Immigration Services

San Jose Attorneys Skilled in Nationality Law and Related Matters

The Ahluwalia Firm stands at the forefront of immigration and nationality law, offering tailored legal solutions to families, businesses, and corporations worldwide. With a deep understanding of the complexities and nuances of immigration processes, our seasoned San Jose immigration lawyers are committed to guiding you through every step of your journey. From securing green cards and navigating temporary visa applications to addressing concerns about deportation, our team provides the expert advice and robust representation you need.

Rooted in the vibrant community of Silicon Valley and extending our reach through a dedicated office in Pleasanton, we serve a diverse clientele across the Central Valley and beyond. Our practice is characterized by a comprehensive approach to immigration law, embracing a wide array of services beyond those outlined here. At The Ahluwalia Firm, we recognize the unique circumstances of each client and are dedicated to achieving the best possible outcomes, leveraging our expertise to fulfill your immigration aspirations.

Nonimmigrant Visa Categories

The United States offers a plethora of nonimmigrant visa categories tailored for individuals looking to enter the country on a temporary basis for business, tourism, education, or employment. Among these, the H-1B visa stands out for foreign nationals intending to work in specialty occupations that necessitate a higher education degree. This is just one example of the many visas available, each with its own set of requirements and application processes, including B-1/B-2 for business and tourism, L-1 for intra-company transfers, and F, M, and J visas for students and exchange visitors. The journey to securing the right visa involves navigating through a complex legal and regulatory framework, requiring a detailed understanding of each visa’s specific conditions and eligibility criteria.

Green Cards

Pursuing a Green Card represents a pivotal step towards becoming a lawful permanent resident of the United States, granting you the freedom to live and work in the U.S. indefinitely. This sought-after status can be achieved through various pathways, including employment, family sponsorship, investment, asylum, adoption, and even self-sponsorship. Each avenue has its criteria and processes, reflecting the diverse ways individuals can integrate into the fabric of American society.

Among the most common routes to permanent residency is family sponsorship, where eligibility hinges on being an immediate relative of a U.S. citizen, fitting into a preference category as a family member of a citizen, being a family member of a Green Card holder, or belonging to a special category. This system underscores the importance of family unity and support in the immigration process, offering multiple avenues for reuniting families and building new lives in the United States.

PERM Labor Certifications

At The Ahluwalia Firm, we specialize in navigating the intricate PERM Labor Certification process, a critical step for United States employers looking to hire foreign nationals for permanent employment. The U.S. Department of Labor’s Employment and Training Administration requires employers to obtain a certified labor certification application. This certification is evidence that there are insufficient available, qualified, willing and able workers within the country to fill the position offered by the employer. The employment of a foreign national in this position will not adversely affect wages and working conditions of similarly employed U.S. workers.

The PERM process involves a series of precise steps, including conducting a rigorous recruitment process to prove the unavailability of U.S. workers who meet the job qualifications. Employers must also demonstrate that the offered wage meets or exceeds the prevailing wage determined by the Department of Labor for the occupation in the intended area of employment.

Adjustment of Status

Adjustment of Status (AOS) is a procedure that allows an eligible individual already in the United States to apply for lawful permanent resident status—commonly known as getting a Green Card—without having to return to their home country to complete visa processing. This pathway is particularly beneficial for those who are present in the U.S. on a temporary visa and meet the requirements for permanent residency. We specialize in facilitating the Adjustment of Status (AOS) process for individuals looking to change their immigration status from nonimmigrant (temporary) to immigrant (permanent) while residing in the United States. Whether you’re seeking permanent residency through family ties, employment, or other eligible categories, our team is committed to providing the comprehensive support you need to achieve your immigration goals.

Citizenship Applications

At The Ahluwalia Firm, we provide comprehensive assistance to immigrants seeking to become United States citizens through the naturalization process. Naturalization offers a pathway to U.S. citizenship for eligible permanent residents who meet the criteria set by the Immigration and Nationality Act. The journey to citizenship includes several pathways, tailored to accommodate different residency statuses and personal circumstances. For instance, individuals who have held permanent resident status for at least five years may be eligible to apply for citizenship. Similarly, those who have been permanent residents for a minimum of three years and are married to U.S. citizens can also apply, reflecting the diverse routes available for individuals seeking to fully embrace their life in the United States as citizens. Our expertise in immigration law ensures that we can guide you through every step of the naturalization process, helping to clarify eligibility requirements, prepare necessary documentation, and navigate the application process with confidence.

Waivers

We offer specialized assistance for foreign nationals facing challenges in gaining admission to the United States or adjusting their status due to grounds of inadmissibility. A waiver of certain inadmissibility grounds can be a critical solution for applicants who are otherwise ineligible for immigrant or nonimmigrant visas or those attempting to adjust their status within the U.S. These waivers can cover a range of inadmissibility reasons, including health-related issues, certain criminal offenses, immigration fraud and misrepresentation, membership in a totalitarian party, alien smuggling, or previous penalties related to a three- or ten-year bar due to unlawful presence in the country.

Obtaining a waiver requires a detailed understanding of immigration law and a strategic approach to demonstrating that an applicant’s admission would not be detrimental to the country or that their U.S. citizen or permanent resident qualifying relatives (such as a spouse, child, or parent) would face extreme hardship without their presence in the United States. Our experienced team is adept at navigating the complex waiver application process, offering personalized guidance to enhance your chances of a favorable outcome. Let us help you overcome these legal hurdles and move closer to achieving your American dream.

Deportation and Removal Defense

These proceedings occur if the Department of Homeland Security believes that a foreign national is inadmissible or deportable. The Immigration and Nationality Act sets forth numerous grounds for removing a non-citizen from the country back to his or her country of origin. For example, you may be removed from the United States if you commit a crime or violate immigration laws. You may also be removed for committing marriage fraud. Removal proceedings are complex, and the consequences are often serious. It is important to retain an experienced attorney if you are threatened with deportation and want or need to stay.

Contact an Experienced Immigration Lawyer in San Jose or Pleasanton

If you are dealing with any matter that affects your immigration status, the San Jose immigration attorneys at the Ahluwalia Firm have the experience to provide knowledgeable and diligent legal representation. We can assist clients in San Francisco, Oakland, Fremont, Daly City, Redwood City, Santa Clara, Cupertino, Clovis, Pleasanton, and other communities throughout Alameda, San Mateo, and Santa Clara Counties. Contact us online or call us at 408.981.7696 (Silicon Valley) to set up an appointment with a visa lawyer or seek guidance in another immigration matter.