FAQ

The EB-1A process is easier when you have an EB-1A lawyer. EB-1A is for candidates who possess superior and extraordinary abilities in the fields of science, art, and education. This is one of the most sought-after categories for visas because it does not require PERM Labor Certification, but it does have an option for Premium Processing and you can self-petition. 

Despite the self-petitioning option, it is still recommended that you work with a lawyer. While this can be the fastest United States immigration process, it can still be time-consuming. 

Additionally, as the EB-1 is so sought-after, is it also very difficult to obtain. The eligibility for this visa includes receiving a major, internationally recognized award or demonstrating criteria such as publishing material about your work in professional journals/trade publications/major media, commanding a high salary compared to others in the field, commercial success in the performing arts, and others. 

While these criteria can appear initially intimidating, they can be overcome through careful planning, the proper collection of evidence, and professional guidance. Over the years, we’ve found that the main key to a successful EB-1A application is to prove both how well you can define your field of specialization as well as the degree to which you have excelled in that field. 

We know exactly what the USCIS looks for in an EB-1A application. So, we can make sure that your petition adheres exactly to that strict criteria. 

Challenging, but by no means impossible. That said, the process is complicated. This employment-based visa is for outstanding researchers and professors. Not only do applicants need to show at least three years of experience in teaching and researching their specified academic field, but they must also prove that they are internationally recognized within that field. 

Beyond that, individuals who qualify on those merits must take a position within an institution of higher education, or university, or a department/institution of a private employer that must employ at least 3 people full-time. 

Here at Rijal Law Firm, we can take an in-depth look at your profile and your eligibility, to properly determine whether the EB-1B classification is your best immigration option. If it is, we’ll prepare a list of supporting documents to ensure your application is processed as quickly and efficiently as possible. That way, we can avoid any RFE notices or any potential obstacles that could delay the process. 

Additionally, we may find that you and yours may be best served by another immigration process. If that’s the case, we can put our experience to work for you ensuring that you immigrate to the United States how you would like. 

Students who wish to continue their education in America may be eligible for F1 visa reinstatement. To be eligible, however, there is much that must be established to the satisfaction of the USCIS (United States Citizenship and Immigration Services). Due to this, it is strongly recommended that you reach out to lawyers experienced with reinstating F1 visas. 

For example, it has to be established that circumstances that were out of your control caused the violation of your status. That could be a serious illness, an injury, or even neglect from your ISS adviser, some kind of natural disaster, and so forth. 

Among other factors, you need to be able to prove that you haven’t repeatedly or willfully violated immigration regulations, nor have you worked unauthorized employment or are otherwise deportable on any ground other than failing to maintain status/overstaying. 

You will also want to file for F1 visa reinstatement as soon as possible, as you cannot have been out of status for more than five months at the time of filing the request. Yes, in some cases, we can demonstrate that failing to file within that five-month period was the result of exceptional circumstances. 

As you can see, this process can be complicated and even fraught. To give yourself the best opportunity to succeed, it’s worth it to reach out to attorneys who have helped many to navigate the reinstatement process. 

If you are a citizen of the United States, it is possible to bring your fiance (fiancee) to America with the intention to marry them. However, the process can be difficult. Here at Rijal Law Firm, we have walked many happy couples through every step of the process, from filing a Form I-129F through successful completion. 

The eligibility standards for the fiance visa (or “K-1 Visa”) are stringent. You have to be an American citizen, you and your fiance have to be legally able to marry in America (any previous marriage must have been previously terminated), and you and your fiance (fiancee) will marry within 90 days of the fiance being admitted to America on a K-1 nonimmigrant visa, among other standards. 

As you might imagine, this requires extensive documentation that must be filed appropriately with any number of governmental agencies, including the USCIS, the DOS, and the CBP (United States Customs and Border Protection). There will be extensive background and security checks on you and your fiance (fiancee) throughout the process, going through your financial activity, security flags, potential criminal history, and more. You and your fiance must have sincere intentions to establish a life together, to have a “bona fide” marriage – and not just to obtain immigration benefits for one party. 

Through the entire journey, we can make it easier for you and your beloved here at Rijal Law Firm. First, we can help you to submit the necessary documents (such as your Form I-129F and others) to establish your relationship beyond any doubt. Then, among other services, we can help in preparation for the embassy visa interview. 

From the moment you prepare your K1 petition for filing all the way through to the time when you and your beloved are about to file your Adjustment of Status and receive a Green card, we can be by your side.

To be eligible for a green card through marriage, the sponsor has to be lawfully married to the beneficiary. This means the person in the United States has to be lawfully married to the person who will be immigrating to the country. Moreover, the sponsor has to actually live in the United States and be able to demonstrate that. 

Additionally, the sponsor must have the means to support their spouse which, in this context, means they have to demonstrate they can support their entire household at 125% of the federal poverty level. 

The sponsor cannot pose any risk of danger to their spouse, nor can they have been convicted of certain offenses against minors. On the subject of crimes, the beneficiary cannot have been convicted of certain serious crimes, have a background that deems them a security risk, nor can they have violated certain immigration rules. 

The process can be arduous and lengthy, but, with an experienced attorney by your side, it is possible for your partner to receive a green card through marriage.

If you’ve been granted TPS, you may be eligible to maintain TPS benefits by re-registering during each re-registration period. 

You can be eligible for this if your country has become temporarily unstable, unsafe, or dangerous. This can be due to war, calamity,  and unrest. As of this writing, some of the countries include Syria, Yemen, Somalia, Nepal, Honduras, and many others. 

To be eligible for TPS, you must be a native citizen of one of those designated countries or someone who doesn’t have a nationality yet was habitually living in the country. Moreover, you have to have been physically present as well as continuously residing in the US since your country’s designation date. 

There are some who may be ineligible for TPS, such as those who have been convicted of a felony, two or more misdemeanors, and other criteria. 

To apply for TPS, you must prepare a package with all of the necessary forms and evidence, as well as a fee/request for the fee waiver. We can help you through every step of the process. That way, you can have the best, most compelling reason for your TPS renewal or initial TPS application.

When you first receive a NOID Notice of Intent to Deny, the most important thing to do is not to panic. It is not a denial. Rather, it is an “intent to deny.” So, you do have time. Specifically, you have 30 days to prepare your response. We strongly recommend that you reach out to an attorney who has extensive experience in dealing with a NOID before sending in your response. 

Before we respond to a NOID, we ensure that every single aspect of the notice is addressed. Then, and only then do we submit the response. This gives you the best possible chance to succeed. As you only have 30 days, we recommend reaching out to an attorney as quickly as possible so as to prepare the best possible response to the NOID on time. 

The U Visa protects victims of certain crimes, who have suffered physical or mental abuse, and are actively providing assistance (or already did so) to government officials and law enforcement for prosecuting criminal activity. 

Those eligible are the victims of qualifying crimes or associated criminal activity, who have suffered to an appreciable degree as a result of the crime, and have agreed to assist law enforcement to the degree it is required with the information you have. Additionally, you have to be admissible to America under USCIS standards. 

Essentially, U Visa Bona Fide Determination can get you out of a dangerous situation by providing assistance to law enforcement. We strongly recommend that you work with experienced attorneys, ones who know this process. 

Unfortunately, due to recently-updated guidelines, some agencies may not want to issue a certification or, alternatively, prosecutors/peace officers may try to take advantage of your assistance. By having an attorney on your side, you’ll have someone that’s always looking out for you and your interest. We can help to communicate and negotiate with both law enforcement officials as well as victims’ advocates when necessary. 
Rijal Law Firm has helped victims with every step of the U Visa Bona Fide Determination process. Whether it’s preparing and submitting the proper affidavits, obtaining certification of assistance to law enforcement, setting up a mental health evaluation, and more, we can navigate you through the process.

You are best off with a lawyer advising you through the entire RFE response process. An RFE (“Request for Evidence”) is exactly that: the USCIS is asking you for more supporting evidence. That supporting evidence will be necessary for the successful approval of your submission. 

Hopefully, it’s something that is easy to acquire: a copy of your passport, marriage license, birth certificate, and so forth. However, some RFEs require much more than that. An entire collection of documents may be necessary to satisfy the request. Lacking any of those documents (or lacking the best argument) will be seen as an unsatisfactory response and make it all the more likely that your petition is rejected.