From Visas to Citizenship: Exploring Different Types of Immigration Law Cases – US Based

From Visas to Citizenship: Exploring Different Types of Immigration Law Cases

Immigration law plays a crucial role in shaping the diverse fabric of nations worldwide. The type of immigration case will play a role in the type of immigration lawyer you will appoint. Their approach to immigration issues differs, each offering expertise in their respective fields.

Temporary Visas

Tourist Visas (B-1/B-2)
Eligibility Requirements
  • • Valid Passport (6+ months validity)
  • • Proof of Financial Support
  • • Evidence of Return Travel
  • • Home Country Ties
  • • No Immigration Intent
Duration & Limitations
  • • Maximum Stay: 6 Months
  • • Extensions Possible
  • • No Work Permitted
  • • Business Meetings Allowed
  • • Multiple Entry Options
Application Process
  • • Form DS-160
  • • Visa Fee Payment
  • • Interview Scheduling
  • • Documentation Review
  • • Biometrics Collection
Student Visas (F-1, M-1, J-1)
F-1 Academic Student
  • • Full-time Academic Program
  • • I-20 from SEVP School
  • • Financial Documentation
  • • OPT Eligible
M-1 Vocational Student
  • • Vocational/Technical Programs
  • • Fixed Study Duration
  • • No Online Courses
  • • Limited Work Options
J-1 Exchange Visitor
  • • Exchange Programs
  • • DS-2019 Required
  • • Home Residency Requirement
  • • Program Specific Rules
Work Visas
H-1B Specialty Occupation
  • • Bachelor’s Degree Required
  • • Employer Sponsorship
  • • Annual Cap Lottery
  • • 3-Year Duration (Extendable)
  • • Dual Intent Allowed
L-1 Intracompany Transfer
  • • Executive/Manager (L-1A)
  • • Specialized Knowledge (L-1B)
  • • 1-Year Prior Employment
  • • Company Relationship Required
O-1 Extraordinary Ability
  • • Exceptional Achievement
  • • Field Recognition
  • • Specific Project/Event
  • • Advisory Opinion Required
Special Categories
E-1/E-2 Treaty Traders/Investors
  • • Treaty Country Nationality
  • • Substantial Investment
  • • Business Development Plan
  • • Employee Management
TN NAFTA Professional
  • • Canadian/Mexican Citizens
  • • Qualifying Profession
  • • Required Credentials
  • • Employer Letter
R-1 Religious Worker
  • • Religious Organization
  • • Non-Profit Status
  • • Religious Vocation
  • • Prior Experience
Processing Timelines
Tourist Visa
2-4 Weeks
Student Visa
3-5 Weeks
Work Visa
2-6 Months
Special Categories
1-4 Months

Applying for a temporary visa is one of the most prevalent types of immigration law cases. Temporary visas serve as short-term permits for individuals to enter a country for specific purposes. The most common types include:

  1. Tourist visas: For leisure travel and short visits.
  2. Student visas: For those pursuing education abroad.
  3. Work visas: For temporary employment opportunities.

To obtain a temporary visa, applicants typically need to demonstrate the purpose of their visit, provide proof of financial stability, and show ties to their home country. It’s important to note that requirements can vary significantly depending on the destination country and the type of visa sought.

Permanent Residency (Green Cards)

U.S. Permanent Residency Pathways
Processing Times: 6 Months – 10+ Years (Category Dependent)
Family-Based Immigration
Immediate Relatives (IR)
  • • Spouses of U.S. Citizens (IR-1)
  • • Unmarried Children Under 21 (IR-2)
  • • Parents of Adult U.S. Citizens (IR-5)
  • • No Annual Quota Limits
Average Processing: 12-18 months
Family Preference Categories
  • • F1: Unmarried Adult Children of Citizens
  • • F2A: Spouses/Children of LPRs
  • • F2B: Unmarried Adult Children of LPRs
  • • F3: Married Children of Citizens
  • • F4: Siblings of Adult Citizens
Wait Times: 2-20+ years (country-dependent)
Required Documentation
  • • Form I-130
  • • Birth Certificates
  • • Marriage Certificates
  • • Financial Documents
  • • Form I-864 (Affidavit)
  • • Police Certificates
  • • Medical Examination
  • • Tax Returns
  • • Passport Photos
Employment-Based Immigration (EB)
Priority Workers (EB-1)
  • • Extraordinary Ability
  • • Outstanding Researchers
  • • Multinational Managers
No PERM Required
Advanced Degrees (EB-2)
  • • Advanced Degree Holders
  • • Exceptional Ability
  • • National Interest Waiver
PERM Required (except NIW)
Skilled Workers (EB-3)
  • • Professionals
  • • Skilled Workers
  • • Other Workers
PERM Required
Process Requirements
PERM Process
  • • Prevailing Wage
  • • Recruitment
  • • DOL Filing
I-140 Petition
  • • Employer Documents
  • • Ability to Pay
  • • Qualifications
I-485 Stage
  • • Medical Exam
  • • Background Check
  • • Biometrics
Diversity Visa Program
  • • Annual Lottery System
  • • 55,000 Visas Available
  • • High School Education Required
  • • Country Eligibility Varies
  • • No Sponsorship Required
Application Period: October-November
Special Categories
  • • EB-5 Investor Program ($800,000+)
  • • Asylum/Refugee Status
  • • Special Immigrant Juvenile
  • • Violence Against Women Act
  • • Registry (Pre-1972 Residence)
Various Processing Times & Requirements
Critical Considerations
Maintainability
  • • Legal Status Required
  • • No Criminal Issues
  • • Financial Stability
Public Charge
  • • Income Requirements
  • • Assets Evaluation
  • • Support Affidavit
  • • Means-Tested Benefits
Medical Requirements
  • • Form I-693
  • • Vaccinations
  • • Health Screening
  • • Civil Surgeon Exam
Visa Bulletin Impact
  • • Priority Dates
  • • Country Caps
  • • Category Limits
  • • Date Retrogression
Post-Filing Issues
  • • Address Changes
  • • Employment Auth
  • • Travel Documents
  • • Status Maintenance
Processing Timeline Estimates
Family Immediate
12-18 Months
Employment EB-1
8-14 Months
Employment EB-2/3
18-36+ Months
Special Categories
Varies by Type

Permanent residency, often referred to as a green card in the United States, allows individuals to live and work in a country indefinitely. There are several pathways to obtaining permanent residency:

  • Family sponsorship: Immediate relatives of citizens or permanent residents can apply for a green card. This includes spouses, children, and parents.
  • Employment-based: Individuals with specific skills or job offers can apply through employment-based categories. This often requires employer sponsorship and sometimes a labor certification.
  • Diversity lottery: Some countries, including the U.S., offer a lottery system that grants green cards to individuals from underrepresented countries.

In order to obtain a green card you need to fit the criteria, fill out and submit an application, have your biometrics taken and attend a green card interview. Criteria include proving eligibility, providing necessary documentation, and sometimes demonstrating financial stability.

Asylum and Refugee Cases

Asylum and refugee status are critical components of immigration law, providing protection to individuals fleeing persecution or danger in their home countries.

  • Asylum: Individuals already in a country or at the border of another country, different from the country they originated from, can apply for asylum if they fear significant human rights violations should they return home.
  • Refugee status: Individuals outside the country can apply for refugee status through international organizations like the UNHCR. They must prove they are unable to return to their home country due to fear of persecution.

The legal processes for seeking asylum or refugee protection involve submitting an application, providing evidence of persecution, and sometimes attending a hearing. These cases are often complex and require legal assistance.

Naturalization and Citizenship

Naturalization is the process by which permanent residents become citizens of their adopted country. In the United States, for example, the general requirements include:

  1. Being at least 18 years old
  2. Having been a permanent resident for at least five years (or three years if married to a U.S. citizen)
  3. Demonstrating good moral character
  4. Passing English language and civic knowledge tests
  5. Taking an oath of allegiance

Citizenship brings numerous benefits, including the right to vote, access to certain government jobs, and protection from deportation. Citizenship does come with responsibilities every American must attend to. This includes compulsory jury duty and the potential to be drafted for military service.

Armand Avazian (US Immigration Lawyer)

I am a dedicated attorney with a strong passion for criminal defense, immigration, and personal injury law. During my law school journey, I had the privilege of interning with a District Court Judge and the Los Angeles County District Attorney's Office. After graduating, I joined the Law Offices of Avazian & Avazian, where I honed my skills and expertise.
I hold an undergraduate degree from the University of California, Riverside (1997) and a Juris Doctorate from Pepperdine University School of Law (2000). I am humbled to have been recognized by Super Lawyers magazine and my peers as a Rising Star in the Southern California legal community.

Leave a Reply

Your email address will not be published.

What to Expect When You Consult with a Cerebral Palsy Lawyer
Previous Story

What to Expect When You Consult with a Cerebral Palsy Lawyer

Best Car Accident Lawyer on the Sunshine Coast for Your Claim
Next Story

Guide To Choosing Lawyer In Queensland/Sunshine Coast For Your Car Accident Claim

Latest from Immigration

What to Expect When You Consult with a Cerebral Palsy Lawyer
Previous Story

What to Expect When You Consult with a Cerebral Palsy Lawyer

Best Car Accident Lawyer on the Sunshine Coast for Your Claim
Next Story

Guide To Choosing Lawyer In Queensland/Sunshine Coast For Your Car Accident Claim

Don't Miss

Common Causes of Truck Accidents in Corpus Christi and How to Avoid Them

Common Causes of Truck Accidents in Corpus Christi and How to Avoid Them

Truck accidents can have devastating consequences, not only for the