Immigration

As a Petitioner for your spouse to enter the U.S., you must be either a citizen or a legal permanent resident.

The first step in requires submission of Petition for Alien Relative (I-130), which must be submitted to U.S. Citizenship and Immigration Services (USCIS). Within this petition, you are requesting the U.S. to provide a green card to their spouse based on your citizenry or legal status.

After submission and approval of Form I-130, a visa application can be filed – but this is hardly the final step in the process. For some couples, the entire process takes a few months, while others could wait over a year. As a visa interview at a U.S. embassy or consulate is required, vaccinations and medical examinations required, and other potential requirements requested by USCIS.

The final approval is often a conditional residency that requires an extension of a previously approved visa and later steps for naturalization as a U.S. citizen.

The process to bring over your spouse can be complicated and extensive, but we can assist in navigating through its complexities to reunite you with your loved one.

Fiancé Immigration:

If you are a citizen of the United States, you can apply for your fiancé to enter the U.S. This application, which is known as Petition for Alien Fiancé (I-129F) or an application for a K-1 Visa, is so that your fiancé may legally enter the U.S. for the purposes of having the wedding within ninety (90) days. Once married, your spouse may continue live and work in the United States under a K-3 visa until a green card is received.

It is important to engage the services of a competent and caring family immigration attorney to help see you through the process as expeditiously as possible.

The rules and procedures surrounding any such application are complex and nuanced, but at the Law Office of Tejas S. Kapadia, PC, our attorneys / lawyers can guide you through the process. Contact us today. Click here.

If you are a businessperson or an investor, then the E-1 treaty trader visa and the E-2 investor visa are appealing options for you to stay in the United States for extended periods of time. The investment visa or the investor visa is not for everyone. It is exclusively for what the USCIS terms “Treaty Traders and Investors”, which means that you can only apply for the visa if you come from the nation that holds a treaty of trade and commerce with the United States. Our investment visa attorneys at the Law Office of Tejas S. Kapadia can prepare and file the required application and mandatory documents on your behalf. Our NJ based attorneys are proud to have assisted numerous entrepreneurs across New Jersey in obtaining entry and residency through this program.

The rules and procedures surrounding any such application are complex and nuanced, but at the Law Office of Tejas S. Kapadia, PC, our attorneys / lawyers can guide you through the process. Contact us today. Click here.

L1 visas allow multinational companies to transfer employees to a division, affiliate, or joint venture partner in the United States. A nonimmigrant visa, the L visa allows these intra-company transferees to live and work in the U.S. for up to five (L1-B) or seven (L1-A) years. To qualify for an L visa, the employee must have worked for a subsidiary, parent, affiliate or branch office of a U.S. company outside of the United States for at least one out of the past three years.

The L-1A visa is reserved for executives and managers in a supervisory capacity with a firm. The L-1B visa is available to highly skilled workers with specialized knowledge. For a complete discussion of the definition of “supervisory capacity,” “executive capacity,” and “specialized knowledge,” please visits our L Intracompany Transferees page.

The spouse and dependent minor children of the intracompany transferee qualify for L2 visas, which allow the spouse to work in the U.S.

The rules and procedures surrounding any such application are complex and nuanced, but at the Law Office of Tejas S. Kapadia, PC, our attorneys / lawyers can guide you through the process. Contact us today. Click here.

A citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for a temporary stay, or an immigrant visa for permanent residence. Visitor visas are nonimmigrant visas for persons who want to enter the United States temporarily for business (visa category B-1), for tourism (visa category B-2), or for a combination of both purposes (B-1/B-2).

The B-2 category is appropriate for tourism, social visits, certain medical treatments, and participation in amateur sports, music and related events. This category is also used for domestic partners not in a marital relationship, to accompany their qualifying partners. B-2 visitors generally are admitted to the United States for an initial admission period of six months. However, port of entry officers can further limit the admission period based on the purpose of the visit, one’s U.S. travel history and other considerations. In some situations, it is possible to obtain extensions of B-2 stay beyond the initial admission period. However, it is necessary to establish the need to extend the visit in a manner consistent with the B-2 requirements.

Requirements

In addition to the requirements common to all applying for the visitor visa to the United States, B-2 visa applicants must:

• Visit Purpose: Applicant must have the ability to show the U.S. visit as purely temporary and for activities permitted under the B-2
• Healthcare: If for medical treatment, documentation of the need for treatment in the United States and the financial ability to pay for the treatment

The rules and procedures surrounding any such application are complex and nuanced, but at the Law Office of Tejas S. Kapadia, PC, our attorneys / lawyers can guide you through the process. Contact us today. Click here.

For many individuals, achieving U.S. citizenship is a long-held goal pursued due to the wealth of opportunities citizenship will open for the immigrant and his family. Among the most rewarding experiences for a US immigration and naturalization lawyer is to see a client win American citizenship. But the road toward citizenship can sometimes be long and difficult; it takes an experienced and skilled law firm to handle the more challenging cases.

The rules and procedures surrounding any such application are complex and nuanced, but at the Law Office of Tejas S. Kapadia, PC, our attorneys / lawyers can guide you through the process. Contact us today. Click here.

What is Naturalization?

Naturalization is an extremely important process that requires the attention of an experienced citizenship and naturalization attorney. If you are over 18 years old and want to become a U.S. citizen, you will probably have to go through the naturalization process. You must fulfill one of the following circumstances to apply for naturalization:

• You have U.S. permanent residency (a.k.a. “Green Card”) and have lived in the United States for five years.
• You have asylum and have lived in the United States for four years.
• You are the spouse of a U.S. citizen and have lived in the country at least three years.
• You are a permanent resident, have served in the United States military, and have been in the country for three years.

If you qualify, you must prove that you have sufficient knowledge of U.S. history and government and can speak, read and write in English. Our immigration and naturalization lawyer can guide you through this process.

For further information, please contact the Law Office of Tejas S. Kapadia, PC, our attorneys / lawyers can guide you through the process. Contact us today. Click here.

A Green Card allows you to live and work permanently in the U.S. There are various ways that an individual may qualify for a green-card. Some of those ways are:

• Marriage based immigration
• Family based immigration
• Employment based immigration: An individual may immigrate to the U.S. based on a job offer or employment. Like Green Card Through a Job Offer, Investment, Self-Petition, Special Categories of Jobs: There are a number of specialized jobs that may allow you to get a green card based on a past or current job, such as Translator, Broadcaster, International Organization Employee, Religious Worker etc.
• Diversity visa lottery program (“Green-Card Lottery”): The DV Program is administered by the U.S. Department of State (DOS). 50,000 immigrant visas are available annually through this program for countries with low rates of immigration to the United States. Lottery winners are selected randomly among all entries, and are given a green-card upon entry to the U.S. Most lottery winners reside outside the United States and immigrate through consular processing and issuance of an immigrant visa, while others are in the U.S. and can adjust status from within the U.S.
• Asylum/Refugee: Refugee or asylum status may be granted to people who have been persecuted or fear they will be persecuted on account of race, religion, nationality, and/or membership in a particular social group or political opinion. Refugee status is given generally to individuals living outside the U.S. and who are unable or unwilling to return home because they fear serious harm. Individuals seeking refugee status should contact their local Embassy or the UNHCR in their country for assistance in the application process. http://www.unhcr.org/cgi-bin/texis/vtx/home

   

  Asylum is available for individuals already inside the U.S., regardless of country of origin or immigration status. It must be applied for within 1 year of entry into the U.S. If an individual qualifies for asylum, an application may be filed affirmatively with the U.S. Citizenship and Immigration Services (USCIS) or defensively with the Immigration Court. If granted, asylees are eligible to apply for legal permanent residence after one year.

For further information, please contact the Law Office of Tejas S. Kapadia, PC, our attorneys / lawyers can guide you through the process. Contact us today. Click here.