Artists, Entertainers, and Athletes
This is a unique area of immigration law with special visa types which require unique strategies. Laura Danielson is known on a national level for her representation of artists/entertainers and athletes. Depending on circumstances, these individuals may be eligible for a variety of temporary visas, including B-1, H-1B, J-1, O-1, P-1, P-2, P-3, or Q-1. (Described below under Employment-Temporary) Permanent options for such individuals range from Employment-Based First Preference for Extraordinary Ability, Employment-Based Second Preference and traditional Labor Certifications.
Foreign Students
Most foreign students are in the U.S. on an F-1 visa which allows them to reside in the U.S. for the duration of their study program as long as they are maintaining a full course of study and are not working unlawfully. There are various types of practical training permits that foreign students may be eligible for, but as a general rule, they are not allowed to work except on campus or with this special permission. Some students are also in the U.S. on J-1 visas, which are for scholars, teachers and others. While J programs and program sponsors vary widely, students in J status are similar to F-1 students in that they are ineligible for outside employment. Spouses of J-1s (J-2s) are eligible for work authorization from USCIS, but spouses of F-1s are not. Many individuals in J status are subject to a requirement that they return to their country of origin for two years before being eligible for a change of status or adjustment of status to lawful permanent residence. While waivers are sometimes available, students should carefully consider their long term plans before agreeing to J-1 status over F-1 status.
Family Immigration
Family immigration is divided into immediate relatives and preference relatives. Immediate relatives include spouses, children under age 21 and parents of U.S. citizens. These individuals are immediately eligible for permanent residence in the U.S., although the application process can typically take quite awhile. Preference relatives are divided into the following categories: First preference – unmarried adult children of U.S. citizens; second preference – spouses and children of U.S. permanent residence; third preference – married children of U.S. citizens; and fourth preference – brothers and sisters of U.S. citizens. These are the only family relationships which allow immigration to the U.S. USCIS has very specific definitions of what constitutes “children” (including step children and adopted children) and “parents.” Family relationships are typically proven with birth certificates, marriage certificates and other legal documentation. The USCIS scrutinizes family relationships closely to ensure that relationships were not entered into merely for the purpose of obtaining immigration benefits.
Naturalization
Individuals who have resided in the U.S. as lawful permanent residence for 5 years (or in the case of spouses of U.S. citizens, 3 years) are eligible to apply for naturalization as U.S. citizens. These individuals must also establish that they have been physically present in the U.S. for at least half of the time during the past 5 years, and that they have not been outside the country for more than one year at any given time without obtaining a waiver. The naturalization process requires that individuals be of good moral character, not be removable from the U.S. for any reason, including past criminal activity, and can pass a test in U.S. government and written and spoken English skills. There are certain exceptions regarding these testing requirements for individuals of a certain age or with certain disabilities. Once interviewed and approved, individuals will be sworn in as U.S. citizens and asked to take an oath of allegiance. Acquiring U.S. citizenship in the U.S. through naturalization does not automatically revoke one’s native citizenship provided that dual citizenship is allowed by that country.
Refugees and Asylees
Refugees and Asylees are individuals who have been granted protection by the U.S. government on account of having established a well-founded fear of persecution by their foreign government on account of their:
- Political opinion;
- Nationality;
- Ethnicity;
- Religious beliefs;
- Membership in a particular social group.
Social group membership includes such areas as gender and sexual preference persecution. The main difference between refugees and asylees is that refugees establish this well-founded fear while outside the U.S., typically in a refugee camp, and are then relocated to the U.S. to reside here. Asylees are individuals who have come to the U.S. with visas or as illegal entrants and then file for asylum. Their application must establish their well-founded fear of persecution on account of one of the five grounds. The asylum and refugee process is not an easy one; simply because a country is war torn or in extreme turmoil does not mean its citizens are eligible to reside in the U.S. as refugees or asylees. Proving a well-founded fear of persecution is a very difficult process that is best done with legal counsel. Individuals with strong claims can sometimes qualify for assistance from a human rights organization that helps prepare applications on a pro bono basis. One such organization is the Minnesota Advocates for Human Rights, located at www.theadvocatesforhumanrights.org/.
Deportation and Removal
Fredrikson & Byron’s immigration services include comprehensive representation in the area of deportation and removal. Our attorneys are highly regarded in this area with many years of experience. As a result of recent changes in the law, many more individuals are now subject to deportation and removal, even for committing the most minor offenses. We are capable of handling these matters both in Immigration Court and U.S. Federal Court.
Lottery
Once a year, most typically around October, the U.S. State Department runs a visa lottery for individuals from certain countries that are under-represented in U.S. immigration. Simple applications must be filed within a narrow window of time and approximately 9 or 10 months later the winners are announced. Even though these applications are very simple, it should be noted that many are rejected for failure to follow exact directions. The visa lottery winners are eligible for lawful permanent residence in the U.S. and must adjust to that status or obtain a visa from a consulate abroad by the end of the next fiscal year. As the State Department issues considerably more approvals than it can grant, it is essential that individuals who win the lottery take immediate steps to make their applications. Otherwise, they may end up in the unfortunate position of being denied because the quota has been reached.