Port St. Lucie

Visa Lawyer

The most important stage of anyone’s immigration journey is obtaining a visa.

We spend a lot of our time at the Law Office of Olivia C. Cummings helping our clients apply for both non-immigrant and immigrant visas so that they can visit or reside in the United States.

A visa is a legal document that you receive from the U.S. embassy or consulate in your home country, which allows you to legally enter the U.S. There are many different types of visas that you can apply for, but the most common fall under three categories:

Identifying the right kind of visa based on your immigration interest is the first step toward making your immigration dream a reality.

The most important stage of anyone’s immigration journey is obtaining a visa.

We spend a lot of our time at the Law Office of Olivia C. Cummings helping our clients apply for both non-immigrant and immigrant visas so that they can visit or reside in the United States.

A visa is a legal document that you receive from the U.S. embassy or consulate in your home country, which allows you to legally enter the U.S. There are many different types of visas that you can apply for, but the most common fall under three categories:

Identifying the right kind of visa based on your immigration interest is the first step toward making your immigration dream a reality.

Family-based Immigration Visas

You might be eligible to apply for a visa if you have a qualified family member living in the U.S. as a citizen or a lawful permanent resident (green card holder). Here are the most common familial relationships under which you can apply for a family-based visa:

Immediate relatives of U.S. citizens are given the highest priority.

These can include the following:

  • Spouses of U.S. citizens
  • Parents of U.S. citizens
  • Unmarried children of U.S. citizens who are under 21
Family preference visas are given the next priority.
  • First preference (F1) – unmarried sons and daughters (21 years of age and older) of U.S. citizens;
  • Second preference (F2A) – spouses and children (unmarried and under 21 years of age) of lawful permanent residents;
  • Second preference (F2B) – unmarried sons and daughters (21 years of age and older) of lawful permanent residents;
  • Third preference (F3) – married sons and daughters of U.S. citizens; and
  • Fourth preference (F4) – brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age and older).
Fiancé Visas are another possibility for couples if one of the parties is a U.S. citizen -- if the couple is not yet married.

After filing for the K-1 nonimmigrant fiancé visa and arriving in the U.S., the nonimmigrant fiancé must marry their partner within 90 days. At that point, they may apply for lawful permanent resident status.

Employment-based Immigration Visas

The Immigration and Nationality Act provides 140,000 employment-based and work visas each year. Potential immigrants working in certain professions can obtain sponsorship of their visa application through a qualified U.S.-based employer .

There are five preference categories for employment-based visas to the United States:

1

Employment First Preference (EB-1):

Priority Workers. This includes “Persons of extraordinary ability” in the arts, science, education, business, or athletics; outstanding professors and researchers; and multinational managers and executives.

2

Employment Second Preference (EB-2):

Professionals with Advanced Degrees or Exceptional Ability. This includes professionals holding advanced degrees, or persons of exceptional abilities in the arts, science, or business.

3

Employment Third Preference (EB-3):

Skilled Workers, Professionals, and Unskilled Workers. This includes skilled workers with at least two years of training or experience, professionals with college degrees, or “other” workers for unskilled labor that is not temporary or seasonal.

4

Employment Fourth Preference (EB-4):

Certain Special Immigrants. This includes religious workers, employees of U.S. foreign service posts, translators, former U.S. government employees, and other cases.

5

Employment Fifth Preference (EB-5):

Immigrant Investors. This includes anyone who will invest $500,000 to $1 million in a job-creating enterprise that employs at least 10 full-time U.S. workers.

Academic-based and Student Non-immigrant Visas

There are also visas available for people who want to travel to the U.S. to study or work in academic research. These visas are non-immigrant visas, which means they are temporary and are usually not a path to lawful permanent residence on their own.

  • F-Visa for International Students: These visas are for students who want to study abroad at a U.S. college or university and have been accepted by a qualifying institution already.
  • J Visa for an Exchange Visitor Program: These visas are for people participating in qualifying exchange programs, including students, interns, teachers, and various other professions.
  • M-Visa for a Nonacademic or Vocational Student: These visas are study permits for students who wish to enroll in vocational studies in the U.S. (i.e., flight schools, professional schools, cooking, and other non-academic classes).

Other Visas

While the majority of people immigrating to the U.S. will obtain a visa under one of the above categories, there are other visas available that we can help with.

Here are some examples:

  • Investment visas
  • Business visas
  • Sports visas
  • Tourist visas
  • Investment visas
  • Business visas
  • Sports visas
  • Tourist visas

Case Study

CASE TYPE:

Alien of Extraordinary Ability (EB1-A) Approval

CLIENT:

Indian National from San Jose, CA who works in Tech (he’s worked for companies such as Facebook, Samsung, Qualcomm, etc.)

GOAL:

EB1-A approval

RESULTS:

I had to prove that he was an “Alien of Extraordinary Ability” in order to gain approval for an EB1-A visa (a tough visa to obtain because it does not require employer sponsorship and is reviewed with high scrutiny due to the requirements). The major benefit of this visa, in addition to waiving the employer requirement, is that Indian nationals can usually apply for a green card right away after receiving approval of the petition instead of having to wait 10+ years under other employment-based categories. The client’s qualifications seemed a bit dull at first view, but I felt confident that his petition had potential with good legal writing. I was able to get his application approved in 6 days after submission under Premium Processing with no Request for Additional Evidence (RFE). He and his wife are now able to “skip the wait times” and apply for a green card under his approved EB1-A visa category.

Olivia Cummings helped me with my adjustment of status case. She was so helpful with every question I had. Even during this pandemic, when we had to work remotely on everything, she was attentive to every need I had and respected my situation. She always responded to my questions super quickly and managed to calm me down whenever I felt worried.”

~ Sabrina

Contact Olivia C. Cummings Today

Applying for a U.S. visa doesn’t have to be a stressful experience. With Olivia C. Cummings guiding you, it’s a matter of identifying the right visa for you, and preparing a strong and convincing application package. Contact us today to talk about your case.

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