How To Find Immigration Lawyer in Fresno – Page 5

ByStaff

Attorney, California, Citizenship, Criminal Record, Fresno, Good Moral Character, Immigration, immigration attorney, Immigration Lawyer, Jail Time, Merced, Naturalization, Prison, Record, Traffic Violations, Tulare, United States, Uscis

Good Moral Character: Does it Apply to You?

If you have been researching immigration laws, you might have come across the terms “good moral character”. Many avenues of applying for citizenship require that the applicant be of good moral character. In fact, the naturalization process requires this of all applicants. The concept of good character is ambiguous and confusing for many people who are hoping to become U.S. citizens. At the Law Offices of Phillip Kim, we have had many clients approach us with questions about their moral character and whether it will prevent them from becoming citizens. We’ve written this article to clear the air on what it means to have good moral character.

First and foremost, U.S. Citizenship and Immigration Services (USCIS) will look at your criminal record. Certain crimes will result in barring you from becoming a U.S. citizen. These crimes include murder and aggravated felonies. Other less serious offenses might result in a short-term ban. During this time, the applicant will not be eligible for citizenship. Form N-400 is the form used to apply for U.S. citizenship. The form asks many questions about your criminal background. We urge you to respond truthfully and do not omit any criminal charges that were filed against you, even if they are no longer on record or expunged. If USCIS finds out about an issue from your past, you can be denied. Even minor events should be reported.

If you fall into the category of those who have a criminal record, you will need to send a copy of all documents pertaining to your case. For most, these documents include arrest warrants, reports, and court documents. You may also want to consider sending statements or examples of evidence that show your side of the story.

Some clients worry about traffic violations. You do not need to send documents for a traffic incident unless alcohol or drugs were involved. If a traffic violation resulted in an arrest, you will not need to send documents if the penalty involved points on your driver’s license or you were only forced to pay a fine less than $500.

An important note to keep in mind is that some serious crimes come with equally serious consequences. You can be removed (deported) for those crimes. In these cases, USCIS suggests that you seek the assistance of an immigration attorney.

While your criminal record is the primary tool used to determine whether or not you have good moral character, another factor will also jeopardize your plan of becoming a U.S. citizen: lying during interviews. Even if you get away with lying during an interview, if USCIS finds out that you lied later on, your citizenship can be taken away.

In addition, certain specific acts may classify you as someone who does not have good moral character. These include but are not limited to:

Failure to pay child support
Illegal activities such as prostitution or polygamy
Crimes that involve fraud
Crimes against the government
Being in jail or another institution for 180 days or more during the past 5 years (3 years if you are applying through marriage with a U.S. citizen)

For more information about good moral character, contact Attorney Phillip Kim.

ByStaff

California, Citizenship, Citizenship Application, Clovis, Consular Processing, Family, Family Immigration Process, Fresno, Green Card, I-130, I-485, Immediate Relative, immigration attorney, Immigration Lawyer, Merced, Permanent Residency, Permanent Resident, Tulare

Immediate Relative of a U.S. Citizen? How You can Apply for a Green Card

One of the most popular ways of becoming a U.S. citizen is through an immediate family member. When it comes to applying for a visa, immediate relatives are given top priority.

There are an unlimited number of visas available for family members. So, if you are an immediate relative of a U.S. citizen, you will not need to be waitlisted until a visa number becomes available. Usually, a visa should be available right away.

You are designated as an immediate relative if you are the spouse, child, or parent of a U.S. citizen. As a child, you must be under the age of 21 and unmarried. If you are applying as the parent, the U.S. citizen must be at least 21 years of age.

You may apply for a green card either while you are in the U.S. or while you are abroad.

If you are currently in the U.S., you can complete the application process in one step: you file an I-485 and your U.S. citizen relative petitions with Form I-130. This must be done at the same time. Filing forms can be complicated, and one mistake could result in a rejection of your request. It is recommended that you seek the assistance of an attorney who is specialized in immigration to help you file these forms.

Sometimes, the petitioner (the U.S. citizen you are related to) files the I-130 early. In this case, you can still file an I-485 as long as the petitioner’s request has not been rejected. When you receive a Notice of Action that tells you that the I-130 has been approved, you can submit from I-485. You will have to include a copy of the receipt or approval notice.

If you are not currently in the U.S., but are an immediate relative of a U.S. citizen, you have a different process to go through. First, the U.S. citizen must file form I-130 and it must be approved by USCIS. When USCIS approves of the petition, you must wait until they notify you that you are eligible to apply for a visa. When a visa is available, it will be issued to you. Once you have your visa, you can travel with it and you will become a U.S. permanent resident when you enter the U.S. If you fail to apply for a visa within one year after the Department of State has told you that you are eligible, your petition could be terminated. This entire process is known as consular processing.

Some conditions make it difficult for you to apply for a visa or green card through an immediate relative. In immigration, good timing makes all the difference. If you are applying as a child of a U.S. citizen, you must apply before you reach the age of 21. Once you pass that age, you will be moved into a different visa preference category that will make it more difficult to apply through a U.S. citizen parent. A visa may not be available to you immediately, and this will cause a delay in adjusting your status or processing your request for a green card. So, it’s important to begin the visa application process as early as possible.
On the same note, sometimes it is possible for a person to pass the age of 21 and still legally be called a “child”. Under the Child Status Protection Act, it is possible that USCIS will determine your age based on the date your parent files the I-130 for you. For example, if a parent files the form while the child is 20 years old, it may be possible to request that the child’s age be determined by that date.

Another factor that will make the immigration process lengthier and sometimes impossible is marriage. If you are under the age of 21, applying for a green card through a U.S. citizen parent, and married, then you no longer fall in the category of “immediate relative”. This means that your status will change from top priority for a visa to third priority, and a visa will not be available for you right away. It is important to keep USCIS updated on any change in your marital status after the I-130 has been filed and before you receive a visa or permanent status.

Finally, some situations we have come across specifically include:

A spouse has entered the U.S. with a different type of visa (sometimes a student visa or visitor’s visa)

The spouse of family member’s visa has expired and they are seeking a change in status or to apply for a green card through an immediate relative

Green card renewal – you can renew your green card whether it is expired or not. Past criminal convictions will affect your chances for obtaining a renewal.

If you have any questions about applying for a visa or green card through an immediate relative, please contact Immigration Attorney Phillip Kim.

ByPhillip Kim

Citizenship Attorney, Deportation Lawyer Fresno, Fresno Immigration Attorney, Fresno Immigration Lawyer, Green Card Lawyer Fresno

Citizenship Through Naturalization

Naturalization is the process by which U.S. citizenship is granted to a foreign citizen or

national after he or she fulfills the requirements established by Congress in the Immigration

and Nationality Act (INA).

In most cases, an applicant for naturalization must be a permanent resident (green card

holder) before filing. Except for certain U.S. military members and their dependents,

naturalization can only be granted in the United States.

You May Qualify for Naturalization if:

● You have been a permanent resident for at least 5 years and meet all other eligibility

requirements. .
● 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.
● You have qualifying service in the U.S. armed forces and meet all other eligibility

requirements.
● Your child may qualify for naturalization if you are a U.S. citizen, the child was born

outside the U.S., the child is currently residing outside the U.S., and all other eligibility

requirements are met.

How to Apply for Naturalization

To apply for naturalization, file Form N-400, Application for Naturalization.

For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

Citizenship Attorney, Deportation Lawyer Fresno, Fresno Immigration Attorney, Fresno Immigration Lawyer, Green Card Lawyer Fresno

Information about how a permanent resident can become a U.S. citizen by Immigration Attorney in Fresno

The decision to apply for citizenship is an important and very serious one. U.S. citizenship carries many responsibilities with it. The process of applying for U.S. citizenship is known as naturalization. In most cases, a person who wants to naturalize must first be a permanent resident. By becoming a U.S. citizen you gain many rights that permanent residents or others may not have, including the right to vote. In order to be eligible for naturalization, you must first meet certain requirements required by U.S. immigration law.
Generally, to be eligible for naturalization you must:
■ Be age 18 or older: and
■ Be a permanent resident for a certain amount of time(5 years or 3 years in certain circumstances): and
■ Be a person of good moral character; and
■ Have basic knowledge of U.S. government (this, too, can be excepted due to physical or mental impairment)
■ Have a period of continuous residence and physical presence in the United States; and
■ Be able to read, write and speak basic English. There are exceptions to this rule for someone who at the time of filing;
● Is 55 years old and has been a permanent resident for at least 15 years; or
● Is 50 years old and has been a permanent resident for at least 20 years; or
● Has a physical or mental impairment that makes them unable to fulfill these requirements

The main categories of persons who are eligible to apply for naturalization include the following:
■ Permanent resident of the United States for at least five years; or
■ Permanent resident for at least three years during which time you have been married to and living in marital union with a U.S. citizen spouse for at least three years unless you obtained permanent residency as the spouse of a U.S. citizen who battered or subjected you to extreme cruelty. In which case you are not required to have been living in marital union with that U.S. citizen for three years; or
■ Permanent resident with honorable service in the U.S. military.
Before you apply for naturalization you must reside.
To apply for naturalization, you would file a Form N-400, Application for Naturalization. For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

Citizenship Attorney, Deportation Lawyer Fresno, Fresno Immigration Attorney, Fresno Immigration Lawyer, Green Card Lawyer Fresno

Green Card Through the Diversity Immigrant Visa Program by Immigration Attorney in Fresno

The Diversity Immigrant Visa Program makes 50,000 diversity visas available annually, drawn

from random selection among entries of individuals who are from countries with low rates of

immigration to the United States.

How To Get a Diversity Visa

The U.S. Department of State (DOS) holds a lottery each year to determine who gets one of

the 50,000 diversity visas available. You must apply through DOS during the online entry

registration period, which typically runs from October through December of each year.

Diversity visa lottery winners are notified by mail and, if they qualify, are granted a visa.

You cannot enter the diversity visa lottery through U.S. Citizenship and Immigration

Services.

Note: Citizens of some countries are not eligible to apply for the diversity lottery.

Eligibility Criteria

You may be eligible to obtain a green card (permanent residence) through the Diversity

Immigrant Visa Program if you meet all of the following conditions:

● You were selected for the Diversity Visa Lottery Program by the U.S. Department of

State
● An immigrant visa is immediately available to you at the time you file Form I-485,

Application to Register Permanent Residence or Adjust Status which can be determined by

reviewing the Visa Bulletin

● You are admissible to the United States

You may be eligible to obtain a green card as a derivative applicant through the Diversity

Immigrant Visa Program if you meet all of the following conditions:

● You are the spouse or child of the principal applicant
● An immigrant visa is immediately available to you at the time you file Form I-485
● You are admissible to the United States

Application Process

To obtain a green card through the Diversity Immigrant Visa Program you must file Form I-

485. However, you must wait until a visa is immediately available to file Form I-485,

otherwise your application will be rejected. To see if a visa is immediately available, check

the current DOS Visa Bulletin

Supporting Evidence for Form I-485
You should submit the following evidence with your Form I-485:

● Two passport-style photos
● Form G-325A, Biographic Information, if you are between 14 and 79 years of age
● Copy of government-issued photo identification
● Copy of birth certificate
● Copy of passport page with nonimmigrant visa (if applicable)
● Copy of passport page with admission (entry) stamp (if applicable)
● Form I-94, Arrival/ Departure Record (if applicable)
● Form I-693, Report of Medical Examination and Vaccination Record
● Applicable fees
● Certified copies of court records (if you have ever been arrested)
● Copy of the principal applicant’s selection letter for the diversity visa lottery from DOS
● Copy of the receipt for the processing fee of the diversity visa lottery from DOS
● Principal applicants must also submit evidence of a high school diploma or its equivalent,

or evidence of 2 years of work experience in an occupation requiring at least 2 years of

training or experience in the past 5 years.

Work & Travel Authorization
Generally, when you have a pending Form I-485, it is possible for you to apply for

authorization to work in the United States and to seek advance parole (advance permission

to travel and be admitted to the United States upon your return).
For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

Naturalization for Spouses of U.S. Citizens by Immigration Attorney in Fresno

In general, you may qualify for naturalization if you have been a permanent resident (green

card holder) for at least 3 years, have been living in marital union with the same U.S. citizen

spouse during such time, and meet all other eligibility requirements under this section.

In certain cases, spouses of U.S. citizens employed abroad may qualify for naturalization

regardless of their time as permanent residents.

General Eligibility Requirements

● Be 18 or older
● Be a permanent resident (green card holder) for at least 3 years
● Have been living in marital union with the U.S. citizen spouse, who has been a U.S.

citizen during all of such period, during the 3 years immediately preceding the date of filing

the application and up until examination on the application
● Have lived within the state, or US district with jurisdiction over the applicant’s place of

residence, for at least 3 months prior to the date of filing the application
● Have continuous residence in the United States as a lawful permanent resident for at

least 3 years immediately preceding the date of filing the application
● Reside continuously within the United States from the date of application for

naturalization until the time of naturalization
● Be physically present in the United States for at least 18 months out of the 3 years

immediately preceding the date of filing the application
● Be able to read, write, and speak English and have knowledge and an understanding of

U.S. history and government (civics)
● Be a person of good moral character, attached to the principles of the Constitution of

the United States, and well disposed to the good order and happiness of the United States

during all relevant periods under the law

Spouses of U.S. Citizens Employed Abroad

Generally, the spouse of a U.S. citizen who is employed by the U.S. government, including

the military, or other qualifying employer, whose spouse is stationed abroad in such

employment for at least 1 year, may be eligible for naturalization

In general, a spouse of a U.S. citizen employed abroad must be present in the United States

pursuant to a lawful admission for permanent residence at the time of examination on the

naturalization application and at the time of naturalization, and meet of all of the

requirements listed above except that:

● No specific period as a permanent resident (green card holder) is required (but the

spouse must be a permanent resident)
● No specific period of continuous residence or physical presence in the United States is

required
● No specific period of marital union is required; however, the spouses must be living in

marital union.

Note: You must also establish that you will depart abroad immediately after naturalization

and that you intend to reside in the United States immediately upon the termination of your

spouse’s employment abroad.
For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

Change My Nonimmigrant Status by Immigration Attorney in Fresno

If you want to change the purpose of your visit while in the United States, you (or in some cases your employer) must file a request on the appropriate form before your authorized stay expires. For instance, if you arrived here as a tourist but want to become a student, you must submit an application to change your status. We recommend that you apply as soon as you determine that you need to change to a different nonimmigrant category.

Until you receive approval , do not assume the status has been approved, and do not change your activity in the United States. For example, if you are currently a nonimmigrant tourist, do not begin attending school as a student until you have received authorization to change your status. If you fail to maintain your nonimmigrant status, you may be barred from returning to and/or removed (deported) from the United States. Your authorized status and the date your status expires , Arrival-Departure Record.

In general, you may apply to change your nonimmigrant status if you were lawfully admitted to the United States with a nonimmigrant visa, your nonimmigrant status remains valid, you have not violated the conditions of your status, and you have not committed any crimes that would make you ineligible.

You do not need to apply to change your nonimmigrant status if you were admitted into the United States for business reasons (B-1 visa category ) and you wish to remain in the United States for pleasure before your authorized stay expires.

You do not need to apply to change your nonimmigrant status if you wish to attend school in the United States, and you are the spouse or child of someone who is currently in the United States in any of the following nonimmigrant visa categories:

Diplomatic and other government officials, and employees (A visa category)
International trade and investors (E visa )
Representatives to international organizations and their employees (G visa )
Temporary workers (H visa)
Representatives of foreign media (I visa)
Exchange visitors (J visa)
Intracompany transferees (L visa)
Academic (F visa) or vocational (M visa) students (you may attend elementary, middle or high school only: if you want to attend post-secondary school full-time you must apply for a change of status).
You may not apply to change your nonimmigrant status if you were admitted to the United States in the following categories:

Visa Waiver Program· Crew member (D nonimmigrant visa)
In transit through the United States (C nonimmigrant visa)
In transit through the United States without a visa (TWOV)
Fiancé of a U.S. citizen or dependent of a fiancé (K nonimmigrant visa)
Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa)
If you are a vocational student (M-1), you may not apply to change your status to a(n):

Academic student (F-1)
Any H status (Temporary worker), if the training you received as a vocational student in the United States provided the qualifications for the temporary worker position you seek.
If you are an international exchange visitor (J-1), you may not change your nonimmigrant status if:

You were admitted to the United States to receive graduate medical training, unless you receive a special waiver.
You are an exchange visitor and are required to meet the foreign residence requirement, unless you receive a waiver.
If you do not receive a waiver, you may only apply to change to a diplomatic and other government officials (A visa) or representatives to international organizations (G visa)
For information on how to apply, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

Employment-Based Immigration: Third Preference EB-3 by Immigration Attorney in Fresno

Employment-Based Immigration: Third Preference EB-3
You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker.

● “Skilled workers” are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature
● “Professionals” are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions
● The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

■ Eligibility Criteria
◆ Sub-categories : Skilled Workers
Evidence : ⊙ You must be able to demonstrate at least 2 years of job experience or training ⊙ You must be performing work for which qualified workers are not available in the United States
Certification : Labor certification and a permanent, full-time job offer required.

◆ Sub-categories : Professionals
Evidence : ⊙ You must be able to demonstrate that you possess a U.S. baccalaureate degree or foreign degree equivalent, and that a baccalaureate degree is the normal requirement for entry into the occupation
⊙ You must be performing work for which qualified workers are not available in the United States
⊙ Education and experience may not be substituted for a baccalaureate degree
Certification : Labor certification and a permanent, full-time job offer required.

◆ Sub-categories : Unskilled Workers (Other Workers)
Evidence : You must be capable, at the time the petition is filed on your behalf, of performing unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
Certification : Labor certification and a permanent, full-time job offer required.

Note: While eligibility requirements for the third preference classification are less stringent, you should be aware that a long backlog exists for visas in the “other workers” category.
For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

Application Process

Your employer (petitioner) must file , Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate an ability to pay the offered wage as of your visa priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate an ability to pay your wage.

For more information on filing fees, Please Call:(559) 761-9742

.

Family of EB-3 Visa Holders

Your spouse may be admitted to the United States in the file (spouse of a “skilled worker” or “professional”) or the file (spouse of an “other worker”). During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document . Your minor children (under the age of 18) may be admitted as the file (child of a “skilled worker” or “professional”) or the file (child of an “other worker”).
For More Information, Please Call :
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

Employment-Based Immigration by Attorney in Fresno: First Preference EB-1

Employment-Based Immigration: First Preference EB-1
You may be eligible for an employment-based, first-preference visa if you have an

extraordinary ability, are an outstanding professor or researcher, or are a multinational

executive or manager. Each occupational category has certain requirements that must be

met:

Eligibility Criteria
◆ Extraordinary Ability
You must be able to demonstrate extraordinary ability in the sciences, arts, education,

business, or athletics through sustained national or international acclaim. Your

achievements must be recognized in your field through extensive documentation. No offer

of employment is required.

◆ Outstanding professors and researchers
You must demonstrate international recognition for your outstanding achievements in a

particular academic field. You must have at least 3 years experience in teaching or

research in that academic area. You must be entering the United States in order to

pursue tenure or tenure track teaching or comparable research position at a university or

other institution of higher education.

◆ Multinational manager or executive
You must have been employed outside the United States in the 3 years preceding the

petition for at least 1 year by a firm or corporation and you must be seeking to enter the

United States to continue service to that firm or organization. Your employment must

have been outside the United States in a managerial or executive capacity and with the

same employer, an affiliate, or a subsidiary of the employer.

For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

* Criteria for Demonstrating Extraordinary Ability
You must meet 3 out of the 10 listed criteria below to prove extraordinary ability in your

field:

● Evidence of receipt of lesser nationally or internationally recognized prizes or awards

for excellence
● Evidence of your membership in associations in the field which demand outstanding

achievement of their members
● Evidence of published material about you in professional or major trade publications or

other major media
● Evidence that you have been asked to judge the work of others, either individually or

on a panel
● Evidence of your original scientific, scholarly, artistic, athletic, or business-related

contributions of major significance to the field
● Evidence of your authorship of scholarly articles in professional or major trade

publications or other major media
● Evidence that your work has been displayed at artistic exhibitions or showcases
● Evidence of your performance of a leading or critical role in distinguished organizations
● Evidence that you command a high salary or other significantly high remuneration in

relation to others in the field
● Evidence of your commercial successes in the performing arts

** Examples of Documentary Evidence That A Person is an Outstanding Professor Or

Researcher

● Evidence of receipt of major prizes or awards for outstanding achievement
● Evidence of membership in associations that require their members to demonstrate

outstanding achievement
● Evidence of published material in professional publications written by others about the

alien’s work in the academic field
● Evidence of participation, either on a panel or individually, as a judge of the work of

others in the same or allied academic field
● Evidence of original scientific or scholarly research contributions in the field
● Evidence of authorship of scholarly books or articles (in scholarly journals with

international circulation) in the field

For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

Temporary (Nonimmigrant) Workers in the United States

In order for you to come to the United States lawfully as a nonimmigrant to work

temporarily in the United States your prospective employer must generally file a

nonimmigrant petition on your behalf with USCIS1. The main nonimmigrant temporary worker classifications are listed in the table below. For more information about the filing

requirements for particular nonimmigrant classifications, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

Spouses and Children Seeking Dependent Nonimmigrant Classification

Spouses and children who qualify for dependant nonimmigrant classification of a temporary

worker and who are outside of the United States should apply directly at a U.S. consulate

for a visa.
Application to Extend/Change

Nonimmigrant Status.

Temporary (Nonimmigrant) Worker Classification

● E-1
Treaty traders and qualified employees.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

E-1(3)

● E-3
Certain “specialty occupation” professionals from Australia.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

E-3(3)

● H-1B
Workers in a speciality occupation and the following sub-classifications:

H-1B1 – Free Trade Agreement workers in a specialty occupation from Chile and Singapore.
H-1B2 – Specialty occupations related to Department of Defense Cooperative Research

and Development projects or Co-production projects.
H-1B3 – Fashion models of distinguished merit and ability.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

H-4

● H-1C(2)
Registered nurses working in a health professional shortage area as determined by the

U.S. Department of Labor.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

H-4

● H-2A
Temporary or seasonal agricultural workers.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

H-4

● H-3
Trainees other than medical or academic. This classification also applies to practical

training in the education of handicapped children.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

H-4

● I
Representatives of foreign press, radio, film or other foreign information media.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

I

● L-1A
Intracompany transferees in managerial or executive positions.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

L-2(3)

● L-1B
Intracompany transferees in positions utilizing specialized knowledge.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

L-2(3)

● O-1
Persons with extraordinary ability in sciences, arts, education, business, or athletics and

motion picture or TV production.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

O-3

● O-2
Persons accompanying solely to assist an O-1 nonimmigrant.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

O-3

● P-1A
Internationally recognized athletes.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

P-4

● P-1B
Internationally recognized entertainers or members of internationally recognized

entertainment groups.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

P-4

● P-2
Individual performer or part of a group entering to perform under a reciprocal exchange

program.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

P-4

● P-3
Artists or entertainers, either an individual or group, to perform, teach, or coach under a

program that is culturally unique.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker

; P-4

● Q-1
Persons participating in an international cultural exchange program for the purpose of

providing practical training, employment, and to share the history, culture, and traditions of

the alien’s home country.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

Not Applicable(4)

● R-1
Religious workers.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker

; R-2

● TN
North American Free Trade Agreement (NAFTA) temporary professionals from Mexico and

Canada.
Nonimmigrant Classification for Dependant Spouses and Children of a Temporary Worker ;

TD

1. Only a few nonimmigrant classifications allow you to obtain permission work in this

country without an employer having first filed a petition on your behalf. Such classifications

include the nonimmigrant E-1, E-2, E-3 and TN classifications, as well as, in certain

instances, the F-1 and M-1 student and J-1 exchange visitor classifications.

2. The H-1C nonimmigrant classification is scheduled to expire on December 20, 2009.

3. E and L dependent spouses may apply for employment authorization.

4. Though the Immigration and Nationality Act (INA) does not provide a specific

nonimmigrant classification for dependents of Q-1 nonimmigrants, this does not preclude

the spouse or child of a Q-1 from entering the U.S. in another nonimmigrant classification.

For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

Fresno Immigration Attorney

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