Many people who consider filing a trademark application wonder what information or documents they need for submitting the application. Title 37 of the Code of Federal Regulations sets forth the requirements for a complete trademark or service mark application. Pursuant to this regulation, the application must be in English and shall include all of the following:
First of all, a trademark or service mark application shall include the name, the citizenship and the address of the applicant. 37 C.F.R § 2.32(a). It should be noted that only the owner of the mark can apply for the registration of the mark. 15 U.S.C. 1051(a). This is a statutory requirement and cannot be waived. Chien Ming Huang v. Tzu Wei Chen Food Co. Ltd. (Fed. Cir. 1988) 849 F.2d 1458, 1460. A license to use a trademark does not make the licensee an owner of the mark. Norden Restaurant Corp. v. Sons of Revolution in State of N.Y. (1980) 51 N.Y.2d 518, 522. Hence, even a licensee cannot file a trademark application.
To be considered complete, a trademark or service mark application shall include the drawing of the mark. 37 C.F.R § 2.32(c). The drawing is a clear depiction of the mark which shows how the registered mark will look like. The drawing can be (a) in standard characters without claim to any particular font style, size or color, or (b) a special form drawing when the mark includes a two or three dimensional design, or characters in a particular font style or size. If the mark is not in standard characters the application shall also include a description of the mark. Id. § 2.32(a)(8).
In the application for registration the applicant must identify the goods or services in connection to which the applicant uses or intends to use the mark. Id. § 2.32(a)(6). The application shall also state the international class of good or services, if known. Id. § 2.32(a)(6). It should be noted that the classification of goods and services is only for the United States Patent and Trademark Office administration and cannot prejudice the rights of the applicant. Mobil Oil Corp. v. Walter Kidde & Co. (T.T.A.B. 1970) 167 U.S.P.Q. 478. The list of the classes of goods and services can be found in the Section 6.1 of the Title 37 of the Code of Federal Regulations.
The application must include one or more bases for filing the application. 37 C.F.R § 2.32(a)(5). The application must be based on one of the following grounds: (a) Use in commerce, in which case the applicant must state that the mark is in use in commerce, must state the first date the mark was used anywhere in connection to goods or services, the first date of the use of the mark in commerce, and must attach one specimen showing how the applicant uses the mark in commerce; (b) Intent to use, in which case the applicant must verify that he has a bona fide intention to use the mark in commerce; (c) Registration of the mark in a foreign applicant’s country of origin, in which case the applicant must state that he has a bona fide intent to use the mark in commerce and must attach a copy of the registration of the mark in applicant’s home country; (d) Claim of priority based upon an earlier filed foreign application; (e) Extension of protection of an international registration. Id. § 2.34(a).
The application must include a verified statement. Id. § 2.32(b). The main purpose of the verified statement is to certify that the facts set forth in the application are true. The application shall be signed by the applicant or by someone who is properly authorized to sign on behalf of the applicant. The applicant shall also pay the filing fee for each class of goods and services. Id. § 2.32(d). The application fee varies depending on filing the application on paper or through Trademark Electronic Application System. A trademark application will be complete only if the United States Patent and Trademark Office receives all the items mentioned above. If you have questions regarding trademark applications or any other business law questions give us a call and receive a free consultation with one of our experienced Glendale business lawyers.
KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office.
KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
Pursuant to the Immigration and Nationality Act, the spouses of US citizens and legal permanent residents are granted conditional residence if at the time of obtaining permanent residence their marriage is less than two years old. INA § 216(a)(1) and (h). The same rule applies to people who enter into the US on K-1 Fiancé Visa and obtain their green card after marrying a US citizen. Id. § 216(h)(1).
Within ninety days before the expiration of the two-year validity period of the conditional green card the conditional resident and his spouse must file a joint petition to remove the conditions on residence. However, in some cases the conditional resident and his spouse divorce before filing the joint petition to remove the conditions. Pursuant to the INA, the annulment or termination of a marriage before the removal of conditions on residence leads to the termination of the permanent resident status of the alien. .
If you are a US citizen and you are willing to get married to your foreign fiancé(e) in the US, K-1 fiancé(e) visa is probably the best option for you. The Immigration and Nationality Act gives an opportunity to US citizens to bring their alien fiancé(e)s to the US to get married and to obtain a green card for them. If you need assistance filing for K-1 petition for an alien fiancé visa, our Glendale immigration attorney can
The US citizen and his/her fiancé(e) must meet the following requirements for the K-1 Petition for Alien Fiancé(e):
If you are an individual or a business entity that is using or is willing to use a mark in relation to your business you have probably thought about registering the mark with the United States Patent and Trademark Office. An application to register a trademark can be made only if the applicant’s situation falls under one of the grounds for registration specified by the Lanham Act, also known as the Trademark Act of 1946. The Lanham Act provides four different bases for registering a trademark.
Pursuant to the Lanham Act, the owner of a trademark used in commerce may request registration of its trademark on the principal register. 15 U.S.C. 1051(a)(1). This section of the Lanham Act gives a right to individuals and business entities to register a trademark if they have actually used it in commerce.
The Section 45 of the Lanham Act defines “use in commerce” as a “…bona fide use of a mark in the ordinary course of trade and not merely to reserve a right in the mark.” . For goods, the use in commerce requires (a) placement of the mark on the goods, their containers, the displays associated with goods, the tags or labels affixed to goods or, if such placement is impracticable because of the nature of the goods, on documents associated with goods or their sale, and (b) that the goods be sold or transported in commerce. . For services, the use in commerce requires that the mark be used or displayed in the sale or advertising of services and that the services be rendered in commerce. .
Under California law, drivers are required to carry liability insurance when operating a motor vehicle on a public road. If you were involved in an accident, due to the fault of another, while operating a motor vehicle without liability insurance you likely fall under "Proposition 213". Under California law, uninsured motorists involved in traffic collisions within the State of California, whether or not the collision was caused by the uninsured motorist, are not allowed to recover general damages such as pain and suffering. HOWEVER, there are exceptions to Prop 213. For instance, Prop 213 strictly applies strictly to drivers and not its passengers. If you have been involved in a car, truck, motorcycle, bus or other motor vehicle accident, do not rely on this as legal advice. Speak to a Glendale accident attorney today and request a free consultation
There are certain exceptions to Prop 213. For instance, Prop 213 does NOT limit your ability to recover medical costs, lost wages, damaged property, or compensate you for future medical charges. As an uninsured motorist, Proposition 213 creates serious difficulties, fears, and frustrations to your accident claim. Regardless of your insurance status, adjusters are skilled in limiting the damages you can recover. Even if you are entitled to compensation, insurance companies can hold your lack of coverage against you in your claim. Thus, if you fall under Prop 213 uninsured motorists, your difficulties just got harder. There are exceptions to the rule, and with a knowledgeable and established , you can receive the compensation you deserve.
What can plaintiffs, in California, do if they have been wronged, but have only suffered a minor loss or do not have the funds necessary to file a claim? For example, if a bank has been wrongfully charging their clients fees for a year, and each client has suffered a loss of about $100, what options do these clients have? It would not be feasible for each client to file a claim against the bank because the costs would likely outweigh their potential award. In this case, the wronged clients have the option of filling a “class action” suit. California Civil Code § 1781 describes class action lawsuits, and the requirements to receive certification. “Any consumer entitled to bring an action under Section 1780 may, if the unlawful method, act, or practice has caused damage to other consumers similarly situated, bring an action on behalf of himself and such other consumers to recover damages or obtain other relief . . . .” Cal Civ Code § 1781. In order to obtain a class action certification, the court must first find that it would be impracticable for all the members of the wronged class to be brought before them. Second, the issues or facts that are common to the class must be “substantially similar” and must predominate any other issues that affect the individual members of the class. Third, the claims or defenses of the parties representing the class must be typical of the class itself. And lastly, the representing party must fairly and adequately represent the class as a wholeIf a class action suit is certified, members of the class must be notified about the suit. Notifying class members about the suit is important because all members of the class will be bound by the judgment, whether it be favorable or not. If a class member wishes to not be bound by the judgment in that particular suit, they must request to be excluded by the dates specified. Class members who have been notified of the suit, and have not requested exclusion, will be notified if the suit is dismissed, settled, or compromised. Give us a call, speak English, French, Spanish, Russian, Armenian KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. Our , at KAASS LAW do not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
It is always a drag being part of a motorcycle accident. Literally. An automobile is built to keep you safe and cozy from all the noise, smoke, and life threatening injuries. For Example the B-Pillar, which is the part of the automobile frame which your seat belt is usually attached to. This part of the car is a life saver from T-bone accidents and collision. See image. Now substitute the automobile with all its fine tuned standard protections against bodily injury and death with a 2 wheeler. A motorcycle, yes that thing that buzzes next to you on the 10, 405, and my favorite the 2 freeway. The machine we have all wanted to ride or learn how to ride, but more one reason or many opted to save more than a pretty penny. With a motorcyclist, whom we are all afraid of injuring or potentially even worse. I can honestly say that after years in the practice of representing motorcycle accident victims with massive traumatic and life changing injuries, I have more or less developed a sort of PTSD. Every time I hear the purring of the motorcycle’s engine in the back of my ear, I automatically remember 2 things. Do not even think about placing or answering a hands-free phone call of course and put down that country music. Post-Traumatic Stress you say? I say, my civil duty for the safety of my fellow man. Exactly. I feel as if I worry about these souls more than they. Whizzing, squeezing, cutting, splitting, and my favorite, all while stylishly popping a wheelie standing on the seat with one leg no hands or helmet, providing job security for the Highway Patrol. Oh, yes, slightly, the undiagnosed kind.
US citizens and legal permanent residents can sponsor their family members for a green card. Particularly, a US citizen can sponsor his spouse, children, parents and siblings, while a legal permanent resident can sponsor his spouse and unmarried children. The petitioner willing to sponsor his relative and the beneficiary family member shall go through certain procedure to obtain green card for the family member.
The initial step in the process of sponsoring a family member for a green card is filing the Petition for Alien Relative with USCIS. The USCIS Form I-130, Petition for Alien Relative, shall be used for initiating the sponsorship process. The current version of the Form I-130 can be found on the USCIS website (www.uscis.gov/forms). The petition contains information about the petitioner, the beneficiary family member, and their relationship. The petitioner shall file the petition with all the documents showing that the family member qualifies for the sponsorship. The list of supporting documents is different based on the family relationship between the petitioner and the beneficiary. However, the main purpose of the supporting documents is to show that the petitioner is a US citizen or a legal permanent resident, and that the required family relationship exists between the petitioner and the beneficiary. The petition is filed in the appropriate USCIS office based on the address of the petitioner. The petition is considered properly filed if it is signed by the petitioner, and the filing fee is paid. The current filing fee for the Form I-130 is $535 which shall be paid simultaneously with filing the petition for family member unless the petitioner qualifies for a fee waiver.
Family members of US citizens and permanent residents are the primary source of immigration to US. US citizens and permanent residents can sponsor some of their foreign citizen family members for green card. When the foreign family member can obtain the green card depends on the status of the petitioner (whether he is a citizen or a permanent resident) and the family relationship between the petitioner and the family member.
So called immediate relatives of US citizens have the easiest route to immigrate to US. The category of immediate relatives includes spouses of US citizens, unmarried children under 21 of US citizens, and parents of US citizens who are 21 and older. The main advantage of being an immediate relative of a US citizen is that they are exempt from numerical quotas for the issuance of immigrant visas that apply to other family categories. The exemption means that immediate relatives, if they are otherwise admissible, will be admitted to US regardless the numerical limitations.
L-1 non-immigrant visa is for intracompany transferees who come to the United States to temporarily work for a U.S. company. If you are a foreign worker overseas, a U.S. company may qualify to transfer you with an L-1 visa, as an overseas employee, to the U.S. to work as a manager, executive, or specialized knowledge personnel.
“A manager generally refers to someone who supervises and controls the work of other supervisory, professional managerial employees. The L-1 visa classification also includes managers of an essential function within the organization or a department or subdivision of the organization.”
“An executive generally refers to someone who primarily directs the organization or a major component or function of the organization.”
“An individual with specialized knowledge is someone who possesses special knowledge, of the organization's product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization's processes and procedures.”
Although the termination of a marriage during the two-year conditional residency period is a basis for termination of conditional resident’s permanent resident status, the INA gives an opportunity to the conditional resident to file a petition to the United States Citizenship and Immigration Services requesting to waive the requirement of filing a joint petition to remove conditions.
INA identifies three different grounds for the waiver of the requirement of filing the joint petition to remove conditions on residence:
(a) if extreme hardship would result in case the conditional resident is removed; or
(b) if the conditional resident and his spouse entered into the marriage in good faith, and the conditional resident is not at fault in failing to file the joint petition to remove the conditions on residence; or (c) if the qualifying marriage was entered in good faith, during the marriage the alien spouse was battered by or was the subject of extreme cruelty perpetrated by her spouse and the alien was not at fault in failing to file the joint petition to remove the conditions on residence. Id. § 216(c)(4).
The grounds for waiver specified in INA § 216(c)(4) are separate and independent bases for waiving the requirement of filing the joint petition to remove the conditions on residence. Matter of Balsillie, 20 I. &. N. Dec. 486 (B.I.A. 1992). However, if the conditional resident qualifies for a waiver on different grounds he can include all the bases in his petition.
The conditional resident shall file the request for a waiver by using the Form I-751, Petition to Remove Conditions on Residence, which is also used for filing the joint petition to remove conditions. The most updated version of the form can be found on the USCIS website. The petition shall be filed with all the supporting documents showing that the conditional resident qualifies for the specific ground for waiver. If the petitioner is able to demonstrate that he meets the requirements for the waiver his petition will be approved and he will get the permanent green card.
Although your marriage was terminated during the conditional residency period you still can obtain your permanent green card if you qualify for a waiver of the requirement to file a joint petition to remove conditions on residence.
If you have questions regarding waivers of the requirement to file joint petition to remove conditions on residence or any other immigration law questions give us a call and receive a free consultation with one of our experienced Glendale immigration lawyers.
KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office.
KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
The requirement of in person meeting within two years before filing the petition can be waived only in two circumstances:
To initiate the process of bringing a foreign fiancé(e) to the US, the US citizen petitioner must file the Petition for Alien Fiancé(e) with the United States Citizenship and Immigration Services (USCIS). The petition shall be filed by using the Form I-129F, Petition for Alien Fiancé(e), the latest version of which can be found on USCIS website (www.uscis.gov/forms). The Petition for Alien Fiancé(e) is filed with supporting documents showing the parties have met within two years before filing the petition and their intent to marry within ninety days after the fiancé(e) beneficiary’s entry to the US.
After the approval of the petition by USCIS, the fiancé(e) beneficiary may apply to the US consulate in his/her home country to obtain K-1 Visa for entry to the US. The petitioner and the fiancé(e) beneficiary must get married within ninety days after the beneficiary’s entry to the US. Once the petitioner and the beneficiary get married, the beneficiary can file the application to adjust his/her status to obtain the green card. If the fiancé(e) beneficiary does not marry within ninety days after his/her entry to the US he/she will have to leave the country. Fiancé(e) beneficiaries cannot extend their K-1 status; neither can they change their status.
K-1 Fiancé(e) Visa is a unique option for US citizens and their foreign fiancé(e)s to plan their wedding in the US. Through this visa, the fiancé(e) beneficiary gets the opportunity to enter the US, to get married here and to obtain his/her permanent residency without leaving the country afterward.
If you have questions regarding K-1 fiance visas or any other immigration law questions give us a call and speak to one of our experienced Glendale immigration lawyers.
KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office.
KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
Pursuant to this basis for registration, the applicant must first use the mark in commerce. Once the mark is used in commerce the applicant can file the application to register the trademark.
The Lanham Act also allows filing an application for registration if the applicant has a bona fide intention to use the mark in commerce. 15 U.S.C. 1051(a)(2). Here, the applicant has not used the mark in commerce yet, however, he has a bona fide intention to make such use in future. The bona fide intent requirement means that there must be an actual intent to use a mark and evidence objectively demonstrating such intent. Aktieselskabet AF 21. November 2001 v. Fame Jeans Inc. (2008) 525 F.3d 8, 21.
It should be noted, that although the Lanham Act allows to file the intent to use application before using the mark in commerce, the registration of the mark will not be granted unless the applicant files a proof that he has used the mark in commerce. After filing the statement of use application, if the mark is registrable and no successful opposition is filed, the US Patent and Trademark Office will issue a notice of allowance which will give the applicant time to file a statement showing that the mark was used in commerce.
The applicant has a maximum of thirty six month after the date of issuance of the notice of allowance to show the actual use of the mark in commerce. The applicant shall comply with this requirement by filing the statement of use application with evidence showing the use of the mark in commerce. Only after filing the proper statement of use application the applicant can obtain the actual registration of the trademark.
Pursuant to the Section 44 of the Lanham Act, if a foreign national’s country of origin is a party to an international trademark treaty signed by the United States, and if he has or has applied for trademark registration in the foreign country, the foreign national with a bona fide intent to use the trademark in US can file an application with the United States Patent and Trademark Office to register the same trademark. 15 U.S.C. 1126.
This section of the Lanham Act is intended to give privilege to nationals of foreign countries who have entered the same international trademark treaties with the US. This basis gives an opportunity to foreign nationals to register a trademark if they already have a registration or application in their home country. It should also be noted that in this case the applicant does not have to show the actual use of the mark in the US in order to obtain registration of the mark. If the applicant has bona fide intent to use the trademark in the US and he already has a registration or application in his home country that will suffice for registering the mark in the US.
“[T]he holder of an international registration shall be entitled to the benefits of extension of protection of that international registration to the United States to the extent necessary to give effect to any provision of the Madrid Protocol.” 15 U.S.C. 1141E(a). This section of the Lanham Act is intended to enforce the provisions of the Madrid Protocol which is designed to facilitate the registration of trademarks in several nations.
This basis gives an opportunity to applicants who have international registration pursuant to the Madrid protocol to extend the protection of the mark to the US. It should be noted that the applicant does not have to show actual use of the mark in the US for the extension of protection. The international registration of the mark and the applicant’s bona fide intent to use the mark in the US will be enough for registering the mark with the United States Patent and Trademark Office.
If your situation falls under one of the four bases for registration described above you can consider registering your trademark with the United States Patent and Trademark Office.
If you have questions regarding trademarks or even trademark infringement, give us a call and speak to one of our experienced Glendale business law attorneys.
KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office.
KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
It is important to find an experienced accident attorney that is experienced with accidents involving Prop 213. KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
OTS has data that shows back in 2021, in Los Angeles, California, with an approximate population of 10 million people, 2,812 people died or were victims of a motorcycle accident. These types of numbers appear small, but these are real numbers and, nonetheless, real people who are no longer with us or cannot be the same due to a motorcycle accident.
Here at KAASS Law, as always, reminds everyone to be safe and extremely cautious out there! You have all given us so much business in the past and we have fearlessly advocated for your causes and brought in the big settlement bucks. However, as I hear our attorneys time and time again pragmatically and unsuccessfully advise--“Maybe you keep off that thing for a while.”
The approval of the petition for family member does not mean that the beneficiary family member will automatically get his green card. After the approval of the petition the family member has to apply to the consulate in his home country to obtain immigrant visa to enter the US as a legal permanent resident or has to submit an application to adjust his status if he is already in the US. However, not in all the cases the family member can apply to the consulate or file the application to adjust his status immediately after the approval of the petition.
The approval of a US citizen’s petition for his spouse, parents or unmarried children under 21, so called immediate relatives, makes the immigrant visa immediately available for the beneficiary family member. This means that right after the approval of the petition immediate relatives can apply to the consulate in their home country and obtain an immigrant visa to enter the US as permanent residents. If beneficiary family members falling under the immediate relative category are already in the US they can obtain their permanent resident status by filing an application to adjust status with USCIS. The application to adjust status can be filed simultaneously with the petition for alien relative or right after the approval of the petition. Generally, immediate relatives planning to adjust their status in the US file their application together with their family member’s petition for alien relative. However, it should be noted that the family member planning to adjust his status should qualify for the adjustment of status. There are certain circumstances that might bar a person’s eligibility to adjust his status in the US. One of the most common bars to adjustment of status is illegal entry to the US. On the other side, overstaying a visa does not bar an immediate relative’s eligibility to adjust his status.
The approval of the petition for alien relative does not make the immigrant visa immediately available for family members of US citizens who do not fall under the immediate relative category or for family members of legal permanent residents. The waiting time for these family members depend on the family preference category under which they fall and their country of citizenship. The Immigration and Nationality Act divides family members of US citizens and legal permanent resident into four preference categories: 1) First Preference – unmarried sons and daughters of US citizens who are 21 and older; 2) Second Preference – spouses and unmarried sons and daughters of legal permanent residents; 3) Third Preference – married sons and daughters of US citizens; 4) Fourth Preference – brothers and sisters of US citizens. Specific limit is set on the number of visas that can be issued in each preference category. US consulates abroad cannot issue more visas than the number allocated to the specific preference category. The number of petitions for family members considerably exceeds the number of visas allocated for the preference categories. Therefore, a substantial backlog has been created, and the family members of US citizens and permanent resident have to wait for long years until their visa becomes available. It should also be noted that there is a per country limit on issuance of visas each year as a result of which citizens of certain countries have to wait much longer than others. US Department of State publishes a monthly visa bulletin which specifies the waiting times for all preference categories for all the countries. The visa bulletin states how long the family member will have to wait after the petitioner properly files the petition for alien relative, so called priority date. For example, pursuant to the last visa bulletin, unmarried sons and daughters of US citizen who are 21 and older and who are citizens of Mexico shall wait for 21 year until their visa becomes available, citizens of Philippines falling under the same category will have to wait for 11 years, while citizens of all other countries will have to wait for 6 years. The link to the most recent visa bulletin can be found here Once the visa becomes available, the family member can apply to the consulate in his home country to obtain an immigrant visa to enter the US or to apply to adjust his status if he is in the US and qualifies for adjustment of status. For certain family members of US citizens falling under the category of immediate relatives it does not take long to immigrate to the US because their immigrant visa becomes immediately available after the approval of the petition for alien relative. However, family members who fall under one of the preference categories discussed above have to wait for years until their immigrant visa becomes available. Give our immigration attorneys a call for a free consultation. We speak English, French, Spanish, Russian, Armenian, and Italian.
KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
In addition to immediate relatives of US citizens, there are other family based categories which are subject to numerical limitations. Family-sponsored immigrants are divided into four preference categories: 1) First Preference – unmarried sons and daughters of US citizens. This group includes unmarried sons and daughter who are 21 and older. Each year 23400 visas are available to family members who fall under the first preference. 2) Second Preference – spouses and unmarried sons and daughters of permanent residents. This group is divided into 2 categories: (a) spouses and unmarried sons and daughter under 21, and (b) unmarried sons and daughters who are 21 and older. Permanent residents cannot sponsor their married sons and daughters. The annual limit of visas in the second preference category is 114200. It should be noted that 77% of available visas in the second preferences category is allocated to spouses and unmarried sons and daughters under 21. 3) Third Preference – married sons and daughters of US citizens. This preference category includes married sons and daughter of US citizens whether they are under or over 21. The annual limit of visas available in this preference category is 23400. 4) Fourth Preference – brothers and sisters of US citizens. To fall under the fourth preference category the siblings must have at least one common parent. 65,000 visas are available in this category annually. Are you wondering how long it will take to bring a family member to the US? Because of the limited number of visas available each year, family members of US citizens, other than immediate relatives, might have to wait for years in order to obtain permanent residence in US. It should also be noted, that because of per country limits on issuance of visas, citizens of certain countries have to wait much longer compared to others. The waiting times for all 4 preference categories are available in the Visa Bulletin which is updated by US Department of State monthly. Family based immigration gives an opportunity to US citizens and permanent residents to bring their family members to US. However, US citizens and permanent residents must keep in mind that in many cases they might have to wait for years until their family members will be admitted to US. Speak to a Glendale immigration lawyer from KAASS LAW for a free consultation. We speak English, Spanish, Armenian, Russian, French, and Italian.
Requirements for obtaining L-1 visa status are:
Before being transferred to the U.S. company with an L-1 visa, the employee must have completed one continuous year of work outside the U.S. with the overseas company. However, if an employee works in the U.S. during that year, he or she will need to equally work for the overseas company in order to obtain a total of at least 12 months employment overseas.
The overseas company that the employee works for during the required period of one year must be related, such that it must be the same employer, subsidiary, or affiliate of the U.S. company. To prove the amount of time worked, the employee may include pay stubs, payroll records, or tax records.
In order for the company to be a qualifying organization, it must be doing regular, systematic, and continuous business in the U.S. and another country during the entire duration of the transfer.
The transferee must fill in at least one of the following three capacities: executive, manager, or specialized knowledge. There is no requirement for the employee being transferred to the U.S. to perform the same services as he or she did overseas; they may be employed in a different capacity in the U.S. For example, an individual with specialized knowledge overseas may be transferred to work in the U.S. as a manager. The same is possible with an employee working as a manager overseas and being transferred to the U.S. as an employee. Provided that the position held by the employee was for a period of one year before transferring with an L-1 visa.
As explained above, the employee must not fill in the same position as he or she did overseas. However, the employee must be working in a capacity involving duties of an executive, manager, or specialized knowledge personnel.
The employee must be qualified for the position he or she is transferring to occupy. United States Citizenship and Immigration Services (USCIS) require proof of such qualifications by showing prior education and experience. This proof must be presented with the L-1 petition.
The employee must intend to depart the U.S. after the completion of his authorized stay. However, an L-1 employee can seek permanent residency in the U.S. if he qualifies on another basis.
An individual, entering the United States in L-1 status, will stay for the time required by the U.S. company, up to three years maximum. However, up to two years of extension can be authorized in increments. A maximum stay for managers and executives (L-1A) is seven years, where as for specialized knowledge personnel (L-1B), it’s five years. An employee with specialized knowledge may later qualify for a managerial or executive position within the U.S. company only if the specialized knowledge employee has been performing managerial or executive duties for six months before requesting an extension of stay beyond what is permitted for the specialized knowledge employee, which is five-years. This distinction is important for two reasons. First, to determine the duration of the transferee’s stay. Second, because managers and executives have a potential route to obtaining permanent residency in the U.S.
Under L-2 nonimmigrant category, family members of the L-1 nonimmigrant are permitted to enter the United States. Family members only include the visa holder’s spouse or unmarried children under the age of 21. However, once children reach the age of 21, they may no longer remain in the U.S. The duration period for family members is the same as that of which the main working family member is admitted. Family members admitted in the L-2 nonimmigrant category may now be authorized to work and study while remaining in the U.S. Give us a call, our attorneys speak English, French, Spanish, Russian, Armenian, and Italian. KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.