Cupertino Immigration Attorney

Get 20+ Years of Experience Behind Your Case

The Law Offices of Timothy D. Widman provides comprehensive representation to corporations and individuals in all immigration matters pertaining to the admission of immigrants with needed skills and the reunification of families.

Employment-Based Nonimmigrant Visas

The firm’s practice focuses on assisting companies to petition for nonimmigrant classification, or work visas, on behalf of employees, permitting them to be admitted to the United States for a specific purpose -- such as H-1B specialty occupation workers or L-1 intracompany business transfers -- and for a temporary period of time, thereby obtaining lawful status authorizing residence and employment.

The firm also provides strategic counsel to its corporate clients when its employees wish to immigrate to the United States before the expiration of the employee’s nonimmigrant status, through a multi-step process involving one or more federal agencies, including Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS), culminating in the employee being admitted for lawful permanent residence, i.e., receiving a green card.

PERM Labor Certifications and Green Cards

We represent employers in PERM filings which request DOL to certify that no U.S. worker is available for the employee’s position. Once DOL has approved the labor certification, we assist the employer with the next step of filing the I-140 immigrant visa petition with USCIS, to establish that the employee qualifies for an immigrant visa based on the company’s offer of employment.

We have also successfully filed I-140 petitions for clients where no DOL certification was required, because the employee is eligible to immigrate under an employment preference category which does not require the employer to conduct a test of the U.S. labor market (e.g., EB-1 Multinational Manager or Executive, EB-1 Outstanding Researcher, EB-1 Person of Extraordinary Ability, or EB-2 National Interest Waiver).

At the last step, the firm handles adjustment of status applications for individuals already residing in the United States, by direct filing of an I-485 application with USCIS, and attending the adjustment of status interview with the employee at the local USCIS office, with the objective of converting the employee’s nonimmigrant status to that of a lawful permanent resident. The firm can file concurrent I-140 petitions and I-485 adjustment of status applications for those employees whose priority dates are current and who need an EAD.

Marriage-Based Immigration

In addition to corporate immigration, the firm handles a substantial number of individual cases for non-employer sponsored immigration benefits. These include immigration to the United States through marriage, typically involving a U.S. citizen sponsoring his or her fiancee for a K-1 visa, then marrying within 90 days of the fiancee’s entry to the United States on the K-1 visa and thereafter applying for adjustment of status; or where the couple have already married, filing an I-130 petition, either separately or concurrently with an application for adjustment of status, depending on whether the non-citizen spouse is already residing in the United States or is living abroad, to establish the family relationship.

In some cases the immigrating spouse will need a waiver of inadmissibility due to prior immigration violations or certain crimes. The firm will work closely with the client to build a case for showing that the U.S. citizen petitioner meets the extreme hardship test for approval of an I-601A unlawful presence inadmissibility waiver or I-601 waiver of other grounds inadmissibility.

In marriage-based cases where the spouse receives a two-year conditional resident card, because the marriage was less than 2 years old at the time of adjustment of status, the firm can help the spouse and U.S. citizen petitioner file a joint petition to remove the conditions on residence, or in cases where the marriage no longer survives, a petition by the non-citizen spouse requesting USCIS to approve a waiver of the joint filing requirement based on a bona fide marriage or other grounds.

Other Family-Based Immigration and NVC Processing

In non-marriage cases, the Law Offices of Timothy D. Widman routinely assists U.S. citizen clients in filing I-130 immediate relative petitions on behalf of their parent or child, for purposes of obtaining legal resident status in the United States.

The firm provides assistance with the green card process when the immediate relative is located outside the United States, through the submission of paperwork to National Visa Center (NVC), who will process an immigrant visa application and schedule the family member for an interview at a U.S. Embassy or Consulate abroad.

Naturalization and Citizenship

A large number of returning clients seek out our services with applying for U.S. citizenship through a process called naturalization, which generally requires the applicant to have been a lawful permanent resident for at least 5 years and demonstrate good moral character. The Law Offices of Timothy D. Widman can guide clients through the citizenship process, from filing the naturalization application with USCIS to accompanying these clients to their naturalization examination and interview at the local USCIS office.

We welcome clients from all across Santa Clara County and surrounding areas, including San Jose, Mountain View, Sunnyvale, Palo Alto, Santa Clara, Milpitas, and Fremont.

Providing Invaluable Counsel

The line to become a U.S. citizen is long, so you cannot afford to work with anyone less than the best. Attorney Widman's representation could the advantage you need as you pursue citizenship. He has represented individuals, families, businesses, tech startups, as well as large corporations who are in need of immigration counsel. He can collaborate with HR staff and help businesses achieve their staffing needs with the best and brightest across the globe. Whatever your immigration goals, he is ready to serve you.

Schedule your consultation today!

Since being admitted to the California Bar in 1997, Attorney Widman has filed literally thousands of immigration petitions and applications for corporate and individual clients in business immigration, family immigration and citizenship matters. He has an A+ rating with the BBB® and he is actively involved in several different memberships, including the American Immigration Lawyers Association and the Santa Clara County Bar Association.