A non-immigrant visa is one that is temporary in nature. All non-immigrant visas are limited in the length of time they can be issued, except for the E visa which can be renewed indefinitely for the length of time that the underlying business upon which the visa is issued is operational. Most non-immigrant visas are issued for a certain length of time and can be renewed, such as the H-1B visa which can be issued for up to three years and renewed for another three years.

An immigrant visa is one that confers legal permanent residence status. A person who obtains an immigrant visa is entitled to remain in the U.S. indefinitely after entry into the U.S. Legal permanent residence status is generally not revocable unless the person holding that status is convicted of certain crimes (making him/her removable) or he/she causes the visa to become invalid by committing certain acts, such as remaining outside of the country for a lengthy period of time. There is also a “conditional permanent residence” status that is conferred on persons granted permanent residence status through their U.S. citizen spouses who have been married less than two years at the date of obtaining legal residence. Those who have conditional residence must apply to remove the conditions on the residence before the expiration of the conditional period (two years).

Yes, once you are in the United States a non-citizen can change and/or extend their non-immigrant status without leaving the United States if all the requirements are met.

No, engaging in non-tourist activities are strictly prohibited, a violation could result in revocation of your tourist visa and may negatively affect you in the future when applying for a different visa.

Generally, no, but there are specific exceptions, please consult an immigration attorney before engaging in work activities.

Yes, if all requirements are met.

The approval of your brother’s petition is just the first step in the process. An approved I-130 Petition does not grant legal status in the United States, it merely validates your familiar relationship with your brother. To be eligible to adjust your status, amongst other requirements, your brother’s petition must reach its“priority date.” You can monitor the priority date of your petition at the U.S.Department of State visa bulletin. Please be aware, priority dates for siblings maybe up to 10 years or more.

Once an individual has been granted a green card, and if they wish to obtainU.S. citizenship through the naturalization process, there are certain requirements which must be met. You must be a permanent resident for at least5 years and meet all other eligibility requirements, or you have been a permanent resident for 3 years or more and meet all eligibility requirements to file as a spouse of a U.S. citizen. Additionally, You must have been physical present in the U.S., as a green card holder, for at least 50% of the time. You must not be away from the U.S. for any more than one year, and ideally less than six months prior to your citizenship application. You must not have committed a serious crime of moral turpitude.

Permanent residency, obtained through a green card, allows a foreign national to live in work in the United States on a potentially indefinite basis. When a green card is first issued, it is often a temporary green card and is valid for two years.After the first two years, providing you have not been convicted of any criminal activity and have maintained your eligibility status, you can apply for a permanent residence visa which is valid for ten years.

No. If you are granted legal permanent residence status, even if your card expires you are entitled to renew the card at any time. You must complete form I-90 and submit the proper fees and information. Letting your green card expire can cause delays; planning accordingly is always recommended.

This is difficult question, as there is no specific amount. The key is to show that the money you have invested in the company is a sufficient amount for the typeof business. For example, if you wish to establish a company to provide transportation services, and you only invested enough money to purchase one or two vehicles, this may not be enough to satisfy the “substantial investment”requirement.

Yes, but if the change constitutes a "substantial change” you (or your employer)submit an I-129 Petition to USCIS, which serves to alert the agency to this change. The I-129 Petition should include detailed information regarding the new employer, how the new employer qualifies as a treaty investor, and the specific terms and conditions of the new employment. You or your employer will need to include documentation and evidence to substantiate these facts and the appropriate filing fee for Form I-129.

In this situation, you should explore the possibility of applying for the L-1 visa.The L-1 visa is amongst the most common non-immigrant work-related visas. It is available to foreign national executives, managers, and other persons with“specialized knowledge” who have been working for a non-U.S. company and the employer seeks to transfer to a U.S. company. The U.S. company must be the parent company, subsidiary, branch, affiliate, or joint venture partners of the foreign company.

Just as in any area of law, you are not obligated to hire an attorney to assist you with your immigration matter. However, immigration law is very complex and each case is unique in its facts and legal issues involved. Therefore, to be successful more than just basic knowledge of immigration laws is required; you need expertise. Many individuals prefer to hire an attorney to help them even with relatively easy matters to save time and have peace of mind that case is handled properly and professionally. Additionally, it can be difficult to get correct information from the Citizenship and Immigration Service (CIS) because they have limited resources dedicated to understanding your issues and answering your questions accordingly. For these reasons, we urge you to engage services of a competent immigration attorney to assist you with your immigration matter. Please note that notaries are not licensed to practice law in the UnitedStates, their mishandling of your matter could cause you and your family irreparable harm.