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Welcome

My name is attorney Michael M. Yalovenko. I would like to welcome you to usvisaresource.com and hope that you will find the information contained on its pages useful.

If you, your family member or somebody you know is faced with an immigration question and realize that you may need assistance, guidance or advice, please consider contacting me as soon as possible.

While filing an immigration application or petition may seem to be a straightforward matter at first – doing it wrong may be disastrous for you or your family member. This is because immigration law is governed by Immigration and Nationality Act-a very complex and voluminous body of law-decisions by United States Federal Courts; decisions by Administrative Appeals Office; decisions by Board of Immigration Appeals; and regulations by several Federal agencies such as Department of State, Department of Labor and last, but not least-United States Citizenship and Immigration Services (USCIS). 

As you may now realize, strategic thinking and comprehensive analysis of your situation is essential prior to applying for an immigration benefit with the United States Government.

While my practice is mostly devoted to the U.S. Immigration and Nationality Law, I also represent buyers, sellers and lenders during real estate transactions.

If you have been wronged by a business or injured in an accident, please call my office to discuss your situation.

A Brief Introduction into the United States Immigration Laws and Procedures

The purpose of this article is to give readers a brief overview of the United States immigration laws.

Mention should be made at the outset that US immigration laws and procedures are extremely complex and require a thorough understanding of not only the legal system, but also a working knowledge of federal government agencies. 

To enter the United States an individual generally requires an immigrant or non-immigrant visa to be issued to him/her and stamped in his or her passport except in cases where the visitor’s native country is a participant in the Visa Waiver Program. (VWP). At this time 27 countries participate in this program which allows citizens of the country- participant to come and stay in the United States for a period of 90 days or less as a visitor for business or pleasure.  The benefit of the program lies in the fact that a prospective traveler to the U.S. can come here almost spontaneously and would not need to travel to a U.S. consular post (embassy or consulate) in his native country to appear for an interview before a consular officer.

This is the list of countries currently participating in the program:
Andorra, Austria, Australia, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom.

Visitors who plan to visit the United States for a longer period of time to engage in the extensive travel or business activities or for medical treatment might consider a different visa category, specifically, (B-1) or (B-2).  A holder of (B-1) visa is permitted to enter the United States temporarily for business, and a holder of (B-2) visa is permitted to enter the United States temporarily for pleasure or medical treatment. Both of these categories are considered non-immigrant visa categories. This means that a (B-1/B-2) visitor may only be admitted for the purpose of engaging in business, travel or medical treatment and not for the purpose of being employed, i.e. labor for hire. Candidates for this visa category must also show that they: a) intend to leave the United States after temporary stay; b) have permission to enter a foreign country at the end of the stay; c) have made adequate financial arrangements to carry out the purpose of the stay and then to depart the United States; d) demonstrate sufficient ties to home country, such as permanent employment, meaningful business or financial connections, close family ties or other commitments that indicate a strong inducement to return abroad. An alien with a (B-1/B-2) visa may extend or change his non-immigrant status provided he or she has not accrued unlawful presence.  If you plan to visit the United States as a student or have a prospective employer, or intend to invest in business venture in this country- other visa categories should be explored.

It is very important that when prospective visitors arrive at a U.S. port of entry and are issued a stamped I-94 card that they do not lose or intentionally discard it since it is a very important document indicating the amount of time a visitor is allowed to stay in this country lawfully. Unauthorized stay in this country may lead to severe consequences such as ineligibility for an immigration benefit in the future, or deportation from the United States.

Persons who are legal permanent residents, (LPRs) or United States Citizens (USCs) may file for an immigration benefit on behalf of their immediate family members.   In other words they can sponsor their relatives for a green card.  For ways to become a green card holder of the United States please click here.

Legal permanent residents who have resided in the United States for 5 years (in some cases this time requirement is reduced) and who otherwise meet the requirements of good moral character provisions of the Immigration and Nationality Act may file a petition for United States Citizenship, form N-400.   

In recent years many applicants for immigration benefits experienced extremely long delays in processing of their petitions. While each case and personal circumstances of the petitioners and beneficiaries of immigration applications are unique there are instances when these delays are the result of administrative mishandling of an applicants case file. Qualified assistance of an immigration counsel would then be necessary to communicate with the USCIS effectively, and to determine whether such delays are justified and whether your case should be brought before Federal Court for review and/or adjudication.

Final note on Immigration Reform. 
At this time no temporary worker program or immigration amnesty is in effect for persons who are in this country illegally. If a person or a business entity communicates with you otherwise they may be engaging in a fraudulent activity.

Should you or your family member require help in preparing an immigration petition or application, or have a question or concern, please do not hesitate to contact our office. 

DISCLAIMER:   No part of this article should be considered as legal advise, nor should anyone rely on any information contained in this article as each person’s circumstances are unique. This article is provided for information purposes only.