Dallas Immigration Lawyer
Rabinowitz & Rabinowitz, P.C. is dedicated solely to providing U.S. immigration-related legal representation in the Dallas, Texas area and throughout the United States. We represent and counsel a wide range of clients from individuals and families to U.S. domestic and multinational corporations, as well as investors, in all aspects of immigration law including complex immigration issues, which we particularly enjoy.
Dallas Immigration Lawyers Getting Results for Businesses, Families and Individuals
Businesses: It is hard to overemphasize the complexity of employment-based immigration law. Businesses hiring foreign nationals for temporary or permanent positions, must simultaneously remain proactive with respect to regulatory compliance responsibilities. Highly experienced immigration lawyers fulfill a key role in successfully guiding businesses through all steps in the process of reaching their staffing goals in a manner that is consistent with U.S. immigration law and regulations. The immigration lawyers at Rabinowitz & Rabinowitz, P.C. bring more than 5 decades of collective expertise to delivering immigration solutions to their clients.
Families: Family unification is the historical touchstone of U.S. immigration law. Lengthy Government processing time can feel especially burdensome and frustrating to individuals and families who are emotionally poised to begin their new joint history together. At Rabinowitz & Rabinowitz, P.C., we not only maintain our focus on the legal aspects of the matters with which we are entrusted, but we also proceed with empathy and do everything possible to move the process along as quickly as the law allows.
Individuals: Each individual brings his or her own dreams and goals to the U.S. immigration process. That dream might be to gain valuable work experience in the U.S. through an assignment pursuant to a nonimmigrant (temporary) visa, to ultimately qualify for lawful permanent resident (“Green Card”) status based upon employment, to obtain a Green Card resulting from a filing by a family member, to apply for naturalization as a U.S. citizen, or to successfully document derived status as a U.S. citizen.
Rabinowitz & Rabinowitz, P.C. brings a wealth of experience to immigration planning and implementation. We carefully analyze clients’ historical information and current and future U.S. immigration objectives, comprehensively prepare the requisite nonimmigrant and/or immigrant visa petitions, scrutinize prospective supporting documentation, and build the strongest possible cases. As experienced Dallas immigration lawyers, we take pride in professionally preparing each visa application with the objective of presenting clearly approvable cases. Our aim is a smooth process, the greatest likelihood of a successful outcome that we can provide, and the shortest possible path to visa approval.
What is an E visa?
E-1 Treaty Trader and E-2 Treaty Investor nonimmigrant visa statuses are available as a result of Treaties of Friendship, Commerce and Navigation; Bilateral Investment Treaties; and the United States-Mexico-Canada Agreement (USMCA) which specifically applies to nationals of Canada and Mexico. There are more than 80 of such treaties. For foreign nationals of countries which have not entered into a qualifying treaty with the U.S., there are still other avenues to consider for pursuing immigration benefits resulting from investment.
E-1 and E-2 nonimmigrant investors and qualifying employees of the investors may temporarily engage in business in the U.S. While the E-1or E-2 status is a temporary one, it may be renewed for an indefinite period of time.
Whether within the E-1 or E-2 structure or outside of it for those who do not qualify, a Dallas immigration attorney at Rabinowitz & Rabinowitz, P.C. can provide the eligibility assessment and legal representation necessary to pursue trade, investment and employment goals in the United States.
What is an H-1B visa?
The H-1B nonimmigrant visa classification for specialty workers has a long history of importance to both U.S. employers and foreign-born university graduates. Qualifying H-1B specialty occupations require a bachelor’s or higher-level college degree in the specialty, and the theoretical and practical application of a body of highly specialized knowledge. Both employers and employees share the initial objective of short-term, temporary, employer-specific work authorization. Many employers and employees also look further ahead, working with Dallas immigration attorneys to engage in immigration planning to strategically position the cases to satisfy the employer’s long-term staffing needs and the employees desire for a more permanent status in the U.S., a status gained through issuance of a Green Card.
Applying for an H-1B visa
In beginning all H-1B cases, the Dallas immigration attorneys of Rabinowitz & Rabinowitz, P.C. are attentive to both the present and future needs and goals of the U.S. employer and the foreign-born prospective employee, and engage in strategic immigration planning to formulate a comprehensive solution that contributes to staffing stability for businesses, robust corporate regulatory compliance programs that best protect employers, and a long-term strategy for the future for the foreign-born prospective employee. At Rabinowitz & Rabinowitz, P.C., we believe in the fundamental value of getting to know our clients, and we know that strategic immigration planning for both businesses and employees is critical. We work hard to achieve the smoothest path to achieve their short- and long-term immigration goals, and we always remember that the dreams of an individual can form the roots of a family tree in a new country.
What is an L-1 visa?
The L-1 intracompany transferee classification can be an exceptionally useful tool for qualifying multinational business entities. Qualifying entities are those bearing a parent, branch, subsidiary or affiliate relationship to each other, as those relationships are specifically defined under U.S. immigration law.
In contrast to the H-1B nonimmigrant visa classification, the L-1 nonimmigrant visa classification is not subject to an annual numerical cap on petition approvals. This accords qualifying entities greater flexibility to petition for and move international personnel when needed.
Applying for an L-1 visa
After demonstrating the existence of a qualifying relationship between the foreign and U.S. business entities, certain executive, managerial and specialized knowledge employees may be admitted to the U.S. in L-1 status to work for either the new or existing, qualifying U.S. business. U.S. immigration law provides highly detailed definitions of executive, managerial and specialized knowledge positions. L-1 visa petitions for individuals who will staff new, qualifying U.S. businesses are subject to greater scrutiny, more extensive adjudication standards, and a far shorter period of authorized admission than L-1 petitions for those who are coming to work for well-established, qualifying businesses. Representation by an experienced Dallas immigration lawyer is critical to achieving the benefit sought on a timely basis.
What is an O-1 visa?
O-1 nonimmigrant visas are granted to those persons who have extraordinary ability in the sciences, arts, education, business or athletics who are coming temporarily to the U.S. to continue to work in the area of extraordinary ability. Applicants must demonstrate extraordinary ability by proving sustained national or international acclaim as set forth in the regulations.
The regulations provide that extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that the person is one of the small percentage who has risen to the very top of the field of endeavor. On the other hand, extraordinary ability in the field of the arts is proved by distinction, that is a high level of achievement evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known.
An experienced Dallas immigration lawyer at Rabinowitz & Rabinowitz, P.C. can provide the strategic analysis and legal representation required by these accomplished individuals and their employers in the United States.
What is a K-1 visa?
K-1 petitioners must be citizens of the U.S.. When engaged to a foreign-born person, a K-1 petitioner can file a petition to classify a fiancé as a K-1. Technically, K-1s are nonimmigrant visas and as such authorize only a limited period of admission in the U.S. Still, the K-1 visa is nonetheless designed for a more permanent immigration status, ultimately a Green Card. Because of this unique dual vision, at the consular application stage abroad, the K-1 nonimmigrant visa is processed in a way substantially similar to how an immigrant visa petition would be processed for a qualifying relative. The sole permissible basis upon which a K-1 nonimmigrant may enter the U.S. is to marry the U.S. citizen petitioner. The K-1 nonimmigrant must marry the petitioner within 90 days of entry as a prerequisite to proceeding with the next filing that will ultimately result in conditional lawful permanent resident (“conditional”Green Card) status.
Applying for a K-1 visa
There is a multi-step path to immigrant or Green Card status. The petition filed with USCIS in the U.S. must be supported by evidence including proof that the petitioner and visa applicant have met in person within two years prior to the filing of the K-1 petition. Next, an approved petition is processed by the U.S. Department of State (DOS) which includes an interview before a U.S. consular officer. After approval of the visa, the K-1 nonimmigrant must enter the U.S. and conclude a legally valid marriage before he or she may file for adjustment of status to that of a lawful permanent resident. Even then, the attention of U.S. immigration authorities to the new union is not entirely concluded. K-1 beneficiaries who have adjusted to lawful permanent resident status are granted that status on a conditional basis only. To remove the conditional basis, there must be a well-supported, timely filing made with USCIS, and an interview may be required before USCIS removes the condition. The experienced attorneys at Rabinowitz & Rabinowitz, P.C. compassionately represent K-1 petitioners and their foreign-born fiances throughout this lengthy process, mindful of the time compression that they feel, the excitement of a new phase of life, and the interest of certainty obtained when the conditional basis of the status is removed.
Family-based immigrant visa petitions
The Dallas immigration lawyers at Rabinowitz & Rabinowitz, P.C. bring over 5 decades of cumulative experience to representing petitioners and applicants in family-based immigration cases involving filings made by U.S. citizens or lawful permanent residents on behalf of qualifying close family members.
U.S. citizens may file for “immediate relatives” including a spouse, unmarried children under age 21, and parents. The issuance of immigrant visas to immediate relatives does not involve numerical limits on the number of such persons that may be admitted each year. Consequently, it is government processing time alone that determines how long an immigrant visa application for an immediate relative will take. U.S. citizens may also file for their unmarried sons and daughters age 21 and over (Family 1st Preference), married sons and daughters (Family 3rd Preference), and brothers and sisters (Family 4th Preference). Unlike the case with immediate relatives, each of these Preference categories is numerically limited on an annual basis and accordingly has a visa waiting period in addition to government processing time.
The class of persons for whom a lawful permanent resident (Green Card holder) may file is far more limited than is the case for filings by U.S. citizens for qualifying relatives. Lawful permanent residents may file petitions only for their spouses and unmarried children under age 21 (Family Preference 2A), and for their unmarried sons and daughters age 21 and over (Family Preference 2B). Each of these Preference categories is numerically limited and has a visa waiting period in addition to government processing time.
Employment-based immigrant visa petitions
All employment-based immigration takes place within a “preference” system. There are numerical limitations for all employment-based categories; no employment-based categories are exempt. Though the impact and length of time varies, each of these Preference categories has the potential of a visa waiting period in addition to government processing time. There are periods during which some preference categories for some countries are “current,” which means that a visa is presently available. For other countries, including those traditionally affected by considerable backlogs, the wait for the country and category to become current for that particular applicant can be painfully long.
The employment-based preference system consists of the following categories:
Employment-based 1st Preference: three subgroups including (1) persons of extraordinary ability; (2) outstanding professors and researchers; and (3) multinational executives and managers.
Employment-based 2nd Preference: two subgroups including (1) members of the professions holding advanced degrees, and (2) persons of exceptional ability.
Employment-based 3rd Preference: three subgroups including (1) professionals; (2) skilled workers: and (3) “other workers.” Professionals are defined as those who hold baccalaureate degrees and who are members of the professions. Skilled workers are those who perform skilled labor requiring at least two years of training or experience.
Employment-based 4th Preference: two subgroups including (1) qualifying ministers, and (2) others who work in certain religious vocations or occupations.
Employment-based 5th Preference: immigrant investors.
Applying for an employment-based immigrant visa
For each of the preference categories mentioned above, there are highly detailed regulations which dictate the requirements to qualify. Nearly all employment-based immigrant visas require a sponsoring employer. With limited exceptions, immigrant visa petitions for Second and Third preference employment-based immigrants also require as a predicate, an approved labor certification from the United States Department of Labor (DOL). At Rabinowitz & Rabinowitz, P.C., the Dallas immigration lawyer brings a wealth of experience to strategic planning, case preparation and all required steps in between.
Naturalization & US Citizenship
At Rabinowitz & Rabinowitz, P.C., your Dallas immigration lawyer recognizes the deep personal meaning of applying for U.S. citizenship and consequently feels privileged to represent you in this process. We have represented clients in all facets of naturalization and citizenship proceedings, including cases which were clearly qualifying, others which had sensitive legal issues affecting eligibility, and those involving exemptions from some of the standard requirements.
An applicant for naturalization must meet the following basic requirements: age 18 or older; lawful permanent resident status for the requisite period of time (generally 5 or 3 years); physical presence in the U.S. for at least half of that time; good moral character; an understanding of the English language, including an ability to read, write, and speak words in ordinary usage in the English language; and a knowledge and understanding of the fundamentals of the history, and of the form of government, of the United States. In some situations, applicants may be exempt from the English language requirement on the basis of age and period of residence in the U.S., while other applicants may be exempted from both the English language and U.S. history requirements on the basis of physical or developmental disability or mental impairment.
We warmly welcome you to contact a Dallas immigration attorney in our office to schedule an evaluation of your eligibility for naturalization and/or documentation of your status as a U.S. citizen.
The Benefits of Hiring a Dallas Immigration Lawyer
Retaining the services of an experienced immigration attorney adds real value to persons interested in lawful status or citizenship in the United States, beyond that provided by the basic information that is available online or the instructions to USCIS forms.
What an experienced Dallas immigration lawyer can achieve for applicants
Representation provided by experienced Dallas immigration lawyers is focused on the compliance with highly complex United States immigration law and regulations that is critical to successful case outcomes. In some cases, regional and/or national policy positions, case law, and other forms of legal authority also affect the decision-making process underlying the preparation and strategic support of an application. Other cases involve the input of and filings with State and Federal agencies beyond just the United States Citizenship and Immigration Service (USCIS), with deadlines that are critical to the success of the case. The various local, regional and international offices of the United States Government which handle matters relating to visas and citizenship frequently have their own unique filing requirements, processing time lines, inquiry procedures, and the like. It is the role of the immigration attorney to simultaneously focus on all relevant sources of law and policy, with the objective of advancing cases through the preparation, filing and adjudication process as quickly as possible and with the greatest likelihood of a favorable end result.
What USCIS immigration forms can and cannot do alone
Even though some of the most commonly used immigration forms (I-129, I-129F, I-130, I-140, and N-400 for example) include lengthy and highly detailed instructions, those instructions notably provide only partial guidance for establishing eligibility for the benefit sought. An experienced Dallas immigration lawyer can assure not only that the correct form is used for the benefit sought, but also – with necessary reference to all sources of applicable legal authority – that the foreign-born individual is actually eligible for that benefit, before moving forward with correctly completing, supporting and filing the form.
Mindful of the fact that selection of the correct form is critical to obtaining the benefit sought, and of the fact that the instructions accompanying each form are only part of the overall picture of how to establish that an applicant is qualified and that how form must be supported, we will turn for the moment to some of the frequently submitted forms.
What is Form I-129?
The Form I-129 Petition for a Nonimmigrant Worker is filed by employers wishing to secure authorization on a temporary basis for foreign nationals to perform services or receive training in the U.S. Nonimmigrant visa statuses covered by the Form I-129 include: H-1B, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1 and R-1. In some circumstances, the Form I-129 may also be used for certain E-1, E-2, E-3, H-1B1 and TN beneficiaries.
What is a Form I-129F?
The Form I-129F Petition for Alien Fiancé(e) is filed by a U.S. citizen on behalf of his or her foreign national fiancé(e) to establish eligibility for classification as a K-1 nonimmigrant as a predicate to the foreign-born individual applying for a K-1 nonimmigrant visa at a U.S. consular post abroad. Qualifying minor children of the K-1 may be issued K-2 nonimmigrant visas. Following entry to the U.S. for the purpose of marrying the U.S. citizen petitioner within the qualifying period, the K-1 (and K-2 children, if any) ultimately apply for lawful permanent resident status.
What is Form I-130?
The Form I-130 Petition for Alien Relative is filed by a U.S. citizen or lawful permanent resident of the U.S. to prove a qualifying relationship to eligible foreign national relatives who aspire to immigrate to the U.S. Despite heartfelt and bona fide family relationships of a more distant nature, not all members of the extended family tree qualify for visa issuance.
What is Form I-140?
The Form I-140 Immigrant Petition for Alien Workers is filed by petitioners to demonstrate an individual’s eligibility for classification as an employment-based immigrant. There are a variety of potential employment-based immigrant classifications, each with its own detailed standards for visa eligibility.
What is Form N-400?
The Form N-400 Application for Naturalization is an application filed by those who – unless they qualify for a narrow exception – meet all eligibility requirements and wish to become a naturalized citizen of the U.S. citizen. The adjudication of the Form N-400 by USCIS is done very carefully and with an eye to reviewing the applicant’s entire U.S. immigration history.
It is important to keep in mind that USCIS periodically changes the format and content of the forms, as well as the instructions to the forms. In addition, USCIS and other federal agency regulations change from time to time and can affect how to properly proceed with and document a case.
Similarly, U.S. government web sites provide general information about the basic requirements for particular types of temporary and permanent visa statuses and applications for citizenship, but that information is still only part of the picture. A highly qualified Dallas immigration attorney is in the best position to ensure that all requirements are met for the benefits desired.
Consular Offices in Texas
Many U.S. consular offices are located in the State of Texas. In addition to the link to the Secretary of State of Texas’ database of consular offices located in the state, links to some of these offices are specifically listed below.
While these are useful links for addressing matters specific to one’s home country, it is important to work with an experienced Dallas immigration lawyer in addressing goals specific to temporary or immigrant status under United States immigration law. At Rabinowitz & Rabinowitz, P.C., we bring to your United States immigration goals, over five decades of cumulative experience and would be pleased to represent you.
Why Choose Rabinowitz & Rabinowitz, P.C.
As an immigration law firm focused on providing representation in business and family-based immigration and citizenship matters, Rabinowitz & Rabinowitz, P.C. fulfills its commitment to:
- Provide highly personalized service by a senior level, Board Certified immigration lawyer.
- Take the time needed to personally know you and/or your company in order to comprehensively understand your needs and objectives. It is our every effort to be your trusted advisor.
- Provide cost effective service at a competitive rate, respectful of personal finances and the corporate bottom line.
- Emphasize client service, which we consider our pleasure and our privilege and a measure of how much we value our clients and appreciate the trust they have placed in us.
- Continue our tradition of bringing decades of highly focused immigration law experience, and a proven track record of quality work and favorable results.
The Dallas immigration lawyers at Rabinowitz & Rabinowitz, P.C. are passionate about U.S. immigration law, work diligently to pursue the smoothest path available for each client matter, and take all possible steps to reduce client stress and ensure client peace of mind.
Personal service at Rabinowitz & Rabinowitz, P.C. is delivered through its lead senior level Dallas immigration lawyer, Stewart Rabinowitz, who will actually handle your case. Stewart Rabinowitz is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization.
Unlike other law firms which involve high volume case processing through paralegals, our client service commitment involves a senior level attorney working one-on-one with every client. We believe that every client is entitled to personal service and the confidence that their case is being handled comprehensively by one person who is on top of the facts and unique client concerns.
Our personal service business commitment at Rabinowitz & Rabinowitz, P.C. means that we focus on maximally getting to know each of our clients, and more fully understanding client needs and short- and long-term immigration objectives. Our objective is a collaborative relationship with fully informed clients, which in turn helps ensure the best possible case results in the shortest possible period of time. In those cases where there may be particularly sensitive issues, we believe that working respectfully and collaboratively are central to the best chances of a positive outcome.
Contact Rabinowitz & Rabinowitz, P.C. Today
Your important immigration concerns are our highest priority at Rabinowitz & Rabinowitz, P.C., where Stewart and Barbara Rabinowitz work as partners to help clients achieve their U.S. immigration objectives. We deliver the experience, knowledge base, integrity, and dedication that clients deserve. We have a proven track record of working work hard and smart to provide our clients with the immigration solutions to best meet their needs.
Stewart Rabinowitz, our lead, senior level lawyer, licensed since 1979, has practiced immigration and nationality law since 1985. He is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization since 1995. Barbara Rabinowitz has practiced immigration and nationality law since 1988. Together, we commit our wealth of experience to your case.
Please contact us to let us know how we may be of service to you. Call 972.233.6200 or 888.838.9598 to speak with an experienced Dallas immigration lawyer at our firm.
We look forward to being of service.