Immigration Law

Welcome to the Immigration Law Department at Benjamin, Yocum & Heather, LLC. At BY&H, we handle a wide variety of immigration and nationality matters, including: visa and work authorization applications; changes and adjustments of status; naturalization; and applications for asylum or refugee status. We also handle appeals. Our talented attorneys and staff speak Spanish, Russian, French and German.

At BY&H, we pride ourselves in giving our clients the personal attention they deserve. We understand that the practice of immigration law is about far more than merely interviewing clients, collecting documents and filing forms. It is about working hard to help our clients fulfill their goals and dreams. At BY&H, the client always comes first.

Chuck Hollis is the Chairman of BY&H’s Immigration Law Department. If you need assistance, please call him at (513) 721-5672, or e-mail him at cfhollis@byhlaw.com.

OUR SERVICES

At BY&H, we are ready and willing to help you, every step of the way, with your visa application, work authorization application, change or adjustment of status, application for naturalization, or petition for asylum or refugee status:

OTHER IMMIGRATION SERVICES

I. VISA APPLICATIONS

a. Temporary (Non-Immigrant) Visas

These visas include: A (diplomats); B-1 (visitors for business); B-2 (visitors for pleasure); C (transit); D (crewmen); E (treaty traders and treaty investors); F (students); G (officials and employees of international organizations); H (temporary workers); I (representatives of the media); J (exchange visitors); K (fiancées and fiancés); L (intra-company transferees); M (vocational students); N (parents and children of G-4s and certain NATO employees); O (artists & athletes of extraordinary ability, scientists, educators and businesspeople); P (outstanding artists and athletes); Q (international cultural exchanges); R (religious workers); S (informants in certain law enforcement matters); T (victims of severe human trafficking); U (victims of certain violent crimes); V (spouses or children of green card holders with petitions pending for three years); and TN (professionals from Canada and Mexico).

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b. Lawful Permanent Residency (Green Card)

1. Employment-based

In order to qualify for an employment-based immigrant (permanent) visa, the applicant must generally demonstrate either: (a) that he/she is one of the most talented workers within his/her field; or (b) that there are not enough U.S. workers available and qualified to fill the desired position.

2. Family-based

In order to qualify for a family-based immigrant visa, the applicant must be an “immediate relative” or belong to a “preference” category. “Immediate relatives” include: (1) spouses of U.S. citizens; (2) unmarried minor (under age 21) children of U.S. citizens; (3) parents of U.S. citizens over age 21; and (4) certain spouses of deceased U.S. citizens.

“Preference” categories are in the following order: (1) unmarried children (ages 21 or older) of U.S. citizens; (2) spouses or children of Green Card holders (2A) or unmarried children of Green Card holders (2B); (3) married children of U.S. citizens; and (4) brothers or sisters of U.S. citizens age 21 or older.

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II. WORK AUTHORIZATIONS

Contrary to popular belief, there is no single document constituting a “work permit”. U.S. citizens and Green Card holders are automatically authorized to work in the U.S. Additionally, certain temporary (non-immigrant) visa holders may work in the U.S. First however, they must apply for and receive a work authorization from the United States Citizenship and Immigration Services (“USCIS”).

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III. CHANGES AND ADJUSTMENT OF STATUS

a. Changes of Status

This involves changing from one temporary (non-immigrant) visa to another.

b. Adjustment of Status

This involves changing from a temporary (non-immigrant) visa to lawful permanent residency (Green Card).

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IV. NATURALIZATION

This is the way in which a lawful permanent resident (Green Card holder) becomes a U.S. citizen. In order for a Green Card holder to become a naturalized citizen, he or she must: (1) be lawfully admitted for permanent residence; (2) be at least 18 years of age; (3) satisfy certain “continuous residency” and “physical presence” requirements; (4) be of “good moral character”; (5) where required, be registered with the Selective Service; (6) take an oath of allegiance to the U.S.; and (7) pass a test on his or her ability to speak, read and write in English, U.S. history and the U.S. government.

V. APPLICATIONS FOR ASYLUM OR REFUGEE STATUS

In order to receive asylum or refugee status, you must demonstrate that you are unable or unwilling to return to your home country due to persecution or a well-founded fear of persecution based upon race, religion, nationality, membership in a social group, or political opinion.