ABOUT IMMIGRATION
PRACTICE
US immigration and nationality law extremely
complex and fast changing area of law.
The Law Offices of Thomas Hailu is experienced
in handling the various aspects of American
immigration and nationality laws. We
provide consultations to individuals
on immigration law issues and handle
cases at various levels. The most common
difficulty encountered in immigration
processing is due to blunders caused
by being misinformed or, more commonly,
lack of access to pertinent information.
Hence, it is imperative that the applicant
finds the right source of information
and becomes well acquainted with expectations
of the law and its protection.
Accordingly, an attorney that is reliable
and well versed in the current immigration
policies and immigration process becomes
so helpful. The Law Offices of Thomas
Hailu endeavors to keep its clients
well informed; we processes their cases
in an expedited manner, and seek to
earn our clients the full benefit under
the law. Our law firm committed to providing
quality and efficient service. We constantly
monitor developments in immigration
law and offer efficient client communications
and case management.
We have extensive experience in representing
clients in all aspects of immigration
and nationality law before USCIS, the
Immigration Court, the Board of Immigration
Appeals, the Fourth Circuit Court of
Appeals and the Ninth Circuit Court
of Appeals.
EMPLOYEMENT BASED
IMMIGRATION The different categories through
which a foreigner can adjust status
based upon employment are the following:
First Preference:
are considered priority workers. These
include:
Foreign
nationals of extraordinary ability
in the sciences, arts, education,
business or athletics:Must demonstrate such by sustained
national or international acclaim
and whose achievements have been
recognized in the field through
extensive documentation."
Foreign
national that are outstanding
professors or researchers:
Should be recognized internationally
for their outstanding academic
achievements in a particular field.
Foreign
nationals that are managers and
executives subject to international
transfer to the United States:
Some executives and managers of
foreign companies who are transferred
to the U.S. may qualify. A multinational
manager or executive is eligible
for priority worker status if
he or she has been employed outside
the U.S. in the three years preceding
the petition for at least one
year by a firm or corporation
and seeks to enter the U.S to
continue service to that firm
or organization. The employment
must have been outside the United
States in a managerial or executive
capacity and with the same
employer, an affiliate,
or a subsidiary of the
employer.
Second Preference:
include professionals with advanced
degrees or exceptional ability including
advanced degree professionals; qualified
aliens physicians who will practice
medicine in an underserved area in
the US. A petition for a foreign professional
holding an advanced degree may be
filed when the job requires an advanced
degree (beyond the baccalaureate)
and the alien possesses such a degree
or the equivalent. The petition must
include documentation, such as an
official academic record showing that
the alien has a U.S. advanced degree
or a foreign equivalent degree, or
an official academic record showing
that the alien has a U.S. baccalaureate
degree or a foreign equivalent degree
and letters from current or former
employers showing that the alien has
at least 5 years of progressive post-baccalaureate
experience in the specialty. Qualified
alien physicians who will be practicing
medicine in an area of the United
States certified by the Department
of Health and Human Services as underserved
may also qualify for this classification.
Third Preference:
skilled workers, professionals and
other workers, including BA degrees.
EB-3 classification includes:
Aliens with at
least two years of experience
as skilled workers;
Professionals
with a baccalaureate degree; and
Other workers
with less than two years experience,
such as an unskilled worker who
can perform labor for which qualified
workers are not available in the
United States
Fourth Preference:Special
immigrants including religious workers
and employees and former employees
of the US government abroad.
REGISTERED NURSE
GREEN
To immigrate to the US for employment,
a Labor Certification approval is normally
a pre-requisite. However, the U.S. Department
of Labor (DOL) has enlisted occupations
which it has predetermined that there
are an insufficient number of U.S. workers.
Registered nurses are considered
a “Schedule A” employment category and
are exempt from the labor certification
process.
Because of recognized shortage of registered
nurses, the U.S. Department of Labor
(DOL) has exempted nurses from the normal
labor certification process. This means
employers can directly petition for
the employment of prospective nurse
without having to obtain a separate
certification from the DOL.
The Registered/Professional Nurse must
possess:
A full unrestricted
permanent license to practice nursing
in the U.S. state of intended employment.
The nurse must have
received the CGFNS (Commission on
Graduates of Foreign Nursing Schools)
certificate;
or the nurse must
pass the NCLE-RN (National Council
Licensure Examination for Registered
Nurses)
Because of shortages of qualified nurses
presently and because of increasing demand
for nurses in the foreseeable future,
foreign qualified nurses tend to get offers
of employment from health care providers
such as hospitals in the US.
We will assist nurses obtain their green
card, both when the nurses are here in
the US lawfully, or they are outside of
the United States and their application
is processed at the respective consular
office oversees. We can competently assist
you and you employer in preparing and
filing the necessary immigration applications.
If you are a qualified nurse who is considering
immigrating to the US, or a health care
provider who needs professional assistance,
please contact us. We will work with you
closely and will competently guide you
through the complex process whether the
permanent residency applications are pending
in the United States or they are consular
processes.
FAMILY BASED IMMIGRATION
Adjusting status through a family relationship
is usually a two step process. First,
the qualifying family member must submit
a visa petition on behalf of relative
by filing Form I-130, Petition for Alien
Relative. Once the visa petition is
approved by the appropriate BCIS office,
then adjustment application known as
I-485 will be made. The only exception
for this two-step process is when the
beneficiary of the visa petition is
an “immediate relative.” In such cases,
one can concurrently file the I-130
along with the I-485.
A citizen can file a petition for a
spouse, unmarried child under age twenty
one, or parents. These are immediate
relatives. Moreover, a citizen can also
file for an unmarried child of any age
twenty one or above, a married child
of any age, or a brother or sister.
A permanent resident can file a petition
for a spouse, your unmarried child under
age twenty one, you unmarried child
age twenty one or above. A permanent
resident cannot file for married child,
for a parent or siblings.
Relatives obtain visa numbers based
upon the preference category in which
they belong. Immediate relatives of
US citizens, who include parents, spouses,
and unmarried children under the age
of 21, can immediately file for adjustment
without any regard to visa availability.
The preference categories are:
First Preference:
Unmarried, adult sons and daughters
of US citizens.
Second Preference:
Spouses and unmarried sons and daughters
of permanent residents
Third preference:
Married sons and married daughters
of US citizens
Fourth Preference:
Brothers and sisters of US citizens
INTERNATIONAL
ADOPTION
Adopting orphan children from other
countries is a very daunting and complex
task. In addition to locating an orphan
child oversees, adoptive and prospective
adoptive parents have to comply with
a two-tier process.
First, it has to be determined whether
the petitioner qualifies to be an adopter.
For this, the petitioner needs to apply
for advanced processing. This is an
application to determine weather you
qualify to be an adopter. It is possible
and recommendable to file the USCIS
form I-600A (Application for Advance
Processing of Orphan Petition) even
before you have identified the foreign
born child that you want to adopt. As
the second step you have to file USCIS
Form I-600 (Petition to Classify Orphan
as an Immediate Relative) on behalf
of the child.
FREQUENTLY ASKED
QUESTIONS ABOUT ADOPTIONS (CIS)
Who is
considered an Orphan?
Under U.S. immigration law, a
foreign-born child is an orphan
if he or she does not have any
parents because of the death or
disappearance of, abandonment
or desertion by, or separation
or loss from, both parents. A
foreign-born child is also an
orphan if his or her sole or surviving
parent is incapable of providing
care of the child and has, in
writing, irrevocably released
the child for emigration and adoption.
For such a child to gain immigration
benefits, an orphan petition must
be filed before his or her 16th
birthday. An orphan petition may
be filed before the child's 18th
birthday, if the child is a natural
sibling of an orphan or adopted
child, and is adopted with or
after that child, by the same
adoptive parents.
Who is
eligible to file an orphan petition?
A married U.S. citizen and spouse
(no special age) or an unmarried
U.S. citizen at least 25 years
of age may file an orphan petition.
The spouse does not need to be
a U.S. citizen; however, the spouse
must be here legally if living
in the United States. To make
the adoption process faster, you
may apply for advanced processing
before you actually find an orphan
to adopt. An application for advance
processing may be filed by anyone
eligible to file an orphan petition.
An unmarried U.S. citizen may
file an application for advance
processing if the U.S. citizen
is at least 24 years of age and
will be at least 25 when an orphan
petition is filed on behalf of
an actual child and when the child
is adopted.
How Do
I Apply?
The fastest way is to file USCIS
Form I-600A (Application for Advance
Processing of Orphan Petition)
before you identify a foreign-born
child to adopt. This allows the
USCIS to first process the application
that relates to your ability to
provide a proper home environment
and your suitability as a parent.
Then, once a child who meets the
INA's definition of orphan is
identified, you must file USCIS
Form I-600 (Petition to Classify
Orphan as an Immediate Relative)
on behalf of the child.
Should
I do "advance processing"
if I've already identified the
child?
Yes, it is generally advisable
for all prospective adoptive parents
to do advance processing. You
should do advance processing even
if you are traveling to the country
where the child is located and
will file an orphan petition at
an overseas Immigration office
(or at an American consulate or
embassy if there is no Immigration
office in the country). By completing
advance processing, you will ensure
that USCIS has already processed
the application that relates to
your ability to provide a proper
home environment and your suitability
as a parent before you adopt a
child in a foreign country. This
is important, because you will
not be allowed to bring a child
that you have adopted to the United
States if you are found to be
unable to provide that child with
a proper home environment or you
are found unsuitable as a parent.
What kind
of information about myself and
my spouse will I, as the petitioner,
need to provide to the USCIS?
You must provide proof of U.S.
citizenship. If you are married
and living in the United States,
you must provide evidence of your
spouse's U.S. citizenship or lawful
immigration status as well as
proof that you are married and
that any previous marriages ended
legally. You must submit a complete
and current home study within
prescribed time limits. You may
also have to prove that you have
complied with the preadoption
requirements of the state in which
you will live with your adopted
child. You must submit the required
filing fee for your application,
and be aware that each adult member
of the household must be fingerprinted
by the USCIS.
Can I adopt
a foreign-born orphan and bring
him/her to the U.S. without involving
the USCIS?
No, there is no way an orphan
can legally immigrate to the U.S.
without USCIS processing.
IMMIGRATION AND
CRIMES
More often, the collateral effect of
a criminal conviction on a non-citizens’
immigration status might be devastating
than the actual penalty imposed on the
underlying offense. While criminal defense
attorneys are becoming more aware of
the potential consequences of criminal
convictions and sentences on their clients
immigration status, they are nonetheless
clueless how to handle their client’s
matter in such a way that it would not
trigger collateral immigration consequences.
If you are not a citizen of the United
States, we will represent you in your
criminal matter with your immigration
situation in mind.
Short of getting the charge dismissed
or acquittal, it is possible to avoid
possible immigration consequences by
pleading to a nondeportable charge,
have a felony charge reduced to a misdemeanor
or reducing a jail time to less than
a year.
Mr. Hailu practices both criminal and
immigration law and he has an in-depth
understating of what a criminal conviction
might impact on your immigration status.
Should you need assistance in this regard,
please contact our law office.
