What We Do
We provide a wide range of immigration services that cater not only to individuals and families but to businesses as well. We handle employment-based petitions, family-based petitions, business immigration, citizenship, and waivers. We also represent clients in Immigration Court and help them obtain relief from removal
Our services include:
Employment-based petitions
Non-citizens may qualify for temporary or permanent employment-based visa categories to work in the United States.
Nonimmigrant employment-based visa categories allow foreign nationals to work temporarily in the United States. In general, these are employer-sponsored and are meant for specific purposes. MTS Law has a strong track record for the following categories: E-2, H-1B, L-1, O-1, and P1/P3. Most of the firm’s O-1 and P1/P3 cases involve entertainment talents coming to the United States to perform in live musical or variety shows.
Immigrant employment-based visa categories allow foreign nationals to work permanently in the United States as lawful permanent residents or more commonly known as green card holders. In general, a petition by a U.S. employer is required, but certain categories allow foreign nationals to petition themselves. They are divided into five preference categories, as follows: EB-1, EB-2, EB-3, EB-4, and EB-5.
MTS Law handles all types of immigrant employment-based visa categories. While PERM-based EB-2 and EB-3 cases have been a staple offering over the years, the firm has also developed notable expertise in EB-1 Extraordinary Ability and EB-2 National Interest Waiver (NIW) petitions. The firm has also been assisting various healthcare organizations with their Schedule A petitions for registered nurses and physical therapist.
Family-based petitions
Family-based petitions are generally immigrant petitions filed by U.S. citizens or lawful permanent residents for their relatives. U.S. citizens may petition their spouse, married and unmarried children, parents, and siblings. Lawful permanent residents or green card holders may petition their spouse and unmarried children.
U.S. citizens may also sponsor their fiancé(e), who may be granted a nonimmigrant K-1 visa to enable them to travel to the United States and marry their U.S. citizen fiancé(e) within 90 days of entry. The K-1 nonimmigrant may apply to adjust status to become a lawful permanent resident based on marriage to his/her U.S. citizen K-1 petitioner without need of another visa petition.
Consular visa applications
Consular processing is one of two paths for obtaining a nonimmigrant or immigrant status, the other being change or extension of status (nonimmigrant) or adjustment of status (immigrant). Consular processing covers visa applications through a U.S. embassy or consulate in a foreign country.
Certain nonimmigrant categories may require a visa petition previously approved by U.S. Citizenship and Immigration Services (USCIS), such as H-1B, H-3, L-1, O-1 and P1/P3. The visa application is made by paying the visa fee, filing a DS-160 application online, and appearing at a previously scheduled interview appointment. In certain cases, the interview may be waived by the embassy or consulate.
An approved immigrant petition is required to commence an immigrant visa application. The application goes through the National Visa Center (NVC), which collects the fees and documents needed to process the visa application. Once the case has been determined to be documentarily qualified after the DS-260 online visa application is submitted, the required fees are paid, and all civil documents are accepted by NVC, the case will be sent to the embassy or consulate in the applicant’s home country for medical examination and visa interview appointment.
Waivers
Some individuals may meet the eligibility criteria for the visa classification they are applying for, but still be denied a visa or status based on certain grounds of inadmissibility. Many grounds of inadmissibility allow applicants to apply for a waiver. There are different types of waivers for different grounds of inadmissibility, including but not limited to I-601, I-601A, I-212, I-612, and I-192.
Citizenship
A lawful permanent resident may be granted U.S. citizenship through the process of naturalization. To qualify, the applicant must meet the minimum residency and physical presence requirements (certain exceptions apply), demonstrate good moral character, and pass the English proficiency and civic tests (certain exemptions apply).
Individuals born to U.S. citizen parents may also acquire U.S. citizenship through their parents at birth or after birth but before the age of 18, provided they meet certain requirements. They may apply for a certificate of citizenship with USCIS if they need or desire to have documentation of their citizenship other than a U.S. passport.
Other services
The firm also assists with:
- Various other types of nonimmigrant categories, such as F-1/M-1 international students, J-1 exchange visitors, and B-1/B-2 visitors.
- Humanitarian reinstatement
- Returning Resident Visa application
- Assistance with CRBA processing
- 90 replacement/renewal of green card
- I-131 advance parole, humanitarian parole, or re-entry permit
- DACA and related applications
- Obtaining immigration records through FOIA