Immigration Services - San Antonio Immigration Lawyer

Our office can help with your residency/family based immigration questions and issues. Do you have a petition for yourself or a family member that has “fallen through the cracks”? Are there questions that you and your family have concerning a particular method of applying for a family member? What if you have no valid visa, but have been here since you were a child? What should I do if I don’t have a visa, or my visa is expired? What if I don’t have immigration status altogether? These issues, along with many others, are the types of cases we deal with regularly.

Every case is specific and every case is different. Please consult our office and schedule an appointment to speak to an attorney about your specific situation – we will always make sure you have considered all of your options.

Residency & Family Based Immigration

Our office provides a wide range of immigration services, and we can help with applications for a spouse, parent, child, or sibling. If you are trying to apply for residency for your family members, there may be many methods to do so. Our office will represent you in front of the United States Citizenship and Immigration Services from the initial filing of your application, all the way until your green card interview or consular process.

Petitions for Family Relative (Spouse, Child, Parent, Sibling); I-130, I-485 and Consular Process

We can start your application process for you, as well as file and prepare you for your interview in the United States or in your home country. We will take care of the entire process, including compiling and submitting all proper documents and applications, as well as attending the interview with you if possible – or scheduling one for you at the proper U.S. Consulate.

I-751 Removal of Conditions for Spouse or Individual

Those who were married less than two years when they received their “green card” will have to file for a removal of conditions to receive a permanent “green card”. We can represent your family for this entire process.

K-1, K-2, K-3 Fiancé Visas

If you are in a relationship and you intend to marry your foreign spouse, you can apply for them to enter the United States on a “non-immigrant” fiancé visa – we can

Waivers, I-601, 245(i)

Some applications and situations require a waiver to be filed with the United States Citizenship and Immigration Services, or the U.S. Department of Homeland Security. A very typical example is someone who entered the United States without a valid visa would likely need a waiver. Furthermore, if you have been convicted or charged with certain crimes, you will likely need a waiver. Our office can determine if you will need a waiver, and what kind. These waivers are extremely important and we recommend that they are taken care of by an attorney. This office has the experience necessary to provide you with a comprehensive waiver for your immigration application. This is an immigration service that is extremely sensitive in nature, and would require consultation with a qualified attorney.

VAWA – Violence Against Women Act

This office can represent men and women that have been victims of domestic crimes or violence as it relates to their immigration status. Consultations and appointments are always 100% confidential.

Naturalization / Citizenship N-400 or N-600

Have you decided you want to become a United States Citizen? We can help. Our office can make sure you qualify, prepare you completely, and also attend the naturalization interview with you. If you have been a U.S. resident for at least 5 years (or 3 years if you are married to a U.S. Citizen), you can start your naturalization process today!

Deferred Action for Childhood Arrivals – DACA

If you have been in the United States continuously since you were a child, and you are between the ages of 15 and 30, you may qualify for legal status in the United States.

Petitions for Special Immigrants, I-360

There are many categories of special immigrants that are given a way to apply for visas in the United States. The list is extremely long, and we suggest you come in for a no-obligation consultation to determine if you are eligible. This category includes those that have assisted the U.S. Military, widows, particular juveniles, religious workers, or citizens from particular countries are just a few of the types of immigrants that can apply here.

Employment & Investment Based Immigration

Our office has extensive experience when it comes to employment based or investment based visas. From temporary workers permits to intra-company transfers, from treaty investors to multinational executives, we have the requisite experience to help you or your companies obtain the right employment or investment visa. Before you invest in the United States for permanent residency or a visa, contact our office for a free consultation on the right immigration services!

Remember that those who have employment opportunities or the resources to invest within the United States, may qualify for a valid visa. Family ties are not the only way to immigrate to the U.S.

Temporary employment visas (H1A, H1B, H2A, H2B)

If you are a company or individual that is trying to hire foreign workers for domestic labor, or simply an individual that wants to find out more about possible temporary worker visas, the “H-Visa” category applies to you. Foreign workers with the proper training, experience, and education are allowed to obtain visas to work in the U.S. for a certain period of time. Workers ranging from agricultural workers, to specialized employees with masters or doctorate qualifications, all have methods of qualifying for temporary employment visas within the United States. Companies or individuals looking to hire seasonal workers, specialized unskilled labor positions (carpenters, electrician, steel worker), agricultural workers, or skilled specialized employees within almost any industry (finance, IT, engineering, computer programing, business, etc.) should contact our office for a comprehensive review and consultation regarding your business, and how we can help with your employment and staffing situation as it relates to U.S. Immigration.

Intra-company Transfers – L1 Visas

L-1A and L1-B Visas are available for Employees of an International Company with offices both abroad and in the United States. INTRA-COMPANY TRANSFER for executives or specialized employees. Certain qualified managers or employees of international companies are allowed to enter the US with an employment visa to work for their company’s American subsidiary or affiliate. Furthermore, we can assist companies in forming and creating qualifying American affiliate companies. Our office has extensive experience representing dozens of companies and individuals for their L1 Visa applications. We will handle:

  • Domestic company vetting or formations
  • Foreign and Domestic relationship verification
  • Foreign company viability study and summary
  • Comprehensive Business Plan tailored to the requirements of USCIS
  • Company structure, hierarchy, and qualifying job development
  • L1A or L1B visa application, paperwork, supporting documentation
  • Personal supporting documentation
  • Premium Processing Requests
  • Any and all additional correspondence with USCIS, including any and all Requests for Evidence (RFE).

The L1 visa is also a very unique vessel as it allows for “dual intent”. As a non-immigrant visa, the holder can express the intention to convert the visa to a permanent resident visa, and will suffer no consequences. Unlike the tourist visa, for example, one would not suffer the risk of having their visa revoked, just because they have a concurrent permanent resident petition on file. Commonly utilized permanent resident visas are the EB-1C category, or an application through a U.S. Spouse. If you have a foreign company abroad with an American affiliate, or you have intentions of creating an American affiliate, the L1 visa is a strong consideration for a valid visa in to the United States of America. Call our office for a free, no-obligation comprehensive consultation of your business and visa eligibility today.

Treaty Trader or Investors– E-1 / E-2 Visa

The “E-1” or “E-2” visa classification allows a national of a foreign “treaty country (a country with which the United States maintains a treaty of commerce and navigation)” to be admitted to the U.S. with a valid visa to engage in international trade or investment/management on her own behalf. If you are a foreign national of a treaty country with the United States, a substantial investment into a U.S. entity, may qualify you for a valid entry visa. If you have the resources to invest in a new company or existing business, please consult our offices to see if you qualify for an E-2 visa.

Employment Based Visas – EB-1, EB-2, EB-3, EB-4, EB-5

The employment based visa family is a broad category of visas that grant permanent residency within the United States.

  • EB-1 Visa is an employment-based permanent residency visa that is intended for “priority workers”, or those foreign nationals that are:
    • individuals with extraordinary ability (EB-1A),
    • outstanding professors or researchers (EB-1B),
    • and some executives and managers of foreign companies that are transferred to the U.S. (EB-1C).
  • EB-2 Visa is an employment-based permanent residency visa that is intended for foreign nationals who possess advanced degrees or exception abilities.
    • Advanced Degree is usually signified by a job position or title that requires more than just a baccalaureate degree, and at least a Master’s Degree.
    • Exceptional Ability is defined as a “degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”

    Our office can help you determine whether or not you qualify for EB-1 or EB-2 status, and can assist you with the entire application procedure.

  • EB-3 Visa is a visa that is intended for “skilled workers, professionals and other workers” that don’t qualify for EB-1 or EB-2 preferences. This category differs significantly from the EB-1 and EB-2 categories, in that the EB-3 applicant MUST have a sponsoring employer. Furthermore, the priority date and waiting period is typically much longer for EB-3 applicants. This is where many need to decide on filing for an EB-3 or trying alternative temporary workers permit routes. Our office is well qualified to determine which category you should apply for.
  • EB-4 Visa is a category best described as “special immigrants”. These visas are available for a wide range and variety of professions, some of them having no connection to employment whatsoever. Most of the categories and “jobs” are similarly defined in the I-360 special immigrants section and includes, but is not limited to positions such as: Religious workers or clergy, Armed forces members, Broadcasters, Physicians, Certain translators.

If you are in doubt of whether or not you qualify for any of these categories, please arrange a free consultation with our office today and we will be able to comprehensively guide you through the determination process. We will always work our hardest to find a method of immigration for you and your family.

Treaty Nation Visa – TN Visa

If you are a baccalaureate / bachelor’s degree holder from Mexico or Canada, and you have a relevant job offer in the same field as that which you have a degree, you are eligible for a valid non-immigrant visa to enter into and work in the United States for a particular company, business or individual. The TN visa is exclusive to foreign nationals from Mexico and Canada, and is a great alternative for a young professional to start their career in the U.S. job market.

EB-5 Visas and Regional Center Consulting

EB-5 Visas

The EB-5 visa is a very particular and unique type of “employment/investment-
based” visa that is available to foreign nationals. Essentially by investing $1 Million into the American economy and creating 10 full time jobs over a two year period, an investor is able to obtain permanent residency for themselves and their family. This investment is available for reduction if the investor invests funds into a “targeted employment area” or “rural” area. There are two main types of EB-5 Investment Visas.

Self-Directed EB-5

For those entrepreneurs that wish to invest into an enterprise or company that they are familiar with, and will have management control over, the self-directed EB-5 visa category is most suitable. A foreign national investor need only make a qualified investment within an American enterprise, while creating 10 full time jobs to meet the requirements of this visa.

Regional Center EB-5

For those investors that wish to take a more “passive” approach with their investments, foreign nationals can direct their funds to an established and approved USCIS Regional Center. By actively participating in a limited partnership with other investors, the foreign national qualifies for the EB-5 visa, so long as the investment project meets all of the forecasted projections.

Attorney Chris Peng has extensive experience with regards to EB-5 self-directed project qualification as well as Regional Center formation and qualification. Having worked as lead counsel and lead researcher for an approved USCIS Regional Center, Mr. Peng has the experience necessary to take your regional center project from a feasibility study, to an approved I-924 USCIS entity. With successful experiences facing I-924 Requests for Evidence and Notices of Intent to Deny, Mr. Peng has the requisite experience to act as a Regional Center attorney or consultant.

As a fluent mandarin speaker with many business and familial ties to the People’s Republic of China and Mexico, Chris Peng is well qualified to assist you and your company in EB-5 visa consultation and representation, as well as Regional Center qualification, formation and consulting.

Tourist, Temporary, Student Visas

B1/B2 Visas

Our office is able to help and assist in the application and filing for tourist visas to the United States (B2 Visas) as well as temporary visas for business visits (B1 Visas). In addition we can file the form I-539, which is an application to extend non-immigrant status if you already have a current visa and are merely looking to extend. Whether you are trying to enter to U.S. for a business conference, seminar, or simply to visit your relatives, our office can help with that visa.

K Visas

Student Visas

Deportation Defense

Our office is extremely experienced and well equipped to handle any and all forms of Deportation or Removal Defense.  Whether you have an affirmative application, are caught without any form of visa, have a pending application, or are in removal proceedings for any reason, please consult our office immediately.

We handle Bond Hearings, Determination hearings, removal representation, cancellation of removal cases, adjustments, asylum applications, as well as EOIR Appeals with the Immigration Court.  Deportation cases are extremely sensitive and private in nature, you want to make sure you’re receiving immigration services from those who are qualified; call us and schedule an appointment today.  

All Content Written by Christopher Peng