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IMMIGRATION

At the Spokane, Washington Law Firm of Robert C. Hahn, III, you will find a friendly, knowledgable staff familiar with family-based petitions, asylum petitions, naturalization, permanent residency, work permits and many other areas of the United States Immigration
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Immigration is a constantly changing area of law and Mr. Hahn takes the time and effort to ensure he is up-to-date on changes to the immigration law.

Immigration law is federal law which means that we are licensed to assist clients nationwide and even worldwide. The majority of immigration filings are done through the mail. This allows us to efficiently represent clients where they live and work.

Below are some explanations of visas which the Law Firm of Robert C. Hahn, III, prepares and files:

F2 Visa

An F2 visa may be obtained by an F2 visa holder’s spouse and minor children. An F2 visa holder may remain in the US as long as the F1 holder remains in legal status. An F2 visa holder may change his or her status in the US.

Employment

An F2 visa holder may not accept employment. He or she must obtain a work visa.

Study

An F2 visa holder may engage in full or part time study.

For whom is an F2 Visa appropriate?

Spouse and children of F1 visa holders who wish to visit or accompany the F1 visa holder to the United States.

What are the requirements for obtaining an F2 Visa?

The spouse and minor children accompanying an F-1 student are eligible for admission in F-2 status if the student is admitted in F-1 status. The spouse and minor children following-to-join an F-1 student are eligible for admission to the United States in F-2 status if they are able to demonstrate that the F-1 student has been admitted and is, or will be within 30 days, enrolled in a full course of study, or engaged in approved practical training following completion of studies.

K1 Visa

The K1 visa permits the K1 visa holder to enter the US for a 90-day period to marry the petitioner and apply for permanent residence (green card) and obtain a work permit. Once the visa is issued, the K1 visa holder has six months to enter the US for the purpose of marriage.

The K1 visa process is rather long and arduous. However, we will be happy to see you and your fiancé(e) through the process and make sure that things go as smoothly as possible. Mishandling of the K1 fiancé(e) visa application may result in lost time, visa denials or arrest and deportation of the fiancé(e) where the USCIS suspects fraud. If you are already married, then you may want to apply for a K-3 visa. Children of the K1 visa applicant may obtain a K2 visa to enter the US together.

For whom is a K1 Visa appropriate?

Fiancé(e) of a US citizen to enter the US and marry within 90 days.

What are the requirements for obtaining an K1 Visa?

US citizens who will be getting married to a foreign national in the United States may petition for a fiancé(e) classification (K1) for their fiancé(e). You and your fiancé(e) must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancé(e) in person within the last two years before filing for the fiancé(e) visa. This requirement can be waived only if meeting your fiancé(e) in person would violate long-established customs, or if meeting your fiancé(e) would create extreme hardship for you. You and your fiancé(e) must marry within 90 days of your fiancé(e) entering the United States.

You may also apply to bring your fiancé(e)’s unmarried children, who are under age 21, to the United States.

Family Based Green Card

A US citizen or permanent resident may sponsor their family members for permanent residency and/or US Citizenship. For immediate relatives of US citizens (spouses, parents and unmarried childreFamily Based Green Cardn under age of 21), the process is streamlined and all the paperwork can be filed at the same time. All others must undertake a three stage process:

  • The petitioner must file animmigrant petition for his or her relative;
  • The beneficiary must wait for animmigrant visa number to become available; and
  • If the relative may apply then apply for permanent residency and obtain a green card.

The filing of an immigrant petition does not give the beneficiary legal status. If the beneficiary wishes to wait for an immigrant visa number in the US, he or she must obtain a nonimmigrant family visa or work visa. Otherwise, the beneficiary must wait outside of the US.

For whom is a Family Based Green appropriate?

US citizens may sponsor:

  • An unmarried child under 21;
  • A husband or wife;
  • An unmarried son or daughter over 21;
  • A married son or daughter of any age; or
  • A parent, if the petitioner is 21 or older.

US permanent residents may sponsor:

  • A husband or wife; or
  • An unmarried son or daughter of any age.

What are the requirements for obtaining a Family Based Green?

The Immigration and Nationality Act allows for the immigration of foreigners to the United States based on relationship to a US citizen or legal permanent resident. Family based immigration falls under two basic categories: unlimited and limited.

Immediate Relatives of US Citizens (IR): The spouse, widow(er) and unmarried children under 21 of a US citizen, and the parent of a US citizen who is 21 or older. (Unlimited)

Returning Residents (SB): Immigrants who lived in the United States previously as lawful permanent residents and are returning to live in the US after a temporary visit of more than one year abroad. (Unlimited)

Family First Preference (F1): Unmarried sons and daughters of US citizens, and their children, if any. (23,400)

Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents. (114,200) At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters.

Family Third Preference (F3): Married sons and daughters of US citizens, and their spouses and children. (23,400)

Family Fourth Preference (F4): Brothers and sisters of United States citizens, and their spouses and children, provided the US citizens are at least 21 years of age. (65,000)

The immigration laws of the United States, in order to protect the health, welfare, and security of the United States, prohibit the issuance of a visa to certain applicants. Examples of applicants who must be refused visas are those who: have a communicable disease such as tuberculosis, have a dangerous physical or mental disorder, or are drug addicts; have committed serious criminal acts; are terrorists, subversives, members of a totalitarian party, or former Nazi war criminals; have used illegal means to enter the United States; or are ineligible for citizenship.

Political Asylum

Asylum is a form of protection that allows individuals who are in the United States to remain here, if they have been persecuted in the past or have a well founded fear of persecution in his or her home country based on race, religion, nationality, political opinion or membership in a particular social group.

Asylum applicants may apply for asylum even if he or she entered the US illegally or if he or she is in the US on an expired visa/I-94. Generally, asylum applicants mustapply for asylum within one year of their arrival in the US but there are several exceptions which will allow the filing of an asylum application after one year. After the asylum petition has been pending for 180 days, the asylum applicant may apply for a work permit.

Once the asylum petition has been approved, the applicant is an approved asylee. An approved asylee may adjust his status to a permanent resident (Green Card)and later obtain US Citizenship.

For whom is Political Asylum appropriate?

Foreign nationals in the US who are unable or unwilling to return to their home country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, or membership in a particular social or political group

What are the requirements for obtaining Asylum?

The burden of proof is on the applicant for asylum to establish that he has a credible fear of persecution. The applicant may qualify as a refugee either because he has suffered past persecution or because he has a well-founded fear of future persecution.

An applicant shall be found to qualify on the basis of past persecution if he can establish that he has suffered persecution in the past in his country of nationality or last habitual residence on account of race, religion, nationality, membership in a particular social group, or political opinion, and that he is unable or unwilling to return to or avail himself of the protection of that country owing to such persecution.

An applicant shall be found to have a well-founded fear of persecution if he can establish first, that he has a fear of persecution in his country of nationality or last habitual residence on account of race, religion, nationality, membership in a particular social group, or political opinion; second, that there is a reasonable possibility of suffering such persecution if he were to return to that country; and third, that he or she is unable or unwilling to return to or avail himself self of the protection of that country because of such fear.