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How to Respond to an NTA

Thu, 13 Nov 2025 21:46:29 GMT

Receiving a Notice to Appear (NTA) can be frightening. It means the U.S. government has officially begun r emoval (deportation) proceedings against you — but it doesn’t mean you’ve lost your chance to stay in the United States. What you do next can make all the difference.

Here’s a clear, step-by-step guide to help you respond quickly and wisely.

Step 1 — Don’t ignore it: Read the NTA carefully

The NTA will list:

Your name and A-number
The allegations (why the government believes you are removable)
The legal charges
The location, date, and time of your first immigration court hearing

Important: Even if the date and time section says “TBD” or “To Be Determined,” your case is active . You must still check regularly with the court for updates — do not wait to receive another letter.

You can check your hearing date online at the EOIR Automated Case Information System: https://acis.eoir.justice.gov/en/

Step 2 — Contact an immigration attorney immediately

Once you receive an NTA, the clock starts ticking. An experienced immigration attorney can:

Review the allegations to see if they are correct
Identify possible defenses or relief (like asylum, cancellation of removal, or adjustment of status)
File motions to dismiss or terminate proceedings if there are legal errors

Even if you think the NTA is a mistake, you should never try to resolve it alone. Having an attorney early can prevent serious mistakes later.

Step 3 — Confirm your hearing schedule

If your NTA lists a hearing date, mark it down and make sure you attend. Missing a hearing can lead to a removal order in your absence , which is extremely difficult to undo.

If no date is listed, check your case status regularly:

Call the EOIR hotline: 1-800-898-7180
Visit https://acis.eoir.justice.gov/en/
Make sure your address is up to date with both USCIS and EOIR so you receive all notices

Step 4 — Gather all your documents

Bring together every document that may be relevant to your case:

Your NTA and any prior immigration paperwork
Passport, visa, I-94, or any other ID
Work permits, school records, or tax documents
Proof of family relationships or community ties
Any criminal or court records (if applicable)

Your attorney will need these to prepare your defense and to file the right applications or motions.

Step 5 — Prepare for your first court hearing (the “Master Calendar”)

Your first appearance in court is called the Master Calendar Hearing . It’s usually short, but very important. Here’s what to expect:

The immigration judge will confirm your identity and explain your rights
The judge will read the allegations — and you (through your attorney) can admit or deny them
The court will decide what applications or relief you may be eligible to file
The judge will then schedule your next hearing date

You are allowed to have a lawyer represent you at this hearing. If you show up without one, you can ask the judge for time to find an attorney before continuing.

Step 6 — Keep track of all future deadlines and court dates

After your first hearing, your case could take months or even years. Keep a record of every court date, receipt number, and document you file. Missing even one deadline can hurt your case.

If you move, you must file Form EOIR-33 to update your address with the immigration court within 5 days . Otherwise, you may not receive hearing notices — and missing a hearing could result in an automatic deportation order.

Step 7 — Stay informed and proactive

The immigration process can feel overwhelming, but staying informed is key. Ask your attorney to explain each step in plain language. Don’t rely on rumors or social media for legal advice — every case is unique.

A Notice to Appear is not the end — it’s the beginning of a legal process. With the right legal strategy, many people are able to stay in the U.S. and even obtain lawful status. The most important thing is to act quickly and get professional help .

At Johnson & Masumi, P.C. , we’ve guided countless families through this process — from challenging NTAs to successfully defending against removal. You don’t have to face this alone.

Call us today at (703) 506-1400 to discuss your NTA and next legal steps.

How to Use the ICE Detainee Locator

Thu, 13 Nov 2025 21:37:48 GMT

Finding out whether a loved one is in ICE custody is terrifying — and confusing. The ICE Online Detainee Locator (also called the Online Detainee Locator System or ODLS) is often the best place to start. Below is a practical, step-by-step guide on how to use it — plus important tips if the search doesn’t turn up results.

Before You Start: Gather as much information as possible

Collect these details before you go to the website. The more accurate the information, the better your chance of finding the person:

Alien Registration Number (A-Number) if you have it (starts with “A” and is usually 8–9 digits)
Full legal name and any alternate spellings or last/first name order variations
Date of birth and country of birth
Approximate date and location where the person was taken into custody (if known)

Having the A-Number is the fastest and most reliable search method.

Step 1: Go to the official ICE locator page

Visit the ICE Online Detainee Locator System (ODLS) here: https://locator.ice.gov

This is the official public database that ICE maintains for locating people currently in ICE custody or who have been in CBP custody for more than 48 hours.

Step 2: Choose your search method

The ODLS gives two main search options:

A-Number + country of birth (preferred if you have it)
Biographical search: first name + last name + country of birth + date of birth (if A-Number is not available)

Enter the information exactly (or try likely variations) because the system will match what was entered by the government intake officer.

Step 3: Complete any security check and submit

You may need to pass a captcha/security check before results appear. After submitting, the system will display results if the person is in ICE custody and their record has been entered. Results typically show the detention facility and contact information (when available).

Step 4: If you find the person: note details and act

If the locator returns a match, write down:

Facility name and address
Phone number and any ID or booking number shown
Any notes on status or transfer history

Next steps: call the detention facility for visitation and phone account procedures, contact an immigration attorney, and, if needed, arrange prompt legal representation. Each facility has different rules for visitation and setting up calling accounts.

If you don’t find them: next actions

Not finding someone doesn’t always mean they aren’t in ICE custody. Try these steps:

Try alternate name spellings and name orders (e.g., last name first, hyphenations, omitted middle names).
Wait 24–48 hours if the arrest was very recent (records can take time to appear).
If the person is a minor or was transferred to certain juvenile facilities , they may not appear in the public ODLS.
Contact the appropriate ICE ERO field office for the area where the detention likely occurred — ICE can sometimes locate a person who doesn’t show up online. You can find ERO field office contact info on the ICE Contact page .

Practical tips and cautions

Keep backups of any screenshots, names, and numbers you find — take notes immediately.
Store sensitive personal data securely and share it only with trusted people or attorneys.
Don’t rely on social media or unofficial databases alone; start with the ODLS and ICE/CBP official contacts.

When to get legal help

If you locate your loved one or suspect they’re in ICE custody but can’t find them, contact an experienced immigration attorney right away. A lawyer can request records, contact the facility, and help you understand detention and bond options. Early legal contact is usually the most effective way to protect rights and options.

At Johnson & Masumi, P.C. , we know how frightening this moment can be. If you need help locating someone or need immediate legal guidance, please reach out.

Call us now at (703) 506-1400 — we can help you interpret locator results, contact the right facility, and start building a legal plan for your loved one.

ICE’s Biggest Tricks to Get People to Talk

Thu, 13 Nov 2025 21:21:46 GMT

Immigration encounters are stressful — and officers sometimes use psychological tactics to make people talk, sign papers, or reveal information they shouldn’t. Knowing the common tricks can help you and your loved ones stay safe, calm, and in control.

At Johnson & Masumi, P.C. , we’ve seen the patterns. Below are common tactics ICE agents use and simple, practical ways you can protect your rights.

Common Tactics ICE May Use

1. “We’re just asking questions.”

Officers will often say they’re conducting a routine inquiry to make people feel like it’s harmless. But routine-sounding questions can be used to collect information that affects immigration cases.

2. False promises of leniency or help.

Agents sometimes promise help, faster processing, or leniency if a person cooperates. These promises aren’t binding — and cooperating under a false promise can still harm your case.

3. Threats or scare tactics.

Conversely, officers may threaten detention, deportation, or arrest to intimidate someone into talking. Fear can push people to make quick decisions they later regret.

4. Misrepresenting authority or warrants.

Agents may claim they have authority to enter a home or get consent for a search without showing a proper judicial warrant. They might present agency documents that look official but don’t meet legal requirements.

5. Playing on family or employer ties.

Agents can suggest that cooperating will protect family members or keep someone’s job. Emotional pressure like this is designed to make people act impulsively.

6. Quick-papering: “Just sign here.”

Officers sometimes push people to sign forms quickly — forms that can be used later against them, such as documents consenting to removal or waiving rights.

7. Language and cultural pressure.

If someone doesn’t understand English well, agents may speed through questions or avoid offering a translator. Confusion increases the chance of mistakes.

How to Respond — Simple, Concrete Steps

Stay calm and don’t volunteer information.

You can answer basic questions like your name in some situations, but it’s safest not to provide extra details about immigration status, where you were born, or work history.

Use your right to remain silent.

Say clearly: “I choose to remain silent and I want to speak with a lawyer.” Repeat it if necessary. Silence is a legal right; using it is often the best protection.

Ask for a lawyer immediately.

If you are being questioned about immigration status or asked to sign anything, request an attorney right away. Do not sign documents without legal advice.

Do not consent to searches.

If officers ask to search your home, phone, or vehicle, say: “I do not consent to a search.” If they have a judicial warrant, they should show it. A form from ICE alone is not the same as a judge-signed warrant.

Record what you can from a safe distance.

If you witness enforcement in public, it’s generally lawful to record. Capture badge numbers, vehicle information, and actions but avoid getting in the way.

Protect non-English speakers.

If you or someone with you doesn’t speak English well, request an interpreter or say you need time to find someone who understands. Never sign something you don't understand.

Special Considerations

Minors: Keep children away from confrontations and tell officers you want a lawyer present before answering for your child.

Workers at job sites: Employers may be pressured by agents; workers should still avoid giving immigration-related details and should contact their attorney or union representative.

If you’re detained: Ask where you are being taken, get any booking or case numbers, and call an attorney or trusted contact as soon as possible.

After an Encounter — What to Do Next

Write down everything you remember as soon as you can: names, badge numbers, car descriptions, time, and place. If you recorded the incident, make backup copies and share them with an attorney. Contact Johnson & Masumi, P.C. for advice tailored to your situation — giving us the facts early helps us act quickly.

ICE officers may use pressure, misdirection, and emotional appeals to elicit answers. The best defense is knowledge: stay calm, assert your rights, and get legal help before signing or saying anything that could affect your future.

At Johnson & Masumi, P.C. , we guide people through these stressful moments with practical, compassionate legal support. If you or someone you know is facing immigration enforcement or has questions about an encounter, don’t wait.

Call us today at (703) 506-1400 for immediate guidance and to understand your options. We’re here to help.

That One Question...

Thu, 13 Nov 2025 21:13:07 GMT

It’s one of the most intimidating moments in any immigration interview. The officer leans forward and asks:

“Have you ever worked in the United States without authorization?”

It sounds simple — but your answer could have serious consequences for your case.

At Johnson & Masumi, P.C. , we’ve seen how this single question can determine the outcome of an adjustment of status or other immigration application. Here’s what you need to understand before you walk into that interview room.

Why They Ask This Question

U.S. immigration law prohibits unauthorized employment — meaning any work done without proper employment authorization, such as a valid visa, EAD card, or other legal status that allows work.

During interviews, officers ask this question to assess:

Whether you’ve violated immigration law
Whether you’re eligible for certain benefits, like a green card
Whether your prior actions could affect your “good moral character” or admissibility

Even something as small as babysitting for cash or helping at a family business can technically count as unauthorized work.

Why You Should Never Lie

It can be tempting to say “no” out of fear — but lying to a federal officer is far worse than admitting an honest mistake.

If USCIS discovers false information, it can lead to:

Permanent ineligibility for immigration benefits
Denial of your application
Possible referral to ICE for removal proceedings

The truth can be hard, but your attorney can help you frame your answer accurately and honestly. USCIS values honesty and may be able to consider exceptions depending on your situation — but there are no exceptions for lying.

When Unauthorized Work Might Be Forgiven

Not all unauthorized employment automatically leads to denial. For example, immediate relatives of U.S. citizens (spouses, parents, and unmarried children under 21) are often forgiven for unauthorized work when applying for a green card inside the U.S.

However, that forgiveness does not apply to most other categories, such as employment-based visas or family preference categories. That’s why knowing your category and its specific rules before the interview is crucial.

How to Prepare Before Your Interview

Talk to your attorney honestly. Tell your lawyer about any work you did — even informal jobs or “helping out” a friend.
Review your history carefully. USCIS can see past tax records, W-2s, or even online information that may reveal unauthorized work.
Practice how to answer truthfully and clearly. Keep it short and to the point — don’t volunteer extra details unless asked.
Bring your attorney if possible. Having representation can help keep the interview fair and professional.

What to Say if You Did Work Without Authorization

If you did work without permission, it’s best to acknowledge it truthfully. You can say something like:

“Yes, I did, and I understand it was a mistake. I’ve since followed all immigration laws, and I’m working with my attorney to correct my status.”

This shows accountability and sincerity, which can make a difference in how an officer perceives your case.

Protecting Your Future

The goal of immigration officers isn’t to trap applicants — it’s to verify eligibility. But a careless or fearful answer can still do real harm.

Being honest and well-prepared shows credibility, and credibility builds trust. That’s one of the most powerful advantages you can bring into any immigration interview.

If you’re preparing for a USCIS or consular interview, remember — even one question can have serious consequences if you’re unprepared or afraid to tell the truth.

Before your interview, speak with an experienced immigration attorney who can review your history, guide you on what to say, and help you avoid preventable mistakes.

At Johnson & Masumi, P.C. , we help immigrants approach their interviews with confidence and clarity. We’ve seen how preparation and honesty can turn anxiety into success.

Call us today at (703) 506-1400 for personalized guidance before your immigration interview — and take control of your future with the right legal strategy.

What to Do When You Witness an ICE Detention

Thu, 13 Nov 2025 21:05:49 GMT

Immigration enforcement can happen anywhere — on the street, outside a workplace, even at someone’s home. Witnessing an ICE detention can be confusing and emotional, especially if you want to help but aren’t sure what’s safe or legal to do.

At Johnson & Masumi, P.C. , we believe knowledge is one of the most powerful tools our community can have. Here’s what to do — and what not to do — if you ever find yourself in that situation.

1. Stay Calm and Assess the Scene

Your first instinct might be to rush in or start recording immediately. But before taking any action, take a breath.

Observe what’s happening:

Who is being detained?
How many officers are there?
Is anyone being asked questions or searched?

Remaining calm helps you think clearly — and ensures your presence doesn’t escalate the situation.

2. Know Your Rights (and Theirs)

Everyone in the U.S. — regardless of immigration status — has certain constitutional rights. You can observe and record in public spaces, as long as you don’t interfere with officers. You have the right to:

Record ICE agents in public areas
Ask for officers’ names and badge numbers
Stay silent if questioned yourself

If ICE is entering a home, remember: they need a signed warrant from a judge — not just an ICE form. Unless they show that judicial warrant, no one is required to open the door.

3. Record Responsibly

Recording can be one of the most powerful ways to protect someone’s rights — but do it safely.

Keep a reasonable distance so officers can’t accuse you of interference.
Film badges, license plates, and actions , not faces of bystanders or children.
If possible, upload or back up videos immediately so they can’t be lost or deleted.

Never physically block officers or touch them; that could lead to arrest, even if your intentions are good.

4. Support Without Interfering

Your presence alone can make a difference. Stay nearby so the person being detained knows they’re not alone.

You can:

Take notes about what happened (time, location, names, and vehicle details)
Tell family members or friends of the detained person where they’re being taken (if you know) Contact local immigrant support hotlines or legal organizations for immediate help

Avoid arguing or yelling at officers — it can make things worse for the detained person. Your calmness is protection.

5. After the Detention

If you know the person detained, try to gather basic information that can help their attorney or loved ones locate them:

Full name and date of birth
Country of origin
The location where ICE took them

You can check ICE’s online detainee locator or reach out to a trusted immigration attorney as soon as possible. Time matters — the earlier legal help is contacted, the better the chances of protecting their rights.

6. Protect Yourself Too

If ICE agents question you, you don’t have to answer about your immigration status or anyone else’s. You can say:

“I choose to remain silent. I don’t consent to searches.”

Then walk away calmly if you’re not being detained. Never lie or show false documents — silence is always safer than misinformation.

Witnessing an ICE detention can be deeply unsettling. But staying informed and calm allows you to play a crucial role in ensuring rights are respected and that no one disappears without accountability.

If you or someone you know has been detained by ICE, don’t wait to get legal help . At Johnson & Masumi, P.C. , we stand with immigrant communities every day — offering guidance, protection, and hope when it’s needed most.

Contact us today at (703) 506-1400 to understand your options and take the next step toward safety and stability.

Fairfax, VA Immigration Attorney

Thu, 28 Oct 2021 06:53:50 GMT

Fairfax, VA Immigration Attorney

Are you looking for a Fairfax, VA immigration attorney? Someone who knows what they are doing and who can thoroughly analyze your case to provide you with the most up to date information? Consider the immigration law attorneys at Johnson & Masumi. We have over 30 years of experience assisting clients with a variety of immigration law procedures. Learn more about how we can assist you with visa, waivers and other immigration law procedures.

Johnson & Masum is a immigration law firm with a primary focus on assisting clients with visas, waivers and immigration law related documentation. Founded over 30 years ago by Randall Johnson, Johnson & Masumi has decades of experience serving clients in Fairfax, VA among other Northern Virginia locations.

Supporting domestic and multinational clients, our firm’s attorneys are committed to uncompromising client service and legal excellence. Moreover, Johnson & Masumi’s integrated focus creates a collaborative environment for its attorneys to regularly share and access each other’s knowledge and resources. This provides clients with solutions that are comprehensive, practical, and tailored to their legal needs head-on.

Fairfax, VA Immigration Visas

Johnson & Masumi’s simple approach to filing and managing visas in the United States and overseas, enabled by our expert law attorneys and our quality assurance process, results in the easiest immigration experience imaginable. We offer help with a variety of visa categories including:

Employment-Based Visas (A Visas, EB 1-5, H-1B)
Fiancé/Family Visas (K-1, K-2, K-3)
Student Visas (F-1, J-1, M-1)
Visitor Visas (B-1, B-2)

Fairfax, VA Employment Visas

Want to work in the United States? The U.S. immigration system currently offers five employment-based visas for eligible immigrants with the right combination of skills, education and/or work experience. These visa allow foreign nationals to hold specific jobs for limited or permanent periods in the United States. Learn more about the different types of visas our Johnson & Masumi attorneys have experience securing for our Fairfax, VA clients below:

EB-1 Visa

The EB-1 visa is a “first-preference” category visa for United States employment-based permanent residency. Intended for foreign nationals who either have extraordinary abilities or are outstanding professors, researchers or executives, the EB-1 visa allows distinguished individuals to remain permanently in the US. All applicants are required to demonstrate their extraordinary ability through extensive documentation including certificates, scholarly articles, internationally recognized prizes or awards and other proof of their original contributions to their respected field.

EB-2 Visa

You may be eligible for an employment-based, second preference EB-2 visa if you are a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability. This visa allows individuals with a high degree of skill in a particular subject to enter the United States permanently under the precondition that they obtain a job in the United States. Applicants must hold an advanced post-graduate degree or a bachelor’s degree with at least 5 years of employment experience, among other requirements.

EB-3 Visa

The EB-3 visa is an immigrant visa designed to allow foreign national workers to live and work permanently in the United States in situations where there are not sufficient U.S. workers who are able, willing, qualified, or available at the time of the application and where the alien is applying to work. This thus grants foreign nationals with expertise in a specific and employable skill to take up permanent work in the United States. That said, applicants require a sponsoring employer, meaning they require a permanent job offer from a U.S. employer, among other requirements.

EB-4 Visa

Created by Congress for “special cases,” and with only 10,000 available annually, the EB-4 visa is a somewhat confusing visa category. Simply put, EB-4 visas are given to “special immigrants” who are either members of clergy for non-profit religious organizations, Afghan nationals who worked with the US in Afghanistan, retired officers from international organizations, juvenile foreign nationals who are dependent on the U.S., NATO civilian employees, and select broadcasters, translators and physicians. Each of these categories comes with a separate set of requirements as to how the applicant must prove eligibility and ultimately apply.

EB-5 Visa

The United States “fifth preference” EB-5 visa category, otherwise called the “Immigrant Investor Visa Program,” was created by Congress in 1990 to provide a reliable method for eligible Immigrant Investors to become lawful permanent residents. Eligible investors have two main options from which to choose: investing at least $1,000,000 to finance a business in the United States that will employ at least 10 American workers; or invest in a targeted employment area (TEA) with a minimum of $500,000. The EB-5 program is intended to encourage foreign investments and economic growth, while offering interested and wealthy foreign nationals and their families the opportunity to permanently reside in the United States.

H-1B Visa

The H-1B visa is a visa in the United States under the Immigration and Nationality Act that allows U.S. employers to temporarily employ foreign workers in specialty occupations. Applicants must have specialized knowledge and a bachelor’s degree or the equivalent of work experience to be eligible. Moreover, their employer must submit a completed Labor Condition Application to prove that giving the non-U.S. citizen a job does not harm American workers and that they will receive the typical wage for the job they do.

Keep in mind: because there are so many employers who want to hire non-U.S. citizens, the government has placed a limit on how many H-1B Visas are approved each year. An experienced Fairfax, VA immigration attorney can help you be one of the few who make the cut.

Fairfax, VA Fiancé Visas

For Fairfax, VA based U.S. citizens who wish to marry a foreign national, Johnson & Masumi offers services in all three fiancé/family-related visa categories (K-1, K-2 & K-3). Be aware: these K-visas each have distinct legal filing requirements, and it is therefore recommended to work with a Fairfax, VA immigration attorney who can guide you and your fiancé throughout this process.

K-1 Visa

A K-1 visa is a visa issued to the fiancé or fiancée of a United States citizen to enter the United States. A K-1 visa requires a foreigner to marry his or her U.S. citizen petitioner within 90 days of entry, or depart the United States. Once the couple marries, the foreign citizen can adjust status to become a lawful permanent resident of the United States (Green Card holder). Applicants must prove that they have known each other over a two-year period (at minimum) and that they are legally able to marry. Other requirements include that one partner is a U.S. citizen and that the couple intends to marry within a 90 period of the foreign national’s estimated arrival.

K-2 Visa

A K-2 visa grants the child(ren) of a K-1 fiancé visa holder permission to enter into the United States until an immigrant visa is available for them. Eligibility requirements mandate that the applicant(s) must be under the age of 21 and be an unmarried child of the K-1 applicant. Children of a fiancé(e) have the opportunity to be granted a K-2 visa from his/her parent’s fiancé(e) petition.

K-3 Visa

The K-3 visa allows the spouse of a U.S. citizen to enter the United States with a temporary legal status while waiting to obtain a green card. This is designed for immigrants who are already legally married to a U.S. citizen but who have not yet applied for permanent residence.

Fairfax, VA Student Visas

The USCIS offers student visas for foreign national students who intend to continue their education and potentially work in Fairfax, VA. Each of the following student visas carries its own special requirements and restrictions that must be adhered to in order to be admitted into the U.S. Read more about each type of student visa below:

F-1 Visa

An F-1 visa is issued to international students who are attending an academic program or English Language Program at a US college or university. F-1 students must maintain the minimum course load for full-time student status. They can remain in the US up to 60 days beyond the length of time it takes to complete their academic program, unless they have applied and been approved to stay and work for a period of time under the OPT Program.

J-1 Visa

The J-1 visa is called the “exchange visitor visa”. Rather than have a sponsoring employer, J-1 visa holders have sponsoring programs that are approved by the Department of State. This visa is intended for people from all over the world to gain skills in the U.S. to take back to their respective home countries.

For this reason, each person that enters the U.S. under J-1 status is required to return home for at least two years before coming back to the U.S., a feature called the “home residency requirement”. To qualify, student nationals must be sponsored through an accredited Exchange Visitor Program that has been approved through the DOS (Department of State).

M-1 Visa

Are you a foreign national considering vocational school or technical school in the United States? The M-1 visa allows students who wish to pursue vocational programs in the U.S. with the ability to stay in the United States while they complete their education. In order to obtain an M-1 visa for traveling to the United States, a student must present a signed Form I-20 at a United States embassy or consulate in the student’s home country, as well as provide evidence that they have sufficient funds to support themselves while in the United States.

Fairfax, VA Visitor Visas

A visitor (B-1 or B-2) visa is a temporary, non-immigrant visa that allows you to visit the United States to conduct business, visit family and friends, vacation, or seek medical treatment. Read about both types of tourist visas below:

B-1 Visa

In general, the B-1 visa is sought by those needing to conduct business in the U.S., attend a professional business conference or iron out a business contract/negotiation. That said, because eligible visitors often want to extend their trip for vacation or to visit tourist attractions, B-1 visas are often issued alongside B-2 visas for legitimate business travelers.

B-2 Visa

The B-2 visa is for travelers seeking tourism, medical care or for those visiting relatives in the United States. It is also used for visiting artists, musicians, or athletes, as well as individuals attending conventions, conferences, or similar social events. B-2 Tourist Visas do not allow the holder permission to work in the United States and require the tourist to return home after their approved stay period. Furthermore, because the can not take a job in the U.S., the must provide evidence that they have the adequate funds to cover all potential expenses before they travel to the United States.

Fairfax, VA Waivers

Immigration violations (such as staying in the U.S. unlawfully) can cause some immigrants to obtain the status of “inadmissibility,” whereby they are not allowed to enter the United States. An Immigration waiver, in contrast, is a “pardon” for a specific immigration violation, allowing them to avoid the bars that come from having their “in-admissible” status and remain in the U.S. There are two primary types of waivers of inadmissibility: the I-601 and the I-601a Waiver. Learn more about them below:

I-601 Hardship Waiver

If you are inadmissible to the United States and are seeking an immigrant visa, adjustment of status, certain nonimmigrant statuses or certain other immigration benefits, the I-601 hardship waiver allows you to request forgiveness and pardon your current grounds of inadmissibility.

The I-601 waiver is for situations where a family member who is a U.S. citizen or permanent resident would experience extreme hardship if you are not allowed to live in the U.S. legally. There is no clear definition of extreme hardship, so the decision is made on a case-by-case basis, based on the quality of evidence support it. A Fairfax, VA immigration attorney can help increase your chances of being approved by making your case as comprehensive as possible.

I-601A Provisional Waiver

Certain immigrant visa applicants who are relatives of U.S. citizens or Lawful Permanent Residents (LPRs) may use the I-601A provisional waiver to request a provisional waiver (forgiveness) of the unlawful presence grounds of inadmissibility under Immigration and Nationality Act before departing the United States. This allows eligible persons to wait for the results of their application before leaving the country, otherwise granting them permission to stay with family members who reside in the United States. This is an increasing difficult and complex process; it is thus highly recommended that you consult with a Fairfax, VA immigration attorney regarding these waivers.

Contact a Fairfax, VA Immigration Attorney

Applying for any one of these visas or waivers is a long and complicated process, requiring a thorough understanding of complex form requirements, filing guidelines, and immigration law. Neglecting these rules could result in failing to properly file the necessary paperwork, resulting in delays, or worse, the termination of your application. Fortunately, the immigration attorneys at Johnson & Masumi have spent over three decades securing a variety of visas and waivers for hundreds of Fairfax, VA clients. Call our offices at (703) 506-1400 or schedule a consultation today to learn more about our services and ask about our free comprehensive client evaluations.

Categories: Immigration

Centreville, VA Immigration Attorney

Thu, 28 Oct 2021 06:53:50 GMT

Centreville, VA Immigration Attorney

If you are looking to acquire an immigration visa or waiver, our immigration attorneys can help. Johnson & Masumi, P.C. has over 30 years of experience serving residents and foreign nationals wishing to live in the Centreville, VA area. Our immigration law firm is dedicated to assisting families with their immigration rights, helping clients within the area and from various countries around the world. Mariam Masumi, our principal Centreville, VA immigration attorney, has worked with numerous immigrants and foreign nationals with their visa applications to help them realize their dreams of touring, residing, and working in the U.S. Our team is dedicated to providing compassionate, personalized assistance to bring liberty and justice to all immigrants.

Centreville, VA Immigration Visas

Our attorneys practice immigration law in Centreville, VA for individuals that intend to live in the area or anywhere in the United States. Johnson & Masumi, P.C. works extensively with our clients to help them acquire employment, marriage, study, and visitor visas. Individuals can temporarily reside in the United States through these visas and can potentially qualify for permanent residence (green card status) during the time of their stay. A Centreville, VA immigration attorney can also provide legal counsel for those who have been designated as “inadmissible” by the United States. We can help them return to the U.S. to be reunited with their family through an immigration waiver.

Centreville, VA Employment Visas

Employment visas allow foreign professionals to apply for residence in Centreville, VA and secure employment throughout the duration of their visa. Individuals can apply for permanent residence upon arrival through the assistance of their potential employer. Employment visas include A visas, EB visas, and the H-1B visa. These visas have a different set of rules and guidelines based on the employment needs of different individuals.

A Visas

A visas are awarded to foreign officials who intend to travel to the U.S. for work. A visas have three different categories: A-1, A-2, and A-3 visas. A-1 visas are granted to public ministers, diplomatic officials, and consular officers. A-2 visas are issued to individuals who are accepted by the U.S. Secretary of States, military officers not traveling under NATO policy, and their immediate families. A-3 visas are granted to attendants, employees, servants, and family members of non-immigrants who possess an A-1 or A-2 visa.

EB-1 Visa

EB-1 visas , commonly referred to as First Preference Visas, are issued to skilled employees who are considered priority workers. The EB-1 visa has three different subcategories for different types of workers. The EB-1A visa is awarded to employees who exhibit extraordinary abilities and high aptitudes. The EB-1B visa is reserved for outstanding professors and researchers. The EB-1C visa is designated for executives and managers of international companies. The EB-1 visa is the recommended class of visa for earning green card status.

EB-2 Visa

EB-2 visas are granted to non-immigrant professionals that possess advanced degrees or exceptional abilities in the arts, business, and science fields to live and work in the U.S. Similar to the EB-1 visa, the EB-2 has three subcategories. The EB-2A visa is obtainable by individuals holding a bachelor’s degree or a four-year equivalent in these fields. The EB-2B visa is reserved for those with exceptional abilities in one of these fields. The EB-2C visa, referred to as the national interest waiver, is granted to individuals whose permanent residency in the U.S. will generate national interest from domestic companies.

EB-3 Visa

The EB-3 visa visa given to skilled workers and professionals who plan to work in the U.S. under a broader range of careers outside the EB-2 visa fields. The EB-3 visa allows individuals to obtain permanent residence and is divided into three subcategories: Professional, Skilled, and Unskilled Workers. The Professional Workers subcategory is for professionals who have received a four-year degree. The Skilled Workers subcategory is for workers who have received a two-year degree or at least two years of training and experience. The Unskilled Workers subcategory is for individuals who have otherwise not met the requirements for either of the previous subcategories.

EB-4 Visa

EB-4 visas , also referred to as Special Immigrant or Fourth Preference visas, are reserved for religious leaders, workers, and occupants. The EB-4 visa permits these individuals to work and live in the United States for religious institutions and non-profit faith organizations. Professionals holding degrees can qualify for this visa if they intend to work for one of these tax-exempt organizations or institutions.

EB-5 Visa

The EB-5 visa is awarded to foreign nationals who intend to invest into a minimum of over $500,000 or $1,000,000 in an EB-5 Regional Center or New Common Enterprise (NCE). The EB-5 visa is currently the most sought-after visa by wealthy Indian investors. Foreign workers who plan to pursue an EB-5 visa must do so through the EB-5 Immigrant Investor Program at their designated Regional Center or NCE. Investors are required to create a minimum of 10 full-time jobs for no less than two years if they wish to qualify for green card status.

H-1B Visa

H-1B visas are granted to foreign nationals who are seeking employment at a domestic organization in the U.S. that holds specialty occupations. Companies operating in fields such as architecture, accounting, engineering, mathematics, medicine, science and technology hold job positions that are qualified as specialty occupations. Applicants of the H-1B visa must hold a four-year degree to be eligible. The process of obtaining a green card is expedited through this program since the H-1B visa is a non-immigrant visa. Employers that wish to hire H-1B visa applicants must petition on their behalf for applicants to be issued the visa. Recent news states there is a growing cap on the number of H-1B visa applicants that are eligible to be permitted to the U.S. for employment, making this visa significantly more difficult to obtain.

Centreville, VA Fiancé Visas

K visas, known as fiancé(e) visas, are awarded to foreign nationals who intend to marry a U.S. citizen or live with their spouse in the Centreville, VA area. Children of these visa holders also qualify for the same class of visa. There are four different classifications of K visas, which include the K-1, K-2, K-3, and K-4 visa statuses

K-1 Visa

The K-1 visa is granted to foreign fiancés who wish to travel to the United Statues for the sole purpose of marrying a U.S. citizen. The foreign fiancé must provide evidence related to their marriage and intent of return to their home country while adhering to K-1 visa restrictions. The U.S. citizen must act at the petitioner on behalf of their foreign fiancé. The fiancé is given six months to arrive in the U.S. and must marry their intended spouse and depart the U.S. within 90 days of arrival. If the foreign national chooses to marry a different U.S. citizen, they must return to their home country and renew the application process.

K-2 Visa

K-2 visas are issued to the children of K-1 visa holders in order to attend their parent’s marriage in the U.S. Children of the K-1 visa holder are required to be unmarried and no older than 20 years of age, but are not required to be related to their parents biologically. The foreign fiancé(e) must provide evidence of relationship to their child(ren) in addition to proper evidence stating they are able to financially support themselves and their child(ren) during their entire stay in the U.S. K-2 visa holders must follow the same K-1 visa regulations of arriving and departing the U.S. within six months and 90 days, respectively.

K-3 and K-4 Visa

Once the foreign fiancé(e) has become legally married to their U.S. citizen spouse, they are eligible to return to the U.S. through the K-3 visa . The U.S. citizen spouse must once again file a petition on behalf of their spouse in order to reunite and reside with them in the U.S. Children of the K-3 visa holder are qualified to live in the U.S. with their parents under K-4 visa status. These visa holders are permitted to enter and leave the U.S. several times during the two-year visa period. After the two years, the K-3 and K-4 visa holders become eligible to apply for green card status, bringing them closer to naturalization.

Centreville, VA Student Visas

International students who wish to study, teach, or work in Centreville, VA for an extended period of time are able to obtain a student visa. Each of the student visas has its own separate restrictions and qualifications that must be fulfilled for admission to the United States. The F-1, J-1, and M-1 visas are the three different categories of student visas.

F-1 Visa

F-1 visas grant international students the ability to enroll in an accredited U.S. institution to study full-time. The F-1 visa allows individuals to live and study in the United States until completion of their degree or studies. F-1 visa students are also permitted to work for a U.S. employer for a position that is consistent with their field of study. If the student plans to work for a U.S. employer, they are able to receive Optional Practice Training from a school official. To complete an F-1 visa application, international students must file Form I-20, the Certificate of Eligibility for Nonimmigrant Student Status. Individuals must also attend an interview at a U.S. embassy or consulate in their country of residence to discuss their educational plans and present their valid passport.

J-1 Visa

J-1 visas are granted to international students via the Exchange Visitor Program for those who wish to complete their academic degree in the U.S. International students who plan to complete their studies and work full-time for a U.S. employer upon completion of their degree should apply for the J-1 visa. Applicants must prove their residence in their home country to be issued a J-1 visa. They must also provide evidence that they intend to return home after completing their studies. Applicants must provide documentation for these claims, in addition to filing and submitting Form DS-2019, Certificate of Eligibility for Exchange Visitor Status.

M-1 Visa

M-1 visas are awarded to foreign nationals who are looking to enter the U.S. for vocational, non-traditional, or non-academic studies. Those who possess the M-1 visa are not permitted to be employed during their studies and must be able to financially support themselves while in the U.S. M-1 visa holders must be enrolled in a course of study for a 12 semester period (4-6 years). Individuals may only apply for an M-1 visa if they satisfy the admission requirements for the school they wish to attend, as well as other student visa requirements and documentation.

Centreville, VA Visitor Visas

B visas are granted to foreign nationals who intend to travel to Centreville or anywhere else in the United States for business, vacation, or medical purposes. These visitor visas are separated into two distinct categories: the B-1 visa for business visitors, and the B-2 visa for tourists and general visitors.

B-1 Visa

B-1 visas are issued to foreign nationals who are traveling to the U.S. for a short business trip. B-1 visa applicants are not permitted to search for or accept employment in the U.S., enroll in any course of study, or conduct work as a foreign media representative during their stay. Individuals who have acquired the B-1 visa are permitted to reside in the U.S. for up to one year. B-1 visa holders may extend their stay in separate increments of six months by filing Form I-539, Application to Extend/Change Nonimmigrant Status.

B-2 Visa

The B-2 visa is given to foreign nationals who are seeking to travel to the U.S. for leisure or medical purposes. B-2 visa holders are not permitted to accept or hold long-term employment in the U.S., but are permitted to enroll in educational or recreational programs during their stay. These visas are valid for a period of up to six months, and applicants must provide proof that they intend to depart the U.S. after their stay and do not intend to abandon their home country. Foreign nationals who qualify for the B-2 visa include include tourists, individuals attending social events, individuals requiring specific medical treatment, artists or musicians receiving no payment, and athletes receiving no payment.

Centreville, VA Waivers

Immigration waivers can be granted to visa applicants who have been deemed “inadmissible to the U.S.” by the U.S. Citizenship and Immigration Services (USCIS). Foreign nationals can be designated as inadmissible by the USCIS if they present health, fraudulent, criminal, or unlawful presence concerns. U.S. immigration law prohibits immigrants with inadmissible status from entering the U.S. Some inadmissible violations, however, can be waived with the help of a Centreville, VA immigration attorney. To lift these violations from an individual’s status, they must be granted a non-immigration waiver. The I-601 Hardship waiver and the I-601 Provisional waiver are the two different types of non-immigrant waivers available.

I-601 Hardship Waiver

The I-601 hardship waiver is obtainable by illegal aliens who are able to present evidence that their family would suffer “extreme hardship” if they were be deported or denied a waiver. Non-residents can also prove that his or her conditions would be deemed admissible to the U.S. by the USCIS if their waiver were to be accepted. The I-601 waiver includes three categories: the Criminal Conviction waiver, the Misrepresentation (Fraud) waiver, and the Unlawful Presence waiver. Any relatives who intend to benefit directly from their family member’s I-601 waiver must meet specific requirements and qualifications of each category. They must also be able to provide sufficient evidence of extreme hardship upon deportation to their home country.

I-601A Provisional Waiver

The I-601A provisional waiver can be obtained by illegal aliens who have been deported back to their home country. These aliens are banned from legally returning to the U.S. for a period of 3 or 10 years, depending on whether they have resided in the U.S. illegally for more or less than 1 year. The I-601A waiver can help an individual overcome their unlawful presence designation by the USCIS, lessening their time of separation from their family. The I-601A waiver can be more effective than the I-601 waiver in some cases since an immigrant can be waived of their inadmissibility faster. Similar to the I-601 waiver, relatives of an I-601 waiver applicant who wish to stay in the U.S. legally must prove that their family would experience extreme hardship upon deportation.

Speak to a Centreville, VA Immigration Attorney

The Centreville, VA immigration attorneys at Johnson & Masumi, P.C. can assist individuals who wish to travel or move to the area. Navigating the visa application process individually and without proper legal counsel can be extremely challenging. Our immigration attorneys have several years of experience with all facets of immigration law and will guide you through the entire visa application process. We will review and help fulfill your requirements, including documentation and proof in order to help you achieve your desired visa or immigration waiver. Regardless of your international or immigrant status, a Centreville, VA immigration attorney at Johnson & Masumi, P.C. is willing and able to successfully manage your unique immigration case. Schedule a free comprehensive consultation , or contact us online to get started with your visa or waiver application!

Categories: Immigration

How to Become a U.S. Citizen

Thu, 28 Oct 2021 06:53:49 GMT

Finding out how to become a U.S. citizen can seem like an overwhelming task. To apply for American citizenship, one must first apply for naturalization. This process involves completing Form N-400 and filing it with the U.S. Citizenship and Immigration Services (USCIS). Before applying, it is important for an applicant to make sure that he or she meets all eligibility requirements. There are also, however, some exceptions and accommodations that may be made depending on an applicant’s special circumstances.

Requirements for Naturalization

All the following general requirements must be met to become a U.S. citizen through Naturalization:

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 U.S. for a required period of time
You have lived within the state or USCIS district where you can claim
residence for at least 3 months prior to filing the application
You have demonstrated physical presence within the U.S. for a required
period of time
You have demonstrated continuous residence for a required period of
time
You can demonstrate good moral character
You can demonstrate an attachment to the principles and ideals of the U.S.
Constitution
You possess the ability to read, write and speak basic English
You possess a general understanding of U.S. history and government (civic
knowledge)
You take an oath of allegiance to the United States of America

One may also qualify for naturalization through other paths if he/she does not qualify through meeting the above requirements. For instance, an individual may already be a U.S. citizen if their biological or adoptive parents were naturalized before the individual reached 18 years of age.

The Naturalization Test

An individual who wishes to become a U.S. citizen must take an English and civics test to fulfill one of the requirements for becoming fully naturalized. Those who qualify for an exemption are not required to take the test.

Oral Test

A United States Citizenship and Immigration Services (USCIS) officer will determine the quality of an applicant’s spoken English during their eligibility interview from the naturalization application Form N-400.

Reading Test

An applicant must correctly read aloud one of three English sentences to demonstrate their ability to read and understand English. The USCIS compiles a list of common reading test vocabulary words to help applicants study for the reading portion of the naturalization test.

Writing Test

An applicant must correctly write one of three English sentences to demonstrate their abilities to write in English. The USCIS compiles a list of vocabulary words to help applicants study for the written portion of the naturalization test.

Civics Test

The naturalization test contains 100 civics questions. During a naturalization interview, the applicant is asked a maximum of 10 questions out of a list of 100 questions. The applicant must correctly answer 6 out of the 10 question set to pass the civics portion of the test.

To prepare for the Civics or English test, U.S. Citizenship and Immigration Services offers free online study materials here:

Dual Citizenship

Dual citizenship, or dual nationality, occurs when a person is simultaneously a national of two different countries. In the United States, those eligible for dual nationality are not required to choose one nationality over another. A United States citizen is also allowed to naturalize in another country without giving up their U.S. citizenship. Dual citizens owe civic allegiance to both countries in which they are a national, and are therefore required to abide by the laws of both countries.

Attending Naturalization Ceremony

If your Application for Naturalization is approved, a naturalization ceremony will be scheduled for you, where you will pledge the Oath of Allegiance, the final step in becoming an official United States citizen. You will be required to attend either a judicial ceremony, in which the oath is administered by the court or an administrative ceremony, where a USCIS officer will administer the oath.

Benefits of U.S. Citizenship

Secure the right to vote
Reunite family in the U.S.
Obtain citizenship for children born abroad
Ability to travel without restriction across U.S. borders
Collect U.S. federal benefits
Gain federal employment
Gain elected representation in U.S. government

Get Legal Help on Your Path to Citizenship

The naturalization process can take some time and be tricky, especially to someone who doesn’t have a firm grasp of the English language or U.S. immigration law. If you are interested in applying for U.S. citizenship and want to explore your options, contact Johnson & Masumi P.C. online or by phone for an initial consultation with our immigration attorneys . They have the necessary experience to guide you through the process of obtaining full U.S. citizenship.

Categories: Naturalizatio n

Reston, VA Immigration Attorney

Thu, 28 Oct 2021 06:53:47 GMT

Reston, VA Immigration Attorney

If you are looking to secure an immigration visa or begin your application for an immigration waiver, the immigration attorneys at Johnson & Masumi, P.C. are ready to assist you. Our attorneys are experienced in all aspects of immigration law and have served thousands of clients from many countries, helping them obtain visas to reside, tour, and be employed in the U.S. Mariam Masumi, our principal Reston, VA immigration attorney is dedicated to ensuring our clients receive personalized assistance with their visa or waiver applications. She believes in making sure that all individuals are able to enjoy their rights to democracy, justice and happiness in the United States. Trust Johnson & Masumi to fight for your rights every step of the way.

Reston, VA Immigration Visas

Johnson & Masumi, P.C. practices immigration law in Reston, VA to help foreign nationals through the process of immigration, employment, student, and visitor visa applications. Once acquiring certain visas, individuals can qualify for applying for permanent residence through a green card status while residing in the U.S. We also serve clients who have been designated as “inadmissible” under USCIS law to be granted an immigration waiver to allow them residence in the U.S. after deportation. Our attorneys will dedicate their efforts in reuniting these individuals with their families after an extended absence.

Reston, VA Employment Visas

Foreign nationals who wish to live and work in Reston, VA can obtain a variety of employment visas. These visas include the: A Visa, EB Visa, and H-1B visa, each with their own categories that carry different requirements. In certain circumstances, a potential employer must petition the USCIS on the behalf of the foreign national they wish to employ. Once approved for employment, certain visa holders are allowed to become legal immigrants.

A-Visas

A visas are awarded to diplomatic officials who intend on traveling and or residing in the U.S. The A visas are categorized into three separate visas: A-1, A-2, and A-3. Foreign public ministers, consular officials and foreign diplomats can be granted A visas. Applicants who are international military officials, or those once qualified and honored by the U.S. Secretary of State can be granted A-2 Visa. Those who are either employees, associated officials, or family of A-2 visa holders can obtain legal entry under the A-3 visa status.

EB-1 Visa

Also known as the “First Preference Visa,” the EB-1 visa is awarded to applicants who are considered a higher priority on the list of immigrants with a higher potential of obtaining permanent residency Green Card status. The EB-1 visa is classified into three categories. EB-1A visas are awarded to individuals who possess extraordinary abilities as designated by the USCIS. The EB-1B visa is given to Outstanding Professors & Researchers, and the EB-1C visa granted to executives and managers.

EB-2 Visa

Those who have achieved advanced degrees or have other extraordinary abilities may qualify for EB-2 employment visas and be granted permanent residency. EB-2 visas also have three separate categories each with their own differing requirements.

EB-3 Visa

Foreign nationals who do not hold extraordinary abilities as designated by the USCIS can apply for an EB-3 visa and be awarded a Green Card for permanent residency. EB-3 visa holders are categorized into three classes of either Professional Workers, Skilled Workers and Unskilled Workers. EB-3 visa applicants must secure full time employment to qualify.

EB-4 Visa

Foreign nationals who work as religious leaders or faith-based nonprofit workers can qualify for an EB-4 visa . Also known as the “Fourth Preference” visa, these workers are granted an EB-4 visa if employed and in the U.S. under a religious or non-profit institution.

EB-5 Visa

The EB-5 employment visa is given to those who make a minimum investment of $500,000 in a USCIS designated Regional Center or $1,000,000 into a new commercial enterprise of their choosing. Investors are required to create at least 10 full-time jobs to qualify for permanent residency while operating their business in the U.S. EB-5 visas have recently become one of the most popular employment visas applied for, even amidst uncertainty surrounding cap limits and the potential rising minimum investment requirements.

H-1B Visa

The H-1B visa is awarded to those who wish to be employed in the U.S. within companies under a special occupation. Qualified applicants include those who hold at least bachelor’s degree in career fields such as: mathematics, engineering, science, medicine, technology, engineering, accounting and architecture. Applicants’ employers must file a petition to the USCIS on their behalf and be approved before an applicant can obtain an EB-5 visa. Due to the increasing cap limit restrictions placed on the H-1B visa, it may be more difficult to obtain than other employment visas.

Reston, VA Fiancé Visas

K-visas are granted to foreign nationals who intend on marrying a U.S. citizen when they move to the U.S. Children of visa holders can also qualify. K-visas include the K-1, K-2, K-3, and K-4 fiancé visa.

K-1 Visa

K-1 visas are issued to foreign national fiancés who wish to come to the U.S. in order to marry a U.S. citizen. Evidence must be provided by the fiancé to prove their intentions of marriage and then returning to their home country under the restrictions of the K-1 visa. In order to qualify for a K-1 visa, the fiancé of the applicant must petition on their behalf. The fiancé must arrive to the U.S. within six months of marrying a U.S. citizen, and then must promptly leave the country within a 90-day period. Should a fiancé wish to marry a different U.S. citizen, they must travel back to their home country to begin the application process again.

K-2 Visa

Children of a K-1 visa holder can be issued a K-2 visa to travel to the U.S. for the marriage of the fiancé and U.S. citizen. Children must be at least 20 years or younger and unmarried, however they are not required to be biologically related to the individuals being married. The foreign national fiancé must prove their relationship to their children, along with proof of their ability to properly support themselves and their children financially. Children issued a K-2 visa must also arrive to the U.S. within 6 months of the marriage and depart within 90 days.

K-3 and K-4 Visa

After the foreign national fiancé has entered a legal marriage with a U.S. citizen, they are eligible to return and and establish residence in the U.S. under K-3 visa status. Similar to the K-2 visa, the U.S. resident must file a petition on behalf of their spouse. Children of a K-3 visa holder can also reside in the U.S. with their parent as K-4 visa holders. Within the 2 year period of the K-3 visa, visa holders are permitted to travel in and out of the U.S. several times. After the 2 year period has elapsed, K-3 visa holders and their children under K-4 status may qualify for applying for permanent residency under green card status.

Reston, VA Student Visas

Foreign national students who intend on teaching, studying or being employed in Reston, VA may obtain different types of student visas. Each visa carries its own special requirements and restrictions that must be adhered to in order to be admitted into the U.S. These visas include the F-1, J-1 and M-1 visas.

F-1 Visa

International students who wish to study full time at a U.S. university and complete their course of studies can obtain an F-1 visa . These visa holders may also work for a U.S. employer in a position that is consistent with their courses of study. Students may receive sponsorship from their university official under the Optional Practice Training program. To be issued an F-1 student visa, applicants must file a Certificate of Eligibility and Form I-20. Additionally, students must complete an interview at a U.S. embassy or consulate representing their home country to discuss their educational goals and provide validation of their passport.

J-1 Visa

J-1 visas are issued to foreign students under the Exchange Visitor Program who wish to complete a course of study and subsequently be employed full time in the U.S. J-1 visa applicants must provide evidence of their status as a legal resident of their home country in addition to their plans to return to their home country after completing their studies. Documentation for this evidence should be provided by filing Form DS- 2019.

M-1 Visa

M-1 visas are granted to international students who wish to study in the U.S. under vocational or non-academic courses of study continuing over 12 semesters. Student applicants must be able to meet admission requirements for the institution they wish to enroll and provide any additional documentation. While completing their studies, M-1 visa holders may not be employed, but must present evidence that proves their ability to support themselves financially.

Reston, VA Visitor Visas

Foreign nationals who intend on traveling to Reston, VA or another U.S. location on business, vacation or medical reasons can apply for a B visa. These visas come in two categories, which are: the B-1 visa for business officials and the B-2 visa issued to foreign vacationers.

B-1 Visa

B-1 visas are granted to internationals who wish to travel to the U.S. on business. Applicants are disallowed from seeking or accepting employment in the U.S., conducting business as a foreign media representative or enrolling in an academic institution. B-1 visa recipients can live in the U.S. for up to a one-year period, but are permitted to extend their residency in increments of 6 months upon properly filing Form I-539 (Application to Extend/Change Nonimmigrant Status).

B-2 Visa

B-2 visas are issued to foreign nationals who wish to travel to the U.S. for leisure or to seek medical treatment and are valid for a period of 6 months. B-2 visa holders must provide evidence that they plan to leave the country after their visa period has expired and have no intention of immigration. B-2 visa holders can enroll in courses of study or recreational programs while in the U.S. — however, they may not accept employment.

Reston, VA Waivers

Though some foreign nationals are able to navigate the visa application process by fulfilling the basic requirements listed, some have a more difficult time due to their designation as “inadmissible” by the USCIS. Inadmissibility can be levied on a potential immigrant if they have any criminal, health, fraudulent, or illegal presence issues. The USCIS strictly prohibits these individuals from legally immigrating to the U.S. Although, in some cases, individuals with an inadmissible designation may have their status waived by obtaining an immigration waiver. The two categories of waivers include the I-601 Hardship Waiver and the I-601 Provisional Waiver.

I-601 Hardship Waiver

The I-601 Hardship Waiver may be obtained by an undocumented immigrant who can provide evidence that suggests their family residing in the U.S. would suffer from extreme hardship if they were to be removed from the country or if the foreign national were denied their waiver application. Undocumented immigrants may also qualify for an I-601 Hardship Waiver if they can prove their status as admissible if granted a waiver. The three categories of I-601 waivers include the Unlawful Presence Waiver, Misrepresentation Waiver, and Criminal Conviction Waiver. Family members of waiver applicants must also provide evidence of their potential sufferings of extreme hardship should they be deported.

I-601A Provisional Waiver

Foreign nationals who have been deported may qualify for an I-601A Provisional Waiver . These individuals are legally denied entry back into the U.S. for a 3 to 10 year period. An individual can apply for an I-601A waiver to decrease the duration of their banishment from the U.S. and remove their unlawful presence status with the USCIS. Oftentimes the I-601A waiver can help a foreign national lessen the amount of time they are separated from their family because of its ability to grant admissibility quicker than the I-601 waiver. An immigrant must provide evidence of their or their family’s potential to suffer from extreme hardship should they be denied a waiver.

Contact The Reston, VA Immigration Attorneys At Johnson & Masumi

The Reston, VA immigration attorneys at Johnson & Masumi are ready to assist individuals who wish to travel, visit, study or work in the U.S. Without the proper legal support, proceeding with your visa or waiver application can be challenging and confusing. We will help you prepare and review all the requirements and evidence needed to satisfy your application and provide step-by-step guidance throughout the entire process to give you the best possible chance of a positive outcome. No matter what type of unique case, our Reston, VA immigration attorneys will go the extra mile to ensure you have peace of mind knowing that your unique case is being handled successfully. For more information on how we can assist you with your visa or waiver application, schedule a consultation with Johnson & Masumi by contacting us online or calling our offices at (703) 688-8376 to get started.

Categories: Immigration

Tysons Corner, VA Immigration Attorney

Thu, 28 Oct 2021 06:53:46 GMT

Tysons Corner, VA Immigration Attorney

When you have a immigration issue, you need a Tysons Corner, VA immigration attorney who knows their stuff now. You likely don’t have time to sit around for them to research your case for days on end, let alone talk at length about immigration law jargon. That’s why the immigration attorneys and Johnson & Masumi pride themselves on doing the difficult work for our Tysons Corner, VA clients. We understand that immigration is a notoriously complex and stressful situation, so we work hard on our end to make the process as simple and straightforward as possible for you. Learn more about our attorneys and our services, and consider Johnson & Masumi for your immigration needs.

Johnson & Masumi traces its roots in 1973 when our founder, Mr. Randall Johnson started practicing law a small Ohio courthouse. A Moritz School of Law graduate, he grew his practice by consistently providing better than average legal services to people in need in central Ohio. 13 years later he moved to Fairfax County Virginia to become a member of the Virginia State Bar. Enjoying the intrinsic rewards of helping local immigrants, Mr. Johnson soon decided to practice primarily immigration law and worked tirelessly to establish a reputation for assisting various immigrant communities. Now, 30 years later, his mantras still ring true, and the company he created lives by the very same values: to deliver first-rate customer service while consistently achieving favorable results.

Tysons Corner, VA Immigration Visas

Johnson & Masumi has a long history of securing visas for our Tysons Corner, VA clients whether they are stationed in the U.S. or overseas. Moreover, we act as advocates for our clients, liaising with government agencies and gatekeeper alike to ensure that visa procurement runs as smoothly as possible. We offer assistance securing the following types of visas:

Employment-Based Visas (A Visas, EB 1-5, H-1B)
Fiancé/Family Visas (K-1, K-2, K-3)
Student Visas (F-1, J-1, M-1)
Visitor Visas (B-1, B-2)

Tysons Corner, VA Employment Visas

Learn more about the different types of visas our Johnson & Masumi attorneys have experience securing for our Tysons Corner, VA clients below:

A Visas

For ambassadors, ministers, diplomats, consular officers, and their immediate family members, A visas are the go-to visa who wish to travel to the United States. A-1 visas are only given to government officials, as they mandate that they recipient is traveling to the United States for government-related reasons. That said, individuals who receive A-1 visas are granted special privileges including the ability to stay a long as they like as well as not be tried for crimes in the United States.

EB-1 Visa

The EB-1 visa allows certain multinational individuals with extraordinary ability in science, art, education, business, or athletics to gain legal permanent residence in the US. For aliens with “extraordinary ability,” or who have contributed significantly to their field, be they are professor, researcher or executive, the EB-1 is the most straightforward way to obtain permanent U.S. residence.

To qualify, the applicant must show extensive documentation to demonstrate their proficiency, such as authorship of scholarly articles; evidence supporting internationally recognized prizes or awards; or proof of the alien’s original contributions of major significance to the field.

EB-2 Visa

One of the common ways in which educated foreign workers get employment-based green cards in the U.S. is utilizing an EB-2 visa . This is the second (out of five) preference categories of people who are eligible for green cards based on employment. EB-2 visa are granted to individuals who hold advanced post-graduate degrees or the equivalent experience.

Requirements for this type of visa include extensive documentation supporting your proficiency in the field of your choosing, as well as evidence documenting that U.S. employers are eager to hire persons with your skill set.

EB-3 Visa

The EB-3 visa is designed to allow foreign national workers to live and work permanently in the United States in situations where there are not sufficient U.S. workers available. The EB-3 visa is thus for “skilled workers and professionals” who possess expertise in specific field and how have found an employer sponsor to provide them a permanent job. In addition, the employer must also initiate the process of obtaining an approved certification of labor from the U.S. Department of Labor.

EB-4 Visa

The EB-4 visa for “special immigrants,” who do not fit into other EB visa categories. The USCIS grants these visas to recognize an individual’s faithful service to the U.S. and/or its institutions. You may be eligible for an employment-based, fourth preference visa if you are considered “special immigrant worker,” and currently hold a position as a religious worker, minister, broadcaster, armed forces religious member, translator or physician. Each of these categories comes with a separate set of requirements as to how the applicant must prove eligibility and ultimately apply.

EB-5 Visa

Are you a wealthy foreign investor eager to reside in the United States? You might be the ideal candidate for the EB-5 visa . The EB-5 is a United States visa program, created in 1990, that enables foreign investors to obtain a U.S. Visa by investing in a business that will benefit the U.S. economy and create jobs. The investment (EB-5) immigration program provides two ways for wealthy people to get green cards: the Individual Direct Investment and the Regional Center Investment.

The Individual Direct Investment option means the money goes to one entity, or business. This business has to then create ten jobs within two years using the money you invested. Regional Center Investments allow you to work with organizations that connect you to projects in the U.S. to invest in. Moreover, there also many other standards the business has to meet as well an minimum investment requirements.

H-1B Visa

Note: Over the past several years, the USCIS has placed an annual cap on how many H-1B visas are approved. An experienced Tysons Corner, VA immigration attorney at Johnson & Masumi can ensure you are one of the applicants who get it.

Tysons Corner, VA Fiancé Visas

For Tysons Corner, VA based U.S. citizens who wish to marry a foreign national, Johnson & Masumi offers services in all three fiancé/family-related visa categories (K-1, K-2 & K-3). Be aware: these K-visas each distinct legal filing requirements, and it is therefore recommended to work with a Tysons Corner, VA immigration attorney who can guide you and your fiancé throughout this process.

K-1 Visa

If you are a U.S. citizen who wants to bring your foreign fiancé(e) to the United States in order to get married, you can do so by obtaining a K-1 visa for your fiancé(e). Otherwise known as the fiancé visa, the K-1 visa requires that the couple must intend to marry each other within 90 days of the foreign fiancé(e) entering the U.S. as a K-1 nonimmigrant.

Moreover, the marriage must be valid, meaning both you and your fiancé(e) intend to establish a life together and that the marriage is not for the sole purpose of obtaining an immigration benefit. Fiancé's who are admitted as a K-1 immigrant may apply for lawful permanent resident status in the United States (a Green Card) after marriage.

K-2 Visa

K-3 and K-4 Visa

Tysons Corner, VA Student Visas

The USCIS offers student visas for foreign national students who intend to continue their education and potentially work in Tysons Corner, VA. Each of the following student visas carries its own special requirements and restrictions that must be adhered to in order to be admitted into the U.S. Read more about each type of student visa below:

F-1 Visa

Also known as a student visa, an F-1 visa is for international students who want to take advantage of educational programs and academic institutions in the United States. The U.S. Department of State issues these visas, which allow qualified students to enroll in full-time study and participate in limited work opportunities. This type of visa is important because it grants official permission for holders to stay in the United States for long periods and enroll in educational programs of their choice. F-1 visa recipients must take a full course load of credits to maintain a status of being enrolled as a full-time student among other requirements.

J-1 Visa

A J-1 visa is a non-immigrant visa issued by the United States to research scholars, professors and exchange visitors participating in programs that promote cultural exchange, especially to obtain medical or business training within the U.S. Intended for foreign nationals to gain skills in the U.S. to take back to their respective home countries J-1 visa immigrants must return home for at least two years before coming back to the U.S. To qualify, student nationals must be sponsored through an accredited Exchange Visitor Program that has been approved through the DOS (Department of State).

M-1 Visa

The M-1 visa is for non-academic or vocational studies, basically students who wish to pursue non-traditional education in the United States. M-1 visa holders for technical and vocational programs are not permitted to work during the course of their studies, and, as a result, must have evidence that sufficient funds are immediately available to pay all tuition and living costs for the entire period of their intended stay.

Tysons Corner, VA Visitor Visas

B-1 Visa

Are you a foreign national seeking to conduct business, negotiate a contract, or attend a business seminar in the United States? You’ll need a B-1 visa . B-1 visa are designed to allow non-immigrants temporary stay in the United State for business-related purposes only. Of course, because eligible visitors often want to extend their trip for vacation or to visit tourist attractions, B-1 visas are often issued alongside B-2 visas for legitimate business travelers.

B-2 Visa

B-2 visas are for travelers seeking tourism, medical care or for those visiting relatives in the United States. It is also used for visiting artists, musicians, or athletes, as well as individuals attending conventions, conferences, or similar social events. B-2 Tourist Visas do not allow the holder permission to work in the United States and require the tourist to return home after their approved stay period. Furthermore, because the can not take a job in the U.S., the must provide evidence that they have the adequate funds to cover all potential expenses before they travel to the United States.

Tysons Corner, VA Waivers

I-601 Hardship Waiver

For persons who have entered the United States illegally or who have accrued unlawful presence after having overstayed their visa, the possibility of obtaining lawful permanent residence (a green card) is very limited. Unlawful presence is a considered a very serious immigration offense that is subject to punishment. As a result, undocumented immigrants who accrue unlawful presence in the United States, and who leave the country are often subject to multi-year bars based on the amount of time they have accrue unlawful presence.

With an I-601 hardship waiver , certain foreign citizens who are currently ineligible to immigrate to the United States because they are “inadmissible” can request a waiver (forgiveness) of inadmissibility if they can prove that leaving the U.S. will cause their family “significant hardship.” The professional attorneys at Johnson & Masumi will work with you to ensure you have all the necessary documents to support you case.

I-601A Provisional Waiver

Many people unlawfully enter the United States each year. Unfortunately, due to current immigration laws, this requires that they must return to their home country first, before they can re-enter the US legally to retrieve a green card. Moreover, when someone lives in the United States unlawfully for several years and then exits the US, they trigger either a 3 or a 10 year bar in returning to the United States, depending on their circumstances. The I-601A provisional waiver is a waiver given to undocumented immigrants who can demonstrate that their US citizen spouse or parent will suffer extreme hardship if their visa application is not granted.

Contact a Tysons Corner, VA Immigration Attorney Today

Applying for visas and waivers is no easy task. Between the multiple forms required, supplemental materials, fees, filing guidelines and deadlines, the process can seem daunting. Add to that the complex list of steps, interviews, and eligibility requirements, and the task of applying seems like an almost impossible operation. Fortunately, the immigration attorneys at Johnson & Masumi have over 30 years of experience securing visas and waivers for our clients. An experienced Tysons Corner, VA immigration attorney can walk you through the process and ensure that you tick off all the required steps.

Contact Johnson & Masumi today to begin the process of securing a visa or waiver or schedule a consultation for a comprehensive evaluation regarding your unique immigration case.

Categories: Immigration

Vienna, VA Immigration Attorney

Thu, 28 Oct 2021 06:53:45 GMT

Vienna, VA Immigration Attorney

More than 5,000 clients. That’s what over three decades worth of law experience in Vienna, VA looks like, and the reason why Vienna residents consistently turn to Johnson & Masumi for all of their immigration law needs. Whether you need assistance filing a visa or a waiver, or working through another complex immigration law procedure, our experienced attorneys are here to assist you in any way possible. Learn more about immigration law services and find out all the ways in which we may assist you.

Since our founding over 30 years ago, our attorneys have consistently ranked among the most distinguished of immigration lawyers in the Vienna, VA region. Notably, the firm’s founder, Mr. Randall Johnson, a graduate of the Mortiz School of Law at Ohio State University, served for 13 years Ohio State bar, and over three decades in Virginia and Washington, D.C. Our other founding partner, Ms. Mariam Masumi Daud earned her Juris Doctorate from the University of Baltimore School of Law, with a concentration in International Law and specializes in immigration law.

Johnson & Masumi was founded on the basic principle that expertise and integrity go hand in hand. Proud to continue our tradition of excellence, we employ the best immigration attorneys available and always seek amicable resolutions and timely achievement of our clients’ objectives. We have extensive litigation experience in the state and federal courts of Vienna, VA and are proud to offer those services to you.

Vienna, VA Immigration Visas

Johnson & Masumi is well recognized for is efficient immigration visa processing services for our Vienna, VA clients. With 30+ years of professional experience, we understand how complicated and confusing visa filing can be. Fortunately, our expert attorneys have decades of experience securing visas for a variety of clients, and will work with you to make the process appear as simple as possible. We assist with the following types of visas:

Employment-Based Visas (A Visas, EB 1-5, H-1B)
Fiancé/Family Visas (K-1, K-2, K-3)
Student Visas (F-1, J-1, M-1)
Visitor Visas (B-1, B-2)

Vienna Corner, VA Employment Visas

Our Johnson & Masumi attorneys have extensive experience filing and securing a variety of employment visas for our Vienna clients. These employment visas include the following:

A-Visas

Otherwise known as “diplomatic visas,” A visas are among the most coveted and beneficial visa to obtain for traveling for non-immigration reasons to the U.S. As such, special requirements must be met. For example, all applicants must apply before they leave their origin country and must provide a valid purpose for travel which is related to government work. Being a non-immigrant visa, A-Visa holders are not allowed to accept employment in the United States, however there is no maximum length of stay.

EB-1 Visa

Do you have extraordinary ability in science, art, education, business, or athletics? Or, have risen to the very top of their field and have sustained world-renown claim? The EB-1 visa is awarded to a small percentage of foreign nationals who have risen to the top of their profession and who are looking for full-time work in the United States.

EB-2 Visa

Employment-based, “second preference” EB-2 visas are given to foreign immigrants who have exceptional ability (or who hold an advanced level degree) in a particular field. You may be eligible for an EB-2 Visa if you currently have an advanced post-graduate degree or a bachelor’s degree with at least 5 years of employment experience. Requirements also mandate that you submit evidence that a US-based organization who is interested in employing someone with your unique qualifications and/or experience.

EB-3 Visa

The EB-3 visa is an immigrant visa designed to allow foreign national workers work permanently in the United States in situations where there are not sufficient U.S. workers who are able, willing, qualified, or available for roles in the job-category. This thus grants foreign nationals with expertise in a specific and employable skill to live and work in the United States, under the precondition that they find a employer to sponsor them.

EB-4 Visa

Created by Congress for “special cases,” and with only 10,000 available annually, the EB-4 visa is a somewhat confusing visa category. Simply put, EB-4 visas are given to “special immigrants” who are either members of clergy for non-profit religious organizations, Afghan nations who worked with the US in Afghanistan, retired officers from international organizations, juvenile foreign nationals who are dependent on the U.S., NATO civilian employees, and select broadcasts, translators and physicians. Each of these categories comes with a separate set of requirements as to how the applicant must prove eligibility and ultimately apply.

EB-5 Visa

The EB-5 visa is a “fifth preference” visa designed to encourage foreign investments and economic growth, while offering interested and wealthy foreign nationals and their families the opportunity to permanently reside in the United States. The investment (EB-5) immigration program provides two ways for wealthy people to get green cards for themselves, their spouses, and their children. These two ways are called the Individual Direct Investment and the Regional Center Investment.

The Individual Direct Investment requires investing at least $1,000,000 to finance a business in the United States that will employ at least 10 American workers. The Regional Center Investment requires an investment in a targeted employment area (TEA) with a minimum of $500,000. The attorney’s at Johnson & Masumi can help you decide if the business (direct investment) or project (region center investment) you want to invest in meets those standards.

H-1B Visa

The H-1B visa is a temporary (nonimmigrant) visa category that allows employers to petition for highly educated foreign professionals to work in “specialty occupations” that require at least a bachelor’s degree or the equivalent. Jobs in fields such as mathematics, engineering, and technology often qualify. Furthermore, the applicants future employer must file a petition with USCIS to ensure that hiring the foreign worker will not harm U.S. workers. Note: Over the past several years, the USCIS has placed an annual cap on how many H-1B visas are approved. The experienced immigration attorneys at Johnson & Masumi can ensure you are one of the applicants who get it.

Vienna, VA Fiancé Visas

Are you a U.S. citizen interested in marrying a foreign national? K visas are a legal way for American citizens to bring their loved one over to the United States, get married, and allow them time to obtain a green card. Whether for our military heroes or government employees stationed abroad, foreign exchange students, or other travelers, Johnson & Masumi offers assistance with all types of K visas. Learn more about these types of visas and how they can allow U.S. citizens, their foreign lovers and their children to stay in the U.S. together forever.

K-1 Visa

Eligibility requirements include providing proof that the couple has known each other for a minimum of two years and that one of the members of the couple is a U.S. citizen. The couple must also prove that they are legally able to marry, and that they intend to marry within the 90-day period.

K-2 Visa

K-2 visas permit children of a K-1 fiancé visa holder to enter into the United States until an immigrant visa is available to them. In order to be eligible for a K-2 visa, the applicant must be under the age of 21 and be an unmarried child of the K-1 applicant. The child’s parents fiancé(e) may then petition for a K-2 visa using an I-129F form. Once their parent and stepparent are married, the children of the fiancé(e) is required to obtain a separate application to Register Permanent Residence (via Form I-485) or an Adjustment of Status.

K-3 and K-4 Visa

The K-3 visa is for the foreign-citizen spouse of a United States (U.S.) citizen. This visa category is designed to shorten the physical separation between the foreign-citizen and their U.S. citizen spouse by allowing them to obtain a nonimmigrant K-3 visa overseas and enter the United States to await approval of the immigrant visa petition. K-3 visa recipients can subsequently apply to adjust their status to a permanent resident through the Department of Homeland Security (DHS) upon approval of the petition.

Vienna Corner, VA Student Visas

F-1 Visa

An F-1 visa is a nonimmigrant visa for those wishing to study in the U.S. You must file an F1 visa application if you plan on entering the US to attend a university or college, high school, private elementary school, seminary, conservatory, language training program, or other academic institution. F-1 visa recipients must take a full course load of credits to maintain a status of being enrolled as a full-time student among other requirements.

J-1 Visa

A J-1 visa is a non-immigrant visa authorized by the United States for research scholars, professors and exchange visitors participating in cultural exchange programs in the United States. The primary exchange program is known as the exchange visitor program, which allows select foreign nations the opportunity to get an education in the United States while pursuing medical, architectural, research, or business training. All applicants must meet eligibility criteria including English language requirements, and be sponsored either by a university, private sector or government program.

M-1 Visa

Are you a foreign national considering vocational school or technical school in the United States? The M-1 visa allows students who wish to pursue vocational programs in the U.S. with the ability to stay in United States while they complete their education. In order to obtain an M-1 visa for traveling to the United States, a student must present a signed Form I-20 at a United States embassy or consulate in the student’s home country, as well as provide evidence that they have sufficient funds to support themselves while in the United States.

Vienna, VA Visitor Visas

A B visa is a category of non-immigrant visas issued by the United States government for foreign citizens seeking entry into the U.S. for a temporary period. The two types of B visas are the B-1 visa, issued to those seeking entry for business purposes, and the B-2 visa, issued to those seeking entry for tourism or other non-business purposes. Our Vienna, VA attorneys can help you secure a B visa for your tourism needs.

B-1 Visa

You may be eligible for a B-1 visa if you will be participating in business activities of a commercial or professional nature in the United States. These activities include consulting work, traveling for conferences, settling an estate, negotiating a contract, participating in a training, or deadheading (for air crewmen). B-1 visas are often issued alongside B-2 visas for legitimate business travelers who want to extend their stay for leisure or vacation.

B-2 Visa

If you are traveling to the United States for pure pleasure, such as vacationing, visiting family, participating in amateur sports or musical events, receiving medical treatment, or taking non-academic courses of less than 18 hours a week, then a B-2 visa is the right choice. Keep in mind: the expectation is that you are temporary visiting the United States for pure pleasure or to attend an event. Thus, B-2 Tourist Visas require you to return home after your approved stay period. Moreover, because you can not take a job in the U.S., you must provide evidence that you have the adequate funds to cover all potential expenses before you leave for the United States.

Vienna, VA Waivers

Staying in the U.S. unlawfully is a serious offense than unfortunately cause some immigrants to obtain the status of “inadmissibility,” whereby they are not allowed to enter the United States after being deported. An Immigration waiver, is a “pardon” for a specific immigration violation, allowing select immigrants to avoid these “in-admissibility bars” that are often the result of immigration violations. Our Vienna, VA attorneys have can help you file and apply for the two primary types of waivers of inadmissibility: the I-601 and the I-601a Waiver.

I-601 Hardship Waiver

Despite being otherwise eligible for a U.S. visa or lawful permanent residence (a green card), the U.S. government can refuse entry to anyone who falls within the list of grounds of inadmissibility found in Section 212 of the Immigration and Nationality Act (I.N.A.). This is to protect United States citizens from individuals who pose a potential risk. Unfortunately, this can often cause US citizens and permanent residents to be separated from their loved one.

Using an I-601 hardship waiver , certain foreign citizens who are currently ineligible to immigrate to the United States because they are “inadmissible” can request a waiver (forgiveness) of inadmissibility before leaving the United States. I-601 waivers are notoriously difficult and based on the immigrant providing significant evidence proving that their U.S. family would experience “extreme hardship” if they were deported. Because cases are approved base on a “case-by-case analysis” it is recommended you consult with a immigration attorney regarding I-601 waivers.

I-601A Provisional Waiver

The I-601A provisional waiver is an immigration form that allows certain relatives of permanent residents of the United States, who are currently classified as “inadmissible” to the country, to request an exemption of the multi-year bars for unlawful presence in the United States, before they leave the US. Otherwise known as the “stateside waiver application” the I-601A waiver allows deportees to remain in the United States until their waivers are finalized. Once their waivers are approved by U.S. Citizenship and Immigration Services (USCIS), they will be eligible to attend their appointments for immigrant visas in their countries of origin, and then return to their families in the U.S. within a few days or weeks.

Contact Our Vienna, VA Immigration Attorneys

Applying for any one of the aforementioned visas or waivers can be a highly complex process. This requires a thorough understanding of elaborate eligibility requirements, documents required, filing guidelines, and other necessary steps. Carelessly omitting important documents or not acknowledging certain requirements could result in you failing to provide all the necessary materials or following important procedures. This could cause delays, or worse, the termination of your application. Fortunately, Johnson & Masumi have decades of experience in immigration law, having prepared hundreds of successful visas and waivers for our Vienna, VA clients.

Categories: Immigration

Chantilly, VA Immigration Attorney

Mon, 02 Aug 2021 06:53:43 GMT

Chantilly, VA Immigration Attorney

Johnson & Masumi P.C. has over 30 years of experience practicing immigration law in Chantilly, VA. Our firm was originally founded by Mr. Randall Lee Johnson as Johnson & Associates. After graduating from the Moritz School of Law at Ohio State University, Mr. Johnson later turned his focus towards practicing immigration law, having even served on the United States Supreme Court. He has dedicated his law practice towards serving immigrant families in Chantilly, VA and the greater Northern Virginia area to help fight for their immigration rights and immigration waiver requests.

Having assisted over 5,000 clients from a host of different countries, Mr. Johnson’s experience reflects the core values of Johnson & Masumi of compassionate and purposeful service to help clients realize their dreams of visiting and residing in the United States. He has now turned over his position and duties to Ms. Mariam Masumi Daud, the Principal Chantilly, VA immigration attorney at Johnson & Masumi P.C. She is ready and willing to assist non-residents in Chantilly, VA with all their documentation, filing, and other visa processes to help manage a successful case.

Chantilly, VA Immigration Visas

Johnson & Masumi P.C. practices immigration law in Chantilly, VA for non U.S. residents who wish to travel to or live in the U.S. We specialize in providing expertise and case management for a wide range of immigration, visitor, employment, student and fiancé visas. Foreign nationals have the ability to be issued multiple types of visas to reside and/or work in the U.S. for a temporary period if they meet specific requirements to qualify. Oftentimes, our clients who successfully obtain certain types of visas will apply for a Green Card to officially live in the U.S. as a permanent resident. We also assist clients in handling immigration challenges if they have been deemed inadmissible by the USCIS by helping them acquire an immigration waiver that will allow them entry into the country. Trust the Chantilly, VA immigration attorneys at Johnson & Masumi to handle all your questions, concerns and visa applications.

Chantilly, VA Employment Visas

Employment visas allow foreign nationals living in Chantilly, VA to apply for residence and obtain employment for their allotted time granted in their visa. Once they have been approved to be employed, employment visa applicants can become legal immigrants. In certain cases, the visa applicant’s potential employer must petition the USCIS on their behalf. We assist our clients with applications for the following employment visas: A Visas, EB Visas, the H1-B visa, among others.

A-Visas

Diplomatic officials who wish to reside and travel in the U.S. are good candidates for an A visa . The three status categories of A visas are the A-1, A-2, and A-3. A-1 visas are granted to diplomats, foreign public ministers, and consular office officials. To qualify for an A-2 visa, an applicant must be honored by the U.S. Secretary of State, or currently serve as an international military official. Family members, employees or other associated officials of A-1 and A-2 visa holders are recognized under the A-3 visa status.

EB-1 Visa

The EB-1 Visa , separated into three categories, is known as the “First Preference Visa” because applicants who qualify are on a higher priority to obtain a green card visa. These are the EB-1A Extraordinary Abilities Visa, the EB-1B Outstanding Professors & Researchers Visa, and the EB-1C Executives & Managers Visa.

EB-2 Visa

Non-residents who hold advanced degrees or possess other exceptional skills can qualify for an EB-2 employment visa and obtain permanent residency. EB-2 visas have three separate categories similar to the EB-1 visa.

EB-3 Visa

EB-3 visas allow foreign nationals in a diverse range of careers who may not possess extraordinary abilities to secure permanent residency in the U.S. EB-3 visa applicants fall within three subcategories: Professional Workers, Skilled Workers, or Unskilled Workers. To be granted permanent residency, workers under the EB-3 visa must be employed full-time.

EB-4 Visa

EB-4 visas are granted to Special Immigrant Religious Workers. This type of visa is known as the “fourth preference” visa that only allows religious leaders or those working in religious occupations to be employed and reside in the U.S. Visa holders must work exclusively in religious institutions or for non-profit, tax-exempt religious organizations.

EB-5 Visa

The EB-5 visa is a highly sought after employment visa granted to those under the EB-5 Immigrant Investor program. Those who qualify must be foreign nationals who have the ability to make a minimum investment of $500,000 in a USCIS EB-5 Regional Center or $1,000,000 into a New Commercial Enterprise. Investors are required to create at least 10 full-time jobs for a minimum of two years as a product of their investment in order to obtain permanent residency under a green card status.

H-1B Visa

The H-1B visa is issued to foreign nationals who who are seeking employment in U.S. companies that are staffing positions for those in specialty occupations. Applicants in career fields such as those in: science, technology, mathematics, engineering, medicine, architecture or accounting are considered. Applicants are required to hold at least a bachelor’s degree in one of these fields. To be employed, applicants must have their potential employers petition on their behalf to the USCIS to be issued an H-1B visa. However, due to the new cap limit restrictions on the number of H1-B visas that are issued, this visa can be prove more difficult to obtain.

Chantilly, VA Fiancé Visas

K-visas, known as fiancé visas, are issued to foreign nationals that wish to marry their U.S. citizen fiancé, or any children of a U.S. citizen. K-visas fall under four classifications: K-1, K-2, K-3, and K-4 visa status.

K-1 Visa

To obtain a K-1 visa , the fiancé of a U.S. citizen must legally marry their fiancé within 3 months of arriving to the U.S. and enter the U.S. within six months of being granted the K-1 visa. If the applicant chooses to marry a different person, they are required to return to their home country to begin the process over. The fiancé must also show proof of additional evidence of their marriage to be granted a K-1 visa and adhere to the visa restrictions.

K-2 Visa

K-2 visas are granted to the unmarried children under the age of 20 who are traveling with their parent to the U.S. who holds K-1 visa status. Children are not required to be biologically related to their parent, however parents must provide evidence of their relationship to their child, as well evidence that suggests they are able to provide adequate financial support for their child. Children with K-2 visa status are only allowed to remain in the U.S. for up to 90 days.

K-3 and K-4 Visa

Fiancés of U.S. residents are eligible for a K-3 visa once they have legally married. The U.S. resident spouse must file a petition behalf of their fiancé, and when confirmed by the USCIS, their children are allowed to reside in the U.S. with their parents under K-4 visa status. A K-3 visa allows the visa holder to enter the U.S. on multiple different occasions. The K-3 visa is valid for up to 2 years, and after this time has elapsed, the visa holder is allowed to apply for a green card for permanent residency.

Chantilly, VA Student Visas

A foreign national student who wishes to study, teach or work in Chantilly, VA for an extended duration has the option of applying for an F-1, J-1, or M-1 visa. These student visas each come with their own different restrictions to obtain one, as well as a host of qualifications that must be met before a student is eligible to study in the U.S.

F-1 Visa

A foreign student who has aspirations to enroll in an accredited university in the U.S. to complete an extended duration of study can apply for an F-1 visa . This visa grants the student the ability to live and study in the U.S. for as long of a period as it takes for them to complete their course of study. The visa holder is also allowed to be employed in a position with a U.S. organization whose job responsibilities are consistent with their course of study. Students can supplement their studies with a program of Optional Practical Training under the supervision of a university official. In order to meet the F-1 visa requirements, a student must successfully file Form I-20, show proof of their I-120 passport and undergo an interview with a U.S. embassy or U.S. consulate official to discuss their educational goals.

J-1 Visa

Students from a foreign country can be granted a J-1 visa under the Exchange Visitor Program and receive sponsorship to complete their studies or temporary employment for a longer period of time. The J-1 visa exchange program allows students to be employed or study if they possess a qualified special skill(s). In order to be granted a J-1 visa, student applicants must prove they are a legal resident of their home country and demonstrate that they do not plan on immigrating to the U.S. after their J-1 visa status has expired. Student applicants must provide documentation to verify their plans and provide a Certificate of Eligibility by completing Form DS-2019 to be recognized as an Exchange Visitor.

M-1 Visa

A foreign national who intends to receive vocational training or complete a field of non-academic study in the U.S. can apply for an M-1 visa . Visa holders must enroll in a course of study for a period of 12 semesters. During their course of study, they are disallowed from being employed and must provide evidence of their financial stability that demonstrates their ability to fully support themselves financially. Students must meet the application requirements of the educational institution they intend on enrolling in to complete their studies, along with additional detailed requirements.

Chantilly, VA Visitor Visas

Foreign nationals who wish to travel to the U.S. on business or to vacation can apply for a B visa. B visas fall under two classifications: B-1 and B-2 visa status.

B-1 Visa

The B-1 visa is awarded to foreign national who are completing business travel in the U.S. for a brief time period. Those applying for the B-1 visa must have no intentions of seeking employment in the U.S., participating in any course of study, or acting as a foreign media employee. B-1 visa recipients may only reside in the U.S. for a period of up to one year, though they have the option applying for an extended stay for periods of six months after submitting the appropriate paperwork.

B-2 Visa

Similar to the B-1 visa, foreign nationals who wish to travel to the U.S. for leisure are permitted to obtain a B-2 visa provided that they do not intend on seeking long term employment, however they are eligible to enroll in courses of study or recreational programs for a short period of time. B-2 visas carry a validity of up to six months, and applicants are required to present evidence showing their intentions of remaining a non-immigrant.

Chantilly, VA Waivers

Visa applicants who have been deemed as “inadmissible” by the USCIS may qualify for an immigration waiver. This can be due to an individual being designated as high risk, dangerous or marked for violating their country’s laws. They may also have other fraudulent, health or unlawful presence concerns. These individuals are restricted from traveling to the U.S. Some inadmissible violations can be waived however. A non-citizen may be granted either an I-601 Hardship or I-601A Provisional Waiver.

I-601 Hardship Waiver

Non-citizens who can provide evidence that their family in the U.S. could suffer extreme hardship if they were removed from the country or denied a waiver may be eligible for an I-601 Hardship waiver. The 3 categories of the I-601 Hardship waiver are the: Criminal Conviction Waiver, Misrepresentation (Fraud) Waiver, Unlawful Presence Waiver. The relatives of the family member who is applying for the I-601 Hardship or Provisional Waiver must meet the requirements and qualifications of each waiver. Relatives must also be able to provide their own evidence of extreme hardship if they were to be removed from the U.S.

I-601A Provisional Waiver

Non-residents who have entered the U.S. illegally and were subsequently deported to their home country must restart their process of attempting to immigrate to the U.S. legally. These individuals are banned from returning to the U.S. from 3 to 10 years time. In order to return to the U.S. after being deemed inadmissible from unlawful presence, obtaining an I-601A Provisional Waiver can prevent an illegal immigrant from having to wait for the 3 to 10 year banned period to elapse by shortening the time they are banned from the country. The I-601A waiver can sometimes be a more expedient process than applying for an I-601 waiver since an individual can begin to apply soon after they have been deported. An illegal immigrant must be able to prove that their family would suffer extreme hardship if deported back to their home country or if the waiver were to be denied.

Contact The Chantilly, VA Immigration Attorneys At Johnson & Masumi

The Chantilly, VA immigration attorneys at Johnson & Masumi, P.C. are able to assist individuals who wish to visit, be employed in, or avoid deportation. Without the proper legal counsel, navigating the visa and waiver application process can be especially challenging and confusing. Our experienced immigration attorneys have the requisite experience and expertise in managing clients’ unique cases. We will help you through the process by reviewing your visa or waiver requirements and provide assistance in obtaining the proper documentation to prove your qualifications for your application. Trust the immigration attorneys at Johnson & Masumi to ensure you understand and are prepared for your visa or waiver application. Schedule a consultation today online or call us at (703) 688-8376 to begin your path to the United States!

Categories: Immigration

What Happens If My K1 Visa Application Is Denied?

Mon, 21 Jun 2021 06:53:42 GMT

The K1 visa is a common visa that allows US citizens to petition for their foreign partner to come to the United States , and ultimately, get married. Once a US citizen’s foreign partner enters the US on a K1 visa, the couple must marry legally within 90 days.

Receiving a K1 visa is not guaranteed, and being notified that your petition has been delayed or worse, denied, can be an unpleasant disappointment, particularly if you are trying to plan a wedding. If your K1 visa application has been denied, you may still have options.

Why a K1 Visa May Be Denied

A K1 visa may be denied for a number of reasons, many of which can be overcome by working with an experienced immigration attorney who can ensure your petition is thorough and comprehensive.

Denials sometimes occur to those who do not meet the baseline requirements , but more often, they are a result of an incomplete petition that did not offer sufficient information or proof of the relationship.

If the authorities reviewing the K1 application believe that the visa is being pursued solely for the purpose of acquiring an immigration benefit and not due to a bona fide relationship , it will also be denied. Similarly, it is important that the applicant(s) do well during the interview stage or risk denial as well.

Steps to Take Immediately After Denial

If your K1 visa has been denied, you must act quickly. Some options are only available for a limited time. A denial does not necessarily mean that it will be impossible to acquire a K1 visa going forward, only that you will need to dedicate extra effort to the process. An immigration attorney can assist you with your options after a denial.

Appeal the Denial

One way of of dealing with a K1 visa denial is to appeal the decision. You can file a Form I-290B to appeal the denial as long as you do so within the time allotted by USCIS , which can be approximately 33 days. The appeal must be submitted with a nonrefundable filing fee of $675.

Retry with a New K1 Visa

Another option for attempting to remedy a denied K1 visa is simply to start over with a new K1 application. If you are not in a rush, or if the issue with your petition is one that cannot be appealed, you may elect to begin the K1 process over again and take a modified or more comprehensive approach.

An immigration attorney can provide guidance to navigate this process , strategize the assembly of your application and prove that your relationship is bona fide. While your previous denial may impact the new application, it does not in any way guarantee that you will again be denied.

Marry Internationally and Apply for a Different Visa

For those who just cannot seem to get through the K1 process , either due to incomplete petitions or extenuating circumstances, the final option is to navigate the marriage process internationally. The United States citizen may elect to get married to their foreign partner outside of the United States, in the foreign partner’s home country.

At this point, you may then apply for a marriage-based visa, which could bridge the gap and help create a way for both of you to live in the United States as a family. Marriage is a powerful means of demonstrating that the relationship is bona fide, especially if the US citizen underwent the cost and time commitment of traveling abroad solely for that purpose.

Consular officers may feel that the couple is less likely to commit immigration fraud during the process of a fiancé visa rather than a spousal K1 visa, possibly making the process simpler for you. Speak with an immigration attorney to determine which method may be most effective in your case and any obstacles you may expect.

Work with Skilled Immigration Attorneys to Reduce Your Chances of Denial

The timeline for acquiring a K1 visa , entering the United States, getting married and applying for legal permanent residence is all very stringent. This can make a K1 visa denial particularly challenging to deal with. Working with an immigration attorney can boost your chances of success during a K1 petition.

If you have already been denied, an attorney from the law firm of Johnson & Masumi, PC can help you to navigate the appeals process or create a new and more successful petition. Contact our office to schedule a consultation to discuss your options today.

Categories: Visa