2021 Immigration Laws

By Attorney Sandra Gomez

AMERICA
The Land of Opportunity

Family Petitions, Sponsors, and Public Charge Rule

Immigration laws allow U.S. Citizens and Legal Permanent Residents to petition legal status for their family members with foreign nationalities.

There are two categories of family-based immigrant etitions, immediate relative petitions and family preference petitions. The category of each petition is based on the relationship between the petitioning and benefiting family members. Such relationships may include spouses, parents, minor unmarried children, minor married children, adult children, brothers, and/or sisters.

To qualify for a family petition, the petitioning and benefiting family member must (1) prove to have a bona fide relationship between each other, (2) prove that the petitioning family member will be able to support the benefiting family member financially, and (3) that they will not be a “public charge” for the government.

On February 24, 2020, the U.S. Department of Homeland Security enforced the I-944 “Public Charge” rule, which is used to establish if someone is deemed inadmissible because they are likely to become a “public charge” for the government. Since then, multiple changes have been made to this rule due to the COVID-19 pandemic. It is important to contact an experienced immigration attorney, like Sandra Gomez, for more detailed and updated information, as this “Public Charge” rule could highly impact your case.

Student Visas and OPT Programs

International students seeking to enroll in a school in the U.S. may seek to acquire a F, M, or J visa. The most common type of student visa is the F-1 visa. Through this visa, international students are given an Optional Practical Training (OPT) after graduation. OPT allows students to remain in the U.S. legally and work in their field area after graduation for a period of 12 months.

These 12 months can be extended for students who graduate from STEM field programs, which include science, technology, engineering, and mathematics. These extensions can be for 17 additional months. After the expiration of their OPT an international student may acquire an employment visa through his/her employer. The employer must act as the student’s sponsor and will need to contact an immigration attorney directly for more information on employment visas. Some employment visas that may considered are E-1, E-2, E-3, H-1B, H-2A, H-2B, L-1, O-1, or TN visas.

Other Available Visas

L-1 visas are for employees of international companies that have offices abroad and in the United States. This visa allows for employees to intra-company transfer to the United States and to bring their immediate family members with them. There are two categories of L-1 visas. L-1A visas, which are for executives and managers, and L-1B visas, which are for workers with specialized knowledge. After their intra-company transfer to the U.S., employees may obtain a green card under the doctrine of dual intent. The doctrine of dual intent allows for foreigners with non-immigrant visas to remain in the U.S. legally while they seek to gain their lawful permanent resident status. Other visas, such as O visas or E visas, also allow the dual intent doctrine.

O visas are for people with “extraordinary” abilities in science, art, education, business, media, or sports. One of the requirements is that the person seeking an O visa must have been recognized nationally for internationally for those achievements. There are four types of O visas. O-1A, O-1B, O-2, and O-3’s. Each category is set for a specific “extraordinary” ability or for the applicant’s immediate family members.

E-1 and E-2 visas are for treaty traders and investors. E-1 visas specifically are for individuals seeking to carry out international trade in the United States. The dual intent doctrine does not apply to this type of visa, but applicants may bring their immediate family members to the U.S. under the same visa. E-2 visas are for individuals with substantial investments and are only available for citizens of certain countries. The investment must be substantial enough to operate a business. This visa may also be used by a non-investor employee who plays a special role in the business. The dual intent doctrine does not apply to this type of visa.

EB-5 visas allow for foreign investors to come into the U.S. legally if they invest to finance a business in the U.S. that will employ American workers. As stated above, this visa may allow a foreigner to acquire their lawful permanent resident status while in the U.S.

 

About Gomez Law

“As other wants to lose small, my law firm wants to big win. You always have a choice.” – Sandra Gomez

At Gomez Law PLLC, our primary focus is to provide individuals with professional consult in matters of Immigration Law and Naturalization.
The Gomez Law story starts back in 2011 when Sandra Gomez, a graduate from South Texas College of Law realized her passion for the law. The firm gained its traction through winning complex cases and so measuring its success through their clients. Gomez Law PLLC has committed itself to providing its clients with exceptional legal consult and representation with great results. Our world-class expertise is without peer, as our firm extends its services ranging from employment law investor visas and business law.  Among other practice areas are family law, trusts & wills, and mediation.

As a true diverse legal team, Gomez Law is known to its very core to provide dedication to each client and excellence in order to reflect what the firm stands for; a result-driven, powerful legal team where individuals not only are provided with a greater chance of a positive result but are offered a greater understanding of the process itself. Gomez Law has legal counsel in English, Spanish, Arabic & Vietnamese.

About Attorney Sandra Gomez

Attorney Sandra Gomez was born and raised in the state of Texas. Mrs. Gomez has developed a keen awareness of the needs and problems which are prevalent in the immigration community. She received her Bachelor’s Degree in History from the University of Houston after which, she pursued and received her Juris Doctor Degree, J.D from South Texas College of Law (now Houston College of Law). She has been recognized by and is a member of the Texas Bar Association, she is also a member of AILA, HISBA, and Houston Trial Lawyers Association. Moreover, Mrs. Gomez is admitted to practice in the United States District Court, Southern District of Texas. In her years of practice, Sandra Gomez has committed herself to providing her community and her clients exceptional legal consult and representation by personally attending and managing each case which she is presented.