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I am a foreign medical doctor and I needed a waiver to continue working in the U.S. A J-1 waiver was obtained through States' Health Department.
We will advise you in the following family immigration matters:
- Permanent Residence Applications (Green Cards)
- Alien Relative Petitions for your parents, children, spouses, sisters and brothers
- Fiancé Petitions (K-1 and K-3) visas
- Consular Processing for Immigrant and Nonimmigrant Visas
- Applications for Removal of Conditions on Permanent Residence (Form I-751)
- Advance Parole/Permission to Travel
- Employment Authorization (Work Permit)
- Interview preparation and representation
- Status Requests
- Responses to Requests for Evidence and Intent to Deny letters
- Appeals, Motions and other actions
- Appeals to the Board of Immigration Appeals
- Temporary visas for family and business visits (B-1, B-2)
- I-601 waivers of inadmisability
- VAWA cases (Violence Against Women Act).
If you are a United States citizen or a permanent resident who is married or plan to marry a foreigner, you should be aware that Petitions/applications based on the marriage involving immigration it is not a simple matter of "filling the forms". It is aavily regulated area by the Federal laws and U.S. Department of Homeland Security as well as other agencies. There are many legal safeguards in place to prevent fraudulent marriages entered into for only immigration purposes.
Preparing a large volume of legal forms and gathering other documentation is only a beginning of the case. During the process, many government agencies will conduct a thorough investigation into the couples' background, relationship and circumstances of the marriage. Your private marital life will be scrutinized by experienced Immigration Service agents.
In many cases, the couple may be interrogated separately during so called "Stokes" interview. Under stress of an interview, it is easy to get confused or forget an important detail.
During the procedure, USCIS agents may visit you at your home. Every smallest inconsistency or detail may set a red flag and become a total disaster for your family.
By law, every petition based on the marriage must be extensively documented to be approvable. Every question must be answered and every issue must be resolved.
If documentation is not sufficient or some answers do not perfectly match, the petition may be denied and person will be put in removal (deportation) procedure.
You may benefit greatly by retaining an immigration attorney. From the initial consultation and until final resolution, we will work with you to achieve your goals. Attorneys of our firm will prepare your case for filing, identify potential problems, represent you at the interviews, appeal non-favorable decisions an answer any question along the way.
A large segment of our practice is corporate employment based immigration. We prepare immigrant visa petitions for persons possessing Extraordinary Ability; Outstanding Professors and Researchers, Multinational Executives and Managers. We obtain Permanent Labor Certifications (PERM) and National Interest Waivers. We counsel employers on various immigration compliance issues.
Attorney Bokshan handles complex cases for many of our corporate clients including:
- Aliens of Extraordinary Ability (EB-1)
- Advanced Degree Professionals (EB-2)
- PERM Labor Certification Applications (EB-2 and EB-3)
- National Interest Waivers
- Schedule A pre-certified occupations (Nurses and Physical Therapists)
- Exchange Visitors (J-1) and waivers
- H-1B Professionals
- L-1A Multinational Managers or Executives (Intra-company transfers) or Specialize Knowledge professionals (L-1B)
- O-1 Individuals with Extraordinary Ability
- E-1/2 Treaty Traders and Investors
- J-1 Waivers, Section 212(e) -2 year home rule requirement
- J-1 Waivers for Foreign Medical Graduates.
- Allied Medical occupations
- Religious Workers visas (R-1) and permanent residence green card (I-360).
- Training Programs (H-3 visas).
- Visa Lottery
- Temporary Protected Status (TPS)
- Asylum Applications and interviews
We will advise and represent an employer or an employee in any other matter involving employment/business immigration and work permits.
We advise medical professionals and assist in obtaining J-1 waivers. Foreign medical graduates are required to leave the United States after completion of a J-1 medical training programs in the U.S. hospitals.
Our attorneys will assist in applying for such waiver and subsequent work authorized status and green card.
J-1 Visa Waiver for Medically Underserved Area
Most international medical graduates who come to the United States for residency or fellowship training do so via a J-1 visa. A J-1 visa is issued for the duration of the physician's training in the U.S., for a maximum of 7 years. A J-1 visa allows the physician to work only for the hospital or related entity where he or she is serving as a resident or fellow. At the conclusion of residency or specialty training, the J-1 physician is required to return to his or her home country for two years before the physician can return to the U.S. This obligation is called the 2-year foreign residence requirement.
Obtaining a Waiver of the J-1 Visa Foreign Residence Requirement
Physicians can obtain a waiver of the J-1 foreign residence requirement to enable him or her to stay in the U.S. after completing residency training. A physician can obtain a waiver by gaining the support of a state Department of Health or Federal government agency by agreeing to provide health care at in a Health Professional Shortage Area or Medically Underserved Area in the United States or by agreeing to work at a Veterans' Administration (VA) hospital.
The Federal government agencies that have J-1 waiver programs for physicians who will engage in patient care are the state Department of Public Health, the Department of Veteran Affairs, the Department of Health and Human Services, the Delta Regional Authority and the Appalachian Regional Commission.
In addition to the Federal agencies, each state Department of Public Health is also authorized to sponsor 30 J-1 waivers per fiscal year. Each of these agencies has its own J-1 waiver requirements. However, all agencies require at a minimum that the physician have a three-year employment contract to provide full-time medical care to patients from Health Professional Shortage Areas or Medically Underserved Areas.
Obtaining a waiver of the J-1 home residence requirement alone does not allow the physician to commence employment in the U.S. In order to obtain work authorization, the physician's employer must file an H-1B visa petition to obtain H-1B visa status for the physician.
Because there are several government agencies involved in the J-1 waiver and H-1B visa process, it is important to plan ahead and begin the process at least six months before the date the physician intends to begin employment.
The ultimate dream and goal of the majority of legal immigrants is to become a naturalized United Sates citizen.
Application for naturalization (United States citizenship), Form N-400 seems easy and straightforward. You can prepare for the English language and United States History and Civics exam by learning test questions. However, there is much more to it than completing the form and learning test questions and answers.
Many applicants do not realize that Naturalization procedure is the last opportunity for USCIS to review all your prior immigration history and moral character to determine your eligibility for this greatest benefit. USCIS will examine your entire file in great detail; all your previous applications and procedures will be reviewed thoroughly again. Any inconsistency in your naturalization application or previous green card procedure will lead to serious consequences and, possibly, to denial of your application.
Form N-400, Application for Naturalization must be carefully prepared. Attorneys will carefully interview you during the initial consultation to determine eligibility and to identify any potential issues.
If you obtained your green card based on the marriage, USCIS will review your marriage again to make sure that your marriage was not for immigration purposes.
Depending on the circumstances, in some cases even permanent resident status may be in danger.
In this type of application it is vital to consult an experienced immigration attorney. We will help you to prepare your application and point out potential problems.
Citizenship / Nationality
There are many confusing laws of United States citizenship and nationality. Citizenship by birth abroad to a United States citizen parent (s) or parents' naturalization can make you a citizen under certain circumstances.
If you believe that you may be a United States citizen because your parent is a United States citizen, contact attorney Bokshan for case evaluation.
In some cases a special waiver may be required, typically a I-601 waiver. Such waiver is available for prior unlawful presence or visa overstay in the United States, misrepresentation or fraud in applying for US visa or other immigration benefits, and certain criminal violations. To be eligible for such waiver, it must be demonstrated that US citizen or lawful permanent resident spouse or parent of the applicant would suffer extreme hardship if he or she would have to live in the United States without the applicant or if he or she would have to move to a different country to live with the applicant.
Our attorneys are experienced in representing clients in the extreme hardship waiver process before USCIS, Immigration Court and Consular offices. We will advise and assist in this process by identifying best arguments, collecting of evidence, drafting a hardship statement, and preparing the final package to be submitted to the Immigration Service, Judge or consular office.
If case is denied, a motion or an appeal can be filed for review by higher authority. Our attorneys will prepare an appeal or appropriate motion to the Board of Immigration Appeals (BIA), Administrative Appeals Office (AAO) or Federal Circuit Court.
Time for appeals and motions is extremely limited. There are strict deadlines that must be met in order to properly file an appeal or motion.
Contact an attorney to have your case evaluated as soon as possible.
If you received a Notice to Appear before the Immigration Judge, it means that you have been placed in the removal (deportation) procedure and an Immigration Judge will decide your fate. You will be deported unless some form of relief is available to you.
In this stage advice and representation of an attorney becomes vital to your future.
We will represent you in the Immigration Court. Depending on the particular circumstances, several forms of relief may be available that would prevent you from deportation and would allow you to remain in the United States.
Unfortunately, not every case in Court can be won and we will advise you accordingly.
We represent clients in Immigration Courts in Hartford and Boston.
Contact us now, so we can prepare your case for your day in Court.
If you are interested in adopting a child from a foreign country, we suggest that you consult an immigration attorney. USCIS plays a major role in the inter-country adoption process. The adoption of a foreign-born orphan does not automatically guarantee the child's eligibility to immigrate to the United States. The adoptive parent needs to be aware of U.S. immigration laws and procedures. An orphan cannot legally immigrate to the United States without first being approved by the USCIS.
United States is now a member of a Hague Convention, which applies to all adoptions of children from other countries - members of Hague Convention. It provides for many safeguards and standard procedures for the adoptive parents and adopted children.
The adoption of a child from a non-Hague Convention country is essentially a private legal matter between private individuals who wish to adopt a child, and a foreign court, which operates under that foreign country's laws and regulations. U.S. authorities cannot intervene on behalf of prospective parents with the courts in the country where the adoption takes place.
Other Immigration Programs and Benefits
Beware of notaries, travel agents or other unlicensed or criminal individuals that offer you help in the immigration matters: most of the times you will fall victim of fraud. Such acts may be criminal and may make you deportable and ineligible for any future immigration benefits. Only licensed attorney may represent you in the Federal Immigration Law matters.