The Law Offices of Robert Nadalin

How Did You Become Interested in Practicing Immigration Law?

During law school, I had an immigration law internship at a firm that handled a wide diversity of immigration matters. Lawyers help persons in a lot of different ways, but one of the aspects of immigration law that I most enjoyed and continue to enjoy is the opportunity to meet persons from around the world and to help them with their immigration matters. The immigration process is deeply personal to clients and case beneficiaries, and is important to the security of their family, their own future, and that of their children. It is rewarding and deeply satisfying to be able to play a role in that process.

What Services Do You Offer To Potential Clients?

The most important service that we can provide a client is to review and outline their possible immigration options, the pros and cons of each option, including estimates regarding cost and timing. In this way, an informed decision can be made about the choice of which option to pursue, or not to pursue.

What Are The Different Types Of Immigration Cases That You Tend To Handle?

A majority of our work at this time is focused on assisting with immigration processes based on U.S. employment, investment, or U.S. family ties. A large component of that centers on what is called Employment Based Immigration. In many of the masters and PhD programs at universities in the U.S., 50% to 70% of the students are from somewhere other than here. Many of those persons end up going back to their home country, but the students who receive a job offer to stay here need help sorting out their immigration papers, which is what we do. We also regularly assist with family based immigration processes and are familiar with that area of law. From time to time, we may pursue a court related process in order to help to defend a client from deportation, or pursue affirmative litigation in federal court.

Among the employment based cases, the most common process is the PERM Labor Certification process through the U.S. Department of Labor. In order for an employer to sponsor a foreign worker for lawful permanent residence, the employer must show that it has tested the job market and that the employer could not find a US worker who was available, able, qualified, or willing to step into the proposed job. Another large part of our work includes non-immigrant visas, which are temporary work visas. It can take many years for an employee to obtain lawful permanent residence status (aka “a green card.”) Because most employers do not want to wait 3, 5, 10 years, or longer, to bring an employee onboard, the first step is often to obtain U.S. work authorization under one of the temporary visa categories so that the employee can lawfully work while waiting to complete a permanent residence process. Of course, some persons only stay in the U.S. temporarily, and move abroad again after the completion of their temporary assignment.

What Are Some Factors Considered By USCIS When Granting Someone Immigration Status?

In granting an immigration status, USCIS must confirm that the person is not “inadmissible” or “removable,” meaning that the government must check to confirm that the law does not provide a reason why the person must be ordered to leave the U.S. or prevented from come here now if currently abroad. There are a number of problems that can prevent a person from obtaining a lawful U.S. immigration status. Some of the most common ones include persons with a criminal record, persons viewed to be a potential security risk, or persons with previous immigration violations.

The additional criteria applied to each visa category is going to vary among the different types of visas. Immigration laws are lot like tax law. It is probably more complicated than it should be. We have a lot of complex rules, exceptions to the rules, and exceptions to the exceptions.

In general terms with regard to the employment based immigration categories, professional level work and investors usually have options. At a minimum, many of those persons have a Bachelor’s degree or higher. Outside some of the investor visa options, most of the employment based categories tend to focus on education credentials and special skills obtained through education, training, or work experience.

What Are The Differences Between Getting A Visa, Obtaining A Green Card Or Becoming A US Citizen?

A nonimmigrant visa is a temporary visa that allows a person to remain in the U.S. for a specific purpose, which may include tourism, a business visit, work, or study. An immigrant visa, also known as a “green card” or “lawful permanent residence” allows a person to reside in the U.S. permanently and to work here lawfully. After obtaining lawful permanent residence, a person may apply to become a citizen through the naturalization process provided the requirements for that process are met.

For more information on Interest In Immigration Law, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (619) 234-8875 today.

The Law Offices of Robert Nadalin

Contact Us Now for an Assessment of Your Needs - Call (619) 234-8875

Related Articles

Related Topics