Ray Estolano Attorney at Law
Home About Immigration Questions Law Questions Free Consultation Location Directions
 Immigration Questions

1. Will there be a new amnesty?
2. Why does it take so long to immigrate to the United States?
3. How do I qualify for a visa?
4. I am in deportation proceedings, how can I best protect my rights?
5. How can I immigrate my family?
6. My lawyer won’t return my calls. Should I change my legal representation?
7. Types of Non-immigrant Visas Available
8. How to become a US Citizen under the immigration laws
9. How to visit the United States with a visa

 

 1. Will there be a new amnesty?

My aunt came over during the amnesty in the 80’s. There was another limited amnesty later in the 90s. Now, people wonder when the next amnesty will be. There is no way to know with certainty if amnesty is coming and what it will look like.

However, it is very possible that we will have a new amnesty as both Bush and Kerry have talked a great deal about immigration reform. There also seems to be a great deal of public support for an amnesty.
We won’t know the details of the amnesty until it passes, but in the mean time I recommend holding on to all the paperwork that can prove your residency- paycheck stubs, utiltity bills and similar items.

 

 2. Why does it take so long to immigrate to the United States?

We are a country of immigrants, but many of our politicians aren’t happy accommodating people from other countries and cultures. As a result, there are caps for many categories of immigrants. Additionally, many people wish to come to the United States.

However, depending on your situation, sometimes there are ways to qualify for categories that are faster. Immigration Law is a complicated field and having the right attorney came help you navigate the laws more effecitively.
Feel free to schedule a free consultation and we’ll look at your specific situation.


 3. How do I qualify for a visa?

There are many different types of visas available to people who want to come to the United States. There are almost as many visas as there are reasons to come to the United States.

Examples of common visas include: a visitor for pleasure, a fiancée visa, an investor in the United States, employment visas, media visas and the list goes on.

A Diplomats
B Visitor for Business or Pleasure
C Alien in transit
D Ship or Aircraft crew member
E Treaty-trader (someone coming to invest in the United States
F Student visa
G Government representative
H Temporary worker
I Media
J Exchange visitor
K Fiance of United States Citizen
L Intercompany transfer
M Vocation student
N Relatives of Internation Organization Employees
O Individuals of extraordinary ability
P Artist/Athlete/Performer
Q Cultural Exchange Program
R Religious worker

Feel free to schedule an appointment or a phone consultation to talk further about your options for a visa.


 4. I am in deportation proceedings, how can I best protect my rights?

To protect your rights in immigration proceedings, you need a lawyer that knows the latest developments in the law. Court cases come down every week that change the playing field and possibly the results in your immigration case. You need to know about these changes in the law.

At the minimum, you need to understand what the defenses that you have to deportation. Asserting the wrong defense (like asylum if you don’t have a legitimate claim) can affect your ability to immigrate for a lifetime.

What you really need is aggressive legal representation from an attorney that cares about your rights.


 5. How can I immigrate my family?

There are many issues that come up with family immigration. At a simple level, family immigration is about filing a well documented petition for your family and waiting. At a more advanced level, it’s about analyzing the issues that could slow down or bar your family members from coming to the United States.

For instance, if your family members have been in the United States illegally, they may be subject to a bar to their admission which could delay your application for years. Criminal convictions can be a bar as well. However, there are options that can be explored in these areas. There may be waivers available.

The important thing is to know the applicable laws and to be organized in your family application.


 6. My lawyer won’t return my calls. Should I change my legal representation?

The choice of a lawyer is critical to a successful result in your case. Unfortunately, once your have hired the wrong lawyer, there are serious financial questions to consider as well. It may be difficult to afford to hire a new lawyer to take over. In these situations, I often recommend having an honest and straight forward talk with the lawyer representing you. Ask his office when the best time to reach him would be. Tell him that you are thinking of changing to another lawyer and listen to what he tells you.


 7. Types of Non-immigrant Visas Available (not a full list)

A Diplomats & their dependents (A-1), other government officials or employees & their dependents (A-2); attendants, servants and personal employees or close relatives (A-3).

B Visitor for business (B-1) or pleasure (B-2).

C Alien in transit (C-1); in transit to United Nations Headquarters (C-2) or government official in transit (C-3).

D Crew member

E Treaty-trader (E-1) or Treaty-investor (E-2) & dependents.

F Student (F-1) & dependents (F-2).

G Government representative to international organization.

H Temporary worker as a nurse (H-1A), in a specialty occupation (H-1B), as a temporary agricultural worker (H-2A), or as a trainee (H-3); and dependents to all the above (H-4).

I Media.

J Exchange visitor (J-1) and dependents (J-2).

K Fiancé of U.S. citizen living abroad (K-1) and children (K-2); spouse of U.S. citizen living abroad (K-3) and children (K-4).

L Intracompany transferee visa for executives (L-1A), managers (L-1A) and specialized knowledge workers (L-1B), and their dependents (L-2).

M Student in vocational program (M-1) & dependents (M-2).

N Relatives of employees of International Organizations.

O Individuals of extraordinary ability in certain areas (O-1), accompanying member (O-2), & dependents (O-3).

P Artist/athlete/performer of international recognition (P-1), in reciprocal exchange program (P-2), or culturally unique (P-3), & dependents (P-4).

Q Participant in international cultural exchange program (Q-1); Irish Peace Process Program Participant (Q-2).

R Religious worker (R-1) & dependents (R-2).

S People who provide information or other assistance to U.S. law enforcement agencies.

T Human trafficking victims who cooperate with law enforcement in the investigation or prosecution of human trafficking.

TN Professionals (TN) and their dependents (TD) under NAFTA.

U Victims of criminal activities such as rape, torture, trafficking, domestic violence, prostitution, etc.

V Spouse (V-1) and unmarried children (V-2 or V-3) of permanent residents who have been waiting (either in the U.S. or outside the U.S.) for permanent residence for three years or more under the family based second preference classification who filed by December 21, 2000.


  8. How to become a US Citizen under the immigration laws

For a permanent resident, becoming a citizen is a big step. My father became a citizen fairly recently after decades of permanent residence. The initial requirement are as follows:

1) Must be a resident continuously for five years (This can be three years if married to a citizen)

2) Must be physically present in the U.S. for at least one-half of the five years with no absence of a year or more

3) Must have good moral character (Be very careful about applying for citizenship if you have any convictions)

4) Must demonstrate a knowledge of English and Civic (with certain exceptions)


 9. How to visit the United States with a visa

A B-2 visa allows a person to visit the United States temporarily for pleasure. This can include tourism, amusement, visits with friends or relatives and medical treatment under certain circumstances.

Unfortunately, a B-2 visa does not allow someone to come to the United States for the purpose of study or working.

In order to obtain a B-2 visa, an applicant is required to complete a DS-156 Nonimmigrant Visa Application Form An interview follows with a counsular officer. The consular officer must be satisfied that the applicant intends to return to his country. It is recommended to prepare a well documented packet for the interview to demonstrate ties to the home country.


Contact us for a same day appointment!
737 3rd Avenue Suite B Chula Vista, CA 91910
Phone: (619) 422-7722
E-mail: ray@micamica.com

© Copyright 2005 Ray Estolano, ESQ.
All Rights Reserved.