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Immigration Law
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Employment Based Immigration

Foreign nationals seeking employment in the US may apply for employment based visas and petitions. Our office can help evaluate if you qualify for a temporary or permanent work visa, present all other possible options based on your employment history and abilities, and ultimately guide you through the process as quickly and effectively as possible.

For clients who seek to obtain permanent legal residence or green cards, we offer representation for the full range of Employment Based visas, including:

EB-1 Priority Workers: Aliens of extraordinary ability in the arts, sciences, business, education, or athletics; outstanding researchers or professors; and foreign executives/managers subject to transfer to the US
EB-2 Persons of Exceptional Ability or Professionals possessing Advanced Degrees: Foreigners possessing exceptional ability in the arts, sciences, or business; foreign nationals that are advanced degree professionals; and qualified foreign doctors who will practice in an underserved area in the U.S.
EB-3 Skilled Workers: Aliens possessing bachelor’s degrees, skilled workers who have had at least 2 years training and experience, and unskilled worker
EB-4 Special Immigrants: Foreign national religious workers; employees or previous employees of the United States Government abroad
EB-5 The Immigrant Investor Visa: Aliens seeking lawful permanent resident based on their investment in a commercial enterprise

For clients who seek a temporary work visa, our firm offers representation for the following short-term visas:

H1-B visa for workers in specialty occupations
L-1 visas for intra-company transfers from overseas to a U.S. affiliate
E-1 treaty trader visas for executive managerial or specialized knowledge positions
E-2 treaty investor visas for executive managerial or specialized knowledge positions
O-1 visas for persons of outstanding abilities at the top of their fields
J-1 for physicians
PERM/Labor Certification

Family Based Immigration

Family-based petitions include those filed by U.S. citizens and permanent residents on behalf of their immediate relatives (e.g., spouses, parents, siblings, and children). Family-based immigrant visas fall into two categories: Immediate Relative and Family Preference. The number of immigrant visas issued to Immediate Relatives of U.S. citizens is unlimited meaning that the beneficiary will receive an immigrant visa shortly after the approval of the petitioner’s I-130.

Family Preference visas which are for relatives of U.S. citizens and legal permanent residents, have annual limitations meaning that a beneficiary will have to wait a considerable amount of time to receive the actual visa even the approval of the I-130.

Spouse of a United States citizen
Parent of a U.S. citizen over the age of 21
Children of a US citizen (though the children must be unmarried and below 21)
Child adopted in or outside of the U.S. by U.S. citizen(s)

The following individuals qualify under the Family Preference classification:

Adult children of U.S. citizens and their minor children
Spouses, children under 18 and unmarried children (over 21) of legal permanent residents (LPRs)
Married children of U.S. citizens, their spouses and children
Siblings of U.S. citizens, their spouses and children (petitioner must be over 21 years old)

Deportation and Removal Proceedings

Though a person may already be in removal proceedings, he or she may nonetheless be eligible to apply for deportation relief. The following are common forms of relief that can help you succeed in your deportation case.

Cancellation of Removal is a form of relief available to permanent residents, nonpermanent residents, and those without status. If the Immigration Court grants cancellation of removal, then the Court terminates the deportation proceeding and allows that individual to live in the United States as a Green Card holder.

Cancellation of removal may be granted for the following individuals:

Persons In The United States Unlawfully- If you have been in the US for 10 years continuously and can demonstrate that your removal would cause a U.S. citizen immediate family member to experience exceptional and extremely unusual hardship, you are eligible for cancellation of removal.
Non-permanent residents- same standard as in number one.
Permanent Residents- If you have been in the United States for at least 7 straight years and were not convicted of a crime within your first five years here, you are eligible for cancellation of removal.

Adjustment of Status

Adjustment of status is also be used as a defense in removal proceedings. If a person is in removal proceedings, he or she may be qualified to remain in the US through an application for a green card by an immediate relative, such as a husband/wife, mother/father, or son/daughter, who is a US citizen. The removable alien must have entered the U.S. lawfully in order to be eligible for such relief. If the application to adjust status is filed in removal proceedings, the Immigration Judge decides whether or not to grant adjustment of status. If the Immigration Judge rules in favor of adjustment, then the status of the alien in removal will be changed to that of a lawful permanent resident and the deportation proceedings will be terminated.

Voluntary Departure

Voluntary departure allows an alien in removal proceedings to depart the United States on his or her own, rather than under a removal order. Thus, there is no ten-year bar preventing the alien from being readmitted into the US. Generally, if one is allowed to voluntarily depart, then he or she can immediately apply for another visa and attempt to reenter the country using a waiver.

Humanitarian

Humanitarian-Based Immigration is concerned with the welfare of the individual and is largely based on the circumstances and conditions in your home country that either caused you to leave or left you in fear to return.

Leonard W. Stitz
P.C.

640 North Tustin Avenue
Suite 107
Santa Ana, California 92705

Email: info@stitzlaw.com

Phone: 714.222.5704