Privacy Policy

This web site contains general information about our firm and practice areas for use by the general public. None of the information contained on this site is intended as legal advice. The articles and links on our pages should not be considered specific legal advice to you. The information provided is general in nature, and you should consult an attorney regarding your specific needs. You are further notified and advised of the following:

An asylee or refugee is an individual who establishes a well-founded fear of persecution on account of race, religion, nationality, political opinion or membership in a particular group. The difference between an asylee and a refugee is that an asylee is a person applying for such protection within the US, and a refugee is the term used for a person applying for such protection outside the US.

In addition to:
i) proving a well-founded fear on one of the enumerated bases, applicants for asylum should
ii) apply within 1 year of entering the US.

A “well-founded fear,” again, has to be on account of a specific basis of race, religion, nationality, political opinion or membership in a particular group. This basic definition is proven to be difficult to consistently implement, particularly in cases where a person is claiming that their persecution is due to membership in a particular group.

Generally, social group should be somewhat narrowly defined. Another issue within the discussion of “well-founded fear” include the fact that an applicant must prove that the fear is reasonable, and “reasonable” means that there is a reasonable possibility that the person would be persecuted. The US Supreme Court suggests that a 1/10 rule, in that if there is a 10% risk that the applicant will suffer persecution, the fear is well-founded.

While there is a rule requiring asylum applicants to apply within 1 year of entering the US, there are exceptions. Some of these exceptions include changed country conditions and extraordinary circumstances. In the case of changed country conditions, the applicant would have to show that the circumstances have changed in their home country, to the point a claim for asylum would accrue. At the point that the claim accrued, the asylum applicant must apply within a reasonable time. As for extraordinary circumstances leading to delay in filing, such circumstances can include serious illness or disability, which may include PTSD as a result of past harm.

Process of Applying for Asylum or Refugee Status

As previously mentioned, there is a 1 year time limit, but otherwise, there is no annual quota on asylum. There is, however, an annual quota for refugees. An interview is generally scheduled with an asylum officer within 3-6 weeks of applying, a decision is granted 2 weeks from the interview. Cases heard before an asylum officer is called “affirmative asylum” cases. If the case is referred to the immigration judge, the applicant may plead their asylum claim before the judge. Timing of the individual hearing before the judge varies based on the judge’s calendar. Cases heard before a judge is called “defensive asylum” cases.

Benefits of Asylum or Refugee Status

There are many benefits that come with obtaining Asylee or refugee status. At the time the an affirmative asylum application is approved, you will be authorized for employment. In cases where the application is pending 150 days, you may apply for work authorization and receive it as early as 180 days from the time the asylum application had been pending. An asylee or refugee may also apply to bring in immediate relatives to the US as derivatives who may also receive employment authorization.

The most important benefit of asylee or refugee status is that you may independently file for a green card through adjustment of status after being physically present in the US for 1 year since status was granted, and refugees are required to adjust status. It is highly unadvisable to return to the country of persecution at any time before applying for citizenship.

To discuss asylum applications and other alternatives with an experienced California immigration lawyer from Aria Law Group, feel free to contact us or call us at (888) 754-8926.

Family based visas are immigrant visas reserved for relatives of US Citizens and Lawful Permanent Residents (Green Card holders). The two steps in applying for lawful permanent residence in the US (a Green Card) are:

i) not be inadmissible, and
ii) establish eligibility within one of the categories by establishing your relationship to a qualifying relative as either a spouse, child, or parent.

Foreign nationals who are inadmissible include those with certain criminal history, diseases, and those who are likely to be a public charge. A public charge is someone who is dependent on the government. At Aria Law Group our, immigration lawyer assists clients with filing an affidavit of support from the sponsor, or a joint sponsor which allow a foreign national who otherwise has no financial means, to not be considered a public charge.

There are two main classes of relative petitions; “immediate relatives” and “preference relatives.” The difference between immediate relative petitions and preference relative petitions is that preference relatives must wait until their ” is current before they can apply for an entry visa or before they can apply for adjustment of status in cases where they are already lawfully in the United States.

Immediate Relatives are:

a) Spouses of US Citizens;

b) Children (single, under 21) of US Citizens; and

c) Parents of US Citizens (if the US Citizen is 21 and over).

Preference Relatives are:

a) First (FB1) – Unmarried sons and daughters (21 and over) of US Citizens;

b) Second A (FB2A) – Spouses and unmarried children of Lawful Permanent Residents

c) Second B (FB2B) – Unmarried sons and daughters of Lawful Permanent Residents

d) Third (FB3) – Married sons and daughters of US Citizens; and

e) Fourth (FB4) – Brothers and sisters of US Citizens.

We assist Relatives of Family Based Visa Applicants (Derivatives)

When an individual is sponsored, that person might have spouses and children who they would like to bring with them. The term for such persons is “derivatives.” Only preference relatives may include spouses and children as derivatives. So, for example, if a US Citizen sponsors their parent, that parent can’t bring their children with them. On the other hand, if a US Citizen sponsors their sibling, that sibling can bring their children with them.

Specific Eligibility Requirements for a Spouse

In spousal petitions, the marriage must be legal, which means that all prior marriages must have been legally terminated and the marriage must have been legal in the place of marriage. There obviously can be no fraud, which means that you cannot marry just to get the immigration benefit. And there is a 2-year conditional green card in marriages less than 2 years old at the time the beneficiary gets their green card. The condition must be removed by I-751, either by the couple jointly, or in the event of divorce it can be done independently with more proof of bona fide marriage or proof of abuse during the marriage.

To discuss the Family Based visa process and other alternatives with an experienced immigration lawyer, feel free to contact us by email or call us at (888) 754-8926.

The K1 visa classification is specifically for fiance (e) s of US Citizens seeking admission to the US to get married.

To be eligible for a fiancé (e) visa:
1) the petitioner must be a US Citizen
2) both members of the couple must be legally able to marry
3) the foreign national must have intent to marry within 90 days or entering the US
4) they must have personally met within the past two years.

We Can Help get your Fiance into the USA:

Proving that both members are legally able to marry requires evidence that they are both of age, and that any previous marriages were properly terminated. If, for example, the US Citizen spouse married someone overseas and previously brought them to the US then went overseas and unilaterally filed for divorce, such a divorce would not establish that the individual is now legally able to marry.

Also, in first cousin marriages, state laws regarding first cousin marriage may be an obstacle to obtaining a fiancé (e) visa. The general rule is that the immigration service will accept a marriage if it happens in a state or country where the marriage is lawfully recognized.

Intent to marry within 90 days is required, but once the fiancé (e) enters, failure to get married within 90 days does not eliminate the opportunity to later get married and file for adjustment of status, but your K1 Visa status will expire. Of course, to avoid any complications, it is best to abide by the 90 day rule.

As for the requirement of having personally met the fiancé (e) within the past two years, there are exceptions. If the petitioner can prove that there are hardships which make it difficult to have personally met, the requirement of having personally met can be waived. Other exceptions include customary, cultural, or social practices which have restricted meeting before marriage.

Process of Obtaining a K1 Visa

Premium processing, in which the petition will be processed within 15 calendar days, is not available in K1 Visa petitions. The processing time varies. USCIS provides a wait-time schedule.

To discuss K-1 visa petitions and other alternatives with an experienced  immigration lawyer, feel free to contact us by email or call us at (888) 754-8926.

A J1 visa (Exchange Visa) allows foreign nationals to come to the US to participate in a exchange program to promote the sharing of knowledge and skills in education, arts, and sciences.

In summary, to be eligible for a J1 visa (Exchange Visa), you must:

i) be coming to work, study, teach, train, or consult in a specific exchange program approved by the Department of State (DOS) through its Bureau of Education and Cultural Affairs
ii) have been accepted into the program
iii) have enough financial ability to cover expenses in the US
iv) have sufficient knowledge of English to participate in the program.

Process of Obtaining a J-1 Visa

There are no limits set on the number of J1 visas (Exchange Visa) which may be issued every year; therefore one may apply any time of the year. You would apply at the consulate and the visa is usually issued within a month or two from the date the application is submitted.

Benefits and Limitations of J1 Visa (Exchange Visa)

You may enter the US up to 90 days before your authorized program begins. While on J1 visa status, you even study part-time, as long as it does not interfere with your program. J1 visa dependents may also obtain work authorization as long as employment is not used to support the principal J1 visa.

The duration of stay depends on the type of program you will be participating in. For example, many trainees may stay for the duration of the program, plus 18 months of practical training. Teacher programs can last up to 3 years. International cultural exchange visitors can stay for 1 year.

Foreign medical students can stay in their internship/residency for up to 7 years. There is a 30 day grace period. The main drawback in J1 visa is the 2-year home residency requirement. In many J1 visa programs, you must return to your home country for 2 years before you can apply for admission to the US, change status, or apply for a green card.

The home residence requirement may be waived under the following methods:
i) a no objection letter from the foreign national’s home country’s government, (about 5 months to process)

ii) Interested US Government Agency (IGA, which is a U.S. government agency that financially supports your program or has a strong interest in your area of research or study) requesting that the DOS waive the requirement in which the DOS and USCIS must agree, (around 4.5 months to process)

iv) hardship to a US Citizen spouse or child, (around 8 months to process) or

v) a designated state health agency requests a waiver on behalf of doctors who have been offered a full-time position with a medical facility serving areas with a shortage of medical professionals. Waiver procedure and timing to file vary. You should generally apply for a J1 waiver at least 6-12 months before the end of your residency program if you are a physician.

Note that a waiver is generally not available to medical residents or interns who received medical training in the US, and foreign medical graduates sponsored by the Educational Commission for Foreign Medical Graduates can not apply for a waiver based on “no objection.” Medical residents should try for H-1B Visa ideally, unless your program does not sponsor H-1B visas or if you have not passed USMLE Step 3, which is required for H-1B visa issuance

To discuss J-1 visas and other alternatives with our immigration lawyer from Aria Law Group, feel free to contact us or call us at (888) 754-8926.

An F-1 visa allows foreign nationals to come to the US as a full-time academic or language student enrolled in a program leading to a degree or certificate.Note that other non-immigrant visa holders can be students in school, just as long as it does not interfere with their status.

Requirements for an F-1 visa:

i) must be coming to the US as a full-time student in a program which leads to the attainment of a specific vocational or educational objective.
ii) have already been accepted by a school approved by the government.
iii) have sufficient knowledge of English.
iv) demonstrate the financial support needed to complete the studies without having to earn any income.

There are no limits set on the number of F-1 visas which may be issued every year; therefore one may apply any time of the year. You are also not prohibited from taking classes while a change of status to F-1 is pending, although your school may have an internal policy preventing you from taking classes.

Benefits and Limitations of F-1 Visa

While on F-1 status, you may legally work part-time on-campus during the school year, and full-time off-campus during the summer breaks by applying for it. After graduation, you may apply for Optional Practical Training (OPT), to spend 12 months in employment after your studies complete. An additional 17-month extension is available for those whose degree falls under the Science, Technology, Engineering, and Math group.

As far as transfers are concerned, you may transfer from one school to another or switch programs through a simple procedure where USCIS is notified of the change.

Our Role in an F-1 Visa Application

An immigration attorney may be of assistance in preparing a change of status application in the US, but otherwise, the school should be able to assist those who are overseas seeking admission as an F-1 student. No legal assistance would be required for F-1 extensions.

To discuss F-1 visas and other alternatives with our immigration lawyer, please contact us by email or call us at (888) 754-8926.

The B1 and B2 non-immigrant category is classified as B-1 for business visitors and B-2 for tourism visitors.

To be eligible for a visitor visa, you would need:
i) To demonstrate a purpose for your stay in the US.
ii) Prove that your stay will be temporary.

The purpose of your stay can be established with a personal statement and documentation from third parties, which varies depending on whether you are seeking to visit as a business visitor or a tourism visitor.

Anyone seeking admission to the US to visit potential schools should express that they are a prospective student when they apply for the visa so that they may change status to F-1 in the US. If this intent is not expressed, a change of status is likely to be rejected.

Our Immigration Lawyer based in California can help you to prove that you intend to only stay in the US for a temporary period of time, you would have to establish ties to your home country, which would include proof that you have close members of your family in your home country, a job waiting on your return, and property.

Process of Obtaining a B1 Visa/B2 visa

Premium processing, in which the application will be processed within 15 calendar days, is not available in B-1 or B-2 applications. The processing time varies. USCIS provides a wait-time schedule. If an initial visa is sought, the consulate can schedule an appointment for you in short order.

Advantages and Limitations of a B1 Visa/B2 Visa

The B visa can be obtained more quickly at consulates or embassies than any other visa, and are multipurpose. You can eventually get a 10-year B1/B2 visa, instead of a 6 month visa. The department of state instructs consular officers to give applicants the maximum amount of time possible based on reciprocity.

We Can Assist You Applying for Green Card while on a B Visa

It is possible, but of course, you must have had the intent not to immigrate at the time of admission. This is a complicated issue, and varies depending on various circumstances. If an individual is seeking to apply for adjustment of status after admission on a B1 Visa/B2 visa, it is important to seek guidance from an attorney to assess the risks and determine situations where it is safe to apply.

As a general rule of thumb, a visitor should not do anything inconsistent with non-immigrant intent within 60 days as this creates a rebuttable presumption of fraud at the time of admission, and most certainly not less than 30 days since that creates a presumption of fraud.

To discuss B visas and other alternatives with our experienced immigration lawyer, please contact us or call us at (888) 754-8926.

We assist our clients with the following non-employment visas:

B1/B2 Visa – Non-immigrant Visas

F1 Visa – Student Visa

J1 Visa – Exchange Visa

K1 Visa – Fiancé (e) Visa