PACIFICA LEGAL

About Pacifica Legal

Pacifica Legal is a small immigration law firm dedicated to providing personalized attention and effective legal services to immigrants and non-immigrants seeking visas and legal status in the United States.

Texas Bar License: 06933920

The authority for a licensed attorney to practice immigration law in any jurisdiction in the United States, regardless of the state of licensure, comes from the fact that immigration law is a federal practice area. The key legal citations are:

1. 8 C.F.R. § 1.2 (Definition of "Practice")
   This regulation defines the term "practice" in immigration law as including the preparation and presentation of cases before the Department of Homeland Security (DHS), Department of Justice (DOJ), and other federal agencies.

2. 8 C.F.R. § 292.1 (Representation of Others)
   This regulation authorizes attorneys in good standing of the bar of any state, the District of Columbia, or a U.S. territory to represent clients in immigration matters before DHS, the Executive Office for Immigration Review (EOIR), and the Board of Immigration Appeals (BIA). Specifically, it states:

   "An attorney, as defined in § 1001.1(f) of this chapter, who is eligible to practice law in, and is a member in good standing of the bar of, the highest court of any State, possession, territory, Commonwealth, or the District of Columbia, and who is not under any order of suspension, disbarment, or restriction, may represent persons in immigration matters."

3. Federal Supremacy Clause (U.S. Constitution, Article VI, Clause 2)
   Immigration law is exclusively a federal matter under the U.S. Constitution, and therefore state-specific licensure rules do not restrict the practice of federal law. Attorneys practicing immigration law are governed by federal, not state, jurisdiction.

Family-Based U.S. Immigration Visas:

Types of Immediate Relative Visas

1. IR-1: Spouse of a U.S. Citizen

   • For the husband or wife of a U.S. citizen.

2. IR-2: Unmarried Child (Under 21) of a U.S. Citizen

   • For biological, adopted, or stepchildren of U.S. citizens.

3. IR-3: Child Adopted Abroad by a U.S. Citizen

   • For children adopted by a U.S. citizen in a foreign country.

4. IR-4: Child to be Adopted in the United States by a U.S. Citizen

   • For children brought to the U.S. to be adopted after arrival.

5. IR-5: Parent of a U.S. Citizen

For parents of U.S. citizens, provided the petitioning citizen is at least 21 years old.

Key Benefits

• Unlimited Quotas: Not restricted by annual numerical limits.

• Shorter Wait Times: Generally processed faster than Family Preference Visas.

• Priority Processing: Immediate relatives have a higher priority in the immigration system.
  

Eligibility Requirements

The U.S. citizen petitioner must prove the qualifying
relationship through documentation (e.g., marriage certificate, birth certificate).

• Applicants must meet all other U.S. immigration requirements, such as passing medical examinations and background checks.

• Applicants must meet all other U.S. immigration requirements, such as passing medical examinations and background checks.

Family Preference Categories

Family Preference Visas are part of the Family-Based Immigration system for individuals seeking permanent residence (Green Cards) in the United States. These visas are subject to annual numerical limits set by the U.S. government and are divided into the following categories:

1. F1 - First Preference

   • Who qualifies?

     • Unmarried sons and daughters (21 years or older) of U.S. citizens.

   • Annual cap:

     • 23,400 visas (plus any unused visas from the fourth preference).

2. F2 – Second Preference:

   • Who qualifies?

     • F2A: Spouses and children (under 21 years old) of Lawful Permanent Residents (LPRs).

     • F2B: Unmarried sons and daughters (21 years or older) of LPRs.

   • Annual cap:

     • 114,200 visas (77% for F2A and 23% for F2B).

3. F3 – Third Preference:

   • Who qualifies?

     • Married sons and daughters of U.S. citizens.

   • Annual cap:

     • 23,400 visas (plus any unused visas from the first and second preferences).

4. F4 – Fourth Preference:

   • Who qualifies?

     • Siblings of U.S. citizens (the petitioning citizen must be 21 years or older).

   • Annual cap:

     • 65,000 visas (plus any unused visas from the other preferences).
       

Key Considerations

Numerical Limits: Immediate Relative Visas are unlimited, while Family Preference Visas have annual caps and country-specific quotas.

Processing Times: Immediate Relative Visas typically process faster than Family Preference Visas, which can have significant wait times, especially for F3 and F4 categories.

Visa Bulletin: Family Preference applicants must monitor the Visa Bulletin to check when their priority date becomes current.

Employment Based Visas:

Employment-Based (EB) visas are for individuals seeking permanent residency in the United States based on their employment qualifications. They are divided into five preference categories, each with its own requirements and considerations.

Categories and Priority

• EB-1: Priority Workers

  • High demand due to fast processing and no labor certification requirement.

  • Reserved for individuals with extraordinary ability, outstanding professors/researchers, and multinational executives/managers.

• EB-2: Professionals with Advanced Degrees or Exceptional Ability

  • Requires a labor certification unless applying under the National Interest Waiver (NIW).

• EB-3: Skilled Workers, Professionals, and Unskilled Workers

  • Long wait times due to high demand and lower priority.

• EB-4: Special Immigrants

  • Includes religious workers, U.S. government employees abroad, and others with niche qualifications.

• EB-5: Immigrant Investors

• Requires a substantial investment ($800,000 in a targeted area or $1,050,000 elsewhere) and proof of creating at least 10 jobs.

Visa Caps and Wait Times

• Annual Caps: Each category has numerical limits, and unused visas from higher categories roll down to lower ones.

• Country-Specific Limits: A single country can only receive up to 7% of the total visas annually, leading to long backlogs for applicants from high-demand countries like India and China.
  
  Labor Certification (PERM Process)

• Required for most EB-2 and EB-3 applications to demonstrate that hiring the foreign worker will not adversely affect U.S. workers.

• The employer must undergo a recruitment process to prove no qualified U.S. workers are available.
  

Employer Sponsorship

• Most employment-based visas require a U.S. employer to sponsor the applicant by filing Form I-140 (Immigrant Petition for Alien Worker).

• Exceptions include the EB-1 (Extraordinary Ability) and EB-2 NIW categories, which allow self-petitioning.
  
  

Adjustment of Status vs. Consular Processing

• Applicants already in the U.S. may file for Adjustment of Status (Form I-485) to become a permanent resident.

• Those outside the U.S. must undergo Consular Processing at a U.S. embassy or consulate.
  

Priority Dates and Visa Bulletin

• Priority dates determine when applicants can proceed with their applications.

• The monthly Visa Bulletin tracks visa availability and movement in priority dates.
  

Additional Considerations

• Dual Intent: Many EB visas allow dual intent, enabling applicants to pursue nonimmigrant visas while waiting for their Green Card.

• Dependents: Spouses and unmarried children (under 21) of the primary applicant can apply for derivative visas.

• Medical and Background Checks: Applicants must pass medical examinations and security clearances.

Education Visas: allow foreign nationals to come to the United States to pursue academic studies, vocational training, or exchange programs. These are typically nonimmigrant visas, meaning they are for temporary stays. Below are the primary types of U.S. education-related visas:

F-1 Visa: Academic Students

• Purpose: For individuals attending academic institutions, including universities, colleges, high schools, or language training programs.

• Key Features:

  • Allows part-time on-campus employment (up to 20 hours per week).

  • Optional Practical Training (OPT) for up to 12 months after completing the program.

  • Requires enrollment in a full-time academic course at a SEVP-certified school.
    

M-1 Visa: Vocational Students

• Purpose: For students enrolled in vocational or non-academic programs, such as technical schools.

• Key Features:

  • Limited work opportunities.

  • Must show sufficient financial resources to cover the entire duration of the program.

  • Cannot transfer to an F-1 program or pursue long-term employment in the U.S.
    

J-1 Visa: Exchange Visitors

• Purpose: For individuals participating in exchange programs, including students, scholars, teachers, and interns.

• Key Features:

  • Includes categories such as high school students, university exchange students, research scholars, and training participants.

  • May require participants to return to their home country for two years after the program ends (subject to the two-year home residency rule).

  • Allows limited work authorization, depending on the program.
    

F-2, M-2, and J-2 Dependent Visas

• Purpose: For family members (spouse and children) of F-1, M-1, or J-1 visa holders.

• Key Features:

  • F-2 and M-2 dependents cannot work in the U.S.

  • J-2 dependents may apply for work authorization.
    

Special Education-Related Visas

• B-2 Visitor Visa:

  • For individuals enrolling in short-term recreational courses, like a language class lasting less than 18 hours per week.

• H-3 Visa:

  • For trainees coming to the U.S. for special education training or specific programs unavailable in their home country.
    

Key Considerations for Education Visas

• SEVIS Fee: Students must pay the Student and Exchange Visitor Information System (SEVIS) fee before applying.

• Proof of Financial Support: Applicants must show sufficient funds to cover tuition and living expenses.

• Ties to Home Country: Must demonstrate strong ties to their home country to prove intent to return after completing studies.

• Work Restrictions: Employment options are limited and subject to strict regulations.

Asylums

Purpose: Protection for individuals who fear persecution in their home country.

• Eligibility:

  • Fear of persecution due to race, religion, nationality, political opinion, or membership in a particular social group.

  • Must be physically present in the U.S. or at a port of entry.

• Key Applications:

  • Affirmative Asylum: Filed proactively with USCIS.

  • Defensive Asylum: Requested during removal proceedings before an immigration judge.

• Deadlines:

  • Must apply within 1 year of entry unless exceptions apply.

• Outcomes:

  • Granted Asylum: Leads to work authorization and a pathway to a Green Card after 1 year.

  • Denied Asylum: May result in removal proceedings.

Detentions

Purpose: Immigration enforcement mechanism to hold individuals suspected of violating U.S. immigration laws.

• Who is Detained:

  • Undocumented individuals.

  • Asylum seekers awaiting credible fear determinations.

  • Those with pending deportation or appeals.

• Detention Facilities:

  • Operated by ICE or contracted private facilities.

• Key Processes:

  • Bond Hearing: Detainees may request a bond to be released while awaiting proceedings.

  • Alternatives to Detention (ATD): Includes electronic monitoring or supervision programs.

• Challenges:

  • Prolonged detention and limited access to legal resources.

Deportations (Removals)

Purpose: Formal removal of individuals who violate U.S. immigration laws.

• Grounds for Deportation:

  • Overstaying a visa or unlawful presence.

  • Criminal convictions or aggravated felonies.

  • Fraud or misrepresentation in immigration applications.

• Key Processes:

  • Notice to Appear (NTA): Initiates removal proceedings.

  • Immigration Court Hearing: Judge determines removal or relief eligibility.

  • Appeals: Can be filed with the Board of Immigration Appeals (BIA) or federal courts.

• Relief from Deportation:

  • Asylum, withholding of removal, or protection under the Convention Against Torture (CAT).

  • Adjustment of status, cancellation of removal, or voluntary departure.
    

Key Overlaps:

• Asylum Seekers: May face detention during credible fear assessments.

• Detainees: Often undergo removal proceedings unless eligible for relief.

• Deportation: Can be stayed if relief, such as asylum, is granted.

Travel

Purpose: Rules and processes for noncitizens and U.S. immigrants traveling abroad or into the U.S.

• Advance Parole:

  • Required for adjustment of status applicants to re-enter the U.S. without abandoning their application.

  • Issued via Form I-131 (Application for Travel Document).

• Re-entry Permit:

  • For Lawful Permanent Residents (LPRs) planning to stay abroad for an extended period (over 1 year).

• Travel Restrictions:

  • Certain visa holders (e.g., asylum applicants, TPS recipients) may need prior authorization before traveling.
    

Parole

Purpose: Temporary entry into the U.S. for individuals who don’t have a visa but have urgent humanitarian or significant public benefit reasons.

• Types of Parole:

  • Humanitarian Parole: For emergencies like medical treatment or family reunification.

  • Advance Parole: For adjustment of status applicants traveling abroad.

  • Public Interest Parole: For cases with significant public benefits, such as facilitating employment for certain groups.

• Duration:

  • Temporary and does not confer permanent legal status.
    

Citizenship

Purpose: Grants full legal status, rights, and responsibilities as a U.S. citizen.

• Eligibility:

  • Naturalization: For LPRs after 3–5 years of residency.

  • Birthright Citizenship: For individuals born in the U.S. or to U.S. citizen parents.

  • Citizenship Through Parents: Automatically granted under certain conditions if the parent becomes a U.S. citizen.

• Naturalization Requirements:

  • Lawful Permanent Resident status for the required duration.

  • Continuous residence and physical presence.

  • Good moral character.

  • Pass English and civics tests (with exceptions for age/disability).

• Dual Citizenship:

  • Allowed but subject to the laws of the other country of nationality.

Temporary Protected Status (TPS)

Purpose: Protection for nationals of countries experiencing armed conflict, natural disasters, or other extraordinary conditions.

• Eligibility:

  • National of a designated TPS country.

  • Continuous physical presence in the U.S. as of a specific date.

• Benefits:

  • Protection from deportation.

  • Work authorization.

  • Travel authorization (via Advance Parole).

• Limitations:

  • Does not lead directly to permanent residency or citizenship.