors, physicians and others. Some J-1 visas have a mandatory 2-year residency requirement, where the beneficiary must spend at least 2 full years in the home country before applying for residency or certain visas in the U.S. However, some J-1 beneficiaries may qualify for a waiver of the 2-year residency requirement.
The K-1 visa allows fiancées of U.S. citizens to obtain a visa to the United States, so that he or she can come and marry their loved one within 90 days of their arrival in the country. The first part of the process is done directly by the U.S. citizen in the United States, and once approved the fiancée must attend a consular interview.
The L-1 visa allows organizations in the United States to bring for a temporary period certain executives or managers from affiliated companies abroad. This is known as the intercompany transfer visa, and it is an excellent option for multi-nationals to bring talent to the United States. This visa is a dual-intent visa, which allows the beneficiary to eventually pursue permanent residency without compromising their temporary visa status. The L-1 visa can be done through Premium Processing.
The O-1 visa is for certain individuals of extraordinary ability in the fields of business, sports, arts, education or sciences. This visa requires a U.S. sponsor in the United States, which can be an employer or an agent. This is an excellent visa for those who wish to bring top talent to the United States, be it for a series of performances, or a temporary position at a U.S. company. This case is highly personalized and requires robust evidentiary documentation. The O-1 visa can be done through Premium Processing.
The P visas are available to certain athletes and entertainers who are coming to the United States to compete and to perform. The P-1A visa can be ideal for individual athlete or team at an internationally recognized level of performance, or certain coaches as part of a team or franchise in the U.S. In the arts, the P-1B is used by members of internationally recognized Entertainment group; the P2 for individual performers or group in reciprocal exchange programs, and the P-3 for those with culturally unique performances.
This visa is available for non-profit religious organizations in the U.S. who wish to employ temporarily qualified individuals in religious occupations, or as ministers or those with a religious vocation. If the religious organization already filed an R-1 visa in the past, Premium Processing may be available.
U.S. law provides a special nonimmigrant status for qualified individuals who have been victims of human trafficking. T status is also available for certain qualifying family members of trafficking victims. T nonimmigrants are eligible for employment authorization and certain federal and state benefits and services. T nonimmigrants who qualify may also be able to adjust their status and become lawful permanent residents (obtain a Green Card).
These are visas provided by NAFTA (Nor American Free Trade Agreement) for qualified Mexican and Canadian citizens. The TN visa allows U.S. companies to bring to the United States certain qualified professionals to full-time positions in the United States.
Individuals who have an approved immigrant petition, either family based or business based, may either obtain their immigrant visa at a U.S. Consulate abroad or seek to adjust their status while in the United States. Some cases require that the individual maintain lawful status in order to adjust to lawful permanent resident while in the United States. Some types of cases allow for the application for adjustment of status to be submitted concurrently with the immigrant visa. These petitions can be complex, and the attorneys at Andrade Canona will guide you throughout the process.
Immigration law allows certain U.S. citizens and Lawful Permanent Residents (green card holders) to petition family members. These are the types of family-based immigrant visas available:
Spouses, minor children (under 21) and parents of U.S. citizens are considered “immediate relatives” and thus have visas available to them, without the need to “wait in line.” If the family members are in the United States seeking adjustment of status, time without status or working without authorization anis usually waived. However, they must have either entered with a visa or been paroled into the U.S. in order to qualify for adjustment of status. There are certain waivers and provisions in the law which may cure possible admissibility issues. Those seeking to obtain the residency of their family members who are abroad, will submit the initial petition in the U.S., and once approved, the family members will attend an interview at the consulate to obtain their immigrant visas and enter the U.S. as permanent residents.
Minor children (21 and over) and spouses of lawful permanent residents are not considered immediate relatives and thus, will have to wait until a visa is available for them to obtain permanent residency. The U.S. citizen files a petition for each family member in the U.S., with USCIS, and once approved the family members attend a consular interview abroad or, if the family members maintained legal status in the U.S., they may be able to adjust status to permanent resident inside the U.S.
Adult children (21 and over) of U.S. citizens are not considered immediate relatives and thus, will have to wait until a visa is available for them to obtain permanent residency. The U.S. citizen parent files a petition for the adult child in the U.S., and once approved the adult child attends a consular interview abroad or, if the child maintained legal status in the U.S., they may be able to adjust status to permanent resident inside the U.S.
Adult children (21 and over) of lawful permanent residents are not considered immediate relatives and thus, will have to wait until a visa is available for them to obtain permanent residency. The U.S. citizen parent files a petition for the adult child in the U.S., and once approved the adult child attends a consular interview abroad or, if the child maintained legal status in the U.S., they may be able to adjust status to permanent resident inside the U.S.
Adult children of U.S. citizens are not considered immediate relatives and thus, will have to wait until a visa is available for them to obtain permanent residency. The U.S. citizen parent files a petition for the adult child in the U.S., and once approved the adult child attends a consular interview abroad or, if the child maintained legal status in the U.S., they may be able to adjust status to permanent resident inside the U.S. The good news is that once the visa is approved, it also covers the spouse and minor children (under 21) of the beneficiary. Once the visa is approved, they all can come to the United States as permanent residents.
Siblings of U.S. citizens are not considered immediate relatives and thus, will have to wait until a visa is available for them to obtain permanent residency. The U.S. citizen files a petition for his or her sibling in the U.S., with USCIS, and once approved the sibling attends a consular interview abroad or, if the sibling maintained legal status in the U.S., they may be able to adjust status to permanent resident inside the U.S. The good news is that once the visa is approved, it also covers the spouse and minor children (under 21) of the beneficiary. Once the visa is approved, they all can come to the United States as permanent residents.
Immigration law provides for permanent residence opportunities for certain individuals of extraordinary ability and professors, those who will do work in the national interest, certain workers, ministers, and investors. At Andrade Canona we provide you with detailed explanation of these types of cases, so you can clearly understand the requirements of each one. We will together define a strategic plan that better works for you or your organization, and we will assist you from beginning to end. We believe that it is very important that clients understand the process, which is done with transparency and excellence. We have helped many individuals immigrate to the United States through employment and investment-based petitions. It will be our pleasure to assist you or your organization.
The EB-1A Immigrant visa (green card) is available for individuals with extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim proven by extensive documentation. This is a straight path to permanent residency (green card) and no offer of employment or sponsor is necessary. This petition extends to the family of the petitioner (minor children and spouse).
: Immigrant visa (green card) available for professors and researchers who can demonstrate international recognition for outstanding achievements in a particular academic field. For this category, three years of experience as professor or researcher is necessary in that academic area. Offer of employment is required; therefore, before entering the United States, the professor or researcher applicant needs a position in his or her area at a university or institution of higher education. The permanent residency is extended to the applicant’s spouse and children under 21 years of age.
Immigrant visa (green card) available for multinational managers or executives who have been employed outside of the United States for at least 1 year of 3 years preceding the petition or the most recent lawful nonimmigrant admission if already working for the U.S. petitioning employer. Requires a U.S. employer to petition on behalf of manager or executive form an affiliated or subsidiary/parent company abroad. U.S. employer must have been in business for at least one year and have a qualifying relationship with the entity the applicant worked for outside of the United States. Employment must be in a managerial or executive capacity. Once approved, the residency extends to the spouse and minor children of the beneficiary.
Immigrant visa (green card) available to members of the professions holding an advanced degree or its equivalent, or individuals with exceptional ability. Usually requires a sponsor who files a labor certification on behalf of the foreign national. For the subcategory National Interest Waiver (NIW), the petitioner must also demonstrate to USCIS that it is in the national interest of the United States to waive the requirement of a job offer. Once approved, the residency extends to the spouse and minor children of the beneficiary.
: Immigrant visa (green card) available to organizations who seek to employ skilled workers, professionals, and other unskilled workers. A labor certification issued by the U.S. Department of Labor is required with a permanent, full-time job offer. Once approved, the residency extends to the spouse and minor children of the beneficiary.
Immigrant visa (green card) available to special immigrants, including religious workers, special immigrant juveniles, certain broadcasters, employees of certain international organizations and NATO civilian employees, members of the U.S. armed forces, certain physicians, Afghan or Iraqi translators, and Iraqis and Afghans who were employed by the U.S. government. Some categories may allow for self-petition while others require a U.S. employer file the petition on behalf of the special immigrant. Once approved, the residency extends to the spouse and minor children of the beneficiary.
Immigrant visa based on a capital investment of $900,000 (Target Employment Areas or TEA – Rural area or area of high unemployment) or $1,800,000 in a company or a project within a Regional Center (a project that is approved by the United States Citizenship and Immigration Services (USCIS) and conducive to this visa category.) This visa category was created to stimulate the U.S. economy through job creation and capital investment by foreign investors. There are specific requirements on the source of funds and job creation. An EB-5 investor must invest the required amount of capital in a new commercial enterprise that will create full-time positions for at least 10 qualifying employees. For a new commercial enterprise not located within a regional center, the enterprise must directly create the full-time positions. For a new commercial enterprise located within a regional center, the new commercial enterprise can directly or indirectly create the full-time positions. Once approved, the residency extends to the spouse and minor children of the beneficiary. The initial green card is conditional and before the second anniversary the petitioner must apply for removal of conditions.
Certain individuals may be considered inadmissible to the United States because they entered without a visa, overstayed their visa, committed crimes, or have other disqualifying background. In such cases, there may be waivers available to these individuals, which can be used in connection with their immigrant or non-immigrant petitions. Each case must be analyzed individually, based on the specific facts and circumstances.
Being in removal proceedings can be a scary situation. A strong and dedicated representation at immigration court can enhance your chances of staying in the United States. The attorneys at Andrade Canona can represent you at immigration court proceedings around the country, including bond hearings.
Clients who have their non-immigrant and immigrant visa petitions adjudicated by the U.S. consulate in their home country can count on Andrade Canona for support. From the preparation and submission of the forms and documentation, to preparing you and your family for the interview, you will feel confident with our detailed and caring support.
There are circumstances where individuals do not have access to forms and documents that were submitted on their behalf, or they are unaware of adverse information in their files. Andrade Canona can help you obtain a copy of the documents in your files with the U.S. government through FOIA requests.
It is very unfortunate when an immigration case is denied. However, there are many options for petitioners who wish to challenge these denials, through an appeal or motions to reopen and reconsider, filed with the AAO (Administrative Appeals Office) or the BIA (Board of Immigration Appeals). The attorneys at Andrade Canona have extensive experience in appeals, with excellent results.
There are times when immigration officers abuse their discretion or commit serious errors in the adjudication process. In those circumstances, you may wish to file a lawsuit in federal court, which will provide you with an opportunity to avail yourself from the neutral opinion of a federal magistrate or judge. The attorneys at Andrade Canona have successfully represented clients in immigration cases in federal court.
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