Our attorneys are more than just lawyers. They are dedicated members of the community. We are both actively involved in the Hispanic Community in the Greater Salt Lake Area. Our lives are irreversibly intertwined with the immigrant culture of Utah and the United States as a whole. We know what it means to each person and each family when an Immigration Attorney is needed. We are here for you, dedicated to your success and prosperity.
We have more than 10 years of combined experience in U.S. Immigration Law. Our experience extends to the practice of Immigration Law in almost every state and the representation of clients from all over the world. We have appeared before immigration judges in 3 states including Utah, California, and Washington.
Our clients trust us because we listen, we are honest, and we are straightforward about your situation. Many times, lawyers will give you the answer you want to hear in hopes of you hiring them. We never do that. We always give you your options directly and honestly. If you have received several different answers from other attorneys, call us. We will get to the bottom of your case and tell you what you really need to know.
We offer flexible interest-free payment plans to suit your budget. We accept most major credit cards. We offer automatic payments to give you one less thing to worry about every month. Our goal is to help you achieve your dreams. We want to see you and your family thrive in the United States. We also offer large discounts when paying up front or with cash.
Many lawyers forget that their true purpose is to serve their clients. There is no confusion here. Our number one priority is you and your family. It is our greatest pleasure when our clients achieve their dreams. This law firm is about helping people.
Also known as DREAMers, children who arrived in the United States prior to their 15th birthday, have resided in the United States continuously since June 15, 2007, were under age 31 before June 15, 2012, graduated or are enrolled in high school, and have no significant criminal history are eligible to remain in the United States under a program created by executive order of President Barack Obama. This program grants a work permit, social security number, and deferment of any deportation proceedings for two years. It must be renewed every two years in order to maintain the benefit.
This program was only recently created by President Obama in December 2014. Among other expansions of U.S. Immigration procedures, it grants parents of U.S. Citizen or Lawful Permanent Resident children the ability to stay in the United States for renewable 3 year intervals. It will allow parents to provide for their children by granting them a work permit and social security number. Procedures are expected to be in place and ready by March or April 2015.
Often, if you have a family member who is a Lawful Permanent Resident (Green Card Holder) or a United States Citizen, you may be eligible for some type of immigration benefit. Our experienced attorneys can analyze your case to determine your eligibility.
In June 2013, the U.S. Supreme Court overturned the Federal Defense of Marriage Act (DOMA). This ruling established that under Federal Law, same-sex couples could not be treated any differently than opposite-sex couples. Since that time, thousands of families have been united and enjoyed protection under federal law. Isabel and Mark were some of the first attorneys in the nation to apply on behalf of these newly eligible couples and families. We have since filed hundreds of petitions on behalf of same-sex couples.
A family member, or even sometimes an employer, can petition to adjust the status of a person living inside of the United States. These family members are most often parents of unmarried children under 21, children over 21 years of age, and spouses. Other family members can file petitions depending on circumstances.
This visa gives authorization for the United States Citizen to bring his or her fiance(e) to the United States in order to get married. Once married, a petition for Adjustment of Status is filed in order to obtain a Green Card for the foreign national.
This visa allows a United States Citizen to bring his or her spouse to the United States even though they are already married. Once the visa is approved, the foreign spouse can enter the United States in order to complete the Adjustment of Status (Green Card) process.
The unique factors in distinguishing between Lawful Permanent Residents and United States Citizens can cause very serious pitfalls for the inexperienced. It is very important to seek out the assistance of an experienced attorney when attempting to navigate these procedures. We have handled hundreds of cases for Lawful Permanent Residents and know what to look for when analyzing a case.
Many victims of domestic violence and abusive relationships believe they must stay with their spouse in order to successfully complete the green card process. This is not true. There is a waiver of the joint filing requirement to remove the condition on a Green Card when the spouse can demonstrate physical, mental or emotional abuse.
Victims of domestic violence and abuse can also seek stand alone status in the United States. Under VAWA, many people who might otherwise be ineligible may seek permanent resident status in the United States.
Without being born to a United States Citizen or in the United States, citizenship is only directly available to those who have been Lawful Permanent Residents (Green Card Holders). Those who have held a Green Card for 5 years are eligible to naturalize. Green Card holders who obtained their residency through marriage must only wait 3 years to naturalize.
If you are or have ever been unlawfully present in the United States, you may have a bar of admissibility on your immigration record. It is imperative that you seek the advice of an experienced immigration attorney prior to entering or leaving the country. You may be eligible to waive your inadmissibility to either remain or reenter the United States.
This type of waiver exists to permit those who have left the United States and have a bar to admissibility to reenter. In order to do so, the foreign national must prove that a U.S. citizen child, parent, or spouse would suffer extreme hardship if they were not permitted to reenter the United States. Our experienced attorneys have handled hundreds of these cases.
This waiver serves those who are currently inside of the United States. Prior to March, 2013, a person who was unlawfully present in the United States was required to leave and wait outside the country for the processing of the waiver. This is no longer the case. If the unlawfully present person is able to demonstrate that a U.S. citizen child, parent, or spouse would suffer extreme hardship if she or he were forced to depart the United States, they may be eligible for a waiver to remain here lawfully.
Having a family member detained by ICE and sent to immigration court can be the most stressful thing in anyone's life. We are here to help. If you or someone you know is detained it is VERY IMPORTANT that they not sign anything. You have options. The detained person could be released with a work permit while the case carries on. Other cases can lead to Lawful Permanent Residency (Green Card) or Asylum. The first thing you should do is call our office so that we can do everything in our power to stop the deportation.
A yearly limit of approximately 140,000 employment-based immigrant visas are made available by the United States Government. Certain visas allow for derivative visas for spouses and children. These visa types are divided into five preference categories.
Priority workers in this category do not require a Labor Certification prior to the filing of their I-140 through their employer. This category is divided into three subcategories: Persons with Extraordinary Ability, Outstanding Professors and Researchers, Multinational Managers or Executives. Our office has extensive experience with these types of visas. If you believe you may be eligible for this category, we would be delighted to explain the details of the process.
This category must generally have a Labor Certification approved by the Department of Labor. There is an exemption to this certification known as a National Interest Waiver which allows the a self petition under certain circumstances. This category only applies to professionals holding degrees beyond the baccalaureate level. The professional must also have at least five years of progressive experience in the field. The Persons of Exceptional Ability requirement means having a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. Eligibility for this category can be tricky to determine. Our experienced attorneys are here to help you analyze and petition for E2 Employment-Based Immigrant Visas.
Applicants in this category must have an approved petition by an employer and a U.S. Department of Labor Certification. The subgroups in this preference category include:
Petitioners in this category must also have a petition by an employer and Labor Certification approved. This category has a very large number of subgroups:
Immigrant Investor visa categories are for capital investment by foreign investors in new commercial enterprises in the United States which provide job creation. This category has several subgroups. Depending on your business and investment plans and the amount of capital you have available. We are very experienced in this type of visa. Our firm can give you the advice you need to obtain your visa as quickly and painlessly as possible.
These visas are available to citizens of treaty countries who are seeking to carry out substantial trade in the United States.
This is a nonimmigrant visa that permits foreign investors from treaty countries to work, travel, and invest in the United States.
This visa permits those who are willing to invest a minimum of $500,000 in the U.S. to create or preserve at least 10 jobs to gain immediate entry into the United States.
Our firm represents employers and employees from around the world in order to bring workers to the United States. Our experience includes representation of multinational organizations, small business, and entertainers.
A limited number of first time H-1Bs are issued each year. They are usually issued in three-year increments, with a standard maximum duration of six years. There are provisions to allow for extensions beyond the six year duration based on an individual being the beneficiary of an employment-based permanent resident (green card) case that meets certain qualifications.
Positions that are generally considered specialty occupations are: accountants, computer programmers, dietitians, graphic designers, industrial designers, journalists, researchers, scientists, teachers, and physicians.
Requirements include a job offer from a US employer that requires a bachelor’s degree or equivalent in a field of specialized knowledge. The prospective employee must possess the minimum of a bachelor’s degree or its equivalent. The employer must pay a salary commensurate with the higher of the prevailing wage rate for persons in that occupation and geographic location, or the actual wage paid by the company for the position.
Owners and key employees of businesses that conduct a substantial volume of trade between the US and the home country may qualify as treaty traders (E-1). Where a substantial amount of capital has been invested in the US and jobs have been or will be created for US workers the treaty investor (E-2) category may be appropriate. To qualify, the home country must have a treaty with the US. Some treaties enable only E-1s, or only E-2s, while others provide for both categories.
The L-1 visa is for an intra-company transferee. To qualify, the transferee must be a person who worked for a company abroad in an executive, managerial, or “specialized knowledge” capacity for at least one continuous year within the three years prior to coming to the US. Further, the company abroad must be related to the US company (parent, subsidiary, affiliate, or branch). The maximum stay is seven years for managers and executives and five years for specialized-knowledge employees.
The TN category is a potential option for professional citizens of Canada and Mexico. There is no numerical limit or cap on the number of TNs that may be issued. The applicants must possess specific degrees and licenses, appropriate to the particular profession. With the exception of management consultants, all TNs must have job offers from US employers.
TNs may be granted in three-year increments, without any maximum limit. There is no initial filing with the USCIS. The applications are made either at the port of entry for Canadians or at the US consulate for Mexicans.
The H-2B category is for employment that is purely temporary. The employment must be one-time, seasonal, peak-load, or intermittent. The employer’s need must be for no more than ten months in any year. These visas typically are used in industries such as forestry, seafood processing, resorts, and landscaping. There is an annual limit of 66,000, but some persons who have previously held H-2B status are cap exempt.
The employer must obtain a temporary labor certification from the Department of Labor (DOL). This requires recruitment efforts to attempt to locate qualified US workers. It is possible, and far more efficient, to obtain approvals for multiple beneficiaries on one labor certification and one H-2B petition.
Other temporary, employment-based visas are also available for persons of extraordinary ability in the arts, sciences, education, business, or athletics (O-1/O-2); athletes and entertainers (P); religious workers (R-1); and family members of the aforementioned categories.
Isabel Cueva is a U.S. Immigration Lawyer who represents both individuals and corporations in all 50 states and around the world. She specializes in deportation defense, family visas, waivers, and employment-based visas.
Born in Guadalajara, Mexico, Ms. Cueva is a first generation immigrant who migrated to the U.S. when she was eight years old. She received her Bachelor's degree from the University of Utah where she was awarded the Larry H. and Gail Miller Enrichment Scholarship for her entire undergraduate career. Ms. Cueva graduated Magna Cum Laude and with honors from the Psi Chi National Honors Society and PHI KAPPA PHI Honors Society.
She received her Juris Doctorate degree from the reputable S.J. Quinney College of Law at the University of Utah. As a student she clerked for the Honorable William Nixon in the United States Executive Office for Immigration Review in Salt Lake City, Utah. Upon graduating Ms. Cueva practiced immigration law in Seattle and in British Columbia, where she gained a reputation handling highly complex cases. Ms. Cueva was recruited by a national law firm in Orange County, California to start an immigration division. She spent two years in California, and then moved to her native Utah to start her own law firm.
The fulfillment of helping her clients successfully navigate through the complex legal system of Immigration Law drives Isabel forward. Her fluency in Spanish and in Hispanic culture allows her to meet the unique language and cultural needs of her clientele.
She is a member of the Washington State Bar Association and the American Immigration Lawyer's Association and is licensed to practice law in the State of Washington. Due to the federal nature of U.S. immigration law, Ms. Cueva is able to represent clients nationwide.
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Salt Lake City, UT 84106
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