U.S. immigration laws are complex, and each client’s needs are unique. A consultation with our firm will allow us to carefully assess your situation, thoroughly explain your options, and offer our recommendations for next steps. Please contact Cascadia Cross-Border Law to schedule a consultation and explore how we may specifically help you.
We routinely assist individuals and businesses with the following issues:
Temporary Immigration via Employment
A number of temporary employment/business visas are available to foreign nationals seeking to work or do business in the United States. Our attorneys determine eligibility, prepare application packages, and guide clients through each step of the process to obtain a variety of temporary business-based statuses, including:
- B-1 Visas for Business Visitors
- E-1 Visas for Treaty Traders
- E-2 Visas for Treaty Investors
- H-1B Visas for Specialty Occupation Workers
- H-2B Visas for Seasonal and Intermittent Workers
- L-1 Visas for Intracompany Transferees
- O Visas for Persons Demonstrating Extraordinary Ability
- P Visas for Internationally Recognized Athletes and Entertainment Groups
- TN Visas for Treaty NAFTA Professionals
Permanent Immigration via Employment
There are several categories of immigrant visas (“green cards”) based on U.S. employment. Our attorneys can assist foreign nationals who hold the requisite qualifications pursue permanent residence in the U.S. through a variety of U.S. employment contexts, including:
- EB-1 visas for people of extraordinary ability, outstanding professors & researchers, or multinational managers & executives
- EB-2 visas for holders of advanced degrees or exceptional ability
- EB-3 visas for professionals, skilled workers, and others with a full-time job offer
- EB-4 visas for religious workers and others, including government workers
- EB-5 visas for investors and employment creators
Permanent Immigration via Family
Immigrant visas (“green cards”) may also be available in cases where a qualifying family relationship with a U.S. citizen or permanent resident exists. We handle family-based petitions for immigrant visas, including fiancé/fiancée (K-1) visas.
Naturalization is the process of applying for U.S. citizenship after an individual has resided in the U.S. for the requisite period of time as a lawful permanent resident (green card holder) and meets other qualifying factors. In providing effective assistance in naturalization matters, our attorneys carefully analyze whether a client meets the requisite qualifications, and if appropriate, guide the client through this exciting and important process.
Other Citizenship Issues
Some people have a claim to U.S. citizenship through their parents or grandparents, but do not know how to establish this claim. Our attorneys can help you understand the complex laws on acquisition and derivation of U.S. citizenship and assist you with your desired course of action.
Expatriation/Loss of Nationality
Loss of nationality, also known as expatriation, means the loss of U.S. citizenship or lawful permanent resident (green card) status. Our attorneys regularly handle loss of nationality cases, including assessing U.S. citizenship status, determining the appropriate route forward (relinquishment vs. renunciation), and where desired, assisting clients through the process of obtaining a Certificate of Loss of Nationality.
Customs Penalties, Fines, and Forfeitures
Our attorneys have successfully negotiated with CBP (Customs and Border Protection) to secure reduced fines and penalties, the release of seized goods and money, and the avoidance of civil and criminal claims in customs violations cases.
Waivers of Inadmissibility
If you have been found inadmissible to the U.S., our attorneys can help analyze whether that finding was appropriate or erroneous. Our attorneys have been able to successfully overturn erroneous findings of inadmissibility, such that a waiver of inadmissibility is not required. If a waiver of inadmissibility is required, our attorneys can guide you through the process of obtaining a waiver of inadmissibility; thus allowing you to seek your desired immigration benefits.
J-1 and Employment-Based Waivers
If you have come to the U.S. to participate in some exchange programs (such as medical residency programs), you may be subject to the two-year home country residency requirement, and cannot qualify for a visa unless that requirement is met or you qualify for a waiver of the two-year requirement. Our attorneys can help determine if you are subject to the two-year requirement, and explore if you qualify for one of the waiver categories. Our attorneys have assisted many physicians to obtain J-1 waivers to work in medically underserved communities under the Conrad 30 programs.
I-9 Compliance and Audit Response
Every employer in the U.S. is required to prepare and retain Form I-9 for each and every employee hired since 1986, including for all U.S. citizen and lawful permanent resident employees. U.S. Immigration and Customs Enforcement (ICE) can demand a company provide all their I-9 records within 3 business days for inspection. Technical deficiencies on the form can result in thousands of dollars of fines and even criminal liability. Our attorneys can help you review your current practices, conduct self-audits, and respond to ICE subpoenas. As we like to say, an ounce of prevention is worth a pound of cure.
Our attorneys have extensive experience in health care immigration. We routinely assist hospitals, clinics, and health care workers with their immigration plans. We have substantial experience in labor certifications and merits-based permanent residence applications for physicians, and other hospital staff. We have helped physicians obtain J-1 waivers under the Conrad program, registered nurses with Schedule A petitions for permanent residence, and helped navigate other issues related to health care occupations.
Marijuana and Immigration
Despite its legalization in numerous U.S. states and Canada, marijuana remains illegal under U.S. federal law and is increasingly an issue at the U.S.-Canada border and in the context of applications for immigration benefits. Our attorneys regularly advise clients who invest in or work in the marijuana industry, with issues such as being turned away or barred from entering the U.S., revocation of their NEXUS or Trusted Traveler privileges, or experiencing other consequences associated with marijuana-related activity.
American Indians Born in Canada
Article III of the Jay Treaty of 1794 gave the indigenous peoples of Canada the right to freely access the United States; a right which is now codified in statute. This extraordinary right in the complex maze of U.S. immigration law entitles Canadians with at least 50% indigenous bloodline, privileges to enter and remain in the United States for any purpose; virtually unrestricted by U.S. immigration laws. Our attorneys regularly advise on, write about, and present on Jay Treaty issues. Our attorneys can carefully analyze whether a client meets the requisite qualifications, and if appropriate, guide the client toward documenting Jay Treaty status.
Please contact Cascadia Cross-Border Law to schedule a consultation or explore how we might specifically help you. If we could offer one piece of advice, it would be to seek legal counsel earlier rather than later. Even small, unintentional oversights in the immigration process can have serious consequences – a consultation will likely save you time, expense, and inconvenience in the long run.
We look forward to helping you explore your immigration options.