An F-1 applicant must demonstrate that:

1. He/she does not have “immigrant intent,” meaning the applicant must demonstrate that he/she has a foreign residence and has no intention of abandoning this residence.
2. He/she is a “bona fide” student who is qualified to pursue a full course of study.
3. He/she intends to enter the U.S. temporarily and solely for the purpose of pursuing a full course of study at an established institution of learning recognized as such by the U.S. government.
4. He/she will study only at an institution that he/she designates, which has been approved by Immigration and Customs Enforcement (ICE) in compliance with the Student and Exchange Visitor Information System (SEVIS).
5. He/she will not attend a public elementary school or publicly funded adult education program, with certain exceptions

An F-1 applicant must also present a SEVIS I-20 that has been issued by the approved school, and pay all appropriate fees. An F-1 applicant must also show that he/she has availability of funds allowing for sufficient financial support. Typically, the F-1 applicant must also be proficient in English or intend to receive training to become proficient. The applicant must intend to depart the U.S., and must maintain a full course of study. The individual must also demonstrate that he/she possesses sufficient academic credentials to attend the particular approved academic institution.

The spouse or unmarried, minor children of F-1 visa holders may be eligible to come to the United States on an F-2 Visa. This requires a showing by the spouse or child that the F-1 student has been admitted to the U.S., and is either enrolled in a full-course of study (or will be within 30 days) or that he/she is engaged in approved practical training following completion of studies. F-2 Visa holders are considered “dependents” of the F-1 students. F-2 holders must be issued his/her own SEVIS Form I-20 and may remain in the U.S. for as long as the principle F-1 student is in valid F-1 status.

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A) Business visitor visa (B1 visa category)- If you plan to visit the U.S. for some business meeting, business seminar or convention, for negotiation and signing of contracts, buy or sell real estate. Same is advised for foreign citizens accompanying those foreign businessmen or for those foreign citizens who accompany a U.S. businessman who is staying abroad and visits U.S. temporarily for a short period of time.

B) B2 Visa or Visa for Visits meant for Pleasure or Tourism or Medical Treatment- This type of visa is intended for those who want to visit friends or relatives in the U.S., for tourism or other pleasure purposes, for medical treatment, for amateur (which excludes receiving any payment) artists or musicians to participate in some musical or dance or any artistic competition or event, for amateur (which excludes receiving any payment) athletes or sportsmen to take part in some competition.
Some important facts about these visitor’s visas are described below.

The U.S. usually offers a 10 year, multiple entry visas for adult applicants. But 10 year visa doesn’t mean that you can go to the U.S. and stay for 10 years. It just implies that you have right to enter U.S. for visits which can last a period of time which is usually 6 months as many times as needed during a period of 10 years.

For the U.S. consular officers or USCIS every visa applicant is a potential migrant. So it is for the applicants to prove that they have genuine reasons to visit the U.S. and that they don’t have any intention of migration to the U.S. For example bank account statement for past 6 months or 1 year, industries, companies or businesses in the name of the applicant, ownership of significant real estate assets (land, apartments, house etc.), proof of permanent and valued jobs in one’s homeland, family left behind etc. are some documental proofs that can prove that one will return back to his home country after visit of U.S.A. Answers given to the consular officials during interview play big role in getting a U.S. visa granted.

Persons belonging to the 35 countries with which the U.S. has reciprocal agreement on visa free entry or visa on arrival also known as “Visa Waiver Program” (VWP) are allowed to enter the U.S. without a visa but on a machine readable passport.

Visa applications are to be made only at the U.S. consulate or embassy in your country of residence.

On entry of a foreigner on B1/B2 visa he or she will be usually granted permission to stay when you file Form I-94, which will usually be 6 months. But on expiry of this six months (3 weeks prior to expiry) you can file Form I-539, Application to Extend/Change non-immigrant status with the required documents at the USCIS and thereby extend your stay for 6 more months or change your visa status from another category to B or vice versa.

Gavlin & Associates will guide and assist you in the best possible way to make your B1/B2 visa application a 100% success.

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Victims of domestic violence or abuse from a U.S. citizen or LPR immediate family member are eligible to file a VAWA petition. Such individuals eligible for VAWA relief include: The abused spouse of a U.S. citizen or LPR. While an individual is not required to be currently married in order to file under VAWA, a VAWA petition must typically be filed within 2 years of the execution of a divorce. Where the spouse of a U.S. citizen or LPR is not the actual victim of domestic violence or abuse, but his/her child has been abused, the spouse may still apply under VAWA. One important feature of a VAWA petition is that applicants may self-petition for immigration benefits, which means that the applicant can apply for lawful permanent residence in the U.S. without the abuser’s assistance or knowledge.

Male applicants and children may also apply under VAWA to petition for lawful permanent residence, despite the fact that VAWA refers specifically to women.

The VAWA application process is typically more complicated than simply filling out a form. The experienced attorneys at Gavlin & Associates, P.C. will help you navigate this difficult process, and help you achieve success in obtaining freedom from a potentially dangerous and unpleasant personal situation. Contact our compassionate attorneys and staff today for a consultation to see if you qualify to file a VAWA petition.

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In order to qualify for SIJS:

1. The applicant must be under 21 years old
2. The applicant must not be married, both when he/she files the application and when USCIS makes a decision on the application
3. The applicant must obtain a state court must have issued order that contains certain findings, which USCIS uses to determine SIJS eligibility. The state court may be called “juvenile court,” “family court,” or some other name, depending on which state the court is in, and the court must have the authority under state law to decide on the custody and care of children. A SIJS applicant must be declared as a dependent in such a juvenile court.
4. Reunification with one or both of the child’s parents must no longer be a viable option (because of abuse, abandonment, neglect, or a similar reason under state law); AND
5. It must be demonstrated that it is not in the best interests of the minor SIJS applicant to return to his/her country of nationality or last habitual residence.

There are many advantages and benefits to obtaining Special Immigrant Juvenile Status. SIJS waives several types of inadmissibility that would otherwise prevent the individual from becoming a lawful permanent resident, including waiving unlawful entry, working without proper authorization, status as a public charge, and particular immigration violations. Obtaining SIJS allows an individual to adjust his/her status to that of a lawful permanent resident, obtain work authorization, and eventually apply for U.S. citizenship.

There are two main steps in obtaining Special Immigrant Juvenile Status. First, the applicant must engage in a proceeding in the Family or Surrogate’s Court in the county where he/she resides. As part of this proceeding, the minor must be issued a “special findings order,” which declares the minor’s eligibility for SIJS. Second, after receiving this order from the Family or Surrogate’s Court, the minor can then submit a SIJS application to USCIS for adjudication.

Although SIJS allows the individual to adjust status to that of a lawful permanent resident, individuals who obtain LPR status through SIJS can never petition for LPR status for his/her parents. Individuals who obtain LPR status though the SIJ program also cannot petition for a green card for his/her brothers or sisters until the individual becomes a U.S. citizen.

It is crucial to have an immigration attorney handling your case who is experienced in both immigration procedures and the state juvenile courts. The attorneys at Gavlin & Associates, P.C. have extensive experience successfully assisting clients in obtaining SIJ status. Contact us today for a consultation, so that we may help you through the complex SIJS application process.

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There are several types of O visas available:

1. O-1A: Individuals with an extraordinary ability in the sciences, arts, education, business,
   or athletics
2. O-1B: Individuals with extraordinary achievement in the motion picture or television
   industry
3. O-2: Individuals who will accompany an O-1 individual to assist in a specific event or
   performance (must be an integral part of the actual performance, must have critical skills that are not general in nature and cannot be performed by other individuals, and must have a foreign residence that he/she has no intention of abandoning)
4. O-3: Individuals who are the spouse or children of O-1 and O-2 visa holders.

The initial period of stay for individuals in valid O status may be up to 3 years. However, an approved O visa petition will have a validity period starting on the date of approval and ending on the date requested by the petitioner. The ending date may not exceed the date which USCIS has deemed necessary to complete the work-related “event” or activity in which the individual will participate in the U.S. While this valid initial time period approved may be up to 3 years in length, it may be significantly shorter than that. Requests for extensions to stay and complete an event will be considered by USCIS, who will then decide the adjusted time necessary to accomplish the initial event or activity; extensions may be granted in one-year increments.

The requirements for those seeking an O visa (taken from USCIS’s online instructions for O visa applicants):

Evidentiary Criteria for O-1A
Evidence that the beneficiary has received a major, internationally-recognized award, such as a Nobel Prize, or evidence of at least (3) three of the following:

• Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor
• Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized national or international experts in the field
• Published material in professional or major trade publications, newspapers or other major media about the beneficiary and the beneficiary’s work in the field for which classification is sought
• Original scientific, scholarly, or business-related contributions of major significance in the field
• Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought
• A high salary or other remuneration for services as evidenced by contracts or other reliable evidence
• Participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field for which classification is sought
• Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation

If the above standards do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence in order to establish eligibility.

Evidentiary Criteria for O-1B
Evidence that the beneficiary has received, or been nominated for, significant national or international awards or prizes in the particular field, such as an Academy Award, Emmy, Grammy or Director’s Guild Award, or evidence of at least (3) three of the following:

• Performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts or endorsements
• Achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications
• Performed and will perform in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials.
• A record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating or standing in the field, box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications
• Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the beneficiary is engaged, with the testimonials clearly indicating the author’s authority, expertise and knowledge of the beneficiary’s achievements
• A high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence.

If the above standards do not readily apply to the beneficiary’s occupation in the arts, the petitioner may submit comparable evidence in order to establish eligibility (this exception does not apply to the motion picture or television industry).

The experienced attorneys at Gavlin & Associates, P.C. will initially evaluate your situation and assess the options for your potential petition. We will work closely with you in gathering all necessary evidence to get your O-1 visa petition approved and ensuring that your O-1 visa is handled in the most effective way possible, including: communication with your future employer to facilitate their sponsorship for your petition; working with you and your potential employer in drafting letters and gathering evidence for your petition; helping you obtain the affidavit or advisory opinion with an appropriate peer group or independent consulting organization regarding the nature of the work you will be doing; drafting the petition letter on your behalf; submitting the completed petition packet to the proper USCIS Center via registered mail; and following up on your application by contacting USCIS with a case status inquiry.

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The E-3 visa provides many benefits. The application process for E-3 visas is generally faster than the process for other non-immigrant visas. While similar to H-1B visas and H-1B1s, the E-3 category has different benefits and requirements. E-3 applicants must file the same Labor Condition Application (LCA) as the one used for H-1B visas and H-1B1s. Those granted an E-3 visa are admitted for a period not to exceed the validity of a LCA, and the term of admission ordinarily granted is for 2 years. E-3 visas can be renewed indefinitely in two-year increments, not to exceed the term of validity for an LCA.

Australian citizens applying for an E-3 visa are not subject to the 65,000 annual visa cap that applies to the issuance of H-1B visas. Instead, the E-3 category has its own separate quota, allowing for the issuance of up to 10,500 E-3 visas per fiscal year. The 10,500 E-3 visa cap does not apply to those seeking an E-3 extension if the applicant remains with the same employer that was named in the initial application. Spouses and children of E-3 visa holders receive the same E-3 classification; however, spouses and children of the principle are not subject to the 10,500 annual via cap and need not be Australian nationals.

The attorneys and staff at Gavlin & Associates, P.C. have extensive experience handling all types of immigrant and nonimmigrant visas. Please contact us to see how we can help you obtain immigration status in the U.S.

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An individual may be eligible for a U visa if:

1. He/she has been the victim of qualifying criminal activity. Qualifying crimes are abduction, abusive sexual contact, blackmail, domestic violence, extortion, false imprisonment, female genital mutilation, felonious assault, fraud in foreign labor contracting, hostage, incest, involuntary servitude, kidnapping, manslaughter, murder, obstruction of justice, peonage, perjury, prostitution, rape, sexual assault, sexual exploitation, slave trade, stalking, torture, trafficking, witness tampering, unlawful criminal restraint, and other related crimes based on similar activity where the elements of the crime are substantially similar. Qualifying crimes also include attempt, conspiracy, or solicitation to commit any of these crimes.
2. He/she has suffered substantial physical or mental abuse due to having been a victim of this criminal activity.
3. He/she has information about the criminal activity.
4. He/she is helpful, was helpful, or is likely to be helpful to law enforcement officials in the investigation or prosecution of the crime.
5. The crime occurred in the United States or violated U.S. laws.
6. The U visa applicant must be admissible to the U.S., or apply for a waiver of inadmissibility.

One important aspect of the U visa is that a law enforcement agency must certify that the applicant’s help is required to further a criminal investigation or prosecution. It is not enough that an individual suffered harm as a victim of a qualifying crime.

U visas are valid for 4 years, but may be renewed in limited circumstances. The limit on the number of U visas that may be granted to principal petitioners each year is 10,000. However, this U visa cap does not apply to family members deriving status from the principal U visa applicant, such as spouses, children, or other eligible family members. A U visa holder may be eligible to apply for a Green Card if he/she meets certain requirements.

If you have been the victim of a crime, please contact the attorneys at Gavlin & Associates, P.C. to discuss how we can help you apply for a U visa. Our experienced attorneys will work closely with you throughout the U visa process, and help ensure that your application is properly documented and certified by the proper law enforcement agency. Contact is today for a consultation.

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Please see the USCIS government website to see the supporting documents that must be supplied by both the religious worker seeking an R-1 visa and the qualifying religious organization.

USCIS may grant R-1 status for an initial period of admission for up to 30 months, and additional extensions may be granted for up to another 30 months each. However, the religious worker’s total period of stay in the United States in R-1 classification cannot exceed 5 years (60 months).

An R-1 religious worker’s spouse and unmarried children under the age of 21 may be eligible to receive an R-2 visa. Unfortunately, an R-2 dependent is not authorized to work in the U.S. based on the R-2 visa classification.

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M-1 visas bestow valid non-immigrant status to a foreign student pursuing studies in U.S . In order to obtain M-1 visa status, an individual outside of the U.S. must fist submit an M-1 visa application to the U.S. consulate office abroad. A foreign student is in valid M-1 status on the day that he/she is admitted into the United States on an approved M-1 visa. Those individuals already in the U.S. on a different non-immigrant status (B-1/B-2, H, etc.) may apply to change to M-1 status while in the U.S., or he/she can apply outside of the U.S. through Third Country Visa processing.

A spouse or unmarried, minor child of an M-1 holders may be eligible to come to the U.S. on an M-2 Visa.

Eligibility for M-1 status requires that the applicant: 1) has a foreign residence and has no intention of abandoning it; 2) is a bona fide student qualified to pursue a full-course of study; 3) seeks to enter the U.S. as a student temporarily and solely for the purpose of pursuing such a course of study at an recognized place of study in the U.S.; 4) only studies at the institution designated to him/her that has been approved by the U.S. Immigration and Customs Enforcement (ICE) and complies with the SEVIS program; and 5) cannot attend a public elementary school or publicly funded adult education program, nor will he/she attend a public secondary school – unless he/she attends the secondary school for a period less than 12 months and can show that he/she has reimbursed the school the full, unsubsidized cost of the education.

Similar to the F-1 status, a foreign student who obtains M-1 status is allowed to remain in the U.S. for the duration of time approved by the U.S. government, which is the time it takes to complete the studies, in addition to any authorized practical training. The M-1 student must maintain a full course of study at an approved institution, or must be engaged in authorized practical training following the completion of these studies.

Contact the attorneys at Gavlin & Associates, P.C. to schedule a consultation, in order to see whether you are eligible to apply for an M-1 visa. Our attorneys and staff are here to help guide you through the process of applying for M-1 status. Our extensive knowledge and experience will help ensure that your application gets approved, and allow you to study in the U.S.

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There are two types of employees who may be sponsored for L-1 visas:

1. Managers/Executives: The legal definitions of management and executive roles for purposes of an L-1 visa application are quite specific, and the applicant must provide a detailed description of the duties that are required of the position. For example, the executive/manager should have supervisory responsibility over either professional staff and/or should be responsible for a key function, department or subdivision of the employer’s operations. Managers or executives would seek an L-1A visa, which would be granted initially for a period of 3 years, and may be extended in 2 year increments up to a maximum of 7 years.
2. Employees with Specialized Knowledge: This visa category covers those individuals with knowledge of the company’s products/services, research, systems, proprietary techniques, management, or procedures. Employees in this category would seek an L-1B visa, which would be granted initially for a period of 3 years, and may be extended up to a maximum of 5 years.

Upon completion of the maximum allowable period of time in valid L-1 status, an individual must be employed outside of the U.S. for a minimum of 1 year before a new application may be made for another L or H visa.

To qualify for an approvable L-1 visa application, the Petitioning Employer must meet certain requirements:

1. The company must have a qualifying relationship with a foreign company. These “qualifying entities/organizations” include a parent company, branch office, subsidiary, or affiliate of the foreign company, and may be corporations, non-profits, religious or charitable organizations.
2. The company must also be, or will be in the future, doing business as an employer in the U.S. and in at least one other country – either directly or through a qualifying organization – for the duration of the beneficiary’s stay in the United States under valid L-1 status. “Doing business” requires the regular, systematic, and continuous provision of goods and/or services by a qualifying entity/organization and does not include the mere presence of an agent or office of the qualifying organization in the U.S. and/or abroad.

To qualify for an approvable L-1A visa application, the Beneficiary Employee must meet certain requirements:

1. The beneficiary employee must have worked outside of the U.S. for the foreign company for a continuous period of 1 year within the 3 years immediately preceding his/her admission to the United States.
2. The beneficiary employee must have been employed abroad in an executive or managerial position, also called a “qualifying position.”
3. The beneficiary employee must be coming to the U.S. in order to provide service in an executive/managerial capacity for a branch of the same employer or one of its qualifying organizations.
4. The beneficiary employee must be adequately qualified for the position based upon his/her education and experience.
5. The L-1 visa holder must have intent to leave the U.S. upon completing his/her authorized stay.

To qualify for an approvable L-1B visa application, the Beneficiary Employee must meet certain requirements:

• The beneficiary employee must have worked outside of the U.S. for the foreign company for a continuous period of one year within the three years immediately preceding his or her admission to the United States. Any time spent working in the United States will not count toward the one year of required employment.
• The beneficiary employee must be coming to the U.S. to provide services in a specialized knowledge capacity to a branch of the same employer or one of its qualifying organizations.
• The L-1 visa holder must have intent to leave the U.S. upon completing his/her authorized stay.

The L-1 visa program also provides companies with the opportunity to relocate employees to the U.S. to expand their business and open up new offices. Foreign companies seeking to send an L-1 visa employee to the U.S. in order to establish a new office must meet the following requirements:

1. The company must have secured a sufficient physical premise on which to house the new offices.
2. The beneficiary employee must have been employed as an executive or manager for 1 continuous year out of the 3 years preceding the filing of the L-1 petition; and
3. The new office in the U.S. must intend to support the qualifying executive, managerial, or specialized knowledge position within 1 year of receiving approval of the petition.

The experienced attorneys at Gavlin & Associates, P.C. will evaluate both you and your employer’s situation for the potential L-1 case to determine whether filing an L-1 petiton is right for you. As your attorneys, we will work closely with you and your employer throughout the entire L-1 filing process. Contact us to discuss how we can put our experience toward getting you results.

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