Immigration

Immigration

At the Law Office of Gary J. Kim, we assist clients in entering and staying in the United States legally. We are a full-service immigration firm offering a comprehensive list of services designed to assist you in your immigration goals or problems. We represent individuals, family members, corporations and religious institutions as they navigate the process of coming to America.

It is common for foreigners to accidentally be non-compliant with immigration law and run into serious legal consequences. Immigration law is much more than just filling out applications and forms. It's about analyzing your case in order to get you and your family the immigration status that you need.

No matter how complex your situation or immigration process might be, our committed and compassionate attorney can help you figure it out. We deal with many variety of cases from family-immigration to finance visas to applying for a green card. We want to try to give you the most help cost-efficiently. No matter what questions you may have, our team is ready to answer them.

Comprehensive Immigration Law Services

100% focus on immigration law cases - Personalized attention to each of our clients - Multilingual advocacy: Spanish, Chinese, and Korean

We understand how challenging the process can be, and we will work with you through every step to help you through. To schedule your free initial consultation, call us at (213) 427-6262 or contact us online.

Types of Immigration Cases We Handle:

Relief from Removal

There are many numerous reasons why someone can end up having to deal with removal proceedings. It is not only an extremely complex area of immigration law but also a difficult one to tame. When one has been brought to appear at the Executive Office of Immigration Review or immigration court, he/she is considered to be in removal proceedings. This person is called a Respondent. The document which summons the Respondent to court lists the allegations made against the Respondent as well as the list of charges the Respondent is being accused of, commonly called the “Notice to Appear.” […]

Asylum, Withholding of Removal, Convention Against Torture

Asylum is granted by the United States government to those who fear being persecuted in their home country based on religion, race, nationality, membership in a particular social group, or political opinion that they hold. In order to be granted asylum, there are many requirements one must meet to prove that they are in fact in danger and fearful of being persecuted. If you are afraid of being persecuted, you should apply for two alternative forms of relief in addition to applying for asylum: withholding of removal, and protection under the United States Convention Against Torture (CAT). Even though the […]

The Violence Against Women Act (“VAWA”)

In 1994, a federal law was passed by Congress titled The Violence Against Women Act also referred to VAWA. This federal law is in place to provide protection to those immigrant spouses or children who have been battered by the U.S. Citizen, Lawful Permanent Resident, or even the parent of a U.S. Citizen. It provides these victims with legal stay and employment authorization as access to public benefits. An abused immigrant spouse or child may be able to self-petition in order to gain permanent legal status in the United States by filing an I-360 form on their own. Who Can […]

K-3 Visa

A K-3 Visa is usually issued to a non-U.S. Citizen who is married to a U.S. Citizen. Waiting around to gain entrance to the US as an immigrant after getting an immigrant visa can be a time-consuming and difficult process. The spouse or children of a US Citizen can enter quicker by applying for a K-3/K-4 (spouse/children) visa allows immigrants to be processed and granted entrance as nonimmigrants. A K-3 Visa is a non-immigrant multi-entry visa that is typically valid for 2 years. With a valid K-3 visa, the K-3 visa holder may be able to file for […]

Fiancé(e) Visas (K-1)

If you are a fiancé of a United States Citizen and/or are entering the United States solely to marry, you will be eligible for a fiancé(e) K-1 Visa. A K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States with the intention of marrying his or her U.S. citizen sponsor within 90 days of arrival. The foreign-citizen will be able to apply for adjustment of status to a permanent resident with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS). Because a fiancé(e) visa permits the holder to immigrate to the U.S. and marry a […]

I-601A Waiver

The I-601A Provisional Waiver allows a spouse, children, or parents of U.S. citizens to apply for and receive a decision on their waiver application while still remaining in the United States, before departing to their home country for the visa interview. Currently, the provisional waiver is available to immediate relatives of U.S. citizens who only need a waiver of inadmissibility for unlawful presence. In order to meet the requirements for an I-601A provisional waiver, you will need to meet all of the following requirements: currently residing in the United States at least 17 years of age Are the principal beneficiary […]

I-601 (Unlawful Presence) Waivers

If you are a U.S. citizen or Legal Permanent Resident (LPR) who is married or engaged to an undocumented immigrant you may think you can easily legalize your spouse. However, this is a commonly believed myth. It can be extremely hard to legalize your loved one’s stay in the United States. When your loved one is labeled as “inadmissible”, you will have to go through many complicated steps to file for a green card. In certain situations, you will have to file an I-601 Application for Waiver of Grounds of Inadmissibility for your spouse. This will include filing an I-601 […]

Immigrant Investors EB-5

The Immigration Act of 1990 (“IMMACT 90”) created the Immigrant Investor Program as the fifth preference category for employment-based immigration, also known as EB-5. This was the first time a category was designed to facilitate the admission of immigrant investors as lawful permanent residents and to this day, it is the only such visa to do so. This EB-5 Immigrant Investor Program is available to any immigrants who have either previously invested or currently investing at least $1 million in a start-up enterprise that has at least 10 full-time employees hired from the U.S. However, Individuals who have been involved in […]

Consular Processing

The pathway where a beneficiary of an immigration petition receives the ability to apply for an immigrant visa at a U.S. consulate abroad. This is to aid the process for those who are seeking entrance to the United States and require a green card to secure their ability to stay with their benefactor. Whether one needs to visit a consulate abroad due to convenience or due to being abroad. Through consular processing, you will have the ability to apply for different types of visas from family-based visas to employment-based green cards. In order to start the consular processing, you will […]

Adjustment of Status

Adjustment of Status allows specific foreign immigrants to be able to apply for immigrant status after having entered the United States previously. It is important to follow correct procedures in order to achieve this status. The Immigration and Nationality Act (INA) permits the change of an individual’s immigration status while in the United States from nonimmigrant or parolee (temporary) to immigrant (permanent) if the individual was inspected and admitted or paroled into the United States and is able to meet all required qualifications for a green card (permanent residence) in a particular category. In order to apply for permanent residency, […]

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I-360, Special Religious Worker

Those who are planning to move to the United States to work full-time in a religious vocation or occupation may qualify for a I-360 visa. This is set aside for immigrants, ministers, and non-ministers alike. The Special Religious Worker visa is included as part of the several employment-based EB-4 visas that are available. To qualify as a special religious worker, the foreign national must: have had at least 2 years’ commitment to a religious denomination that is considered a non-profit religious organization by the United States preceding the filing of the petition and have the intent to work full time […]

Schedule A

U.S. Department of Labor (DOL) has a designated pre-certified list that states workers in certain occupations will not be negatively harming the U.S. workers. This pre-certification is called Schedule A. Schedule A contains two groups. One group conveniently called Group I, includes physical therapists as well as professional nurses. Group II, which is less commonly used, includes immigrants who have exceptional talents in the arts or in science. It also includes college professors. To qualify, the foreign-born nurse has to possess a diploma in nursing and has a permanent nursing license from their home country. Nurses from foreign countries have […]

National Interest Waiver

The “national interest waiver” (NIW) is an achievement-based opportunity for a green card. In order to qualify for a national interest waiver, you’ll need to file an employment-based immigration petition and have a permanent job offer along with labor certification. In some cases, an applicant can still apply to an NIW immigration petition without a labor certification or a job offer for the sake of the “national interest of the United States”. To be eligible for an NIW, the person filing the waiver must have a higher degree than a bachelor’s degree or a degree of expertise in sciences, arts, […]

Multinational Managers and Executives (EB-1C)

To be qualified for a multinational executive or manager under a EB-1C Visa, you must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation. It is also required that you are seeking to enter the United States with the desire and commitment to service to that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer. The EB 1-C Visa offers many advantages compared […]

Professors & Researchers (EB-1B)

An immigrant who is considered an “outstanding researcher or professor” may qualify for a EB-1B visa. The immigrant must be internationally acclaimed in his/her scientific or scholarly field of work. Unlike EB-1A Visas, EB-1B immigrant visas must be employer-sponsored meaning that the professor or researcher must have sponsorship from his/her employer throughout the petitioning process in order to receive a EB-1B Visa. Through the petition process, the employer becomes the petitioner and the immigrant receiving the EB-1B Visa is the beneficiary. You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at […]

Extraordinary Ability (EB-1A)

Alien of Extraordinary Ability If you have an extraordinary ability, you will be eligible for a visa that’s extremely fitting for you: Extraordinary Ability Visa (EB-1A). This is an employment-based, first-preference visa. It has been created to apply to immigrants who can prove that they have much to offer in their field of expertise and that they “have risen to the very top of their field of endeavor”. Candidates who are without a labor certification or a job offer are eligible to apply and receive a EB-1A petition. Any immigrants living in the U.S. or abroad may apply […]

PERM Labor Certification

Given away by its name, a permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States. The labor certification process is always to be done by the employer, not the alien beneficiary. In most instances, before the U.S. employer can submit an immigration petition to the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS), the employer must btain a certified labor certification application from the DOL’s Employment and Training Administration (ETA). The Department of Labor (DOL) must certify to the USCIS that […]

Victims of Crime (U)

For those who have been victimized by a crime and have suffered mental/physical abuse can be granted a U nonimmigrant status also known as a U visa. This visa is also granted for those who are helpful to the investigation or prosecution of criminal activity. When a victim is able to provide substantial help to law enforcement or government officials in prosecuting and/or investigating the criminal activity, they will be eligible for a U visa. The U Visa was created to assist victims of violent crime to be able to speak up and report the crimes they are experiencing […]

Religious Workers (R-1)

A “religious worker” visa, also known as a R-1 visa, is for foreign nationals who come to the United States to be employed as a religious worker in the United States. R-1 visas are available for those who work as religious workers at least 20 hours per week for a non-profit religious organization. A religious worker constitutes of one who is dedicated to the service of the religion and its teachings. Those working at a religious institution as a clerk, receptionist, or any other unrelated jobs do not fall under “religious workers”. Whether you are coming to the United States […]

Essential Workers (H-2B)

Workers who are seeking vocational training or semi-skilled workers who are seeking to fill non-agricultural work positions may be eligible for H-2B visas as essential workers. Landscapers and construction workers are some examples of those who are well-suited to apply for a H-2B visa. However, H-2B visas can only be obtained by citizens of the specific countries the Secretary of Homeland Security has approved. There are many restrictions and regulations in place regarding the obtainment of a H-2B visa. The H-2B is a temporary worker visa. The worker seeking a H-2B visa does not need a bachelor’s degree. Nonetheless, H-2 petitions will only […]

Athletes / Entertainers / Artists (P and O)

Individuals with Extraordinary Ability or Achievement This visa is available to foreign nationals with extraordinary ability in the sciences, arts, education, business, or athletics, or those who have a demonstrated record of extraordinary achievement in the motion picture or television industry. P Visa The P Visa is granted to a performer, including an athlete, who is part of a group or team that is internationally recognized. Although the sole purpose of the stay is limited to a single performance, appearance, or competition, a single event is defined by Immigration to include an entire season, itinerary, or contract. For this reason, […]

Students (F-1)

The United States has been looked up to by many other countries as a country with a proper, fair, and strong education system in place. The F-1 student visa is the primary way by which non-U.S. citizens come to the United States to attend college, high school, private elementary school, seminary, conservatory, language training program, or other academic institution. F-1 student visa is extremely abundant among students and exchange guests who plan on coming to the United States to further their education.

Treaty Traders / Investors (E-1/E-2)

The Treaty Trader (E-1) or Treaty Investor (E-2) visa is for a citizen of another country planning to come to the United States to negotiate substantial trade. For those are partaking in trade in services or technology between a treaty country and the United States may be eligible for a E-1/E-2 visa. Treaty Trader (E-1) The E-1 visa is available to foreign nationals whose countries have a reciprocal treaty with the United States. To be eligible, the treaty trader must carry on substantial trade, principally between the United States and the country where the foreign national is from. There is no assigned dollar […]

Intra-company Transferees (L-1)

An employee who has specialized knowledge and currently is a managerial or executive employee at a foreign company may be able to earn a L-1 visa per request of the employer. A L-1 visa is transferred to a branch or subsidiary of the company that is located in the United States. In order to be considered for a L-1 visa, the employee must have spent one year within the past three years working for the same employer requesting their L-1 visa. A L-1 visa holder is usually called an intracompany transferee. This type of visa is only a temporary nonimmigrant […]

Specialty Workers (H-1B)

Every fiscal year there is a certain limitation placed on the number of specialty workers visas that are to be granted, including H1B and H2B visas. These visas are typically granted to those who want to work in a specialized work field, bring excellent services to a Department of Defense cooperative research and development project, or a well-renowned fashion model. Prospective specialty occupation and distinguished fashion model employers must obtain a certification of an LCA from the DOL. This application includes certain attestations, a violation of which can result in fines, bars on sponsoring nonimmigrant or immigrant petitions, as well […]

NAFTA Treaty (TN)

The TN (Trade Professional) visa is available to Canadians and Mexicans as part of the North American Free Trade Agreement (NAFTA). To those who are granted a Trade Professional Visa, a numerous amount of benefits are opened up to them through the NAFTA. Jobs that qualify for a TN visa are provided in a comprehensive list on the NAFTA. Canadians have the choice to apply for TN visas at land borders or airports while Mexican citizens must apply at a U.S. consulate. Although TN visas generally have an expiration date of three years, it can be renewed unlimited amount of […]