The RSC Immigration Law Group represents employers, employees, and business owners in regard to both immigrant and non-immigrant employment applications. Our professionalism and expertise has enabled us to effectively assist companies to obtain employees from throughout the world, to allow outstanding athletes and entertainers to obtain approval to work and perform in the United States, and for foreign business to open up affiliates and subsidiaries within the United States and transfer foreign executives and specialized employees to staff those companies. For employers or individuals seeking to remain permanently in the United Sates, we have assisted clients with obtaining Green Cards through Exceptional Ability, through Labor Certifications, and through EB-5 investor programs.
Our broad experience in all phases of immigration makes The RSC Immigration Law Group the ideal Firm to serve both U.S. and foreign companies in best navigating the labyrinth of regulations and laws administered by The Department of Homeland Security, the U.S. Department of State, and the U.S. Department of Labor.
We have expertise in the following types of employment cases:
- EMPLOYER BASED VISAS (H-1B, TN, E-3)
- BUSINESS OWNER VISAS (E and L)
- RELIGIOUS LEADERS VISAS (R-1)
- ATHLETES & ENTERTAINERS VISAS (O and P)
- EXTRAORDINARY ABILITY GREEN CARDS (EB-1)
- INTERNATIONAL MANAGERS & EXECUTIVES GREEN CARDS (EB-1C)
- EXCEPTIONAL ABILITY GREEN CARDS (EB-2)
- LABOR CERTIFICATION BASED GREEN CARDS (EB-2, EB-3, EB-4)
- INVESTOR BASED GREEN CARDS (EB-5)
The RSC Immigration Law Group commits significant resources to assisting U.S. citizens and Legal Permanent Residents in bringing their family members to the United States through available U.S. Immigration processes or assisting family members in the U.S. to obtain Legal Permanent Resident status. Our extensive experience in this area allows us to make sure that the strongest application is presented to USCIS for each case. Our goal is to make the entire process as painless for the client as possible, while also educating the client in understanding their own process. Over the years, the Firm has assisted hundreds of clients to bring to the United States their parents, spouses, children, and brothers and sisters. The unification of families through immigration has always been a primary goal of U.S. immigration laws and our service in this area is both an enjoyable and rewarding part of our mission.
We have expertise in the following types of employment cases:
- MARRIAGE BASED GREEN CARDS
- VISAS FOR FIANCEES (K-1)
- OVERSEAS CONSULAR PROCESSING FOR SPOUSES AND OTHER FAMILY MEMBERS OF U.S CITIZENS OR LEGAL PERMANENT RESIDENTS
- GREEN CARDS FOR FAMILY MEMBERS CURRENTLY IN THE U.S.
- FAMILY SPONSORSHIP FOR PARENTS, SIBLINGS, & MINOR AND ADULT CHILDREN OF U.S. CITIZENS
Removal Defense and Waivers of Inadmissibility
U.S. Immigration law can be harsh beyond belief, for what may appear to some individuals as extremely minor occurrences or occurrences that happened many years ago. Immigration law does not distinguish between criminal convictions and some first offender dismissals or pre-trial diversion dismissals. Decades old convictions for minor offenses might not preclude acquiring U.S. citizenship, but can nevertheless make you inadmissible if you leave the U.S. and attempt to return. For Foreign Nationals wishing to come to the United States as tourists, students, or for employment, there can be unexpected lifetime impediments because of decades old theft, marijuana, or minor foreign convictions.
The RSC Immigration Law Group has successfully assisted clients in overcoming what may seem draconian measures of the U.S. government that can split apart families, disrupt employment opportunities, or thwart simple hopes and plans to vacation with family in the U.S.
TYPES OF RELIEF THAT WE CAN ASSIST WITH INCLUDE THE FOLLOWING:
- WAIVERS OF UNAUTHORIZED PRESENCE (I-601A, I-601)
- APPLICATION FOR PERMISSION TO REAPPLY FOR ADMISSION INTO THE U.S.(I-212)
- CANCELLATION OF REMOVAL (42A and 42B)
- FRAUD WAIVERS (I-601)
- CRIMINAL ACTIVITY WAIVERS (I-601)
- NON-IMMIGRANT WAIVERS FOR TOURIST OR OTHER SHORT TERM ENTRY APPLICANTS
U.S. citizenship can be acquired by birth in the United States or by birth abroad to a U.S. citizen parent. Citizenship can also be acquired through naturalization of Legal Permanent Residents through an Application process. In addition, individuals under the age of 18 can automatically acquire derivative citizenship under certain circumstances, when their parents obtain U.S. citizenship.
In many cases, children either born abroad or whose parents have naturalized are unaware that they are U.S. citizens. The Firm has assisted numerous clients dealing with these issues. Through its extensive experience handling citizenship and naturalization issues, the RSC Immigration Law Group simplifies the application process and expeditiously handles client issues and questions concerning the process.
TYPES OF CITIZENSHIP CASES HANDLED, INCLUDE THE FOLLOWING:
- NATURALIZATION APPLICATIONS OF FOREIGN NATIONALS
- DOCUMENTATION OF CITIZENSHIP BY BIRTH ABROAD TO US CITIZENS
- DOCUMENTATION OF ACQUIRED CITIZENSHIP BY MINOR CHILDREN OF NATURALIZED PARENTS
U.S. immigration law, in coordination with international law, provides humanitarian assistance to individuals fleeing persecution in their homeland. Protection is provided to those fleeing their home country or who are unable to return to their home country because of natural disasters or civil disturbances. U.S. law includes provisions to protect foreign nationals in the U.S. who are victims of crime, sex trafficking, or domestic abuse by U.S. citizens or Legal Permanent Residents. At various times, the U.S. government has provided humanitarian assistance through programs such as Deferred Action for Childhood Arrivals (DACA), deferred prosecution, and humanitarian parole. The RSC Immigration Law Group has steadfastly supported these programs and has succeeded in assisting clients in the pursuit of justice under these programs.
TYPES OF AVAILABLE PROGAMS INCLUDE THE FOLLOWING:
- DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA)
- TEMPORARY PROTECTED STATUS (TPS)
- ASYLUM & REFUGEE STATUS
- DEFERRED ACTION
- HUMANITARIAN PAROLE
- VIOLENCE AGAINST WOMEN ACT (VAWA)
- VICTIMS OF CRIME (U VISAS)
- VICTIMS OF SEX TRAFFICKING (T VISAS)
Visitors and Students
Student and tourist visas are the most commonly used visas to enter the United States. A tourist visa is issued by a U.S. Consulate and allows entry into the U.S. for up to six months. An individual that entered on a tourist visa can extend or change their status while in the U.S. Tourist visas are not to be confused with entry under the Visa Waiver program, also known as an ESTA entry. Under ESTA, you enter as a tourist, but you are not required to obtain a visa from a Consulate. ESTA Visa Waiver entries are offered to specific countries and allow entry based solely on a passport. Those entries are limited to 90 days and cannot be extended or changed to another status. ESTA entries authorize expedited removal from the U.S. without the right to appear before an Immigration Judge or to be bonded out of detention.
Student visas are issued for “duration of status”, with no set expiration date. Student status is good as long as you remain a full-time student in good standing. Frequent reasons for the revocation of student status include dropping below full-time status after the start of a semester or working without authorization while a student.
The RSC Immigration Law Group can provide assistance in regard to tourist visas and student visas issues in the following areas:
- Assist with consolidating initial application materials for a tourist visa
- Assist family members or friends in preparing for their consular interview
- Provide an initial evidentiary package to present to the Consulate or CBP
- Assist students with Optional Practical Training (OPT) issues
- Prepare and request applications for reinstatement to F-1 student status
- Prepare requests for emergency extensions of tourist stays for medical purposes
- Assist with requests to change status from a tourist to student status
- Initial enrollment in school and obtaining of initial student status.
The Department of Homeland Security, the U.S. Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), and local law enforcement task forces run aggressive civil forfeiture programs with the intent of seizing and forfeiting U.S. currency and other assets. Many of these seizures are completely unrelated to criminal proceedings, but can result in the loss of thousands of dollars from individuals who have never been charged or convicted of any criminal activity. Through his extensive government experience as an FBI Special Agent and a U.S. Customs Special Agent, Managing Partner Joseph H. Rosen has acquired experience in contesting these seizures and in substantially mitigating any penalties. Attorney Rosen relies on a network of former FBI, IRS, and DEA agents to expertly conduct investigations to contest such seizures and where appropriate to have seized funds returned to the rightful owner.