Jalesia McQueen Gadberry is a skilled and results-oriented Immigration Law Attorney who knows the complex and constantly changing field of Immigration Law.  Unless you are aware of the potential difficulties in this confusing area, dealing with the United States Citizenship and Immigration Service (USCIS) can be detrimental to your status and those of your family while in the U.S.  Applications can be denied for even minor errors.  And in this heightened climate of terrorism, the chances for denials or difficulties have increased.  Our firm represents organizations, businesses, and individuals not only in the St. Louis region, Missouri and Illinois but also from around the world on immigration matters and related issues. We use advanced communication technologies to facilitate fast and efficient case preparation and to provide feedback to our clients.

We assist clients in a broad range of matters including, but not limited to:

1. H-1B and other H visas
2. B1&2 Visas
3. E1 & E2 Visas
4. L Visas
5. O Visas
6. P Visas
7. R Visas
8. K1 Fiancé
9. K3/4 Visas
10. F Student Visas
11. J Exchange Visitors
12. Green Card/Permanent Residency
13. Naturalization/ Citizenship
14. TN/TD Visas
15. Understanding the interworking of USCIS, particularly the district office in St. Louis, MO
16. Employer’s compliance with immigration law.

JALESIA F. MCQUEEN GADBERRY PROFILED AS A SAINT LOUIS CHARACTER BY THE SAINT LOUIS BUSINESS JOURNAL,
APRIL 2010

QUICK FACTS ON THE U.S. IMMIGRATION SYSTEM (PDF Download)
Dated: February 21, 2010

Immigration is a Federal practice, which means attorneys who practice immigration law can do so in all 50 States.
 
Definitions:
• Immigrant v. nonimmigrant:
o Immigrant is someone seeking to permanently stay in the U.S.
o Nonimmigrant is someone who is here temporarily for a set period of time
• The word “Immigrant” may be used interchangeably with “Lawful Permanent Resident”, “Green Card Holder” and “Permanent Resident”

Agencies:
• U.S. Department of State –  Issues the visas
• U.S. Department of Labor (DOL) – Determines whether pay is sufficient and whether there
are no U.S. workers to do the job
• U.S. Department of Homeland Security (DHS)
o U.S. Citizenship and Immigration Services (USCIS) (formerly INS) - Decides thestatus of the alien
o U.S. Customs and Border Protection (CBP) – Protects and inspects the border and monitors travel and trade
o U.S. Immigration and Customs Enforcement (ICE) – Investigates and acts as police force for DHS

• Both family and employment are subject to a worldwide cap
• Family
o Marriage
o Immediate relative – child, mother, father
o Other relative – brother, sister
• Employment – divided into Employment-Based categories
o EB-1 – Extraordinary ability, Outstanding researchers and professors and Multinational managers or executives
o EB-2 – Advanced degree, Exceptional ability and National Interest Waiver
o EB-3 – Skilled worker, Professionals and Unskilled workers
o EB-4 - Religious ministers and workers, Broadcasters, Iraqi/Afghan translators, Iraqis who have assisted U.S., International organization employees, Physicians, Armed Forces members, Panama Canal Zone employees, Retired NATO-6 employees, Spouses and children of deceased NATO-6 employees
o EB-5 – Investors for New Commercial Enterprise, Troubled Businesses and Regional Centers
• Other – Refugee and Asylum
• Waiting times vary due to backlog, processing times, etc.

 
Common Non-Immigrant Visas:
• E-1 – substantial trader of goods, etc., only those countries that have treaty with U.S., no labor certificate required
• E-2 – substantial investor, only those countries that have treaty with U.S., no labor certificate required
• H-IB - need bachelor's degree, most flexible, subject to cap unless fall under exceptions
• H-2A - agricultural, temporary or seasonal nature, labor certificate required
• H-2B - non-agricultural, temporary or seasonal, subject to cap, labor certificate required
• TN - Canada and Mexico citizens, need bachelor's degree in most instances
• L-l - international transfer of employees, managers and specialists

Individuals
• Keep a good record of all your immigration paperwork
• Consult an attorney when necessary to apply for or renew your status (immigration is very confusing and very subjective)
• Timeframes change constantly, so someone else’s experience may be different from yours
• Individual results vary, so do not compare your situation to anyone else’s

Employers
• Begin the immigration process EARLY, so you do not lose time with a critical foreign worker
• Maintain the I-9 Forms for all your workers and in accordance with the regulations
• Consult an attorney when necessary to apply for or renew your worker’s status (submission of  the application in the right order and with the proper documentation can be crucial to your business)

PLEASE NOTE: This is meant to be a general summary of the immigration system. This compilation is not meant to be all-inclusive of the subject matter and does not constitute professional legal advice.  This compilation does not form any type of attorney-client relationship if received by recipient from McQueen Gadberry LLC or any of its attorneys.  If legal advice is sought in connection with a particular matter, be sure to ask us for an appointment and we will be happy to determine whether an attorney-client relationship is mutually beneficial and necessary.  After you sign our engagement letter, we will have the opportunity to consider the law, the facts and all of the factors relevant to the particular matter.