One glance at the headlines will tell you immigration is a complex issue for both individuals and businesses. Ryan Swanson attorneys have been helping both successfully navigate these challenges for more than 65 years. We understand how time-sensitive and high-pressure immigration cases can be, so we staff our practice for responsive service and fast action.
We regularly represent clients before all major government agencies involved in the immigration process. A strong commitment to continuous education means we offer innovative solutions in an ever-changing legal environment. While our attorneys have received multiple awards as individuals and as a group, they judge their work by the results—successful businesses and happy families.
- Visa Categories
- We also have experience in many other categories in addition to those listed above.
Our lawyers assist clients in Seattle and across the United States. Please note, we do not handle cases involving deportation and removal, asylum, or refugees.
Much of our work on immigration involves representing companies who are sponsoring foreign nationals for temporary work visas and U.S. permanent residence status. In addition, our attorneys represent individuals who wish to sponsor family members for U.S. immigration purposes. We also file DACA cases (“DREAM”/Deferred Action for Childhood Arrivals program). We have extensive experience representing clients before all the government agencies involved in the immigration process, including U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection, the U.S. Department of Labor (DOL), the State Department, and consular posts throughout the world.
Seeking talent beyond U.S. borders is often essential in competitive fields, but getting the necessary visas is complex, time-consuming, and highly technical. We help you get it done as quickly and cost-effectively as possible so you can focus on your business.
We assist clients with all types of nonimmigrant employment visas, including the E-1 trader visa, E-2 investor visa, H-1B specialty occupation visa, H-2B temporary visa, L-1A or L-1B transferee visa, O-1 and TN visas. Visit our Immigration Visa Categories page for more information.
Both businesses and individuals can sponsor immigrants for permanent residence, and our immigration attorneys have decades of experience in both areas. For employers, we help navigate the complex process of labor certification, as well as in cases where certification is not required. For families, our immigration attorneys prepare permanent residence applications for eligible relatives, and can also help obtain ‘K’ visas for fiancés and spouses. For sponsored individuals, we prepare and file immigrant petitions and adjustment of status applications in the U.S., and assist with visa processing at U.S. consulates and embassies throughout the world.
Citizenship & Naturalization
In addition to helping U.S. permanent residents apply for naturalization, we help individuals discover and claim U.S. citizenship through parents or grandparents. We have helped others terminate their residency and understand relevant tax ramifications. And, we can assist with complex U.S. passport applications.
Ready to Assist
Because of our in-depth experience in immigration matters, our attorneys can identify the options available to a client under immigration laws, evaluate the merits of each option and then assist the client in selecting the best immigration option. In addition, we:
- Understand the personal and business pressures faced by clients with immigration problems, and therefore the need for fast action.
- Staff our practice group with sufficient personnel to be able to respond quickly to clients.
- Develop creative solutions for difficult immigration law problems.
- Stay up-to-date on developments in the law, which change frequently.
Based in Seattle, Ryan Swanson has a century-old history of representing business interests. Many of our immigration clients are Fortune 500 and foreign-based companies. In addition, we proudly offer our services to extended families, including individuals seeking to sponsor family members and spouses.
Our clients are people who have real dreams and our services impact their lives. Our goal is to:
- be the best immigration group possible.
- practice as a team of professionals, not as individuals.
- provide excellent service and efficient communication.
- recognize diversity and treat clients like guests in our own home.
- provide innovative solutions in an ever changing legal environment by engaging in continuing education.
- continually participate in community and civic activities.
- be proactive in providing a referral for legal counsel for issues outside of immigration.
- maintain excellent rapport and relationships with government agencies by continuous involvement with liaison committees.
Our immigration lawyers have more than 65 years of experience advising businesses and individuals on immigration matters. Each have received Avvo‘s highest rating and are named in The Best Lawyers in America. Our immigration group was ranked #1 in Washington State in 2013 by Chambers USA, a highly regarded directory that ranks lawyers and practice groups by industry.
The Immigration Group is proud to share the expressions of gratitude we receive from our clients. The following reflect samples of such testimonials:
- “I’m really grateful for the outstanding service I got from [the] immigration team at Ryan Swanson. They did a wonderful job in my permanent residency case; they are extremely knowledgeable and were always ready to answer any question I had during the process. Thank you all for helping to make the dream come true!” — Cristina Cunha
- “You saved my life. I will never forget standing in the airport and being told by the immigration officials at 4:00 pm on a Friday night that there was a problem with my mother’s paperwork and they were returning her to Romania instead of letting her go through immigration and come home with me. The odds were completely against us when we placed an emergency call to you to help us but somehow you did. Now not only is my mother here but we have been able to obtain her greencard! Your help was invaluable, you did a great job! Thank you for all the work you did to bring our family together.” — Luiza and Dora
- “Just a note to say thank you for everything you have done since day one that I came to your office. You and your staff are very professional, attentive, thorough, and caring.” — Tony Fattahi
- “There is something reassuring about dealing with the best of legal talent. But when it comes to immigration matters, where huge sums are involved, or when family structures are involved, there can be no substitute for excellence. Joel Paget has represented me, my family and a number of businesses in immigration matters for 20+ years. He has proven himself every single time. My reliance on Joel, in his talents, clarity of thought and focus on a positive, AND TIMELY response is complete. Things are simply too important to deal with any attorney other than the best…” — David Harding
- “It has been a real pleasure to work with [Ryan Swanson]. I thought [Janet Cheetham] did a great job.”
— Tom Garr, Managing Director of Mastholm Asset Management, LLC
- “We are so thrilled to have this perfect outcome. Thank you so much for all of your help with the process. It is quite involved and we could not have done it without you.”
- “I am just so grateful to be working with such an efficient legal team at RSC.”
- “Thanks for reacting so quickly to this situation – much appreciated.”
- “I can’t tell you how appreciative we are of you stepping into this mess and seeing it through to the end – we love to work with you, not only because you’re fun, but are so skilled in these matters. Truly, from the bottom of our hearts, thank you!!!!!”
- “I would also like to take this opportunity to convey my appreciation for the professional, fast and efficient manner with which my case was dealt by both yourself and your staff, without which I would not have been able to achieve this position.”
- “Well, now I believe that you are a miracle maker. Our employee was issued his visa today. Thank you for a job well done.”
- “I wanted to thank you for your support through our visa application process. We really appreciated the professionalism of your office. It gave us confidence while so much of our life was uncertain.”
- “I really appreciate the effort of the firm in handling my green card application in a pretty difficult application that had been unsuccessful by other lawyers.”
- “I sincerely thank you for all the help you provided me during my stay with regard to the immigration matters. My emails/calls were answered very promptly and never would have to wait for a response or for an advice and I am very much thankful to you both for that. I should admit you have a lot of patience in answering our countless questions and I really appreciate that.”
- “The whole process proceeded quickly and efficiently. You now have a reputation as a ‘Miracle-Worker’ in Taiwan!”
We represent many companies with immigration matters, including:
- Allpak Container, Inc.
- Alpha Technologies
- American Seafoods Co., LLC
- Boise Cascade Company
- Bsquare Corporation
- Canadian Fishing Co., Ltd.
- Chinasoft International
- Colliers International
- ESC Automation, Inc.
- iSoftStone, Inc.
- Icicle Seafoods, Inc.
- Kyokuyo America Corporation
- Layfield Plastics Incorporated
- Marel Food Systems, Inc.
- Nichimo International, Inc.
- Northwest Hydraulic Consultants, Inc.
- Pacific Blasting & Demolition, Ltd.
- Sage Bionetworks
- Shannon & Wilson, Inc.
- Tableau Software
- Teal-Jones Group
- Tideworks Technology, Inc.
- Tokai Denpun USA, Inc.
- TransGroup Worldwide Logistics
- Trident Seafoods Corporation
- Wicresoft North America
ORGANIZATION MEMBERSHIPS AND SPECIAL RECOGNITION
Members of the immigration group are actively involved in numerous organizations serving the international and business communities:
- AILA (American Immigration Lawyers Association)
- Canada-America Society
- South Asian Bar Association
- Vietnamese-American Bar Association
- Washington Women Lawyers
On June 26, 2013, The United States Supreme Court ruled inUnited States v. Windsor, that Section 3 of the Defense of Marriage Act (DOMA) was unconstitutional and affirmed that all married couples deserve equal legal respect and treatment from the federal government. DOMA had been cited as the primary reason that USCIS previously denied green cards and immigration benefits to lawfully married same-sex couples. Since this ruling, the immigration attorneys at Ryan Swanson have successfully advocated for spouses of same-sex couples in family-based immigrant petitions to ensure that families remain united. A few items to remember:
- The USCIS and U.S. Department of State will recognize lawful same-sex marriages and spouses if the marriage is valid under the laws of the State or country where the marriage ceremony was performed.
- If a couple marries in a state or country were same-sex marriage is legal, they are eligible for immigration benefits—even if they no longer live in a state with same-sex marriage laws.
- Couples living in domestic partnerships or civil unions will need to get married before they can be eligible for these immigration benefits.
- Derivative benefits will also be extended to spouses and children of same-sex spouses where eligible.
Absolutely. In this day and age of workplace raids and USCIS enforcement of I-9 compliance, it is critical that a corporation have a program in place to deal with an I-9 audit. The program should set out standards and procedures for completing the I-9 Form with due diligence/checks and balances built into the system. The company needs universal worker compliance training from the boardroom to the shop floor. Detailed written guidelines should be in place with an effective auditing and monitoring procedure. The company also needs a program for prompt investigation of complaints followed by remediation and disciplinary action for violations found in the workplace. We recommend that you conduct a self-audit of your I-9s at least annually to remove I-9s that are not required and ensure they have been completed properly.
No. The Visa Waiver Program (VWP) allows the citizens of selected countries (currently 37) to travel to the United States for a maximum of 90 days for tourism or business without first obtaining a visa. On November 1, 2012, the Department of Homeland Security designated Taiwan as a member of the Visa Waiver Program (VWP). The Department of Homeland Security (DHS) announced that nationals of these countries will no longer need visas for tourist and business travel to the United States for up to 90 days, provided they possess a biometric passport and register online through the Electronic System for Travel Authorization (ESTA). Applicants under this program must possess an e-passport for entry.
Effective October 16, 2008, the U.S. Citizenship and Immigration Services increased the maximum period of admission and extension of stay for Trade-NAFTA (TN) professionals from Canada and Mexico from one to three years. Although the new rule allows a maximum period of three years, each petition must justify the amount of time the TN professional must be in the United States to perform the duties required. This means that a TN professional may only be admitted for a period of time less than three years if the TN professional’s services are only required for a shorter period of time, for example, eight months. Among the types of professionals eligible for TN status are accountants, engineers, lawyers, nurses, pharmacists, scientists, and teachers. For more information on what positions qualify for TN professional status, please contact one of our immigration attorneys at Ryan Swanson.
In today’s global economy, it is more important than ever to adequately prepare your employees for travel abroad and successful re-entry to the United States. The employee must bring proof of legal immigration status in the U.S. and a valid passport with a valid visa, if applicable. The employee should also bring a current letter from the employer verifying his/her employment. Any business cards in possession should be consistent with the position for which he/she has authorization to work. Note that all belongings are subject to inspection including a laptop, cell phone, wallet, automobile, palm pilot, suitcases, and anything the employee is carrying on his/her person. Last but not least, be aware of all customs regulations including what not to bring and what items would have to be declared upon entry.
Yes, it could. On the Fourth of July thousands of new citizens were sworn in at ceremonies here in the state of Washington and around the U.S. This new status not only means the person can now vote, but it also may impact the person’s estate plan. The federal estate tax laws have special provisions for those who are U.S. citizens, so this would be a good time for the new citizen to review his/her estate planning with an attorney who is familiar with estate tax laws and their impact on estate planning. A person’s status here in the U.S. depends on whether or not he/she is a tax resident, which is highly influenced by the number of days a person is here. It can also be determined by the immigration status the person holds.
Most likely. The Department of Homeland Security (DHS) proposed a new rule that would designate E-Verify as the electronic employment eligibility system for which employers who are also federal contractors must use as required by Executive Order 12989, as amended. E-Verify, operated by USCIS in partnership with the Social Security Administration (SSA), is an Internet-based system that allows employers to confirm the immigration status and eligibility for employment of new hires. Employers are cautioned to consider the consequences of joining the E-Verify system, including signing a Memorandum of Understanding (MOU) that will open their personnel files to many other agencies. We also caution employers that the information received from E-Verify and SSA may not be accurate. Many agencies are creating their own rules to comply with this Executive Order.
USCIS recently announced higher civil fines which can be assessed against employers who violate federal immigration laws, effective March 27, 2008. Employers may be fined under the new regulations for knowingly employing unauthorized aliens or other violations including failure to comply with the requirements relating to employment eligibility forms. The minimum penalty for the knowing employment of an unauthorized alien increased to $375. Some of the higher civil penalties increased by $1,000; for example, the maximum penalty for a first violation increased from $2,200 to $3,200. These penalties are assessed on a per-alien basis; therefore, it is critical that the proper work authorization is verified prior to hiring any new employee.
Prepare in advance. There will be more “visits” by officers with badges. You should conduct an internal audit of your Forms I-9 to see if you have one for everyone who is currently listed on your last Form 941 and possibly for every employee who has left your employment within the last three years. If the forms are not complete, get them completed and dated on the day you get them done. When the officers do show up, with no search warrant, you have 72 hours in which to produce the Forms I-9. Ask them where to deliver the forms. There are civil and criminal penalties, so be careful. Lastly, be sure you are now using the revised Form I-9 which has the date of March 8, 2013 as previous versions are not accepted.
To initiate the process, the U.S. citizen petitioner must file an I-129F Petition for Alien Fiancé. The fiancé who is living abroad must complete a form G-325 and provide passport photos to be included in the application. The USCIS charges a $340 filing fee. It is imperative the petitioner file a complete application including proof of meeting in person within the last two years and bona fide evidence of the relationship. A signed statement by both the U.S. citizen and the fiancé confirming their intent to marry is a required part of the petition. Once this application is filed, it can take 4-6 months for processing.
Once the I-129F has been approved, the next step in the process is for the National Visa Center (NVC) to conduct background checks on the fiancé. Once the security checks are completed, the petition is forwarded to the Consulate where the fiancé will apply for the K-1 visa. A K-1 visa is similar to processing a permanent residency application. The fiancé will need a police certificate for every country they lived in for more than six months, a medical exam and proof the U.S. citizen can provide financial support for their future spouse.
Once the K-1 visa has been issued, the fiancé can enter the U.S., but cannot travel outside the U.S. The couple must marry within 90 days and then file an adjustment of status with the U.S.C.I.S. Lockbox with an additional medical exam and a filing fee of $1,070 and numerous other documents. Each state varies in processing times to interview the couple and hopefully approve the conditional residency of the applicant.
As you can see, the process is very complicated and involves numerous government agencies; including the U.S.C.I.S., National Visa Center, the Department of State consulate office, the local office of the U.S.C.I.S. and local fingerprint facility. If you wish to consult on this process, we are happy to help.