Kirui Alberg PLLC, Immigration and International Law

Call Us: 240-535-1282

2111 Wilson Blvd., 8th Floor, Arlington, VA 22201

 
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Your Immigration and International Law Counselors, Advocates, and Advisors
 

IMMIGRATION PRACTICE

Kirui Law Firm is a full-service immigration law firm. We represent individuals, companies and religious organizations in all areas of United States immigration law.

The United States Government achieves its goals in immigration policies by granting or denying visas and other immigration benefits. The United States Citizenship and Immigration Services (USCIS), an agency under the Department of Homeland Security (DHS), provides all immigrant and non-immigrant benefits to visitors of the United States.

Kirui Law Firm can help you, your family and your company or religious organization to apply for an immigration benefit. For assistance in your case, call us at 703-828-5352 or use our contact form HERE on our website.

Click on the following links to learn more about U.S. immigration benefits.

TEMPORARY VISAS

Temporary visas allow recipients to stay in the U.S. on a temporary basis. Kirui Law Firm has extensive experience handling temporary visa applications and petitions for individuals, companies and religious organizations. For assistance in your case, call us at 703-828-5352 or use our contact form HERE on our website. Some of these visa types are:

Some of these visa types are:

  1. B-1/B-2 Visitor Visa
  2. E-1/E-2 Treaty Trader and Investor Visa
  3. F-1 and M-1 Student Visa
  4. H-1B Specialty Occupation (Professionals) Visa
  5. J-1 and Q-1 Exchange Visitor Visa
  6. K-1 Fiancé(e) Visa
  7. L-1 Intracompany Transfer Visa
  8. O-1 Extraordinary Ability Worker Visa
  9. P-1 Artists and Athletes Visa
  10. Q-1 Visa
  11. R-1 Religious Worker Visa
  12. TN Status Under the North American Free Trade Agreement
  13. Temporary Protected Status
  14. U Status

B-1/B-2 Visitor Visa: The B-1 and the B-2 visas allow non-immigrants admission to the United States on a temporary basis. The visas do not authorize the holders to accept employment in the United States. A person applying for a business visa must demonstrate that he/she has a permanent place of residence in the home country which he/she has no intention of abandoning. The B-1 visa gathers for those traveling to the U.S. on business. The visa allows such travelers to attend conferences, business meetings and so forth. The B-2 visa is for those on pleasure travel. Nationals of certain countries may be eligible to visit the U.S. for up to 90 days without obtaining a visa.

E-1/E-2 Treaty Trader and Investor Visa: Investors and traders may receive visas to carry on their businesses in the United States if their home country has a commercial treaty with the US. Employees of such traders and investors are also conferred visa eligibility under the applicable treaty.

F-1 and M-1 Student Visa: A student visa allows a foreign academic student to attend an accredited college or university in the U.S. The recipient of the visa enters the U.S. as a full-time student and must be enrolled in a program or course of study that leads to a degree, diploma or certificate. In some cases, these visas provide for a period for practical training in the student’s field of study.

H-1B Specialty Occupation (Professionals) Visa: Professional workers with at least a bachelor's degree or equivalent work experience may be eligible for a professional visa. Their employers must, however, first demonstrate that, at the minimum, the workers are to be paid the prevailing wage for the position. College educated professionals such as software engineers receive the H1B Visa used for Specialty Occupations. Recipients of the H1B visa can work for a total of six years in the U.S. The other H visas are the H2B for Non-Agricultural workers, the H1C for Registered Nurses and the H-3 for Trainees.

J-1 and Q-1 Exchange Visitor Visa: The Exchange Visitor’s visa is for visitors coming to the U.S. through an approved exchange program. It covers students, scholars, job trainees, professors and research scholars, experts/specialists, medical residents, government visitors, au pairs and camp counselors. Under some circumstances, a J-1 visa holder desirous of switching to a different non-immigrant visa or to permanent residency will be required to spend at least two years outside the U.S. There is, however, an application process for seeking a waiver to the overseas residency requirement that applies to such J-1 visa holders.

K-1 Fiancé(e) Visa: A Fiancée of a U.S. citizen is eligible for this non-immigrant visa. The visa is conditioned on the conclusion of marriage within 90 days of entry into the United States.

L-1 Intracompany Transfer Visa: The L Visa category is available for the intra-company transfers of executives and managers (referred to as L1A) or essential, specialized knowledge employees (referred to as L1B) of U.S. multinational companies. The L-1 visa is issued to the intra-company transferee and his/her dependents get the L-2 visa. The Blanket L-1 visa enables petitioning multinational corporations to effect intra-company transfers to the United States under one blanket petition. Employees covered by the blanket petition are required to be employed abroad for only six months in the three years preceding the application rather than for one year as is the case for individual petitions. Executives and managers holding L-1 visas may be eligible for permanent residency without the need for a labor certification.

O-1 Individuals with Extraordinary Ability or Achievement Visa: The O-1 visa is for individuals with extraordinary ability or achievement in the sciences, arts, education, business, or athletics, or extraordinary achievements in the motion picture and television field. The O-2 visa is available for persons accompanying an O-1 to assist in an artistic or athletic performance for a specific event or performance.

P-1 Individual or Team Athletes, or Members of an Entertainment Group Visa: The P-1 visa category is reserved for individuals or team athletes or entertainment groups that are internationally recognized. The P-2 category is for artists or entertainers who will perform under a reciprocal exchange program and the P-3 category is for artists or entertainers who perform under a program that is culturally unique.

Q-1 Participants in an International Cultural Exchange Program Visa: The Q-1 visa is for the purpose of providing practical training, employment, and the sharing of the history, culture, and traditions of the visitor’s home country.

R-1 Religious Worker Visa. Religious workers may be eligible for an R-1 visa. This visa is for persons seeking to enter the U.S. to work in a religious capacity on a temporary basis.

TN Status under the North American Free Trade Agreement Visa: Under the provisions of the North American Free Trade Agreement (NAFTA), the TN special visa category has been set up for nationals of Canada and Mexico.

Temporary Protected Status

Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of designated countries or parts thereof. This status is granted to foreign nationals who are already in the United States and are temporarily unable to safely return to their home country because of ongoing-armed conflict, the temporary effects of an environmental disaster, or other extraordinary and temporary conditions. TPS does not lead to permanent resident status. TPS beneficiaries may, however, remain in the United States and obtain work permits during the period for which a country or part(s) thereof has/have been designated under the TPS program.

U Nonimmigrant Status

Congress created the U classification in the Victims of Trafficking and Violence Protection Act in order to offer protection and temporary immigration benefits to aliens who are victims of certain crimes. U status eligibility is based on statutory requirements.

In order to be eligible for a U Status, the applicant must:

  • Have suffered substantial physical or mental abuse as a result of having been a victim of a qualifying criminal activity;
  • Have information concerning that criminal activity;
  • Have been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the crime; and,
  • The criminal activity violated U.S. laws.

Family-Based Immigration

Citizens of the United States may file a visa petition for a husband or wife, an unmarried child under 21 years old, an unmarried son or daughter over 21, a married son or daughter of any age, a brother or sister, if the petitioner is at least 21 years old, and a parent, if the petitioner is at least 21 years old. A lawful permanent resident may file a visa petition for a husband or wife and an unmarried son or daughter of any age.

Kirui Law Firm has extensive experience handling family-based immigrant visa petitions. For assistance in your case, call us at 703-828-5352 or use our contact form HERE on our website.

Under the visa preference system, foreign nationals who want to become U.S. immigrants are grouped into four preference categories. The immediate relatives of U.S. citizens do not have to wait for an immigrant visa number to become available once the petition filed for them is approved by USCIS. Immediate relatives include parents, spouses and unmarried children under the age of 21. On the other hand, the other relatives must wait for an immigrant visa number to become available according to the following four preference categories:

  • Unmarried adult sons and daughters of U.S. citizens.
  • Relatives of permanent residents are in divided into two sub-categories:
    • spouses and minor children
    • unmarried sons and daughters (over the age of 21)
  • Married sons and daughters of U.S. citizens.
  • Brothers and sisters of adult U.S. citizens.

Violence Against Women Act:

Congress passed the Violence Against Women Act (VAWA) in 1994. Under VAWA, the spouses or domestic partners (both men and women) and children who have been subjected to domestic violence by their United States citizen or lawful permanent resident spouses, partners or parents may self-petition to obtain lawful permanent residency. In order to seek safety and independence from the abuser, abused or battered immigrants are allowed under VAWA to file for immigration relief without the abuser’s assistance or knowledge.

Under VAWA, domestic violence includes psychological harm, threatened physical acts such as rape, assault, battery, staking, etc. VAWA cases are reviewed on a case by case basis by USCIS. Kirui Law Firm helps immigrants who are victims of domestic violence by advising them of the requirements of VAWA, reviewing the circumstances of their domestic relations, advising them if they are eligible for VAWA benefits, and preparing and filling their VAWA petitions, and attending their USCIS interviews.

For assistance in your VAWA case, call us at 703-828-5352 or use our contact formHERE on our website.

Deferred Action (DACA)

Deferred Action for Childhood Arrivals to the United States became available beginning August 15, 2012. If you entered the United States as a child, Kirui Law Firm can review you circumstances and advise you if you qualify for deferred action.

On June 15, 2012, the Secretary of Homeland Security announced that certain people who entered the United States as children and meet several key guidelines may request consideration of deferred action for a period of two years and would then be eligible for work authorization. These immigration benefits are subject to renewal and the requirements are that the requestors:

  • Came to the U.S. before reaching your 16th birthday;
  • Were under the age of 31 as of June 15, 2012;
  • Have continuously resided in the U.S. since June 15, 2007, up to the present time;
  • Were physically present in the U.S. on June 15, 2012, and at the time of making their request for consideration of deferred action with USCIS;
  • Entered without inspection before June 15, 2012, or their lawful immigration status expired as of June 15, 2012;
  • Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veterans of the Coast Guard or U.S. Armed Forces; and,
  • Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

For assistance in your case, call us at 703-828-5352 or use our contact formHERE on our website.

Employment-Based Immigration

Visas for granting U.S. permanent residence status to foreign nationals based on employment skills are divided into the following five categories:

EB-1 priority workers: EB-1 visas are granted to foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics; foreign nationals that are outstanding professors or researchers and foreign nationals who are managers and executives of multinational companies and are subject to international transfer to the United States. For the “extraordinary ability” applicants, labor certifications are not required. In addition, an employer is not required to sponsor a petition under this sub-category. The general requirement is that a petitioner must have risen to top of his/her field of endeavor. Under the “Outstanding Professor or Researcher” sub-category, an employer to sponsor a petition is required but labor certification is not required. The “outstanding” academician must establish a high level / degree of achievement in his/her field. The multinational “managers or executives” require employer sponsorship but do not require labor certification. They must have worked in that capacity for at least a one-year period in the three years preceding the transfer for an overseas company related to a U.S. company. Documentary evidence must exist to prove the relationship between the U.S. and the overseas operations.

EB-2 Professionals with advanced degrees or persons with exceptional ability: This category covers foreign nationals that are of exceptional ability in the sciences, arts or business and those that have advanced professional degrees as well as qualified alien physicians who will practice medicine in an area of the United States that is under served. Except for a petition covered by the National Interest Waiver (NIW) provision, a petition under this category requires an employer and labor certification.

EB-3 Skilled or professional workers:The EB-3 visa is for foreign national professionals with bachelor’s degrees not qualifying for a higher preference category. Foreign national skilled workers with a minimum of two years training and experience as well as foreign national unskilled workers also fall under this classification. Skilled workers and professionals require a job offer from a United States employer who must obtain a labor certification from the U.S. Department of Labor.

EB-4 Special Immigrants:: Special immigrants under this heading include foreign national religious workers; certain long-term employees and former employees of the U.S. government or of certain international organizations employed abroad, and physicians who have resided in the United States for many years among others. Ministers of religion are eligible for permanent residency under this specialty visa category.

EB-5 Immigrant Investors: The investor visa is for those who invest one million dollars or $500,000 in the U.S. The $1000, 000 must be invested in a new enterprise that employs ten U.S. workers. The ten employees do not include the immigrant investor, his / her spouse, sons and daughters. For those investing $500,000, the investment must be in certain rural areas or an area whose unemployment rate is at least 150% of the national average. There is an annual cap of 3000 visas under the rural or high unemployment areas category. Immigrant investors are granted conditional permanent resident status for two years. After the two years, an immigrant investor must apply to remove the condition by Adjustment of Status or Consular Processing.

Kirui Law Firm has extensive experience in assisting individuals, companies and religious organizations to file employment-based visa petitions. For assistance in your case, call us at 703-828-5352 or use our contact form HERE on our website.

Asylum Applications

Individuals in the United States, if found to be eligible for protection based on previous persecution or fear of persecution on account of their race, religion, nationality, membership in a particular social group, or political opinion are permitted to remain in the United States regardless of their countries of origin. Asylum is a protective legal status. Once an asylum application is granted, the grantee can apply for permanent residence after one year as an asylee.

Citizenship and Naturalization:

Naturalization is the process through which a foreign citizen or national is granted U.S. citizenship. A foreign citizen or national may qualify for U.S. citizenship if he or she:

  • Has been a permanent resident for at least 5 years and meet all other eligibility requirements.
  • Has been a permanent resident for 3 years or more and meet all eligibility requirements to file as a spouse of a U.S. citizen.
  • Has a qualifying service in the U.S. armed forces and meet all other eligibility requirements.

A child of a U.S citizen may qualify for naturalization if, the child was born outside the U.S., the child is currently residing outside the U.S., and all other eligibility requirements are met.

For assistance with in your application for naturalization application, call us at 703-828-5352 or use our contact form HERE on our website.

Deportation & Removal Defense:

If you have been placed in deportation or removal proceedings on the basis of illegal entry, violation of terms of admission, criminal convictions, affiliation with prohibited organizations, referral of your asylum application to an Immigration Judge and so forth, our law firm has the necessary experience and skills to fight on your behalf. We can help you identify and apply for any available form/s of relief from removal.

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