Our immigration attorneys understand the ever-changing laws and policies established by the U.S. federal government to process your applications for citizenship and naturalization, protection and parole, adjustment of status, admissibility, refugees and asylum, waivers, travel, and employment. Our immigration law practice is comprised of experienced and dedicated attorneys who combine their knowledge of immigration law with years of experience in employment law, family law, and criminal defense.
Immigration Law in Salt Lake City, UT
Richards Brandt recognizes the value that immigrants bring to American businesses, economies, and communities. Our firm helps organizations and individuals navigate our nation’s increasingly complex immigration laws and unite employers and employees as well as families.
With so many different kinds of immigration visas and the added complexities of immigration law, we are here to help with this complex and time-consuming process. Our experienced team of immigration attorneys can represent you in all of your immigration needs. Together we can work toward your professional immigration goals and family immigration commitments.
Family and Individuals
Our firm is ready to assist your family with whatever immigration needs arise, whether it is an adjustment of status, fiancé visa or a family-based visa petition.
There are numerous forms and hundreds of guidelines and exceptions. For more information about processing your application, call us to discuss your situation and determine the next steps.
If you are a U.S. citizen you have two ways to bring your foreign husband or wife to the United States to live. The first is under an immigrant visa for a spouse of a U.S. citizen, the immigrant petition for alien relative is required.
The second way is under the nonimmigrant visa for spouse. The K-3 nonimmigrant visa is available for the foreign-citizen spouse of a United States citizen. This visa category is intended to shorten the physical separation between you and your spouse and has specific eligibility requirements.
Same-sex spouses of U.S. citizens and Lawful Permanent Residents (LPRs), along with their minor children, are now eligible for the same immigration benefits as opposite-sex spouses.
Fiancé visas are available. If you are a U.S. citizen, you may bring your fiancé to the United States to marry and live here, with a K-1 nonimmigrant visa for a fiancé.
Tourism or B-1 Visa tourism may be available for vacations (holiday), visiting friends or relatives, medical treatment, participating in social events hosted by fraternal, social, or service organizations, participating as an amateur in musical, sports, or similar events or contests (unpaid participation), enrollment in a short recreational course of study (not for credit toward a degree — a two-day cooking class while on vacation, for example).
Immediate Relative Immigrant Visas
These visa types are based on a close family relationship with a United States (U.S.) citizen described as an immediate relative. The number of immigrants granted Immediate Relative Immigrant Visas is unlimited.
Immediate relative visa types include:
- Spouse of a U.S. Citizen
- Unmarried Child Under 21 Years of Age of a U.S. Citizen
- Orphan adopted abroad by a U.S. Citizen
- Orphan to be adopted in the U.S. by a U.S. citizen
- Parent of a U.S. Citizen who is at least 21 years old
Family Preference Immigrant Visas
There are a limited number of these visas issued each year to distant family members. Family Preference Immigrant Visas are available to relatives of U.S. citizens and some specified relationships with a lawful permanent resident (LPR.)
The family preference categories are:
- Family First Preference: Unmarried sons and daughters of U.S. citizens, and their minor children, if any.
- Family Second Preference: Spouses, minor children, and unmarried sons and daughters (age 21 and over) of LPRs. At least 77% of all visas available for this category will go to the spouses and children; the remainder are allocated to unmarried sons and daughters.
- Family Third Preference: Married sons and daughters of U.S. citizens, and their spouses and minor children.
- Family Fourth Preference: Brothers and sisters of U.S. citizens, and their spouses and minor children, provided the U.S. citizens are at least 21 years of age.
Other Travel Visas
These are some examples of activities that require different categories of visas and cannot be done while on a visitor visa:
- paid performances, or any professional performance before a paying audience
- arrival as a crewmember on a ship or aircraft
- work as foreign press, radio, film, journalists, and other information media
- permanent residence in the United States
Employees are the single largest investment an employer makes. Employers rely on their workforce for the success of the company. There are many different visa options to consider. We take you and your employee(s) through this lengthy process step by step. We manage the risks and eliminate surprises. Whether your employees are here in the U.S. or overseas, we can streamline the process by staying on top of every variable.
Every fiscal year (October 1st – September 30th), approximately 140,000 employment-based immigrant visas are made available to qualified applicants under the provisions of U.S. immigration law. Our attorneys work across the U.S. with each of the three centralized immigration offices.
Employment-based immigrant visas are divided into five preference categories. Each category has several subcategories, each with mandated limitations, restrictions, and requirements.
Employment First Preference
- Priority Workers
- Persons with extraordinary ability
- Outstanding professors and researchers
- Multinational managers or executives
Employment Second Preference
- Professionals Holding Advanced Degrees
- Persons of Exceptional Ability
Employment Third Preference
- Skilled Workers
- Unskilled Workers (Other Workers)
Employment Fourth Preference
- Certain Special Immigrants
Employment Fifth Preference
- Immigrant Investors
Contact us for a detailed evaluation on which option is best for your needs.
- NAFTA – TN visas (Canadians and Mexicans may be eligible to work in the United States as NAFTA professionals, requirements vary by country)
- B-1 (consult with business associates; attend a scientific, educational, professional, or business convention or conference; settle an estate; negotiate a contract)
- H-2B Temporary Non-Agricultural Worker (For temporary or seasonal non-agricultural work. Limited to citizens or nationals of designated countries, with limited exceptions, if determined to be in the United States interest.)
- H-2A Temporary Agricultural Worker (for temporary or seasonal agricultural work. Limited to citizens or nationals of designated countries, with limited exceptions, if determined to be in the United States interest).
- H-1B Person in Specialty Occupation (Requires a higher education degree or its equivalent).
- H-3 Trainee or Special Education Visitor (To receive training (other than graduate medical or academic) that is not available in the trainee’s home country, or practical training programs in the education of children with mental, physical, or emotional disabilities).
- L Intracompany Transferee (To work at a branch, parent, affiliate, or subsidiary of the current employer in a managerial or executive capacity, or in a position requiring specialized knowledge. Individual must have been employed by the same employer abroad continuously for 1 year within the three preceding years).
- Individual with Extraordinary Ability or Achievement (Individuals with extraordinary abilities in the sciences, arts, business, education or athletics. A person with an O Visa may be eligible for legal permanent residency (green card) based on Extraordinary Ability.)
- P-1, P-2, P-3 Visas (Individual or Team Athlete, Artist, Entertainer or member of an Entertainment Group)
- Permanent Resident or Green Card (Individuals may apply for permanent residency through family, employment, or refugee or asylee status. Other applications may be an option under diversity, fiancé, or juvenile status.)
Naturalization & Citizenship
Naturalization is the process in which the U.S. grants citizenship to a foreign citizen or national after he or she fulfills the requirements established by Congress under the Immigration and Nationality Act (INA). This is the final step before becoming a citizen. Let us help you in this crucial step to finalizing your U.S. citizenship.
DEPORTATION AND REMOVAL
You may be eligible for a benefit that allows you to remain in the U.S. This is a time-sensitive issue, contacting an immigration attorney quickly is critical. Our law firm is ready to represent you in any removal or deportation proceeding. Contact us if you or a loved one is currently a removal proceeding.
I-9 COMPLIANCE AND AUDIT
Employers must comply with state and federal laws and regulations to hire and retain talented and much-needed employees. Whether you are hiring U.S. citizens, foreign nationals, or permanent residents, we have extensive experience in assisting clients with compliance and audit matters. Our services include representing our clients during government investigations and audits. We also promote and assist our clients in proactive measures such as:
- Internal and third-party I-9 audits
- Reviewing and correcting mistakes on existing I-9 Forms
- Risk assessment and compliance policies
- Compliance manuals and training
IMMIGRATION & CRIMINAL DEFENSE View
What are the consequences of criminal convictions to a person’s immigration status? Our Immigration Practice Group has decades of experience evaluating the impact of actions and convictions to your legal status in the US. Working together with your criminal defense attorney we can provide our clients the most comprehensive representation.
Ever-changing immigration laws make navigating the criminal justice system difficult and can have life-changing immigration consequences. If you have been arrested or charged with a criminal offense and are not a U.S. citizen, you need representation by attorneys who understand both the criminal and immigration laws that affect your case.
The attorneys at Richards Brandt can give effective representation at every stage of your case to mitigate the immigration consequences of your arrest, charge or conviction.
FAMILY LAW View
Divorce and custody cases are complex. The complications are even more difficult when a foreign national’s immigrant status is part of the mix. We work directly with our Immigration Practice Group on any issues that may be impacted in the course of a divorce or custody case involving a foreign national.
BUSINESS, EMPLOYMENT, & IMMIGRATION
Employers have numerous business, employment, and labor laws to navigate and comply with. In a world of increasing global connections, the need to work with individuals and companies here and abroad has never been greater. Our Business & Corporate Governance group along with our Labor & Employment group provide risk management and legal support to employers.
REQUEST A CONSULTATION
We serve clients throughout the state of Utah. We encourage businesses and individuals in the Salt Lake City area and beyond who are in search of legal counsel and representation to call or e-mail Richards Brandt and schedule a consultation with one of our lawyers. See our practice areas page for a detailed list of our law practice.