Author Archives: jefhenninger

What is the DACA act?

New Jersey Deferred Action Lawyers

The DACA stands for Deferred Action for Childhood Arrivals. Deferred action allows foreign national children who happen to be illegal immigrants currently in the United States to receive a relief from deportation. Then, if approved, the child can apply for a two year work permit afterwords. To be eligible for deferred action, there are a couple of guidelines to be met such as the applicant must have been younger than 16 years old when he or she entered the country, must have resided here at least for five years before the DACA was put into affect (which is at least five years before June 15, 2012) and must be an illegal immigrant. There are even more guidelines that the applicant must qualify for, which is why having an experienced New Jersey immigration attorney is a worthwhile investment. At the Law Offices of Jef Henninger, Esq., our seasoned Essex County deferred action attorneys will go over all the required guidelines and help you fill out and submit all the needed paperwork to make you a legal immigrant. Schedule a free initial consultation to discuss your immigration options at 732-383-6242.

What do I need to do to be eligible for an immigrant investor green card?

New Jersey Investor Green Card Attorneys

To be eligible for an investor green card, or an EB-5 green card, you need to be a foreign national who has either invested or in the process of investing one million dollars into a new commercial venture. The amount can be $500,000 rather than the previously mentioned one million if the investment is in a targeted employment area. This investment must benefit the United States economy, as well as provide at least full-time employment to at least ten American individuals. This number of employees must be maintained and cannot go below the required ten for at least two years. If you can meet all of these requirements and make the investment, you can file an I-526 form, also known as an Immigrant Petition by Alien Entrepreneur. This form must be filled out with supporting documentation and submitted to the United States Citizenship and Immigration Services (USCIS).

Once the Form I-526 has been submitted to the USCIS and approved, the alien investor is then eligible to receive status as a conditional resident. In order to do so, the next step would be to file Immigration Form I-485, which is an application to register permanent residence or adjust status. After that, in order to remove the two year restriction, the alien investor can then fill out Form 1-829, which is a Petition by Entrepreneur to Remove Conditions. This form must be filled out and filed within 90 days before the conditional resident admission expires.

It is best to have an experienced green card attorney handle all the forms, documentation and dealings with governmental agencies. At the Law Offices of Jef Henninger, Esq., our aggressive, Bloomfield investor green card lawyers are ready to walk you through all the petitions and paperwork required. Reach out to our law firm any time by calling 732-383-6242 and we will schedule a free initial consultation to go over the specifics of your unique application.

Can I get an unlawful presence waiver while still in the United States?

New Jersey I-601A Provisional Waiver Attorneys

A program that was enacted on March 4, 2013, now allows family members of U.S. citizens whom are foreign nationals and present in the country illegally to apply for a I-601A waiver while still within the United States. If their waiver is approved, then they can apply for an immigrant visa within their home country. The reason this program has been created is to help shorten the processing time of the waivers, and bring families together much sooner. So now with form I-601A, illegal immigrants can apply for the waiver before they return to their home country and then apply for an immigrant visa while inside their home country. What could be years of separation from their families, now can be resolved in a few days or weeks. However, to make sure you are eligible for this waiver and that everything is processed and filed correctly, having a highly skilled New Jersey I-601A provisional waiver lawyer is ideal. At the Law Offices of Jef Henninger, Esq., our team of experienced Toms River immigrant waiver lawyers will guide you through the waiver process and help you avoid any pitfalls that would elongate the process. Schedule a free initial consultation with one of our experienced attorneys at 732-383-6242.

Can I immigrate as a registered nurse?

New Jersey RN Immigration Lawyers

The short answer is yes, but there numerous requirements the alien registered nurse must meet. These requirements differ if the alien registered nurse is already residing in the United States or still lives abroad. If the RN is already in the United States, there are numerous documents, like financial information regarding the employer, VisaScreen Certification, police clearances, etc. that must be presented to the United States Citizenship and Immigration Services (USCIS) or a RN licensing examination must be completed and passed and the employer must file and submit an immigrant visa petition. If the registered nurse is still living abroad, the alien nurse must have a diploma from the nursing school in his or her country, a RN license from the home country and a full, unrestricted license to practice nursing in the state of employment all before he or she can be employed in the United States. After that, a form I-140 must be filled out to the USCIS, as well as a ETA-9089 form for the Department of Labor. Once approved, the USCIS will send the approved visa petition to the National Visa Center (NVC) where a fee bill will be given to the alien nurse to be paid in advance. Once the payment is received, then a packet will be sent to the nurse with more forms to be completed and a list of documents that will need to be submitted to the NVC. Then an appointment is scheduled at the US Consulate or Embassy for an interview and to overlook the required documents, such as the immigrant visa applications, birth certificates, photographs, valid passports, medical examinations, recent job offer letter and many more.

The whole process to achieve permanent residency for a registered nurse can take from 12 to 18 months to as high as four years. It can take even longer if the alien RN is born in India or China. Due to all the moving parts, required documents and multitude of steps, having an proficient, aggressive immigration attorney is in your best interest for a successful immigration and smooth process. At the Law Offices of Jef Henninger, Esq., our experienced Ocean County immigration lawyers are available for a free initial consultation, 24/7 with our hotline at 732-383-6242.

What kind of temporary visa should I apply for as an alien artist, athlete or entertainer?

New Jersey P Status Attorneys

You will want to apply for what is known as a P visa classification. A P visa is a temporary visa for foreign nationals looking to work in the United States as an entertainer, artist or athlete. There are three kinds of P status visas, a P-1, P-2 or P-3 status. A P-1 classification is usually applied for athletes and entertainment groups that are foreign-based. A P-2 classification is for alien artists or entertainers who will perform their craft under a reciprocal exchange program. And finally, a P-3 classification is for alien entertainment teachers or acting coaches under a program that is culturally unique. Each classification has their own requirements and documentation needed to apply.

Given all the different kinds of classifications for a P status temporary visa, navigating as to which one you may be eligible for is difficult and confusing alone. The Law Offices of Jef Henninger, Esq., has numerous experienced New Brunswick P visa attorneys ready to help guide you through the filing process. Reach out with our 24/7 hotline to schedule a free initial consultation at 732-383-6242.

What is a L-1 Status Visa?

New Jersey L-1 Status Lawyers

A L-1 status temporary visa is for foreign nationals who already work for a company that has a branch, subsidiary, affiliate or parent company in the United States. These are considered intracompany transferees that are coming to the United States company to fulfill an executive or managerial role or bringing a specialized knowledge. The intracompany transferee in question must have been a full-time employee of the corporation for at least one whole year within the past three years. If the alien transferee fits all these qualifications, then they may apply for a L-1 visa. At this current moment, there is no stated annual cap for L-1 visas and the employer is not required to get a labor certification before applying for the L-1 visa.

The Law Offices of Jef Henninger, Esq., has a team of experienced, aggressive L-1 visa lawyers ready to aid you through the petition process. Our law firm will make sure you are qualified for a L-1 visa, and if you happen not to be, go through other options that may be available to you. Schedule a free initial consultation with one of our Middlesex County visa attorneys at 732-383-6242.

Is there a visa for aliens who wish to trade in the United States?

New Jersey Immigrant Trader Visa Lawyers

Yes, there is a temporary visa for alien traders called the E-1 status. To receive an E-1 classification, the United States must already have a commercial treaty with the alien’s home country and the person entering the country is looking to solely engage in a substantial amount of trade. Usually this kind of visa is for someone organizing trade between the United States and the foreign national’s home country. The trade that the alien trader is participating in must be an international exchange and the title to the item of the trade must pass from the United States and the treaty country. If the alien trader is already in the United States, in order to obtain an E-1 visa, the I-129 form must be filled out to apply for a change of status. If the alien trader is not currently residing in the United States, he or she can apply for the E-1 visa on their own with the United States consular office abroad.

If you are looking to trade in the United States and need to figure out which step is next and what forms need to be filled out, the Law Offices of Jef Henninger, Esq., has a team of tough, smart Red Bank trader visa attorneys available to discuss your options with our free initial consultation. Call our law firm at 732-383-6242 to schedule your consultation today!

What is premium processing?

New Jersey Premium Processing Attorneys

Premium processing is a service that allows employment-based petitions and applications to get expedited and processed faster. Once the United States Citizenship and Immigration Services (USCIS) receives Form I-907, which is the Request for Premium Processing Service form, they have 15 calendar days to process the application or petition. The individual who submitted the application or petition to be expedited will then receive from the USCIS an approval, denial, request for evidence, open an investigation for fraud or misrepresentation or notify an intent to deny within the fifteen days. If none of these are received to the applicant in fifteen days, the USCIS will refund the Premium Processing Service fee and will still continue the expedited processing. If the reply to the application or petition is a notice of possible denial or a request for additional evidence, a new period of 15 calendar days will be enacted once the USCIS receives the required information.

At the Law Offices of Jef Henninger, Esq., our highly skilled, tenacious premium processing service lawyers will walk you through the Premium Processing Service as well as the application or petition process. With our free initial consultation, you can speak with one of our experienced Monmouth County premium processing lawyers and see what we can do for you. Schedule the consultation by calling 732-383-6242 any time, even on nights and weekends, to get started!

What is the green card lottery?

New Jersey Green Card Lottery Lawyers

A green card lottery is a yearly lottery that occurs in October and November that the State Department conducts online. If you are considered a “winner,” it will allow you to apply for lawful permanent residence through a green card. There are about 50,000 winners each year, and if you are one of them, you will need an experienced immigration attorney to walk you through the paperwork and get everything filed and processed promptly. You don’t need an attorney to participate in the lottery, but it is highly recommended to retain one if you win. At the Law Offices of Jef Henninger, Esq., our smart, top green card attorneys are available for a free initial consultation to discuss the circumstances of your “winnings” and make sure all the necessary forms are filled out correctly and submitted to the appropriate departments and agencies. Call us at 732-383-6242 to make an appointment for the consultation with a Jersey City green card attorney.

How do I hire an alien worker?

New Jersey Immigrant Worker Attorneys

Looking to sponsor an alien worker may seem a monumental task with all the paperwork and legalities that an employer would have to deal with. Working with an experienced, knowledgeable immigration law attorney can help you navigate through all the possible visas, green card and PERM applications that are available to immigrant workers. At the Law Offices of Jef Henninger, Esq., our team of tenacious, experienced immigration lawyers discuss with our clients the process of applying for a temporary working visa and even converting these to legal permanent residency. Our law firm works with both the employer and the employee for the best possible result and to work towards the goals of both. If the foreign-born worker is an executive of a multinational enterprise, of extraordinary ability or a professor of outstanding status, we work with the employer on how to properly sponsor these individuals. The Law Offices of Jef Henninger, Esq., helps American employers in complying with the Employee Verification System (I-9), defends against liability in anti-discrimination and document abuse laws, shows how to respond to letters received from Social Security and guides through the government’s E-Verify program. Contact our law firm today at 732-383-6242 to schedule a free initial consultation with a Hudson County immigrant worker lawyer.