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    • Philip M. Levin, Founder
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Levin and Pangilinan PC

Immigration Law

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  • Home
  • Practice Areas
    • Hearings & Appeals
    • Deportation, Removal & Asylum
    • Family Immigration
    • Marriage
    • Employment Visa
    • H-1B Work Visas
    • E-1 & E-2 Visas
    • Labor Certifications
    • I-9/Worksite Enforcement
  • Attorneys
    • Philip M. Levin, Founder
    • Don L. Pangilinan, Principal
    • Alec P. Wilczynski, Of Counsel
    • Ana Gandara, Associate
    • Cara Cox, Associate
    • Rachel Goodman, Associate
  • Blog
  • Testimonials
  • Contact Us

Attorney Profiles

Bay Area Immigration Lawyers

Business and Family Immigration Law: For the advice of an experienced and knowledgeable immigration attorney, read the attorney profiles of Levin and Pangilinan PC. We advise and represent business and family clients on issues ranging from E-1 treaty trader visas and H-1B Visa applicants to marriage cases, to asylum applications and defense of deportation actions.

Philip Levin is a Northern California SuperLawyer who was certified in 1990 as a specialist in immigration law by the State Bar of California. For more information about his professional background and that of our other lawyers, review their attorney profiles by selecting the links below.

PHILIP M. LEVIN
FOUNDER

DON L. PANGILINAN
PRINCIPAL

Ana Gandara
ASSOCIATE

ALEC P. WILCZYNSKI
OF COUNSEL

Rachel Goodman
ASSOCIATE

Cara Cox
ASSOCIATE

Attorney Testimonials

It was a pleasure to work with Levin and Pangilinan PC for the last few years on my own process to obtain permanent resident status as well as in a number of L1 visa applications for our employees. Mr. Levin and his colleagues are extremely dedicated and professional. I was most impressed with how meticulously they approached each and every document and how precisely they covered all requirements. Once they take a case they are the driving force behind it and they do everything to get it done as quickly as possible.

- DS

Levin and Pangilinan PC, through their intimate understanding of the process and system, made our entire experience smooth and without stress. Apart from being exceptionally detail oriented, comprehensive, and knowledgeable, the team was most attentive and a pleasure to work with throughout the process. We wholeheartedly recommend them without exception.

Thanks again for all your help.

- KG

Levin and Pangilinan PC are the most professional, helpful and caring law firm we could have ever hoped for! Their guidance through our anxious time made the entire process more comforting. They were reliable, dependable and, most importantly, honest with us from the very beginning. Philip M. Levin is a true professional. He always treated us as if we were his most important clients as well as best of friends. He answered our questions accurately and completed our paperwork promptly.

- TH and RH

READ MORE TESTIMONIALS

Immigration Law FAQ from Bay Area Lawyers
(Frequently Asked Questions)

What does an immigration lawyer do?

Immigration lawyers provide guidance and advice for immigration matters like citizenship and naturalization, green cards, visa applications and employment for non-citizens (sometimes called “work visas”). Immigration lawyers also tackle deportation issues and are well-versed in national immigration statutes, regulations and legal precedents.

Do I need an immigration lawyer to represent me?

You may need an immigration lawyer if you are dealing with a matter involving the interaction between immigration and criminal laws or are an employer needing to navigate the complex immigration system to hire a foreign national. Immigration lawyers handle issues like citizenship and naturalization, green cards, visa applications, employment for non-citizens and deportation issues. An immigration lawyer can be beneficial because they are well-versed in current national immigration statutes, regulations and legal precedents.

Can an immigration lawyer help you get your green card?

Yes. Immigration lawyers know the current laws, statutes and regulations, and can help you through the process of getting your green card. A green card, also known as a permanent resident card, is a U.S. identity document that shows a person has permanent residency in the county. Anyone who has a green card is referred to as a lawful permanent resident. Sometimes the road to lawful residence requires navigating a complex maze of statutes, regulations and policies, which may need guidance from a skilled immigration lawyer.

How long does the naturalization process take?

On average, the wait time for the naturalization (citizenship) application process is about 8-12 months (depending on where you live), but the overall process involves more steps and can take anywhere from 1 to 3 years. You must first process your Application for Naturalization and attend a biometrics meeting. From there, you will wait for the citizenship interview and take a citizenship exam. Then, you will need to wait for a final decision on your application. The final step is to take the Oath of Allegiance and receive your Certificate of Naturalization.Sometimes you may be able to avoid this process but it takes a skilled immigration lawyer to make this determination.

If I get married does my spouse automatically become a US citizen?

If you marry a U.S. citizen, you do not automatically become a citizen yourself. As the spouse of a U.S. citizen, you are referred to as an “immediate relative” under current immigration law. But marriage is just the beginning of the immigration journey. Your spouse must start the green card process by submitting a visa petition to the United States Citizenship and Immigration Services (USCIS). The form requires evidence of the legal marriage (a marriage certificate) as well as proof that the marriage is legitimate and not simply a ploy to get a green card. After this first petition is approved, the foreign national spouse will then need to follow the process to apply for and receive the green card.

Is my child automatically a US citizen if they are born in the United States?

Children born in the United State or one of its territories will receive American citizenship automatically, even if the parents are citizens of another country. It is known as “birthright citizenship” and currently protected by the 14th Amendment to the U.S. Constitution, which states: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”. Sometimes children born outside of the U.S. may also become U.S. citizens but certain procedures must be followed timely.

How can I stop the deportation process?

There are several reasons why a person may face deportation or removal, including violating laws, criminal charges or staying past your visa expiration date, just to name a few. In any case, it’s important to seek the counsel of an experienced immigration attorney who can help you find the best way to remain in the United States. An immigration lawyer can be beneficial because they are well-versed in current national immigration statutes, regulations and legal precedents to present your case before the Immigration Court or Immigration Judge.

How do I get a United States work visa?

A United States work visa allows foreigners to go and work temporarily in the U.S. for a specified period. It does not allow individuals to work in the U.S indefinitely or permanently. Applicants must fulfill a list of requirements and submit documents to be eligible to apply for a temporary work visa. Most candidates must be sponsored by an employer and the company must navigate the complex immigration rules to determine the best classification.

How long is a work visa good for in the USA?

A work visa is valid for varying time frames. Most are valid for at least 3 years. But some are valid only in 1, 2, or 3 year increments. Because work visas are governed by statutes, treaties, and regulations, it is helpful to have an immigration lawyer guide you and/or your employer through the process.

What is the difference between a work visa and an Employment Authorization Document (EAD).

Most times, when someone refers to a “work visa’, the employer or candidate is usually referring to a specific letter based classification (e.g., H-1B, L-1A, E-2, etc.). Most times, these work visas requires the employee to have a sponsor/employee relationship. An Employment Authorization Document (EAD) is a work authorization card that is issued because the candidate meets certain requirements. For example, a F-1 student who graduates from a university in the U.S. is often permitted Optional Practical Training (OPT) status, which is presented on an EAD card. Differently, a person who has married a U.S. citizen and has applied for adjustment of status is usually allowed to receive an EAD. The cards look the same but the issuing regulation is different. Typically, the U.S. Citizenship and Immigration Services (USCIS) issues the work visa and EAD. Most EADs are valid for one year. EAD identity cards are usually plastic laminated and include the visa holder’s name, photo and document expiration date.

What is the difference between immigrant and nonimmigrant visas?

Immigrant visas are intended for foreign nationals who want to live in the United State permanently. Nonimmigrant visas are typically issued to foreign nationals who intend to enter the United States on a temporary basis for work, business, study, tourism, medical treatment or other similar reasons.

How do you qualify for an E-1 or E-2 visa?

To qualify for an E-1 visa, you must be a national of a country with which the U.S. maintains a treaty of commerce and navigation; carry on substantial trade; and continue principal trade between the U.S. and the treaty country.

The E-2 visa allows an investor to live and do business in the US in exchange for a “significant investment” made to the country’s economy. Each of these countries has signed different agreements (or bilateral treaties) with the US. Not all countries have an E-1 or E-2 treaty with the U.S. The amount of time you can stay on an E-2 visa varies by the reciprocity schedule. Whether or not you can renew your visa and how many times you can do so will also depend.

Having a skilled attorney who can guide you through which visa is available to the business owner and to ensure that needed employees may also receive work visas in the U.S is extremely valuable.

How do you get an emergency temporary visa in the USA?

If you must travel to the U.S. for an emergency, you may qualify for an expedited appointment. You must first pay the visa application fee and complete the Visa Electronic Application (DS-160) form. Then, you can request an emergency appointment by completing the online Emergency Request Form. Each Post has different guidance on how to submit the application and sometimes what constitutes and emergency. Policies in effect at the time of the emergency may also affect a person’s ability to receive an emergency appointment. If the Embassy approves your request, then you will receive an email with a code which allows you to schedule your emergency appointment online. During the COVID-19 pandemic, some of the emergency appointments must still qualify for a National Interest Exception.

How do I get my H-1B visa?

The H-1B visa is a temporary or non-immigrant "specialty occupation" US visa, which means the holder is employed in a position that requires specialized skills or knowledge. Jobs that suit the H-1B visa typically need a university degree or equivalent (which can mean 3 years' of progressive work experience for each year that would normally be spent at university). The position should be one that would normally require that level of experience. The H-1B visa is valid for three years, with one possible additional three-year extension, making six years' maximum stay in total. The H-1B program is highly regulated and numerically limited. Having a skilled immigration attorney represent the employer to navigate the complex Labor Condition Application and H-1B petition process before the U.S. Departments of Labor and U.S. Citizenship and Immigration Services is very helpful and of value to many companies.

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Practice Areas

  • Family Immigration
  • Marriage
  • Employment Visa
  • H-1B Work Visas
  • PERM Labor Certification
  • E-1 & E-2 Visas
  • Hearing & Appeals
  • Deportation, Removal, Asylum
  • I-9/Worksite Enforcement
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Suite 502
San Francisco, CA 94133
       

San Francisco Main Office
930 Montgomery Street
Suite 502
San Francisco, CA 94133

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5201 Great America Parkway
Suite 320
Santa Clara, CA 95054

Silicon Valley Office
5201 Great America Parkway
Suite 320
Santa Clara, CA 95054

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Suite 200
San Rafael, CA 94903

North Bay Office
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Suite 200
San Rafael, CA 94903

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3463 State Street
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Santa Barbara, CA 93105
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Los Angeles, CA 90071
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R-1
TN

The TN nonimmigrant classification allows qualified Canadian and Mexican citizens to enter the U.S. and engage in professional business activities. LPPC will help you navigate through the TN application process by evaluating your eligibility, preparing supporting documentation for your application, and ultimately filing your application. 

B-1

LPPC will guide you through the consular process to receive a B-1 visa for specific short-term business purposes ranging from contract negotiations to seminars and conferences.

O-1

O-1 visas are for persons of extraordinary ability in the sciences, arts, education, business or sports. 

J-1

Administered by the Department of State, the J-1 visa is for students, trainees, academics, researchers, professionals or experts participating in an approved Exchange Visitor program. LPPC will assist you and your sponsor with preparing the necessary paperwork and the consular process so you can begin your program at ease. 

E-1 & E-2

E-1 visas and E-2 visas are for nationals of countries with which the United States has a treaty of friendship, commerce and navigation (FCN) or bilateral investment treaty (BIT). If you are a nonimmigrant trader or investor seeking to conduct business operations or develop a new enterprise in the U.S., we will help you file for the appropriate visa. As a recognized expert in this area, Mr. Levin will provide experienced and dependable assistance with E-1 or E-2 visa applications. 

  • E-1: If you are a national of a country that conducts a significant volume of trade with the U.S. (or if you intend to develop trade between the U.S. and your home country) you might be eligible for entry under an E-1 visa. 
  • E-2: The E-2 visa allows investors from treaty countries to enter the U.S. for purposes of directing and developing a business, with all the commitments and risks implicit in entrepreneurial activity. 
L-1

The L-1 visa category is for executives, managers or professionals employed by foreign affiliates of U.S companies. The L-1 visa is divided into two classifications:

  • L-1A Intracompany Transferee Executive or Manager
  • L-1B Intracompany Transferee Specialized Knowledge
H-1B

Many companies in the United States find themselves increasingly dependent on the talent, experience and energy of foreign national workers in professional, technical or specialized occupational fields. These employees typically enter the U.S. on nonimmigrant H-1B visas for “specialty occupations.” 

With extensive experience in business immigration, you can count on LPPC to guide your company or Human Resources department in preparing and filing an H-1B visa petition.

Green Card

Family preservation and reunification is a priority for our firm. Our attorneys have advised and assisted families from all over the world with entry visas, adjustment of status, and other immigration problems. 

  • Immediate Relatives: If you are the spouse, child, or parent of a U.S. citizen, we can help you obtain a green card through an Immediate Relative petition. 
  • Family-Based Preference: If your relative is a U.S. citizen or lawful permanent resident, we can assist you with your green card application through one of the family based preference categories.
Fiances

If you are a U.S. citizen and your fiancé/fiancée or spouse is overseas, our office will assist you to navigate the CIS requirements and regulations to have the case approved and then prepare you and your spouse for the interview at the U.S. Embassy. LPPC will also help you find the best ways to resolve any problems you encounter if a waiver is required in your case.

Marriage

Immigration through marriage is a common means of obtaining permanent residence in the U.S.  Since 1991, Philip Levin & Associates has helped hundreds of couples immigrate to the U.S. and build their lives together. 

  • I-130 Petition and Adjustment of Status: If you are married to a U.S. citizen, present in the U.S. and eligible to do so, our attorneys will assist you in preparing and filing the necessary I-130 petition and I-485 adjustment of status application in the U.S.
  • Immigrant Visa Consular Processing: If you are married to a U.S. citizen and reside abroad, we will assist you in preparing and filing the IV petition with an Embassy or Consulate-General in your native country. 
  • I-751, Remove Conditions on Residence: If you have been married less than two years at the time your green card was initially approved, our office will help you in the joint petition process to become a permanent resident.