The bond between the United States and the United Kingdom is understatedly deep, with the two nations bound in historical relationships, close economic ties, and abundant travel between Americans and British nationals. Although many UK residents aspire to live, work, or invest in the United States, moving from the UK to the US is a notoriously cumbersome process. It is an arduous journey that domesticizes a labyrinth of federal laws, pinpointed documentation conditions, and protracted processing times susceptible to U.S. Citizenship and Immigration Services and the Department of State. This is when the US immigration lawyer in the UK proves to be the most vital.
The unique position of a US immigration lawyer in the UK
A US immigration lawyer operating in the UK holds a peculiar cross-border function. Such attorneys are authorized to apply US federal law and specialize specifically in the area of US immigration law. Importantly, because of federal US immigration law, a licensed lawyer in any US state has the power to exercise it anywhere, including outside the United States. Nonetheless, a lawyer who decides to open a practice in any of the major UK cities, including London, provides the UK-based consumers with some specific benefits:
Geographic availability: immigration lawyers offer British individuals, residents, and companies counseling and services in a time zone and location. This means that such lawyers can often have a physical meeting and provide the necessary paperwork without worrying about a 5- to 8-hour time difference. Indeed, much of the consultation and work can be done remotely, but in-person meetings and actual paper delivery can be crucial at times.
Understanding the UK context: immigration lawyers are suitably positioned to learn the financial, legal, and cultural context of the UK-based candidate. This covers not only knowing which UK-based papers to apply with your USCIS submission, but also how to handle withdrawal at the US Embassy in London or translate your post-doctoral study at LSE into the language of expertise and expertise recognized by the USCIS.
Dual awareness: while they do have UK law facts, being close to the UK legal climate can be relevant when coordinating dual-status challenges or when facing elements of UK jurisprudence that may affect a client’s US-based application.
Non-Immigrant Visas (Temporary Stay)
These visas are necessary for temporary but specifically defined stays and are paramount for British citizens who want to work, study, or conduct business in the US. Naturally, the lawyer is responsible for ensuring that the employer’s or applicant’s petition complies with all the requirements and is filed in a way that prevents it from getting rejected. Additionally, the non-immigrant visas that an attorney might work with include the following:
Work visas, which would include the population H-1B specialty occupations, L-1 intra-company transferee for managers, executives, or specialized knowledge workers moving from a UK office to a US one, and E-2 first investments at risk, in which the lawyer would help the client to structure the investment in business and operational plans that demonstrate enterprise “active and substantial”. The latter is especially important, as “substantial investment” means that an investor must make a lawful and significant contribution of capital;
O-1 visas an individual with Extraordinary Ability in the sciences, arts, education, business, or athletics require a vast amount of documentation proving national or international acclaim, which falls on the lawyer due to the amount that must be prepared;
K-1 visas, or Fiancé (e) Visas, are fundamentally crucial for binational partners who have planned their marriage in the US.
Visitor Visas: These include the most intricate visitor questions, where the UK national has a prior criminal caution or a significant history of lengthy stays, which may complicate EP eligibility and ESTA use.
There are three types of visas, all known as immigrant visas, Permanent Residency. It is crucial to communicate with a lawyer during the Permanent Residency process due to the complexity of these areas of U.S. immigration law. Permanent Residency, Green Cards.
Family-Based Immigration.
Helping satisfied U.S. citizens or Lawful Permanent Residents sponsor their satisfied UK-based relatives. This may include a variety of preference categories and lengthy waiting periods. Employment-Based Green Cards. EB-1 Extraordinary Ability, Outstanding Researchers/Professors/multinational executives, or 5 EB-2 Advanced Degrees/exceptional ability/EB-3 skilled workers, etc,a lawyer often deals with. The PERM Labor Certification process of the US employer must demonstrate that there are no American workers who can perform the profession.
The attorney’s experience is a critical aspect of this essential path for wealthy UK nationals. Immigrant Visas Key Challenges and Lawyer Qualifications: The most challenging aspect of US immigration is the constant flux of federal laws and rules, and regulations. One of the benchnotes covers the laws and rules of the USCIS and the policies of the DOJ.
Choosing the Right Professional: The User must be cautious when selecting a US immigration professional. It’s important to double-check their credentials: US Bar Membership; They should be a bar member in the Bar of any of the U.S states, such as New York, California, Texas. Only a limited number of non-attorneys authorized by the Department of Justice may give legal advice on U.S. immigration.
Action from the client
These risks underline the importance of hiring a qualified US immigration lawyer if you are in the United Kingdom. An inadequate lawyer may put you in undesirable situations, as receiving an RFE may lead to unnecessary delays, denial of the visa application, or undue costs. AILA membership should indicate that a lawyer is committed to US immigration law changes and updates, and that they can specialize in the immigration law subfield. A UK client can choose from a pool of vetted professionals and avoid making unnecessary trips and decisions. Therefore, it is in the client’s best interest to hire a US immigration lawyer.
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