Our Legal Services

At Attorney Ana Del Mar Morales & Rushford Attorney’s at Law, we are dedicated to providing comprehensive legal services to our clients. In addition to our experienced United States immigration lawyers, we also have a dedicated banking law and compliance division. 

We specialize in the following:

E
E
E
E

Labor Certifications
Employment Visas
Investor Visas EB5 – E2- E1
Artist Visas

E
E
E
E

Family Petitions
Waivers
Consular Proceedings
bANKING lAW AND rEGULATORY MATTERS

Family-based Immigration

When your loved ones reside in another country, your top priority is reuniting with them. However, the process of family-based immigration can be complicated and lengthy. Our law firm is dedicated to helping you navigate this process and assisting you in applying for the appropriate visa or green card category.

READ MORE

 

 We offer a range of services to help you reunite with your family members, including:

 

K1 fiancé Visa: This allows a U.S. citizen to sponsor their fiancé to come to the U.S. and get married. Once married, they can then apply for a Green Card.

K3 Visa: This allows a U.S. citizen who is already married to sponsor their spouse so that they can join them in the U.S. while they wait for their Green Card application to be processed.

IR Green Card (Immediate Relative): This allows a U.S. citizen to sponsor their spouses, children, and parents while they apply for a Green Card.

F1 & F3 Green Cards: This allows a U.S. citizen to sponsor their children and allows the children to become permanent U.S. residents.

F2 Green Card: This is similar to the F1-F3 Green Card, except it allows permanent residents of the U.S. to sponsor their spouse and children while they apply for a Green Card.

F4 Green Card: This allows U.S. citizens to sponsor their brothers and sisters while they apply for permanent residence.

Renewal of Green Card and Citizenship

There are also family-based preference categories that apply to other relatives of U.S. citizens or lawful permanent residents, including:

 

Unmarried son or daughter of a U.S. citizen who is 21 years old or older

Married son or daughter of a U.S. citizen

Brother or sister of a U.S. citizen who is at least 21 years old

Spouse of a lawful permanent resident

Unmarried child under the age of 21 of a lawful permanent resident

Unmarried son or daughter of a lawful permanent resident who is 21 years old or older

Our experienced immigration lawyers can guide you through the family-based immigration process and help you choose the best option for your situation. Contact us today to schedule a consultation.

 

BUSINESS AND Employment IMMIGRATION

Navigating the immigration process can be challenging, especially when it comes to employment-based immigration. The rules, laws, requirements, and conditions surrounding the process can add an extra layer of complexity. Our law firm is here to help you with every step of the process, offering a range of services to meet your needs.

READ MORE

 

Our experienced immigration attorneys can help you with:

 

Business-based non-immigrant visas

Business-based permanent residency

I-9 and E-Verify compliance

E-1 and E-2 visas, also known as trader investor visas

EB-5 immigrant investor program

Industry-specific solutions, including E-2 and EB-5 visas

We understand the challenges of employment-based immigration and are committed to helping you achieve your goals. Whether you are a business owner seeking to hire foreign talent or an individual seeking employment-based immigration, our attorneys have the knowledge and experience necessary to guide you through the process.

 

Let us help you navigate the complexities of employment-based immigration. Contact us today to schedule a consultation with one of our experienced immigration attorneys.

Seeking Asylum or Humanitarian Relief

Immigration based on humanitarian relief efforts such as seeing asylum or refugee status from a country that is in the midst of war or other political turmoil is becoming increasingly common due to the increasing instability of many countries in the world. Victims of persecution, human trafficking, or survivors of other crimes committed and reported in the US may also qualify for immigration under the U visa.

READ MORE

Navigating the complexities of the U.S. Immigrations Laws can be overwhelming. Aside from asylum and refugees, the U.S. offers several other humanitarian immigration options for individuals in need of help. Let our experienced lawyer’s asses your case and provide you with professional legal advice.

Our office can help with:

Temporary protected status (TPS).

I-589, Application for Asylum and Withholding of Removal.

Violence Against Women Act (VAMA) under the Immigration and Nationality Act (INA).

U Nonimmigrant Status (U Visa).

“T” Nonimmigrant Status (T Visa).

DEPORTATION DEFENSE AND APPEALS

Attorney Ana del Mar Morales and her staff understand how stressful and frightening the process can be when you or a loved is faced with a removal “deportation” proceedings or an appeal. Let our experienced attorneys handle your case, whether it’s before an Immigration Court, the Board of Immigration Appeals or a Federal Circuit Court of Appeals.

Our firm can help you:

  • Fight an Immigration Detention
  • Cancellation of Removal
  • Terminating or administratively closing removal proceedings
  • Waivers of inadmissibility
  • Adjustment of status and readjustment of status
  • Voluntary departure

EB5 INVESTOR VISAS

The EB-5 investor visa category is a unique type of immigrant visa that was established in 1990 to encourage investment and job growth in the United States. The program is designed to assist foreign investors who plan to make a significant investment in American business and create job opportunities. The eligibility of an applicant for this program is directly linked to their ability to have a positive economic impact.

READ MORE

 

To qualify for the EB-5 program, an investor must make an investment of $900,000 or more, resulting in the creation of at least ten full-time jobs in a high-unemployment area or a Targeted Investment Area. If the new business is not located in one of these areas, an investment of $1,800,000 will be required, with the same job creation requirement. The program has strict regulations, and extensive documentation is necessary to prove the source and lawfulness of the investment.

As experienced immigration attorneys with over 40 years of experience, we can assist you in navigating the complexities of the EB-5 program. We will guide you through the application process, ensuring that you avoid costly missteps. Our services include gathering information about your case, discussing income requirements, acceptable income sources, acceptable documentation, and other financial and legal details of the program.

If you are likely eligible for the program, we will assist you in gathering the necessary documentation and adjusting your business plan to meet the requirements. In addition to proving the ability to create a minimum number of jobs, you will also need to meet minimum standards of managerial involvement in the proposed business if you own and direct it. If you are investing in a Regional Center, you will not have day-to-day management responsibilities, but you will not be able to make managerial decisions or direct your investment.

We also offer a complete package service for the opening, registration, and legal creation of your business in the state you are interested in. As the competition for available EB-5 visas is increasing, it is essential that your case is presented accurately with all the necessary documents and proof. With a limited number of EB-5 visas issued each year, any errors or oversights could delay the process and result in missing the annual quota.

The EB-5 processing time typically takes at least a year before an investor can enter the United States, and for some investors, depending on their country of origin, it may take longer. We can advise you on the expected processing time for applicants from your country. Contact us today to schedule a consultation with one of our experienced immigration attorneys to learn more about the EB-5 investor visa program.

PERM LABOR CERTIFICATION

The PERM Labor Certification is the initial step for certain foreign nationals to obtain an employment-based immigrant visa (commonly known as a green card). The process involves obtaining a permanent labor certification, also known as “PERM,” issued by the Department of Labor (DOL). This certification allows an employer to sponsor a foreign worker for permanent residency in the United States.

READ MORE

 

The labor certification process is intended to ensure that foreign workers seeking an immigrant visa do not displace equally skilled US workers and protects the US labor market. The DOL must certify to the US Citizenship and Immigration Services (USCIS) that there are no qualified US workers available to perform the job and that hiring the foreign worker will not adversely affect the wages and working conditions of US workers in the same category.

The PERM Labor Certification is required for those seeking permanent residency through the EB-2 Employment-Based Second Preference Visa and the Employment-Based EB-3 Third Preference Visa.

The EB-2 Visa is for foreign professionals with an advanced degree or its equivalent (master’s degree or higher) or those with exceptional ability in the sciences, arts, or business. In some cases, a professional with a bachelor’s degree and at least five years of experience with increasing responsibility in the offered work may also be considered to possess the equivalent of a master’s degree.

The EB-3 Visa is for foreign employees who have a bachelor’s degree or, if they do not possess a degree, are skilled workers with at least two years of work experience for the job being offered. There is also a subcategory for unskilled workers that requires less than two years of experience.

Basic Requirements

To apply for a PERM Labor Certification, the employer must offer a full-time, permanent position located in the United States. Part-time, temporary, or seasonal positions do not qualify.

There are several other basic requirements for PERM applications. The employer must attest that the job offer is from a good-faith job offer available to US workers and that there are no qualified US workers capable, willing, qualified, and available to accept the job offer through the specific recruitment process. The position offered should not be made based on the foreign worker’s qualifications.

The Steps for PERM

The PERM process involves several steps. First, the employer must finalize the job description for the foreign worker, which must be very specific and detailed. The employer must then determine the prevailing wage for the job, which is the minimum amount that can be paid to the foreign worker for the offered work.

Recruitment is the next step, which can be heavy and demanding. The employer must conduct recruitment of US workers for the work offered and place a work order with the State Workforce Authority for 30 days. The employer must also place advertisements in general circulation newspapers and professional newspapers, depending on the job requirements. The employer must also post an internal job advertisement for a period of ten consecutive business days.

All applications for PERM labor certifications are submitted online with the DOL. The processing time for PERM cases can vary from 3 to 6 months if there are no audits. The approximate processing time for a PERM-based green card application is currently 18 months.

Common Issues and Questions

Employers must keep all PERM documents for a period of five years and document their publicity and hiring process in a hiring report. The certification has a validity period of 180 days and expires if it is not sent to USCIS within this period.

Employers may face an audit, which is the process by which certain PERM applicants must submit evidence of their hiring activities. Employers must also create a hiring report and document the reason for each applicant’s rejection.

Let our experienced immigration attorneys help you with this complex matter.

ASYLUM AND HUMANITARIAN RELIEF

Navigating the complexities of the U.S. Immigrations Laws can be overwhelming. Aside from asylum and refugees, the U.S. offers several other humanitarian immigration options for individuals in need of help. Let our experienced lawyer’s asses your case and provide you with professional legal advice.

READ MORE

 

At our law firm, we understand how challenging the asylum process can be. Our team of experienced immigration lawyers is dedicated to providing comprehensive legal assistance to those seeking asylum in the United States.

The asylum process is designed to protect individuals who have fled their home country due to persecution or a well-founded fear of persecution based on their race, religion, nationality, political opinion, or membership in a particular social group. Asylum seekers must apply for protection within one year of arriving in the United States, although there are some exceptions to this rule.

Our team will work closely with you to gather all the necessary documentation and evidence to support your asylum claim. We understand that the process can be emotionally draining and stressful, which is why we strive to make the process as straightforward and stress-free as possible.

Our services include preparing and submitting your asylum application, representing you at asylum interviews, and representing you in court if your case goes to the Immigration Court. We will also provide you with ongoing support and guidance throughout the entire process.

Our lawyers have extensive experience in handling asylum cases and are up to date with the latest changes and developments in immigration law. We are committed to providing you with the highest quality legal representation and will fight tirelessly to help you achieve your goals.

If you are seeking asylum in the United States, don’t hesitate to contact us today to schedule a consultation with one of our experienced immigration lawyers.

 

In addition to asylum and refugee status, there are several other options for individuals seeking humanitarian relief in the United States. These options include:

Temporary Protected Status (TPS): TPS is a temporary immigration status provided to eligible individuals who cannot return to their home country due to ongoing armed conflict, environmental disasters, or other extraordinary and temporary conditions. TPS provides employment authorization and protection from deportation for a specified period.

Application for Asylum and Withholding of Removal (Form I-589): Individuals who fear persecution in their home country due to their race, religion, nationality, political opinion, or membership in a particular social group may be eligible to apply for asylum. Asylum provides protection from deportation and a path to lawful permanent residency.

Violence Against Women Act (VAWA) under the Immigration and Nationality Act (INA): VAWA provides protection to survivors of domestic violence and their children by allowing them to self-petition for lawful permanent residency without relying on their abusive spouse or parent.

U Nonimmigrant Status (U Visa): U visas are available to victims of certain crimes who have suffered mental or physical abuse and are willing to assist law enforcement in the investigation or prosecution of the crime. U visa holders are eligible for employment authorization and can eventually apply for lawful permanent residency.

“T” Nonimmigrant Status (T Visa): T visas are available to victims of human trafficking who have suffered mental or physical abuse and are willing to assist law enforcement in the investigation or prosecution of the crime. T visa holders are eligible for employment authorization and can eventually apply for lawful permanent residency.

Navigating the complex U.S. immigration laws can be challenging, especially when seeking humanitarian relief. It is important to seek the advice of an experienced immigration attorney who can assess your case and provide professional legal guidance.

DEPORTATION DEFENSE AND APPEALS

Attorney Ana del Mar Morales and her staff are aware of how overwhelming and distressing it can be when you or a loved one are confronted with removal proceedings or an appeal . Our team of skilled attorneys is ready to assist you in managing your case, whether it is before an Immigration Court, the Board of Immigration Appeals, or a Federal Circuit Court of Appeals.

READ MORE

Our firm can help you:

  • Fight an Immigration Detention
  • Cancellation of Removal
  • Terminating or administratively closing removal proceedings
  • Waivers of inadmissibility
  • Adjustment of status and readjustment of status
  • Voluntary departure

WAIVERS

For certain applicants, an Unlawful Presence Waiver may be available to prevent separation from their U.S. citizen or resident relatives and avoid unnecessary hardship. This waiver allows applicants to obtain a provisional “pardon” before attending an interview at a consulate abroad, which enables them to return to the U.S. The Unlawful Presence Waiver process provides an opportunity for individuals who may have overstayed their visas or entered without a visa to regularize their immigration status.

READ MORE

 

To qualify for an Unlawful Presence Waiver, the following requirements must be met:

  • The applicant must be physically present in the U.S. at the time of filing the waiver.
  • The applicant must have an approved petition from a U.S. citizen or permanent resident immediate relative.
  • The applicant must demonstrate extreme hardship to their U.S. citizen or permanent resident immediate relative.

If you believe that you may be eligible for an Unlawful Presence Waiver, it is important to seek the guidance of an experienced immigration lawyer. Our skilled attorneys can evaluate your case and provide professional legal advice to help you achieve the best possible outcome for your situation. We understand the complexities of the immigration system and are committed to providing compassionate and effective representation to our clients. Contact us today to learn more about how we can assist you with your Unlawful Presence Waiver.

 

BANKING LAW AND REGULATORY MATTERS OCIF

 

In addition to our comprehensive banking law and compliance services, our firm also specializes in handling regulatory matters before the Office of the Commissioner of Financial Institutions (OCIF).

Our expertise in regulatory matters before OCIF includes:

 Licensing and registration: We assist individuals and businesses in obtaining the necessary licenses and registrations required by OCIF for various financial activities, ensuring compliance with OCIF regulations.

Compliance and reporting: We help clients establish robust compliance programs that align with OCIF requirements, conduct internal audits, and assist with regulatory reporting obligations.

Regulatory examinations and investigations: Our team provides guidance and representation during OCIF examinations and investigations, ensuring compliance with examination protocols and assisting with inquiries or findings.

Enforcement actions: In the event of a regulatory enforcement action by OCIF, we offer legal representation and advocacy to protect our clients’ interests and navigate the enforcement process.

Regulatory guidance and advice: We provide expert advice on regulatory matters governed by OCIF, helping clients understand and navigate the complex regulations and requirements.

Our dedicated banking law and compliance division, along with our experience in handling OCIF regulatory matters, allows us to provide comprehensive support to clients in the banking industry. We are committed to ensuring our clients’ compliance with both general banking regulations and the specific requirements set forth by OCIF.

If you have any specific questions regarding regulatory matters before OCIF or need assistance in this area, please don’t hesitate to reach out. We are here to provide guidance and help you navigate the regulatory landscape effectively.

READ MORE

 

Our team of experienced lawyers is well-versed in the regulatory framework governed by OCIF and stays up-to-date with any changes or updates to the regulations. We are committed to providing our clients with effective and personalized solutions to address their regulatory needs and ensure compliance with OCIF requirements.

 

HOW CAN WE HELP YOU?