2021 Versions Of The Bill

For the 2021-2022 legislative session, both the House of Representatives and Senate have introduced versions of the DREAM Act. The Senate introduced The Dream Act of 2021 (S. 264), and the House of Representatives introduced The Dream and Promise Act of 2021 (H.R. 6). The current version of the bill has passed in the House of Representatives. The bills differ, but their significant elements are generally the same. Both bills ultimately provide Dreamers an easier pathway to U.S. citizenship.

The Path To Citizenship

Before taking steps to qualify for citizenship, children must have graduated from high school or obtained a GED in the United States. Additional basic eligibility requirements include age requirements, the amount of time you have been present in the United States, and the time required to remain on conditional permanent residence. Unfortunately, it is not clear what these requirements will be until one of the bills passes.

After obtaining a diploma or GED certificate, there are three steps to obtaining full citizenship:

1. Conditional permanent residence,
2. Lawful permanent residence, and

Conditional Permanent Residence

To obtain conditional residence, you must either provide proof that you have qualified for DACA, or you must at least be enrolled in high school and not have any criminal convictions for certain crimes. If the DREAM Act passes, about three million people will qualify for conditional residence.

Lawful Permanent Residence

If you have already qualified for conditional residence, you can be eligible for permanent residency by showing that you have done at least one of the following:

• Attended at least two years of college,
• Joined the United States military, or
• Three years of work performance.

To prove any of the above, you must provide documentation showing that you are in school, are in the military, or were honorably discharged. There are exceptions for people if they have experienced hardships or if not receiving permanent residency would cause hardship. If the DREAM Act passes, about two million people would qualify for permanent residence.

Naturalization

After being a lawful permanent resident for five years, you can apply to become a U.S. citizen through the normal naturalization process.

Criminal History

Certain crimes may prevent you from obtaining citizenship under the DREAM Act. Felonies, domestic violence, multiple misdemeanors, and drug-related offenses can prevent you from obtaining citizenship. Generally, applications for citizenship can also be denied if the person is believed to be a threat to public safety or is involved in gangs. Both bills make an exception for crimes related to immigration status.

Because there are many rules regarding criminal history and immigration status, it is essential to speak to a qualified immigration attorney. Sometimes certain crimes can be waived during the application process, and you can still qualify for citizenship. If you have questions about how criminal history might impact your status under the DREAM Act, please contact The Justice Firm locally at (310) 914-2444 or our Toll-Free number at (866) 695-6714, or visit us on our website.

Differences Between H.R. 6 and S. 264

Although both bills offer more immigrant children the opportunity to become U.S. citizens, the bills differ in critical ways. The Senate bill applies to children ages 17 and under, while the House bill pertains to children ages 18 and under. The likely result is that three million Dreamers could qualify for conditional permanent residence under the House bill, while two million would be eligible under the Senate bill.

Another difference between the bills pertains to criminal convictions that would generally disqualify Dreamers from obtaining citizenship. The House bill makes exceptions for several crimes, including minor traffic offenses, some marijuana-related crimes, nonviolent civil disobedience, and domestic violence when the Dreamer was the victim.

The House bill also contains two additions to give Dreamers greater access to education and U.S. citizenship. First, any eligible Dreamers deported under the Trump administration would be allowed to apply for relief in their home countries. The second benefit of the house bill pertains to a 1996 federal law that penalizes states for offering in-state tuition to undocumented students. If the House bill passes, the law would be repealed, and U.S. states could offer in-state tuition prices.

The change to offer in-state tuition prices to undocumented students is significant considering the rising costs of higher education. Several states have not enacted legislation at the state level to allow undocumented students the in-state tuition cost. Thankfully, California is one of approximately 20 states that have passed legislation so undocumented students can receive the lower tuition cost.

Unfortunately, if the House bill passes, it would not impact states that have taken action against offering in-state tuition to undocumented students. The states of Arizona, Indiana, and Georgia passed their own state bills that disqualify undocumented students from receiving in-state tuition. The bill also does not impact any states that have or plan to create laws that ban undocumented students from attending public higher education institutions. Thankfully, there are very few states with this type of legislation.

DACA: A COMPROMISE

In response to Congress’s repeated rejection of the DREAM Act, former President Barack Obama started a Deferred Action for Childhood Arrivals program in 2012, usually referred to as “DACA.” Like the DREAM Act, DACA protects undocumented immigrants from deportation if they arrive in the United States as children. DACA does not grant legal status to anyone. Instead, it temporarily stops a governmental official, like a prosecutor, from starting a deportation proceeding.

Qualifying for DACA

Immigrants who arrived in the United States as children can be protected by DACA. If you hope to receive protection, you must apply and meet several requirements. The number of requirements might seem daunting, but they can be easier to understand when separated into three categories: Basic Requirements, Criminal History and Education, and Lawful or Parole Status.

Basic Requirements

If you wish to apply, you must meet the following criteria:

1. On June 15, 2012, you were under age 31;
2. You arrived in the United States before your 16^th birthday;
3. You have continuously lived in the United States since June 15, 2007;
4. You were physically present in the United States on June 15, 2012; and
5. You were physically present in the United States when you made the DACA request.

Although it is required that you have “continuously” lived in the United States since June 15, 2007, it does not necessarily mean that you can never have traveled anywhere outside the United States since that date. You must consult a qualified immigration attorney in California who can determine whether your travels outside the United States prevent you from applying for DACA.

You must provide documentation to prove your age and physical presence in the United States. Many documents can work, including passports, travel records, bank statements, birth certificates of children born in the United States, vehicle license receipts or registrations, apartment contracts, or mortgages. However, many other documents can also prove your age and presence in the United States.

Criminal History And Education Requirements

DACA cannot protect undocumented immigrants with certain crimes on their records, including:

• Felonies;
• Significant misdemeanors; and
• Three or more non-significant misdemeanors from different dates and different circumstances.

Felonies are crimes that are punishable by greater than one year in prison. If you have one or more misdemeanors on your record, the type of crime impacts whether you qualify for DACA.

Additionally, DACA requires everyone who qualifies to have an educational background or history in the United States Armed Forces. You must currently be in high school, be a high school graduate, have a General Education Development (GED certificate), or be a veteran with an honorable discharge.

Lawful Or Parole Status Requirements

Your legal status or parole status also impacts whether you can qualify for DACA. You must meet one of the following two criteria:

• You had never lived in the United States legally on or before June 15, 2012; or
• You were legally living in the United States or with parole status, but it expired by June 15, 2012.

Court Decision Adds Difficulty To DACA Application Process

Once you have your documents proving you qualify, you can fill out the application form online. When you apply for DACA, you are also required to submit an Application for Employment Authorization at the same time. It costs about $410 to file these applications.

On July 16, 2021, the United States District Court for the Southern District of Texas decided that DACA policies are illegal. The court determined that immigrants can still apply and file initial applications, but the government cannot grant the applications. The Biden Administration claims it will appeal the court’s decision so that immigrants can continue applying and receiving DACA protections. Over 650,000 applicants to the DACA program are waiting to see if their applications will be granted or denied.

Avoiding Immigration Scams

Unfortunately, many people want to take advantage of innocent immigrants by promising DACA protections. However, the scammers promising DACA protections usually ask for money and personal information. The result is that the immigrant and even the immigrant’s family have less money, possibly stolen identities, and no DACA protections. If you hope to receive DACA protections, it is essential to stay away from those who want to harm you or your family.

The truth about DACA protections is that only the federal government can tell you whether you can receive them. Otherwise, no person can make promises to you about DACA protections. Additionally, only government officials or websites such as U.S. Citizenship and Immigration Services or a qualified immigration attorney can provide information about DACA requirements and the application process. Individuals you do not know or are not part of a government organization or a law firm should not be filing DACA applications for you or your family.

Renewal Requests

If you have already applied and qualified for DACA protections, you can extend your stay in the United States. It is highly suggested that you place your renewal request four to five months before your current DACA expires. If you complete your renewal request on time, you will not have to provide as much information as you would if you were applying the first time.

If your DACA has expired for over one year and you wish to renew, instead, you will have to re-apply as though you were applying for the first time.

The court decision that prevents new applications from being granted does not apply to renewal requests. You can still file your renewal request and have it granted.

Hiring A California Immigration Attorney

Applying for DACA protections can feel overwhelming, but having an immigration attorney on your side can make the application process much simpler and quicker. If you have questions or are ready to apply, please contact The Justice Firm locally at (310) 914-2444 or our Toll-Free number at (866) 695-6714, or visit us on our website. Our immigration attorneys serve clients in Los Angeles, Riverside, Orange, Ventura, and San Bernadino counties.

Find out more about immigration in the U.S. and how the immigration lawyers at The Justice Firm can help you.

Types Of Employment Visas For Nonimmigrants

There are several employment visas for nonimmigrants, two of which include H-1B and H-2B visas. Unlike other visas, employment visas require employers, rather than foreign employees, to submit applications and complete a considerable amount of paperwork. Immigration law is known for being very complex, but the immigration attorneys at The Justice Firm have the experience to help employers file the correct paperwork the first time.

H-1B Visas For Specialty Occupations, Department Of Defense Research And Development Projects, And Fashion Models

As the name suggests, H-1B visas are required for specific foreign workers who have employment obligations in the United States for the following types of employment:

• Specialty occupations;
• Department of Defense (“DOD”) research and development; and
• Fashion models.

Specialty Occupations

To apply for an H-1B visa for a specialty occupation, the foreign employee must have theoretical and practical application of a type of highly specialized knowledge and a bachelor’s degree. Additionally, the jobs themselves must meet one of the following criteria:

• The job usually requires a bachelor’s degree or higher;
• The degree required by the job is usually found in the industry, or the job is so complex that someone can only do it with a specialized degree;
• The employer typically requires a degree for the job; or
• The knowledge required to complete the job’s duties is associated with a degree of some kind.

Employees must also have special education or a license to complete the specialized work.

Although specialty occupations usually require a bachelor’s degree or higher, the law makes room for specialty occupations that may not necessarily require a bachelor’s degree. In these cases, the employee must have the comparable experience required by the specific occupation.

DOD Research And Development

H-1B2 visas pertain to foreign employees who have work projects in research and development with the DOD, and the work is located in the United States. The employee must have a bachelor’s degree or higher. Additionally, the visa application requires one of the following:

• Verification letter from the appropriate DOD project manager for the particular project;
• General description of the employee’s duties on the project and dates of employment; or
• A statement with names of employees on the project with their dates of employment and names of employees whose employment on the project ended within the past year.

Like specialty occupations, research and development work with the DOD requires that employees have the education or skills needed to perform the job but may not necessarily require a bachelor’s degree or higher to have the necessary skills.

Fashion Models

H-1B3 visas pertain to specific foreign fashion models who have work obligations in the United States. To qualify for an H-1B3 visa, the model must meet the following criteria:

1. The job or services must require a fashion model of prominence; and
2. A model of distinguished merit and ability.

If you are a California employer in the Los Angeles, Riverside, Orange, Ventura, or San Bernadino counties and you would like to help a foreign employee work in a specialty occupation, DOD research, and development, or as a fashion model, the immigration attorneys at The Justice Firm can answer your questions about the visa application process.

Application Process For H-1B Visas

The application process for H-1B visas should not be underestimated. The process is typically time-consuming, lengthy, and includes the employer and potential employee working together to obtain the visa. Employers and potential employees must follow all steps, and completing them correctly the first time will significantly reduce the potential for delays and frustrations.

Employers’ Obligations

Applying for H-1B and H-1B3 visas requires the employer and employee to complete several steps. Employers must become certified by the Department of Labor. A certification requires employers to submit a Labor Condition Application. Employers provide several attestations regarding employee wages, working conditions, and strikes in these applications. The employer must either notify a union if it applies or post the certified application at the place of employment. H-1B2 visas do not require that employers become certified with the Department of Labor. Regardless of the visa type, the employer must file Form I-129 to U.S. Citizenship and Immigration Services.

Employees’ Obligations

Employees are required to complete two steps. Once Form I-129 has been approved, employees must apply for a visa with the U.S. Department of State at a U.S. Embassy or consulate in their home countries. Employees must also apply with U.S. Customs and Border Control for entry into the United States.

Length Of Stay And Extensions For H-1B And H-1B3 Visas

Fashion models and workers in specialty occupations are eligible to remain in the United States for up to three years, but stays can be extended to six years. Applying for extensions is similar to applying for an initial H-1B or H-1B3 visa. An employer is required to submit a new Form I-129 for each employee.

Extending beyond the six-year limitation is difficult and often limited to employees hoping to obtain permanent legal residence. Suppose you are an employer or current employee in the United States and would like information about obtaining permanent legal residency. In that case, it is best to consult a qualified immigration attorney to assist with the process.

H-2B Visas For Temporary Non-Agricultural Workers

The COVID-19 pandemic has led to a significant labor shortage in the United States. Like in many states, California employers are scrambling to find temporary workers to perform the jobs that U.S. employees cannot or choose not to perform. Hiring foreign employees has been a partial solution to worker shortage. However, the pandemic has led to other practical problems, including a severe backlog in reviewing and granting work visa applications. Many United States embassies and consulates worldwide temporarily closed their doors or reduced their hours, leaving many employers and potential employees unable to apply for work in the United States.

Although the backlog is being addressed, the process is slower than it otherwise would be under normal, non-pandemic circumstances. At The Justice Firm, our immigration attorneys are helping our California clients think ahead about their employment needs, which can reduce their wait times and fill their employment needs.

Showing Temporary Need

Unlike H-1B visas, H-2B visas can pertain to many more types of jobs. H-2B visas usually include labor-intensive but temporary jobs in the hospitality, construction, retail, and warehousing industries. If you are an employer, your job needs must meet several requirements before you can hire foreign workers. To apply, you must show that:

1. There are not currently enough U.S. workers available who are able, willing, or qualified to complete your job needs;
2. Employing foreign workers under an H-2B visa will not be harmful to U.S. employees in similar positions; and
3. Your job needs for foreign employees are temporary, even if the job itself is not temporary.

To show that your need for foreign employees is temporary, you must show that the need is either a one-time occurrence or that the work is seasonal. One-time occurrences include:

• Your job needs or work that is usually permanent, but a temporary event of short duration has created the need for a temporary worker; or
• You have not employed workers to complete the work in the past, and you will not need workers to complete the work in the future.

Examples of temporary jobs might include seasonal work at ski resorts, amusement parks, cabin resorts, summer camps, or construction projects in northern climates. Employers who usually have permanent jobs in places like restaurants, manufacturing plants, automotive or mechanic shops, and other service or labor-based industries can also use this type of visa to hire temporary workers.

Peak Load Or Intermittent Needs

Some employers may not define their work needs as “seasonal.” Instead, their needs might be associated with a peak load or intermittent needs. Employers with needs not qualifying as seasonal can show a “peak load” need must prove:

1. Permanent workers are typically hired for the type of work at the place of employment;
2. A need exists to supplement permanent staff due to the temporary needs; and
3. The temporary employees will not become part of the permanent staff.

To prove intermittent needs, an employer must show that:

1. The employer has not typically hired full-time or permanent staff to complete the work; and
2. Temporary workers are occasionally needed to perform a particular job.

Confusing Agricultural With Non-Agricultural Work

H-2B visas give employers considerable leeway to apply for foreign employees if the work is temporary. As the name implies, H-2B visas do not apply to agricultural jobs. It can be challenging to determine whether a job requires an H-2B visa or another employment visa. If you are an employer and are unsure which visa applies to your job needs, don’t hesitate to contact The Justice Firm locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714 or visit us at our website. Our immigration attorneys serve clients in Los Angeles, Riverside, Orange, Ventura, and San Bernadino counties.

Requirements For Employers Before Seeking Foreign Workers

The United States federal government prefers hiring U.S.-based employees rather than foreign employees. Because of this, the Department of Labor has additional requirements for employers before they can recruit foreign employees. These requirements ensure that there are not already U.S. employees available to fill the employer’s current needs.

A brief list of these additional requirements includes:

• Accepting U.S. worker referrals until 21 days before the date of employment needs;
• Phone interviews for both foreign and U.S. employees, if the employer requires an interview;
• Providing a detailed recruitment report to The Office of Foreign Labor Certification. The report must include the names and contact information of all U.S. applicants, whether they were accepted or rejected for the position, and work-related reasons for rejections;
• Extensive rules with advertising generally and in newspapers;
• Obligations to contact former U.S. employees before hiring H-2B workers; and
• Obligations to bargaining units if the job is normally guided by a union.

Although the above list may seem tedious, employers who do not follow the laws and regulations under the Department of Labor are subject to penalties. To avoid problems with the law, it is best to follow the requirements and submit all necessary documents correctly the first time.

Application Process For H-2B Visas

As with H-1B visas, California employers and potential foreign employees have steps to complete before an employee can be admitted into California or the United States for work.

Employer’s Obligations

Before the employee can take any actions, a California employer must apply for a temporary labor certification with the U.S. Department of Labor. After receiving the certificate, the employer must submit Form I-129 to U.S. Citizenship and Immigration Services.

Employees’ Obligations

Employees are required to complete two steps. Once Form I-129 has been approved, employees must first apply for a visa with the U.S. Department of State at a U.S. Embassy or consulate in their home countries. Second, employees must also apply with U.S. Customs and Border Control for entry into the United States. In countries where H-2B visas are not required, employees only need to seek admission into the United States at a Customs and Border Control place of entry.

Period Of Stay

The labor certification generally determines the length of an employee’s visa. However, H-2B visas can permit employees to remain in the United States for up to three years. After three years, the employee must leave the United States for at least three months before returning to the United States under a new H-2B visa.

Hiring A California Immigration Attorney

If you are ready to apply for a visitor visa or are an employer trying to help an employee obtain a visa, please contact The Justice Firm locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or visit us at our website. Our immigration attorneys serve clients in Los Angeles, Riverside, Orange, Ventura, and San Bernadino counties.

Discover more on immigration and how The Justice Firm immigration lawyers can help you.

Types Of Visas For Nonimmigrants

There are several types of visas for nonimmigrants, two of which include B-1 and B-2 visas. Both visas allow travelers to lawfully remain for up to six months in the United States.

B-1 Visas For Temporary Business Visitors

As the name suggests, B-1 visas are used for foreign visitors who need to address business activities in the United States. “Business activities” can include:

• Meeting with business associates;
• Traveling for a convention or conference on specific dates;
• Settling an estate;
• Contract negotiations;
• Participating in training activities for work; and
• Transiting or deadheading through the United States.

Although “business activities” can seem like a broad category, you will still be obligated to apply and prove that you plan to enter the United States for business and ultimately intend to leave. A B-1 visa application requires proof of the following information:

1. Your trip must be for business activity;
2. The business activity must be legitimate (legal);
3. You have enough money to cover the costs of the trip;
4. A home outside the United States and ties to a community; and
5. There is no other reason preventing you from entering the United States.

Suppose you are a California employer in the Los Angeles, Riverside, Orange, Ventura, or San Bernadino counties and are looking to host a foreign employee. In that case, the employee may meet the qualifications for a B-1 visa. The immigration attorneys at The Justice Firm can work with you and answer questions about the visa application process.

B-2 Visas For Tourism And Medical Treatment

Every year, the United States welcomes millions of visitors. Some visit for school, work, and business, but others travel simply to enjoy tourism. Individuals from other countries travel to the United States for medical care in other situations. In addition to seeking medical care and tourism, B-2 visas are required for activities including:

• Vacations (holidays);
• Visits with family and friends;
• Social events for service organizations, fraternities, or other social groups;
• Unpaid participation in performances or contests; and
• Participation in short recreational classes.

You must also provide proof that you have the financial ability to pay for your trip and intend to leave after your visa expires. B-2 visas cannot be used to take classes for credit at universities, colleges, or trade schools.

Combination B-1/B-2 Visas

If you are traveling for business, especially for an extended period, you will likely want to do more with your time than just business. Even if you are traveling for a few days, you may wish to visit as many sites as you can while in a specific region of the United States. The visitor visa application includes both B-1 and B-2 options. If you wish to apply for both simultaneously, the application allows you to do that.

Length Of Stay And Extension Requests

Once you receive your visa, it is valid for ten years. However, this does not mean you can remain in the United States for ten years. Although your initial visa term can only last six months, you can apply for an extension using Form I-539. If your application is approved, you can remain in the United States for six more months. After one year, you must leave the United States. You can return to the United States within ten years, so long as you do not remain longer than six months without requesting an extension.

In addition to filing form I-539, an application for an extension requires that meet the following requirements:

• Your current visa has not expired;
• Avoidance of criminal activity that impacts eligibility;
• Avoidance of violated conditions of your stay; and
• Your nonimmigrant visa status remains the same.

If you would like to extend your stay but picked up criminal charges or have had poor experiences with immigration officials, please contact the Justice Firm locally at (310) 914-2444 or our Toll-Free number at (866) 695-6714, or visit us at our website.

The fee to apply for an extension for visitor visas is $370. Additionally, an extension will likely require you to complete a biometric screening for an additional cost. A biometric screening keeps track of all persons in the United States with visitors. Screenings include fingerprinting, taking your photograph, and a security check. If you are traveling with a spouse or children who want to extend their visas, they may also need to complete biometric screenings.

Considerations Before You Apply

Where To Apply

You must apply for a United States visitor visa in your home country. Because each country has its own procedure, you must contact the U.S. Embassy or Consulate in your home country for your application’s exact steps and deadlines. Regardless of where you live, a visitor’s visa requires an application, Form DS-160, to be filed online. After you complete the application, you may be required to complete an interview, depending on your age. If you are between 14-79, you will likely need to complete an interview. Individuals between ages 13 and younger and 80 and older typically do not have to complete an interview. After submitting your online application form, print it and have a physical copy available at your interview.

Interviews are completed at U.S. embassies and consulates. The wait time can vary depending on the country. Ideally, the embassy or consulate in your home country will complete your interview. Otherwise, scheduling an interview in a different country can cause delays. Regardless of where you live, apply and schedule your interview as early as possible to avoid frustrating delays.

Although immigration attorneys in the United States cannot attend interviews in foreign countries, the attorneys at The Justice Firm can prepare documents and communicate with the embassy or consulate in your home country.

Traveling With Family

If you are traveling to the United States for business, especially for a more extended period, it is understandable that you might want to bring your spouse and children. Each family member must file a separate B-2 visa application if this is the case. Unlike other forms of immigration, you cannot add your spouse or children as dependents on your application.

Perhaps you have a trip planned to the United States, and your family wants to join you at a later time. There is no requirement that your family travels with you. As long as each person applies separately, your family members can use their visas to visit at any time. Of course, they are still limited to a six-month stay unless they receive an extension.

Limitations For Visitor Visas

Although visiting the United States for tourism and business offers unique opportunities, they have a few limitations. If you hold a B-1 or B-2 visa, you cannot participate in these activities:

• Take classes or study;
• Work or find employment;
• Be paid for a professional performance;
• Work as a foreign journalist or other foreign media;
• Seek permanent residence; or
• Arrive as a crew member on a ship or aircraft.

Additionally, it is not allowed to seek a visitor visa purely to give birth and attain U.S. citizenship for the baby.

For information on obtaining student visas, employment visas, or permanent residence, please contact The Justice Firm locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or visit us on our website.

Passport Expiration Date

If your passport expires during your visa’s 10-year period, you do not necessarily need to apply for a new visa. Generally, you can travel with your old and new passports if you renew your passport. The visa attached to your old passport can connect to your new passport. The country that issued the old passport should be the same country that issued the new passport.

Some countries will allow you to transfer a visa from an expired passport to a new visa. Because not all countries do this, it is best to think about expiration dates well in advance to avoid frustrations with your travel plans.

If you know that your passport will expire while in the United States, it is best to know how long it will take you to obtain a new passport. Because you cannot reside in the United States after your visa expires, traveling back to your home country with an expired visa and expired passport would likely create significant problems for your current and future travels. Thinking ahead will probably save you months of frustration.

Overstaying Your Visa

The consequences of remaining in the United States after your visa has expired can be severe. If you overstay your visa, it is unlikely that you can extend your stay, and your visa can be revoked. Additionally, an expired visa can significantly harm your ability to change from “nonimmigrant” status to “immigrant” status. If you had long-term plans to become a U.S. citizen, an expired visa would likely make that more difficult.

Visa Waiver Program

The United States allows 40 countries’ citizens to travel to the United States for business and tourism activities without a visa. In the Visa Waiver Program, most citizens and nationals of these countries can remain in the United States for up to 90 days. In exchange, American citizens can travel to those countries for business and tourism for a similar length of time. The waiver program does not apply to individuals visiting California or the United States to work or student at a college or university.

Avoid Immigration Scams

Unfortunately, people and illegitimate businesses prevent individuals from safely and legally obtaining visas. These “scammers” often promote their fake businesses online and offer promises and guarantees for visas. Online scammers typically require payment of a fee and your personal information. The potential consequences can be disastrous, including identifying theft and losing money for the fake fee.

Online or even in-person sources who make promises, guarantees, or claim to have connections to government officials are unlikely to be legitimate or trustworthy. The truth is that only the United States Citizenship and Immigration Services (“USCIS”) can admit or deny your application. No individual or website source can obtain a visa quickly once you apply.

When looking for guidance on applying for a visa, it is essential to use reputable sources. Government organization websites like USCIS, the Department of State, and qualified immigration attorneys can answer your questions about the application process and give you advice about obtaining a visa.

Hiring A California Immigration Attorney

If you are ready to apply for a visitor visa or are an employer trying to help an employee obtain a visa, please contact The Justice Firm locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or visit us at our website. Our immigration attorneys serve clients in Los Angeles, Riverside, Orange, Ventura, and San Bernadino counties.

Learn more about immigration law and how The Justice Firm’s immigration lawyers can help you.

Who Can Support Ukrainians And Their Families?

If you decide you would like to apply to become a supporter of a Ukrainian citizen or family, you must fill out and submit an I-134 Form. Uniting for Ukraine requires supporters to have the financial ability to provide aid to Ukrainians, so the Form will require you to provide proof that you have the necessary financial resources. Proof of financial ability will require you to show that you can support the person or family for up to two years. Having “financial ability” does not mean you need extraordinary resources and unlimited money. It does mean that you should consider whether you can ensure the following needs are met for the individual or family:

• Receive the individual or family when they arrive;
• Transport them to their initial housing and provide for initial basic needs;
• Appropriate housing and healthcare needs are available for the duration of the stay;
• Assist with social security card (if applicable) and employment authorization; and
• Finding English language or other education courses; enrolling children in school; finding employment; assisting with other program eligibility.

You and other supporters must be located in the United States and also be at least one of the following:

• United States citizens or nationals;
• Lawful permanent or temporary residents;
• Conditional permanent residents;
• Nonimmigrants in lawful status;
• Refugees, Asylees, or Parolees;
• Beneficiaries of deferred action or Deferred Enforced Departure; and
• Temporary Protected Status holders.

If you would like to help Ukrainians and are unsure of your status or whether you could financially qualify, please contact The Justice Firm locally at (310) 914-2444 or Toll-Free at (866) 695-6714, or visit us on our website. Our immigration attorneys serve clients in Los Angeles, Riverside, Orange, Ventura, and San Bernadino counties.

Who Can Come To The United States?

Uniting for Ukraine has several eligibility requirements for Ukrainians interested in coming to the United States. Ukrainian citizens qualify if they:

• Possess a valid Ukrainian passport;
• Currently live outside the United States;
• Lived in Ukraine immediately before the invasion;
• Were forced out of their homes or otherwise displaced because of the invasion;
• Have a supporter in the United States who has filed an I-134-Form; and
• Pass a security check.

Immediate family members can also qualify, even if the family members are not Ukrainian. Eligibility for immediate family members can be a:

• Spouse or common-law partner of the eligible Ukrainian citizen; or
• Children who are unmarried and under age 21.

Spouses or common-law partners are also required to have valid passports.

Immigration Attorneys In California

When you are ready to learn more about Uniting for Ukraine or other programs that serve immigrants, please call The Justice Firm locally at (310) 914-2444 or Toll-Free at (866) 695-6714. With offices located in Norwalk, Los Angeles, Beverly Hills, and Woodland Hills, California, we are ideally situated to serve you where it is convenient for you. Our immigration attorneys serve clients in Los Angeles, Riverside, Orange, Ventura, and San Bernadino counties.

Learn more about immigration and applying for legal residency in the United States.