|
Immigration Law
Nonimmigrant
Visas
The following is the summary of nonimmigrant visa categories most
frequently handled by our office. For more detailed information provided by
relevant authorities, please click on the links. For consultation regarding
procedures, qualifications and required documents, please contact our
office and schedule an appointment with one of our attorneys. Please report
any links that do not connect you to the intended website. We will do our
best to correct them as soon as possible.
Please Select A Category
|
B-1/B-2:
|
Temporary visitors for business/ Temporary visitors
for pleasure
The "visitor" visa is a nonimmigrant visa for persons desiring
to enter the United States temporarily for business (B-1) and for
pleasure or medical treatment (B-2). Depending on the purpose of visit
and need for length of stay, visitors are permitted to stay up to 6
months. It is important to note that visitors are not permitted to accept
any form of employment during their stay in the United States.
Therefore, one should apply for change of nonimmigrant status if the
purpose of visit changes during his or her stay in the United States.
Also, special circumstances and/or important considerations may warrant
an extension of stay.
http://korean.seoul.usembassy.gov/visitor/transit.html
(link to the U.S. Embassy in Republic of Korea - Korean)
http://korea.usembassy.gov/visitor_transit.html
(link to the U.S. Embassy in Republic of Korea - English)
http://travel.state.gov/visa/temp/types/types_1265.html
(link to the U.S. Department of State - English)
http://uscis.gov/graphics/services/tempbenefits/BusPleasure.htm
(link to the U.S. Citizenship and Immigration Services - English)
http://uscis.gov/graphics/services/visas.htm
(link to relevant laws and regulations - English)
|
|
E-1/E-2:
|
Treaty Traders and Treaty Investors
E visas
are for foreign Treaty Traders (E-1) and Treaty Investors (E-2) to carry
on their businesses in the Unites States if their home country has an
appropriate treaty of commerce and navigation with the United States.
If applying for an E visa through an U.S. Embassy abroad, one may obtain
a visa valid for up to 5 years, and be permitted to stay in the United States for 2 years each time he or
she enters the United
States with a valid visa. If applying
for change of nonimmigrant status through the U.S. Citizenship and
Immigration Services, one may obtain an E-2 status valid up to 2 years.
As long as the business entity maintains its operations and basic
conditions for eligibility are fulfilled, one may continuously extend his
or her status. Spouses of E-1 or E-2 visa holders are eligible to apply
for employment authorization once admitted into the United States.
http://korean.seoul.usembassy.gov/investmente1/tradere2.html
(link to the U.S. Embassy in Republic of Korea - Korean)
http://korea.usembassy.gov/investmente1/tradere2.html
(link to the U.S. Embassy in Republic of Korea - English)
http://travel.state.gov/visa/temp/types/types_1273.html
(link to the U.S. Department of State - English)
http://uscis.gov/graphics/services/tempbenefits/TempWorker.htm
(link to the U.S. Citizenship and Immigration Services - English)
http://uscis.gov/graphics/services/visas.htm
(link to relevant laws and regulations - English)
|
|
F-1/M-1:
|
Academic Students
F-1 visas
are for foreign students who seek to pursue language training programs at
U.S.
institutions or academic studies at colleges, universities,
conservatories, or academic high schools in the U.S. M-1 visas are for
nonimmigrants who seek to pursue nonacademic or vocational
studies/training.
http://korean.seoul.usembassy.gov/student.html
(link to the U.S. Embassy in Republic of Korea - Korean)
http://korea.usembassy.gov/student.html
(link to the U.S. Embassy in Republic of Korea - English)
http://travel.state.gov/visa/temp/types/types_1270.html
(link to the U.S. Department of State - English)
http://uscis.gov/graphics/services/tempbenefits/StudVisas.htm
(link to the U.S. Citizenship and Immigration Services - English)
http://uscis.gov/graphics/services/visas.htm
(link to relevant laws and regulations - English)
|
|
H-1B:
|
Specialty Occupations
H-1B visas are for foreign professionals with
specialized knowledge with at least a Bachelor's or equivalent degree.
H-1B specialty workers may be employed up to 6 years in the United States
in their specialized occupation. H-1B is a nonimmigrant classification
allowed to have an immigrant intent; thus, one may pursue permanent
residence while working for his or her sponsor in the United States.
http://korean.seoul.usembassy.gov/hlopq_k.html
(link to the U.S. Embassy in Republic of Korea - Korean)
http://korea.usembassy.gov/petiton-basedh/l/o/p/q.html
(link to the U.S. Embassy in Republic of Korea - English)
http://travel.state.gov/visa/temp/types/types_1271.html
(link to the U.S. Department of State - English)
http://uscis.gov/graphics/services/tempbenefits/TempWorker.htm
(link to the U.S. Citizenship and Immigration Services - English)
http://uscis.gov/graphics/services/visas.htm
(link to relevant laws and regulations - English)
|
|
J-1:
|
Exchange Visitors
J-1 visas
are for persons coming to the United States in an approved
exchange program. J-1 programs often cover students, research scholars,
business trainees, teachers, professors, foreign medical graduates,
specialists, international visitors, government visitors, camp counselors
and au pairs. In order to apply for a J-1 visa, a Certificate of
Eligibility for Exchange Visitor Status (SEVIS DS-2019) from the exchange
program sponsor is required.
http://korean.seoul.usembassy.gov/exchange_visitorj.html
(link to the U.S. Embassy in Republic of Korea - Korean)
http://korea.usembassy.gov/exchange_visitorj.html
(link to the U.S. Embassy in Republic of Korea - English)
http://travel.state.gov/visa/temp/types/types_1267.html
(link to the U.S. Department of State - English)
http://uscis.gov/graphics/services/tempbenefits/ExchVisit.htm
(link to the U.S. Citizenship and Immigration Services - English)
http://uscis.gov/graphics/services/visas.htm
(link to relevant laws and regulations - English)
|
|
K-1/K-2:
K-3/K-4:
|
Fiance(e) and Unmarried Children under 21 of a US Citizen
Spouse and Unmarried Children under 21 of a US
Citizen
A fiance(e) of a U.S.
citizen may apply for a K-1 visa. Unmarried children under 21 of the
fiance(e) are issued K-2 visas. The marriage must take place within 90
days of the fiance(e) entering the United States. K-3/K-4 visas
are for U.S.
citizens¡¯ spouses and unmarried children under 21. The admission in
K-3/K-4 visa status allows the spouse or child(ren) to complete
processing for permanent residence while in the United States.
The purpose of K-3 and K-4 visas is to reunite families who have been or
could be subject to a long period of separation during the process of
immigrating to the United
States. In order for the U.S.
citizen¡¯s step-child(ren) to be eligible for K-4 visa(s), the marriage
with the foreign spouse must have taken place before the 18th birthday of
the step-child(ren).
http://korean.seoul.usembassy.gov/fiance.html
(K-1/K-2 link to the U.S. Embassy in Republic of Korea - Korean)
http://korea.usembassy.gov/finacee.html
(K-1/K-2 link to the U.S. Embassy in Republic of Korea - English)
http://korean.seoul.usembassy.gov/k3/k4_visas.html
(K-3/K-4 link to the U.S. Embassy in Republic of Korea - Korean)
http://korea.usembassy.gov/k3/k4_visas.html
(K-3/K-4 link to the U.S. Embassy in Republic of Korea - English)
http://travel.state.gov/visa/immigrants/types/types_1315.html
(link to the U.S. Department of State - English)
http://uscis.gov/graphics/howdoi/fiance.htm
(K-1/K-2 link to the U.S. Citizenship and Immigration Services - English)
http://uscis.gov/graphics/howdoi/hdiknonimm.htm
(K-3/K-4 link to the U.S. Citizenship and Immigration Services - English)
http://uscis.gov/graphics/services/visas.htm
(link to relevant laws and regulations - English)
|
|
L-1:
|
Intracompany Transferee
L-1 visas
are for intracompany transferees who are coming temporarily to perform
services either in a managerial or executive capacity (L-1A) or in a
specialized knowledge position (L-1B) for a company with a parent,
subsidiary, branch, or affiliate in the United States. The employee must
have been employed abroad for the corporation, firm, or other legal
entity on a full-time basis for at least one continuous year within the
last three-year period to qualify. The U.S. employer must provide
evidence pertaining to the qualifying relationship (ownership and
control) with the foreign employer. The maximum period of stay in L-1A
status is 7 years, and 5 years for L-1B status. L-1 is a nonimmigrant
classification allowed to have an immigrant intent; thus, one may pursue
permanent residence while working for his or her sponsor in the United States.
Spouses of E-1 or E-2 visa holders are eligible to apply for employment
authorization once admitted into the United States.
http://korean.seoul.usembassy.gov/hlopq_k.html
(link to the U.S. Embassy in Republic of Korea - Korean)
http://korea.usembassy.gov/petiton-basedh/l/o/p/q.html
(link to the U.S. Embassy in Republic of Korea - English)
http://travel.state.gov/visa/temp/types/types_1271.html
(link to the U.S. Department of State - English)
http://uscis.gov/graphics/services/tempbenefits/TempWorker.htm
(link to the U.S. Citizenship and Immigration Services - English)
http://uscis.gov/graphics/services/visas.htm
(link to relevant laws and regulations - English)
|
|
O-1:
|
Extraordinary ability in Sciences, Arts, Education, Business, or
Athletics
O-1 visas
are for foreign nationals of extraordinary ability in the sciences, arts,
education, business, or athletics. The artist¡¯s or athlete¡¯s support
staff is given O-2, and the O-1 visa holder¡¯s spouse and/or child(ren)
are given O-3. The maximum period of stay in O is 3 years.
http://korean.seoul.usembassy.gov/hlopq_k.html
(link to the U.S. Embassy in Republic of Korea - Korean)
http://korea.usembassy.gov/petiton-basedh/l/o/p/q.html
(link to the U.S. Embassy in Republic of Korea - English)
http://travel.state.gov/visa/temp/types/types_1271.html
(link to the U.S. Department of State - English)
http://uscis.gov/graphics/services/tempbenefits/TempWorker.htm
(link to the U.S. Citizenship and Immigration Services - English)
http://uscis.gov/graphics/services/visas.htm
(link to relevant laws and regulations - English)
|
|
P-1:
|
Athletes and Entertainers
P visas
are for foreign individual/team athletes, entertainment groups (P-1);
artists and entertainers in reciprocal exchange programs (P-2); and,
artists and entertainers in culturally unique programs (P-3). Spouses and
children of P-1/P-2/P-3 are given P-4 visas.
http://korean.seoul.usembassy.gov/hlopq_k.html
(link to the U.S. Embassy in Republic of Korea - Korean)
http://korea.usembassy.gov/petiton-basedh/l/o/p/q.html
(link to the U.S. Embassy in Republic of Korea - English)
http://travel.state.gov/visa/temp/types/types_1271.html
(link to the U.S. Department of State - English)
http://uscis.gov/graphics/services/tempbenefits/TempWorker.htm
(link to the U.S. Citizenship and Immigration Services - English)
http://uscis.gov/graphics/services/visas.htm
(link to relevant laws and regulations - English)
|
|
Q-1:
|
International Cultural Exchange Visitors
Q-1 visas
are for participants in an international cultural exchange program
approved by the Attorney General for the purpose of providing practical
training, employment, and to share the history, culture, and traditions
of the alien's home country. Unlike J-1 visa, SEVIS DS-2019 is not
required for Q-1.
http://korean.seoul.usembassy.gov/hlopq_k.html
(link to the U.S. Embassy in Republic of Korea - Korean)
http://korea.usembassy.gov/petiton-basedh/l/o/p/q.html
(link to the U.S. Embassy in Republic of Korea - English)
http://travel.state.gov/visa/temp/types/types_1267.html
(link to the U.S. Department of State - English)
http://uscis.gov/graphics/services/tempbenefits/Exchvisit.htm
(link to the U.S. Citizenship and Immigration Services - English)
http://uscis.gov/graphics/services/visas.htm
(link to relevant laws and regulations - English)
|
|
R-1:
|
Religious Workers
In order
to be eligible for R-1, the applicant (religious worker) must prove that
he or she has been a member of a religious denomination having a
nonprofit religious organization in the United States for at least
the two years immediately prior to the application date. The U.S.
petitioning organization must prove that it is a nonprofit religious
organization eligible for tax exempt status pursuant to Section 501(c)(3)
of the Internal Revenue Code of 1986, and must demonstrate that it can
and will provide for all of the R-1 beneficiary¡¯s financial and physical
needs. The traditional religious occupations qualify for R-1 visas
include, but are not limited to, pastors, priests, monks, nuns,
evangelists and missionaries. The maximum period of stay in R-1 visa
status is 5 years (3 years upon initial admission, and extension for
additional 2 years). R-1 visas may be applied through an U.S. Embassy
abroad or through the U.S. Citizenship and Immigration Services after
having been admitted in another visa status. At the time of application,
the U.S.
petitioning organization must provide detail job description of the
traditional religious position being offered and the beneficiary¡¯s
qualifications. R-1visa holders may pursue permanent residence as a Special
Immigrant ? Religious Worker if requirements are fulfilled.
http://korean.seoul.usembassy.gov/religious_workerr.html
(link to the U.S. Embassy in Republic of Korea - Korean)
http://korea.usembassy.gov/religious_workerr.html
(link to the U.S. Embassy in Republic of Korea - English)
http://travel.state.gov/visa/temp/types/types_1272.html
(link to the U.S. Department of State - English)
http://uscis.gov/graphics/services/tempbenefits/TempWorker.htm
(link to the U.S. Citizenship and Immigration Services - English)
http://uscis.gov/graphics/services/visas.htm
(link to relevant laws and regulations - English)
|
|
TN:
|
Trade visas for Canadians and Mexicans
TN visas
are for nationals of Canada
(TN-1) and Mexico
(TN-2) to pursue employment in professional occupations in the United States
under the provisions of the North American Free Trade Agreement. TN
employees must possess the credentials required. The validity of
admission is 1 year, and can be extended on an annual basis without any
limit on the maximum period of stay.
http://korean.seoul.usembassy.gov/tntd_k.html
(link to the U.S. Embassy in Republic of Korea - Korean)
http://korea.usembassy.gov/h_tn_td.html
(link to the U.S. Embassy in Republic of Korea - English)
http://travel.state.gov/visa/temp/types/types_1274.html
(link to the U.S. Department of State - English)
http://uscis.gov/graphics/services/tempbenefits/TempWorker.htm
(link to the U.S. Citizenship and Immigration Services - English)
http://uscis.gov/graphics/services/visas.htm
(link to relevant laws and regulations - English)
|
|
V-1/V-2:
|
Spouse and minor child(ren) of an LPR who is
the principal beneficiary of a family-based petition (Form I-130) which
was filed prior to December 21, 2000, and has been pending for at least three
years
V visas
are for spouses and children (under the age of 21) of permanent residents
who is the principal beneficiary of a family-based petition (Form I-130)
which was filed prior to December 21, 2000, and has been pending for at
least three years. The spouse or child can remain in the United States while they wait until they
are able to apply for lawful permanent residence status, or for an
immigrant visa, instead of having to wait outside the United States.
http://travel.state.gov/visa/immigrants/types/types_1493.html
(link to the U.S. Department of State - English)
http://uscis.gov/graphics/howdoi/hdinonimm.htm
(link to the U.S. Citizenship and Immigration Services - English)
http://uscis.gov/graphics/services/visas.htm
(link to relevant laws and regulations - English)
|
Back to Top
Immigrant
Visas
¡¡
http://korean.seoul.usembassy.gov/start_here.html
(link to the U.S. Embassy in Republic of Korea -
Korean)
¡¡
http://korea.usembassy.gov/start_here.html
(link to the U.S. Embassy in Republic of Korea - English)
(1)
Family-Sponsored Immigration
¡¡
http://korean.seoul.usembassy.gov/spouse_of_american.html
(link to the U.S. Embassy in Republic of Korea -
Korean)
¡¡
http://korea.usembassy.gov/spouse_of_american.html
(link to the U.S. Embassy in Republic of Korea - English)
Immediate Relatives: (Spouses of US citizens (USCs), unmarried children
under 21 years of age of USCs, and parents of USCs (Note: A USC must be
over the age of 21 to petition for his/her parent)
|
¡¡
|
1st Preference: Unmarried sons or daughters over 21 years of age
of USC
|
|
¡¡
|
2nd Preference: (a) Spouses and (b) children of Legal Permanent
Resident
|
|
|
3rd Preference: Married children of USC
|
|
¡¡
|
4th Preference: Siblings of adult USC
|
¡¡
http://korean.seoul.usembassy.gov/preference_cases.html
(link to the U.S. Embassy in Republic of Korea -
Korean)
¡¡
http://korea.usembassy.gov/preference_cases.html
(link to the U.S. Embassy in Republic of Korea - English)
(2)
Employment-Based Immigration
¡¡
|
¡¡
|
1st Preference: Priority Workers (Aliens with extraordinary
ability, Outstanding professors and researchers, and Multinational
manager or executive)
|
|
¡¡
|
2nd Preference: Professionals with advanced degrees, and persons
with exceptional ability
|
|
|
3rd Preference: Skilled workers, professional and other workers
|
|
¡¡
|
4th Preference: Special Immigrant Religious Workers
|
|
¡¡
|
5th Preference: Employment Creation/Investment/Targeted
Employment Area
|
¡¡
http://korean.seoul.usembassy.gov/employment-based.html
(employment-based immigrant visa
processing: U.S. Embassy in Republic of Korea - Korean)
¡¡
http://korea.usembassy.gov/employment-based.html
(employment-based immigrant visa
processing: U.S. Embassy in Republic of Korea - English)
¡¡
http://korean.seoul.usembassy.gov/religious_workers2.html
(religious worker immigrant visa
processing: U.S. Embassy in Republic of Korea - Korean)
¡¡
http://korea.usembassy.gov/religious_workers2.html
(religious worker immigrant visa
processing: U.S. Embassy in Republic of Korea - English)
¡¡
http://korean.seoul.usembassy.gov/investor.html
(immigrant visa processing through
investment: U.S. Embassy in Republic of Korea - Korean)
¡¡
http://korea.usembassy.gov/investors.html
(immigrant visa processing through
investment: U.S. Embassy in Republic of Korea - English)
Back to Top
Reentry Permit &
Citizenship Application
Back to Top
Removal Proceedings/Criminal Record
Review/Consultation and Representation before the Authority
Removal/Deportation Defense
People can find themselves in removal or deportation proceedings for any
number of reasons ranging from visa violations to asylum application, from
minor criminal offenses to serious felony convictions.
Our firm
represents clients before the U.S. Immigration and Citizenship Services,
the immigration court known as the Executive office of Immigration Review,
the Board of Immigration Appeals, the Ninth Circuit Federal Court of
Appeals, the Federal District Courts of California, and the Supreme Court
of the United States.
We make
personal appearances at the immigration courts located in Los
Angeles, San Diego, San Francisco, Lancaster,
and El Centro,
as well as arranging for change of venue for individuals who have been
arrested outside of, or have moved to these jurisdictions from elsewhere.
If removal
or deportation has been triggered by a criminal conviction, or you are
worried that a pending charge may result in deportation, we offer
co-counseling with criminal defense attorneys and can refer you, if
necessary, to local criminal defense attorneys experienced with deportation
issues. It is vital to consult with an attorney familiar with immigration
laws before entering into any kind of plea agreements.
If you have a pending criminal court date, or are
already in deportation or removal proceedings, please contact us for
assistance.
Back to Top
|