Whether you are seeking Lawful Permanent Residence, a Temporary Visa, or Naturalization, our office can help you navigate the complicated maze of immigration laws.
Focusing on Immigration & Nationality in the following areas:
Deferred Action for Childhood Arrivals ( DACA)
On November 20, 2014, President Barack Obama announced a series of changes to immigration policies affecting millions of people currently living in the United States.
As part of this announcement, the Deferred Action for Childhood Arrivals program known as “DACA,” was expanded to individuals living in the U.S. who:
Entered the US before the age of 16;
Have lived in the US continuously since at least January 1, 2010 (rather than the prior requirement of June 15, 2007);
Are any age (removing the requirement to have been born before June 15, 1981);
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 veteran of the Coast Guard or Armed Forces of the United States; and
Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Call Ruttle Law PC to discuss your immigration solution.
Every year, many families are reunited through the US immigration process. That process involves obtaining “Lawful Permanent Resident” (“LPR”) status.
LPR status (a.k.a. “Green Card”) is available to family members who are first admitted to the United States with an immigrant visa, or upon adjustment of status done from within the United States. This is available for family members in the following categories:
Immediate Relatives (“IR”): While the number of immigrant visas available each year is limited to 480,000 under the Immigration Act of 1990, there is no limit as to how many can be granted to the following:
A) Spouses of United States citizens (“USC”).
B) Children of a USC as long as the son or daughter is not married and under 21 years old.
C) Parents of a USC as long as the USC son or daughter is at least 21 years old.
Family Preference Categories: The number of visas available to family members in the following categories is limited each year.
First Preference (F1): Unmarried sons and daughters of USCs, and their minor children, if any.
Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (age 21 and over) of LPRs.
Family Third Preference (F3): Married sons and daughters of USCs, and their spouses and minor children.
Family Fourth Preference (F4): Brothers and sisters of USCs, and their spouses and minor children, as long as the USCs are at least 21 years old.
Ruttle Law can help you and your family through the Green Card process. Contact us today to schedule an appointment.
Employment Based Immigration
Every year, thousands of people receive immigrant visas based on employment. These fall into five (5) different categories:
1. First Preference (EB-1)
a.Persons with extraordinary ability;
b.Outstanding professors and researchers; and
c.Multinational managers or executives.
2. Second Preference (EB-2)
a.Professionals holding an advanced degree; and
b.Persons with exceptional ability.
3. Third Preference (EB-3)
4. Fourth Preference (EB-4)
a.Broadcasters; Physicians; Iraqi/Afghan Translators; and Religious Workers, etc.
5. Fifth Preferene (EB-5)
Sometimes called the “Million Dollar Green Card,” the EB-5 is for foreign investors who make a capital investment in new commercial enterprises in the United States which provide job creation.
Eligibility is different for each category and the process can be complicated for those unfamiliar with U.S. immigration law. For the latest Visa Bulletin, click here - (http://travel.state.gov/visa/bulletin/bulletin_1360.html).
Contact Ruttle Law today to schedule an appointment.
EMPLOYER SANCTIONS & I-9 COMPLIANCE
Under section 274A of the Immigration and Nationality Act, it is illegal for employers to hire, or recruit for a fee, any person who is not authorized to work in the US.
What is required of employers?
Employers are required to verify that an employee is authorized to work in the United States.
Generally, employers must review documents that establish an employee’s identity and that the employee is authorized to work in the United States. Employers must attest under penalty of perjury on Form I-9 that this information has been provided by the employee.
Regardless of whether the employee is a citizen or noncitizen, employers are required to complete Form I-9 for each individual they hire for employment. This is not the same as simply using E-Verify, or some other compliance programs that many employers use.
What happens if employers fail to verify employment authorization?
Immigration and Customs Enforcement (“ICE”) has developed a comprehensive worksite enforcement strategy that is designed to target both workers and employers for criminal charges. This has led to an increase in I-9 audits in the last several years.
In addition to criminal charges, employers can face thousands of dollars in fines and civil penalties for violations.
If you are an employer, do not put yourself, or your business, at risk. Contact Ruttle Law today to discuss your I-9 compliance and to see whether you are compliant with these laws and regulations.
TEMPORARY (“NONIMMIGRANT”) VISAS
What’s the difference between a “nonimmigrant” and an “immigrant”?
An “immigrant” is a green card holder, i.e. someone who obtains Lawful Permanent Resident (“LPR”) status.
“Nonimmigrants” may enter the U.S. for a temporary period of time on a specific visa. Their activities are restricted to those consistent with their visa.
Types of Nonimmigrant Visas
There are many different types of visas available for people coming to the US temporarily.
Some of the broad categories include, but are not limited to:
-Temporary Visitors (B-1 and B-2 visas)
-Students & Trainees
Academic Students (F visa)
Vocational Students (M visas)
Exchange Visitors (J visas)
Trainees (H-3 visa)
Specialty Occupation (H-1B)
Treaty Trader/Investor (E1 / E2 visas)
Intracompany Transferees (L visas)
Athletes & Entertainers (P visas)
Persons of extraordinary ability (O visas)
Finacée (K-1 visa)
Spouse of U.S. Citizen (K-3 visa)
Spouse/Child of Permanent Resident (V visa)
Ruttle Law can assist you if you are thinking of coming to the U.S. temporarily Contact us today to make an appointment.