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Visas and Petitions for Immigration Benefits



Citizenship & Immigration Services (USCIS) Practice

Petitions.

 Mr. Basu will carefully evaluate your case, advise you on the information and documents that you need to provide, and represent you through the adjudication at USCIS.  For visas issued abroad, Mr. Basu can help the applicant marshal their information and documents for the visa processing and interview.

The following table shows a few common petitions; the USCIS website presents a comprehensive list of available forms:

Example Petitions
Petition
Applicant
Beneficiary
I-129 U.S. Employer Temporary alien worker / trainee to obtain a non-immigrant visa
I-129F U.S. Citizen Alien fiancé(e) or spouse who will apply for a non-immigrant visa abroad
I-130 U.S. Citizen
or LPR		 Eligible alien immediate relative
I-140 U.S. Employer Alien employee who intends to immigrate.  See below for employees who are eligible to self-petition without employer involvement.
I-485 Non-citizen  present in the U.S. Self-petition to adjust status to that of LPR (legal permanent residence), a.k.a. "green card"; note also I-698
I-526 Non-citizen investor Self-petition to immigrate in the E-5 employment-based category
I-589 Refugee Self-petition for asylum or withholding of removal; note also I-730
I-751 Conditional LPR Self-petition to convert two-year conditional LPR status to LPR
I-765 Non-citizen Self-petition for EAD (Employment Authorization Document)
I-821 National of designated country Self-petition for TPS (Temporary Protected Status)
I-821D Certain unlawfully present aliens Self-petition to extend prosecutorial discretion, called DACA (Deferred Action for Childhood Arrival)
N-400 LPR Self-petition for U.S. citizenship
N-470 LPR Self-petition to preserve LPR status if leaving for employment abroad

Waivers.

  If you are ineligible for a visa or an immigration benefit due to some condition such as unlawful presence, inadmissibility bar, criminal charges, ongoing proceedings, prior removal (deportation), or other reason, Mr. Basu can evaluate whether that condition may be waived.  If USCIS waives the condition, and there are no others, you will become eligible to apply for the visa or immigration benefit.  If such a waiver appears obtainable, he can help you prepare and file a waiver application, and represent you before the adjudicator.

New DHS final rule to benefit certain unlawfully present immediate relatives of citizens.  From March 4, 2013, a U.S.-based spouse, parent, or child ("immediate relative") of a United States Citizen may have his or her unlawful presence waiver decided before leaving the United States for their immigrant visa interview. Yes, the immediate relative of the citizen can stay here until USCIS decides the I-601A application for provisional unlawful presence waiver. Upon a favorable decision, the relative can take the waiver to the immigrant visa interview abroad. Call for a consultation on your USCIS waiver application, immigrant visa petition, or consular interview. For more on the new rule, see this article in The Washington Post (". . . the latest policy change could alter the personal calculus of many immigrants who have concluded that remaining in the United States illegally is less risky than applying for a visa and being separated for years on end").


Consular Practice



Some petitions result in a USCIS referral for visa processing abroad at an embassy, consulate, or CBP station.  Other visa applications can be made without going through USCIS, at an embassy or consulate abroad.  In either case, Mr. Basu can help the beneficiary or applicant marshal their documents for an interview or appearance abroad.  There is also limited opportunity for appeals of decisions already made by consular officers abroad.  Finally, an individual who is already in the United States as a non-immigrant may be eligible to adjust status from non-immigrant to immigrant by filing the appropriate petition with USCIS.

Immigrant Visa Processing.

  Some posts offer direct consular filing of an I-130 petition in limited circumstances.  Others require the petitioner to file the I-130 petition with USCIS, which refers visa processing to the embassy or consulate after it approves the petition.  The following are immediate-relative immigrant visas not subject to quotas:
Immediate Relatives of United States Citizens
Visa
Petitioner
Beneficiary
CR-1 U.S. Citizen Spouse, married less than two years
IR-1 U.S. Citizen Spouse, married more than two years
IR-2 U.S. Citizen Unmarried child (under 21 years of age)
IR-3 U.S. Citizen Orphan adopted abroad
IR-4 U.S. Citizen Orphan to be adopted in the U.S.
IR-5 U.S. Citizen
over 21		 Parent

The following family-preference immigrant visas are subject to annual numerical limits (quotas).  Of course, the "F-1" immigrant category here is not the same as the F-1 non-immigrant student visa:

Family-Preference Immigrant Categories
Visa
Petitioner
Beneficiary
F-1 U.S. Citizen Unmarried sons / daughters & their minor children
F-2 LPR Spouse, minor children, and unmarried sons / daughters over 21
F-3 U.S. Citizen Married sons / daughters & their spouses & minor children
F-4 U.S. Citizen
over 21		 Brothers / sisters & their spouses & minor children

An employment-based immigrant visa generally requires an employer to file an I-140 petition.  These visas are subject to quotas within an overall yearly total of 140,000 employment-based immigrant visas:

Employment-Based Immigrant Categories
Visa
Prerequisites
Beneficiary
E-1 I-140 Priority worker (1) of extraordinary ability; (2) an outstanding professor or researcher, or (3) a multinational manager or executive.  Additional requirements apply in each sub-group.
E-2 DOL Labor Certification;
job offer; and
I-140		 Either (1) a professional holding an advanced degree (or bachelor's degree with 5 or more years of progressive experience), or (2) a person of exceptional ability in the sciences, arts, or business.  National interest waiver is available to waive DOL and job offer; and the petitioner self-petitions via I-140.
E-3 DOL Labor Certification;
job offer; and
I-140		 (1) Skilled worker, (2) professional, or (3) unskilled / other worker.
E-4 I-360 Special immigrant who is in one of many (about 20) defined sub-groups.
E-5 I-526 Immigrant who will invest $500,000 to $1,000,000 or more of their own resources.  There are four visa subgroups with different requirements: C5, T5, R5, and I5.  The investor's spouse and minor (under 21) unmarried children also get an immigrant visa.

Mr. Basu's representation on employment-related visa petitions includes assistance with any required labor certification application.  Mr. Basu brings to this representation his personal experience with the immigration system and decades of work experience in high technology firms.

Non-immigrant Visa Processing.

  There are more than 45 types of non-immigrant visas available for temporary visitors.  Well known visas are the F-1 student, J-1 exchange visitor, B-1 business visitor, and B-2 tourism or vacation. The State Department provides a comprehensive list of the many temporary visitor visas.

As a matter of convenience, two types of non-immigrant visas may be issued abroad to intending immigrants (non-temporary visitors):

Non-immigrant Visas for Intending Immigrants
Visa
Petitioner
Beneficiary
K-1 U.S. Citizen Fiancé(e) who is abroad
K-3 U.S. Citizen Spouse who is abroad

As for other types of visas, Mr. Basu can help the applicant marshal their documents for any associated petition and the non-immigrant visa application or interview.  There is also limited opportunity for appeals of decisions already made by consular officers.

Department of Labor



Many employment-based visas, and petitions for employment-based immigration, require labor certification.  Mr. Basu's representation on employment-related visa petitions includes assistance with any required labor certification application.  Mr. Basu brings to the representation his personal experience with the immigration system and decades of work experience in high technology firms.

Labor certification is generally decided by the Employment and Training Administration within the Department of Labor.   Any notice denying certification should state where the employer may direct an appeal.  Appeals are usually directed to an Administrative Law Judge or to the Board of Alien Labor Certification Appeals (BALCA) .

Administrative forums