INTRODUCTION
Rays Lawyer provides services for those seeking various types of U.S. visas and/or permanent residency.
We work with highly professional and experienced U.S. immigration lawyers and law firms, including a former U.S. consular officer.
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Types of U.S. Visas and Permanent Residency
Non-Immigration Visas
Visitor Visa (B-1/B-2 Visa)
Student Visa (F-1/M-1 Visa)
Work Visa (H Visas/E-3 Visa)
Investor/Trader Visa (E-1/E-2 Visa)
Intracompany Transferee Visa (L Visa)
Religious Worker Visa (R Visa)
Spouse, Fiancé(e) Visa (K Visa / V Visa)
Media Visa (I Visa)
Visa for Individuals with Extraordinary Ability or Achievement (O Visa)
Permanent Residency
Family Based Petition (Immediate Relative Category)
Employment-Based Petition
Special Immigrant
Investment Immigration
Green Card Lottery (Diversity Immigration)
Visa Denials
Previous U.S. Immigration Law Violation
Criminal Records
Contact Us
TYPES OF U.S. VISAS AND PERMANENT RESIDENCY
The following includes the basic information regarding various non-immigrant and immigrant U.S. visas. Please note: visa application varies and depends on an individual’s circumstances:
Non-Immigrant Visas:
Non-immigrant visas allow the visa holder to visit the U.S. for a limited period of time.
Visitor Visa (B-1/B-2 Visa)
Visitor Visa allows you to stay in U.S. for up to 6 months. The B-1 Visa is for business and the B-2 is for pleasure. The term pleasure refers to a trip to the U.S. and visiting relatives/friends in the U.S. Even though the Visa Waiver Program removes the necessity of this visa for the citizens of certain countries, including Australia, they may still need to obtain B-1/B-2 Visa if they intend to stay in U.S. for longer than 90 days for any reason. In assessing the eligibility for B-1/B-2 Visa, the Consulate General takes into consideration the ability of the applicant to leave the U.S. and return to his/her home country prior to the expiration of the permitted period of stay in U.S.
Student Visa (F-1/M-1 Visa)
F-1 Visa is applicable to students who intend to pursue a full course of study in the U.S. at a language school, elementary school, secondary school, or to pursue a regular Bachelor’s Degree at a tertiary institution.
M-1 Visa is granted to the students who intend to attend vocational schools, usually for 2 years, in the U.S. Nail art schools, culinary schools, motor mechanic schools and flight schools are typical examples of these vocational schools.
After completion of course work, students may be eligible for an additional period of stay in U.S. (usually 1 year for F-1 students, and a maximum of 6 months for M-1 students) to work in an occupation related to their field of study.
Work Visa (H Visa/E-3 Visa)
The citizens of most countries need to obtain an H-1B Visa to work in U.S. In order to obtain an H-1B, the applicant must have either a (i) regular Bachelor’s Degree, (ii) 12 years of work experience or (iii) a 2 year diploma and 6 years of work experience. There is a limit of 85,000 H-1B Visas that can be issued each year (even though there are separate quotas for the Chilean and Singaporean citizens).
However, there is a separate work visa called E-3 Visa for Australian citizens which is subject to a separate quota of 10,500 visas per year.
Investor/Trader Visa (E-1/E-2 Visa)
These visas are available to the applicants who invest a certain amount of funding into a U.S.-based business. Usually a small investment is sufficient and those who open or purchase small businesses, such as dry cleaner services, restaurants and convenience stores, often acquire these visas. More than 50% of the business ownership must belong to a non-American citizen who is also a citizen of an E-1/E-2 treaty country. Even though there is no set amount of investment required, the amount must be sufficient to direct and develop the business. Usually the amount of US$100,000 is the required minimum.
Intracompany Transferee Visa (L Visa)
L Visa is for inter-company transfer and is available to employees who are being relocated to a U.S. branch, subsidiary, parent company or head office. To be eligible for this visa, the applicant must have been an employee of his/her company for at least 1 year out of the 3 years period immediately preceding the date of application for the visa. L Visa can be adjusted to permanent residency.
Religious Visa (R Visa)
R Visa is available to applicants who receive a paid job offer from a religious institution in U.S. The applicant must have been a member of the same denomination as the offering religious institution for at least 2 years, and the job must be related to the religious doctrine of the institution. R Visa can be adjusted to permanent residency.
Spouse, Fiancé(e) Visa (K Visa / V Visa)
K Visas are available to the fiancé(e) or spouse of a U.S. citizen. K-1 Visa is applicable to the fiancé(e) of a U.S. citizen, and K-3 Visa is applicable to the spouse of a U.S. citizen. The K-1 Visa holder must marry his/her spouse within 90 days of admission to U.S. The consequence of the failure to marry within the 90 days period can be severe and result in the visa being denied.
V Visa is available to the spouse of a permanent resident of U.S.
K and V Visas can be adjusted to the permanent residency based on family-based petition.
Media Visa (I Visa)
I Visa is available to media workers, such as journalists, reporters and film crews. To be eligible for this visa, the applicant must be employed as a media worker of a company (as an employee or a freelancer contractor), and such company must have the home office outside of U.S. I Visa can be adjusted to permanent residency.
Visa for the Individuals with Extraordinary Ability or Achievements (O Visa)
O Visa is applicable to a person who has demonstrated distinguished ability in science, arts, business and athletics. Such distinguished ability can be proved by satisfying at least three (3) of the following:
-Receipt of nationally or internationally recognised prizes or awards
-Membership in associations in the field which require outstanding achievements
-Published material in professional or major trade publications, newspapers or other major media about the beneficiary and the beneficiary’s work
-Original scientific, scholarly or business-related contributions of major significance in the field
-Authorship of scholarly articles
-A high salary or other remuneration for services
-Participation on a panel, or as a judge of the work of others in the field of specialisation
-Employment in a critical or essential capacity for organisations and establishments that have a distinguished reputation
Permanent Residency
The following are the categories of permanent residency:
Family-Based Petition (Immediate Relative Category)
Permanent residency can be obtained through the applicant’s immediate family members. A U.S. citizen can sponsor his/her spouse, under-age children (under 21), adult sons and daughters (both married and unmarried), parents, brothers and sisters. However, a U.S. permanent resident can only sponsor his/her spouse, under-age children (under 21) and unmarried adult sons and daughters.
The petitioner of the permanent residency applicant must be able to provide a sufficient financial report demonstrating that he/she can support the applicant in the U.S. If he/she is unable to provide acceptable financial support, then he/she can add the income and assets of a co-sponsor or a joint-sponsor.
Employment-Based Petition
The 3 categories of permanent residency based on employment are as follows:
EB-1
This category is for persons of extraordinary ability in science, arts, education, business or athletics. Extraordinary ability is determined by extensive documentation and sustained national and/or international acclaim.
EB-2
This category is for persons who hold advanced degrees or demonstrate exceptional ability in the arts, sciences or business who will ultimately benefit the national economy or culture of the U.S. To be eligible for this category, it is usually required that the applicant have a Master’s Degree (or a Bachelor’s Degree and 5 years of related work experience), and is employed in the United States. The employment requirement can be waived if the applicant obtains a National Interest Waiver.
EB-3
This category is for skilled workers, professionals and other workers. Skilled workers are persons whose positions require a minimum of two years training or work experience. Professionals are persons whose positions require a Bachelor’s Degree or university equivalent. The other workers subcategory is for persons in positions that require less than two years of work experience.
Applicants who hold a Bachelor’s Degree but do not have the requisite work experience may apply for the U.S. permanent residency under this EB-3 category, instead of EB-2.
Special Immigrant
This category of permanent residency is available for certain types of religious workers, Panama Canal Treaty employees, Amerasian children, certain employees of U.S. foreign service posts abroad and certain retired employees of international organisations.
Investment Immigration
This category of permanent residency is available for those who invest a large sum of money into a United States business. To be eligible under this category, the applicant must invest $1 million in a new U.S. commercial enterprise that employs at least 10 full-time U.S. workers. A lesser investment of $500,000 may qualify the investor if the investment is in one of the targeted employment areas. These include rural areas with population of less than 20,000, or locations that have experienced unemployment rate at 150 % of the national average.
Green Card Lottery (Diversity Immigration)
Applicants born in certain designated countries (including Australia) may obtain U.S. permanent residency by winning a green card lottery. The process begins with the applicant’s submission for the lottery. To be eligible under this program, the applicant must have at least the equivalent of a high school education or two years of work experience.
VISA DENIALS
Having your visa application denied at the U.S. Consulate is very frustrating, especially if you have a family or business in the United States.
The main visa requirement by the U.S. Consulate for issuing a visa is a sufficient tie of the applicant with his/her home country, which will be compelling enough for the applicant to return to her/his home country after a trip to the United States.
The following are the usual evidence of such tie submitted in a visa application:
-Stable immigration status in Australia (citizenship or permanent residency in Australia)
-Existence of the applicant’s house in Australia (whether rented or owned)
-Family living in Australia
-Professional job in Australia
The U.S. Consulate is likely to deny a visa application if the applicant does not fulfill the requirements in the country where that Consulate is located. In assessing the applicant’s tie with a country outside of the United States, the Consulate usually does not look beyond the very country where it is located.
However, in the modern global society, a large number of people spend their lives in several different countries around the world. For example, there will be a lot of immigrants from another country who are living in Australia and have jobs in Australia, but do not have Australian permanent residency or family in Australia. On the other hand, in their home country, they have family and stable immigration status, but do not have jobs and residence there. This will be the case for many people in a multicultural country like Australia.
Our U.S. immigration lawyers, including a former U.S. Consulate officer, will explain the ways in which you can overcome these problems and reapply for denied visas.
PREVIOUS U.S. IMMIGRATION LAW VIOLATION
Previous record of a violation of the U.S. immigration law is another reason for a visa denial. The most common form of immigration law violations are the following:
–Overstaying in the United States
-Working without an authorisation in the United States
When a person with such records applies for a visa, the U.S. Consulate is very unlikely to issue one, unless there is overwhelming evidence that the applicant is likely to never commit these violations again. The Consulate usually requires the applicant to obtain a Waiver Against Inadmissibility from the USCIS (United States Citizenship and Immigration Services) before they will issue a visa to the applicant. To obtain a Waiver Against Inadmissibility, the applicant will need to prove his/her unlikelihood of committing the same violation again or becoming a threat to U.S. society.
CRIMINAL RECORDS
General
In most cases, but not all, applicants with a criminal record may be denied entry into the United States or have his/her visa application denied.
Under the U.S. immigration laws, so-called the crimes of moral turpitude make the applicant inadmissible to the United States, but the U.S. immigration laws or courts have not clearly defined the term crime of moral turpitude to date.
The prevailing view among the U.S. immigration courts is that a crime of moral turpitude refers generally to conduct that shocks the public conscience as being inherently base, vile or depraved, contrary to the rules of morality and the duties owed between man and man, either one’s fellow man or society in general.
The trend is that unintentional crimes usually do not deter the applicant’s entry to the United States.
In our experience, the following clients’ criminal records have not deterred their entry to the United States:
Negligent offenses
Driving while intoxicated (drunk driving): For this offense, the U.S. Consulate officer usually requests the applicant to obtain a medical certificate from the psychiatrist and submit it to the Consulate before the officer can issue him/her a visa.
Negligent homicide
However, the applicants with the following criminal records usually had their visas denied or were refused entry into the United States:
-Theft
-Fraud
-Violence
These were some of the violations of people who applied for a visa or permanent residency. The decision to deny an applicant with these records can vary according to the subjective judgment of each consulate officer.
Exceptions:
Under the U.S. immigration laws, the following crimes will not deter the applicant’s entry to the United States.
Juvenile Crimes: If the applicant committed the crime while she/he was under the age of 18 and more than 5 years prior to the date of application for entry, or for a visa to enter the United States, that crime usually will not deter the applicant’s entry to the United States. If she/he was imprisoned, then she/he must have been released more than 5 years prior to the application for visa or entry to the United States.
Petty Offense: A petty offense will not deter the applicant’s entry into the United States. A conviction is considered a petty offense where the maximum imprisonment is for one year and the applicant was not sentenced to a term of imprisonment in excess of six months.
CONTACT US
Please feel free to contact us with questions regarding U.S. visas, permanent residency or other U.S. immigration law-related issues. Our U.S. lawyer’s direct contact information is as follows:
John Lee
U.S. Immigration Lawyer
Attorney and Counselor at Law of the State of New York
Solicitor and Barrister of New South Wales of Australia / New Zealand
E obiter@yahoo.com
T +61 420 415 829
Please kindly note that we are not able to answer broad questions because each situation is unique. We strongly encourage you to read the following helpful questions below then contact us for further information.
| If your inquiry is regarding a U.S. visa (including denied visas): | If your inquiry is regarding U.S. permanent residency: |
| 1. What type of U.S. visa are you trying to apply for? | 1. Do you have an immediate family member (parents, children or brothers/sisters) in the U.S. who have a U.S. citizenship or permanent residency? If yes, who is it and which status does she/he have? |
| 2. If you are applying for a student visa, have you been accepted by any school in the U.S.? | 2. Do you have an employer in the U.S. who will sponsor your U.S. permanent residency? |
| 3. If you are applying for a work visa, is there an employer in the U.S. who is sponsoring your work visa? | 3. Do you have any criminal record? |
| 4. What is your nationality? | 4. Have you ever violated any U.S. immigration laws? (e.g. overstaying, working illegally, etc.) |
| 5. What is your immigration status in Australia? (e.g. citizen, permanent resident, work visa, student visa, etc.) | 5. Have you ever had any U.S. visa or permanent residency application denied? If yes, then when was it and which visa was it? |
| 6. What is your job in Australia? | |
| 7. Do you have family in Australia? | |
| 8. Do you own a house in Australia? | |
| 9. Do you have any criminal record? | |
| 10. Have you ever violated any U.S. immigration laws? (e.g. overstaying, working illegally, etc.) | |
| 11. Have you ever had any U.S. visa or permanent residency application denied? If yes, when was it and which visa was it? |