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About Jose Miranda

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So far Jose Miranda has created 2 blog entries.

L-1A and L-1B Visas

There is a literal alphabet soup of employment-based visas that professionals may consider in order to live and work in the United States.  Today I’d like to discuss L1-A and L1-B visas, which are a great option for foreign national professionals.  L1 visas are specifically designed for foreign nationals who have developed professional experience as either a manager or an executive (L1-A) or in a specialized field (L1-B) such as engineering or finance, and who would like to transfer jobs within their company to a U.S. office.  They allow L1 beneficiaries to live and work in the United States, and for businesses to transfer much-needed expertise to U.S. branches, or even to open a new office in the U.S.

L1 visas can be processed more quickly using premium processing, and they allow the beneficiary to have dual intent.  Allowing dual intent means that although L1 visas are classified as nonimmigrant visas, an L1 beneficiary is eligible to apply for adjustment of status to permanent residence.  One thing to keep in mind for companies setting up new offices in the U.S. is that “new office” L1 petitions may face higher scrutiny as USCIS wants to ensure that an office is not being set up merely for immigration purposes.  In a “new office” situation, we can work with clients to showcase the business plan for the U.S. office, in terms of its marketing initiatives, upcoming contracts with customers, and potential for expansion within the U.S. market.thanks

Joyce & Associates has represented many individuals throughout the L1 process, from assistance with contracts drafting and/or corporate formation to compiling the L1-A package to highlight the beneficiary’s qualifications and the foreign entity’s business needs and ability to pay the beneficiary’s wage, and then to preparing the client for consular processing and for filing future applications for L1 extensions and/or adjustment of status.

If you are interested in discussing your eligibility for an L1 petition, or for employment-based visas generally, contact us for a consultation to discuss your options.

~Christina M. Elder

Family Law and It’s Impact on Immigration Cases

One issue that may affect an immigration case is whether a divorce from a previous spouse is final. Ensuring that someone is actually divorced and free to re-marry is crucial, especially if a new spouse will be filing an immigration petition. If the divorce occurred in Massachusetts, the divorce does not become final the day of the final hearing before the judge. Under the law, the parties have to wait for what is called the nisi period to expire. This period may be 90 or 120 days after this final hearing, depending on the circumstances of the case. At least in Massachusetts, the court does not automatically send a divorce decree when the divorce becomes final. It is a good idea to obtain a certified copy of the divorce decree from the court showing that the divorce is in fact final. Call the clerk’s office of the Probate Court in the county where the divorce case was filed to request this.

Another issue that may affect an immigration case, is getting a divorce abroad. Whether a foreign divorce will be valid for immigration purposes depends both on the law in the foreign country and the laws of the place where the remarriage occurred. Difficulties may be encountered in an immigration case if neither of the spouses was residing or present in the country where the divorce was obtained. The fact that a marriage occurred in a foreign country does not necessarily mean that the divorce has to occur there. It may be possible to obtain a divorce in the United States instead. Seeking advice and information on the divorce process in the United States is important before trying to obtain one abroad.

And, one last point on divorces, if a (former) spouse says he or she was able to get a divorce without involving the other spouse in the process, it is advisable to corroborate this information. It may be that a divorce has not occurred or they may be issues with the divorce that may affect the validity of a recent marriage and, possibly, an immigration case.

Ensuring that someone is properly divorced may be very important to an immigration case. If you have any questions regarding this type of matter, feel free to schedule a consultation.

~Anielka S. Godinez