Immigration law is the most complex area of federal law second only to tax law. The implications of making a mistake are enormous. If you file the case wrong, your immigration case could 1) take longer; 2) cost more; and 3) possibly result in your removal from the U.S. It is very difficult, if not impossible, to fix mistakes in immigration filings.

Your immigration status will decide whether you live and work in the U.S. with your family or are removed from the country. An experienced immigration attorney like those at the Immigration Law Group can help your case go faster, smoother, and without problems.

It is worth the fee to have the peace of mind that your case is being handled by a professional.

You do not mention whether your fiancée is inside or outside of the United States. If your fiancée is outside of the U.S., you have three options. First, you could apply to the Department of Homeland Security for a fiancée visa. This would allow your fiancée to travel to the United States and then you must be married here within 90 days of your fiancée's arrival. Once you are married, your then spouse would apply for legal permanent residency, which would give him/her permission to live and work in the U.S. Getting the visa issued can take as little as 6 months or up to two years. The average is 9 months. Processing times depend on a variety of circumstances but a common denominator is making a proper filing at the outset of the application, for which the assistance of an experienced immigration attorney is invaluable. The second option is for you to leave the U.S. and marry your fiancée in another country. You would then make application to the Department of Homeland Security for a spouse visa for your spouse. Once the visa is issued, your spouse would travel to the U.S. and make application for permanent residency. It takes about one year for this visa to be issued, but again, processing times vary depending on a number of factors. Finally, you could marry outside of the U.S. and then file an immigrant petition for your spouse. All of the processing would take place at the consulate in your spouse's home country and he/she would enter the U.S. on an immigrant visa with no need for secondary processing once he/she arrived to receive legal permanent residency. This process also takes at least one year to complete. There are pros and cons with each of the above options. An experienced immigration attorney can discuss with you which option fits your individual needs best.

If your fiancée is inside of the U.S., you can marry here in the U.S. and then your spouse can 'adjust status' to that of legal permanent resident. However, the process is not always as easy as it may seem. There are a number of requirements that your spouse must meet to be eligible to make this adjustment for legal permanent residency without leaving the U.S. It is a common misconception that one automatically becomes a legal permanent resident or citizen upon marriage to a U.S. citizen. This is not the case, and if your fiancée or spouse is not entitled to make the adjustment to legal permanent residency here in the U.S., his/her path to legal permanent residency could be fraught with bars from the U.S. or even removal. In many cases, it might not appear that your spouse is eligible for adjustment of status when in fact he/she is eligible. As with any aspect of immigration law, it is advisable to speak to an experienced immigration attorney like those at the Immigration Law Group before making any filings with the government.

If your sons are under 21 years old, they are considered immediate relatives of a U.S. citizen and it will take about nine months to one year for them to consular process and arrive in the U.S. on an immigrant visa.

If your sons are more than 21 years old, they are adult children of a U.S. citizen and would fall into the 1st (if unmarried) or 3rd (if married) preference categories, both of which carry a lengthy wait time (at least five years depending on country of citizenship) for visa numbers to come available.

In the meantime, it is difficult to arrange for them to come to the U.S. for a visit due to their pending immigrant visa petitions. However, obtaining a visitor's visa under these circumstances is sometimes possible. Remember that the issuance of a visa is discretionary and not mandatory.

You do not mention your sons' country of citizenship. Currently, 34 countries participate in the Visa Waiver Program which allows nationals of those countries to visit the U.S. for pleasure for up to 90 days. Visit the Department of State's Website for specifics on which countries are included and what the requirements are.

If your sons are nationals of a country that requires a visa to be issued to visit the U.S., they will need to apply for a B1/2 visitor's visa. Application can be made at the American Consulate nearest to their home. The required forms are the DS-156 and DS-157. Your sons must have a valid passport that will not expire in the next six months, and two passport style photos. The application should include the reason for the visit with an invitation from you. Supporting documents must stress the strong ties your sons have to their home country including a showing of ownership of property, a job, strong family ties, and a reason to return home. The financial ability to take the trip without having to work in the U.S. is also important. The biggest mistake people make is stressing how much they want to visit the U.S. What should be stressed is that the visit is temporary and that the person has very strong ties to their home country and intends to return there. Immigration assumes that people want to come and stay in the U.S. This is reinforced by the fact that an immigrant petition is pending for your sons. Stress that your sons have many reasons to go back home after their visit with you is complete.

As with any aspect of immigration law, it is advisable to speak to an experienced immigration attorney like those at the Immigration Law Group before making any filings with the government.

There are a number of requirements to becoming a U.S. citizen.

You must have legal permanent residency in the U.S. The card evidencing this status is frequently called a green card. If you acquired your residency through marriage to a U.S. citizen and you are still married to that citizen, you must have had your residency for three years (although you can file your application at the two year and nine month mark). If you acquired your residency through any other way, you must have had that residency for five years (although you can file your application at the four year and nine month mark).

The time indicated above is called the look back time, and during that time period you must be able to show good moral character. Any incident with law enforcement may cloud good moral character. You are also required to declare any arrests or charges that have been brought against you at any time when you apply for naturalization. If you have been arrested or charged with a crime at any time, you should see an immigration attorney prior to filing for naturalization because that circumstance may impact more than just your naturalization process.

During the look back time, you must also have continuous residence in the U.S., which means that you have had no trips outside of the U.S. for more than six months. You must also have 18 months or 36 months of physical presence in the U.S. (depending on whether you are using a three year or five year look back). Physical presence means physically being in the U.S.

Additionally, you must have resided in the district in which you are filing for the past 90 days.

Applicants for naturalization are required to take an English and Civics test. The English test requires applicants to read and write basic English. The Civics test requires applicants to understand the basic tenets of the U.S. system of government and answer 6 out of 10 questions correctly (there are 100 possible questions). The Civics test was recently changed and sample questions can been seen on the U.S. Citizenship and Immigration Services' website.

Some applicants are exempt from the test. Applicants who are 50 years old and have been legal permanent residents for 20 years or applicants who are 55 years old and have been legal permanent residents for 15 years are exempt from the English test and can take the Civics test in the language of their choice. Applicants who are 65 years old and have been legal permanent residents for 20 years are exempt from the English test and can take a simplified Civics test in a language of their choice.

Finally, all applicants must pledge their adherence to the Constitution of the United States.

As with any aspect of immigration law, it is advisable to speak to an experienced immigration attorney like those at the Immigration Law Group before making any filings with the government as there are exceptions to all of the rules listed above and some additional requirements.

Yes. Legislation has been passed, referred to as the AC21 or American Competitiveness in the 21st Century Act of 2000. (Public Law 106-313). The section is set forth in Section 106(c) referred to as 'portability' or in this reference 'changing employers' in an I-485 situation. Basically the rule is, (a) If the employment based I-485 has been filed and remained unapproved (but not specifically denied) for 180 days or more; and (b) the new job is in the same or similar occupation as that of the job described in the I-140 petition, then the beneficiary of the I-140 may change employers. A letter to USCIS notifying them of the change and a letter from the new employer are expected to be submitted at the time of the job change.

As with any aspect of immigration law, it is advisable to speak to an experienced immigration attorney like those at the Immigration Law Group before making any filings with the government as there are exceptions to all of the rules listed above and some additional requirements.

Yes. If the H-1B is placed at additional locations outside of one of the areas of intended employment listed on the original LCA, the general rule is that the employer must file a new LCA covering those new locations. If a new LCA is filed, the employer will also need to file an amended petition with the USCIS. There are some exceptions, most notably, if there is travel to a new location in which the employer already has an approved LCA covering other US workers filling the same position. (if all the slots on the preexisting LCA have been used for other employees, then the employer will need to file a new LCA).

So, most employers with a large number of H-1B workers have opted to file LCAs for every possible area of employment for every possible occupation. By so doing, one slot on the previously certified LCA can be used to support a transfer. An amended petition is not required in these cases since the employer is not filing a new LCA but is rather using an existing LCA to support the transfer of the H-1B to a new location. Sec 2:92

As with any aspect of immigration law, it is advisable to speak to an experienced immigration attorney like those at the Immigration Law Group before making any filings with the government as there are exceptions to all of the rules listed above and some additional requirements.

No. In Rajan v. International Business Solutions, Ltd., the ALJ stated that an H-1B nonimmigrant may not pay any part of the LCA filing fee, that the employer may not receive any funds from the H-1B nonimmigrant for any part of the filing fee, and that civil money penalties may be assessed against an employer for a violation of this regulation.

As with any aspect of immigration law, it is advisable to speak to an experienced immigration attorney like those at the Immigration Law Group before making any filings with the government as there are exceptions to all of the rules listed above and some additional requirements.

Maybe. Payment of a penalty by an H-1B employee for early termination is prohibited. However, liquidated damages are permitted under the law of the state which governs the contractual relationship between the parties. The DOL has the authority to determine whether a required payment is a penalty or liquidated damages under relevant state law. However, it is difficult to persuade the DOL that the payment is in fact liquidated damages and not a penalty.

As with any aspect of immigration law, it is advisable to speak to an experienced immigration attorney like those at the Immigration Law Group before making any filings with the government as there are exceptions to all of the rules listed above and some additional requirements.

Generally, under American Competitiveness in the Twenty-first Century Act of 2000 (also know as AC21), H-1B non-immigrants can receive extensions beyond the sixth year, if they have a pending labor certification and/or employment-based (EB) immigrant petition and/or an adjustment of status application. What this means is that in most cases a labor certification must be filed before the end of your 5th year.

AC21 104(c) (and its corresponding agency memos), however, allows H-1B nonimmigrants with approved EB petitions, who are unable to adjust status because of per-country limits, the opportunity to extend their H-1B nonimmigrant status in 3 year increments even if he or she has exhausted the six year maximum period of stay in H-1B classification. Therefore, to benefit from this provision, you must have a Labor Certification filed as soon as possible. Once the Labor Certification is approved, you must immediately file an EB immigrant petition (Form I-140) via premium processing (if available) in an employment based category that is currently backlogged. Whether you are eligible for such a category depends on your education and your country or origin. If you qualify, you will be able to file for the 3 year H-1B extension because of the backlogs.

As with any aspect of immigration law, it is advisable to speak to an experienced immigration attorney like those at the Immigration Law Group before making any filings with the government as there are exceptions to all of the rules listed above and some additional requirements.