US Immigration & Visa Attorneys
Chudnovsky Law is a full service immigration law firm for corporations, investors, professionals and families. Our multilingual attorneys have the ability and experience to advise clients how to use highly complex US laws to achieve their goals and minimize risks. We have the knowledge and resources to handle even the most complex immigration, criminal defense, business, tax, estate planning and asset protection needs of our clients.
Our experienced Los Angeles and Orange County immigration attorneys guide clients through US immigration laws to achieve their immigration or business goals. USCIS offers over 100 different classes of visas, each with its own application requirements, costs, processing times and expiration dates. Chudnovsky Law immigration attorneys offer one-stop, streamlined immigration services on the full range of US visa and immigration options available.
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Immigrant visas are for foreigners seeking legal permanent residence and possibly US citizenship. Foreigners applying for an immigrant visa usually need a U.S.-based sponsor approved by the USCIS (U.S. Citizenship and Immigration Services). Depending on the type of visa sought, the sponsor has to be either a prospective employer in the U.S. or a relative who is a U.S. citizen or green card holder.
- EB1 visa: For non-US citizens who are exceptional professors and researchers.
- EB2 visa: For non-US citizen professionals with advanced degrees (or their equivalent) and who have an exceptional ability in arts, sciences, or business that benefit the United States economy, cultural or educational interests, or welfare.
- EB3 visa: For non-US citizens who are skilled workers or professionals.
- EB4 visa: For non-US citizens who are broadcast professionals, religious workers, armed force members, or Afghan and Iraqi translators, among others.
- EB5 visa: For non-citizens who invest in the U.S. and create jobs. More information about visas including the EB-5 visa.
- Spousal visa: For non-citizens with a spouse who is a U.S. citizen or green card holder.
Non-immigrant visas are for temporary stays in the U.S. and typically have an expiration date. The process for obtaining a non-immigrant visa involves an application to the USCIS and typically an interview. Most non-immigrant visas fall under the following classifications:
- E3 visa: For Australian nationals coming to the US solely to perform services in a specialty occupation.
- H1B visa: For non-citizens with an H1B sponsor in a specialty occupation employment requiring bachelor's degrees and an H4 visa for their dependent spouse.
- H2B visa: For non-citizens who are non-agricultural temporary workers.
- L1 visa: For intra-company L-1 visa transfers of non-citizens who are managers, executives (L-1A visa), and workers with specialized knowledge (L1B visa) and intending to work at their employers' U.S-based offices.
- O1 visa: For non-citizens with extraordinary ability in the arts, science, movies, education, business or athletics, intending to engage in official activity in the U.S. under the O-1 visa criteria.
- P1 visa: For internationally recognized athletes (P1A visa) or an internationally recognized entertainment group (P1B visa)
- R1 visa: For non-citizen religious workers to come work in the US.
Investment or business visas
- E1 visa: For non-citizens to engage solely in international trade in the U.S. with a treaty country.
- E2 visa: For non-citizens from E-2 visa treaty countries who invest a substantial amount of capital in a US business.
- TN visa: For qualified Canadian and Mexican citizens engaging in NAFTA authorized professional business activities in the US.
- K1 visa: K-1 Fiancé visa for a non-citizen fiance of a US citizen to travel to the US. K 1 visas allow a fiancé to travel to the US to be married within 90 days of admission to the US.
- K2 visa: K-2 child of a fiancé of a US citizen.
- K3 visa: K-3 spouse of a US citizen. Once admitted to the US, K-3 marriage visa nonimmigrants may obtain a marriage cert and apply to adjust status to a permanent resident at any time and may obtain employment authorization.
- K4 visa: K-4 unmarried, under 21 year old child of a US citizen.
- Parent visa: For non-citizen parent mother and/or father of a US citizen to come live in the US as green card holders.
- F1 visa: F-1 Students visa for non-citizens attending an academic institution in the US, F2 visas for student spouses and children, and OPT visa for student Optional Practical Training.
- M1 visa: For non-citizens attending a vocational school in the U.S.
- J1 visa: For non-citizens participating in the Exchange Visitor Program such as professors, researchers, students and AuPair nannies.
- U visa: For victims of sexual assault, domestic violence, trafficking, or other abuse.
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Our experienced immigration lawyers are fluent in English, French, Italian, Spanish & Amharic.
Criminal Immigration Attorney
The intersection between immigration and criminal law is one of the most complex and technical areas of law. Chudnovsky Law is recognized as a leader in criminal immigration law and minimizing the immigration consequences of crimes. Our immigration litigation attorneys provide the following legal services to consulates, immigrants, corporations, students, scholars and clients from all countries:
Immigration criminal defense
Our criminal immigration attorneys understand that criminal charges can have a profound impact on your life. Protecting clients against convictions, penalties, deportations and adverse immigration consequences is our top priority. Criminal charges can threaten your personal and professional well-being, cause mandatory deportation or imprisonment and deny future immigration rights. Our experienced criminal defense lawyers provide smart, aggressive defense for most types of criminal charges that carefully considers the immigration consequences.
Immigration consequence mitigation
Immigration consequences not only affect a defendant, but that person’s innocent (and often US citizen) children and families. Consequences can include deportation or removal from the US of a parent or family member, or the denial of immigration benefits, such as US citizenship and lawful permanent resident status to which a defendant would otherwise be eligible to receive.
Our criminal defense attorneys and criminal immigration litigation lawyers are experienced working with prosecutors, judges and the court systems to adjust charges, reduce sentencing or get cases dismissed to achieve the best possible outcome considering immigration consequences.
Do not delay if charged with a crime
If you are a foreign citizen charged with a crime, it is critical to quickly seek legal advice to minimize potential immigration consequences
Chudnovsky Law offers full immigration services in Los Angeles California, Orange County and all states in the United States:
Adjustment of status
Aliens living in California may be eligible to adjust status to legal permanent residence without leaving the U.S. Adjustment of status is only available to immigrants who are 1) living in the US, and 2) qualified to get a green card. For non-citizens that wish to get green cards while outside of the U.S. will have to go through consular processing.
When aliens "adjust status," they change from being a visa-holder to a green card holder. Once aliens have a green card, they are considered legal permanent residents.
Foreigner eligibility for adjustment of status depends on the terms of their immigrant visa. Usually there are 4 requirements for adjusting status:
- The alien is presently in the U.S. lawfully
- The alien entered the U.S. lawfully
- The alien has followed all the terms of his/her visa
- The alien meets the qualifications to receive a green card
In rare situations, illegal aliens may still be able to adjust status.
Post conviction relief of a criminal conviction
A California criminal conviction, even for certain minor offenses, can have disastrous immigration consequences for people who are not U.S. citizens. Under the federal US Immigration and Nationality Act, a conviction can result in deportation and/or inadmissibility into the US. Immigration cases are subject to federal law under the jurisdiction of the Executive Office for Immigration Review (EOIR).
If you are an non-US citizen with a California conviction for an inadmissible or deportable crime on your record, you may have options for relief. With the help of our experienced Los Angeles criminal immigration attorneys at law, you may be able to receive some form of post-conviction relief that will make your conviction disappear for immigration law purposes.
This is especially likely if you were convicted or pled guilty because of ineffective legal counsel or because you were not properly informed of the possible immigration consequences of a plea or conviction.
Some examples how our Los Angeles and Orange County immigration lawyers obtain post-conviction relief of a criminal conviction:
- A motion to overturn the conviction based on ineffective legal counsel
- A motion requesting re-sentencing to avoid a conviction for an inadmissible or deportable crime
- A motion to withdraw a guilty or no-contest plea because the court did not properly advise you of the immigration consequences of the plea
- A motion to withdraw a plea for other reasons
- Modifying your felony conviction to a misdemeanor
- A "habeas corpus petition"
Immigration Visa Applications & Certifications
Chudnovsky Law immigration attorneys process all USICS immigration forms, certifications and visa applications, including:
- Form I-129 Petition for a Nonimmigrant Worker: Form I129 for petitioners filing on behalf of a nonimmigrant worker to come to the US temporarily to perform services or labor, or to receive training, as an H1B, H2A, H2B, H3, L1, O1, O2, P1, P1S, P2, P2S, P3, P3S, Q1 or R1 nonimmigrant worker. Our top Beverly Hills immigration attorney can help petitioners best use this form to request an extension of stay in or change of status to E1, E2, E3, H1B1 or TN, or one of the above classifications for a foreign national.
- Form I-130 Petition for Alien Relative: Form I130 is for citizen or permanent resident of the United States to establish the relationship to alien relatives who wish to immigrate to the US. Your top Venice immigration attorney will guide you.
- Form I-140 Immigrant Petition for Alien Worker: Form I140 is used to petition for an alien worker to become a permanent resident.
- Form DS-160 Nonimmigrant visa application: Form DS160 is for temporary travel to the United States and for K fiancé visas
- Form I-485 Application to Register Permanent Residence or Adjust Status: Form I485 is used by our best Irvine immigration attorneys to apply for permanent resident status if you are in the United States
- Form I-539 Application to Extend or Change Nonimmigrant Status: Form I539 is used by certain nonimmigrants to extend their stay or change to another nonimmigrant status. Our top Irvine immigration attorney can advise the best options for you.
- Form I-601 Application for Waiver of Grounds of Inadmissibility: Form I601 is used if you are inadmissible to the US and are seeking an immigrant visa, adjustment of status, certain nonimmigrant statuses or certain other immigration benefits. Your Santa Monica Immigration attorneys must file this form to seek a waiver of inadmissibility.
- Form I-601A Application for Provisional Unlawful Presence Waiver form I601A is handled by our Aliso Viejo immigration attorney.
- Form I-693 Report of Medical Examination and Vaccination Record: all applicants filing for adjustment of status to permanent resident must submit Form I693 completed by a designated civil surgeon. Our Venice immigration lawyer uses form I-693 to report results of a medical examination to USCIS.
- Form I-751 Petition to Remove Conditions on Residence: Form I785 is used for a conditional permanent resident who obtained status through marriage for your top Newport Beach immigration lawyer to apply to remove the conditions on the permanent resident status.
- Form I-765 Application for Employment Authorization: Form I765 is used by certain foreign nationals to request an employment authorization document (EAD) to be eligible to work in the US.
- Form I-864 Affidavit of Support Under Section 213A: Form I 864 affidavit is required for most family based immigrants and some employment based immigrants to show UCICS they have adequate means of financial support
- DACA Deferred Action for Childhood Arrivals
- Employment Authorization Document EAD: To request an EAD card, our best Irvine immigration lawyer will file a form I-765 with USICS. An EAD card provides evidence that you are allowed to work in the US for a specific period of time.
- Labor Certification: A permanent labor cert is obtained by an employer through the US Department of Labor for US employers seeking to employ certain persons whose immigration to the US is based on job skills or nonimmigrant temporary workers coming to perform services for which qualified authorized workers are unavailable in the United States. In order for a labor certificate to be issued, our best Newport Beach immigration attorney will work with the employer to go through a recruitment process to show the Department of Labor and USICS that there are no US workers available to perform the job.
- NIW National Interest waiver is a request that the Labor Certification requirement be waived because it is in the interest of the United States. Jobs that qualify for a national interest waiver are not defined by statute, but are usually granted by BCIS to those who have exceptional ability and whose employment in the US would greatly benefit the nation.
- Renew green cards: Our best Santa Monica immigration attorney can apply for a permanent resident to renew a greencard or permanent residents card
- Green Card Lottery: The DV lottery or "Diversity Immigrant Visa Program" makes up to 50,000 immigrant visas available annually, drawn by random selection among all entries to individuals who are from countries with low rates of immigration to the United States. Most lottery winners are from outside the US and immigrate through consular processing and issuance of an immigrant visa. This program is offered for free by the US State Department during a registration period that usually begins in October of each year and ends in early November.
Pre-Immigration Planning & Services
US immigration and tax laws are complex and can require careful consideration for foreigners planning a move to or investment in the US. This is especially true for high net worth clients that wish to understand US tax laws. The firm often provides or coordinates pre-immigration services for clients considering US investment or immigration:
US tax review
A review of US tax law as it pertains to the client's circumstances is especially important for high net worth clients. Tax considerations can affect immigration plans, investment structures, residency goals, estate planning and the choice of visas to pursue.
Establishing US banking accounts can be very difficult for non resident aliens. The firm has relationships that can facilitate establishing US banking accounts before moving to the US or receiving US tax id numbers.
Moving to the US can trigger estate tax consequences. High net worth clients often setup off shore trusts prior to moving to the US to take advantage of estate tax savings. A pre-immigration estate review can help optimize the clients immigration and estate plans.
High net worth clients often consider asset protection in the structure and domicile of their assets to protect them from lawsuits such as divorce or other claims. An asset protection review can be useful to optimize structures and immigration strategies.
Call 949.424.5450 For a Confidential Consultation
Our experienced immigration attorneys are fluent in English, French, Italian, Spanish & Amharic.