Call Now 770-769-5820

What should I do to be a beneficiary of an O Visa?

January 14, 2020

Is there a difference between a Green Card and an O Visa? Are there different types of O Visas? How do I apply for an O Visa? All of these questions and more will be answered in this blog. If you have additional questions, we’re experienced immigration lawyers that will be happy to talk to you. What is an O Visa? First, an O Visa is a nonimmigrant visa granted by the USCIS for a person who possesses extraordinary skills in the areas of science, arts, education, business, and sports. That is, they have managed to be recognized in their professions nationally or worldwide for achievements in their fields. This sounds like a broad category for visas, but the beneficiary of the visa, or the person who is hoping to come work in the U.S, must meet at least three of the eight O Visa requirements to be considered. There are three different types of O Visas depending on the field of expertise, work assistance, and family members.  O-1 Visa (a): visa granted to all those people with an extraordinary ability in science, education, business or sports. O-1 Visa (b): visa granted to all those people with an extraordinary ability in the field of the arts, as well as in movies and on television. O-2 Visa: this visa is granted to those people who will accompany the person holding the O-1 Visa. These people are an integral or essential part of the work and must have a high critical capacity and experience to help the worker perform in the United States. O-3 Visa: visa granted to people who are spouses or children of the person who is requesting an O-1 Visa or an O-2 Visa. What is “extraordinary ability”? Success is measured differently all around the world. So what does it mean to have an extraordinary ability that qualifies someone for an O-1 Visa (a or b) instead of a Green Card or another type of visa? The USCIS has a list of requirements that the person must meet in order to be considered for an O Visa. These requirements serve as proof that they have achieved success in their professional career and, therefore, have enough documents to support and enforce the claim.     Unless the person possesses a major internationally recognized award such as a Nobel Prize, they must meet three of the following eight requirements: Recipient of one or several national or international awards in their field for excellent work. Membership in a nationally or internationally recognized organization focused on excellence and outstanding achievements in their field of expertise. Published material in a professional or major trade publications or other types of major media. These do not necessarily have to be written by the person, but they must highlight the significance of them and their work. Contributed original scientific, scholarly/academic, and/or business related work that is of major significance in their field of expertise Author of scholarly articles in their field published either in professional journals or other major media that require classification to be published in. Be paid a high salary or other form of compensation […]

Read more

An Overview of Deportation Basics

November 8, 2019

The United States reserves the right to deport foreigners who participate in criminal acts, threaten public safety or violate the detailed specifications on their visas. Crossing the border without documentation or with forged documentation counts as a criminal act and can make you eligible for deportation from the country. Even when you enter the United States with the appropriate visa, if you violate the terms of that visa, you may also be eligible for deportation. There are many ways to be expelled from the United States: accelerated deportation, reinstatement of deportation, administrative deportation, regular deportation … You can know what type of proceedings you’re in based on the document the Department of Homeland Security (DHS) has given you to explain your removal. However, you can and should contact an immigration lawyer to find out your legal status. Expedited removal Accelerated deportation occurs when you are arrested at or near the border. The accelerated or expedited detention and deportation law was passed by Congress over 20 years ago and the measure was applied to the first 100 miles from the border. However, in July 2019, the law was adapted to the whole country for undocumented immigrants who had been in the country for less than 2 years. If you fear you may fall into this category, don’t panic. Contact an immigration lawyer and follow these recommendations: Gather evidence to prove your physical presence within the U.S. This evidence will help you avoid an expedited deportation process. Keep original documents. If you are arrested, you won’t be able to access the documents that prove your presence in the U.S, so someone your trust must be able to access the documents.   Reinstatement of removal The restoration of deportation is a process linked to expedited or accelerated deportation. It occurs when you are arrested for entering the United States without documentation after being previously deported. In this case, deportation will be reordered without a hearing before an immigration judge, even if your circumstances have changed. Administrative removal Administrative removal occurs if DHS (Department of Homeland Security) says that you have been convicted of a violent crime and, therefore, are not a permanent legal resident of the United States. How to know the status of my deportation? If the document you have is a “Notice of Appearance,” then your regular deportation process has begun. If your document is an “Order to prove cause”, then you are in deportation proceedings. Finally, a document labeled as I-110 or I-122 means that you are being deported. The Zambrano & Ruiz Law Firm can help with any of these deportation procedures. They passionately advocate for immigrants in order for families to stay together. The Voluntary Departure The voluntary departure is an option, often chosen after a hearing with an immigration judge. You can choose to leave the United States before completing the expulsion process. If you do so voluntarily, you can request re-entry without any problem. Failure to do so means you could face a fine and a 10-year ban on various forms of relief from deportation. If during immigration, detention, or removal proceedings you are discriminated against, […]

Read more

How to renew your Green Card?

November 15, 2016

The expiration or expiration of a Green Card does not mean that you are no longer a permanent legal resident of the United States. Unless you commit a crime that causes you to enter the list of deportable persons or stay abroad for longer, you will remain a permanent resident for life. To show the relevant authorities that you can live and work legally in the United States, in order to travel and return without problems, you just have to keep in mind the renewal times. When you have a 10-year Green Card it is very important to renew it immediately and if it expired or will expire in the next 6 months, it is important to consider these steps: Complete a renewal application online or by mail. Gather your supporting documents. Pay government fees, if necessary. Send your request and wait for your new green card. It is very important to consider the times since USCIS can deny your request and withhold your payment if you submit your request too soon. How do I check the status of my application? The status of your renewal application can be reviewed online only with your receipt number. In the event that your application for the renewal of the Green Card is denied and meets all the requirements, you will need the help of an immigration lawyer to review your application and file a motion. In these cases, the collaboration of a lawyer is important because you will not be allowed to appeal a negative decision of this Agency. Not as long as the law is met, there are situations in which the US government. UU. You could deny a Green Card renewal application.   The clearest example is having committed a crime or not paying the corresponding taxes. Although it also happens that your request is denied for lying or submitting an incorrect form. However, you will always receive a letter explaining the reason you were denied. Once you need the services of an immigration lawyer in Atlanta to file a motion, you can ask the USCIS office to consider reviewing your case again to examine your decision. To reopen your case you must present the evidence and documents by which you are eligible to renew your Green card. “When you appeal a decision to the AAO, the USCIS office that made the original decision will first review the appeal to determine whether you should take favorable measures and grant the requested immigration benefit. During this “initial field review,” the review office will treat the timely appeal as a motion to reopen or a motion to reconsider and approve the request or request; or forward the appeal and the record of procedures related to the AAO to issue a new decision. ” USCIS – Appeals and Motions The review of the green card motion may take approximately 45 days. But, in case USCIS grants your request to the AAO (Office of Administrative Appeals) for further review, it may be ready within the first 6 months of your appeal. The Zambrano & Ruiz attorneys are aware of immigration laws and can know […]

Read more

Five things to know about the new Public Charge Rule

July 28, 2016

Foreigners who request a visa to enter the United States must now more than ever demonstrate that they have full capacity to finance their trip and their stay in the country. Even Though this requirement is not new to the immigration system, the new Public Charge reform will put a stronger emphasis on immigrants’ financial capability to minimize the chances of allowing immigrants who might need financial support enter the country. As of February 24, 2020, the Trump administration will put into effect a new regulation for the new Public Charge rule in which they intend to investigate and requiere foreigners who enter or ask for a Green Card to provide very specific details and records about their health, education, income, and family history. Back in August 2019, the Citizenship and Immigration Services explained, “Self-reliance has long been a basic principle of United States immigration law. Since the nineteenth century, Congress has established a statute in which people who arrive to the country are inadmissible if they cannot sustain themselves without becoming a public charge. ” The new Public Charge regulation includes 20 new chapters that would make it easier for immigration agents to refuse green card petitions or even refuse foreigners to enter the country through any point of entry based on their financial capability. Due to these changes, it is very important to ask an experienced immigration attorney to represent you and help you complete and submit corresponding documents to prove that you will not become a ‘public charge’. In this new blog Zambrano & Ruiz Immigration Attorneys talk about 5 important things you should know about the public charge rule. 1. What is public charge? The Citizenship and Immigration Services states that “For purposes of determining inadmissibility, “public charge” means an individual who is likely to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense”. 2. Age A key factor in determining whether an immigrant might become public charge to the United States is the age at the time of application. Immigrants that are between 18 and 61 years are considered at low risk of becoming a public charge. However, age is only a small factor to overcome, and applicants that fall under or over this age-frame might still be able to apply for immigration benefits.   3. Health Immigration officials who review new applications will consider applicants’ health as one of factors to deny or approve immigration benefits. Those applicants with conditions that require constant medical attention will be considered at a higher risk of becoming a public charge to the state. For this reason, the new Public Charge Rule would prevent immigrants from obtaining benefits to get medical attention in the United States. 4. Family When reviewing applications, immigration agents will also take into consideration family history to determine if applicants are at risk of becoming a public charge to the country. This consideration is given if the foreigner has a home to support, will be supported by others, or if there is any chance that […]

Read more
Call Now
Directions