Each day, immigrants from all over the world pursue the dream of American citizenship. Unfortunately, many immigrants lose their opportunity for U.S. citizenship because they lack proper legal representation.

Immigration, citizenship and nationality are increasingly complex and dynamic areas of law. Only dedicated and experienced professionals can be expected to keep up with the demands of guiding clients through this ever-changing environment. As an experienced San Francisco Immigration Attorney, I focus my practice on immigration matters and represent individuals, families and businesses before Immigration Judges, Board of Immigration Appeals, District Court and United States Circuit Courts.

Although my office is located in San Francisco, I am qualified to represent all immigration clients in all visa applications throughout the United States and in U.S. consular processing throughout the world, including cases involving the following agencies:

• USCIS - U.S. Citizenship and Immigration Services
• ICE - U.S. Immigration and Customs Enforcement
• CBP - U.S. Customs and Border Protection

As a skilled San Francisco Immigration Attorney, I possess a thorough understanding of immigration law and handle a variety of cases governed by USCIS including:

• Family-Based Immigration Cases/ Marriage, Fiancé (K-1, K-3)
  
• Employment-Based Immigrant Visas and I-9 Compliance
• E, H, J, F, I, L, O, P, Q, R and TN Temporary Visas
  
• National Interest Waivers (J-1) and Inadmissibility
  
• Naturalization/Citizenship and Appeals
  
• Applications for Adjustment of Status
• T.P.S. (Temporary Protected Status)
• Battered Spouse Petition
• Consular Processing
• Board of Immigration Appeals
• Federal Court Litigation
• Political Asylum
• Waivers of Inadmissibility
• I-130 Petition
• Labor Certification/PERM

My Firm works in partnership with individuals and corporations in helping them realize their immigration-related goals.

The Law Offices of Fariba Faiz stands for excellence, success, and expertise in the field of immigration law. Our reputation is grounded in the history and quality of our work. Located in the cosmopolitan, culturally rich San Francisco Bay Area, which houses some of the finest educational facilities in the nation, the Law Offices of Fariba Faiz is much like the Bay Area itself: diverse and multifaceted.

My Firm has handled numerous cases for fine artists, architects, animators and musicians, as we consider the arts as a valuable profession. We equally honor and support scientists, researchers, academicians and high-tech professionals and have had tremendous success and a proven track record in handling cases for such professions. Located in close proximity to Sacramento and the Silicon Valley, also famed for their high-tech industries, we fully assist with immigration cases for both individuals and businesses, start-ups, and established firms.

Our offices provide a full range of immigration support services with a focus on business immigration and family-based immigration petitions and naturalization matters. We provide on-site consultation to employers and human resources professionals in connection with U.S. Department of Labor and USCIS regulations as well as I-9 compliance matters. Our range of temporary business visa services includes H, J, I, E, F, L, O, P, Q, R, and TN visa types.

If you or someone you know in the Bay Area or worldwide needs the assistance of an experienced San Francisco Immigration Attorney, call Fariba Faiz today at 866-435-5842, or complete the contact form provided on this site to schedule your initial free consultation.

Practice Areas and Legal Definitions

Family-Based Visas:
Fathers, daughters, mothers, sons, fiancés and other relatives can enter the United States with either an immigrant or non-immigrant visa. There are many options that are available. Parents, spouses and unmarried children under 21 years of age of U.S. Citizens are considered immediate relatives and are not placed under a quota system. The others are placed into preference order which determines who is given priority entry into the United States:

• First Preference: Unmarried, adult (21 years of age or older) sons and daughters of U.S. citizens.
• Second Preference: Spouses of lawful permanent residents and the unmarried sons and daughters of lawful permanent residents.
• Third Preference: Married sons and daughters of U.S. citizens.
• Fourth Preference: Brothers and sisters of adult U.S. citizens.

This process can take a very long time (several years) depending upon the preference ranking. The most current online visa bulletin will give those who are waiting an idea of how long they must wait for their immigration application or green card to be granted.

Fiancée Visas:
For those seeking to bring a fiancé or fiancée to the United States, a K-1 visa application will allow the fiancé (e) to enter the United States. Both parties must be unmarried, legally divorced or annulled, or widowed. The marriage must take place within 90 days of entry into the United States.

Employment Authorization:
U.S. employers must check to make sure all employees, regardless of citizenship or national origin, are allowed to work in the United States. If you are not a citizen or a lawful permanent resident, you may need to apply for an Employment Authorization Document (EAD) to prove you may work in the United States.

USCIS issues Employment Authorization Documents (EAD) in the following categories:

• EAD: This document proves you are allowed to work in the United States.
• Renewal EAD: You should apply for a renewal EAD six months before your original EAD expires.
• Replacement EAD: This document replaces a lost, stolen or mutilated EAD. A replacement EAD also replaces an EAD that was issued with incorrect information, such as a misspelled name.
• Interim EAD: If USCIS does not approve or deny your EAD application within 90 days (within 30 days for an asylum applicant; note: asylum applicants are eligible to file for EADs only after waiting 150 days from the date they filed their properly completed original asylum applications), you may request an interim EAD document.
• The specific categories that require an Employment Authorization Document include (but are not limited to) asylees and asylum seekers; refugees; students seeking particular types of employment; applicants to adjust to permanent residence status; people in or applying for temporary protected status; fiancés of American citizens; and dependents of foreign government officials. Please see Form I-765 (Application for Employment Authorization) for a complete list of the categories of people who must apply for an Employment Authorization Document to be able to work in the United States.
• If you are a U.S. citizen, you do not need an Employment Authorization Document.
• If you are a lawful permanent resident or a conditional permanent resident, you do not need an Employment Authorization Document. Your Alien Registration Card proves that you may work in the United States.
• If you are authorized to work for a specific employer, such as a foreign government, you do not need an Employment Authorization Document. Your passport and your Form I-94 (Arrival-Departure Record) prove that you may work in the United States. Please see 8 CFR 274a.12(b), which provides a full list of the categories of people who do not need to apply for an EAD.

B-1 Visitor for Business:
This visa allows a foreign national to enter the U.S. to conduct business associated with international trade or commerce. However, this visa does not authorize employment in the United States.

E-1 Treaty Trader/ E-2 Treaty Investor:
This category is available to citizens of countries which have a treaty of trade and commerce with the U.S. An E-1 Trader is required to conduct "substantial" trade between his or her country and the United States. Likewise, an E-2 Investor must make a "substantial" investment in the U.S. In addition, some key employees who are nationals of the treaty country may be eligible for E status. For this category, there is no maximum period of stay.

H-1B1 Temporary Workers:
This status is available to foreign nationals who have attained at least a baccalaureate degree (or its equivalent), and are working in a specialty occupation which requires the degree as the minimum for entry into the field. The employment is "employer-specific." The petitioning employer must file attestations with the U.S. Department of Labor, including an attestation that the salary offered is at least the prevailing wage for the position. Foreign nationals with an H-1B1 Visa are allowed to remain in the United States for a period of six years.

H-3 Trainees:
The H-3 Visa is available to foreign nationals who will be trained by an American employer, as long as the training is not designed to provide productive employment. The visa allows a stay of two years.

L-1A/L-1B Intra-company Transferees:
These visas are available to employees of international companies who have worked abroad for a related company for at least one year in the three years immediately preceding the filing of the application. The L-1A classification is available to managers or executives for a stay of up to seven years; L-1B classification is available to employees with specialized knowledge; they may remain in the United States for five years.

TN NAFTA:
This classification is available to qualified workers from Canada and Mexico entering the United States to work in fields designated in the NAFTA Treaty. The TN worker must have the intent to remain only temporarily in the U.S. The visa allows stays of up to one year.

Labor Certification:
A "labor certification" is a determination by the U.S. Department of Labor that there are no available and qualified American workers for a position being offered, and that the employment of a foreign national will not adversely affect the wages and working conditions of U.S. workers. The process is somewhat lengthy and the employer must conduct a supervised recruitment with a state employment service in order to test the labor market. Generally, the foreign national is in a valid nonimmigrant status during this process, unless he or she is abroad.

Temporary Protected Status:
Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of designated countries (or parts thereof). In 1990, as part of the Immigration Act of 1990 (“IMMACT”), P.L. 101-649, Congress established a procedure by which the Attorney General may provide TPS to aliens in the United States who are temporarily unable to safely return to their home country because of ongoing armed conflict, an environmental disaster, or other extraordinary and temporary conditions. On March 1, 2003, pursuant to the Homeland Security Act of 2002, Public Law 107-296, the authority to designate a country (or part thereof) for TPS, and to extend and terminate TPS designations, was transferred from the Attorney General to the Secretary of Homeland Security. At the same time, responsibility for administering the TPS program was transferred from the former Immigration and Naturalization Service (Service) to U.S. Citizenship and Immigration Services (USCIS), a component of the Department of Homeland Security (DHS).

During the period for which a country has been designated for TPS, TPS beneficiaries may remain in the United States and may obtain work authorization. However, TPS does not lead to permanent resident status.  When the Secretary terminates a TPS designation, beneficiaries revert to the same immigration status they maintained before TPS (unless that status had since expired or been terminated) or to any other status they may have acquired while registered for TPS. Accordingly, if an alien had unlawful status prior to receiving TPS and did not obtain any status during the TPS designation, the alien reverts to unlawful status upon the termination of that TPS designation.

Naturalization:
Naturalization is the process by which a foreign person becomes a U.S. citizen. Almost everyone who goes through naturalization must first have held a green card for several years. A naturalized U.S. citizen has virtually the same rights as a native-born American citizen.

Naturalization is the process by which U.S. citizenship is conferred upon a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA). The general requirements for administrative naturalization include:

• a period of continuous residence and physical presence in the United States;
• residence in a particular USCIS District prior to filing;
• an ability to read, write and speak English;
• a knowledge and understanding of U.S. history and government;
• good moral character;
• attachment to the principles of the U.S. Constitution; and,
• favorable disposition toward the United States.

All naturalization applicants must demonstrate good moral character, attachment and favorable disposition. The other naturalization requirements may be modified or waived for certain applicants, such as spouses of U.S. citizens.

Permanent Resident:
A Permanent Resident is an alien admitted to the United States as a lawful permanent resident. Permanent residents are also commonly referred to as immigrants; however, the Immigration and Nationality Act (INA) broadly defines an immigrant as any alien in the United States, except one legally admitted under specific nonimmigrant categories (INA section 101(a) (15)). An illegal alien who entered the United States without inspection, for example, would be strictly defined as an immigrant under the INA, but is not a permanent resident alien. Lawful permanent residents are legally accorded the privilege of residing permanently in the United States. They may be issued immigrant visas by the Department of State overseas or adjusted to permanent resident status by U.S. Citizenship and Immigration Services in the United States.

Consular Processing:
If an individual is in another country, he or she may apply for a visa or green card in the U.S. embassy of his or her home country. I am able to facilitate all of the paperwork and applications and contact the consular officers to facilitate approval of the application.

Board of Immigration Appeals/Federal Court Litigation:
The Board of Immigration Appeals (BIA or Board) is the highest administrative body for interpreting and applying immigration laws. The Board has been given nationwide jurisdiction to hear appeals from certain decisions rendered by Immigration Judges and by District Directors of the Department of Homeland Security (DHS) in a wide variety of proceedings in which the Government of the United States is one party and the other party is either an alien, a citizen or a business. In addition, the Board is responsible for the recognition of organizations and accreditation of representatives requesting permission to practice before DHS, the Immigration Courts and the Board.

Decisions of the Board are binding on all DHS officers and Immigration Judges unless modified or overruled by the Attorney General or a Federal court. All Board decisions are subject to judicial review in the Federal courts. The majority of appeals reaching the Board involve orders of removal and applications for relief from removal. Other cases before the Board include the exclusion of aliens applying for admission to the United States, petitions to classify the status of alien relatives for the issuance of preference immigrant visas, fines imposed upon carriers for the violation of immigration laws, and motions for reopening and reconsideration of decisions previously rendered.

While most immigration matters involve administrative court proceedings at the US Immigration Courts and the Board of Immigration Appeals, federal courts such as the Court of Appeals and the U.S. District Courts have jurisdiction over very significant immigration matters.

Political Asylum:
Political Asylum may be granted to people who are already in the United States and are unwilling or unable to return to their home country because of persecution or a well-founded fear or persecution on account of race, religion, nationality, membership in a particular social group or political opinion. As of 1996, persons in the United States have one calendar year to apply for political asylum, unless the conditions of the country of persecution change or there are exceptional circumstances.

Waivers of Inadmissibility:
An Application for a Waiver of Inadmissibility is an application for legal entry to the United States made by an individual who is otherwise inadmissible on one or more grounds.  The application is submitted to U.S. Citizenship and Immigration Services (USCIS), a Bureau of the U.S. Department of Homeland Security (DHS).

I-130 Petition:
An I-130 is a Petition for Alien Relatives and it applies to mothers, fathers, sisters, brothers and children. Parents, spouses and unmarried children under 21 years of age of U.S. Citizens are considered immediate relatives and are not placed under a quota system. The others are placed into preference order which determines who is given priority entry into the United States:

• First preference: Unmarried adult (21 years of age or older) sons/daughters of US citizens
• Second preference: Spouses of lawful permanent residents and unmarried sons and daughters of lawful permanent residents
• Third preference: Married sons and daughters of U.S. citizens
• Fourth Preference: Brothers and sisters of adult U.S. citizens

This process can take a very long time (several years) depending upon the preference ranking. The most current online visa bulletin will give those who are waiting an idea of how long they must wait for their immigration application or green card to be granted.

Battered Spouse Petition:
Under the Violence Against Women Act (VAWA) passed by Congress in 1994, the spouses and children of United States citizens or lawful permanent residents (LPR) may self-petition to obtain lawful permanent residency. The immigration provisions of VAWA allow certain battered immigrants to file for immigration relief without the abuser's assistance or knowledge, in order to seek safety and independence from the abuser.

A VAWA self-petitioner files Form I-360, which replaces the Relative Petition (Form I-130) filed by the spouse. VAWA allows the immigrant to control the process instead of relying on the abusive United States citizen or Lawful Permanent Resident spouse. Any immigrant, male or female, is eligible to self-petition under VAWA if all of the following requirements are met:

• There is/was a good faith marriage between the immigrant and a United States citizen or Lawful Permanent Resident
• The marriage is/was legally valid
• There is/was abuse (physical, emotional, mental, psychological)
• There is/was joint residence
• The self-petitioner is a person of good moral character

If you or someone you know in the Bay Area or worldwide needs the assistance of an experienced San Francisco Immigration Attorney, call Fariba Faiz today at 866-435-5842, or complete the contact form provided on this site to schedule your initial free consultation.

If you or someone you know in the Bay Area or worldwide needs the assistance of an experienced San Francisco Immigration Attorney, call Fariba Faiz today at 866-435-5842, or complete the contact form provided on this site to schedule your initial free consultation.

ADDRESS OF THE FIRM:
Law Offices of Fariba Faiz
101 California Street, Suite 2450
San Francisco, CA 94111
Telephone: 866-435-5842
Fax: 415-358-4370

MEMBERS OF THE FIRM:

Fariba Faiz
Ms. Faiz's immigration practice focuses on business-based and family-based immigration as well as temporary work visas. In addition, Ms. Faiz provides consultation to potential investors or agents on matters including foreign direct investment in California and issues relating to compliance with the provisions of the USA PATRIOT ACT with respect to foreign investments and blocked transactions proscribed by the Office of Foreign Assets Control; site location analysis and transfer of foreign employees; California economic development incentives; California permit and regulatory processes and in-bound investment missions.

Ms. Faiz has written and advised on contemporary problems in international political economy including economic reforms in Eastern Europe, economic integration in Western Europe, impact of the Gulf crisis on the oil market and the development crisis in Sub-Saharan Africa.

Ms. Faiz has conducted negotiations on a global level. Specifically, she has served as lead negotiator and advisor in the Netherlands, Egypt, South Africa and Mexico, conducting talks on collaborative efforts on behalf of her clients with educational institutions such as the University of Pretoria, the Suez Canal University, American University of Cairo, various NGOs as well as international organizations including the World Health Organization.

From March 2000 to present Ms. Faiz has served as an advisor, a member of the Board of Directors and Executive Director for International Alliance In Service and Education (IASE) www.iaseco.org, a non-profit organization dedicated to promoting experiential learning in the area of education and health. In June 2003 Ms. Faiz completed negotitations for collaborative efforts and exchange on behalf of IASE with the University of Pretoria School of Medicine in South Africa. Said program commenced in July 2003 and continues to date.

EDUCATION:

• U.C. Berkeley, B.A., 1990
• Golden Gate University, M.A., 1994
• Southwestern Law School, J.D., 1997

JURISDICTIONS:

• California Supreme Court
• 9th Circuit U.S. Court of Appeals

PROFESSIONAL MEMBERSHIPS:

• Member, American Immigration Lawyers Association
• Advisory Panel Member, American Bar Association

FOREIGN LANGUAGES:

• Persian
• French