Blog Archives

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.

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.

Am I eligible to become a United States citizen?

New Jersey Naturalization Lawyers

There are a couple of requirements one must meet in order to become a United States citizen. In order to properly naturalize, the foreign national must:

  • Pass a United States government and history test
  • Have been a permanent resident in the country legally for at least five years (this requirement changes if you have been married to a US citizen which changes it to three years)
  • Give an oath of loyalty to the United States of America
  • Have been physically present in the country for over 50% of the five year requirement
  • Being able to write, read and speak English
  • Being a good, moral person

Foreign nationals can also get naturalized by being sponsored by a US citizen, through birth or through acquisition or derivation. Naturalization can also get revoked, so it is important to have a knowledgeable and aggressive naturalization lawyer on your side. At the Law Offices of Jef Henninger, Esq., our professional, hard-hitting citizenship attorneys will explain the naturalization process, steps, and go over what is required in order to become a legal United States citizen. Contact our law office at 732-383-6242 to schedule a free initial consultation with a Jersey City naturalization attorney today.

I am an American citizen. Can I sponsor an alien family member?

New Jersey Family Based Immigration Attorneys

Over 500,000 foreign nationals become legal permanent residents each year due to family members sponsoring them. If you are an United States citizen, you can sponsor your brother, sister, spouse, mother, father, adult daughter or son. Aside from spouses, parents and children, all the other categories of immediate family members are placed under a numerically-limited preference system as sponsorships are processed. If you are a legal permanent resident in the country, but not a natural born citizen, you are limited in being able to sponsor your children, spouse or unmarried daughter or son.

Yes, you can sponsor a foreign national family member, but having an experienced lawyer in the field of immigration law and naturalization is critical. The Law Offices of Jef Henninger, Esq., has a team of hard-hitting attorneys with decades of extensive experience and can help walk you through the sponsorship process. Call our Hackensack family based immigration lawyers at 732-383-6242 any time, even on nights and weekends, to schedule your free initial consultation.

How do I get permanent residency through employment?

New Jersey Labor Certification Lawyers

Most foreign nationals who receive permanent residence through employment in our country go through the labor certification or PERM process. This PERM application must be submitted by the employer of the foreign national and sent to the US Department of Labor. This should show that the employer has tried to hire US workers for the job that the foreign national is applying for, but has not been successful in hiring US citizen workers.

When applying for labor certification, the first step is for the employer of the foreign national to request from the United States Department of Labor a prevailing wage determination. The employer then must also provide the US Department of Labor all the facts regarding the job in question, such as location of the job, the duties and requirements. Once this has been submitted and processed, the employer must try and initiate a good faith recruitment to see if any qualified American workers apply and meet the job requirements. The employer is expected to advertise the position in the local newspaper, post the job opening on the company website and submit the job opening with the New Jersey workforce agency.

If after all that advertising and posting the job opening through all the appropriate avenues yields no qualified and capable potential American worker, then the employer must fill out and submit an ETA-9089 form, more commonly known as a PERM application, to the US Department of Labor. Even though the PERM application can be submitted electronically, the US Department of Labor can take up to several months to process the application. Once the application is approved, there are 180 days for the employer to submit an I-140 visa petition to the United States Citizenship and Immigration Services (USCIS) to allow the foreign national employee to begin working and legally staying in the United States.

With all the complex steps and multiple forms and applications, having a successful and experienced labor certification attorney will help guide you throughout the submission process and make sure all requirements are filled. At the Law Offices of Jef Henninger, Esq., our highly skilled Atlantic City PERM application attorneys are available any time for a free initial consultation. Call us at 732-383-6242 to see what our experienced immigration law firm can do for you.

What can I do if I am facing immigration detention?

New Jersey Detention Defense Lawyers

Tens of thousands of illegal foreign nationals are put into detention throughout the country. Some of these would-be immigrants can’t make bail or are being held without bail. Many of these prisoners have not committed a crime but are just being charged for being in the country illegally or having violated their immigration status. If you are facing immigration detention, it is crucial and highly important to know what rights you are entitled to. Regardless to public opinion, you still have some rights and legal protections. To see what rights you are entitled to, contact a seasoned detention defense attorney as soon as possible. At the Law Offices of Jef Henninger, Esq., our experienced team of Elizabeth detention defense attorneys are available for a free initial consultation any time, even on nights and weekend. Call us to schedule an appointment at 732-383-6242.

How do I obtain a green card from outside of the United States?

New Jersey Consular Processing Lawyers

If you are not currently residing in the United States, or happen to be in the country illegally, you will need to apply for legal permanent residency through the United States Embassy or Consulate within your home country. When the visa petition is filled out by either your employer or relative who is is a United States citizen and approved by the United States Citizenship and Immigration Services (USCIS) the petition will be sent to the US National Visa Center. When the priority date gets close, the US National Visa Center will ask for the filing fees and to submit the rest of the paperwork for the immigrant visa interview. Once this is complete, the US National Visa Center will send your paperwork to the US Embassy or Consulate in your home country. They will they schedule you and your family for the interview.

Once the immigrant visa and any waivers that may be needed are approved, you and your family can then travel into the United States. You then can look at working towards achieving legal permanent residence in the country. With so many steps involved towards being a legal resident in the United States, the Law Offices of Jef Henninger, Esq., highly suggest hiring a knowledgeable, experienced consular processing attorney. Our skilled, experienced Union County consular processing attorneys have represented clients all over the state of New Jersey and have a vast knowledge and years of experience in immigration law. Call us any time at 732-383-6242 to use our free initial consultation.

Can I adjust my status to become a permanent resident in the US?

New Jersey Adjustment of Status Attorneys

Foreign nationals who qualify to become a permanent resident may be able to obtain a green card without having to leave the United States. The process of doing this is known as an adjustment of status. The foreign national who is applying for the adjustment status, he or she is also applying for a work permit (EAD) and a travel permit, if the applicant is considered eligible. The main factor towards applying for an adjustment of status is that the applicant must be in the country legally and has done nothing to jeopardize or violate their immigration status.

But, like with most laws, there are some exceptions. For example, section 245(i) states that certain persons with old priority dates can pay a penalty fee to adjust their status, even if they have entered the country illegally or have violated their non-immigrant status. Another example is section 245(k) which allows the applicant who is applying and also plan to be pursuing an employment-based immigrant visa petition, can be eligible for the adjustment of status. The only requirement to follow under this section of law is that the applicant can not be out of status for over 180 days. Applicants who have immediate relatives who are US citizens may also receive an adjustment of status, as long as they entered the country legally. They may even not have to pay a penalty fee if they overstayed their visa.

As you can see, having an experienced adjustment of status attorney is a worthwhile investment as it can possibly save you from paying penalty fees, or getting denied. At the Law Offices of Jef Henninger, Esq., the highly skilled, tenacious adjustment of status lawyers in our law firm will fight for your right to stay in the country and help you become a legal permanent citizen. Reach out to our Somerville adjustment of status lawyer any time, even on nights and weekends, and schedule a free initial consultation at 732-383-6242.

How do I obtain an investor visa?

New Jersey E-2 Treaty Investor Visa Lawyers

An E-2 treaty investor visa is for foreign nationals, where their home country has a commercial treaty with the United States, who plan to come to the US to develop and guide the operations of an industry that they either have invested in or are about to invest a significant amount of capital towards. If the immigrant is already residing in the United States, the I-129 form should be utilized in order to apply for an extension of stay or a change in immigration status or employment. In regards to the change of employment, this will not require a petition if the foreign national is living outside of the country at that time. If that is the case, the foreign investor will need to apply for this category on his or her own to a United States consular office in their home country.

The investment within the American enterprise or industry that the foreign national has placed must be lawfully and legally owned and controlled capital. This investment involved also must be a commercial risk in order to raise profit, and the enterprise or industry be subject to substantial loss if the investment does not go through. When your financial and occupational situations are on the line, retaining an intelligent and resourceful investor visa attorney is crucial. At the Law Offices of Jef Henninger, Esq., our highly proficient Somerset County investor visa attorneys are available any time, even on nights and weekends, to discuss the details surrounding your application for a E-2 treaty visa. Contact us today at 732-383-6242 to use our free initial consultation.

How do I get a green card through marriage?

New Jersey Marriage Green Card Attorneys

Thought to be one of the quickest way to receive lawful permanent residence within the United States, is through marriage to a US citizen. Once married to a US citizen, the spouse is considered an immediate relative under the law, which exempts them from any quota restrictions in obtaining a green card through marriage.

The US citizen in the marriage begins the process of achieving a green card for his/her spouse by filling out and submitting a I-130 visa petition. If the foreign national spouse had legally entered the country, an adjustment of status can be filed, also known as a I-485 packet, without needing to leave the country. The spouse will then receive an Employment Authorization Document (EAD) within 90 days, and can possibly be eligible for an Advance Parole document to allow him/her to travel outside of the US.

However, if the immigrant spouse entered the country illegally or without inspection, that spouse may need to apply for the green card while outside of the US. But, they may also be eligible to apply for a provisional waiver while in the US.

In order to receive a green card, the marriage between the US citizen and immigrant must be true and provable. Ways that can help prove the marriage is through a wedding reception where the US citizen’s family is present, both people file their income tax returns together, if the couple has a child together as well as if the couple are both owners of a residence they share.

If the married couple receives a green card when the marriage is less than two years old, there will be a two year time limit set on the green card. The couple will then need to submit a I-751 form 90 days before the expiration of the two year green card in order to obtain a ten year green card. If the married couple divorces before the two year limit on the green card, the foreign national spouse will need to fill out the I-751 form as a good faith marriage waiver for the joint petition requirement instead.

At the Law Offices of Jef Henninger, Esq., our highly skilled, proficient green card attorneys have helped keep couples together legally throughout the State of New Jersey. Our experienced green card lawyers will walk you through the entire process and make sure all the paperwork is filled out completely and correctly before it is submitted to the USCIS. Call us for a free initial consultation with a Middlesex County green card lawyer at 732-383-6242 today!