immigration lawyer for international students who want greencard

by Prof. Melany Rosenbaum 9 min read

Do I need an attorney to get a green card?

7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2022-03-14_10-28-20. If you are interested in obtaining a green card in order to live, work, and stay in the United States for more than just a temporary time period, then you probably know that the rules and procedures are complicated. U.S. immigration law is full of exceptions and ...

Can I file for a green card with a dual intent visa?

VisaNation Law Group EB-1 green card lawyers are knowledgeable in determining which category you best qualify based on your previous accomplishments and experience. VisaNation Law Group EB-1 green card lawyers will advise you on and thoroughly examine the supplementary documentation required for your application to give you the best chance at acquiring the EB-1 …

What is an F1 student visa to green card path?

Answer (1 of 8): It depends. IF YOU ARE GETTING A FAMILY-BASED GREENCARD You’re probably OK on your own, but you do need to do your reseearch and make sure you cross all your t’s and dot all your i’s. There are many “gotchas” in the system, you need to …

Should I hire a lawyer for my immigration case?

Dec 24, 2021 · Tsion Chudnovsky is an immigrant to the US and founder of Chudnovsky Law, a California law firm that represents international F1 visa students for criminal defense, personal injury and professional licensure matters. Tsion has deep experience in handling the specialized legal needs of noncitizens.

How can an international student get a green card?

There are seven ways you can get a green card as an F1 student:Receive Employer Sponsorship.Marry a US Citizen.Seek Asylum.Win the Green Card Lottery.Receive Sponsorship by a Relative Who Owns a Business.Participate in Military Service.Receive Parent or Child Sponsorship.Mar 24, 2022

Can international students get a lawyer?

If a foreign student earned a law degree, or any portion thereof, in another country, they will not be eligible for the state bar exam in most states. There are currently five states that do recognize international attorney eligibility. These five states are: Alabama, California, New York, New Hampshire, and Virginia.

How much does a US immigration lawyer cost?

This can be anywhere from $150 to $500+ per hour. However, some immigration lawyers charge a set fee for a specific service. For example, for filing a specific immigration form, an immigration lawyer may charge a flat rate between $350 to $1,500.Mar 4, 2021

Can F-1 students get green card?

One option for students who are in the U.S. on F-1 visas and wish to become Green Card holders is to apply for an EB-1 visa, also known as first-preference employment-based visas.Dec 14, 2021

Can international students do law in USA?

Do U.S. law schools accept international students? Yes, they do. In fact, many law schools pride themselves on attracting the best and brightest from around the world!

Can I study law in USA after 12th?

You cannot pursue a law degree from USA directly after Class 12th. In USA the degree is called JD or Juris Doctor (3 years) and for admission in this course you need to first complete a bachelor's degree in any subject.Feb 6, 2019

How much does a green card cost 2020?

How much does it cost to apply for a green card? The government filing fees for getting a family-based green card is $1,760 for an applicant living in the United States or $1,200 for an applicant living outside the United States.

How do I hire an immigration lawyer?

Tips On Hiring An Immigration AttorneyHow long have you been practicing law?In what state(s) are you licensed to practice law?What percentage of your clients are immigration cases?Are you a member of the American Immigration Lawyers Association?How often have you handled immigration matters like my case?More items...

How do I become an immigration lawyer?

How to become an immigration lawyerEarn a bachelor's degree. Before attending law school, future lawyers first obtain a bachelor's degree. ... Obtain a J.D. ... Gain hands-on experience. ... Develop your skills. ... Earn certifications. ... Gather clients.Mar 8, 2021

How can an international student become a US citizen?

Timeline for being eligible for U.S. CitizenshipMust be at least 18 years old.Must be a permanent resident of the U.S.Must maintain continuous U.S. residency for a certain period of time. It should be noted that extended absences outside the U.S. could "resent the clock" for determining eligibility for citizenship:

Can international student become permanent resident?

In order for a foreign national to live and work in the United States on a permanent basis, s/he must become a Lawful Permanent Resident (LPR). LPR status is conferred on those foreign nationals who have received approval to immigrate to the United States.

Can a student get a PR in Canada?

International students studying in Canada may apply for Canadian permanent resident status while studying in Canada or after completing their studies, provided they meet the requirements of the Canadian immigration program under which they apply.

What is the fastest green card?

The EB-1 green card is one of the fastest methods for obtaining the U.S. permanent residency among all the employment-based options. The EB-1 is the first-preference employment-based green card category. Annually, a total of 140,000 applicants receive green cards under the employment-based rank and each country is only capable of collecting 7% (9,800) of the 140,000 cap.

Who can file an EB-1 petition?

The U.S. employer is the only one who can file the petition for the applicant . Another advantage in obtaining an EB-1 Green Card is that the category is usually always current.

How to respond to an RFE for an EB-1?

There are three kinds of ways to respond to an RFE for your EB-1 green card: a full response where you give all of the evidence requested, a partial response where you only give some of the evidence requested (either by choice or because the evidence is not available), and a withdrawal of your petition.

Why is the EB-1 so popular?

The EB-1 is a highly popular option because it does not require a PERM Labor Certification.

What is an RFE in EB-1?

If an evaluating officer is reviewing your case and notices that some extra documentation would bolster your candidacy for an EB-1, he or she may issue a Request for Evidence (RFE). These can range for simple requests for missing documents such as birth certificates or passports to requests for more complicated things such as proof that you work in a managerial capacity for an EB-1C or proof of your achievements for an EB-1A.

What is EB1 priority?

Within the EB-1 category, there are three different subcategories of priority workers that will qualify. An evident of superior abilities in the field of science, art, education, business, or athletics. Must be able to provide relevant proof of recognition. Intended for highly-acknowledged scholars or scientists.

How many different employment based categories are there?

There are five different employment-based (EB) categories. The first is EB-1 which is classified for individuals that are “priority workers,” granting them first preference in acquiring a green card. The EB-1 Green Card is premised around extraordinary skills regarding the participant’s occupation. Within the EB-1 category, there are three ...

Where do you need to study for a F-3 visa?

Students are required to study at an accredited community/junior college, vocational school, or university that is located 75 miles from the U.S. land border port of entry.

How long does it take to get a visa after an interview?

After the interview, your visa may undergo further administrative processing, which is resolved within an estimated 60 days after the interview.

What is dual intent?

This is because of an attribute known as “dual intent”, which is the ability for the holder of a certain visa to pursue lawful permanent residence while under nonimmigrant status. While some visas have dual intent such as the H-1B and the L-1, others do not. The F-1 is one of these unfortunate few.

How many F-1 visas were issued in 2012?

In 2012, about 486,000 new F-1 visas were issued by the United States. This is double the amount issued the previous year.

What is required to be a full time student?

The student must be able to demonstrate proficiency in the English language or be enrolled in courses to reach that proficiency. The student must have efficient funds to be financially independent during the course of the study.

How long does a passport have to be valid for an F-1 visa?

Failing to have these documents can jeopardize the approval of your F-1 student visa. Valid Passport – Your passport must be valid for at least six months beyond your period of stay in the United States.

Where to take DS-260?

On the other hand, you can elect to go through consular processing, which would require you to complete a DS-260 application and take it to the U.S. Consulate or Embassy in your home country for an interview. This may seem inconvenient, but it could be the faster option depending on the caseload of your consulate.

How can an international student become a resident?

The next most common way an international student can become a resident is through an employer, or through a job you’re hired for. This is often referred to as “Employment-Based” immigration or “EB” for short. This section will cover the two most common categories of EB cases, EB2 and EB3.

What is the key to green card?

The petition is the key to the green card process. It tells USCIS how you qualify to file a Form I-485. For example, if a person with a F1 Visa marries a U.S. citizen then the citizen files a petition using a Form I-130. The Form I-130 tells USCIS that your spouse wants you to live in the U.S. with a green card.

How to get a green card from F1?

If you marry a U.S. citizen or lawful permanent resident, then your spouse can file a petition, Form I-130. The Form I-130 allows you to file the Form I-485 with USCIS. You have to file both forms to go from F1 to green card directly.

What is the difference between EB2 and EB3?

For EB2, the job you are offered must require a Master’s Degree or a Bachelor’s Degree plus 5 years experience. For EB3, the job has to require at least a Bachelor’s Degree.

How long does it take to get a green card if you are married?

Timeline if you’re married to a Lawful Permanent Resident: As stated, getting a green card through a Lawful Permanent Resident spouse is longer and can take up to three to four years.

What agency does F1 go to?

An F1 student already in the U.S. will ultimately send the green card application to an agency known as the United States Citizenship and Immigration Service, or “USCIS.”.

Why is it called a one step AOS?

This is called a “one-step AOS.”. It is called a “one-step” because both the form I-130 and form I-485 are filed together. But know that these aren’t the only two forms that are used in the process. For that reason, it’s probably a good idea to consult an experienced immigration attorney before you file anything.

What is a non-immigrant visa?

Non-immigrant visas are for temporary stays in the U.S. and typically have an expiration date . The process for obtaining a non-immigrant visa involves an application to the USCIS and typically an interview. Most non-immigrant visas fall under the following classifications:

What does it mean to overstay an F1 visa?

Overstaying F-1 visas means you are no longer in a valid immigration status. Under F1 visa rules, if you are in the US and you have overstayed an F-1 student visa, your best option is usually to return to your home country as soon as possible.

Who is Tsion Chudnovsky?

Tsion Chudnovsky is an immigrant to the US and founder of Chudnovsky Law, a California law firm that represents international F1 visa students for criminal defense, personal injury and professional licensure matters. Tsion has deep experience in handling the specialized legal needs of noncitizens. She has expertise in immigration, criminal, personal injury and professional licensure laws and their complex intersection for noncitizens. The firm has offices in Los Angeles, Orange County, Long Beach and Santa Monica.

Can F1 students apply for green card?

Can F1 students apply for green card directly? The green card lottery, or "Diversity Immigrant Visa Program" is a path from F1 to green card directly that makes up to 50,000 immigrant visas available annually, drawn by random selection among all entries to individuals who are from countries with low rates of immigration to the United States.

Where is Michael Osgoode?

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association.

Can foreign students get green cards?

A group of United States senators have unveiled a plan to grant United States green cards to foreign students who complete postgraduate degrees in either engineering, math or science at an American University.

What is the Biden immigration bill?

In the immigration bill, which is currently under congressional review, the Biden administration proposes to reshape visa programs available to international students. This reform would allow the US to continue attracting talent from abroad after 4 years in which the Trump administration did not welcome foreign workers or international students.

What is Biden's plan for immigration?

Biden plans to restructure the entire immigration system. The current administration of the US, headed by President Joe Biden, states that local immigration laws are outdated and do not meet current global needs, delaying the socio-economic development of American companies and affecting vulnerable populations.

What is dual intent?

The term “Dual Intent” refers to the possibility that some foreigners with non-immigrant status (such as the F-1 Visa for foreign students) have to apply for an immigrant status such as Permanent Legal Residence (Green Card), as long as they meet mandatory requirements.

What are the humanitarian programs?

Humanitarian programs such as political asylum and refuge. Immigration based on family ties. Programs available for foreign students. Visas for investors or entrepreneurs. In the opinion of President Biden, restructuring the immigration system must be a number one priority for the federal government.

Does Biden want to remove the green card cap?

However, Biden proposes to remove the annual Green Card cap for Doctoral degrees (PhDs) in STEM (Science, Technology, Engineering and Mathematics) fields, as long as they are graduates of certified US universities.

Did Biden revoke immigration policies?

The Biden administration has already revoked multiple policies implemented by former President Trump and his team, which significantly hindered immigration processes and restricted alternatives available to vulnerable communities. Now, the Biden administration plans to modify current immigration policies to improve the immigration system ...