San Jose Immigration Lawyer

The United States is a kingdom of freedom and a dream land economically and culturally for people all over the world.  Every year, hundreds of thousands of people enter to the United States with the hope of a better life for themselves, their families, and their businesses, but they are facing challenges and barriers on their path to become permanent residents or being citizens.

U.S. immigration law is very complex, and it can be confusing as to how it works. The Immigration and Naturalization Act (INA), the body of law governing current immigration policy, provides for an annual worldwide limit of 675,000 permanent immigrants, with certain exceptions for close family members. Congress and the President determine a separate number for refugee admissions. Immigration to the United States is based upon the following principles: the reunification of families, admitting immigrants with skills that are valuable to the U.S. economy, protecting refugees, and promoting diversity.  It’s a daunting process and a long journey until you become a legal resident or citizen.  There are lots of factors, tasks, paperwork, required documents, and all of these must be accomplished while adhering to the strict timelines.  With the help of a skilled immigration attorney, obstacles can be overcome, dreams can come true.  Our attorneys at The Zhou Law Group has helped hundreds of individuals find peace of mind and security by stabilizing their legal status or eventually become the US green card holders and citizens of the country.

We are a full-service immigration firm offering a comprehensive list of services designed to assist you in your immigration goals or problems.  For those seeking to join U.S. companies and employers, we guide you through the process of seeking temporary or permanent employment-based visas. Others are building families either through marriage or reconnecting with parents, children or siblings and need to explore various family and relative-based options. There are many other ways of entry into the U.S., and we are dedicated to finding the right solution for each unique client in a cost effective and time efficient manner.  We represent clients throughout northern California as well as worldwide and including but not limited to those of Chinese, Jamaica, Korean, and Hispanic heritage. Our highly skilled attorneys can help you in obtaining your goals in both your family matters and business needs no matter you’re hoping to reunite with a significant other or immigrate your family to the U.S.  We’re fully equipped and ready to combat all the immigration obstacles that stand in your way to get you and your families situated.

Nonimmigrant Visas:

Visitor for Business/Pleasure (B-1/B-2) – This visa is for persons desiring to enter the US temporarily for business or pleasure.

Student (F-1) – This category includes academic students in colleges, universities, seminaries, conservatories, academic high schools, other academic institutions, and in language training.

Training/Student (J-1) – This visa category is for persons coming to participate in exchange visitor programs in the United States.

Fiancee (K-1) – This visa is for persons coming to the United States to marry U.S. citizens and reside in the U.S.

Extraordinary Ability – The O-1 Visa is for people or persons of “extraordinary” ability in the sciences, arts, education, business or athletics.

Entertainers – The P-1 visa is for members of entertainment groups.

Artistic Exchange – The P-2 visa is for entertainers that are a part of reciprocal international exchanges.

Culturally Unique Artists – The P-3 visa is for performers in culturally unique programs.

Religious Worker – The R-1 classification applies to a religious worker.

Visa Waiver Program – The Visa Waiver Program (VWP) enables citizens of participating countries to travel to the U.S. for tourism or business for 90 days or less without obtaining a U.S. visa.

In additional, the United States provides various ways for immigrants with valuable skills to come to the United States on either a permanent or a temporary basis. There are more than 20 types of visas for temporary nonimmigrant workers. These include

  • E-1 and E-2 Treaty Trader and Investor visas
  • H-1B Specialty Occupation (professional) visas
  • L-1 Intra-Company Transfer visas
  • TN Status Under the North American Free Trade Agreement

 

Many of the temporary worker categories are for highly skilled workers, and immigrants with a temporary work visa are normally sponsored by a specific employer for a specific job offer. Many of the temporary visa categories have numerical limitations as well. The U.S. Citizenship and Immigration Services (USCIS) website contains a more complete list of temporary worker categories.

For those who are facing inadmissibility or deportability issues, The Zhou Law Group also offers wide range service covering your needs, including but not limited to:

Asylum — If you came to the United States because you have suffered persecution or fear that you will suffer persecution.

I-601A waivers — Provisional waivers are available for immediate relatives of a U.S. citizen to apply for a waiver of inadmissibility in the United States before they have to leave the country for their interview in their home country. Usually provisional waivers must be supported by evidence of extreme hardship for the applicant.

I-601 waivers — If you are inadmissible to the United States and are seeking an immigrant visa, adjustment of status, certain nonimmigrant statuses or certain other immigration benefits, you must file this form to seek a waiver of certain grounds of inadmissibility.

 

Family Based Immigration:

When you meet with us the first time for your family based immigration, we will talk through with you in regards to your situation and find out the best path that fits your case to citizenship or residency in the United States. Some of the permanent residency, commonly called green card services we provide include but not limited to:

  • I-130 petitions— I-130 petitions are special immigrations petitions available to immediate family members of U.S. citizens.
  • N-400— This is the citizenship/naturalization process to become a U.S. citizen.
  • I-129F and K-1 visas— Applications for fiancé(e)s are heavily scrutinized (non-immigrant visa.)
  • I-485 adjustment of status petitions — Special applications such as I-485 petitions enable individuals who hold green cards or other temporary visas to apply for permanent residency.

 

EB-5 Program

If you are a business, corporation, holding company, joint venture, or even a sole proprietor you may be able to obtain a green card by investing money in the United States. The Immigrant Investor Program, also known as EB-5, created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. The Immigrant Investor Program, also known as “EB-5,” has become an increasingly important source of investment for development projects in the United States, attracting billions of dollars to the U.S. economy and creating tens of thousands of jobs in the United States.

 

How Does the EB-5 Program Work?

–The EB-5 program is currently the only visa program designed to allow foreign investors to gain permanent residence (a “green card”) in the United States. It requires a minimum investment of $1 million, or $500,000, if the investment is in a rural or targeted high unemployment area where unemployment is 150% of the national average. The investment also must result in the creation of at least 10 jobs.

–There are 10,000 EB-5 visas available each Fiscal Year (FY).

–To qualify for the EB-5 program, immigrants can invest directly in a job-creating business, or can invest through regional centers approved by USCIS to promote economic growth in designated areas.

–If the investor’s initial application is approved, the investor can apply for conditional residence in the United States. Once approved, the conditional residence lasts two years. After two years, the investor can apply to have the conditions removed and have the conditional residency made permanent, but only if the investment has resulted in the creation of a minimum of 10 jobs, as required.

 

Removal / Deportation process

  • What is Removal/ Deportation?
    • Removal (previously called Deportation) occurs when the United States government determines that a foreign-born individual should no longer be in the United States, and legally removes that person from the United States.
  • Reasons for Deportation or Exclusion
    • Because staying in the United States is a privilege and not a right for non-citizens, the United States government can force an individual to return to his or her home country for a number of reasons, such as:
      • Committing fraud or misrepresenting a material fact in order to get a visa, green card, etc.
      • Convicted of a narcotics crime. Note: possessing a very small amount of marijuana may fall into an exception to this rule.
      • Convicted of murder, illegal trafficking of firearms, money laundering, or crime of violence that carried a sentence of 5 or more years. Attempt or conspiracy to commit these crimes is also grounds for deportation.
  • Stopping Removal/ Deportation
    • If you have been served with an order for deportation proceedings, you still may be able to stay in the United States. There are several different ways you can seek relief from deportation. Some methods for relief from deportation include:
      • Suspend deportation – A deportable alien must fulfill the following criteria to suspend deportation:
      • The alien must be continuously and physically present in the United States for at least seven years
      • The alien must be of good moral character
      • Religion
      • The alien must show that if deported, this would cause extreme hardship
  • Asylum – Asylum may be granted to individuals who have been persecuted or who fear future persecution in the home country because of:
    • Race
    • Nationality
    • Religion
    • Political belief or opinion
    • Membership in a certain social group
  • Withholding of deportation – Withholding of deportation can occur for reasons similar to granting asylum. Unlike individuals granted asylum, however, an individual granted a withholding of deportation cannot apply for permanent residence and can be deported to a different country than the home country.
  • Voluntary departure – Voluntary departure is usually granted by an immigration judge after an order of deportation for an individual who seeks to leave voluntarily in lieu of forced deportation.
  • Other methods – Check with us to discuss the possible methods appropriate for your situation.

 

Application for immigrant visa

Our clients benefit from our depth and breadth of experience, our innovative legal strategies and our attentive personal service. We are here for you from the first time we meet you until your matter is entirely closely with your satisfaction.  Our best approach is that we do everything in our power to settle your case without having to go to trial in order to minimize the cost and shorten the length of time.  We’re dedicated and committed to helping you, your family and your business in achieving your goals.  Please come meet with attorneys and our team.