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Philip Levin & Associates

Immigration Law

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    • Ana Gandara, Associate
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    • Sharon Evans, Of Counsel
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Navigating the U.S. immigration system to properly employ and retain foreign talent

November 10, 2021 Philip Levin & Associates

If you are a U.S. employer seeking to hire foreign nationals to work in the United States, there are many issues to consider. Let’s get started! General Employment Concepts: While… CONTINUE

Filed Under: Blog Tagged With: criminal, immigration law, removal order, violating, violation

Violating Immigration Law

October 21, 2021 Philip Levin & Associates

If you have been accused of violating immigration law and need help dealing with criminal immigration offenses, a removal order, or another issue, it is important to learn how to… CONTINUE

Filed Under: Blog Tagged With: criminal, immigration law, removal order, violating, violation

BIA HOLDS THAT A PERSON BORN ABROAD TO UNMARRIED PARENTS CAN QUALIFY AS A “CHILD” UNDER INA § 320(a) (AUTOMATIC ACQUISITION OF DERIVATIVE U.S. CITIZENSHIP) IF HE OR SHE IS OTHERWISE ELIGIBLE AND WAS BORN IN A COUNTRY OR STATE THAT HAD ELIMINATED LEGAL DISCTINCTIONS BETWEEN CHILDREN BASED ON THEIR PARENTS’ MARITAL STATUS OR HAD A RESIDENCE OR DOMICILE IN SUCH A COUNTRY OR STATE.

March 3, 2015 Philip Levin

BIA HOLDS THAT A PERSON BORN ABROAD TO UNMARRIED PARENTS CAN QUALIFY AS A “CHILD” UNDER INA § 320(a) (AUTOMATIC ACQUISITION OF DERIVATIVE U.S. CITIZENSHIP) IF HE OR SHE IS OTHERWISE ELIGIBLE… CONTINUE

Filed Under: Blog Tagged With: citizenship, immigration appeals, immigration attorney, immigration law, immigration lawyer

BIA PARTIALLY VACATES Matter of Chairez-Castrejon, HOLDING THAT—AS TO THE DIVISIBILITY OF AGGRAVATED FELONY STATUTES—IMMIGRATION JUDGES SHOULD FOLLOW THE LAW OF THE CIRCUIT IN WHOSE JURISDICTION THEY SIT, APPLYING Chairez-Castrejon ONLY IF THERE IS NO CONTRARY CONTROLLING CIRCUIT AUTHORITY.

March 2, 2015 Philip Levin

BIA PARTIALLY VACATES Matter of Chairez-Castrejon, HOLDING THAT—AS TO THE DIVISIBILITY OF AGGRAVATED FELONY STATUTES—IMMIGRATION JUDGES SHOULD FOLLOW THE LAW OF THE CIRCUIT IN WHOSE JURISDICTION THEY SIT, APPLYING Chairez-Castrejon ONLY IF… CONTINUE

Filed Under: Blog Tagged With: felony charge, immigration appeals, immigration attorney, immigration law, immigration legal services

BIA HOLDS THAT DEPARTURES FROM THE U.S. FOLLOWING CONVICTIONS FOR ILLEGAL ENTRY UNDER INA § 275(a)(1) INTERRUPT ONE’S CONTINUOUS PHYSICAL PRESENCE BECAUSE THEY WERE PURSUANT TO A FORMAL, DOCUMENTED PROCESS WHICH ESTABLISHED THE RESPONDENT’S INADMISSABILITY.

December 29, 2014 Philip Levin

On December 10, 2014, the Board of Immigration Appeals (BIA) upheld an Immigration Judge’s (IJ) determination that departures from the U.S. following INA § 275(a)(1) convictions were pursuant to a sufficiently formal,… CONTINUE

Filed Under: Blog Tagged With: immigration appeals, immigration attorney, immigration law, immigration lawyer, immigration legal services

APPLICATION PER 8 CFR § 1292.2(d) FOR PARTIAL ACCREDITATION

December 17, 2014 Philip Levin

BIA HOLDS THAT, IN ADJUDICATING AN APPLICATION PER 8 CFR § 1292.2(d) FOR PARTIAL ACCREDITATION OF AN ACCREDITTED REPRESENTATIVE AT ADDITIONAL OFFICES, A RECOGNIZED ORGANIZATION NEED NOT SUBMIT AN APPLICATION FOR EACH… CONTINUE

Filed Under: Blog Tagged With: immigration appeals, immigration attorney, immigration law, immigration lawyer, immigration legal services

Matter of American Paralegal Academy, Inc., 19 I. & N. Dec. 386 (BIA 1986)

December 16, 2014 Philip Levin

CLARIFYING Matter of American Paralegal Academy, Inc., 19 I. & N. Dec. 386 (BIA 1986), THE BIA HELD THAT IN ADJUDICATING AN APPLICATION FOR RECOGNITION AS A NON-PROFIT OR CHARITABLE ORGANIZATION PROVIDING… CONTINUE

Filed Under: Blog Tagged With: american paralegal academy, immigration appeals, immigration law, immigration lawyer, immigration legal services

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Recent Blog Posts

  • BIA: RAISES THE MANDATORY BAR FOR FILING
  • Understanding the TN, E-3, and H-1B1 (Treaty Based) Visas
  • BIA: APPLICANT FOR ADJUSTMENT
  • BIA ISSUES AMICUS INVITATION NO. 22-16-03
  • BIA: Respondent Receives Sufficient Written Notice

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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San Francisco, CA 94133
       

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

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Suite 320
Santa Clara, CA 95054

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

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4040 Civic Center Drive
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San Rafael, CA 94903

North Bay Office
4040 Civic Center Drive
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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Suites 2600 & 2700
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. PL&A 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

PL&A 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. PL&A 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 PL&A 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. PL&A 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.