Determining Which Type Of Immigration Visa You Need
Semita Legalis, LLC offers professional, goal-focused legal representation to clients seeking non-immigrant visas to work, visit or come to the United States for a particular purpose, and immigrant visas for people who want to permanently reside in the United States.
AtSemita Legalis, LLC, we view immigration as a collaborative effort. We help our clients reach their goals, explain every step in the case, and give our clients our best legal advice so they can make informed decisions. In return, we ask our clients to give us as much information as possible, even when it means re-living a difficult situation or taking a risk. Information our clients share with us is confidential, and we work hard to earn our clients’ trust.
For lead attorney David Breon, immigration is personal. He previously lived in Spain and Ecuador, is married to an Ecuadorian, and has a son with dual citizenship. David speaks Spanish fluently – habla español con fluidez – and understands the struggles facing people who need to regularize their immigration status, and the strain that can be caused by being separated from loved ones abroad.
Although any immigration law matter that requires in-person court appearances is limited to the United States Kansas City immigration court, we offer many immigration services (e.g., bond hearings or Hague Convention cases) regardless of location. Moreover, because Semita Legalis, LLC is primarily a virtual law firm, we offer online or telephonic meetings to better fit our clients’ schedules. If you would like to set up a meeting online or over the phone, we can help.
A nonimmigrant visa is appropriate for a foreign national who seeks to enter the United States on a temporary basis for a specific purpose, such as tourism, business, temporary work, medical treatment, or cultural exchange.
Ordinarily, the applicant must apply directly to the U.S. embassy or consulate in their home country; however, some nonimmigrant visas require pre-authorization through the Department of Labor or United States Citizenship and Immigration Services (USCIS) before submission of the application. The issuance of a visa does not guarantee entry into the United States, but merely indicates that a U.S. consular officer has reviewed the application and determined that the applicant is eligible to enter the United States for the stated purpose. When the applicant arrives at a U.S. port-of-entry, a Customs and Border Patrol (CBP) Officer will conduct an inspection to determine whether the applicant is eligible for admission to the United States. Family-based and employment-based visas are the most common nonimmigrant visas issued.
There are many different types of employment-based visas, and each one has specific requirements based on the type of position, duration of employment, and more. In most cases, an applicant for an employment-based visa must have a specific offer of employment from an employer or sponsor.
Foreign nationals generally need to apply for an employment-based visa through a consulate abroad. Foreign nationals who are already in the United States may be able to change to an employment-based status with the support of their employer.
Common employment-based nonimmigrant visa statuses include:
- Business (B-1)
- Specialty Occupation Requiring Highly Specialized Knowledge (H-1B)
- Temporary Agricultural Worker (H-2A)
- Seasonal Worker (H-2B)
- Intra-company transfer (L-1)
- Exchange visitors (J-1)
- Extraordinary ability in the arts, sciences, education, business, or athletics (O)
- Performers and athletes (P-1, P-2, and P-3)
- Religious Worker (R)
Nonemployment And Student Visas
If you are a foreign national who plans to enter the United States temporarily for pleasure or non-employment-based business, for medical treatment, or as part of a student or cultural exchange, you will need a visitor visa.
Common non-employment and student visas include:
- Tourism (B-2)
- Student (F)
- Exchange Visitor (J)
- International Cultural Exchange (Q)
- Spouse/child of Lawful Permanent Resident (V)
- Medical Treatment (B-2)
- Victim of Criminal Activity (U)
- Victim of Human Trafficking (T)
- Foreign Military Personnel Stationed in the U.S. (A-2 or NATO1-6)
If you are already in the United States, Semita Legalis, LLC can provide assistance in obtaining a change of status or visa extension.
A foreign national who wishes to permanently live and work in the United States must obtain an immigration visa. Ordinarily, a relative or employer sponsors the soliciting immigrant by filing an application with the USCIS. The application is sent to the appropriate U.S. Embassy or Consulate for processing and potential issuance of the immigrant visa. The foreign national must appear at a U.S. port-of-entry before the expiration of the immigrant visa, and may become a lawful permanent resident only after the CBP Officer has reviewed and endorsed the immigrant’s visa and accompanying documents.
Some of the most common immigrant visas include:
- Spouse of U.S. Citizen (IR1/CR1)
- Fiancé[e] to Marry U.S. Citizen (K-1)
- Certain Family Members of U.S. Citizen (IR2/CR1/IR5/F1/F3/F4)
- Certain Family Members of Lawful Permanent Residents (F2A/F2B)
- Intercountry Adoption of Orphan Children by U.S. Citizen (IR3/IH3/IR4/IH4)
- Professional Holding Advanced Degree (E2)
- Skilled Worker or Professional (E3)
- Religious Worker (SD/SR)
- Diversity Immigrant Visa (DV)
Semita Legalis, LLC: Professional Guidance For Your Legal Journey
Semita Legalis, LLC provides helpful legal counsel, committed advocacy, and fair rates as we help clients who are seeking a visa to come to the United States.