Immigration Law
We can help you with immigration matters. Contact us: By phone at 1-703-415-0012 By email at general@neifeld.comWe offer an array of immigration and related services. These include:
FAMILY-BASED IMMIGRATION
• K-1 Fiancé/ Fiancée Visa (I-129F)
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Purpose: to bring your fiancée and that person's children to the United States for marriage to you.
Eligibility Requirements: If you petition for a fiancé(e) visa, you must show that:
• K-3 Spouse and K-4 Spouse's Children Visa (I-129F + I-130)
Learn MoreEligibility Requirements: If you petition for a fiancé(e) visa, you must show that:
- You (the petitioner) are a U.S. citizen;
- You intend to marry within 90 days of your fiancé(e) entering the United States;
- You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment; and
- You met each other, in person, at least once within 2 years of filing your petition.
There are two exceptions that require a waiver:
1. If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)'s foreign culture or social practice; or
2. If you prove that the requirement to meet would result in extreme hardship to you.
Purpose: to bring your spouse and your spouse's children to the United States to complete processing for permanent resident status (under the LIFE Act and Amendments of 2000).
Eligibility Requirements: To be eligible for a K-3 nonimmigrant visa, an individual must:
Eligibility Requirements: To be eligible for a K-3 nonimmigrant visa, an individual must:
- Be married to a U.S. citizen
- Have a pending Form I-130, Petition for Alien Relative, filed by the U.S. citizen spouse on his or her behalf
- Unmarried;
- Under 21; and
- The child of a qualified K-3 nonimmigrant visa applicant.
• Petition for Alien Relative (I-130) Learn More
Purpose: the I-130 form is used to establish the existence of a relationship to certain alien relatives who wish to immigrate to the United States.
Eligibility Requirements: If you are a U.S. citizen you must file a separate Form 1-130 for each eligible relative. You may file a Form I-130 for:
• Application to Register Permanent Residence or Adjust Status (I-485)
Learn MoreEligibility Requirements: If you are a U.S. citizen you must file a separate Form 1-130 for each eligible relative. You may file a Form I-130 for:
- Your spouse;
- Your unmarried child under age 21;
- Your unmarried son or daughter age 21 or older;
- Your married son or daughter of any age;
- Your brother(s) or sister(s) (you must be age 21 or older); or
- Your mother or father (you must be age 21 or older).
- Your spouse;
- Your unmarried child under age 21; or
- Your unmarried son or daughter age 21 or older.
Purpose: the I-485 form is used by a person who is in the United States to apply to adjust to permanent resident status or register for permanent residence.
Eligibility Requirements: You may apply to adjust your status based on:
• Abused Spouses, Parents or Children of U.S. Citizens or Permanent Residents, or Special Immigrants (I-360)
Learn MoreEligibility Requirements: You may apply to adjust your status based on:
- An immigrant petition;
- Being the spouse or child (derivative) at the time another adjustment applicant (principal) files to adjust status or at the time a person is granted permanent resident status in an immigrant category that allows derivative status for spouses and children;
- Admission as the fiancé(e) of a U.S. citizen and subsequent marriage to that citizen;
- Asylum status;
- Refugee status;
- Cuban citizenship or nationality;
- Applying to change the date on which your permanent residence began;
- Based on continuous residence since before January 1, 1972;
- Priority date not current but valid; or
- Other basis for eligibility may exist on a case-by-case basis.
Purpose: This petition is used to classify an alien as:
• Petition to Remove the Conditions of Residence (I-751)
Learn More- An Amerasian (Born after 12/31/1950 and before 10/23/1982);
- The widow(er) of a U.S. citizen;
- The abused spouse or child of a U.S. citizen or lawful permanent resident;
- The abused parent of a U.S. citizen; or
- A special immigrant.
- Religious Worker;
- Panama Canal Company Employee, Canal Zone Government Employee, U.S. Government in the Canal Zone Employee;
- Physician;
- International Organization or NATO-6 Employee or Family Member;
- Juvenile Declared Dependent on a juvenile court;
- U.S. Armed Forces Member;
- Afghan or Iraqi national who worked for or on behalf of the U.S. government as a translator;
- Iraqi national who worked for or on behalf of the U.S. government in Iraq; or
- An Afghan national who worked for or on behalf of the U.S. government or the International Security Assistance Force (ISAF) in Afghanistan.
Purpose: For a conditional resident who obtained status through marriage to apply to remove the conditions on his or her residence.
Eligibility Requirements: If you were granted conditional resident status through marriage to a U.S. citizen or lawful permanent resident, use Form I-751, Petition to Remove Conditions on Residence, to file for the removal of those conditions. If you are still married, then file Form I-751 jointly with your spouse through whom you obtained conditional status. However, you may file Form I-751 without your spouse if:
Eligibility Requirements: If you were granted conditional resident status through marriage to a U.S. citizen or lawful permanent resident, use Form I-751, Petition to Remove Conditions on Residence, to file for the removal of those conditions. If you are still married, then file Form I-751 jointly with your spouse through whom you obtained conditional status. However, you may file Form I-751 without your spouse if:
- You entered the marriage in good faith, but your spouse subsequently died;
- You entered the marriage in good faith, but the marriage was later terminated due to divorce or annulment;
- You entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your petitioning spouse;
- Your conditional resident parent entered the marriage in good faith, but you have been battered or subject to extreme cruelty by your parent's U.S. citizen or lawful permanent resident spouse or by your conditional resident parent; or
- The termination of your status and removal from the United States would result in extreme hardship.
EMPLOYMENT-BASED IMMIGRATION
• EB-1 Priority workers Includes (I-140, I-485, I-765, I-131) Learn More
Purpose: You may be eligible for an employment-based, first-preference visa if you have an extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager. Each occupational category has certain requirements that must be met.
Eligibility Requirements: Extraordinary Ability: You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required.
Outstanding professors and researchers: You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education.
Multinational manager or executive: You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.
• EB-5 Direct Investments (I-526, I-485)
Learn MoreEligibility Requirements: Extraordinary Ability: You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required.
Outstanding professors and researchers: You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education.
Multinational manager or executive: You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.
Purpose: to allow entrepreneurs and their families to apply for a green card.
Eligibility Requirements: Entrepreneurs (and their spouses and unmarried children under 21) are eligible to apply for a green card (permanent residence) if they:
• Petition by Entrepreneur to Remove Conditions of Residence (I-829)
Learn MoreEligibility Requirements: Entrepreneurs (and their spouses and unmarried children under 21) are eligible to apply for a green card (permanent residence) if they:
- Make the necessary investment in a commercial enterprise in the United States; and
- Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.
Purpose: For a conditional permanent resident who obtained such status through entrepreneurship to remove the conditions on his or her residence.
Eligibility Requirements: You may use this form to request the removal of conditions on your permanent resident status if you were granted conditional permanent resident status as an entrepreneur. You may include your conditional permanent resident spouse or former spouse and children in your petition, or they may file separately.
If you are the conditional permanent resident child of an entrepreneur and you have reached 21years of age, or if you are the conditional permanent resident spouse of an entrepreneur, you may still be included in the entrepreneur's petition or you may choose to file a separate petition.
If you are the former conditional permanent resident spouse of an entrepreneur, who was divorced from the entrepreneur during the period of conditional permanent residence, you may also be included in the entrepreneur's petition or you may choose to file a separate petition.
Eligibility Requirements: You may use this form to request the removal of conditions on your permanent resident status if you were granted conditional permanent resident status as an entrepreneur. You may include your conditional permanent resident spouse or former spouse and children in your petition, or they may file separately.
If you are the conditional permanent resident child of an entrepreneur and you have reached 21years of age, or if you are the conditional permanent resident spouse of an entrepreneur, you may still be included in the entrepreneur's petition or you may choose to file a separate petition.
If you are the former conditional permanent resident spouse of an entrepreneur, who was divorced from the entrepreneur during the period of conditional permanent residence, you may also be included in the entrepreneur's petition or you may choose to file a separate petition.
CITIZENSHIP AND NATURALIZATION
• Application for Naturalization (N-400) Learn More
Purpose: to become a naturalized U.S. citizen.
Eligibility Requirements: You may apply for naturalization when you meet all the following requirements to become a U.S. citizen:
• Application of Certificate of Citizenship (N-600/ N-600K)
Learn MoreEligibility Requirements: You may apply for naturalization when you meet all the following requirements to become a U.S. citizen:
- You are at least 18 years of age at the time of filing (except active duty members of the U.S. Armed Forces);
- You are a permanent resident of the United States for a required period of time;
- You have lived within the state or USCIS district where you claim residence for at least 3 months prior to filing;
- You have demonstrated physical presence within the United States for a required period of time;
- You have demonstrated continuous residence for a required period of time;
- You demonstrate good moral character;
- You demonstrate an attachment to the principles and ideals of the U.S. Constitution;
- You demonstrate a basic knowledge of U.S. history and government (also known as "civics") as well as an ability to read, write, speak and understand basic English; and
- You take an Oath of Allegiance to the United States. Some applicants may be eligible for a modified oath.
Purpose: The N-600 form allows one to apply for a Certificate of Citizenship. The N-600K form is for a child who regularly resides in a foreign country to claim U.S. citizenship based on the child's parents.
Eligibility Requirements: You should file the N-600 form if you:
The US Citizen Parent, US Citizen Grandparent or US Citizen Legal Guardian of a a child who regularly resides outside the United States may file the N-600K form for the child to acquire US citizenship. Additional requirements for the child apply. Please contact us for further information
Eligibility Requirements: You should file the N-600 form if you:
- are requesting a Certificate of Citizenship because you were born outside the United States to a U.S. Citizen parent; or
- are requesting a Certificate of Citizenship because you automatically became a citizen of the United States after birth, but before you turned 18 years old. (A parent or legal guardian can also file Form N-600 on behalf of a minor child.)
The US Citizen Parent, US Citizen Grandparent or US Citizen Legal Guardian of a a child who regularly resides outside the United States may file the N-600K form for the child to acquire US citizenship. Additional requirements for the child apply. Please contact us for further information
NON-IMMIGRANT VISAS
• H-1B Special Occupation Workers Learn More
Purpose: This visa category applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability.
Eligibility Requirements: 1. For Specialty Occupation:
To be eligible for this visa category you must be a fashion model of distinguished merit and ability.
• E-1/E-2 Treaty Traders/ Investors (I-129)
Learn MoreEligibility Requirements: 1. For Specialty Occupation:
- The job must meet one of the following criteria to qualify as a specialty occupation:
- Bachelor's or higher degree or its equivalent is normally the minimum entry requirement for the position;
- The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree;
- The employer normally requires a degree or its equivalent for the position; or
- The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor's or higher degree.
- Have completed a U.S. bachelor's or higher degree required by the specific specialty occupation from an accredited college or university;
- Hold a foreign degree that is the equivalent to a U.S. bachelor's or higher degree in the specialty occupation;
- Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment; or
- Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.
- The job must meet both of the following criteria to qualify as a DOD cooperative research and development project:
- The cooperative research and development project or a co-production project is provided for under a government-to-government agreement administered by the U.S. Department of Defense: and
- A bachelor's or higher degree, or its equivalent is required to perform duties.
- Have completed a U.S. bachelor's or higher degree required by the specific specialty occupation from an accredited college or university;
- Hold a foreign degree that is the equivalent to a U.S. bachelor's or higher degree in the specialty occupation;
- Hold an unrestricted State license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment; or
- Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.
To be eligible for this visa category you must be a fashion model of distinguished merit and ability.
Purpose: The I-129 form may be used to request an extension of stay in or change of status to E-1, E-2.
Eligibility Requirements: To qualify for E-1 classification, the treaty trader must:
• F or M Students (I-539)
Learn MoreEligibility Requirements: To qualify for E-1 classification, the treaty trader must:
- Be a national of a country with which the United States maintains a treaty of commerce and navigation;
- Carry on substantial trade; and
- Carry on principal trade between the United States and the treaty country which qualified the treaty trader for E-1 classification.
- Be a national of a country with which the United States maintains a treaty of commerce and navigation;
- Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States; and
- Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.
Purpose: The I-539 form may be used by persons with F-1 or M-1 visas to apply for reinstatement or to request extensions.
Eligibility Requirements: Your application must also include a copy of your Form I-20, Certificate of Eligibility for Nonimmigrant Student, issued by the school where you will study and you must submit documentation that demonstrates your ability to pay for your studies and support yourself, and any accompanying dependent family members, while you are in the United States.
• B-1/2 Visitors (I-539)
Learn MoreEligibility Requirements: Your application must also include a copy of your Form I-20, Certificate of Eligibility for Nonimmigrant Student, issued by the school where you will study and you must submit documentation that demonstrates your ability to pay for your studies and support yourself, and any accompanying dependent family members, while you are in the United States.
Purpose: The I-539 may be used by persons with B-1 (visitor for business) or B-2 (visitor for pleasure) visas to file for an extension or change of status.
Eligibility Requirements: If you are filing for an extension/change, you must file your application with the original Form I-94 for each person included in your application. In addition, you must submit a written statement explaining in detail:
• B/E/F/H/L Dependent Petitions (I-539)
Learn MoreEligibility Requirements: If you are filing for an extension/change, you must file your application with the original Form I-94 for each person included in your application. In addition, you must submit a written statement explaining in detail:
- The reasons for your request;
- The reasons why your extended stay would be temporary, including what arrangements you have made to depart from the United States; and
- Any effect the extended stay may have on your foreign employment or residency.
Purpose: to apply for an extension of stay or a change to another nonimmigrant status for your dependents.
General Requirements:
General Requirements:
- B visas: an application to reinstate or request extensions must be filed for each person included in the original application.
- E visas: if you are filing for an extension change of status as the dependent of a principal E nonimmigrant, you must submit additional documents with the I-539.
- F visas: an application to reinstate or request extensions must be filed for each person included in the original application.
- H visas: If you are filing for an extension/change of status as the dependent of an employee who is an H temporary worker, you must submit additional documents with the I-539.
- If you are filing for an extension/change of status as the dependent of an employee who is an L intracompany transferee, you must submit additional documents with the I-539.
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