Dominyka Netchiounas P.A. - Immigration and Business Law in Tampa, FL



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FAQ

The materials contained in this web site are provided for general information purposes only and do not constitute legal or other professional advice. The reading or use of materials contained in this website does not create an attorney-client relationship in any manner.

The hiring of a lawyer is an important decision that should not be based solely on advertising. Before you decide, ask us to send you free written information about our qualifications and experience.


Family Based Immigration
  Who can sponsor?
Immediate relatives can sponsor a family member to become a permanent resident (green card) in the United States.
  Who is an immediate relative?
An immediate relative is a spouse, mother, father, child over 21 years of age, sister, brother.
  What is the difference between various classes of immediate relatives?
Visas are issued based on the visa availability for various preference categories. Your relationship to your relative determines which preference category you would qualify for and whether a visa is immediately available or whether you are required to wait for a visa to become available. Generally, visas for spouses are available immediately while visas for a brother or a sister may take up to several years to obtain. Therefore, thorough planning is important and you should contact either an immigration attorney or USCIS to find out various wait times on visas.
  What happens if I have a marriage based petition pending and I am getting divorced?

This will depend on what stage your application process is in. In some cases you may still be eligible to complete your process. This may be a fairly complicated procedure that will require additional documentation from you and your spouse and you should seek legal counsel to ensure the best outcome for all the parties involved.

  I married a US citizen, does that automatically make me a legal US resident?
No. Marriage to the US citizen only grants you an ability to apply for permanent residence (green card) and ultimately U.S. citizenship. However, it does not automatically make you a lawful permanent resident. In fact to avoid any problems with employment, social security number, foreign travel ability, it is very important to file all the appropriate petitions in order to receive all the benefits of living in the US as well as to avoid many of the potential problems of remaining in the US while in an illegal status despite your marriage to the US citizen. In addition, the entire process may take anywhere from a year to two years or more to complete, therefore it is essential to begin the process as soon as possible.
 
Employment Based Immigration
  What types of employment based immigration is there?
There are numerous employment based visas available to immigrants. There are visas based on specialty occupations, visas specifically for artists, entertainers, athletes, agricultural employment, skilled and non-skilled labor, intracompany transfers. In addition you may qualify for an exchange J-1 visa program, au pair program and numerous others. Some the more popular visas are discussed below.
  What is an H-1B visa?
An H-1B visa is an employment based visa. This type of visa requires for a U.S. employer to sponsor the immigrant employee for this visa. The minimum requirements are that the immigrant has at least a Bachelor's Degree or its equivalent, that a U.S. employer is willing to sponsor you and that a visa is available.
  What is an L-1A visa?
An L-1A visa is a visa used for intracompany transfers. In this case a related company abroad can transfer someone who is in a managerial or executive position with the company to the related company in the U.S.
  Can I change employers while in H-1B status?
Generally yes. However you should consult with an attorney before transferring to ensure that the transfer does not disqualify you from acquiring an appropriate visa as well as to find out what steps your new employer will need to take to continue your visa sponsorship.
 
Investment Based Immigration
  Who can qualify ?
In order to qualify for an investment based visa, you must be a citizen of a country with which United States has either an investor or trader treaty. You will then need to acquire either an existing U.S. business or open a new business that fits the treaty category of a qualifying business.
  How much do I need to invest?
The amount invested will depend on the nature of your business. In many instances, cases are judged individually.
 
Student Visas
  How long does a student visa last?
The student visa will last for as long as you are a full time student in a qualified study program.
  Can I work while I'm a student?
Yes. You may get an employment authorization either for part time work as a result of hardship, or for post study training programs.
 
Citizenship
  Why become a citizen?
U.S. citizenship not only offers you voting privileges and a voice in the government, it also offers greater protections against revocation of your status as a U.S. resident.
  Can I have dual citizenship?
In some cases, yes.
   
Business in United States
  Who can own a business in the U.S.?
Anyone can own a business in the U.S. Currently there are no restrictions on pure ownership. However, if you do not have employment authorization, it may not be legal for you to work in that business.
  What are the requirements?
To determine the type of business entity that is best for you, including help with taxes, licenses and basic business filings, you should contact an accountant.
  If I am currently on an H-1B visa, can I also open a business?
Yes, however your H-1B visa only permits you to work for your employer.
   
Other
  Why hire an attorney?
Immigration is becoming an increasingly complicated process and many petitions get rejected on mere technical errors, failure to file all the correct forms or provide proper documentation. In many instances this means that the immigrant may not have any further recourse to remain in the US legally. Immigration attorneys stay current on all the laws and changes to the laws and are there to ensure that all the documentation is properly prepared and executed and the best immigration options are taken for their clients.


The materials contained in this web site are provided for general information purposes only and do not constitute legal or other professional advice. The reading or use of materials contained in this website does not create an attorney-client relationship in any manner.

The hiring of a lawyer is an important decision that should not be based solely on advertising. Before you decide, ask us to send you free written information about our qualifications and experience.

© 2005 Dominyka Netchiounas. All rights reserved.
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