U.S. & ROMANIAN IMMIGRATION LAW

NATURALIZATION / U.S. CITIZENSHIP

Assist legal permanent residents to apply for naturalization - the process by which immigrants become U.S. citizens.

We help with every step in the process - from establishing the individual's eligibility, to guiding preparation for the English and civics test and the interview (which takes place at a local office of the U.S. Citizenship and Immigration Service).

There are exceptions and modifications to the requirements for those who qualify as well as accommodations for individuals with disabilities.

WAIVERS:

WAIVER OF GROUNDS OF INADMISSIBILITY (I-601):

• Assist individuals who are not eligible to be admitted to the U.S. as immigrants or to adjust status in the U.S. and certain nonimmigrant applicants who are inadmissible (for reasons such as criminal convictions or immigration fraud) to seek a waiver of the grounds of inadmissibility.
• For certain grounds, you may be approved if you can demonstrate that your qualifying U.S. citizen or legal permanent resident relative (spouse or parent) would experience extreme hardship if you were denied admission.

PROVISIONAL UNLAWFUL PRESENCE WAIVER (I-601A)

• Assist certain immigrant visa applicants who are immediate relatives of U.S. citizens (spouses, children (unmarried and under 21) and parents) to request a provisional waiver of the unlawful presence grounds of inadmissibility (unlawful presence for more than 180 days during a single stay) prior to departing from the U.S. to appear at a U.S. embassy or consulate for an immigrant visa interview.
• The applicant must demonstrate that a U.S. citizen spouse or parent would experience extreme hardship if the applicant were refused admission to the U.S.

WAIVER FOR REAPPLICATION FOR ADMISSION TO U.S. AFTER DEPORTATION OR REMOVAL (I-212):

• Assist an alien who is barred from admission to the U.S. (for example because he was removed from the U.S. as a deportable alien) to apply for readmission by filing a waiver.
• The applicant can submit material on factors which weigh in his favor such as close family ties in the U.S. and evidence of reformation and rehabilitation.

EMPLOYMENT VISAS:

Assist professionals with university degrees, researchers, investors, entertainers, artists, individuals with extraordinary abilities and others to apply for employment based nonimmigrant visas.

SPECIALTY OCCUPATION (H1B)

• Assist qualified aliens to file petitions to perform services in a specialty occupation.
• Prior to employing an H-1B temporary worker, the U.S. employer must first file a Labor Condition Application (LCA) with the Department of Labor (DOL) and then file an H-1B petition with the U.S. Citizenship and Immigration Service (USCIS). The LCA specifies the job, salary, length, and geographic location of employment. The employer must agree to pay the alien the greater of the actual or prevailing wage for the position.

INTRACOMPANY TRANSFEREE EXECUTIVE OR MANAGER (L-1)

• Assist U.S. employers to transfer an executive or manager from one of their affiliated foreign offices to one of their offices in the United States or assist foreign companies which don't yet have an affiliated U.S. office to send an executive or manager to the U.S. with the purpose of establishing one.

EXTRAORDINARY ABILITY VISA (O1A and O1B):

• Assist individuals who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who have a demonstrated record of extraordinary achievement in the motion picture or television industry and have been recognized nationally or internationally for those achievements to apply for visas to be admitted to the U.S. temporarily to work in the area of their extraordinary ability.

RELIGIOUS WORKER VISA (R-1):

• Assist foreign nationals, sponsored by a 501(c) (3) non-profit organization (or an organization which is affiliated with the religious denomination in the U.S.) to work as ministers or in religious occupations or vocations at least part time, to file for R-1 visas.

TREATY TRADER/INVESTOR VISA (E-1 and E-2):

Assist nationals of treaty countries (country with which the United States maintains a treaty of commerce and navigation) interested in investing in a business enterprise in the U.S.

E-1 visa allows a national of a treaty country to be admitted to the U.S. solely to engage in international trade (such as goods, services and international banking) on his own behalf.

E-2 visa allows a national of a treaty country to be admitted to the U.S. when investing a substantial amount of capital in a bona fide U.S. business.

FIANCÉ (E) VISAS (K-1):

Assist U.S. citizens to apply for a K-1 nonimmigrant visa to bring a foreign national fiancé (e) living abroad to the United States to marry.

If you petition for a fiancé (e) visa, you must show, among other things, that you intend to marry within 90 days of your fiancé(e) entering the U.S.

VISITOR VISAS- BUSINESS (B-2) /PLEASURE (B-1):

Assist foreign nationals to apply for visas to temporarily visit the U.S. for business and/or pleasure, or to help extend their stay.

Business visitors (B-1 visa) are only authorized to enter the U.S. for the temporary duration needed to complete a specified business task of a commercial or professional nature.

Pleasure (tourist) visitors (B-2 visa): Travelers from certain countries may be exempt from this requirement. For more information, see the Department of State website. http://travel.state.gov/content/visas/english/visit/visitor.html

STUDENT VISAS (F and M):

Assist foreign individuals to arrange visas in order to study in the U.S.

To enter on an F-1 (academic student) visa or an M-1 visa (vocational student), certain criteria must be met, such as being enrolled as a full-time student and having sufficient funds for self-support during the entire proposed course of study

EXCHANGE VISITOR VISAS (J-1):

Assisting potential exchange visitors (for example, professors, teachers and au pairs) to pursue J-1 visas. Such visas are authorized for those who intend to participate in an approved program for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training.

GREEN CARDS / FAMILY

Assist United States (U.S.) citizens and Legal Permanent Residents (green card holders) to submit family-based visa petitions to sponsor relatives for legal permanent residence status.

S. citizens can sponsor spouses, minor children (under age 21 and unmarried), parents, adult and married children and siblings.

Spouses, minor children and parents of U.S. citizens are in the immediate relative (IR) preference category—which means that they can immediately apply for their green card. The remaining family-based categories are divided into preference categories which determine how long the relative must wait before he can apply for a green card. Each month, the U.S. Department of State issues a Visa Bulletin (http://travel.state.gov/content/visas/english/law-and-policy/bulletin.html) with updated information on the waiting times for individuals in each category.

Legal Permanent Residents can sponsor spouses and unmarried children.

GREEN CARDS / EMPLOYMENT

Assist clients who are eligible in an employment-based (EB) category:

Foreign nationals seeking to immigrate permanently to the U.S.in order to work may pursue permanent status through employment-based immigrant visas. Each EB category has different educational and experiential requirements and limitations.

There are also preference categories for employment-based visas which determine when the foreign national can apply for a green card. The information on waiting times is also listed in the U.S. Department of State Visa Bulletin.

• First preference, EB-1: Priority Workers
  • Extraordinary Abilities- in sciences, arts, education, business or athletics which have been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation.
  • Outstanding Professors or Researchers- recognized internationally as outstanding in a specific academic arena, have three years of experience in teaching or research in the academic area.
  • Multinational Executives and Managers- employed abroad for one year (in last three years) by a firm or corporation or other legal entity or an affiliate or subsidiary and seeks to enter the U.S. to continue to render services to the same employer, or subsidiary or affiliate, in a managerial or executive capacity.
• Second preference, EB-2: Members of the Professions Holding Advanced Degrees or Aliens of Exceptional Ability
  • Members of the professions holding an advanced degree or the equivalent or who because of their exceptional ability in the sciences, arts, or business will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
• Third preference, EB-3: Professionals, Skilled and Other Workers.
  • Professionals- individuals who hold a baccalaureate degree (or foreign university equivalent) and persons who are members of the professions
  • Skilled Workers- individuals with full-time permanent jobs requiring at least 2 years training or work experience.
  • Other Workers includes foreign workers with less than two years of training and work experience.
• Fifth preference, EB-5: Immigrant Investor:
  • Basic program- investors who invest at least $1,000,000 (or in certain circumstances 500,000) in new commercial enterprises that employ at least 10 qualifying U.S. workers full-time within two years of the immigrant investor's admission to the U.S. as a Conditional Permanent Resident, and engage in business through day-to-day management or policy formation.
    If the project is in a Targeted Employment Area (TEA) then the investment amount may be a minimum of $500,000.
  • Regional Center Program- permits investment through regional centers and relaxes the job creation requirements so that jobs may be proven through direct or indirect employment.

REFUGEES / ASYLEES:

Assist individuals who have been admitted to the U.S. as refugees - and have lived in the country for a year - to apply for a green card.
According to the Immigration & Nationality Act (INA), a refugee is a person outside of his or her country of nationality who, because of a "well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion," is unable or unwilling to return to that country and is unable or unwilling to avail him or herself of the protection of that country.

Assist individuals to apply for asylum in the U.S.
An asylee is a person who meets the definition of a refugee in the INA, but who is either physically present in the U.S. or at a land border or port of entry of the U.S. at the time that he seeks refuge.

ADDITIONAL TEMPORARY AND PERMANENT VISAS:

We have also assisted foreign nationals …

• To determine if they're eligible for the DAPA (Deferred Action for Parental Accountability) program, recently announced by President Obama and preparing them to apply.
• Who came to the U.S. before age 16 (and meet several other criteria) to apply for DACA (Deferred Action for Childhood Arrivals).
• Who are under age 21 (and meet several other criteria), to apply for SIJ (Special Immigrant Juvenile status).
• Who are in deportation proceedings yet are eligible for immigration relief which would enable them to remain in the U.S.
• Who are eligible to apply for Temporary Protected Status (TPS).
• Who were victims of abuse to submit Violence Against Women Act (VAWA) self-petitions.
• Who were victims of certain crimes - who cooperate with the police - to file for U visas.
• Who were trafficked to apply for T Visas.
• Who are members of a same-sex couple to pursue immigration benefits.

ROMANIAN IMMIGRATION LAW:

As a Romanian myself, RABC has been well positioned to assist numerous Romanians and Americans with immigration issues related to Romania.

RABC have assisted Romanians to regain Romanian citizenship or to initially establish citizenship and Americans to apply for various types of visas as well as to extend their stay in Romania or to apply for a temporary residence permit.