WHY
CHOOSE US
CHOOSE US
If you are a foreign employee of the media, press, or a radio station who needs to come to the United States to work on a story, then the I Visa is the right visa for you.
Here’s what you need to know about this visa category.
You can apply for an I Visa if:
Spouses and children under the age of 21 may accompany the I visa holder to the United States on visas of their own. They won’t be authorized to work in the United States, but they may attend school.
You cannot travel to the United States to create advertisements, to search for work, or to do projects for the entertainment industry.
You must apply for an I Visa at a United States consulate before you come to the United States.
Plan ahead with your media organization, because processing can take 3 to 5 weeks. Thus, these visas are generally not the best visas for hot, fast news stories. They’re better for longer, ongoing situations or for documentary projects.
If you need to get into the United States for a shorter news cycle story, you may need a different kind of visa that works a little faster.
It depends on the anticipated length of the project. They last for a maximum of five years, but that doesn’t mean you’ll receive a 5-year visa for every single projects.
If there is a reason why your project may need more time, you may file Form I-539 to apply for an extension of stay. Extensions don’t last longer than 90 days, but you can submit multiple, sequential, timely-filed extension of stay requests.
Your visa will have a Duration of Stay listed on the visa. You must pay attention to this date.
Finally, if you leave the foreign media organization the I visa will no longer be valid and will need to leave the United States.
Our office helps professionals around the world navigate the visa process so that they can pursue their goals in the United States.
Smooth the process by reaching out to our law office today.
See also
How Much Money Do You Need to Immigrate to the United States?
Healthcare professionals who are immigrating to the United States must complete a VisaScreen to qualify for certain work visas. VisaScreen helps match credentials earned in other countries to eligibility standards here in the United States.
The program reviews the applicants education, licenses, and English language skills. Nurses must also pass a US-registered nurse licensing exam, or prevent a CGFNS certificate.
Completing the VisaScreen program ensures you’ll be able to work in your field when you get to the United States, rather than being forced into underemployment.
You will require a VisaScreen if you are a:
Immigrants from some countries are exempt from having to complete the VisaScreen process. The exemption countries include Australia, Barbados, Canada, Ireland, Jamaica, New Zealand, South Africa, Trinidad, Tobago, and the United Kingdom. You also will not need one if you are seeking permanent residency status based on your relationship to a United States citizen.
You can ask for Expedited Review, which means you’ll receive your certificate within 2 to 3 business days, so long as you meet all of the requirements.
Without expedited service, the amount of time that it takes to complete your report and generate your certificate does vary.
Once you pass the VisaScreen you’ll be awarded a VisaScreen Certificate. This may be presented as part of a visa application or brought to a consular office. You can also show the certificate to a potential employer to help them understand the extent of your qualifications.
A VisaScreen certificate is valid for five years.
You may renew the certificate without retaking certain exams as long as you can show you’ve been employed in the United States in the health care profession designated on your certificate for at least 27 to 36 months, including 9 months of the year before the date that the renewal application is submitted. You must also have your employer complete, sign, and submit an employment summary on corporate letterhead.
A VisaScreen is just one of the many requirements a healthcare professional must meet in order to immigrate to the United States. There are many other complex steps that you will have to go through, even if you are only seeking temporary work here.
Smooth the process by reaching out to a qualified immigration law. Hykel Law is here to help and ready to listen. Contact us today.
See also:
Immigration to the US, for Nurses
3 Immigration Mistakes to Avoid
Is it Possible to Get a Work Visa Without a Sponsorship?
Becoming a lawful permanent resident of the United States is possible with an EB-5 investment visa. Yet you can’t just buy yourself a house in Philadelphia (or any other city in the United States) and expect to meet the requirements. Your single-family residence wouldn’t count at all.
Instead, you must directly or indirectly invest $900,000 or $1.8 million into real estate for a business enterprise, along with meeting the other requirements of the EB-5 visa.
Nevertheless, if you can come up with the money, this is one of the easiest and most straightforward ways to secure a green card which includes a pathway to citizenship. In addition, you can obtain permanent green cards for your spouse and all unmarried children under the age of 21.
In order to begin the process, you must find an EB-5 approved real estate project and invest in it. There are companies who specialize in helping immigrants find these projects. You could also invest with an EB-5 regional center. There are quite a few of them in Pennsylvania.
You will also have to create a business plan which reflects EB-5 investor program requirements, which is a task a qualified immigration lawyer can help you with.
Finally, your investment must create at least ten full-time jobs for American workers, and you must prove that it has done so. You have two years to meet this goal with your investment. If the investment fails to meet this goal then the visa may be at risk. As real estate does not always create jobs, it may be wise to look into other investments as well.
You’ll receive a conditional green card, which can be adjusted to a permanent green card after a year.
You will also have the right and ability to profit off of your investments, and may be eligible for certain tax benefits (contact an accountant for tax benefits and obligations).
Choosing an EB-5 visa is a very serious legal and business decision, and it’s not something you should be attempting on your own.
Make sure you add an experienced, qualified immigration lawyer to your team. We can help ensure that your visa application is as strong as possible. If you’re going to invest a million dollars into your quest to move your family to the United States, it is worthwhile to get the job done right.
See also:
5 Steps to a Smoother Immigration Process
Tax Time for Immigrants: What You Should Know
More than 10,000 people age out of green cards each year. The issue is becoming so major that many tech companies are urging the Department of Homeland Security to revise aging out policies. More than 200,000 children grow up in the United States on parent visas, without having visas of their own.
If your child turns 21 while you’re still waiting for a green card then they might “age out” of the permanent status that they would have gained if their parent had been able to obtain a green card. This problem is very common thanks to backlogs in US immigration.
The Child Status Protection Act is meant to help with this issue somewhat. It allows some beneficiaries to retain status as a child for the purposes of immigration, even if they’ve reached the age of 21.
CPSA beneficiaries must be:
The child’s “immigration age” is calculated by subtracting the number of days the petition has been pending from the age of the child at the date a visa becomes available.
You might have to leave the country. There may also be options for obtaining employment-based authorization of your own, or, if you are getting married to a US citizen, you may be able to obtain spousal immigration on your own, as an adult, rather than as a child.
It is possible for the children of immigrants to get green cards of their own, or even to naturalize as US citizens. Yet this requires help from a qualified immigration lawyers.
If you fear you or your child are in danger of “aging out,” don’t delay. Contact Hykel Law to set up a case review today. We’ll review your options, answer your questions, and discuss next steps.
Contact us today.
See also:
Is My Family Member Eligible for Immigration?
What is the Child Citizenship Act?
Dobbs v. Jackson Women’s Health Organization recently overturned Roe v. Wade. Thanks to “trigger laws,” abortion became illegal in multiple states. It remains legal here in Pennsylvania, but that status could change.
The abortion issue recently made immigration news when US border officials asked an Australian tourist if she’d ever had an abortion. She was being detained at the time, and CBP claims the question was asked to determine if there were specific health needs they needed to meet. They also claim the question is supposed to be about pregnancy loss, that is, stillbirths or miscarriages that could indicate medical issues, and not abortion.
Nevertheless, the question was asked, raising the specter of whether or not there would be a great deal of intersection between abortion law and immigration law in the near future.
Getting an abortion in any of those states could lead to a felony conviction, which could make you ineligible for immigration benefits.
In addition, “Good Moral Character” is required for many immigration benefits. An abortion could be used against a woman seeking those benefits. The application of this could come down to the opinions and views of individual judges.
So, what should you do?
If you had a legal abortion in your own country or in a state where abortion is legal at some point in the past, then you do not necessarily have to disclose that abortion. Immigration forms if you’ve ever been arrested for a crime or convicted of a crime. They do not ask if you ever took an action that was legal at the time but is illegal now. Forms can change, of course, but as of right now there are ways to ensure the question simply does not come up.
If you are seeking an abortion now you should work closely with your immigration attorney before making any moves. You will want to be sure that it is legal when you do so and that it is unlikely to impact your current immigration case in any way. While it may not feel fair that you have to take all of these extra steps, immigration law is a minefield and “fairness” isn’t always the first concern of lawmakers at any level.
Immigration law changes swiftly, so it’s important to work with an attorney who will stay on top of it and who will help you respond to any changes that might impact your specific case.
Need help? Contact Hykel Law today.
See also:
What You Need to Know About “Good Moral Character” in Your Immigration Case
5 Steps to a Smoother Immigration Process
How Much Does an Immigration Lawyer Cost?
The Child Citizenship Act passed in the year 2000. If you have a child or adopted child of a U.S. citizen parent by birth or naturalization the child may be able to automatically acquire citizenship when entering the United States as a lawful permanent resident as long as they meet the following requirements:
If the child meets the requirements they do not have to apply for a certificate of citizenship, though they may acquire one if they wish.
This program often applies to the children of American parents who choose to adopt children from overseas. American parents adopt thousands of children from other countries every year, though this practice has declined in recent years.
It can also apply to some individuals who might wish to come to the United States as adults. Children born to a U.S. Citizen whose birthdate is on or after November 14, 1986, may have a right to U.S. citizen as long as the U.S. citizen parent was physically present in the U.S. for a period of at least 5 years at some time in his or her life prior to the birth, of which at least two years were after their 14th birthday.
If one parent was a U.S. citizens at the time of birth and the birthday falls between October 10, 1952 and November 14, 1986 then that person may have gained automatic citizenship at birth, so long as the parents were married and the U.S. citizen parent had been physically present in the U.S. for a period of at least ten years at some time in their life prior to the birth, at least five of which were after their 14th birthday. Such a person would want to apply for a certificate in order to gain access to the privileges of citizenship.
If you think you may be eligible for citizenship, or need help securing a child’s citizenship privileges, reach out to Hykel Law. While it can seem like the Child Citizenship Act is relatively straightforward, actually taking advantage of the law can become complicated quickly.
See also:
How to Help Your Parents Enter the United States Legally
Is My Family Member Eligible for Immigration?
How Much Does an Immigration Lawyer Cost?
The United States has been suffering from a nursing shortage for decades. The shortage certainly hasn’t gotten any better in the wake of the Covid 19 pandemic, which has led to widespread burnout. Many nurses are quitting.
In fact, 33% of nurses surveyed in 2022 intend to quit their job by the end of the year.
This creates opportunities for nurses who would like to immigrate to the United States. In fact, nurses may have an easier time getting into the United States than members of almost any other profession.
They are a Schedule A shortage occupation, which means employers can sponsor registered nurses for green cards without completing any labor certification processes.
To be eligible for a green card you must:
There are two options for individuals who want to work in the United States on a temporary basis. This may allow you to get valuable work experience in the United States before returning to your home country.
An H1-B visa allows you to remain in the United States for three years. It may be extended for six years. It also allows you to enroll in a program of study while you’re in the United States, so long as doing so doesn’t interfere with your employment. You will need an employer sponsor.
Residents of the United States and Canada may apply for a TN NAFTA professional visa which gives you temporary entry into the United States. It allows you to stay for a one year term but allows you to apply for additional terms so long as you maintain a foreign residence and do not intend to remain in the United States permanently.
Even if you are a nurse, getting any kind of a visa in the United States is a labyrinthine process. Your nursing degree, alone, won’t be enough to ensure a good result.
Fortunately, Hykel Law is here to help. We’re happy to ensure that your visa application is in top shape so that you can maximize your ability to work here in the United States.
See also:
New Options for H-1B and L-1 Visa Holders
Hoping to become a United States citizen through military service?
It’s a viable pathway, but it’s not as simple as signing up for your chosen branch of the armed forces. There are still eligibility requirements you’ll have to meet and steps you’ll have to take in order to successfully complete the process.
Here’s what you need to know.
Immigrant service members enjoy three major advantages.
The residency requirements are different depending on whether you served in wartime or in peace time.
If you served honorably for a period of one year during peacetime, then you may apply for citizenship. Your branch of the service must designate your service as “honorable,” and if you’ve been discharged it must be an honorable discharge.
If you wait more than 6 months after your discharge to apply, then you must live in the United States for a continual period of at least 5 years before you may apply. If you are still in the military, you can bypass the physical presence and residence requirements.
Anyone who served from September 11, 2001 to the present is considered to have served during a “period of hostility.” Other periods of hostility include:
Serving during a period of hostility means waiving all residency and physical presence requirements.
Whether you served or not, you must still meet all of the eligibility requirements for citizenship.
What if you weren’t enlisted, but served the military as a civilian? The Military Accessions Vital to National Interests (MAVNI) program might give you a pathway to citizenship.
You’ll need to complete Form N-400 and form N-426. You’ll also need to provide proof of honorable military service, as well as a copy of your fingerprint cards.
You’ll need to attend an interview with a USCIS officer. You may bring your immigration attorney to the interview.
Finally, you must take an Oath of Allegiance at an oath naturalization ceremony.
Don’t assume that military service will make the citizenship process easier. Mistakes may still block you from attaining citizenship, and there might be certain pitfalls that will need to be addressed in your specific case.
Turn to our office to get help. We can help you translate your military service into United States Citizen while ensuring the process goes as smoothly as possible.
See also:
Who Can Appeal an Immigration Decision?
How Much Money Do You Need to Immigrate to the US?
3 Immigration Mistakes to Avoid
The Uniting for Ukraine program allows Ukrainians to remain in the United States with the help of a sponsor. They will be here under humanitarian parole, which allows them to enter the United States and remain. They can also apply for an Employment Authorization document.
Humanitarian parole offers no direct path to a green card, though there is always a chance that it will be possible to adjust or change status to another lawful immigration status that does offer such a path.
But how does one become a sponsor?
If you don’t know any Ukrainians to offer sponsorship to, you can connect with them through a number of programs, including:
Sponsors may be U.S. citizens, permanent residents, and other “lawfully present individuals.” You do not need to be a family member. You will need to undergo a background cheek and complete a form I-134, a Declaration of Financial Support.
You will be responsible providing financial support for anyone you sponsor. This includes helping them obtain housing. You may also need to give them money directly to obtain necessities, or provide them with food, clothing, and medical insurance directly.
A sponsor should also be prepared to help their beneficiary apply for documents such as Social Security cards, state IDs, driver’s licenses, bank accounts, and for public benefits that are available to them through state and local services. The newcomers may also need help enrolling children in schools, or enrolling the entire family into ESL classes.
You can find a list of services which are available to refugees in Pennsylvania on this site.
Those who are admitted to the program will have authorization to work in the United States. If you are sponsoring a family or individual, you may also want to help them obtain employment.
Welcome.US provides an entire checklist of steps to take in order to help refugees obtain a great start here in the United States.
If you don’t have the funds or ability to be a sponsor on your own, you may be able to join a volunteer group or sponsorship circle that pools resources in order to help refugees.
If you are planning on sponsoring a Ukrainian family, then working closely with an immigration lawyer who can help you manage both your applications and theirs can help smooth the process for both parties.
See also:
What is the Uniting for Ukraine Program?
We look forward to helping you with your immigration case. We have the experience, knowledge and staff to handle your matter swiftly. Reach out today to discuss your needs for representation.