TN stands for “Trade NAFTA.” A TN visa allows Canadian and Mexican citizens to work in the Unites States in certain professional occupations. Eligibility is met when

i) the job offered is one of the professional occupations listed in NAFTA Chapter 16, Annex 103, Appendix 1602.d.1,

ii)  that the job is “temporary,” and

iii) the worker meets the educational and/or licensing requirements for the job.

Some of the jobs listed in Appendix 1602.d.1 include: accountants, architects, systems analysts, engineers, graphic designers, lawyers, management consultants, research physicians, social workers, dentists, chemists, and college teachers. There are over 60 occupations listed.

Temporary” means that the job has a reasonable, finite end that does not equate to permanent residence. In order to establish that the alien’s entry will be temporary, the worker must demonstrate to the satisfaction of the inspecting immigration officer (whether it’s a CBP officer at a border post or an immigration officer from USCIS) that the work assignment in the United States will end at a predictable time and that the worker will depart upon completion of the assignment.

Finally, the educational requirements are established in Appendix 1602.d.1 for each respective occupation. Most occupations require a bachelor’s degree or a post-secondary diploma with 3 years of experience. Degrees, diplomas, or certificates received from an educational institution outside the United States, Canada, or Mexico must also be accompanied by an evaluation by a reliable credential evaluation service specializing in evaluating foreign documentation.

Unlike H1-B visa there is no quota on the number of TN visas which may be issued every year; therefore it can be obtained any time of the year. Premium processing, in which the petition will be processed within 15 calendar days, is also available. Canadian applicants may apply directly at a border post, and get their TN visa immediately. Mexicans would have to apply at a consular post, but they may renew at border posts.

An advantage of the TN visa is that it may be renewed indefinitely in 3 year increments, although it is important to express that the job will end at a finite period. Also, as previously mentioned, TN visas are available year-round.

A notable limitation of TN is that it is not a “dual intent” visa, which means that it would be difficult (though not impossible) to obtain one or get any extensions if an immigrant visa petition is pending. This makes it a less than ideal stepping stone to a green card, but since TN is granted for up to 3 years, an EB-1 or EB-2 level petition might be workable. Another limitation is that your dependents, which would be in the US on TD status, are unable to obtain work authorization.

TN is not the most difficult visa to apply for and document, however, our California Immigration Lawyer will be able to quickly and effectively write a TN job letter that should be convincing to even to most skeptical immigration officer that the job is temporary and legitimate. In cases that are to be filed with USCIS, our California Immigration Lawyer can counteract any misapplications law that may occur. Also, the work product of the attorney is also reusable when the TN worker applies for future extensions (simply change the dates of employment on the updated TN job letter). In other words, it’s advisable to have our Iranian Immigration Lawyer Los Angeles make sure all the documentation for the particular occupation is in order so that the application is done right the first time, thereby allowing the TN holder to do it right on their own in the future.

Contact Our Iranian TN Visa Immigration Lawyer:

To discuss TN visa petitions and other alternatives with an experienced California immigration lawyer from Aria Law Group, feel free to contact us by email or call us at (650) 391-9630.

The B1 and B2 non-immigrant category is classified as B-1 for business visitors and B-2 for tourism visitors.

To be eligible for a visitor visa, you would need

i) To demonstrate a purpose for your stay in the US,

ii) Prove that your stay will be temporary.

The purpose of your stay can be established with a personal statement and documentation from third parties, which varies depending on whether you are seeking to visit as a business visitor or a tourism visitor.

Anyone seeking admission to the US to visit potential schools should express that they are a prospective student when they apply for the visa so that they may change status to F-1 in the US. If this intent is not expressed, a change of status is likely to be rejected.

Our California Immigration Lawyer Los Angeles help you to prove that you intend to only stay in the US for a temporary period of time, you would have to establish ties to your home country, which would include proof that you have close members of your family in your home country, a job waiting on your return, and property.

Process of Obtaining a B1 Visa/B2 visa

Premium processing, in which the application will be processed within 15 calendar days, is not available in B-1 or B-2 applications. The processing time varies. USCIS provides a wait-time schedule. If an initial visa is sought, the consulate can schedule an appointment for you in short order.

Advantages and Limitations of a B1 Visa/B2 Visa
The B visa can be obtained more quickly at consulates or embassies than any other visa, and are multipurpose. You can eventually get a 10-year B1/B2 visa, instead of a 6 month visa. The department of state instructs consular officers to give applicants the maximum amount of time possible based on reciprocity.

Iranian B Visa Immigration Lawyer Can Assist You Applying for Green Card while on a B Visa

It is possible, but of course, you must have had the intent not to immigrate at the time of admission. This is a complicated issue, and varies depending on various circumstances. If an individual is seeking to apply for adjustment of status after admission on a B1 Visa/B2 visa, it is important to seek guidance from an attorney to assess the risks and determine situations where it is safe to apply. As a general rule of thumb, a visitor should not do anything inconsistent with non-immigrant intent within 60 days as this creates a rebuttable presumption of fraud at the time of admission, and most certainly not less than 30 days since that creates a presumption of fraud.

Contact Our Iranian B Visa Immigration Lawyer:

To discuss B visas and other alternatives with an experienced California immigration lawyer from Aria Law Group, feel free to contact us by email or call us at (650) 391-9630.

An F-1 visa allows foreign nationals to come to the US as a full-time academic or language student enrolled in a program leading to a degree or certificate. Note that other non-immigrant visa holders can be students in school, just as long as it does not interfere with their status.

Requirements for an F-1 visa:

i) must be coming to the US as a full-time student in a program which leads to the attainment of a specific vocational or educational objective,

ii) have already been accepted by a school approved by the government,

iii) have sufficient knowledge of English, and

iv) demonstrate the financial support needed to complete the studies without having to earn any income.

At Aria Law Group our Iranian Student Visa Immigration Lawyer will inform you that there are no limits set on the number of F-1 visas which may be issued every year; therefore one may apply any time of the year. You are also not prohibited from taking classes while a change of status to F-1 is pending, although your school may have an internal policy preventing you from taking classes.

Benefits and Limitations of F-1 Visa

While on F-1 status, you may legally work part-time on-campus during the school year, and full-time off-campus during the summer breaks by applying for it. After graduation, you may apply for Optional Practical Training (OPT), to spend 12 months in employment after your studies complete. An additional 17-month extension is available for those whose degree falls under the Science, Technology, Engineering, and Math group. As far as transfers are concerned, you may transfer from one school to another or switch programs through a simple procedure where USCIS is notified of the change.

Iranian Student Visa Immigration Lawyer Role in an F-1 Visa Application

An immigration attorney may be of assistance in preparing a change of status application in the US, but otherwise, the school should be able to assist those who are overseas seeking admission as an F-1 student. No legal assistance would be required for F-1 extensions.

Contact Our Iranian Student Visa Immigration Lawyer:

To discuss F-1 visas and other alternatives with an experienced immigration lawyer from Aria Law Group, feel free to contact us by email or call us at (650) 391-9630.

A J1 visa (Exchange Visa) allows foreign nationals to come to the US to participate in a exchange program to promote the sharing of knowledge and skills in education, arts, and sciences.

In summary, to be eligible for a J1 visa (Exchange Visa), you must

i) be coming to work, study, teach, train, or consult in a specific exchange program approved by the Department of State (DOS) through its Bureau of Education and Cultural Affairs,

ii) have been accepted into the program,

iii) have enough financial ability to cover expenses in the US, and

iv) have sufficient knowledge of English to participate in the program.

Process of Obtaining a J-1 Visa
There are no limits set on the number of J1 visas (Exchange Visa) which may be issued every year; therefore one may apply any time of the year. You would apply at the consulate and the visa is usually issued within a month or two from the date the application is submitted.

Benefits and Limitations of J1 Visa (Exchange Visa)
You may enter the US up to 90 days before your authorized program begins. While on J1 visa status, you even study part-time, as long as it does not interfere with your program. J1 visa dependents may also obtain work authorization as long as employment is not used to support the principal J1 visa.
The duration of stay depends on the type of program you will be participating in. For example, many trainees may stay for the duration of the program, plus 18 months of practical training. Teacher programs can last up to 3 years. International cultural exchange visitors can stay for 1 year. Foreign medical students can stay in their internship/residency for up to 7 years. There is a 30 day grace period. The main drawback in J1 visa is the 2-year home residency requirement. In many J1 visa programs, you must return to your home country for 2 years before you can apply for admission to the US, change status, or apply for a green card.

Our Iranian J1 Visa Immigration Lawyer Can Help You Applying for a Waiver to the 2-year Home Residency Requirement

The home residence requirement may be waived under the following methods:

i) a no objection letter from the foreign national’s home country’s government, (about 5 months to process)

ii) Interested US Government Agency (IGA, which is a U.S. government agency that financially supports your program or has a strong interest in your area of research or study) requesting that the DOS waive the requirement in which the DOS and USCIS must agree, (around 4.5 months to process)

iv) hardship to a US Citizen spouse or child, (around 8 months to process) or

v) a designated state health agency requests a waiver on behalf of doctors who have been offered a full-time position with a medical facility serving areas with a shortage of medical professionals. Waiver procedure and timing to file vary. You should generally apply for a J1 waiver at least 6-12 months before the end of your residency program if you are a physician. Note that a waiver is generally not available to medical residents or interns who received medical training in the US, and foreign medical graduates sponsored by the Educational Commission for Foreign Medical Graduates can not apply for a waiver based on “no objection.” Medical residents should try for H-1B Visa ideally, unless your program does not sponsor H-1B visas or if you have not passed USMLE Step 3, which is required for H-1B visa issuance

Contact Our Iranian J1 Visa Immigration Lawyer:
To discuss J-1 visas and other alternatives with an experienced California immigration lawyer from Aria Law Group, feel free to contact us by email or call us at (650) 391-9630.

The K1 visa classification is specifically for fiance (e) s of US Citizens seeking admission to the US to get married.

To be eligible for a fiancé (e) visa,

1) the petitioner must be a US Citizen,

2) both members of the couple must be legally able to marry,

3) the foreign national must have intent to marry within 90 days or entering the US, and

4) they must have personally met within the past two years.

Our Iranian Fiancé Visa Immigration Lawyer Can Help get your Fiance into the USA:

Proving that both members are legally able to marry requires evidence that they are both of age, and that any previous marriages were properly terminated. If, for example, the US Citizen spouse married someone overseas and previously brought them to the US then went overseas and unilaterally filed for divorce, such a divorce would not establish that the individual is now legally able to marry. Also, in first cousin marriages, state laws regarding first cousin marriage may be an obstacle to obtaining a fiancé (e) visa. The general rule is that the immigration service will accept a marriage if it happens in a state or country where the marriage is lawfully recognized.

Intent to marry within 90 days is required, but once the fiancé (e) enters, failure to get married within 90 days does not eliminate the opportunity to later get married and file for adjustment of status, but your K1 Visa status will expire. Of course, to avoid any complications, it is best to abide by the 90 day rule.

As for the requirement of having personally met the fiancé (e) within the past two years, there are exceptions. If the petitioner can prove that there are hardships which make it difficult to have personally met, the requirement of having personally met can be waived. Other exceptions include customary, cultural, or social practices which have restricted meeting before marriage.

Process of Obtaining a K1 Visa

Premium processing, in which the petition will be processed within 15 calendar days, is not available in K1 Visa petitions. The processing time varies. USCIS provides a wait-time schedule.

Contact Our Iranian Fiancé Visa Immigration Lawyer:

To discuss K-1 visa petitions and other alternatives with an experienced California immigration lawyer from the Aria Law Group, feel free to contact us by email or call us at (650) 391-9630.

Family based visas are immigrant visas reserved for relatives of US Citizens and Lawful Permanent Residents (Green Card holders). The two steps in applying for lawful permanent residence in the US (a Green Card) are:

i) not be inadmissible, and

ii) establish eligibility within one of the categories by establishing your relationship to a qualifying relative as either a spouse, child, or parent.

Foreign nationals who are inadmissible include those with certain criminal history, diseases, and those who are likely to be a public charge. A public charge is someone who is dependent on the government. At Aria Law Group Our Iranian Family Based Green Card Immigration Lawyer assists clients with filing an affidavit of support from the sponsor, or a joint sponsor which allow a foreign national who otherwise has no financial means, to not be considered a public charge.

There are two main classes of relative petitions; “immediate relatives” and “preference relatives.” The difference between immediate relative petitions and preference relative petitions is that preference relatives must wait until their ” is current before they can apply for an entry visa or before they can apply for adjustment of status in cases where they are already lawfully in the United States.

 

Immediate Relatives are: 

a) Spouses of US Citizens;

b) Children (single, under 21) of US Citizens; and

c) Parents of US Citizens (if the US Citizen is 21 and over).

Preference Relatives are:

a) First (FB1) – Unmarried sons and daughters (21 and over) of US Citizens;

b) Second A (FB2A) – Spouses and unmarried children of Lawful Permanent Residents

c) Second B (FB2B) – Unmarried sons and daughters of Lawful Permanent Residents

d) Third (FB3) – Married sons and daughters of US Citizens; and

e) Fourth (FB4) – Brothers and sisters of US Citizens.

Relatives of Family Based Visa Applicants (Derivatives)

When an individual is sponsored, that person might have spouses and children who they would like to bring with them. The term for such persons is “derivatives.” Only preference relatives may include spouses and children as derivatives. So, for example, if a US Citizen sponsors their parent, that parent can’t bring their children with them. On the other hand, if a US Citizen sponsors their sibling, that sibling can bring their children with them.

Specific Eligibility Requirements for a Spouse

In spousal petitions, the marriage must be legal, which means that all prior marriages must have been legally terminated and the marriage must have been legal in the place of marriage. There obviously can be no fraud, which means that you cannot marry just to get the immigration benefit. And there is a 2-year conditional green card in marriages less than 2 years old at the time the beneficiary gets their green card. The condition must be removed by I-751, either by the couple jointly, or in the event of divorce it can be done independently with more proof of bona fide marriage or proof of abuse during the marriage.

Contact Our Iranian Family Based Green Card Immigration Lawyer:

To discuss the Family Based visa process and other alternatives with an experienced immigration lawyer from the Aria Law Group, feel free to contact us by email or call us at (650) 391-9630.

To discuss asylum applications and other alternatives with an experienced immigration attorney from Aria Law Group, feel free to contact us by email or call us at (650) 391-9630.