Immigration can be a complicated and frustrating experience for those unfamiliar with the process and procedure. This is why the members of Kelly, Parker & Cohen LLP work closely with clients to continually update them about the status of their cases, and cater to their individual needs in order to achieve their goals.

We assist employers, employees, families and individuals in their pursuit of temporary work visas and lawful residence in the United States. Kelly, Parker & Cohen LLP provides immigration law services in the following areas:

EMPLOYMENT-BASED IMMIGRATION

Obtaining permanent residence based on employment is a multi-step process. First, the employer, in most cases, must obtain "labor certification" from the United States Department of Labor confirming that there are an insufficient number of U.S. workers able, qualified and willing to perform the work for which the foreign-born individual is being hired. Second, USCIS must approve an immigrant petition filed on the foreign national's behalf, usually by an employer. Third, the United States Department of State must assign the foreign national an immigrant visa number, even if the foreign national is already in the United States. Finally, if the foreign national is within the United States, they may apply for adjustment of status to permanent resident status. If the foreign national is outside the United States, they will be notified to go to the local U.S. consulate to complete the process for their immigrant visa.

There are five categories of employment-based immigration.

• First Preference (EB-1 priority workers): foreign nationals with extraordinary ability in sciences, arts, education, business or athletics, multinational executives and managers, outstanding professors and researchers which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation.
• Second Preference (EB-2 workers with advanced degrees or exceptional ability): foreign nationals who are members of the professions holding advanced degrees or their equivalent, or who because of their exceptional ability in the sciences, arts or business will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States.
• Third Preference (EB-3 professionals, skilled and other workers): foreign nationals with a bachelors degree or higher, and/or prior work experience, and skilled workers with at least two years of training or work experience and other workers.
• Fourth Preference (EB-4 special immigrants): foreign nationals who, for at least two years immediately preceding the time of the application, have been members of a religious denomination having a bona fide, nonprofit, religious organization in the United States, and who will solely carry on his or her vocation or occupation.
• Fifth Preference (EB-5 investors): foreign nationals who will invest $1,000,000 (or under certain circumstances $500,000) in a new commercial enterprise that employs 10 U.S. citizens or authorized immigrant workers full-time

FAMILY-BASED IMMIGRATION

Not all family relationships serve as a basis to apply for legal permanent residence status. Under the INA, there are two basic categories: Immediate Relatives and Preference Categories.

Immediate Relatives

Immediate relatives include spouses of U.S. citizens, minor unmarried children (under 21) of U.S. citizens, and parents of U.S. citizens, provided the citizen petitioner is at least 21 years of age. There is no limit to the number of immediate relative visas that may be issued in a given year. However, there are also no derivative beneficiaries of immediate relatives. Therefore, a petition must be filed for each foreign national for whom classification as an immediate relative is sought.

Permanent residence based on a marriage which is less than two years old at the time the person obtains status is subject to the Immigration Marriage Fraud Amendments of 1986. Foreign nationals granted status based on marriage are given conditional permanent residence. Accordingly, both spouses must jointly petition to remove the condition within 90 days of the second anniversary of the foreign national obtaining conditional permanent residence.

Preference Categories.

The family sponsored preferences are: (1) unmarried sons and daughters of U.S. citizens; (2) spouses, children and unmarried sons and daughters of permanent residents of the United States; (3) married sons and daughters of U.S. citizens; (4) brothers and sisters of U.S. citizens. These preference categories are subject to annual visa limits.

NON-IMMIGRANT VISAS

The members of Kelly, Parker & Cohen LLP also assist clients in obtaining non-immigrant visas which permit them to remain in the United States temporarily in a specific occupation. We will work with you to obtain one of the following non-immigrant visas:

• H-IB Specialty Workers
• H-2B Temporary Workers
• H-2A Temporary Agricultural Workers
• F-1 and M-1 Students
• K-1 Fiances
• K-3 Spouses
• 0-1 Individuals of Extraordinary Ability or Achievement
• P-1 Artists and Athletes
• E-1 and E-2 Treaty Traders and Investors
• L-1 Intra-Company Transfers
• TN Trade Visas for Canadians and Mexicans

CITIZENSHIP AND NATURALIZATION

An applicant for naturalization must be a person of good moral character, attached to the principles of the Constitution and well disposed to the good order and happiness of the United States. To qualify for naturalization, an applicant must:

1. Be a lawful permanent resident.
2. Be 18 years of age or older, unless age requirement is waived due to military involvement.
3. Be a continuous resident for 5 years subsequent to legal permanent residence status. If married to a U.S. citizen, the residency requirement is 3 years.
4. Be of good moral character for 5 years prior to filing and up to the time of admission.
5. Attached to the principles of the Constitution.
6. Be willing to bear arms and perform noncombatant services or work of national importance.
7. Demonstrate knowledge of the English language.
8. Take an oath of allegiance.

For more information, please contact Anthony W. Parker or call (717) 920-2220 to schedule a consultation or contact us online.