Immigration Attorney Marina Andrei

Practice Areas

I have a lot of experience in a variety of practice areas. If you'd like to schedule a free consultation in English, Spanish, French or Romanian, please contact me or call me at (213) 915-6344.

Family-Based Immigration & Waivers
Green Cards for Spouse, Children, Parents and Siblings (Adjustment of Status, 245(i) Adjustment of Status), K-1 (Fiancé Visa), Green Cards through Consular Processing, U-Visa (Victims of Crime), Violence Against Women Act (VAWA), Immigrant Children (Special Immigrant Juveniles Status - SIJS), Deferred Action for Childhood Arrivals (DACA), 601 and 601A waivers, Naturalization (Citizenship)

Employment-Based Immigration & Work Visas
Change of Status, H-1B (employment visa), L-1 Visa (Intracompany Transfer), O-1 Visa and EB-1 Classification (Individuals with Extraordinary Abilities), P-Visa (Performers and Athletes), R-1 Visa (Religious Workers)

Investors & Entrepreneurs
E-1 and E-2 (Treaty Trade Investor Visas)

Deportation Defense
Temporary Protected Status (TPS), Asylum, Withholding of Removal and Convention Against Torture, Cancellation of Removal for Permanent Residents and Non-permanent Residents, Application for Waivers, or Adjustment of Status

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Adjustment of Status including Section 245(i)

Adjustment of Status is an immigration application filed for an immigrant who is within the United States and he is the beneficiary of an approved and current petition for "alien relative" (family-based petition), an approved I-140 petition (employer petition) or one year after he was granted asylum. The most important requirement to apply for adjustment of status is that the immigrant entered entered the country on a valid visa and was properly inspected prior to entry into the United States. While the application for adjustment of status is pending adjudication, you are entitle to apply for a work permit. You will be scheduled to appear for an interview with an immigration officer and upon successful completion of the interview, a green card will be issued. If you are not in the United States, you must go through consular processing at your nearest US Embassy.

SECTION 245(i) ADJUSTMENT OF STATUS
If you entered the country unlawfully, or failed to maintain a lawful status, you may be eligible to apply for a change of status under the Legal Immigration Family Equality Act. However, this LIFE Act also extends to a number of other immigrants who were previously ineligible for an adjustment of status. The 245(i) amendment essentially allows those who do not have lawful status, entered the country without an inspection, or violated a non-immigrant visa to apply for an adjustment of status. The person must meet other requirements to qualify for a green card, but the aforementioned issues will be overlooked with the payment of a $1000 penalty. So if you entered the United States unlawfully, worked in the U.S. Unlawfully, did not maintain a continuous lawful status, entered under the Visa Waiver Pilot program, entered as a foreign crewman, entered the U.S. as a foreign traveler without a visa and you were physically in the U.S. on December 21, 2000, and a labor certification application, or immigration petition was filed on your behalf on or prior to April 20, 2001and this application or petition was eligible for approval at the time of filing, you may apply for adjustment of status.

For more info, please schedule a free consultation or contact me.

Change of Status

A "change of status" occurs if a foreign national changes his or her main purpose for visiting the United States. For example, if you came to the United States as a visitor but then you decided to pursue an education at an American academy or university, then you will need to have your status changed from "tourist" to "student." There are two ways to do this. You can either apply directly to United States Citizenship & Immigration Services for a change of status, or you can leave the United States and reapply for a different visa that better serves your new travel purposes. There are many types of visas and the requirements are so diverse that is better to consult an attorney before you decide to apply for a change of status.

Requirements to change your nonimmigrant status:
• Lawfully admitted to the United States with a nonimmigrant visa
• Nonimmigrant status remains valid
• No violations of the conditions of your status
• No crimes committed that make you ineligible
• If you were admitted into the U.S. for business reasons in the B-1 visa category, you may remain in the U.S. for pleasure until your stay expires without applying for a change to your status. Similarly, you may attend school in the U.S. without applying for a change in status if you are the spouse or child of an individual with one of several eligible visas, including A, H, and F category visas.

Extending nonimmigrant status is available to nonimmigrants wanting to extend their stay or change to another nonimmigrant status, CNMI residents wishing to apply for initial grants of status, reinstatement for F and M nonimmigrants, individuals seeking V nonimmigrant status or an extension of stay in V status. If eligible for either changing or extending your nonimmigrant status, you may file the Form I-539 through the USCIS Electronic Immigration System, or you may send in a paper application by mail.

For more info, please schedule a free consultation or contact me.

601 & 601A Waivers

A 601A waiver is a form of request to the United States government to excuse the applicant's unlawful presence in the United States. The waiver is available for spouses and other immediate relatives of a U.S. citizen petitioner. So if you have a family petition filed on your behalf and approved but you entered unlawfully in the United States, you will need to file this waiver and prove hardship to the qualifying US Citizens relatives (your US Citizen or LPR wife and parents).

BE AWARE: 601A Waiver is different than 601 Waiver
A 601 waiver is a waiver for various grounds of inadmissibility, including unlawful presence, crime, fraud, and other grounds of inadmissibility. The 601 waiver covers more than the unlawful presence in the United States, therefore the applicant has to consult with an attorney and make sure that the waiver covers the specific ground of inadmissibility applicable to him/her. The 601A waiver covers only the unlawful presence and can be applied for while the applicant is in the United States. Only if the waiver is approved, the applicant can attend the consular interview at the post, outside of the United States. At the interview, the applicant will have the waiver approved to present to the officer. On the other hand, the 601 waiver can be filed after attending the consular interview for the immigrant visa, if the officer found you inadmissible on other grounds (unlawful presence, past criminal conduct, medical issues or a combination of the above). You need to file the waiver and meet the same standard of extreme hardship in order to get the immigrant visa granted.

Extreme hardship standard
If you apply for a 601A waiver you need to prove that if the waiver is not approved, your qualifying relative petitioner will suffer extreme hardship. The totality of factors are considered and you need to prepare a lot of documentation to sustain your request. You need to prove that the US Citizen relative will face extreme hardship living without you in the US or following you in the country of origin. Factors as financial difficulty, emotional distress are only an example.

Possible Outcomes
If the waiver is granted, you can move further and schedule the visa interview at the appropriate post, complying with the rest of the requirements indicated by the consulate or embassy. If the waiver is not granted, there is no appeal process, however, you can apply again. It is important to consult with an attorney and analyze the reasons of denial, especially if you have criminal history.

For more info, please schedule a free consultation or contact me.

H-1B VISA - Employment

The H1-B has to be filed by the employer on behalf of an employee once it has an approved Labor Certification Condition application from the Department of Labor. A Labor Certification Condition Application is completed online by the employer or employer's legal representative. The employer certifies, among other things, that the “H-1B nonimmigrant will be paid at least the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question or the prevailing wage level for the occupation in the area of employment, whichever is higher." The prevailing wage can be determined by submitting a prevailing wage request to the Department of Labor. The prevailing wage request will outline the position, its requirements, duties and responsibilities. The Department of Labor then responds with what it believes to be the "prevailing wage" for someone within that profession. The employer is obligated to pay the prevailing wage.

Requirements
In order for an employee to be eligible for an H-1B, the job and the employee's profession must be a specialty occupation. This has been defined as including, but not limited to, architects, engineers, lawyers, physicians, surgeons, and teachers, among others. Generally, an H-1B is reserved for individuals with specialty knowledge, as opposed to mere skill, and a bachelor's degree or its equivalent is required. Second, there must be an employer-employee relationship. An independent contractor, or someone merely working on a commission basis is not sufficient for an H-1B visa.

Generally, the employer, not the employee, must pay for most of the costs associated with an H-1B visa.

“Cap” for H-1B
There is a limited visa number assigned for H-1B visas and this is 65,000 visas per year. There are an additional 20,000 visas available for those with a master's degree. However, there are many employees and employers that may be cap-exempt. For example, hiring an individual who is currently on an H-1B visa is cap-exempt.

An H-1B visa may be approved for up to 3 years, but may not exceed the period of the validity of the Labor Certification Condition. With exceptions, an H-1B visa is valid for no more than six years.

For more info, please schedule a free consultation or contact me.

E-1 / E-2 VISA- Treaty Trade Investor

E-1 and E-2 treaty trade investor visas are reserved for foreign nationals who come from a country who has entered into a treaty trade agreement with the United States. Many countries have signed a treaty trade agreement with the United States. A full list of participating countries are listed on www.uscis.gov.

Requirements
To be eligible under this category, you must show that you are entering the United States to carry on substantial trade with the United States (E-1 visa), or, that you are entering the United States to make a substantial investment in a United States enterprise, and to oversee this investment (E-2 visa).

For an E-1 visa, you must be engaged in international trade between the United States and your home country. This can include trade in both goods and services. There is no monetary amount required for an E-1 visa, however, it must be proven that the trade is "substantial" and that the amount of trade ensures a continuous flow of international trade between the U.S. and the treaty country.

For an E-2 visa, you must either be in the process or actively in the process of investing in the United States. This means more than simply transferring money to a US bank account in the "hopes" of investing, and requires more than shopping for a potential investment. The applicant must prove that he is entering the United States, or has entered the United States, with a specific sum of money put "at risk." The term "at risk" is generally understood to mean that the capital is subject to total or partial loss if the investment fails. Both E-1 and E-2 visas require an intention to depart the United States once your work has finished. E-1 and E-2 applicants must prove that they intend to depart the United States. However, an E-2 investor may at a later time choose to engage in the PERM Labor Certification process to obtain permanent residency.

Special requirements for E-2 investors
The E-2 investor must manage the business and have a controlling interest in the enterprise. Although he or she is not required to own a majority of the business, he or she must have decision making authority and effective control of the business. Although there is no minimum investment required, generally, the investment must be substantial, taking into consideration the size of the enterprise. In short, the amount of the investment must be sufficient to demonstrate the investor's commitment to the business. Moreover, an E-2 visa must be accompanied with a business plan with a five year projection, among other documentation showing the source of the capital and how the capital is "at risk."

An E visa is valid for two years and is renewable so long as the enterprise is still functioning and the applicant is engaged in overseeing the business or trade.

For more info, please schedule a free consultation or contact me.

K-1 VISA

The purpose of a fiancé immigration visa is to get your fiancé/fiancée into the United States for marriage.
The requirements for a fiancé visa are:
• You are a U.S. citizen,
• You have met your intended spouse in person, and
•You both are legally able to marry.
Once your application is submitted, it will be forwarded to the National Visa Center and forwarded to the embassy indicated in the petition where your fiance will be interviewed. Once your fiancé arrives in the United States, you and your immigrant fiancé must marry within 90 days from the date he or she entered the United States. Otherwise, the visa will expire and the beneficiary of the fiancé must return to their country of origin.

For more info, please schedule a free consultation or contact me.

L-1 VISA - Intracompany Transfer

An L-1 visa allows a foreign entity to transfer an employee to a U.S. affiliate of the foreign company. The purpose of the L-1 visa is to allow key employees, such as executives, managers, or people with specialized knowledge to transfer to the U.S. affiliate of the foreign company.

L-1A: Employees who will perform managerial or executive duties in the United States should apply for an L-1A visa, which has a maximum visa validity of seven years. An L-1A allows for a period of stay for three years, and two extensions of two years each.

L-1B: Employees who have specialized knowledge should apply for an L-1B visa, which has a maximum validity of five years. The initial petition will grant three years of stay, with only one extension of two years. Spouses and children under 21 years of age are eligible to obtain employment authorization.

Requirements
The most important aspect is to show a qualifying relationship between the foreign company and the U.S. affiliate. Additionally, you must then show your prior duties in the capacity of an executive, manager or someone who has specialized knowledge and that you worked full time for the foreign company for at least one year in the past three years.

Qualifying Relationship
The foreign and U.S. companies must be either a parent, subsidiary, branch or affiliate. Joint ventures may also qualify so long as the joint venture is at least 50% owned, with veto power, by the sponsoring company. It is also possible to obtain L-1 status if the foreign company seeks to open a new office in the United States – this is an excellent way to expand your business into the U.S. market.

Qualifying Employment
Qualifying employment for purposes of an L-1 visa requires that the employee be employed by the foreign employer on a full time basis in a position as a manager, executive, or someone who has specialized knowledge. Most importantly, the employee must have worked for at least one year in the prior three years for the sponsoring company.

L-1A Manager
A manager is one who directs the activities and budgets of a department or the business and who has subordinate staff that reports to him or her. Generally, the common sense definition of a "manager" is used.

L-1A Executive
An executive is similar to a manager, but with greater responsibilities within the business. For example, the executive must have the power to make important decisions for the company. Again, a common sense definition of an "executive" is used. Specialized Knowledge" for an L-1B Generally, specialized knowledge is special knowledge of the company product and services or an advanced knowledge of process and procedures of the company.

L-1A advantages
The L-1A visa has some advantages over an L-1B visa: an L-1A may remain in the United States for up to seven years while an L-1B can only stay for five years, and obtaining permanent residency for an L-1A visa holder is easier. So long as the employee was a manager or executive for the foreign affiliate for at least one year, and the employee will continue being a manager or executive for the U.S. affiliate, he or she is eligible for the Employment Based First Preference (Eb-1) category. The L-1B, on the other hand, requires that the employee go through the PERM labor certification process.

Immigrant Entrepreneurs
The L-1 visa is an excellent option for entrepreneurs seeking to expand their business in the United States. Unlike the E-2 visa, no treaty trade agreement with your country of citizenship is required. Further, unlike the EB-5 visa, there is no minimum investment required in the United States.

For more info, please schedule a free consultation or contact me.

O-1 VISA and EB-1 Classification
Individuals with Extraordinary Abilities

Individuals with extraordinary abilities fall in two immigration categories. An alien with an extraordinary ability, and who has an employer or agent willing to petition for them, generally apply for an O-1 visa. An alien who does not have an employer to sponsor them, but believe they possess extraordinary abilities as defined by the USCIS, may self-petition under an employment-based first preference category - EB-1. Note that "EB-1" is not a visa, but an employment based classification. Although pursuing an O-1 visa or self-petitioning as an EB-1 are similar, they are not the same and each have their advantages and disadvantages.

Distinction between O-1 and EB-1
The fundamental difference between an O-1 visa and EB-1 classification is that an O-1 is for aliens seeking non-immigrant status, while EB-1 classification is for individuals seeking immigrant status. Unlike an O-1, the granting of an EB-1 classification will result in permanent residency. Many individuals first enter the United States as an O-1, then later self-petition as an EB-1. Alternatives may be to consider obtaining a National Interest Waiver and self-petition under the EB-2 classification. It is important to discuss your case with an experienced Irvine employment immigration attorney to determine which path is most appropriate for you.

O-1 VISA Requirements
To qualify for an O-1 visa, you must possess and prove to have an extraordinary ability in the arts, sciences, business, athletics, or education and are entering the United States to participate in an "event". Your extraordinary ability must be nationally or internationally recognized through well-recognized awards and publications. Further, your recognition must not be merely regional. For example, an award that is given to a foreign national by a foreign institution, which only awards nationals of that country, is not sufficient to demonstrate an extraordinary ability. Generally, there must be extensive documentation demonstrating your achievements. Further, your entry into the United States with an O-1 visa must be for the purpose of continuing work in your area of achievement. An O-1 visa is not appropriate for "freelancers" or for people seeking to enter the United States for speculative employment. "Extraordinary ability" is discussed in more detail below.

O-1 Process
An O-1 applicant cannot self-petition. He or she must use a U.S. agent to file in cases traditionally involving self-employment. Alternatively, an employer can also petition for the O-1 applicant. At a minimum, you should apply at least 45 days before your intended work commences, although it is recommended to apply six months before your start date.

O-1 visas are granted in one year increments for the same event. You may extend your status with a written explanation detailing the reason for your extension of stay. Note that O-1 visas are subject to the two-year foreign residency requirement.

B-1 Requirements
The EB-1 extraordinary ability classification is for people who are at the top of their field, have received international acclaim, and wish to enter the United States to work in their recognized field. Further, the applicant must prove that their entry will substantially benefit the United States.To be eligible, you must prove that you possess "extraordinary abilities" (see below)

Extraordinary Ability
You must be the recipient of a major internationally recognized award, or, in the alternative, prove that you satisfy at least three of the ten requirements listed below:
• Receipt of a lesser nationally or internationally recognized award
• Membership in an association requiring outstanding achievements
• Publication of your work in major publications or the media
• Serve as a judge on a panel related to your field
• Original contributions to your field that are of major significance
• Authorship of articles in professional journals or other media
• Work displayed in major artistic exhibitions
• Leading role for a reputable organization
• Receipt of a high salary.
• Commercial success in the arts.

Each category can be further broken down into subcategories. Basically, you must demonstrate that you are at the very top of your field and that you achieved international acclaim for your work.

For more info, please schedule a free consultation or contact me.

P VISA - Performers and Athletes

The P visa is reserved for performers, athletes and entertainers. P-1 status allows individuals who have earned international recognition to visit the United States temporarily to compete in athletic events, or to perform. The P visa is further divided into the P-2 category, reserved for reciprocal exchange entertainment groups. Finally, the P-3 visa is available for entertainment groups who provide culturally unique performances.

P Visa Requirements
The purpose of visiting the United States must be to participate in an event, competition, tour or performance. Generally, the duration of the P visa will be indicated by the contract that outlines your performance or participation in the United States. A P-1 petition can be filed by an employer, an organization, an agent, or a foreign employer through a US agent (a US agent may be either: the actual employer, the representative of both the employer and the beneficiary, a person or entity who has authorization from the employer to act for, or in place of the employer as its agent). A P-2 and P-3 petition may be filed by a US employer or sponsoring organization.

International Recognition
International recognition may be based on the achievements of an individual, athletic team, or entertainment group. Awards, past tournaments or concerts, newspaper articles, and other types of objective evidence are required.

Requirements for entertainers
The group must come to the United States for purposes engaging in entertainment. The group must have been established for at least one year and 75% of the entertainment group must have a sustained relationship with the group.

For more info, please schedule a free consultation or contact me.

R-1 VISA - Religious Workers

A "religious worker" visa is designed for foreign nationals who come to the United States to be employed as religious worker in the United States. You must work at least 20 hours per week for a non-profit religious organization, and you must have been affiliated with the religion for at least two years before coming to the United States. Dependents of the religious worker, such as spouse and children, are granted an R-2 visa. R-2 visa holders are not eligible for work authorization in the United States.

Non-profit Religious Organization
A non-profit religious organization should be given its common sense, ordinary meaning. The organization must be registered in the United States as a non-profit organization.

Religious Occupations
A religious worker is one whose life is primarily dedicated to the service of the religion. Ministers and missionaries, for example, would qualify. An R-1 visa is not appropriate for someone who wishes to work for a religious institution but whose job functions are clerical or administrative.

USCIS may grant R-1 status for an initial period of 30 months, after which an extension may be granted for another 30 months. The religious worker’s total period of stay cannot exceed five years.

Change or Adjustment of Status
Although an R-1 visa is a nonimmigrant visa, the R-1 visa holder can change their status to another nonimmigrant visa, or to adjust their status to permanent residency.

For more info, please schedule a free consultation or contact me.

Temporary Protected Status - TPS

Temporary Protected Status, also known as "TPS", creates a temporary safe place to stay in the United States for individuals from certain designated countries. TPS is different from asylum in that TPS is temporary, whereas the granting of asylum generally results in permanent residency. TPS is granted in statuses for 6 to 18 months and is renewable so long as the country conditions remain the same. An individual granted TPS is also granted work authorization in the United States during their stay. A person in TPS status may not be deported during the TPS period. Further, a person granted TPS can obtain permission to travel abroad, but generally cannot return to the country they seek protection from.

TPS Requirements
In order to be granted TPS, you must establish that you are a national of a TPS designated country. As of 2016, TPS countries include El Salvador, Guinea, Haiti, Honduras, Liberia, Nepal, Nicaragua, Sierra Leone, Somalia, Sudan, South Sudan, Syria and Yemen. Please note that the registration period for TPS has a start and end date, so it is important to consult an immigration attorney to determine if you are eligible to register under TPS.

Be aware, if you are eligible to apply for TPS and have a viable asylum claim, you should apply for both. If you did not register for TPS but applied for asylum, you are still eligible to apply for TPS if your asylum application is denied, even if the TPS registration period ended.

For more info, please schedule a free consultation or contact me.

U-Visa - Victims of Crime

Certain victims of crime and their immediate family are eligible for a U-visa no matter of their current immigration status. If you can show that you were a victim of a certain type of crime and you had cooperated with the police or other authorities, the U-visa can be granted to you even if you have prior criminal convictions or other grounds of inadmissibility, such as a visa overstay or unlawful entry. If the U-Visa is granted, it will allow you to live legally in the United States for four years. Once three years passes, you can apply for adjustment of status to obtain a green card, which will eventually lead to US citizenship. A U-visa will also give you and your immediate family members work authorization.

U-VISA Requirements
You must comply with the following requirements in order to apply:
• You must have been a victim of a crime that occurred in the United States
• You must have been physically or emotionally injured by the incident
• You must have cooperated with local, state, or federal law enforcement
• The agency that you cooperated with must be willing to certify that you cooperated with their agency.

For more info, please schedule a free consultation or contact me.

Violence Against Women Act - VAWA

Violence Against Women Act (VAWA) was created to protect victims of abuse who are not citizens of the United States. Although VAWA was designed to protect women in abusive relationships, men may also be eligible for VAWA protection. In cases of domestic violence (which covers a variety of abuses), certain victims of abuse who are not citizens may obtain lawful status without the need of their spouse or former spouse to petition for them so that the lawful status cannot be use as a toll of abuse.

VAWA Requirements
You must prove that you are a spouse, child, parent of an abused child, or parent who was physically abused by a U.S. citizen or permanent resident, spouse, parent or adult child. This abuse includes:
• Physical abuse
• Verbal Abuse
• Emotional Abuse
• Psychological Abuse
• Intimidation
• Economic Abuse
• Threats and Harassment
• Among other forms of abuse

It is not a required to have a police report. US immigration understands that many victims are fearful of authorities. Abused spouses must additionally prove that the marriage is bona fide, that the abuse occurred during the marriage, that the marriage is valid, or if there was a divorce, that the divorce occurred less than two years prior to filing under the VAWA.

Additionally, is must be showed that the abuse occurred in the United States and that the victim and abuser cohabited.

For more info, please schedule a free consultation or contact me.

Immigrant Children
Special Immigrant Juveniles - SIJS

Special Immigrant Juvenile Status (SIJS) is a procedure for granting certain immigrant children under the age of twenty-one lawful immigration status within the United States.

Special Immigrant Juvenile
A SIJ is an unmarried person under the age of 21, within the United States, who has been declared dependent on a juvenile court or state agency. Generally, a court must expressly find that reunification with either parent is not possible, either as a result of abuse or abandonment and that it is in the child's best interest to remain in the United States. Since it is only required that the child be shown to be abandoned or abused by one parent, not both, SIJs is a valid relief for undocumented or out-of-status children of single parents.

Procedure
In obtaining immigration benefits under the SIJS program, an immigration attorney must file a motion with a local probate court on behalf of the child. This motion requires that the child be considered "dependent" upon the court or other state agency. Once this motion is granted, the child can pursue their application with the USCIS to obtain lawful status. The court must maintain jurisdiction over the child while the application is processed by the USCIS.

For more info, please schedule a free consultation or contact me.

Deportation Defense

If you received a Notice to Appear before the Immigration Judge after being in criminal detention and transferred to ICE, after re-entering the United States or after being denied certain applications filed with USCIS, you are in removal proceedings. You will have to prepare your deportation defense and seek relief under as many forms as you are eligible for: asylum, cancellation of removal (for certain permanent resident and non-permanent residents), application for a waivers, or adjustment of status.

You may be deportable/removable if you commit one of the following offenses:
• Certain misdemeanors
• All felonies, whether aggravated or not
• Fleeing an immigration checkpoint
• Smuggling an illegal alien into the United States
• Committing marriage fraud
• Failure to register as a sex offender
• Violation of certain protective orders
• Conviction of a drug crime in any country
• Conviction crimes involving moral turpitude
• Involvement in human trafficking
• Failure to notify the proper authorities regarding a change of address within 10 days
• Engaging in or inciting terrorist activities of any kind, or appearing likely to do so
• Participation in certain crimes such as genocide, religious persecution, recruitment of child soldiers, and Nazi persecution
• Voting in a U.S. election illegally
• Failure to lift the conditions on your conditional permanent residency card
• And more...

You have the right to represent yourself but the deportation proceedings are so complicated that is better to seek the advice of an immigration attorney who can guide you and advice you to apply for the best for of relief that is available to you.

For more info, please schedule a free consultation or contact me.

Refuge And Asylum

Asylum and refuge provide protection for those who have a well-founded fear of persecution in their country of origin. Many people refer to asylum as "political asylum" although asylum is not solely granted for political reasons. Generally, asylum is granted when you are currently in the United States and certain time restrictions apply. Being a refugee, however, is generally granted when you are outside the United States, either by applying at certain United States Embassies or through the United Nations Refugee Agency (UNHCR).

Asylum Requirements
To be eligible for asylum, you must prove that:
• You are unable to return to your country of origin because you have a well-founded fear of either past or future persecution;
• Your persecution is on account of your race, religion, nationality, membership in a particular social group, or your political opinion. These five grounds can be further broken down into sub-groups, such as sexual orientation, gender, and other minority groups.

Persecution
People who fear torture, rape, imprisonment, death, marginalization, to list just a few situation, are considered victims of persecution if the acts were committed based on the grounds of their race, religion, nationality membership in a particular social group or political orientation. Any person inside the United States, regardless of legal status, may apply for asylum so long as the request is filed within one year of entry in the Unites States.

For more info, please schedule a free consultation or contact me.

U.S. Citizenship

You need to meet the following requirements in order to qualify for citizenship:
• Unless you are a minor who has been adopted by a parent who is a United States citizen, you must be at least 18 years old.
• You must have been a law-abiding resident of the United States for at least 5 years (3 years if you are married with a US Citizen – early naturalization);
• You must be able to speak, write, and read English.
• You must have an upright moral character and an attachment to the principles contained in the United States Constitution.
• You must have a familiarity with the history of the United States and its government.

The Naturalization Test
You must take a test as part of the process of becoming a U.S. citizen. The naturalization test is designed to establish your ability to speak English and your knowledge of U.S. history and government. The USCIS provides resources to help applicants prepare for the test. You get two chances to pass the test.

Exempts from the test:
• You are age 50 or older and have lived in the U.S. as a permanent resident for 20 years
• You are age 55 or older and have lived in the U.S. as a permanent resident for 15 years
• You suffer from physical disability, mental impairment, or medical disability.

For more info, please schedule a free consultation or contact me.

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Client Endorsement

She is all you want in a lawyer...

"Marina is one of a kind! She is all you want in a lawyer, and so much more! Yes, she is a professional, experienced and reliable top-notch immigration attorney - but what makes her truly stand out is her genuine kindness and compassion! Rest assured that you and your case will be in the best hands, and all concerns no matter how small will be addressed and taken seriously! Be prepared to miss her when your case is through" - Yasmin
Oct 2020
Client
Endorsement

Client Endorsement

Her undeniable professional qualities...

"Mrs. lawyer Marina Andrei, in addition to her undeniable professional qualities, is a lady with a beautiful character and a golden soul! Highly recommend!!!" - Daniela
Jan 2020
Client
Endorsement

Client Endorsement

Knowledgeable, professional, and efficient...

"First and foremost, Marina Andrei is a wonderful human being who truly cares about the people she works with. She is knowledgeable, professional, and efficient. My mother and I are extremely grateful for her services and would recommend her without any reservations." - Leda Antova
Jan 2019
Client
Endorsement

Client Endorsement

Que Dios la bendiga en cada caso que llegue a sus manos...

"Gracias Marina sin usted no hubiera sido posible convertirme en Ciudadana Americana, que Dios la bendiga en cada caso que llegue a sus manos | Thank you Marina without you I could not have become an American Citizen, may God bless every case that comes to your hands"
❤️ 🇺🇸 🍾 - Julia
May 2019
Client
Endorsement

Client Endorsement

Highly recommended...

"I strongly suggest Marina! She is a very knowledgeable and helpful lawyer. I faced an issue in the middle of my immigration process. I got a consultation from Marina. Although it was free, she spent so much time with me and gave me several suggestions to help with my case. Using her advice helped me to solve the issue and get my case approved. I can't thank her enough! Highly recommended!" - Rosa
April 2019
Client
Endorsement

Client Endorsement

Thank you again...

"I consider myself lucky to have met such a professional but warm and kind person in the same time, that made feel safe through all the time frame while waiting for my spouse green card arrival. It cleared all my questions one by one and got to the day of my interview without being nervous but more than that she managed to keep my husband calm and relaxed when he usually gets impatient due to his ADA . I am still in touch with Marina and I'm glad to know that for any necessity I can have someone to represent me or my husband in the future ,she really made me feel welcomed and integrated and all my worries are gone, thank you again!" - Daniela
OCT 2018
Client
Endorsement

Client Endorsement

God bless you...

"Atty. Marina Andrei is a kind of lawyer who has a good heart , just feel free if you have a problem that makes a big question mark in your mind don’t hesitate to ask her by sending message, right away she will answer you. A kind of lawyer that always there to help people, that is Atty. Marina Andrei. God bless you Atty. Marina Andrei!"
❤️ ❤️ ❤️ 💐 - Lorna
OCT 2018
Client
Endorsement

Client Endorsement

Thousands of thanks...

"Thousands of thanks for Mrs. Marina Andrei!!! She is professional, knowledgeable, kind, and friendly! My family reached its goals with her help! Thank you!!"
⭐ ⭐ ⭐ ⭐ ⭐ - Adriana
OCT 2018
Client
Endorsement

Client Endorsement

Today was the happiest day of my life...

"There are no words to explain how happy I am that I found Marina! She helped me with my case. We applied for VAWA and because of her, we got approved! She is an amazing lawyer and amazing person! She was an immigrant herself and besides her amazing professionalism , she will totally understand your case and will fight for you, no matter what! I don’t have enough words to thank her for all her support and everything she did for me!!! If she helped me with my case , (helping me succeed) she will do it for you also! Today was the happiest day of my life... soon it will be yours!" - Alina
JAN 2018
Client
Endorsement

Client Endorsement

A professional lawyer who cares...

"I had problems with my papers for my wife, and a friend who was very pleased with she's work said to me to give a try. And i'm glad that i did because i found in Marina Andrei an energetic, open minded person but first of all, a professional lawyer who cares about your case, any time of the day. I was surprised when she replied to me very quickly on a late hour. For sure i would recommend to everyone who want's a professional "hand" for his case." - Alex
JAN 2017
Attorney
Endorsement

Attorney Endorsement

I endorse this lawyer and trust her with my life...

"I endorse this lawyer and trust her with my life. She is honest, knowledgeable and caring beyond words. Her clients are lucky to have her as their attorney. If you need an immigration attorney she is the best person for the job." - Nikki Jacobson, Workers Compensation Attorney
Jan 2017
Attorney
Endorsement

Attorney Endorsement

Marina is a highly intelligent colleague...

"Marina is a highly intelligent colleague who knows the insides and outs of Immigration court and petitions. She is very thorough with research and preparation and I would not hesitate to refer her a case that I would have a conflict with." - Roberto Alvarez, Immigration Attorney
DEC 2016
★★★★★
Hired Attorney

Client review

Exceeded expectations by far!!

"I contacted Marina when I was looking for a lawyer to handle my immigration case. She is very knowledgeable in all aspects and treats each client with the highest professionalism. She handles everything in a very timely manner and guides the client step by step throughout the process. I only needed to send her the documents and she did the rest, relieving me of all the stress and headache. She is exactly what I was looking for in an attorney and not only that she successfully handled my immigration issue, but she also guided me into finding solutions for other law matters that I needed solved at the moment. I would highly recommend her anytime. Big, huge thank you, for all your efforts." - Antoanela
Nov 2016
★★★★★
Hired Attorney

Client review

Excellent service

"One of the best lawyer for immigration. She really help me with every single paper. In top of that she can answer all your questions even if she doesn't work. Really nice person and I'm glad I have her for any problem. 5* service" - Daniela
NOV 2016
★★★★★
Hired Attorney

Client review

Wonderful experience

"Ms. Andrei helped me to get my Work Permit, Green Card and Citizenship. After she reviewed my case, went over every step of the process and explained one by one all documents that I needed to gather. She went above and beyond on everything, submitted all applications right on time, was very efficient and professional. She was very responsive, every time I called or emailed her she responded right away. I always knew where my petitions were at. I am very grateful for all her help and I will always recommend her." - Anca
Nov 2016
★★★★★
Hired Attorney

Client review

Excellent lawyer and a wonderful human being

"I needed a lawyer for my green card aplication and Marina was recommended to me by a friend. And I must say I could not be happier! She handled my case in the best way possible but the most important thing for me was the fact that she was always there for me whenever I had questions or needed advice. Usually lawyers are very hard to talk, cold and impersonal. That is what is special about Marina: she a great lawyer, but also an amazing human being, warm and kind . Thank you so much for everything, Marina!" - Annonymous

About Me

Member of American Immigration Lawyers Association

Member of Los Angeles County Bar Association

Licensed with The State Bar of California

Immigration Law

My average success rate is 98.3%

Adjustment of Status including Section 245(i)

Change of Status

K-1 VISA Fiancé

The 601 & 601A Waiver

H-1B VISA Employment

E-1 and E-2 VISA Treaty Trade Investor

L-1 VISA Intracompany Transfer

O-1 VISA and EB-1 Classification

P VISA Performers & Athletes

R-1 VISA Religious Workers

Temporary Protected Status TPS

U-VISA Victims of Crime

Violence Against Women Act VAWA

Immigrant Children Special Immigrant Juveniles - SIJS

U.S. Citizenship

Temporary Protected Status TPS

Refuge and Asylum

Deportation Defense

Practice Areas

Filter by Type:

Adjustment of Status including Section 245(i)

Change of Status

601 & 601A Waivers

H-1B VISA - Employment

E-1 / E-2 VISA- Treaty Trade Investor

K-1 VISA

L-1 VISA - Intracompany Transfer

O-1 VISA and EB-1 Classification Individuals with Extraordinary Abilities

P VISA - Performers and Athletes

R-1 VISA - Religious Workers

Temporary Protected Status - TPS

U-Visa - Victims of Crime

Violence Against Women Act - VAWA

Immigrant Children Special Immigrant Juveniles - SIJS

Deportation Defense

Refuge And Asylum

U.S. Citizenship

Some of My Stats

Languages Spoken

Clients' Countries of Origin

Average Success Rate Percentage

Years of Experience

My Reviews

June 2021

Client Endorsement

I strongly recommend her...

June 2021

Client Endorsement

I’m not overreacting...

June 2021

Client Endorsement

She is all you want in a lawyer...

Oct 2020

Client Endorsement

Her undeniable professional qualities...

Jan 2020

Client Endorsement

Knowledgeable, professional, and efficient...

Jan 2019

Client Endorsement

Que Dios la bendiga en cada caso que llegue a sus manos...

May 2019

Client Endorsement

Highly recommended...

April 2019

Client Endorsement

Thank you again...

OCT 2018

Client Endorsement

God bless you...

OCT 2018

Client Endorsement

Thousands of thanks...

OCT 2018

Adjustment of Status
including Section 245(i)

Change of
Status

K-1 VISA
Fiancé

The
601 & 601A Waiver

H-1B VISA
Employment

E-1 and E-2 VISA
Treaty Trade Investor

L-1 VISA
Intracompany Transfer

O-1 VISA and
EB-1 Classification

P VISA
Performers & Athletes

R-1 VISA
Religious Workers

Temporary Protected Status
TPS

U-VISA
Victims of Crime

Violence Against Women Act
VAWA

Immigrant Children
Special Immigrant Juveniles - SIJS

U.S.
Citizenship

Temporary Protected Status
TPS

O-1 VISA and EB-1 Classification
Individuals with Extraordinary Abilities

Immigrant Children
Special Immigrant Juveniles - SIJS

More Reviews:

Lawyer Marina Andrei | Lawyer Immigration