Join a spouse, parent, child, or another qualifying relative
Family-based cases include immediate-relative and family-preference petitions. A U.S. citizen’s fiancé or fiancée generally follows the K-1 nonimmigrant route.
IMMIGRATION SERVICESU.S. Immigration Legal Services for Individuals, Families and Employers
Our immigration services at Arvian Law Firm
Employment-Based Green Cards
EB-1A, EB-1B, EB-1C, EB-2, EB-2 NIW and EB-3 green card strategies.
Work Visas
H-1B, O-1, L-1, E-1 and E-2 options for professionals, executives, founders and investors.
Employer Immigration
PERM, ETA-9089, I-140, RFE/NOID responses and employee transfers for U.S. employers.
Family Immigration
I-130, marriage green cards, CR-1 / IR-1, K-1 and I-864 family sponsorship matters.
Adjustment & USCIS Filings
I-485, I-539, I-907 and Supplement J filings, status changes and related USCIS strategy.
Citizenship / Complex Cases
N-400, N-336, waivers and removal/deportation matters where representation is offered.
Start With the Immigration Outcome You Need
Choose the immigration outcome first. Eligibility depends on your location, manner of entry, petitioner, visa availability and the agency handling the case. Family, employment, business, asylum, removal and citizenship cases have distinct rules and deadlines.
A petition, visa, admission, lawful status, work authorization and permanent residence are separate benefits. Approval of a family or employment petition may establish a basis for a later step; it does not itself provide a visa, lawful status or employment authorization.
Key point: choose the immigration category before choosing the form. The applicant’s entry history, current status, earlier applications, family relationships, professional background, court records, and available evidence can change the correct route.
Which Immigration Service Fits Your Situation?
Work temporarily in the United States
Temporary work classifications include H-1B, L-1, O-1, E-1, E-2 and TN. Eligibility depends on the position, sponsor, nationality and qualifications.
Pursue permanent residence through employment
Employment-based residence includes EB-1, EB-2 and EB-3. Many cases require an employer and PERM, while qualifying EB-1A and NIW applicants may self-petition.
Invest in, open, or manage a U.S. business
Business immigration depends on nationality, investment, ownership, corporate relationships and whether temporary or permanent residence is sought.
Respond to removal proceedings
Removal cases require review of the Notice to Appear, hearing dates, prior orders and potential relief before an immigration judge.
Seek protection from persecution
Asylum requires a connection between persecution and a protected ground; the one-year deadline, exceptions and supporting evidence also matter.
Apply for citizenship or document an existing claim
Citizenship cases may involve N-400 naturalization, citizenship at birth, derived citizenship or Form N-600 documentation.
Which Agency Handles the Case
A case may move between agencies. Jurisdiction determines the filing procedure, evidence requirements, deadlines and available remedies.
U.S. Citizenship and Immigration Services
USCIS decides many petitions and applications submitted in the United States, including Forms I-129, I-130, I-140, I-485, N-400, and N-600. It also handles affirmative asylum applications filed on Form I-589.
Department of State and U.S. consulates
The Department of State oversees visas abroad. Consular officers review the application, admissibility, supporting documents and any required approved petition.
National Visa Center
NVC collects fees, Form DS-260, sponsorship and civil records in many approved immigrant-petition cases before the consular interview.
Executive Office for Immigration Review
EOIR operates the immigration courts and the Board of Immigration Appeals. Immigration judges decide removal cases and applications for relief that fall within court jurisdiction.
Department of Labor
The Department of Labor manages PERM certification and certain labor-condition filings. PERM normally precedes a related employer-filed I-140.
Main Legal Services
Family-Based Immigrant Petitions
Immediate-relative categories generally cover the spouse, qualifying unmarried child under 21, or parent of a U.S. citizen. These categories are not subject to the annual numerical limits that apply to family-preference cases.
Family-preference categories cover specified relatives of U.S. citizens and permanent residents. Annual limits can create waits tied to the priority date and Visa Bulletin.
Form I-130 establishes the petitioner’s status and qualifying family relationship; marriage petitions also need evidence of a genuine marriage. Approval alone does not confer lawful status or work authorization.
Family-based immigration servicesK-1 Fiancé or Fiancée Visa
The K-1 fiancé visa is a nonimmigrant route for a U.S. citizen’s foreign fiancé or fiancée, generally beginning with Form I-129F. After admission, the couple must marry within 90 days.
Marriage after K-1 admission does not itself grant a green card. The eligible spouse normally applies for adjustment of status with evidence of the relationship, prior marriages and admissibility.
Temporary Work Visas
H-1B covers qualifying specialty occupations, L-1 certain intracompany transferees and O-1 applicants meeting the applicable extraordinary-ability standard. Treaty-based E classifications require qualifying nationality and treaty eligibility.
Many temporary-worker cases begin with employer- or agent-filed Form I-129. Evidence may cover duties, wages, worksite, qualifications, corporate relationships or prior foreign employment. PERM is a separate process.
Work visa servicesEmployment-Based Green Cards
Employment-based green cards include EB-1, EB-2 and EB-3. Many cases require a job offer and employer-filed I-140, while qualifying EB-1A and EB-2 NIW applicants can self-petition.
Many employer-sponsored EB-2 and EB-3 cases require PERM. The employer obtains a wage determination, conducts lawful recruitment and files the labor certification application.
For certain employer-sponsored I-140 petitions, USCIS examines the employer’s ability to pay the offered wage from the applicable priority date. This is not a universal temporary-visa requirement.
PERM, I-140, visa availability and I-485 or consular processing are separate stages.
Employment-based residence servicesBusiness Immigration
Business immigration may involve treaty investors, intracompany transferees, executives, founders and immigrant investors. The route depends on nationality, corporate relationships, the applicant’s role and immigration goals.
E classifications depend on nationality and treaty terms. L-1 and EB-1C require qualifying corporate relationships and relevant work abroad. Investor cases may require ownership records and proof of lawful funds.
Creating a U.S. company is not enough. The documents must match the way the business operates, including contracts, banking activity, staffing, payroll, premises, and the applicant’s duties.
Business immigration servicesRemoval and Deportation Defense
Removal defense begins with the Notice to Appear and court record. Entry, immigration history, criminal issues, prior orders and family circumstances may affect available relief.
Relief may include contesting removability, asylum, withholding of removal, CAT protection, cancellation, adjustment or a waiver when available. Missing a hearing risks an in absentia order, while filing deadlines can also be decisive.
Removal defense servicesAffirmative and Defensive Asylum
Asylum generally requires past persecution or a well-founded fear linked to a protected ground: race, religion, nationality, political opinion or a particular social group. Unsafe conditions alone do not establish that connection.
Form I-589 generally must be filed within one year of the last U.S. arrival. Changed or extraordinary circumstances may justify an exception if the applicable conditions and timing rules are met.
USCIS generally handles affirmative asylum outside removal proceedings; EOIR judges hear defensive asylum in court. Earlier filings, interviews, travel and consistency between testimony and documents may affect either path.
Asylum servicesNaturalization and Citizenship Documentation
Form N-400 is used by many permanent residents seeking naturalization. Requirements can involve continuous residence, physical presence, travel, good moral character, criminal and tax history, family obligations and lawful permanent residence.
Citizenship may be acquired at birth through a U.S. citizen parent or derived later under applicable law. Eligible applicants may use Form N-600 to document citizenship already held; it is not a naturalization application.
Citizenship and naturalization servicesAdjustment of Status and Consular Processing
Applying from inside the United States
Form I-485 allows an eligible person in the United States to apply for permanent residence without completing an immigrant visa interview abroad. Physical presence alone is not enough.
Under INA 245(a), an applicant generally must have been inspected and admitted or paroled, qualify for an immigrant category, and meet visa availability and other adjustment requirements.
Unauthorized employment, status violations, entry history and inadmissibility can affect adjustment. Exceptions or alternative provisions must be evaluated against the applicant’s circumstances.
USCIS also treats adjustment of status as a discretionary benefit. A pending I-485 does not erase earlier violations or guarantee approval, employment authorization, or safe international travel.
Applying through a U.S. consulate
Applicants abroad typically pursue an immigrant visa through the Department of State after petition approval and visa availability. NVC may collect Form DS-260, civil records, sponsorship documents and fees before the interview.
A consular officer determines visa eligibility. Prior refusals, unlawful presence, misrepresentation, criminal or medical issues, security checks and missing records can matter even after petition approval.
The choice depends on entry and status history, visa availability, admissibility, family circumstances and the consequences of departing the United States.
Documents Needed for an Initial Assessment
The first assessment does not require every document that will eventually be submitted. It does require enough information to identify the likely category, responsible agency, deadlines, and possible problems.
| Records | What to prepare | Why it matters |
|---|---|---|
| Identity and immigration history | Current and expired passports, visas, I-94 records, work permits, green cards, entry records, USCIS notices, consular correspondence, and court documents. | These records show the manner of entry, current or prior status, earlier cases, travel history, and important deadlines. |
| Previous applications and decisions | Earlier petitions, applications, interview records, requests for evidence, notices of intent to deny, refusals, denials, motions, and appeals. | Earlier submissions show what the government was told and which findings or inconsistencies still need to be addressed. |
| Family and civil records | Birth, marriage, divorce, adoption, death, custody, and name-change records, together with relationship evidence where relevant. | They establish family relationships and can reveal prior-marriage, age, derivative-status, or identity issues. |
| Education and employment | Degrees, transcripts, evaluations, résumés, experience letters, employment agreements, job descriptions, licenses, publications, and awards. | They show whether the applicant and the proposed position meet the requirements of a work or employment-based category. |
| Employer and business evidence | Formation and ownership records, tax returns, financial statements, payroll, contracts, organizational charts, bank records, and investment documents. | They support corporate relationships, active operations, qualifying employment, staffing, and financial requirements. |
| Court and compliance records | Certified court dispositions, charging documents, probation records, tax transcripts, support-payment records, and documents concerning prior immigration violations. | They can affect admissibility, removability, good moral character, disclosure duties, and eligibility for relief. |
Prior denials, arrests, status violations, unauthorized employment, removal orders, and conflicting dates must be disclosed during the assessment. Their effect differs by case, but omitting them prevents accurate advice and can create a larger problem later.
How Representation Is Organized
1
Identify the requested benefit
First identify the category, responsible agency, visa availability and filing route.
2
Check eligibility against the full history
Review entry, status, previous filings, employment, family and court history against legal requirements.
3
Build the evidence
Match each legal requirement to evidence and identify missing records, translations, statements and employer documents.
4
Prepare consistent forms and supporting materials
Check that names, dates, employment, travel and prior answers agree across forms and exhibits.
5
Track notices and deadlines
Track receipts, biometrics, agency requests, interviews, NVC notices and court deadlines.
6
Prepare for the next stage
Determine any remaining adjustment, consular, family, employment or travel-document steps after the petition decision.
Responding to a Denial or Refusal
Response options depend on the issuing authority, decision type, stated grounds and deadline. USCIS denials, consular refusals, immigration court decisions and BIA decisions follow different procedures.
Received a USCIS notice? An RFE or NOID can require a response before a final decision; a NOIR concerns a proposed revocation. See our USCIS RFE, NOID and NOIR response services for notice review, evidence preparation and response deadlines.
- A new application can be appropriate when the law permits refiling and the earlier problem can be corrected. Submitting the same evidence again can lead to the same outcome.
- A motion to reopen or reconsider is available only for specified decisions and must meet the applicable deadline and legal standard.
- An administrative appeal exists only when the governing rules provide one. It must be sent to the correct authority on time.
- A waiver is possible only when the law provides a waiver for the particular ground and the applicant meets its requirements.
- Another immigration category can be considered when an independent basis exists, but it does not remove findings or violations from the earlier case.
Review the complete filing and written decision before responding; an online status message rarely explains every legal reason.
Common Questions
Should I choose a form before choosing an immigration category?
No. The category and its requirements come first. The correct form depends on the benefit requested, the responsible agency, the applicant’s location, and the facts of the case.
Does approval of an I-130 or I-140 give the beneficiary legal status?
Not by itself. Petition approval can establish a qualifying family or employment basis, but permanent residence, a visa, admission, status, and work authorization require their own approvals.
Can every denial be appealed?
No. Appeal rights depend on the application, decision-maker, and governing rule. Some decisions permit an appeal or motion, while others require a different response.
Can I submit Form I-485 because I am already in the United States?
Physical presence is not enough. Eligibility depends on the applicable adjustment provision, manner of entry, immigrant category, visa availability, statutory restrictions, admissibility, and discretion.
Is PERM required for every employment-based green card?
No. PERM is used in many employer-sponsored EB-2 and EB-3 cases. Certain EB-1 petitions and qualifying EB-2 national interest waiver cases do not require it.
Is the K-1 an immigrant visa?
No. The K-1 is a nonimmigrant fiancé or fiancée visa. The person normally applies for permanent residence after entering, marrying the U.S. citizen petitioner, and becoming eligible to adjust status.
What is the deadline for an asylum application?
Form I-589 generally must be submitted within one year after the applicant’s last arrival. Changed or extraordinary circumstances can create an exception when the requirements are met.
What is the difference between N-400 and N-600?
Form N-400 is generally used to apply for naturalization. Form N-600 is used by certain people requesting proof of citizenship they already acquired or derived under U.S. law.
Official References
Form editions, fees, addresses, deadlines, and agency instructions can change. Confirm the current requirements on the relevant government website before submission.
Review Your Immigration Options
Before a consultation, prepare a short timeline, current identity and status documents, copies of earlier applications and decisions, and the records most closely connected to the family, employment, business, asylum, court, or citizenship issue.
ARVIAN LAW FIRMImmigration Law Practice
Arvian Law Firm handles U.S. immigration matters involving family petitions, employment-based immigration, work visas, business immigration, USCIS filings, citizenship, and selected asylum or removal matters.
Each matter is reviewed for eligibility, evidence, filing strategy, deadlines, and consistency with the client’s prior immigration history. The scope of representation depends on the facts of the case and the services agreed with the client.
What Our Clients Are Saying
SERVICES
LINKS
CONSULTATION
Arvian Law Firm LLC
Vitalii Maliuk,
ATTORNEY AT LAW (МО № 73573)
Copyright © Arvian Law Firm LLC 2026