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U.S. Immigration and Nationality Law

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  • Employers
    • Permanent Visas
      • PERM Labor Certifications
    • Temporary Visas
      • E-3 Visas
      • H-1B Employment
        • H-1B1 Visa
      • L-1 Visas
      • J-1 Visas
      • O-1 Visas
      • TN, Canadian/Mexican
  • Employees
    • Nonimmigrant Visa Applications (Consular)
    • National Interest Waivers
  • Entrepreneurs
    • E-1 & E-2 Visas
  • Compliance
    • I-9/Worksite Enforcement
  • Family & Individuals
    • Marriage
    • Deportation, Removal & Asylum
    • Hearings & Appeals
    • Naturalization
    • Students
      • STEM OPT Visas
  • About Us
    • Blog
    • Testimonials
    • Attorneys
      • Philip M. Levin, Founder
      • Don L. Pangilinan, Principal
      • Alec P. Wilczynski, Of Counsel
      • Alexandra Cotroneo, Associate

When A Petitioner Seeking To Prove A Family Relationship Files A Birth Certificate That Was Not Registered Contemporaneously With The Birth In Question, USCIS Must Consider The Certificate And All Evidence Of Record Including The Circumstances Of The Case, To Determine Whether The Claimed Relationship Has Been Proven By A Preponderance Of The Evidence.

October 30, 2017 Philip Levin

On September 20, 2017, the Board of Immigration Appeals (BIA or Board), ruled on the appeal of a denied Form I-130, Petition for Alien Relative in a situation where the… CONTINUE

Filed Under: Blog

BIA Holds A Misrepresentation Is Material Per INA § 212(a)(6)(C)(i) If It Tends To Shut Off A Line Of Inquiry Relevant To Admissibility And Would Predictably Have Disclosed Other Facts Relevant To The Applicant’s Eligibility For A Visa, Other Documentation, Or Admission To The U.S. Forbes v. INS, 48 F.3rd 439 (9th Cir. 1995) Not Followed. Therefore, In Determining Whether One Assisted Or Otherwise Participated In Extrajudicial Killing, An Adjudicator Should Consider 1)The Nexus Between The Applicant’s Role, Acts, Or Inaction And The Killing And 2) His Or Her Prior Or Contemporaneous Knowledge Of The Killing. Miranda Alvarado v. Gonzalez, 449 F.3rd 915 (9th Cir. 2006) Not Followed.

October 23, 2017 Philip Levin

On September 14, 2017 the Board of Immigration Appeals (BIA or Board), in another extremely lengthy opinion, ruled on the appeal of a native of Bosnia-Herzegovina who had been found… CONTINUE

Filed Under: Blog

Deportations and Voluntary Departures

October 22, 2017 Philip Levin

Do you ever advise people to go with a voluntary departures? Yes. If the person has the ability to return to the U.S. through sponsorship it is often better to… CONTINUE

Filed Under: Blog

The Deportation Process

October 20, 2017 Philip Levin

The deportation process is initiated generally by the Department of Homeland Security featuring what used to be called an “Order to Show Cause”, but it is now called a Notice… CONTINUE

Filed Under: Blog

Deported from the U.S.

October 18, 2017 Philip Levin

Being deported from the U.S. depends whether you are an immigrant or a non-immigrant. U.S. citizens cannot be deported. If you are an immigrant and you have a green card,… CONTINUE

Filed Under: Blog

Does every applicant who gets chosen in the lottery automatically get a visa?

October 17, 2017 Philip Levin

No. Just because you are chosen in the lottery doesn’t automatically mean you are going to get a green card or immigration to the U.S. In addition to all of… CONTINUE

Filed Under: Blog

Immigration Lottery

October 15, 2017 Philip Levin

The immigration lottery, which is also known as the “diversity lottery program” or DV lottery”, after several generations, was finally revised as a method to choose those countries that are… CONTINUE

Filed Under: Blog

How much discretion does the immigration officer have when conducting a marriage visa interview?

October 13, 2017 Philip Levin

During a marriage visa interview, the government tries to have them conducted in a uniform manner. With that said, most experienced examiners naturally use their own experience and knowledge to… CONTINUE

Filed Under: Blog

Marriage Visa Interviews

October 12, 2017 Philip Levin

It is common to have lawyers in marriage visa interviews. The interview process is unusual and most people are not comfortable being interviewed by government officers. If the attorney prepared… CONTINUE

Filed Under: Blog

When getting an Immigrant Visa or “Adjustment of Status” through marriage, what questions are asked to establish that a marriage is bona fide?

October 11, 2017 Philip Levin

In a marriage visa interview, the officers are trained to review documentation that leads him or her to determine whether the marriage is bona fide. They are also trained to… CONTINUE

Filed Under: Visa

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Recent Blog Posts

  • U.S. Visa Interview Waiver Program: Important 2025 Updates
  • New DOS Guidance on Mandating Social Media Review of all F-1, M-1, and J-1 visa applicants and Possible Revocations: What You Need to Know
  • H-1B LOTTERY FY 2026 AND THE RECENT MODERNIZATION RULE 
  • Birthright Citizenship Under Fire: Trump’s Latest Executive Order Explained
  • BIA Holds That Its Prior Holding In Matter Of Fernandes, 28 I&N Dec. 605 (BIA 2022), That An Objection To A Noncompliant Notice To Appear Will Generally Be Considered Timely If Raised Prior To The Close Of Pleadings Is Not A Change In Law, And Thus Matter Of Fernandes Applies Retroactively.

Practice Areas

  • Business Immigration
  • Family Immigration
  • Marriage
  • PERM Labor Certification
  • Hearing & Appeals
  • Deportation, Removal, Asylum
  • I-9/Worksite Enforcement

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R-1
TN

The TN nonimmigrant classification allows qualified Canadian and Mexican citizens to enter the U.S. and engage in professional business activities. LPPC will help you navigate through the TN application process by evaluating your eligibility, preparing supporting documentation for your application, and ultimately filing your application. 

B-1

LPPC will guide you through the consular process to receive a B-1 visa for specific short-term business purposes ranging from contract negotiations to seminars and conferences.

O-1

O-1 visas are for persons of extraordinary ability in the sciences, arts, education, business or sports. 

J-1

Administered by the Department of State, the J-1 visa is for students, trainees, academics, researchers, professionals or experts participating in an approved Exchange Visitor program. LPPC will assist you and your sponsor with preparing the necessary paperwork and the consular process so you can begin your program at ease. 

E-1 & E-2

E-1 visas and E-2 visas are for nationals of countries with which the United States has a treaty of friendship, commerce and navigation (FCN) or bilateral investment treaty (BIT). If you are a nonimmigrant trader or investor seeking to conduct business operations or develop a new enterprise in the U.S., we will help you file for the appropriate visa. As a recognized expert in this area, Mr. Levin will provide experienced and dependable assistance with E-1 or E-2 visa applications. 

  • E-1: If you are a national of a country that conducts a significant volume of trade with the U.S. (or if you intend to develop trade between the U.S. and your home country) you might be eligible for entry under an E-1 visa. 
  • E-2: The E-2 visa allows investors from treaty countries to enter the U.S. for purposes of directing and developing a business, with all the commitments and risks implicit in entrepreneurial activity. 
L-1

The L-1 visa category is for executives, managers or professionals employed by foreign affiliates of U.S companies. The L-1 visa is divided into two classifications:

  • L-1A Intracompany Transferee Executive or Manager
  • L-1B Intracompany Transferee Specialized Knowledge
H-1B

Many companies in the United States find themselves increasingly dependent on the talent, experience and energy of foreign national workers in professional, technical or specialized occupational fields. These employees typically enter the U.S. on nonimmigrant H-1B visas for “specialty occupations.” 

With extensive experience in business immigration, you can count on LPPC to guide your company or Human Resources department in preparing and filing an H-1B visa petition.

Green Card

Family preservation and reunification is a priority for our firm. Our attorneys have advised and assisted families from all over the world with entry visas, adjustment of status, and other immigration problems. 

  • Immediate Relatives: If you are the spouse, child, or parent of a U.S. citizen, we can help you obtain a green card through an Immediate Relative petition. 
  • Family-Based Preference: If your relative is a U.S. citizen or lawful permanent resident, we can assist you with your green card application through one of the family based preference categories.
Fiances

If you are a U.S. citizen and your fiancé/fiancée or spouse is overseas, our office will assist you to navigate the CIS requirements and regulations to have the case approved and then prepare you and your spouse for the interview at the U.S. Embassy. LPPC will also help you find the best ways to resolve any problems you encounter if a waiver is required in your case.

Marriage

Immigration through marriage is a common means of obtaining permanent residence in the U.S.  Since 1991, Philip Levin & Associates has helped hundreds of couples immigrate to the U.S. and build their lives together. 

  • I-130 Petition and Adjustment of Status: If you are married to a U.S. citizen, present in the U.S. and eligible to do so, our attorneys will assist you in preparing and filing the necessary I-130 petition and I-485 adjustment of status application in the U.S.
  • Immigrant Visa Consular Processing: If you are married to a U.S. citizen and reside abroad, we will assist you in preparing and filing the IV petition with an Embassy or Consulate-General in your native country. 
  • I-751, Remove Conditions on Residence: If you have been married less than two years at the time your green card was initially approved, our office will help you in the joint petition process to become a permanent resident.