Practice Areas

Law Offices of Arit Butani is dedicated to helping individuals, families and clients complete their unique immigration issue as successfully and efficiently as possible. Our legal services are available for the following matters:

Asylum

An alien who is found to be unable or unwilling to return to his or her country of nationality or who seeks the protection under United States laws for acts of persecution or well-founded fear of future persecution can seek asylum in the United States.

The following types of persecution may qualify a person for asylum status:
Race
Religion
Nationality
Membership in a particular social group
Political Opinion

Victims of domestic violence and human trafficking may be able to obtain temporary visas under the Violence Against Women Act (VAWA) and the Victims of Trafficking and Violence Protection Act (VTVPA).

Temporary Visas

There are various types of nonimmigrant visas for temporary visitors to travel to the United States:

Visitors’ visas

B-1 visa (Business Visa): this type of visa is for an applicant with financial capabilities intending to enter the United States for a temporary period of time for the sole purpose of engaging in limited business activities and establish that the applicant intends to leave the United States at the end of the temporary stay.

B-2 visa (Visitor Visa): if the purpose for the temporary visit to the United States are the following: recreational in nature, including tourism, visits with friends or relatives, rest, medical treatment, or other activities of social nature then a visitor visa (B-2) would be the appropriate type of visa.

Education visas

F visa (student visa): this type of visa provides students of foreign national opportunity to study in the United States, as well as work for one year to obtain practical training.

M visa: visas issued to vocational or non-academic students.

Employment sponsored visas and residence

Permanent Employment Visas

There are five different employment based categories of preferences under which green cards are issued:

EB-1 visas: For persons of extraordinary abilities in business, the sciences, the arts, athletics or education (L-1 visa holders may fall under this category);
EB-2 visas: For persons of exceptional ability in business, the sciences, the arts or professionals holding advanced degrees (H-1B visa holders with either a Bachelor degree plus 5 years of post-baccalaureate experience or Masters Degree plus 2 years of post Master experience may fall under this category);
EB-3 visas: For professionals that do not fall under the EB3 category and skilled/unskilled workers;
EB-4 visas: For persons with special skills, such as religious workers (R-1 visa holders may fall under this category) and foreign language interpreters; and
EB-5 visas: please see investors visa.

For monthly visa bulletins please visit: http://travel.state.gov/visa/bulletin/bulletin_1360.html

Temporary Employment Visas

H-1B visa: H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as, but not limited to architecture, engineering, mathematics, science, and medicine. Under this type of visa, US companies can employ a foreign worker for up to six years. The current quota for H-1B visas is at 65,000 per year and an additional 20,000 visas available for those with an advanced degree from a US academic institution.

H-2B visa: allows U.S. companies to lawfully employ foreign workers, on a temporary basis, for up to, but less than, one year, predicated upon the unavailability of U.S. workers and the seasonal, peak load, intermittent, or one-time need of an employer.

H-3 visa: H-3 visa is available for individuals who have been invited to participate in a training program in the United States. The training may be offered by a U.S. branch of their own company or by an unrelated U.S. company. However, the training must be unavailable in the worker’s home country. H3 Alien Trainees are allowed to stay in the USA for a maximum of two years.

L-1 visa: In order to be eligible for a L-1 visa, there must be a connecting link between the US employer, who is inviting the foreign employee to work in the US to the foreign company where the employee is presently working. The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States.  The L-1B nonimmigrant classification enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States.

O-visa: Persons with extraordinary ability and are known nationally or internationally in the field of science, education, art, sports, or other such disciplines are eligible for the O-visa.

P- visa: P-1 visas are meant for individual or teams athletes and members of an entertainment group that are internationally recognized. P-3 visa are meant for artists and entertainers coming to the United States to give a culturally unique performance.

R-visa: R-1 visa are available to person who has been a member of a Religious Denomination for at least two years and that person is planning to work as a minister of that denomination, or in a religious occupation or vocation for a bona fide, non-profit religious organization.

TN visa: TN visa allows citizens of Canada and Mexico, as North American Free Trade Agreement (NAFTA) professionals, to work in the U.S. in a prearranged business activity for a U.S. or foreign employer.

Investor visas and Residence

E-1 visa: this type of visa is available to nationals of qualifying treaty countries who undertake a significant amount of international trade with the United States. The volume of such trade must be sufficient to justify the trader or his/her employee(s) being in the United States to manage the trade that is at least 50% of majority of the trader's international trade must be with the United States. There is no set minimum level of trade which is considered sufficient, but obviously the lower the volume of trade the less likely one is to qualify as a Treaty Trader.

E-2 visa: this type of visa is available to persons from countries with bilateral investment, commerce, and navigation treaties with the United States. Persons who qualify will have made a substantial investment in a United States company, and wish to come to the U.S. to develop and direct the business operations of that enterprise.

EB-5: Under the 1990 Immigration Act, Congress set aside up to 10,000 visas per year for investors, who have invested, or are in the process of investing, lawfully obtained capital in a new commercial enterprise employing at least 10 full-time US workers. The amount of the investment must be at least 1 million dollars, unless the investment is to be in a “targeted employment area”, in which case the investment need only be $500,000.



Family sponsored Visas and Residence

Many people are issued immigrant visas on account of their relationships with U.S. Citizens or permanent residence (green card holders). Family sponsored immigrant visas are divided in two categories: unlimited family based visas and limited family based visas.

Unlimited Immigrant Visas: These types of immigrant visas are based on a close family relationship with a U.S. citizen, including spouses, children, and parents. Additionally, a U.S. citizen can sponsor a child adopted or to be adopted from abroad, if that child meets the definition of orphan as provided for in immigration law. Further, these types of visas are not restricted to any quota system.

Limited Immigrant Visas: Each year, 226,000 visas are issued under this category. These types of visas are generally issued to immediate relatives over the age of 21 of U.S. citizens and immediate relatives of lawful permanent residents (green card holders). There are four categories for family sponsored limited immigrant visas:

Family First Preference: for unmarried sons and daughters of U.S. citizens, and their children over the age of 21 of U.S. citizens;
Family Second Preference: for spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents;
Family Third Preference: for married sons and daughters of U.S. citizens, their spouses and children;
Family Fourth Preference: for brothers and sisters of U.S. citizens, and their spouses and children, provided the U.S. citizen is at least 21 years of age

Fiancé visa

K-1 visas: K-1 visas are issued to fiancés of U.S. citizens


Citizenship and Naturalization

At AB, we understand that the citizenship process is an important part of one’s life. We work closely in preparing the client for this crucial process, including the interview that one must successfully complete, in order to be able to attend the oath ceremony.

To become eligible for United States citizenship, a person must meet one of the following qualifications:

Lived as a legal permanent resident (green card status) for at least five years;

Lived in the U.S. as the spouse of a U.S. citizen for at least three years;

Lived in the U.S. for four years with asylum status; or

Have served in the U.S. military, are a legal resident and lived in the U.S. for three years.

Steps to obtain naturalized citizenship

1) An application for naturalization to become a United States Citizen has to be made by a lawful permanent resident;

2) USCIS will conduct an interview, which consist of a written exam; and

3) After successfully completing the interview, the applicant attends the naturalization oath ceremony.

There are several criteria that could prevent one from proceeding with the naturalization process. Before initiating the naturalization process, one must identify and take steps to deal with any issues that may prevent you from becoming a citizen.

Adjustment of Status and Consular Processing

Adjustment of Status

A procedure that allows an eligible applicant either in status or in certain situation an out of status applicant, to become a lawful permanent resident of the United States without having to go abroad and apply for an immigrant visa.

Consular Processing

A person living outside the United States who seeks a U.S. family or employment immigrant visa must undergo an interview with an official at a U.S. embassy or consulate.

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