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We provide guidance & representation

Immigration Law
& other business related legal services

to individuals and companies

Immigration
Law

Corporate
Law

US-MX Business
Transactions

Maria Fitzmaurice

Immigration attorney

Licensed by the Supreme Courts of both the State of Texas and the State of Louisiana

She has a Master of Law degree (LLM) from St. Mary’s University School of Law, where she focused on American Legal Studies. Additionally, she holds a Law Degree (LLB) from Universidad Autónoma de Ciudad Juarez (UACJ) in México.

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Different types of

Immigration Law

We are the representatives you need!

General Information

Naturalization and Citizenship

In general, you may apply for U.S. citizenship if you:

    1. Are over 18 years of age.
    2. Have been a permanent resident for five years (or for three years if you have been married to a U.S. citizen during that time).
    3. Can read and write basic English.
    4. Demonstrate knowledge of U.S. history, U.S. government and the U.S. Constitution.

Special eligibility rules apply for certain members of the U.S. armed forces. Permanent lawful residents over the age of 50 may qualify for a waiver of the English language requirement depending on the length of their legal residency in the U.S.

Family-based immigrant visas and green cards

Immediate family members include spouses, unmarried minor children, and parents, any of whom could be immediately eligible for a family-based immigrant visa following approval of the petition regardless of visa availability.

Conversely, non-immediate family members are subject to a waiting period after approval of the petition and include married or unmarried adult children, and brothers or sisters of a U.S. citizen. The waiting periods can be lengthy and vary by preference category and country of origin for the family member.

Student and visitor's visas

Student and/or visitor of visas are for:

    1. College students
    2. Tourists
    3. Businesspersons
    4. College students should apply for an F-1 visa for study at a university.

Tourists generally obtain a B-1 or B-2 visa. Many businesspersons use a combined B-1 and B-2. Additionally, some visitors may need no visa at all.

Business Immigration/Non-immigrant classification

Employment & work visas

TN Visa

The TN category applies to citizens of Canada and Mexico only; permanent residents of Canada or Mexico are not eligible for this classification.

The TN regulations allow for admission to the United States in TN status for periods up to three years. In addition, extensions of stay may be granted in increments of up to three years. Canadian and Mexican citizens must also seek admission to the United States to work in a pre-arranged full-time or part-time position for a U.S. employer in a specific profession indicated on the NAFTA schedule of occupations; self-employment is not permitted.  Individual applicants must also possess the qualifications of the profession for which they are seeking to enter the United States under TN status. Such profession requirements are noted on the NAFTA professions list.

We will discuss many of the current issues employers face in obtaining TN classification for prospective employees and provide practical tips on dealing with challenges because of adjudication standards imposed by officers with the U.S. Citizenship and Immigration Service (USCIS) and at U.S. ports of entry and consulates abroad.

H-1B Visa

This classification allows foreign nationals to accept professional assignments with U.S employers. There are caps on the number of visas (65,000 for beneficiaries with bachelor’s degrees and an additional 20,000 for advanced degree graduates from U.S. universities) and there are also significant exemptions from the caps for various types of employers, including institutions of higher education and non-profit organizations affiliated with colleges and universities.

Employers must submit their initial requests for an H-1B in an electronic lottery and if they are selected, they then file an H-1B petition with USCIS.

The U.S. Department of Labor (DOL) must approve a Labor Condition Application (LCA) before an H-1B petition is filed with USCIS to comply with various wage, posting, and public access file (PAF) requirements.

L-1 Classification

Actively doing business.

Treaty Visas/Investor and Trader

E1 and E2 Treaty Visas

Treaty Trader (E-1) and Treaty Investor (E-2) visas are for citizens of countries with which the United States maintains treaties of commerce and navigation. The applicant must be coming to the United States solely to:

 

    1. Engage in substantial trade, including trade in services or technology, in qualifying activities, principally between the United States and the treaty country (E-1), OR
    2. To develop and direct the operations of an enterprise in which the applicant has invested a substantial amount of capital (E-2), OR
    3. To work in the enterprise as an executive, supervisor, or essentially skilled employee.

Business Immigration/permanent worker visas

Employment-based visas

Handling employment-based applications can sometimes be demanding and frustrating as they are tied to your ability to enhance your standard of living. U.S. immigration law identifies the following employment-based visas:

EB1

This type of employment-based visa is for selected professionals that have unique abilities or expertise. If you are a professor, manager, athlete, or executive, you should apply for the EB1 visa.

EB2

If you are a professional and possess advanced qualifications and excellent abilities in some fields such as art, science, business, etc., this visa type is for you. EB2 is also the visa type you should apply for when you have job offers in the U.S. and an employer already gave you a labor certification.

EB3

Under this category, potential employers must possess a valid labor certification and should file an Immigration Petition for Alien Workers. Individuals that can apply for this visa type are skilled workers that have a baccalaureate degree from a university (or a college) in the U.S. or equivalent schools in other countries. Also, if you have about two years of training experience or your job requires little or no training experience, you can also apply for the EB3 visa.

EB4

Those working as a religious worker or are engaged with other clergy activities or government works, you may apply for this visa type.

Corporate Law

We advise businesses in Texas and Louisiana on their numerous legal rights, responsibilities, and obligations.

We counsel in the different types of business structures and in the pursuit of any new filings, amendments, dissolutions, or business mergers. Our efforts will help to meet your goals and intentions and assure compliance with State law. Any additional topics can be accessed during consultation.

 

US-Mexico Business Transactions

Learn about certain aspects of Mexican law relevant to foreign companies considering doing business in Mexico in areas such as.

Corporate Law

Business Transactions

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