Welcome
The Law Offices of Nina Trester offers U.S. immigration legal services to individuals, businesses and families located in the United States and worldwide. Our practice is limited to U.S. immigration law.
The firm's founder, a licensed immigration attorney, assists businesses, families and individuals achieve their U.S. immigration goals. Attorney Trester is available to provide prompt answers to your U.S. immigration questions as they arise or on an on-going basis via the firm's e-mail submission service. Attorney Trester is also available for online and telephonic consultations. In a matter of moments, anytime of the day or night, you can schedule your own online consultation with the firm's U.S. immigration attorney. To schedule your own appointment 24 hours a day, 7 days a week simply visit our Consultation Page. Schedule a consultation with a U.S. immigration attorney from anywhere in the United States and world. No office visit required, attend your consultation from the anywhere in the world. No special equipment is needed. At the time of your scheduled appointment, simply come back to our Website and click on the Start Live Chat button and you will be conneced live with the firm's immigration attorney. For more details and pricing information, please visit our Consultation Page.
Unbundled and Bundled Immigration Services
For those who require additional immigration services including completing and submitting immigration forms, the firm offers a variety of unbundled and bundled immigration legal services and flexible payment options. Our goal is to provide flexible solutions, services and plans that meet the demands of individuals and businesses with U.S. immigration concerns and needs.
The Law Offices of Nina Trester assists individuals apply for a variety of immigration relief, including but not limited to U.S. visas, green cards, citizenship, re-entry permits, travel documents, advance parole, extensions of stay, changes of status, removal of conditions, adjustment of status and renewal of green cards. Attorney Trester also assists families file petitions on behalf family members who are interested in securing green cards. The Law Offices of Nina Trester also provides unbundled and bundled immigration services to U.S. Citizens and permanent residents who are interested in bringing their fiance(e) to the United States on fiance(e) visa.
Our firm also assists employers meet their hiring needs. The firm is available to assist employers complete and file petitions, secure labor certifications and file labor condition applications with the Department of Labor. The firm also assists individuals who are interested in pursuing U.S. investment options.
Your Immigration Legal Options
Discovering your legal options. Anyone interested in coming to the United States has two options to choose from: apply for a non-immigrant visa and come to the United States temporarily or come to the United States on an immigrant visa (come to live in the United States permanently). Immigration options are also available to individuals who are already here in the United States. The best option(s) for you and family, if applicable, depend on a variety of factors, including what visa(s) you will be eligible to apply for and what your short and long-term goals are, what immigration relief you have applied for and received in the past and a variety of other factors. In addition, some immigration options are only available to those who have a sponsor (employer or family member) and other immigration options will not require a sponsor. Employment-based visas will normally require a sponsor employer and family-based immigrant visa options require that a family member file a petition and secure an approval from the USCIS.
Permanent Resident Options
Individuals who want to become a permanent resident of the United States have a variety of options. Permanent residents are able to travel back to their country and in most cases will not need to apply for travel documents or a visa to return to the United States. The majority of those interested in becoming permanent residents will either need a family member or employer to sponsor them and file a petition with the USCIS. A very limited number of individuals with an advanced degree will be able to file a petition with the USCIS on their own and without the need of a sponsor.
Petitioning to Bring Your Fiance(e) to the United States
U.S. Citizens and Permanent Residents can petition to bring their fiance(e), their future spouse, and his or her children (restrictions apply) to the United States. Fiance(e)s and children meeting the eligibility requirements can come to the United States on a non-immigrant visa in the K category. Once here, the couple must marry and take the steps to adjust their status. For more information about Fiance(e) Visas, please visit K-1 Visas. The K Fiance Visa is not to be used by individuals who are already married with one exception. If your foreign marriage is a type of marriage that is not recognized by the U.S. government as a formal marriage, your significant other will be treated as a fiance(e). Under those circumstances a K Fiance(e) Visa will be a suitable option, but you will have to marry in the United States shortly after your fiance(e) arrives in the United States. If you are contemplating marrying your significant other outside the United States, there are disadvantages. For more information on K Visas, please click here.
Temporary Travel Options
Individuals who would like to come to the United States temporarily for a variety of reasons including business, tourism, school and so much more have many options to choose from. The length of your stay in the United States will be based on the type of visa that ha been issued to you and the date stamped on your I-94. In some cases, there will be no specific date that you must leave the United States by (retrictions apply). For more information about extending your stay, I-94s, expiration dates and duration of stays (D/S) read below. Temporary non-immigrant visas can allow for multiple visits to the United States or may be for a single visit.
Non-immigrant and Immigrant Visas
Charts 1 and 2 below represent a majority of the non-immigrant visas you may apply for. Individuals who would like to work in the United States will need to have an employer file a petition with the USCIS. Others will be participating in an exchange program. Millions of non-immigrant visas are secured each year. Non-immigrant visas offer so many options. For a list of some of the non-immigrant classifications, please see Charts 1 & 2 below.
U.S. IMMIGRATION OPTIONS
The following is a summary of some of the ways individuals can come to the United States:
(1) apply for a visa (non-immigrant temporary visa);
(2) file a petition on their own, secure an approval from the USCIS and then apply for a visa (without a sponsor)(only certain individuals in certain categories may petition on their own);
(3) apply for a visa after a relative or fiance(e) files the appropriate petition and secures an approval from the USCIS. Non-immigrant K-1 Fiance(e) Visa and Immigrant Visas for immediate family members;
(4) apply for a visa after a U.S. employer files a petition and secures an approval (Temporary work or permanent residence options are available);
(5) participate in a designated sponsoring exchange program (Chart 1 & 2 below);
(6) apply for a diversity visa - win the green card lottery.
The above-referenced list is not a complete list of all the various immigration options available to individuals who wish to come or remain in the United States
Once an individual secures a visa to come to the United States or any other immigration relief, he or she must take the steps to preserve his or her status. All non-immigrants, immigrants and permanent residents must comply with U.S. immigration laws and rules. Permanent residents and those who have applied to adjust their status to become permanent residents (obtain a green card) may need travel documents, re-entry permits or to apply for advance parole before leaving the United States. In addition, some permanent residents who have left the United States without requesting such immigration relief may need to take steps before returning to the United States. If you are uncertain whether or not you will require travel documents before leaving or returning to the United States, please submit your questions via our e-mail submission service or schedule an online consultation with the firm's immigration attorey. We're here to answer your questions and help you secure all types of immigration relief.
Protecting Your Immigration Benefits
Immigration Options
Non-immigrant Visas - Employment Options - Chart 1 (See Chart 2 for other Non-Immigrant Options)
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Nonimmigrant Visas - Work in the United States |
| E-1 - Treaty Trader - E-2 Investor-Spouse-Children |
| H 1-B - Specialty Occupations (including Physicians) |
| H 1-C - Nurses |
| H 2-A - Temporary Agricultural Workers |
| H 2-B - Temporary Workers Performing Services or Labor (Temporary or Seasonal Workers) |
| H-3 - Trainees (Not for Work in the United States) |
| L Visa - Intracompany transferees who, within the three preceding years, have been employed abroad continuously for one year, and who will be employed by a branch, parent, affiliate, or subsidiary of that same employer in the U.S. in a managerial, executive, or specialized knowledge capacity |
| O-1 - People with extraordinary ability in the sciences, arts, education, business, or athletics, or extraordinary achievements in the motion picture and television field |
| O-2 - Alien of Extra Ordinary |
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P-1 - Individual or team athletes, or members of an entertainment group that are internationally recognized (25,000) |
| P-2 - Artists or entertainers who will perform under a reciprocal exchange program |
| P-3 - Artists or entertainers who perform under a program that is culturally unique (same as P-1) |
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Q-1 - Participants in an international cultural exchange program for the purpose of providing practical training, employment, and the sharing of the history, culture, and traditions of the alien's home country. |
| R-1 - Religious Worker (R-2 Spouse or Child) |
| TN NAFTA - Professional Canadian - Mexican Citizen (TD Spouse or child) |
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Non-immigrant Visas Versus Immigrant Visas
The purpose of your trip to the United States and your goals must be carefully considered before applying for a visa. In some instances, a non-immigrant visa will be the best option and for others an immigrant visa will be the best choice. Individuals who are interested in applying for a non-imimigrant visa must understand that they will have the added burden of overcoming the presumption that they intend to remain in the United States permanently upon their arrival in the United States. Some individuals may have difficulty overcoming that burden, but not all. Simply intending not to remain here in the United State may not be enough. If an immigrant visa turns out to be your best or perhaps your only option, a prospective employer or family member will need to file a petition and secure an approval from the USCIS. Only a limited number of aliens will be able to apply for an immigrant visa by filing a petition with the USCIS on their own. If a non-immigrant visa is your best option or perhaps your only option, you will still have to qualify for a non-immigrant visa and in if you are coming to work in the United States, your future employer will have to file a petition and secure an approval from the USCIS. U.S. employers file petitions all the time. Individuals coming to the United States to work temporarily will need to have their prospective employer file a petition with the USCIS and secure an approval before applying for a visa. Individuals coming to the United States to marry a U.S. Citizen or permanent resident will not be able to apply for a K-1 Visa until he or she receives the go ahead sometime after the USCIS has approved the peition. For more information on Fiance(e) Visas, please click here.
Immigrant visas are available to individuals who wish to come to the United States to reside permanently. Immigrant visas can be obtained through employment and family.
The following chart covers the five Employment-Based Immigrant Categories. here.
| IMMIGRATION THROUGH EMPLOYMENT |
| EB- 1 - Employment First Preference - Persons of extraordinary ability in the sciences, arts, education, business, or athletics. Outstanding professors and researchers with at least three years experience in teaching or research. Certain executives and managers who have been employed at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer |
| EB-2 - Employment Second Preference - Professionals Holding Advanced Degrees, or Persons of Exceptional Ability in the Arts, Sciences, or Business. Persons with a Bachelor's Degree + 5 years experience. Persons with exceptional ability in the arts, sciences, or business |
| EB-3 - Employment Third Preference - Skilled workers are persons capable of performing a job requiring at least two years'' training or experience. Professionals with a baccalaureate degree are members of a profession with a least a university bachelor's degree; and other workers are those persons capable of filling positions requiring less than two years'' training or experience. |
| EB-4 - Employment Fourth Preference - Special Immigrants. |
| EB-5 - Employment Fifth Preference - Employment creation investors. |
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To learn more about the application process for becoming an immigrant "permanent resident" through employment please click here.
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UNLIMITED - FAMILY OPTIONS
| IR-1 Immediate Relatives (IR-1) Spouse and Children |
| IR-2 Unmarried Child of U.S. Citizen |
| IR-3 Orphan Adopted Abroad by U.S. Citizen |
| IR-4 Oprhan to be Adopted in U.S. by U.S. Citizen |
| IR-5 Parent of U.S. Citizen at least 21 years old |
LIMITED - FAMILY PETITIONS
| F1 - Family First Preference - Unmarried sons and daughters of U.S. Citizens (23,400) |
| F2 - Family Second Preference - Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents. (114,200) At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters. |
| F3 - Family Third Preference - Married sons and daughters of U.S. citizens, and their spouses and children. (23,400) |
| F4 - Family Fourth Preference - Brothers and sisters of United States citizens, and their spouses and children, provided the U.S. citizens are at least 21 years of age. (65,000) |
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FIANCE(E) Visas are an option for permanent residents and U.S. Citizens who wish to bring their fiance(e) and his or her fiance's children to the United States (retrictions apply). To learn more about Fiance(e) visas, please click here.
CHART 2 - OTHER NON-IMMIGRANT VISA OPTIONS
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Nurse Visas Physician Visas
STUDENT VISAS
TREATY TRADER TREATY INVESTOR
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| B-1 - Business Visa - B-2 Tourist Visa |
| C-1, C-2, C-3 - Transiting Visas |
| D-1, D-2 - Crewman |
| E Visas - E-1 Visa Treaty Trader, E-2 Treaty Investor |
| E-3 Nationals of Australia |
| F-1 Student Visa - F-2 Spouse or child of F-1 Student |
| H Visas for Workers *See Chart 1 Above* |
| I Visas - Media and Journalists |
| J Visas - Aupairs, Exchange Visitors, Students, Physicans, Professor and Research Scholar, Student, Teachers + others |
| K-1 Fiance Visas - Fiance(e) Visa + Family |
| M-1 Vocational or Other Nonacademic Student Visa or Borer Commuter Student (M-1 Visa) (M-2 Spouse or Child of M-1) |
| TN Visa - Trade Visa for Canadians and Mexicans + TD Visas for Spouses and Children (NAFTA Professional) |
| U-1 Victim of Criminal Activity |
| V-1 Spouse of Legal Permanent Resident |
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ONCE YOU ARRIVE IN THE UNITED STATES
You worked hard to get to the United States. Once here you must take the steps to preserve your status. If you need to stay beyond the date stamped on your I-94 or circumstances arise while here in the United States that put you at risk of overstaying your authorized stay, it is an imperative that you seek out the advice of a licensed immigration attorney as soon as possible. Conditional residents and permanent residents will also need to take the steps to protect and preserve their status as well. Conditional residents will need to remove the conditions by a certain date, others will need to file to adjust their status. This is not a comprehensive list of things to do to preserve your status. Individuals who have applied for adjustment of status or other types of immigration relief should seek out the advice of an attorney before leaving the United States. Leaving the United States without the proper travel documents can result in an abandonment of your application for adjustment of status. If you have already left the country without discussing these concerns with an attorney, you should contact a licensed immigration attorney immediately. Permanent residents must also take care in preserving and protecting their status too. When permanent resident travel abroad they must pay close attention to the time they spend out of the country. Too much time out of the country can result in a permanent resident losing his or her status (abandonin his or her residence in the United States). If that happens, a permanent resident may need to apply for a visa abroad. Please take the time to seek out the advice of an immigration attorney.
If you have any questions about protecting and preserving your status, please submit your questions via our e-mail submission service and/or schedule a consultation. To learn more about services and pricing, please click here.
THE LENGTH OF YOUR STAY IN THE UNITED STATES
IMPORTANT: Securing a visa does not guarantee admission to the United States. A visa authorizes you to travel to the United States. Upon your arrival to the United States, an official will determine if you are admissible to the United States. If you are admissible, the official will determine how long you can stay. The expiration date of your visa is not the only date you should be concerned with. The expiration date of your passport will also be important. The date stamped on your I-94 is the another important that you must keep track of. The date stamped on your I-94 is the date that you will be expected to leave the United States by. (VWP will receive I-94W). Staying beyond the date stamped on your I-94 or I-94 for (VWP) can have serious consequences. Staying beyond the period of time authorized, by the Department of Homeland Security may cause you to be ineligible for a visa in the future for return travel to the U.S. and is considered a violation of immigration law. There may be other repercussions as well. Read Apply to Extend Your Visa below.
No date on your I-94?
If your I-94 was stamped D/S Duration of Stay, you are not expected to leave by a certain date so long as you continue your course of studies or remain in your exchange program or qualifying employment. Issues can arise and have serious consequences when there are unexpected changes in your plans, your job comes to an end, your course of studies or exchange program ends. Should there be a change and you fail to continue your course of studies or remain in your exchange program or qualifying program, you should consult with a licensed immigration attorney as soon as possible. Remaining in the United States without addressing the D/S Duration of Stay stamp on your I-94 can have severe consequences. If you are concerned about an expected "change" or there has already been a change, please take the time to contact an attorney to discuss your situation.
Apply to Extend Your Stay or Change Your Status.
Non-immigrants with certain types of visas may apply to extend their stays while in the United States. Others may not apply to extend their stay in the United States and for others their employer must file a petition to extend their stay.
Most non-immigrants may apply for a change of status prior to the expiration of their authorization stay while in the United States. In some instances, non-immigrants will have to have their employer file for the change of status on their behalf. If your circumstances have changed or you would like to remain in America for a different reason, you may be able to file for a change of status.
Personalized U.S. Immigration Assistance
The firm's founder provides a variety of services, including but not limited to one-on-one assistance to individuals with U.S. immigration questions. Have U.S. immigration questions? Now, for $49.00 USD can submit up to twenty questions, three per day to a licensed immigration attorney. For one low price, the firm's attorney will accept, review and respond to up to three of your U.S. immigration questions per day for twenty one days. The firm also offers same and next day consultations. The cost of a consultation includes two 30 minute one-on-one live chat sessions with the firm's immigration attorney, an e-mail submission service (as described above) and an immigration form transmission service. For those who require additional services beyond the e-mail submission service or consultation, the firm also offers full service U.S. immigration legal respresentation to those in the United States and abroad. The firm's attorney can prepare and submit USCIS applications and petitions and other immigration relief on their behalf.
Common Topics of Interest
The firm's attorney is here to help guide individuals through any and all aspects of the U.S. immigration process by providing prompt answers to all of your immigration question. Some common areas of interest are selecting the right visa, preparing and submitting visa applications, preparing and submitting USCIS applications and petitions, applying for labor certifications or labor condition applications, preparing for consular and USCIS interviews, protecting and preserving an individual's immigration status, applying for travel documents, work authorization, extensions, adjustments of status, changes of status, removing conditions of residence and many other immigration topics.
Submit Your Questions and/or Schedule a Consultation
Our services are available to anyone in the United States or abroad.
E-mail Submission Service. Submit 3 of your immigration questions per day for 7 days for review by the firm's immigration attorney. The e-mail submission service does not include a consultation or the firm's immigration form transmission service. Submit your questions anytime of the day or night. For full details and pricing, click here.
Same or Next Day Consultations. The firm also offers a live chat consultation with the firm's founder, a licensed attorney. All consultations include two 30 minute live chat sessions with a licensed immigration attorney. No special equipment required. Same and Next Day Consultations include our e-mail submission service and our immigration form transmission service. For full details and pricing, click here.
Full Service Representation. The firm also offers full legal representation in most U.S. immigration matters. The firm asks all those interested in retaning the firm to schedule either a same or next day consultation. Cost of the same or next day consultation will be deducted from any fees paid by you within two weeks of paying for your consultation. You are no obligated to retain the firm and will owe no additional fees beyon the cost of a consultation should you decide not to retain the firm. For more information on pricing and fees, please click here.
How important is it to apply for the right visa?