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You, as a visa applicant, qualify for a visa by being eligible under all applicable U.S. laws for the visa category for which you are applying. During your visa interview, the consular officer at the U.S Embassy or Consulate will determine if you are qualified for the type of visa for which you are applying. The sole authority to approve or deny (called adjudicate) visa applications, under U.S. immigration law section 104(a) of the Immigration and Nationality Act, is given to consular officers at U.S. Embassies and Consulates.

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If a consular officer finds you are not eligible to receive a visa under U.S. law, your visa application will be denied (refused), and you will be provided a reason for the denial. There are many reasons a visa applicant could be found ineligible for a visa. These reasons, called ineligibilities, are listed in the Immigration and Nationality Act (INA) and other immigration laws.

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To be considered for an immigrant visa under some of the employment-based categories below, the applicant's prospective employer \ must first obtain a labor certification approval from the Department of Labor. Once received (if required), the employer then files an Immigrant Petition for Alien Worker, Form I-140, with the U.S. Citizenship and Immigration Services (USCIS) for the appropriate employment-based preference category. (NOTE: Persons with extraordinary abilities in the Employment First preference category are able to file their own petitions.)

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YES - your spouse and minor unmarried children, younger than 21, may apply for immigrant visas with you. Same-sex spouses of U.S. citizens and Lawful Permanent Residents (LPRs), along with their minor children, are now eligible for the same immigration benefits as opposite-sex spouses.

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If you are overseas, and issued an immigrant visa, the consular officer will give you your passport containing the immigrant visa. You are required to enter the United States before the expiration date printed on your visa. When traveling, the primary (or principal) applicant must enter the United States before or at the same time as family members holding visas.

Illegally entering the USA, or overstaying your visa often restricts obtaining a green card unless you file a waiver. Waivers are available for persons who have spouses or parents that are permanent resident’s or Citizens. Often parents will obtain green cards to assist their children (regardless of age) in filing a waiver. Most of the employment laws are under a time limitation so you must act immediately as soon as you can. Not filing a complaint in time can bar you from seeking remedy.
We assist our clients in meeting required financial disclosures to obtain permanent residency. Contact our office for more information on whether you earn sufficient income (as reflected on your tax returns) to financially sponsor your family. Let our team of knowledgeable staff lead you through this often complicated and cumbersome process. No matter what visa or immigration issues that you need guidance with, our employment immigration attorney Chrisopher Kurczaba will be by your side, ready to answer all the questions you may have.
From many years Kurczaba Law Offices, P.C. focuses on immigration law. We represent clients in a wide variety of immigration matters including family and employment-based permanent residency (green card), deportation defense, employment visas, and naturalization. Our Chicago employment immigration attorneys will utilize our cutting-edge technology and extensive experience to help you achieve your specific goals. If you are moving to the United States to work, or if you are currently in the U.S. and need legal advice regarding your visa status.
We aggressively defend clients who find themselves in Immigration Court because they violated their status, violated a law, have been arrested, were part of a failed marriage, or are seeking bond to be released. We will devise an aggressive strategy to best resolve your situation. As Immigration Court delays increase given the COVID pandemic, it is more important than ever to act to terminate immigration cases if possible and prepare the best possible defense. We have the best immigration lawyers in Chicago who can help you attain an H-1B visa, business visa for employees, or student visa.
Our law firm navigate the complex rules on eligibility for applying for Citizenship or Naturalization for you. Although this process may seem straightforward, filing an application will cause your entire immigration case to be reviewed and re-examined. In addition, if you had problems with the law it may make you ineligible and may lead to losing your green cards and being removed from the USA. Our best Chiago immigration attorneys near me can explain everything you need to know and guide you through the process of obtaining a visa, renewing your visa or obtaining an adjustment of status.
Companies and households can fill a more permanent position by sponsoring a potential job candidate. A large part of our practice focuses on obtaining green cards for these needed workers. The Chicago employment immigration lawyers of Christopher Kuczaba Law Firm can help with Chicago immigration issues. Our experienced immigration lawyers in Chicago and surrounding areas offer a variety of immigration services including: Employment visa, Citizenship and naturalization as top rated Chicago law firms.