How do I get my residency ("green card") in the U.S.?
This is a very general question as there are many different ways to gain permanent residency in the U.S. However, in a broad overview, immigrant categories can be broken down into two major groups. One category is family-based immigrant visas where a qualifying family member such as a spouse, parent or sibling can apply for an immigrant visa on behalf of the intending immigrant. The most important factor in family-based cases is evidencing a valid and legitimate familial relationship between the petitioner and the beneficiary. The second major category is employment-based immigrant petitions. Petitions in this category involve qualifying employer sponsorship of a worker seeking to obtain an immigrant visa. There are several different types of employment-based petitions. As with virtually all immigration matters, certain conditions and requirements must be met. A range of factors including, but not limited to, type of employment, field of employment, company profile of the sponsoring employer, and qualifications of the intending immigrant, are evaluated to determine the proper employment-based visa sub-category. One of the vital keys to obtaining legal permanent residency in the U.S. efficiently is to find the most appropriate category under which to apply for the immigrant visa, considering the requisite conditions and time factors.

How do I become a citizen of the U.S.?
If you were not born a U.S. citizen, the most common way to gain citizenship in the U.S. is to become a naturalized citizen by meeting several requirements. First, you must have been a legal permanent resident for at least 5 years, 3 years if you are married to a U.S. citizen for at least 3 years. Second, you must have been physically present in the U.S. for at least one-half of the five- or three-year period and must have resided in the U.S. continuously from the time of application up to the time of being naturalized. Third, you must show you are a person of good moral character for the requisite period of time. Fourth, you must also show at least an elementary level proficiency of the English language in reading, writing and understanding, as well as ability to pass a civics test on the history and government of the U.S. There are additional requirements and affirmations to be reviewed before moving forward with applying for naturalization. One of the negative factors to be carefully considered prior to applying for naturalization is any criminal background. A criminal background can cause serious problems for an applicant.

What are the most common types of nonimmigrant visas?
The most commonly and widely used nonimmigrant visas are Visitor visas, Student visas, and Temporary Worker visas. Among the many sub-categories of temporary worker visas, the most popular are the H-1B Specialty Occupation visa, L-1 Intra-company Transferee visa and E-1/E-2 Treaty Trader/Investor visa.

An H-1B visa requires that an employer-petitioner sponsor a worker in a "specialty occupation" for temporary employment in the U.S. for up to 6 years. This "specialty occupation" must be a position that normally requires an equivalency of at least a Bachelor's Degree for entry and must meet specific minimum wage requirements in its field. There is a numerical cap on this visa of 65,000 per year for new employment filings. However, there are additional visa numbers set aside for occupations requiring a Master’s degree.

The L-1 visas are commonly used for employer-sponsors who have overseas affiliate offices that want to bring their non-U.S. employees working abroad to the U.S. Such foreign employees must have at least one year of employment with the employer's foreign office. The transferee must have either been in a managerial or executive position or must have "specialized knowledge" about the company. The time limitation on this visa is 5 or 6 years depending on the employee's job position.

Last, the E visas are frequently used by those who are not necessarily dependent on an employer sponsorship but seek to establish their own business. There are two categories of E visas, E-1 Treaty Trader and E-2 Treaty Investor. The E-1 Treaty Trader participates in substantial trade between his/her native country and the U.S. through a bilateral treaty that has been established between the nations. E-2 Treaty Investor visa, also based on an established treaty, calls for a "substantial" investment into the U.S. for which the entrepreneur is allowed to develop and direct the operations of the enterprise. One of the main advantages of the E visa category is that the visa can be for an indefinite period of time as long as the underlying enterprise meets designated requirements.

What is a Labor Certification?
A Labor Certification is a process by which a U.S. employer may obtain permission from the Department of Labor to hire a foreign worker for a certain position in the U.S. on a permanent basis. The employer must prove that there is a bona fide job opening and adequate recruitment efforts have produced no able, willing, and available U.S. worker to fill the open position. This used to be a very lengthy process, taking upwards of 3-4 years for a final decision; however, in March of 2005, a complete overhaul of the process brought about the "PERM" Labor Certification method which reduced the processing time significantly. Although the length of the application timeline has shortened, it remains a rigorous and arduous application practice. Finally, it is still a process in its early stages that requires more evaluation time for better predictability and reliability.

If you or someone you know in Texas or worldwide needs the assistance of an experienced Houston Immigration Lawyer, call Attorney Rosa Han today at 866-716-5112, or complete the contact form provided on this site to schedule your initial consultation.

If you or someone you know in Texas or worldwide needs the assistance of an experienced Houston Immigration Lawyer, call Attorney Rosa Han today at 866-716-5112, or complete the contact form provided on this site to schedule your initial consultation.

ADDRESS OF THE FIRM:
Law Office of Rosa Han
10700 Richmond Ave., Ste. 224
Houston, TX 77042
Telephone: 866-716-5112
Fax: 713-278-2080

MEMBERS OF THE FIRM:

Rosa Han
Rosa Han has been practicing Immigration Law in Houston, Texas since being licensed in 1995. Ms. Han handles primarily employment-based and family-based Immigration matters ranging from temporary visas to permanent residency and citizenship/ naturalization. She has been an active member of the American Immigration Lawyers Association since 1998.

Rosa Han graduated from Baylor University with a Bachelor's degree in Political Science and then earned her law degree at St. Mary's University School of Law in 1995. Even as a student attorney in law school, she was active in the St. Mary's Immigration Clinic representing cases before the Immigration Court and winning her first deportation case. She began practicing Immigration Law immediately after being licensed and, since then, has established a growing practice, representing a diverse group of clients from around the world, particularly from Asia and Europe.

Attorney Rosa Han's practice is focused mainly in the areas of non-immigrant and immigrant visas based on family or employment sponsorships, but she also represents clients in citizenship matters and deportation/removal proceedings. Her work philosophy is to provide direct and efficient service and personal care to her clients with an emphasis on accessibility.

Attorney Rosa Han has been a long-time member of the American Immigration Lawyers Association (AILA), an organization that provides access to the vast community of Immigration Law network including other Immigration attorneys and various resources. She is also admitted to practice before the Fifth Circuit Federal Court of Appeals.

 

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