Fawell & Associates has represented numerous individual and corporate clients in all areas of immigration law. The firm's immigration practice is concentrated in the following areas:


Permanent Residence and U.S. Citizenship

A permanent resident of the United States is a citizen of another country who resides here permanently. A permanent resident who has resided here for a specified period of time is eligible to become a U.S. Citizen. Fawell & Associates has successfully represented hundreds of individuals in the process of becoming both permanent residents as well as U.S. Citizens.

There are two main ways of becoming a permanent resident: The first is through family, and the second is through employment. A person who is the immediate relative (spouse, parent or child) of a U.S. Citizen is eligible for permanent residence immediately. Other family relationships that allow a relative to immigrate to the U.S. are unmarried adult child, married adult child, and brother or sister of a U.S. citizen. Permanent residents can apply for immigration benefits for children, spouses, and unmarried adult children. However, unlike the visas for immediate relatives of U.S. citizens, visas for other relatives are subject to numerical limits imposed by Congress. Since more people qualify for and want these visas than there are visas available, the foreign relative must wait in line for between five to fifteen years, depending on the relationship to the person in the U.S. The person's place in line for the visa is established by the relative in the U.S. filing a preference petition. Fawell & Associates assists with both the filing of preference petitions and obtaining visas for immediate relatives of U.S. citizens.

Employment is the second way of becoming a permanent resident. Persons of extraordinary ability in sciences, arts, education, business, or athletics who have demonstrated this extraordinary ability through national or international acclaim or recognized achievements are eligible to become permanent residents. Professionals who hold advanced degrees and are doing work that benefits the national interest of the U.S. are also able to become permanent residents.

Other individuals can become permanent residents through employment if the person is performing skilled work (meaning the position requires and the individual has either a bachelor's degree or at least two years training or experience in the position), but the person must have a sponsoring U.S. employer and a labor certification. Labor certification is a process though which the U.S. employer demonstrates to the U.S. Department of Labor that the employer is unable to find an American worker that is able, willing, and qualified to perform the job for which the foreign national is sought. Fawell & Associates has guided numerous employers through this complicated process and has been successful in obtaining many employment-based visas for talented foreign nationals now providing services to U.S. companies.

Visa Lottery

The Diversity Immigrant Visa Program, commonly referred to as "the visa lottery", is a program run by the Department of State through which individuals who wish to become permanent residents send in their names and addresses and a drawing is held to select winners who can then apply for permanent residence. The visa lottery is available to anyone from a qualifying country who has either a high school diploma or two years work experience in an occupation requiring at least two years of training or experience. A qualifying country is any country except the following: Canada, China, Colombia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Philippines, Poland, South Korea, United Kingdom (except Northern Ireland), and Vietnam.

Winning the visa lottery does not guarantee an immigrant visa. The individual must apply for permanent residence, and Fawell & Associates represents visa lottery winners in this part of the process.

Deportation

Individuals legally present in the U.S. who are not U.S. Citizens can become subject to deportation if they commit acts which the Immigration and Nationality Act classifies as deportable offenses. Criminal acts are among the most common reason non-citizens find themselves facing deportation, and because Fawell & Associates also concentrates in criminal defense, the firm is in an excellent position to advocate in such cases.

Fawell & Associates has successfully represented individuals in deportation proceedings because of allegations of marriage fraud, document fraud, drug addiction, alien smuggling and criminal convictions. The firm also handles appeals and federal litigation involving immigration and deportation issues.

Asylum

Political asylum is potentially available to individuals who come to the U.S. fleeing persecution in their home countries. To qualify for asylum, the persecution must be based on race, religion, national origin, political opinion or membership in a particular social group, and the burden of proof is on the individual seeking asylum. A grant of political asylum leads to permanent residence, but documenting and proving that there actually is persecution and that it is based on one of the required categories can be difficult. Fawell & Associates is often retained to assist with the presentation of this evidence both before the Immigration and Naturalization Service and in deportation proceedings which commence once the Service denies a person's asylum claim.

Nonimmigrant Visa Processing

Individuals from other countries coming to the United States for a specific purpose for a specific period of time enter the country on nonimmigrant visas, and Fawell & Associates advises these individuals about the process of obtaining the nonimmigrant visa. Examples of nonimmigrant visas are B1/B2 Visitor, F1 Student, L1 Intracompany Transferee, R1 Religious Worker, and H-1B Temporary Worker.

The H-1B Temporary Worker is a visa for a person who does professional-level work for a specific U.S. employer. This type of visa is employment-based and requires an employer-employee relationship between a U.S. company and the foreign national seeking employment. Fawell & Associates is frequently retained by both U.S. companies as well as foreign nationals to assist with obtaining this type of visa.