California Immigration Lawyer, Asylum Lawyer, Deportation Attorney, US Immigration Attorney

VISA BULLETIN: A SUPRISINGLY “BIG JUMP” IN PRIORITY DATES FOR EMPLOYMENT BASED CATEGORIES IN JULY 2007

by Shah Peerally, Attorney at Law, Law Offices of Shah Peerally, www.peerallylaw.com Phone (510) 742 5887

For the Month of July , we saw an incredibly surprising and nice “jump” in the priority dates of employment based categories. Indeed, the priority dates for all the Employment Based Categories[1] of EB1, EB2, EB3 (except others workers), EB4 and EB5 became current. The current dates have long been awaited by many especially under the EB3 categories and countries with previous retrogressions such as India, China, Mexico and the Philippines.  The Chart now reads as follows:

WHAT IS THE VISA BULLETIN?

In simple terms, the visa bulletin sets up priority dates with numerical limitations allotted by the State Department to issue immigrant visas. Such visas are immigrant visas which in fact are available Permanent Residence (“Greencard”) numbers. Note that the immigrant visas should not be confused with non immigrant visas, which are just entry permits in the United States (usually without immigrant intent).

WHY IS IT IMPORTANT TO HAVE A CURRENT PRIORITY DATE?

A current priority is very important because it entitles someone to file to adjustment of status or obtain consular processing to process his or her permanent residence. Basically this person is able to file for the last step of the process of the greencard which is the ultimate goal of someone who wants to obtain permanent residence in the United States. In fact, filing the adjustment of status if someone is in the United States will allow someone to also file for the Employment Authorization Card. In addition, if the applications are pending for more then 180 days, one is eligible to port to another company under AC 21 portability provisions.

WHY SHOULD SOMEONE ACT IMMEDIATELY IF HIS OR HER PRIORITY DATE IS CURRENT?

In the past years, the priority dates have been a roll coaster for countries such as India, Mexico, China and Philippines. In fact, it has been as much an emotional roll coaster for foreign nationals from those countries. Some have probably even given up waiting for the dates to become current. To our pleasant surprise, for the month of July 2007 we saw an incredible “jump” in the numerical limitations (“priority dates”) established by the State Department. Now the question is how long it will last? Based on a glance at the previous visa bulletins, it seems that this current ideal situation will not last for long. As soon as the United States Citizenship and Immigration Services (USCIS) receives enough petitions, there will be no more acceptance of new adjustment of status based on the current priority dates. There will ultimately be a cut-off date.

WHAT SHOULD SOMEONE DO IF HIS OR HER PRIORITY DATE IS CURRENT?

If your priority date is current, you should contact your attorney or an immigration attorney experienced in employment based immigration immediately. Our office has handled many adjustment of status cases. You are welcome to call us on (510) 742 5887, we will be glad to meet with you and assist you.

It is common knowledge that most people  obtain their permanent residence (“greencard”) through family petitions (marriage, siblings and parents) or asylums. This is quite true. However, there is a significant majority of people especially in the Bay Area who have obtained their permanent residence through employment. In fact, our office has successfully processed many of such cases.   First before proceeding to filing such petitions, you have to have an employer who is ready to offer you a position.  There are some other petitions that do not require an employer such as National Interest Waivers. But this article will concentrate on the labor certification process.  Note that because such petitions are for future prospective employment, you do not have to be working for this employer until you get a greencard in your hand. Thus a labor certification can be processed even if you are not working for this particular company right now. In fact, you can even start the process when you are outside the United States. For instance while you are in Fiji.

 The process for obtaining permanent residence based on employment consists of three phases: 1) the labor certification, (Processed with the Department of Labor) 2) the visa petition, and 3) either adjustment of status (obtaining a green card without leaving the United States, if the employee is eligible) or consular processing (processing in which the employee would leave the United States in order to obtain an immigrant visa).   

Labor Certification Application 

A “labor certification” is a certification by the United States Department of Labor that a shortage of qualified U.S. workers exists with regard to this specific job, and that the prospective immigrant employee will be paid the “prevailing wage”. This certification must be obtained before an immigrant visa can be filed. One of the most important factors in the ultimate success of a labor certification is a correct determination of the minimum requirements needed to perform the job. Because this factor is so critical, a good attorney should spend a substantial amount of time obtaining and digesting information and then drafting the appropriate paperwork. It is extremely important that we all correctly describe the minimum requirements for the job as well as explain the reasons why these requirements are necessary. The employer will be required to sign the form ETA 9089 (labor certification application) as well as a letter on company letterhead describing the position that it is recruiting for, why the beneficiary (prospective immigrant employee) qualifies for this position, and what recruitment efforts have been undertaken to fill the position.   

Program Electronic Review Management (PERM) 

Under PERM, the Program Electronic Review Management scheme recently implemented by the United States Department of Labor, the following recruitment steps must be undertaken for a labor certification application to be approved, and they must be undertaken More than 30 days but less than 180 before the labor certification application is filed:   1) placement of a job order on the website of the State Workforce Agency; 2) placement of print advertisement on 2 consecutive Sundays in a newspaper of general circulation; 3) an internal notice, listing the wage to be paid, at the employer’s site for 10 consecutive business days; and IF THE JOB IS FOR PROFESSIONAL POSITION; 4) recruitment in three out of ten other specified ways.  The employer, however, could be subject to an audit which would arise either randomly or by investigation. If the employer is audited, then the process will take longer. The purpose of the audit would be to determine whether the employer has taken the recruitment steps that it claims to have taken on the labor certification application.

To that end, regulations require that the employer maintain a detailed report of its recruitment efforts.

This recruitment report must minimally contain four items: 

1. A description of the recruitment steps undertaken
2. The number of resumes or applications received
3. The number of people hired from the recruitment efforts,
4. The number of U.S. workers rejected, categorized by lawful job related reasons for rejection. (Please note that if a person is rejected in the recruitment report for lacking skills necessary to perform the duties but the skills could be acquired during a reasonable period of on-the-job training, this will not be considered a lawful, job related reason for rejection)

 In addition, the PERM regulations require the following steps to be taken:

 ·        The employer must save documentation, such as copies of advertisements and the posting notice, and other in-house recruitment documentation for the position.  

 ·        If applicable, the employer must justify in writing any special skills or experience required for the position in a fashion that satisfies the Department of Labor’s “business necessity test.”

 ·        Finally, the employer must sign the recruitment report and maintain it for five years from the date of filing, along with all evidence of recruitment, so that the employer is prepared in the event of a DOL audit or investigation.    

 The Visa Petition (Form I-140)

 Upon receiving an approved labor certification, a visa petition is prepared and then  is submitted to the U.S. Citizenship and Immigration Service (Formerly the “INS”). The purpose of the visa petition is to prove to the Immigration Service that: (1) the job has been certified by the Department of Labor, (2) the prospective employee meets all of the requirements listed on the labor certification, and (3) the employer has the ability to pay the salary to the employee.  During the visa petition phase, it will be necessary to submit documentation demonstrating the employer’s ability to pay the employee’s salary. This will usually be a federal tax return, or for larger companies with 100 employees or more, a letter from the chief financial officer, or an annual report. In addition, it is at this step that we will be submitting documentation regarding proof of your education and experience. Therefore, at that time, you will  need to provide diplomas, transcripts, and letters from previous employers, as necessary for the employee. Normally, our office requests those items at the initiation of the labor certification process. This process is currently taking 8-12 months to adjudicate. At this stage you may opt to obtain your Immigrant’s Visa at a consulate abroad or file for an application for permanent residence as explained below. 

The Final step: Application for Permanent Residence (Form I-485 and Form I-765) 

This phase, applying for permanent residence status, can be concurrently filed with the visa petition and completed without the prospective employee leaving the United States only if the following two conditions are met: 1) a visa number is currently available in the employment-based preference category under which the petition is filed; 2) the prospective employee is eligible to apply for adjustment of status to that of permanent resident . If this option is available, the petition and the application for permanent residence are currently taking about 3-24 months from filing to decision. However, in the meantime, the prospective employee can apply for and receive an Employment Authorization Document based upon the pending application for adjustment of status in approximately 90 days. Again, our office can assist in preparing all the forms and ensuring that the supporting documentation is complete.  If a visa number is NOT currently available in the employment-based preference category under which the petition is filed, then the application for permanent residence cannot be filed until the visa petition is approved and a visa number becomes available. In that case, there would be no pending application for which adjustment of status on which to base an application for an Employment Authorization Document. On the other hand, if the visa petition is approved, but if the prospective employee is not eligible to adjust status to that of permanent resident without departing the United States, the prospective employee will have to depart the United Sates and obtain his or her visa from the U.S. embassy (or a consulate) at his or her home address outside the U.S..   At this stage, the prospective employee must begin obtaining the following documents if he or she does not already have them in possession.               

1. a birth certificate of the employee and any family members;
2. a marriage certificate if married;
3. divorce decrees or other proof of the termination of any prior marriages; 
4. current passport(s) valid for at least the next year or two; 
5. police certificates from any country in which he/she has resided for more than one year after the age of 16 (this is only required if you will be processing through an American Consulate outside the United States); and 
6. a military certificate if he/she has served in his/her country’s military (needed only if you are processing abroad).

  While the labor certification is probably the most difficult part of this process, the paperwork and documentation for permanent residence are also rather involved. At the permanent residence application stage, the Immigration Service (or consular office) will be interested in whether the employee has (1) been a member of the Communist Party or similar groups, (2) been arrested or convicted of any crimes, (3) suffered any attacks of insanity, or (4) lied to obtain a visa, worked in the United States without permission, or failed to maintain status in the U.S. (if applicable), etc. Your attorney should go into more details about these as well as other factors that the Immigration Service looks to at the time they open your file. Most people who have been granted labor certification who apply for an immigrant visa outside the

Other Important Issues to be taken into consideration 

The PERM process may affect the immigration status of any employee on many different fronts. The following information is intended to inform you about possible issues that may arise. Note that the list below covers only few issues

. ·        If you are attempting to re-file a pending labor certification under the new “PERM” system, then please keep in mind that the application must be absolutely  identical in all respects, even in the address of proposed employment. If it is not, then the Department of Labor (DOL) will withdraw the earlier priority date and assign a new priority date. 

 o       If the employee is currently in H-1B status, a labor certification must be on file for 365 days before he or she may obtain a 7^th year extension of this H-1B status. If you are attempting to re-file under PERM, and the priority date is lost as mentioned above, then please keep in mind that the employee may not be able to have a 7^th year extension request filed on his or her behalf if the labor certification has not been pending for 365 days or more  by the end of the 6^th year in H-1B status (due to the loss of the priority date).  

o       Similarly, if  the employee had a labor certification filed before April 30, 2001 and plans to adjust his or her status to that of a lawful permanent resident pursuant to Immigration and Nationality Act (INA) Section 245(i), then loss of the priority date as mentioned above may result in his or her inability to adjust her status pursuant to INA § 245(i).  

 ·        Please note that upon approval of the labor certification and filing of the Form I-140 Immigrant Visa Petition, the employee will be required to prove that he or she has the education, experience and skills required by the position. 

 ·        The filing of a labor certification does not lock in the age of the employee’s child. Therefore, if the employee’s child is approaching 21 years of age, they may be able to lock in their age only upon the filing of a Form I-140, which can only be filed after the labor certification application is approved. If the employee’s child is approaching 21 years of age, please contact our office immediately.   ·        Please note that in every case, the employer is required to demonstrate their ability to pay the employee’s salary or wage from the date that the labor certification application was filed. For example, if the labor certification application was filed for an employee in 2005 with an offered salary of $50,000 per year, the employer must show that they had the ability to pay this salary since 2005 and up until the approval of the employee’s application for permanent residence. The employer may prove their ability to pay by showing that 1) their net taxable income as reported on their federal income tax returns has been higher than the salary since the labor certification was filed; 2) their net current assets as reported on their federal income tax returns has been higher than the salary  since the labor certification was filed; or 3) the employer has been paying the employee the proferred wage since the labor certification was filed.   We realize this process is very quite a daunting task and important to you. You need a knowledgeable immigration attorney in assist you in this process. Our office usually assists you at every step of the case to maximize your chance of success. We will do everything possible to make this lengthy process as easy on you as possible. In addition, our office has successfully processed a number of  PERM cases where we have even obtained approvals within 48 hours after submission of the applications. However, you should not expect every case to be approved within this timeline.

On January 6, 2006 the President signed the Violence Against Women Act (VAWA) into law. VAWA is a very powerful piece of legislation that has been successful in protecting abused spouses and children.  Moreover, VAWA has very definite provisions to protect immigrants in abusive relationships from loosing their status in the United States or getting deported from the United States. This article is to be limited in scope and covers briefly VAWA as it pertains to immigration law only.

 Who can use or benefit from VAWA? 

Although VAWA stands for “Violence Against Women Act”, it applies to all spouses including abused men and children. A VAWA petition can be filed in situations where the spouse of the US citizen or Permanent Residence has abused the alien.  Abuses do not always have to be physical.  Abuse can be mental, psychological, physical, or a combination of all the above.  In fact, many abuses are psychological and sometimes leave long lasting scars. For instance, Anita is Married to Ram who is a US citizen. Ram knowing that Anita is alone in the United States and depending on him to obtain a green card takes advantage of Anita. Ram will regularly make insulting comments to Anita. When Anita tries to answer the insult, Ram will be threatening on calling the Immigration Services on her.  Note that Ram never hits Anita or physically abuses Anita. However, Anita is scared and humiliated. She stays in the relationship not only because she fears deportation but also that her family at home will not welcome her back as a divorcee.  As time goes by Anita gets bitter and desperate.  She feels she has no way out of this relationship especially because she will have to leave the United States if she leaves her husband. Anita gets more and more depressed and feels like committing suicide. This example is quite common in South Asian communities even if it might be an extreme example of psychological abuses.  The question is whether Anita can leave her husband, go to a shelter and stay in the US? Well, the short answer is yes provided Anita qualifies for a VAWA self petition.

 What are the requirements to qualify for a VAWA petition? 

In simple terms there are three requirements to prove that you are eligible for a VAWA petition:

1. You had a bona fide marriage, that is, you entered a marriage in good faith with a United States citizen or permanent resident (“green card” holder) spouse ;
2. You were in an abusive relationship; and
3. You are a person of good moral character.

You are highly advised to document every of the above and to contact a licensed attorney who practices immigration law and is familiar with such cases.  Indeed, preparing a VAWA abused case especially if it does not involve physical abuses can be a daunting task. Note that VAWA petitions can be filed during or before removal proceedings (deportations). Our office has successfully processed many of such cases.

 What will happen to a VAWA self petitioner if he/she files such a petition? 

Many abused immigrant are afraid to file such petitions because they think that the abusive spouses are going to hurt them by reporting them to the immigration services when they find out. They are wrong because VAWA has very specific provisions to protect the abused spouses and children legally. First VAWA is a highly confidential matter. Any kind of investigation will be done very discreetly. Second, there are special provisions under the Immigration Laws that prevent information from the abusive spouses and their families to be used against the abused immigrant.  There are few exceptions to this. In fact, it is an offense punishable by fine if an immigration officer crosses lines drawn by VAWA.  Therefore, if you find yourself in a potential VAWA situation you are highly recommended to consult an attorney or an experienced organization which can help you.  Remember you do not have stay in abusive relationship!

 Removal of Conditional Residence based on abusive relationship 

If Anita entered into a marriage obtained a conditional  green card and then starts experiencing abuses, she is also eligible to remove this conditional residence based on the abusive relationship. The removal of conditional residence is removed among other ways by filing the form I-751 and selecting that you are removing the conditional residence based on an abusive relationship.  In this case, the laws under VAWA will apply.

As we have pointed out earlier this article is limited in scope, there are actually other very important issues involved in a VAWA application. You are recommended to contact an experienced immigration attorney to help you with your application.  Should you want more information, feel free to contact our office for a consultation.

Great News - Regarding Visa Bulletin. According to the State Department, it seems that EB1, EB2 and EB3 Employment Based Category are Current for all countries including India, China, and Philipines. Please check the July Visa Bulletin.

. Temporary Visas B-1/B-2 Visitor’s Visas 

Available to visits coming to the U.S. for business or pleasure. B-1 business visitor visas are for a short duration and must not involve local employment. Nationals of certain countries may be eligible to visit the U.S. for up to 90 days without obtaining a visa.

E-1/E-2 Treaty Trader and Investor Visas
Investors and traders and their employees may receive visas to carry on their businesses in the U.S. if their home country has a commercial treaty with the US conferring visa eligibility.

F-1 and M-1 Student Visas
Persons seeking to pursue a full course of study at a school in the United States may be eligible for a visa for the course of their study plus, in some cases, a period for practical training in their field of study.

H-1B Specialty Occupation (Professionals) Visas
Professional workers with at least a bachelor’s degree (or its equivalent work experience) may be eligible for a non-immigrant visa if their employers can demonstrate that they are to be paid at least the prevailing wage for the position.

J-1 and Q-1 Exchange Visitor Visas
Persons coming to the U.S. in an approved exchange program may be eligible for the J-1 Exchange Visitor’s visa. J-1 programs often cover students, short-term scholars, business trainees, teachers, professors and research scholars, specialists, international visitors, government visitors, camp counselors and au pairs. In some cases, participation in a J-1 program will be coupled with the requirement that the beneficiary spend at least two years outside of the U.S. before being permitted to switch to a different non-immigrant visa or to permanent residency.

K-1 Fiancee Visas
A Fiancé (e) of a U.S. citizen is eligible for a non-immigrant visa conditioned on the conclusion of the marriage within 90 days.

L-1 Intracompany Transfer Visas
L-1 visas are available to executives, managers and specialized knowledge employees transferring to their employer’s U.S. affiliate. Executives and managers holding L-1 visas may be eligible for permanent residency without the need for a labor certification.

O-1 Extraordinary Ability Worker Visas
The O-1 category is set aside for foreign nationals with extraordinary ability. This includes entertainers, athletes, scientists, and business persons.

P-1 Artists and Athletes Visas
This category covers athletes, artists and entertainers.

R-1 Religious Worker Visas
Religious workers may be eligible for an R-1 visa. TN Status Under the North American Free Trade Agreement

A special category has been set up for nationals of Canada and Mexico under the provisions of the North American Free Trade Agreement.

 II.    Permanent Residency Visas (”Green Cards”)

       Family Sponsored Immigration

 U.S. citizens may petition for spouses, parents, children and siblings. Permanent residents may petition for spouses and children.

EB-1 Foreign Nationals of Extraordinary Ability, Outstanding Professors and Researchers and Multinational Executives and Managers Individuals in this category can petition for permanent residency without having to go through the time consuming labor certification process.

EB-2 Workers with Advanced Degrees or Exceptional Ability in the Sciences, Arts or Business Visa holders in this category normally must have a job offer and the potential employer must complete the labor certification process. The labor certification involves a testing of the job market to demonstrate that the potential visa holder is not taking a job away from a U.S. worker. In cases where an individual can show that his entry is in the national interest, the job offer and labor certification requirements can be waived. 

EB-3 Skilled Workers and Professionals
Visa holders in this category normally must have a job offer and the potential employer must complete the labor certification process.

EB-4 Special Immigrant Visas for Religious Workers
Ministers of religion are eligible for permanent residency.

EB-5 Investor/Employment Creation Visas
Under the 1990 Immigration Act, Congress has set aside up to 10,000 visas per year for alien investors in new commercial enterprises who create employment for ten individuals.

DV-1 Visas (the “Green Card Lottery”)
55,000 visas are annually allotted in a random drawing to individuals from nations under represented in the total immigrant pool. Refugee and Asylum Applications
Persons with a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion may be eligible to apply for asylum or refugee status in the U.S.

Contact the Law Offices of Attorney Shah Peerally at www.ShahPeerally.com for Free Consultation.

SOMF-1 Visas Foreign nationals may enter the United States as nonimmigrants in order to engage in academic studies and there are two categories for those persons wishing to study in the US. The students, who can range from elementary school students to doctoral students and persons engaged in post-doctoral studies, are classified in the F visa category. A student with an F-1 visa may not accept off-campus employment at any time during the first year of study; however, the U.S. Immigration and Naturalization Service may grant permission to accept off-campus employment after one year. No permission is required for on-campus employment. H1B Visas Aliens coming to the United States to perform services in “specialty occupations” for which the aliens hold the requisite qualifications, as well as alien fashion models of distinguished merit and ability,” are classified as nonimmigrant under Section 101(a)(15)(H)(I)(B) of the INA, 8 U.S.C.Section 1101 (a)(15)(H)(I)(B). The term “specialty occupation” is defined in basically the same manner as “professional” was defined by INS regulation prior to the extensive revision of the H-1B category by the 1990 Act and the 1998 Omnibus Act. Excluded from the H-1B category are entertainers and athletes, who must seek classification in the H-2B, O or P categories. The H-1B category also includes aliens of exceptional merit and ability who will work on cooperative projects under government to government agreements administered by the Secretary of Defense. The new American Competitiveness Act in the Twenty-First Century Act (AC21) raised the number of available H1-B visas (the “cap”) to 195,000 for each fiscal year from 2001 through 2003. In addition to the usual petition requirements applicable to all H-category non-immigrants, the H-1B category has the additional requirement of a labor condition application (LCA) which must be filed with the DOL prior to the filing of a petition with INS. L Visas The L1 visa is a non-immigrant visa which allows companies operating both in the US and abroad to transfer certain classes of employee from its foreign operations to the US operations. The employee must have worked for a subsidiary, parent, affiliate or branch office of your US company outside of the US for at least one year out of the last three years. Employees in this category will be granted an L1 visa, initially for a three year period, extendible to a maximum of 7 years. On completing the maximum allowable period in L1 status, the employee must be employed outside the United States for a minimum of one year before a new application is made for L status. There are two types of employee who may be sponsored for L1 visas: Managers/Executives The legal definition of management and executive roles for these purposes is quite strict, and a detailed description of the duties attached to the position will be required. In particular, the executive or manager should have supervisory responsibility for professional staff and/or for a key function, department or subdivision of the employer. Such personnel are issued an L1A visa, initially for a three year period extendible in 2 year increments to a maximum of 7 years. Specialized knowledge This category covers those with knowledge of the company’s products/services, research, systems, proprietary techniques, management, or procedures. Staff in this category are issued an L1B visa, initially for three years extendible to a maximum of five years. REQUIREMENTS: Overseas Employment: The transferee must have worked abroad for the US Company for a continuous period of one year in the preceding three years Company operating in the US must have employeed the transferee in its overseas branch. US Employment: The transferee must be coming to the United States to fill one of the “Executive/Managerial” position or in a position involving “Specialized Knowledge” and provide proof that they are qualified for the position. The company must be operating in US for at least one year. NOTE: The company must be actively doing business with good track record of revenue. The US company should continue to carry on doing overseas business for the duration of the transferee’s L1 status. Qualifying Relationships between US and Overseas company: Overseas parent company must own at least 50% of a US subsidiary, and have veto powers over the subsidiary’s actions; or US parent company must own must own at least 50% of the overseas subsidiary, and have veto powers over the subsidiary’s actions; or Affiliate US and overseas companies must each be at least 50% owned by the same ultimate parent; or US company with a branch office overseas qualifies, as does a overseas company with a US branch (though this must be more than simply an agent or representative); or A US organization which employs (e.g. sales personnel) overseas can sponsor such employees for L1’s even if there is no overseas office NOTE: the ownership requirements are not as strict in the case of vary large corporations, where a substantial minority shareholding will be a qualifying relationship.

Tips In Choosing An immigration Lawyer in California

Recent news on the setback suffered by an immigration bill that seeks to legalize millions of illegal immigrants in the US among others, has once again placed the spotlight on the existing and potential problems being faced by thousands of people elbowing their way to get a chance to live in the United States.

The US Immigration law has so many blind corners that can presumably work for or against an immigrant. The deciding factor as to what laws will work for or against him is really up to the processes being availed of by the applicant. Prospective immigrants can always get help from the different US immigration agencies as regards their documentation and other requirements. However, it is always a good idea to get an immigration lawyer who is experienced, proven and achieved success.

With several lawyers advertising their services on the web and even offline, how will you know whom to choose for your immigration application? Of course, the best lawyers for immigration cases are lawyers specializing in immigration law. Nothing is better than the experts for a purpose as sensitive and as life-changing as an immigration application.

So how will you know if you are choosing the right immigration lawyer considering that there are over 7,000 immigration lawyers in the US? Here are some tips to doing that:

1. An immigration lawyer that has achieved results.

If you want to hear only the good news then settle for an immigration lawyer who will give you the sun and the moon until you end up with nothing at all. If you want to be given the lowdown of your immigrant status then you better choose an immigration lawyer who is honest and decent enough to give you an objective assessment of your case. This is someone who, knowing what the odds are will be able to suggest new courses of action for your application.

2. Reputation

You can start by getting references from friends who have successfully migrated to the US. Get their feedback on their immigration lawyer and compare that with those given by other clients as well. The fact that your friends have become successful in their immigration bid is already a plus point in hiring that lawyer.

3. Choose an immigration lawyer who is a member of the American Immigration Lawyers Association will most probably have new information and the proper connection on immigration matters. Wile membership to this group does not ipso facto make him qualified in all aspects, you are at least assured that he is legitimate.

4. Cost

Of course, price is always a consideration. Although being approved as an immigrant to the US is priceless for you, you should be very critical when it comes to costs. It would be best if you can get an immigration lawyer who will accept your case on a flat rate basis rather than one who requires a per hour or per appearance fee. However, bear in mind that cheap is not always the best because for all you know, the lawyer may be giving you the lowest rate in town because he is assigning your case to a legal assistant or a paralegal.

5. Trust

While this virtue can seem outdated in the 21^st century, hiring an immigrant lawyer whom you can trust is fundamental. And you can only give your trust to someone you know or you have done research on.

To summarize, immigration lawyers are plentiful in the United States but do your homework and your dream of ultimately becoming a US citizen will become a reality.