Directory websites are websites that have listings of attorneys, and while they might look good to the searcher, the chance of finding an experienced immigration attorney is low. What happens with this type of website is one of two things; either the attorneys pay a fee to be listed and the highest paying lawyer will receive the information provided by the visitor. This does not mean that they specialize in immigration law or that they are located in the same location. The other type of directory website is the kind that depends on advertising to make a profit. This website, some attorneys might not even know that they are listed. These types of websites have no guarantee that an experienced immigration law expert will ever contact the person that needs immigration help. If they do there is no way to know if quality representation will be provided and if they are located anywhere near the website searcher.

The one way to ensure that the experienced Colorado immigration lawyer is found that knows all of the rules, regulations and changes in immigration law is by using a specific search. This would be a search that has “Colorado immigration lawyer, immigration lawyer Colorado, Colorado immigration attorney, immigration lawyer Colorado.” This will then cause the search engine to bring up the immigration legal professionals in the state or that practice locally. Then it is possible to find quality legal immigration help, using the internet. This is as long as the directory websites are passed by. These sites are not setup for the individual that is searching for immigration legal help or to provide even the right type of lawyer, it is all about making profit and usually from the highest paying attorney wanting to have a way to generate leads. This is a waste of time, waiting for the attorney to make contact, only to find out they do not practice immigration law or are clear across the country. The safe bet is to search for the local immigration legal specialist, whether there are immigration lawyer questions about applying for a specific visa or renewal of a visa.

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The employer that sponsors foreign workers are required to fill out and file forms with the USCIS prior to the foreign worker applying for the visa. They often have questions about the application or other documents that are necessary to file in order to obtain the certification. Then there are issues that can occur with the visa applicant, like completing the temporary or seasonal work early, or being terminated. Then the employer will be required to notify the USCIS officials. When there are questions the employer can consult the Colorado immigration lawyer to ensure they understand the rules and regulations that will be required for them to follow.

Immigration lawyer help can be the difference between having a clear understanding about the immigration and nonimmigrant process. Not filing the proper documents with an application can be a reason for USCIS officials to deny the application or to receive communication in the form of a letter stating what documents are missing or what errors need to be corrected on an application. This can hold up approval of a citizenship application, green card or visa renewal process for months. In some cases the applicant does not have months to wait when renewing a visa and could be required to leave the country, if it is not approved prior to the expiration of their current visa.

The other petitioner that may have immigration lawyer questions to ask, is the religious organization that would like to sponsor a nonimmigrant religious visa worker. The rules and regulations for this type of visa, which is an R-1 visa have changed considerably and continue to have changes made. At one time this was a rather easy visa to obtain and many cases of fraudulent visa applicants were discovered. This caused major changes in the regulations for both the petitioner and the nonimmigrant religious worker. The immigration attorney Colorado expert will be able to explain the changes in the regulations involving the R-1 visa for the religious worker and the process for both the petitioner and the worker that will file an application with the U.S. Embassy or consulate in their country.

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There are rules that this type of employment must meet in order for the petition to be approved, which includes:

• The employer must require specific types of criteria for the specialty occupation.
• The position should require a bachelor’s degree, a higher degree or the equivalent as the minimum entry requirement for education for the position.
• The required degree is normally will be needed for this type of job in the industry or due to the complexity of the position it can only be performed by degree holder.
• It is normal policy for the employer to require a degree or equivalent for the position the H-1B visa holder is being petitioned to fill. The duties that are required are either specialized or complex and will usually require a bachelor’s degree or higher.

The H-1B Visa Applicant Requirements

The H-1B visa applicant must be qualified to accept the specialized position or job offer that the employer petitioned. This will mean meeting the immigration criteria:

• The specialized visa applicant must have completed a U.S. bachelors degree or higher, from an accredited university or college.
• Holding a foreign degree, it must be the equivalent to a United States bachelor degree or higher to obtain the visa for the specialty occupation.
• An unrestricted state license, registration or certification must be authorized for the specialty occupation to work or practice the specialty duties in the intended state of employment.

The employer that is a petitioner or the specialized employee that holds an H-1B visa that needs accurate information about this application process with the USCIS can receive the advice they need from the Colorado immigration lawyer. The immigration attorney Colorado stays current on all of the rules and regulations for visa petitions and visa applications, including any changes in these regulations.

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The nonimmigrant visa is mainly for individuals that are visiting or that are a foreign worker for a temporary or seasonal position. This is a type of visa that a student or individual who will have special training would apply for, such as the J-1 Wavier and visa that is for medical professionals to work and train in the U.S.  These visa holders are able to apply to the USCIS for extensions to lengthen the time they are able to remain in the United States, but cannot become a permanent resident with this class of visa. The immigrant visa applicant is different, this is the individual that could be a fiancé or wanted to immigrate to the United States and at some point become a permanent resident or apply for citizenship. Another type of visa is for the investor that would like to open a business in the United States and employ Americans in their business.

Anyone applying for a visa will have questions and those questions will be the same if they need to apply for an extension or renew their visa. This is when there are immigration lawyer questions to ask that will need answers about the USCIS process. Any issues with the United States Customs and Immigration Service can be overwhelming for the individual and the legal advice can prevent errors in the application and document submission process.

In some cases the individual with questions for the immigration lawyer Colorado expert, is the family or employer that has filed a petition or is attempting to file a petition to be approved by the USCIS to bring a foreign national to the U.S. In this instance the petitioner must file the proper form and have it approved prior to the foreign national applying for a visa at a U.S. Consulate or Embassy in their country.

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The Application and Eligibility Requirements

The application process begins with the U.S. citizen must file a Form I-129F, Petition for Alien Fiancé. To be eligible to file the Form I-129F to the USCIS:

1. The petitioner must be a U.S. citizen.
2. The petitioner and their fiancé plan to wed within 90 days, from the time the foreign fiancé enters the United States.
3. Both parties must be legally free to marry, if either party has had a prior marriage it must either have been annulled or there must have been a legal divorce that is completed. The party is a widow or widower, meaning the prior marriage was terminated by death of the spouse.
4. The petitioner and fiancé had to have met at least once within the past 2 years before filling the Petition for Alien Fiancé. There are two exceptions to this rule the USCIS will accept.
   1. If meeting the fiancé prior to the wedding would violate long established customs, foreign culture and social practices or if the requirement to meet would be an extreme hardship.

The visa that will be issued to the fiancé after the petitioners application is approved by the USCIS, will be a K-1 nonimmigrant visa. This type of visa will permit the fiancé to enter the United States and requires that the marriage take place within 90 days. Once the marriage takes place, then the new spouse will be able to apply for permanent residence. The spouse will be permitted to remain in the United States, while the application for permanent residence is processed by the United States Customs and Immigration Service. Once approved, the new spouse will receive a green card, allowing them permanent residence in the United States.

When the Wedding Does Not Take Place

When the wedding does not take place within the 90 day time limit or if the wedding is put off and may not take place at all, the K-1 visa holder will be required by immigration laws to leave the United States. If they do not leave then they will be in violation of the immigration regulations for the K-1 visa holder, which could affect them being approved for a visa again. There are no extensions for the K-1 visa.

The Fiancé with Children

When a K-1 visa applicant has minor children, under the age of 21 and who are not married, the child or children will be required to have a K-2 nonimmigrant visa. The U.S. citizen that is the petitioner will be required to include the names of their fiancé’s children on Form I-129.

As a petitioner it can be overwhelming being involved in filing forms to the USCIS and with the legal experience of the immigration lawyer Colorado assisting, it can be less stressful. The Colorado immigration lawyer can assist the fiancé in filing Form I-756 Application for Employment Authorization, if the foreign fiancé would like to begin working after entering the United States, prior to the wedding.

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The petition must be for employment that will be at least part-time, which is 20 hours a week and for employment that cannot be filled by American workers. The reasons they cannot be filled maybe the type of work involved in the position or the type of labor. The immigration lawyer Colorado specialist can explain in detail what the USCIS regulations are for bringing a nonimmigrant worker or religious worker to the United States. The petitioner of the foreign worker will have specific responsibilities they must follow and notify USCIS officials, if the visa holder does not report for work by the specified time that was agreed too or the date on the petition. They are to be notified if the worker does not show up for work for a period of 5 days or if they are terminated. There are other reasons that the petitioner may be required to notify the United States Customs and Immigration Service officials, which the immigration attorney Colorado advice can be helpful.

Employers that file a petition for foreign workers are not the only ones that may have legal questions. The nonimmigrant visa holder will have one year time limit on their visa, but they are permitted to file an extension application with the USCIS. This visa holder could have questions about this process of filing the application and documents that must be submitted. The experience and knowledge of the legal expert can make the process easier and avoid costly errors. The nonimmigrant visa holder may also have questions about their ability to obtain a green card or permanent resident in the United States. This can be confusing to the foreign worker, since they may be required to leave the United States in order to apply for a green card, due to the rules and regulations of the nonimmigrant workers visas. The Colorado immigration attorney can advise the foreign worker how this process of obtaining an immigration green card would work in their situation.

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