Tag Archive Admission

ByPhillip Kim

Fiancé(e) Visas by Immigration Attorney in Fresno

This page provides information for U.S. citizens wishing to bring a foreign national fiancé(e)

living abroad to the United States to marry.

If you plan to marry a foreign national outside the United States or your fiancé(e) is already

residing legally in the United States, you do not need to file for a fiancé(e) visa.

Eligibility Requirements

If you petition for a fiancé(e) visa, you must show that:

● You (the petitioner) are a U.S. citizen.
● You intend to marry within 90 days of your fiancé(e) entering the United States.
● You and your fiancé(e) are both free to marry and any previous marriages must have

been legally terminated by divorce, death, or annulment.
● You met each other, in person, at least once within 2 years of filing your petition. There

are two exceptions that require a waiver:
1. If the requirement to meet would violate strict and long-established customs of your or

your fiancé(e)’s foreign culture or social practice.
2. If you prove that the requirement to meet would result in extreme hardship to you.
Application Process

After the Fiancé(e) Visa is Issued

Once issued, the fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the

United States for 90 days so that your marriage ceremony can take place. Once you marry,

your spouse may apply for permanent residence and remain in the United States

Children of Fiancé(e)s

If your fiancé(e) has a child (under 21 and unmarried), a K-2 nonimmigrant visa may be

available to him or her. Be sure to include the names of your fiancé(e)’s children

Permission to Work

After admission, your fiancé(e) may immediately apply for permission to work Application

for Employment Authorization.

What happens if we do not marry within 90 days?

Fiancé(e) status automatically expires after 90 days. It cannot be extended. Your fiancé(e)

should leave the United States at the end of the 90 days if you do not marry. If your fiancé

(e) does not depart, he or she will be in violation of U.S. immigration law. This may result in

removal (deportation) and/or could affect future eligibility for U.S. immigration benefits.

We want to make plans for our wedding. How long will this process take?

To check the current processing times
For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

Extend Your Stay by Immigration Attorney in Fresno

If you want to extend your stay in the United States, you must file a request with U.S.

Citizenship and Immigration Services . Application to Extend/Change Nonimmigrant

Status before your authorized stay expires. If you remain in the United States longer

than authorized, you may be barred from returning and/or you may be removed

(deported) from the United States. Check the date. Arrival-Departure Record, to

determine the date your authorized stay expires. We recommend that you apply to

extend your stay at least 45 days before your authorized stay expires.

You may apply to extend your stay if:

◆ You were lawfully admitted into the United States with a nonimmigrant visa
◆ Your nonimmigrant visa status remains valid
◆ You have not committed any crimes that make you ineligible for a visa
◆ You have not violated the conditions of your admission
◆ Your passport is valid and will remain valid for the duration of your stay

You may not apply to extend your stay 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)

For information on how to apply, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

Visit the U.S. by Immigration Attorney in Fresno

There are two types of nonimmigrant visas available for people
who want to visit the United States.

Visitor for business (B-1)
Visitor for pleasure (B-2)
The B-1 visa is for individuals who wish to visit the United States
temporarily for business purposes, (e.g. conferences)
or for medical treatment,
or to accompany a family member who is requires medical treatment.

The B-2 visa is for individuals who wish to visit the United States temporarily
or to visit family or friends.

If you are planning to visit the United States,
you should be prepared to demonstrate the following:

Your visit will be temporary
You will depart at the end of your authorized stay or any extension granted
You are in possession of a valid passport
You maintain a foreign residence that you have no intention of abandoning
You are able to support yourself financially while in the United States
You are admissible to the United States or have obtained a waiver for any ground of inadmissibility.
For more information on this topic, Please Contact:
Fresno Immigration Attorney

Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

Generally, if you want to visit the United States
you must first obtain a nonimmigrant visitor visa.
Travelers from certain countries may be exempt from this requirement.
For more information about visa requirements and procedures, Please Contact:

Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

If you want to travel to the United States for reasons other than business or pleasure, you must apply

for a visa in the appropriate category. This includes if you want to study, work as a crew member or

journalist, etc., You can get help determining which visa you need by selecting the appropriate

categories in the “Where to Start” menu on our home page

Passing through a U.S. Port of Entry

You should be aware that a visa does not guarantee admission into the United States. may deny your

admission, and also limit the period of time you are authorized to remain in the United States.
For more information about the requirements for visiting
the United States, For More Information,
Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

To Reapply for Admission into the U.S After Deportation by Immigration Attorney in Fresno.

Purpose of Form :
For persons who wish to enter the United States legally after being deported, being removed or

having voluntarily departed the United States without an order of deportation to reapply for

admission to the United States, if they meet certain qualifications.

If you are abroad, and intend to apply for an immigrant visa, submit this form to the Local Office in

which your deportation proceedings were held. If you are concurrently applying for a waiver of

grounds of excludability, file this application with the American Consul with whom you are filing your

application for waiver.

If you are abroad and intend to apply for a nonimmigrant visa or border crossing card, submit this

application to the American Consul with whom you submit your visa or crossing card application, if

instructed to do so by the Consul.

If you are at a U.S. port of entry, applying for admission to the United States, submit this application

to the Local Office having jurisdiction over that port.

If you are in the United States and will file an application for waiver with an American consul, file

this application and the waiver application with the American consul.

If you are in the United States and are applying for adjustment of status or are seeking advance

permission to reapply prior to your departure from the U.S., submit the application to the Local

Office having jurisdiction over the place where you reside. For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

H-1 Work Visa H-1B Immigration Lawyer F-1 Change of Status Attorney Fresno

Q: What is an H-1B?
The H-1B is a nonimmigrant classification used by an alien who will be employed temporarily in a specialty occupation or as a fashion model of distinguished merit and ability.

Q: Is there an annual limit?
The current law limits to 65,000 the number of aliens who may be issued a visa or otherwise provided H-1B status in FY2004. (The numerical limitation was temporarily raised to 195,000 in FY2001, FY2002 and FY2003.)

Q: How can I apply?
H-1B status requires a sponsoring U.S. employer. The employer must file a labor condition application (LCA) with the Department of Labor attesting to several items, including payment of prevailing wages for the position, and the working conditions offered. The employer must then file the certified LCA with a Form I-129 petition plus accompanying fee. (Prior to FY2004, employers were required to submit an additional $1,000 fee to sponsor the H-1B worker, unless specifically exempt.) Based on the USCIS petition approval, the alien may apply for the H-1B visa, admission, or a change of nonimmigrant status.

If you need legal assistance on H-1B H-1 Visas or Change of Status, please contact us at
(559) 761-1040.
You will be able to speak DIRECTLY with an attorney.

ByPhillip Kim

Apply for US Citizenship in Fresno California Citizenship Certificate Attorney Immigration Lawyer Green Card

You may have already become a US citizen without knowing that. In that case, you do not need to apply for citizenship. Instead, you can simply apply for a Citizenship certificate, which could be much simpler and less costly than applying for Citizenship.

Many of my clients come to my office thinking that they have to qualify and apply for citizenship to become a US citizen; but in some cases, they are pleasantly surprised to find out they do not need to apply for citizenship because they already have become a citizen. In that case, all they need to do is to apply for a citizenship certificate.

Here is how you can save time and money by applying for a citizenship certificate.

You may file for a Certificate of Citizenship if you meet any one of the following requirements:

#1: You may file for a certificate of citizenship if all of the following actions occurred before your 18th birthday and prior to February 27, 2001: You regularly resided in the United States after admission as a lawful permanent resident (green card holder), and both of your parents, the parent having legal and physical custody of you, or your sole surviving parent naturalized as a U.S. citizen.

#2: If you are the natural born child of a U.S. citizen, you were born outside the United States and you are claiming citizenship by having been born to U.S. citizen parent(s), you automatically become a U.S. citizen at birth if: You were born to two U.S. citizen parents and at least one of your parents had a residence in the United States or one if its outlying possessions. This residence had to have taken place prior to your birth; or You were born to parents, one of whom is an alien and the other a U.S. citizen who, prior to your birth, had been physically present in the United States or one of its outlying possessions for a period or periods totaling not less than five years, at least two of which were after the age of 14 years.

#3: If you are the biological or adopted child of a U.S. citizen, you were born outside the United States, and you are claiming citizenship by action of law, you automatically become a U.S. citizen if: You have at least one parent who is a U.S. citizen, whether by birth or naturalization; and You regularly reside in the United States in the legal and physical custody of your U.S. citizen parent; and You have been lawfully admitted for permanent residence and You have not yet reached your 18th birthday; and You are a biological child, you were legitimate, or you were legitimated while in the legal custody of your legitimating parent(s) prior to reaching your 16th birthday; or You are a biological child born out of wedlock and you have not been legitimated and your mother naturalizes as a U.S. citizen.

#4: If you are now over the age of 18 years but all of the above conditions applied to you before your 18th birthday and you were under the age of 18 on February 27, 2001.

*** Please note that the list above is by no means complete. You may also qualify for citizenship in other circumstances depending on the specific facts of your case.

Immigration Law Offices of Phillip Kim, Inc.
1320 E. Shaw Avenue, Ste 148
Fresno, CA 93710
(559) 761-1040

Attorney Phillip Kim represents his clients from the Central Valley, Southern California, and Northern California including Fresno County, Kings County, Kern County, Stanislaus County, Tulare County, Merced County, San Joaquin Valley County, Los Angeles County, and the San Francisco Bay area with cities such as Fresno, Clovis, Sanger, Merced, Tulare, Visalia, Modesto, Stockton, Hanford, Lemoore, San Jose, San Francisco, and San Diego.