Johnson & Masumi can readily assist you with all of your immigration related issues. In fact, for over 30 years, we have been helping our McLean, VA clients achieve success with their visas, waivers and other immigration procedures. Learn more about our unique process and how we can help you secure permanent residence or a visa to stay in the United States short-term. A McLean, VA immigration attorney at Johnson & Masumi cannot wait to serve you!
Mr. Randall Johnson founded what become Johnson & Masumi over 30 years ago while working as an independent law practitioner in Virginia and D.C. Struck with the joy of assisting numerous clients gain their independence and receive permanent residency, Randall made it his mission to provide best in class service for immigrants seeking to visit and/or permanently stay in the United States. Now, more than 30 year later, his mission is as powerful as ever. Our attorneys work hard every day to continue Mr. Johnson’s tradition of excellence which providing top quality legal expertise for all of our McLean, VA clients.
McLean, VA Immigration Visas
Our Johnson & Masumi attorneys specialize in assisting McLean, VA individuals and businesses in a diverse array of immigration law procedures and practices. In addition, each of our attorneys have many years of experience securing all types of visas, 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)
McLean, VA Employment Visas
One of the key principles guiding the U.S. immigration system has been admitting foreign workers with skills that are valuable to the U.S. economy. Current U.S. immigration law provides several paths for foreign workers to enter the United States for employment purposes on a temporary or permanent basis. Learn more about the different types of visas offered by a McLean, VA immigration attorney at Johnson & Masumi below:
A visas are awarded to non-immigrant work officials who wish to travel to the United States. A visas are divided into three different categories: the A-1 visa, the A-2 visa, and the A-3 visa. A-1 visas are issued to diplomatic officials, public ministers, and consular officials. A-2 visas are awarded to individuals who are accepted by the U.S. Secretary of State, military officers who are not traveling under NATO policy circumstances, as well as their immediate families. A-3 visas are granted to employees, servants, attendants, and family members of those who hold an A-1 or A-2 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 for “Extraordinary Ability” 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.
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.
The EB-2 visa “second-preference” is an immigrant visa preference category for United States employment-based permanent residency, created by the Immigration Act of 1990. This category includes “members of the professions holding advanced degrees or their equivalent”, and other individuals who talents may substantially benefit the United States. To qualify, applicants my show extensive documentation to demonstrate their proficiency in a particular field and/or obtain an advanced post-graduate degree, among other requirements.
The EB-3 visa is a “third preference” immigrant visa category for United States employment-based permanent residency. Intended for “skilled workers, professionals, and other workers,” it primarily allows foreign nationals with expertise in a specific employable skill to permanently live and work in the U.S.
Unlike persons with extraordinary/exceptional abilities in the EB-1 and EB-2 category, EB-3 applicants require a sponsoring employer, meaning they require a permanent job offer from a U.S. employer who has initiated the process of obtaining an approved certification of labor form from the U.S. Department of Labor.
You may be eligible for an employment-based, fourth preference EB-4 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. For example, for religious occupations, applicants must have been a member of a religious denomination that has a non-profit religious organization in the United States for at least two years; and solely entering the United States to work either as a minister or priest (or in a similar capacity) for the religious denomination.
For wealthy individuals seeking to obtain green cards for themselves and their families, the USCIS offers the EB-5 visa for permanent U.S. residence. 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. The attorneys at Johnson & Masumi will assist you throughout this complex process.
The US H-1B visa is a non-immigrant visa that allows US companies to employ graduate level workers in specialty occupations that require expertise in specialized fields such as in IT, finance, accounting, architecture, engineering, mathematics, science, medicine, etc. Applicants must have a minimum of a bachelor’s degree in their specialized field of study, or the equivalent in years of on-the-job experience. Their (future) employer must also 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.
McLean, VA Fiancé Visas
For McLean, 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). Keep in mind: these K-visas each have fixed legal filing requirements, and it is therefore recommended to work with a McLean, VA immigration attorney who can guide you and your fiancé throughout this process.
A K-1 visa — also called a fiancé visa — allows the engaged partner of a U.S. citizen to enter the United States, as long as the couple gets married no more than 90 days later. The newly married spouse can then apply for permanent residence (a “green card”) based on marriage. 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.
A K-2 visa permits the child(ren) of a K-1 fiancé visa holder to enter into the United States until an immigrant visa is available for them. In order to be eligible for one of these nonimmigrant visas, 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 and K-4 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.
McLean, VA Student Visas
Foreign national students who intend to continue their education and potentially work in McLean, VA must apply for a student visa that is appropriate to their circumstances. 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:
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.
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. All applicants must meet eligibility criteria, English language requirements, and be sponsored either by a university, private sector or government program.
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.
McLean, VA Visitor Visas
B-1 or B-2 visas are for tourists who intend to temporarily visit the United States from another country. A visitor 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 the two types of tourist visas below:
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.
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.
McLean, VA Waivers
Being inadmissible in the United States means that, as punishment for past immigration violations (such as staying in the U.S. unlawfully) immigrants are not allowed to enter the United States. An Immigration waiver is thus a “pardon” for a specific immigration violation, allowing them to bypass their “in-admissible” status and remain in the U.S.. Thankfully many immigrants can still apply for a waiver of inadmissibility if deemed inadmissible. 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
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.
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 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. It is therefore recommended you consult with a McLean, VA immigration attorney regarding these matters.
I-601A Provisional Waiver
The I-601A provisional waiver is an immigration form that allows certain relatives of United States citizens or permanent residents to request a waiver of the multi-year bars for unlawful presence before they leave the US instead of after. Otherwise known as the “provisional waiver application,” eligible persons can wait for the results of their application while in the United States rather than having to leave and wait for a decision outside the country. This allows eligible applicants to remain with their U.S. family members while they wait for their pardon of inadmissibility. Having the assistance of a licensed McLean, VA immigration attorney can help make the application process go much more smoothly.
Contact a McLean, VA Immigration Attorney Today
While there are many steps immigrants can take to file and apply for visas and waivers on their own, many immigrants find this process confusing, challenging and lengthy. Moreover, doing things yourself increases the chances that you leave out a necessary form or make a mistake, which could cause your application to be rejected, costing you significant time and money. In situations like these, it is best to work with a professional McLean, VA immigration attorney who can sift through the complexity and guide you throughout the process. The expert law attorneys at Johnson & Masumi pride themselves in offering such service for our McLean, VA clients. Schedule a consultation with us or call our offices at (703) 688-8279 today for a comprehensive evaluation of your immigration concerns. Our attorneys are eager to begin working with you!