Immigration
MDM Legal, pllc is experienced with helping businesses hire foreign workers in specialty occupations under the H-1B Visa program. Through this program, workers are able to bring their spouses and children with them to live and attend school in the United States. Allow our trusted team to help you obtain a foreign labor certification and prepare a petition on behalf of your foreign workers.
MDM Legal, pllc is experienced with helping businesses hire foreign workers in specialty occupations under the H-1B Visa program. Through this program, workers are able to bring their spouses and children with them to live and attend school in the United States. Allow our trusted team to help you obtain a foreign labor certification and prepare a petition on behalf of your foreign workers.
There are five (5) categories of EB Visas and MDM Legal, pllc is experienced in applying for each category These categories of visas allow workers, some listed below, to obtain a permanent residence, commonly known as a “Green Card”, through employment to live and work permanently in the U.S. Allow us to help your business retain the talent it needs. Call us today or book a consultation!
Workers Eligible for EB Visas
- Workers of Extraordinary Ability
- Outstanding researchers and professors
- Workers with Advanced Degrees
- Skilled Workers and Professionals
- Unskilled Workers
- Religious Workers
- Job-Creating Investors
National Interest Waivers provide an opportunity for noncitizens with exceptional abilities" to receive a Green Card without the need to undergo the labor certification process.
Individuals seeking a national interest waiver must show evidence of an advanced degree or exceptional ability and must also meet three factors that USCIS uses to determine, in its discretion, whether it is in the national interest that USCIS waive the requirement of a job offer, and thus the labor certification.
The three factors USCIS considers for a national interest waiver are whether:
- The person’s proposed endeavor has both substantial merit and national importance;
- The person is well positioned to advance the proposed endeavor; and
- It would be beneficial to the United States to waive the job offer and thus the permanent labor certification requirements.
If you believe you qualify for an NIW, Call us today or book a consultation!
MDM Legal, pllc can help you through the process of filing the I-129F Petition for Alien Fiancé(e) and applying for a K-1 visa to bring over your fiancé(e) for marriage. The K-1 is only a temporary (non-immigrant) visa. The K-1 visa requires you to get married within 90 days of arrival to the United States. If your future spouse has children, we can apply for a K-2 derivative visa so they can join you in the United States.
If you are already married but your spouse is not living with you in the United States, we can help you bring in your spouse and any children on K-3 and K-4 visas respectively.
In addition, MDM Legal, pllc can help U.S. citizens and Lawful Permanent Residents (LPR or “Green Card” holders) unite with their family members in the United States. In some circumstances, we can help you complete the required documents and file them on your behalf so you are able to sponsor adult children, even if married, as well as parents and siblings. We’ll help you determine which family members are eligible for immigration and when in order to build a strong case proving they are eligible and qualified to re-unite with you at the appropriate time in the United States.
MDM Legal, pllc has helped victims of crime and victims of domestic violence or spousal abuse and their children enter or stay in the United States on a U visa, if victims are helpful to law enforcement in the investigation or prosecution of a crime. U visas are temporary, non-immigrant visas, but if eligible, we can help you get a “Green Card” through an adjustment of status. A Green Card allows you to live and work in the U.S. on a more permanent basis.
Victims of crimes outlined in the Violence Against Women Act (VAWA) may be able to obtain Lawful Permanent Resident (LPR) status without the additional step of an adjustment of status proceeding. Contact our experienced team today to schedule a consultation.
A Green Card holder who marries a U.S. citizen can apply for citizenship through naturalization after three (3) years of marriage. If you are currently married to a U.S. Citizen or if you are a U.S. Citizen married to a Green Card holder, reach out to our office for help with the naturalization process for you or your spouse.
Unfortunately, some marriages end in divorce. If your immigration status is conditioned on your marriage, our experienced and trusted team at MDM Legal, pllc can help you explore your divorce options which allow you to remain in the United States, such as through an I-751 Petition to Remove the Conditions of Residency.
Having a “Green Card” (officially known as a Lawful Permanent Resident Card) allows you to live and work permanently in the United States. An expired green card doesn’t mean you’re no longer a Lawful Permanent Resident because, provided you continue to meet all conditions, the status is generally a lifelong privilege. Having an expired Green Card means you need the latest version to prove that you can live and work lawfully in the United States and to re-enter the United States after traveling abroad.
If your 10-year Green Card is expired or expiring within the next 6 months, it’s time to renew it, and we can help you with that process. Some other circumstances that require you to renew or replace your Green Card are listed below:
- Your Green Card is either expired or will expire within the next six months;
- Your previous card was lost, stolen, mutilated, or destroyed;
- You received your card before you were 14, and you have reached your 14th birthday (unless your card expires before your 16th birthday);
- You have been a commuter and are now taking up actual residence in the United States;
- You have been a permanent resident residing in the United States and are now taking up commuter status;
- Your status has been automatically converted to permanent resident status (this includes special agricultural worker applicants who are converting to permanent resident status);
- You have a previous version of the Alien Registration Card (for example, USCIS Form AR-3, Form AR-103 or Form I-151, which are no longer valid to prove your immigration status) and must replace it with a current Green Card;
- Your card contains incorrect information;
- You have legally changed your name or other biographic information on the card since you last received your card; or
- You never received the previous card we issued to you.
MDM Legal, pllc has an experienced team ready to help you naturalize in the United States. Our team is familiar with preparing the N-400 and assisting you in gathering the required documents to be submitted. In addition, we are prepared to navigate any barriers that may attempt to block your path to citizenship.
When an immigration matter is not decided in your favor, or if the judge’s decision is appealed by the United States Citizenship and Immigration Services (USCIS), the MDM Legal, pllc team is experienced in advocating and persuading the Bureau of Immigration Appeals (BIA) that your sought after relief should be granted. If you wish to appeal, you should contact an attorney as soon as possible because the BIA has strict timelines that must be complied with.
If you are ineligible for an immigrant visa or “Green Card” based on one or more of the immigration laws, you may be able to apply for a waiver. The immigrant visa category that you are applying for will determine whether a waiver of inadmissibility is available. The consular officer interviewing you at the U.S. Embassy will tell you if you may apply for a waiver and will provide detailed instructions for how to apply. Our office prepares and files the waiver with an abundance of supporting documents to prove the extreme hardship to your relatives in the United States and argues on various grounds why the waiver of inadmissibility should be granted.
Under former section 212(c) of the Immigration and Nationality Act (“INA”), immigrants who were found guilty of or pleaded guilty to serious crimes before 1997 may be eligible to apply for discretionary relief from inadmissibility or deportation. Give our team a call or book a consultation today to discuss any eligible applicable waivers.
Section 212(h) of the Immigration and Nationality Act (“INA”) authorizes discretionary waivers of certain inadmissible crimes. Unfortunately, it cannot be used to waive drug convictions or conduct, other than a single incident involving possessing a small amount of marijuana.
There are four (4) general circumstances in which a 212h waiver can be requested:
- When denial of admissibility would result in extreme hardship to the immigrant’s spouse, children, or parent who is a U.S. citizen or Green Card holder;
- When the conviction is at least 15 years old or consists solely of prostitution, and the petitioner has been rehabilitated and is not a security threat to the U.S.;
- When the immigrant is a Violence Against Women Act (VAWA) self-petitioner; or
- As a defense in deportation proceedings when used with an application for adjustment of status or to retroactively waive inadmissibility at the time of a prior admission.
Give our team a call or book a consultation today to discuss any eligible applicable waivers.
Under section 212(a)(6)(C)(i) of the INA, an alien who, by fraud or willful misrepresentation of a material fact, seeks to procure, has sought to procure, or has procured a visa, other documentation, or admission into the United States or other benefit provided under the Act, is inadmissible. However, the Attorney General (the immigration service) may waive the application of section 212(a)(6)(C)(i) of the Act in the case of an immigrant who is the spouse, son, or daughter of a United States citizen or of an alien lawfully admitted for permanent residence if it is established to the satisfaction of the Attorney General that the refusal of admission to the United States of the alien would result in extreme hardship to the citizen or lawful resident spouse or parent of the alien.
Give our team a call or book a consultation today to discuss any eligible applicable waivers.
