Put Highly Experienced Lawyers On Your Side
Few areas of law can have as profound an impact on your life as immigration law does. The legal team at Law Office of Carmen Di Amore-Siah and Associates is passionate about ensuring that you are legally secure in the country you call home. We understand that the immigration process is complex and can be difficult to navigate. We bring the experience and knowledge you need to move forward with confidence, knowing that nothing has been missed in the process. Based in Honolulu, we serve clients across the globe and have a team of interpreters that allows us to provide services in Spanish, Japanese, Chinese, Filipino, Vietnamese and Korean.
Providing Comprehensive Immigration Law Services
Immigration policies and laws are frequently modified. Because we put a primary focus on immigration in our practice, we stay up to date with the latest changes in this area of law. We provide comprehensive immigration law services. Some of the common things we help clients with include:
If you are a US citizen or a Lawful Permanent Resident, we can help you file a petition for a visa to allow your spouse, parent, or other family member become a legal resident of the United States. (Green Card processing)
ADJUSTMENTS OF STATUS (AOS) AND CONSULAR PROCESSING
- National Visa Center (NVC)
- Adjustment of Status (in the US) or Consular processing (out of the US)
US CITIZENS IMMEDIATE RELATIVES
- Spouse, Minor child Under the age of 21 or
- Parent of a U.S. Citizen
LAWFUL PERMANENT RESIDENTS
- Nonimmediate relative, family members, Consular and National Visa Center processing
- Unmarried, adult sons and daughters (age 21 or over) of U.S. citizens.
- Spouses and unmarried children (under age 21) of permanent residents.
- Unmarried adult sons and daughters of permanent residents.
- Married sons and daughters (any age) of U.S. citizens.
Employment Based US Permanent Residency
There are 140,000 employment-based (EB) immigrant visas available each year for nonimmigrants. The following list comprises the employment-based (EB) categories currently available:
- Department of Labor (DOL) issued labor certifications allow employers to hire foreign workers as permanent U.S. employees. Typically, this requires the employer to complete a certified labor certification application prior to submitting an immigration petition.
- Employment Waivers of the Labor Certification process include the following categories:
- Individuals demonstrating an extraordinary ability in athletics, education, business, science or the arts who have documentation of national or international recognition. The ability to self-petition is not contingent on a job offer
- Internationally recognized professors and researchers with a job offer at institutes of higher education such as a university
- High-level mangers, executives or specialized knowledge workers transferring to a U.S. office from a company with foreign headquarters
- Professionals holding advanced degrees and/or demonstrated expectational ability may qualify for a National Interest Waiver.
- Professionals, including both skilled and unskilled workers whose prospective employer has filed an Immigrant Petition for Alien Worker form
- Investors, intercompany managers and specialized knowledge workers
- Individuals within a special immigrants’ subgroup including but not limited to, broadcasters, ministers and other religious workers, physicians, certain current or former U.S. government employees and armed forces members.
- Trafficking or T-Visas: Human trafficking victims who aide in the investigation and prosecution of perpetrators, may qualify for a T-Visa which would allow them to work in the United States for up to four years. Victims’ immediate family members may also qualify. Application for permanent residency can be made at the end of the T-Visa’s term.
- The Violence Against Women Act allows individuals who have suffered abuse, ranging from physical and emotional to financial and psychological, at the hands of someone in their family who is a permanent resident or citizen of the U.S. to petition for permanent citizenship. This extends to domestic violence survivors’ children, spouses and parents.
- Individuals who have been victims of serious crimes that violate U.S. laws or occur in the country may be eligible for a U Visa that grants temporary work authorization for up to four years. Immediate family members of victims may also qualify for this visa. When the term of this visa has passed, application for permanent residency can be submitted.
- Orphan petitions and adoptions under the Hague and non-Hague convention.
Naturalization And Citizenship
What is naturalization and citizenship? A certificate of citizenship is granted to a person who acquires/derives citizenship from his or her birth to U.S. parents. A naturalization certificate is granted to a person who becomes a citizen through the naturalization process.
Good moral character is the fundamental requirement for U.S. citizenship. Things such as arrests, criminal convictions and failure to pay taxes are indicators of questionable character under the U.S. law. To begin the naturalization process, you must be at least 18 years old and demonstrate the following:
- The ability to communicate in and read English
- An understanding of U.S. government and history
- Three to five years of lawful permanent residency
- You have been physically present in the U.S. at least 50% of the time
- Willingness to take the Oath of Allegiance and commitment to constitutional principles
Non-Immigrant Visas – Change Of Status, Extension, Waivers
- A1-2 Diplomats, Ambassadors, dependents, ancillary and support staff
- B1/B2 visas for visitors for pleasure, business travelers, domestic employees or international visitors
- C1/C2: transit visas
- D Crewmen
- E1/E2 visas for treaty traders and treaty investors E-2 investors E-2 nonimmigrant visas are granted to eligible citizens of countries that have existing treaty agreements with the United States. In order to qualify for an E-2 visa, foreign nationals must make a substantial investment in a new or existing U.S. business.
- E3 specialty worker visas for Australian nationals working in a specialty occupation
- F1 visas for international students
- G: government officials working in international organizations.
- H-1B/H-2A/H-2B/H-3 work permits visas for professionals in specialty occupations; farm workers, and other non agricultural temporary workers; Australian work professionals and training visas
- I visas for journalists, photographers, writers, news, radio, TV personal
- J1 visas for exchange visitors such as students, trainees, researchers, or au pairs
- K1 visas for fiancés of U.S. citizens to come marry in the U.S.
- L1 visas for international companies interested in opening a U.S. location or transferring specialized employees or managers from overseas offices to the U.S.
- M: vocational student visas
- O1 visas for foreign nationals with extraordinary abilities in the arts, sciences, education, business, or athletics Athletes, artists and entertainers
- P1 visas for atheles, performers and entertainers,
- Q visas for exchange and cultural activities (AKA the Disney visa)
- R visas for Religious workers TN visas for Mexican and Canadian nationals seeking work as an eligible NAFTA professional ‘
- S visa informants
- TN Treaty National visas for Canadian and Mexican nationals
- W visa waivers ESTA issues
- Z visa: proposed amnesty and guest worker visas
- Others: Proposed Registry
Removal And Deportation Options And Relief
- Voluntary departure
- Prosecutorial discretion
- Cancellation of removal for permanent residents and non-permanent residents
- Convention Against Torture (CAT) withholding of removal
Appeals From Removal And Deportation Orders, BIA Decisions, Circuit Litigation, Immigration Court Proceedings
If you receive a removal order (deportation), we help you file an appeal to the Board of Immigration Appeals (BIA) or Ninth Circuit Court of Appeals. The Board of Immigration Appeal is highest immigration court in the country it is an administrative body, once a determination is made one can proceed to the Federal Circuit court. After obtaining a removal order, filing an appeal involves filing a Notice of Appeal with the Federal Circuit Court, with a written explanation the issues and why your removal decision was incorrect.
Asylum, Refugees, Withholding And The Convention Against Torture
To be eligible for asylum, one must meet the definition of refugee under the Immigration and Nationality Act (INA). The INA defines refugee as: “Any person who is outside any country of such person’s nationality or, in the case of a person having no nationality, is outside any country in which such person habitually resided, and who is unable or unwilling to avail himself or herself of the protection of that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.”
Immigrant And Non-Immigrant Waivers
There are 3 types of immigration waivers. They are 1) provisional unlawful presence waiver and 2) waiver for grounds of inadmissibility 3. National Interest Waivers
- Inadmissibility waivers for immigrant and non immigrants based on convictions, misrepresentation, fraud, etc J-1 waivers, 2 YR HOME RESIDENCY VACINATION WAVIERS, MEDICAL WAIVERS, CRIMINAL & FRAUD CONVICTION WAIVERS
- PROVISIONAL WAIVERS FOR UNLAWFUL PRESENCE
- Waivers of the labor certification requirements
Employer/Employee Immigration Compliance U.S. Department of Labor Audits, E-Verify
- I-9 Compliance – Everyone who works in the US, whether they are a U.S. citizen or foreign national, immigrant or non-immigrant, must sign an I-9 Employment Eligibility Verification Form to work in the US. We work with employers to make sure that they are meet the requirements for compliance with the I-9 laws to avoid consequences from Immigration and Customs Enforcement (ICE) or the U.S. Department of Labor. We can train your HR personal to properly prepare I-9s, we are routinely providing I-9 Audit services, as well as intervene when you are asked to provide proof of I-9 compliance with ICE and receive a notice of inspection. We provide Audit inspection intervention and counseling prior and during an audit.
- E-Verify Audits – E-Verify is a web-based program which matches information from employee’ I-9s with the information contained in government records.
We Develop Unique Solutions For Complicated Immigration Situations
Whether you are a U.S. citizen petitioning for a relative to receive a family visa or are facing the prospect of being forced to leave your family and livelihood in the country you consider your home, we will relentlessly pursue your case and protect your rights. To schedule a free initial consultation with a skilled immigration lawyer who brings more than three decades of experience to your case, call 808-531-2277 or complete our online form. For immigration and consular legal issues, you can trust Law Office of Carmen Di Amore-Siah and Associates to meet your needs with professional, affordable representation.