Phoenix Nonimmigrant Visa Lawyer

Warm and Compassionate Legal Assistance from a Skilled Visa Attorney

There is a range of visa types for different needs, such as employment. There are also special programs for children of immigrants, such as Deferred Action for Childhood Arrival (DACA). If you are looking at applying for a nonimmigrant work visa or another immigration program, Essien Law Firm can help you. We have personally gone through the immigration process, so we understand the emotional and legal hurdles you are facing. Your case is always solvable to us, and we will work diligently for you as we advocate for your visa rights.

If you need help applying for a non-immigrant visa, contact Essien Immigration Law for a Phoenix citizenship lawyer at (602) 833-2650.

Types of Non-immigrant Visas

A nonimmigrant visa is a temporary visa for individuals coming into the U.S. with the intent to eventually return to their home country. While immigrant visas are for those who seek to stay permanently in the U.S., nonimmigrant visas cater to temporary visits, such as for work or study purposes. Navigating through these visa options can be daunting, which is why comprehensive legal support is vital for ensuring clarity and compliance.

There are over 20 different types of non-immigrant visas. Some of the most common employment-related visas include:

• H-1B Visa – This is the most popular employment-based visa for working professionals and is offered to people in a “Specialty Occupation.” The visa requires a 4-year college degree or its equivalent and is used by most American businesses to employ foreign workers in occupations that require technical or theoretical expertise in specialized fields (e.g., engineers, scientists).
• F-1 Visa – Also known as the “student visa,” the F-1 Visa is a temporary intent visa for foreign students looking to study in the United States.
• J-Visa – This is the Exchange Visitor (J-1) Visa for individuals who have been approved to participate in an exchange visitor program in the United States. Approved individuals might be short-term scholars, students, physicians, teachers, professors, and research scholars.
• Q-1 Visa – Similar to the J-1 Visa, this one is also for exchange programs in the United States, though it focuses on participants of certain International Cultural Exchange Programs designed to provide training and employment while also encouraging participants to share their culture, history, and traditions with the United States.
• L-1A Visa – The L-1A Visa for Intracompany Transferee Executives or Managers allows an employer to transfer a manager or executive from one of its affiliated offices in another country to its office in the United States. It also permits a company that does not have a U.S. office to send an executive or manager to the U.S. for the purposes of establishing one here. These visas are valid for up to 7 years and can be converted to lawful permanent resident (LPR) status.
• L-1B Visa – The L-1B Visa for Intracompany Transferees Specialized Knowledge allows a company to transfer someone with specialized knowledge relating to their business interests to its United States office. It also permits a company with no American office to send someone with specialized knowledge to establish an office in the U.S. These visas are valid for up to 5 years.
• E-2 Nonimmigrant Visa – This is a treaty-based visa for foreign nationals investing a substantial amount of capital in U.S.-based businesses. A qualifying national of the treaty country must show at least 50% ownership of the business they intend to invest in. These visas are valid for 2 years and can be renewed.

Other types of visas that are commonly brought up are:

• R Visa – This is for religious workers who want to enter the U.S. to work in religious capacities. This visa provides an opportunity for religious organizations to bring qualified individuals to the U.S. to engage in vocational duties or ministerial work, thereby supporting religious communities.
• P-3 Visa – This visa is for artists or entertainers to perform, teach, or coach a culturally unique program or provide a traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation, enabling artists to enrich both local and national cultural landscapes through exchange programs.
• O-1 Visa – This is for individuals with “extraordinary ability or achievement” in science, education, art, athletics, or business demonstrated by sustained national or international acclaim and recognition in their field. It facilitates the attraction of top talents whose contributions hold significant potential to spur innovation and cultural growth in the U.S.
• K-1 Fiancé(e) Visa – This visa allows a U.S. citizen who is engaged to a foreign national to bring that person to the U.S. to marry. It is a visa of temporary intent, and the pair must marry within 90 days of the foreign fiancé entering the U.S. This visa helps reunite families and enables couples to start their lives together in the U.S.

Durations of Stay on Nonimmigrant Visas

• For visitors from participating countries traveling to the U.S. without a visa, visits must be limited to 90 days.
• The duration of stay on a B-1 or B-2 visitor visa can be a maximum of 6 months, with the possibility of extensions in qualifying cases.
• The maximum period of stay for certain nonimmigrant visas is 90 days, with no extension permitted.
• Extensions of stay can be applied for at least 45 days before the authorized stay expires under certain conditions.

It's important to check the specific requirements and conditions for each type of non-immigrant visa to determine the exact duration of stay allowed. Reach out to our Phoenix nonimmigrant visa lawyer with any questions you may have.

Understanding Visa Laws and Procedures

Navigating visa applications in Phoenix requires a clear understanding of both federal law and local jurisdictional nuances. Arizona's immigration policies reflect broader national legislation but often involve additional state-specific procedures. For instance, applicants may need to consider processes unique to state or local governmental bodies that affect visa processing times and available resources. In Phoenix, it's crucial to be aware of these intricacies to ensure smooth application handling.

Our personalized approach considers all these factors, ensuring that every potential hurdle is managed with local insights and care. From helping you gather crucial documentation to representing you in case of procedural complications, Essien Immigration Law provides comprehensive legal service that respects both the letter of the law and the unique contexts of each case.

Common Visa Application Challenges in Phoenix

Applying for a visa can be daunting, fraught with challenges that differ significantly depending on the type of visa and unique local circumstances. Common issues faced in Phoenix include delays in processing, compliance with shifting immigration policies, and gathering comprehensive documentation required by the U.S. Citizenship and Immigration Services (USCIS). Additionally, applicants may encounter difficulties in aligning their case with criteria that favor approval, such as proving intent to return to their home country for nonimmigrant visas or showcasing extraordinary ability for specialized visas like the O-1.

At Essien Immigration Law, we take proactive measures to prepare our clients, minimizing risks and anticipating potential obstacles. Our role doesn't end at providing legal counsel; we stand by our clients as advocates, navigating these challenges with the tactical foresight that only hands-on, personalized legal service can offer. By understanding the specificities of visa applications and anticipating questions or concerns USCIS might have, we place our clients in the best possible position for successful application outcomes.

Deferred Action for Childhood Arrivals

Another important non-immigrant matter is the Deferred Action for Childhood Arrivals (DACA) program, which allows certain people who came to the United States as children to work legally without fear of deportation for two years (subject to renewal). This program provides vital protection and opportunities for young immigrants, creating pathways to education, employment, and integration into American society.

To qualify for the DACA program, you must meet all the following requirements:

• You are under the age of 31 as of June 15, 2012.
• You came to the U.S. before your 16th birthday.
• You have continuously resided in the U.S. since June 15, 2007, up to the present.
• You were physically present in the U.S. on June 15, 2012, and at the time of making your request for consideration of deferred action with the USCIS.
• You entered without inspection before June 15, 2012, or your lawful immigration status expired before then.
• You are currently in school, graduated or obtained a certificate of completion from high school, obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or the United States Armed Forces.
• You have not been convicted of a felony, significant misdemeanor, or three or more misdemeanors, and you do not otherwise pose a threat to national security or public safety.

For many young immigrants, understanding the nuances and paperwork of DACA can be overwhelming. Having the right legal guidance can streamline the process, ensuring that applicants maximize their benefits under the program while staying compliant with all legal requirements. Whether it involves initial applications or renewals, Essien Law Firm is equipped to offer tailored advice for your circumstances.

For all your nonimmigrant visa concerns, reach out to Essien Law Firm. We can offer sound guidance on which visa is most appropriate for your situation and how to navigate any ensuing immigration concerns, such as your DACA status.

Schedule a free consultation with our firm today to get started. Let’s protect your rights as a foreign national entering the U.S.

Frequently Asked Questions

What Makes Nonimmigrant Visas Different from Immigrant Visas?

Nonimmigrant visas are temporary visas issued for a variety of purposes, such as work, study, or travel. Unlike immigrant visas, which are for individuals intending to stay in the United States permanently, nonimmigrant visas allow for limited stays aligned with the purpose of the visit. Each type of nonimmigrant visa has specific requirements regarding eligibility, duration of stay, and conditions of use. Understanding these nuances is critical, as errors can result in application denials or future ineligibility.

How Can I Extend My Stay on a Nonimmigrant Visa?

If you're currently in the U.S. on a non-immigrant visa and wish to extend your stay, you can apply for an extension through USCIS. You should apply at least 45 days before your current status expires, and it's crucial to continue fulfilling the conditions of your visa. The extension process can involve documentation such as letters from employers or schools and evidence of financial self-sufficiency or sponsorship. Seeking legal guidance is advisable to ensure all application components meet the rigorous standards of USCIS.

What Should I Do if My Visa Gets Denied?

A visa denial can be disheartening, but it's not the end of the road. After a denial, it's essential to understand the reasons behind the decision. You have the option of reapplying or appealing the decision if appropriate. Consulting with a knowledgeable visa lawyer in Phoenix can provide insight into strengthening your application. Sometimes, minor adjustments or clarifications in your application can make a significant difference in subsequent attempts.

Rely on the expertise of a skilled visa attorney at Essien Immigration Law. Contact us or call (602) 833-2650 now to arrange your consultation without delay.