Blog Archives

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.

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.

What is the Child Status Protection Act?

New Jersey Child Status Protection Act Lawyers

The Child Status Protection Act (CSPA) was enacted to protect immigrant families from waiting times, so they can stay together with their children. Before the CSPA was created, if the immigrant child turned 21 years old, that child was no longer allowed to adjust status or immigrate with their parents. What the CSPA does is it “freezes the age” of the immigrant children either when a petitioning permanent resident parent naturalizes or when an American parent fills out and files the petition on their child’s behalf. The CSPA can also be enacted when a married foreign child who is petitioned by a US citizen parent, becomes widowed or even divorced. The CSPA also comes with a mathematical formula, which subtracts the amount of time the visa petition is pending from the current age of the child. If you child still happens to age-out, regardless of the mathematical formula or not, the CSPA also provides relief with the automatic conversion clause. The Child Status Protection Act also provides an opt-out measure, if the child so desires.

The CSPA is not only applicable for immigrant children after the law went into effect, but people who had submitted and filed for green cards before August 6, 2002 can also be protected under the CSPA. If you or your loved ones are looking to keep your family together and are afraid that your children may “age-out” with the long pending wait times, contact the Law Offices of Jef Henninger, Esq., as soon as possible. Our seasoned, tough Hudson County CSPA attorneys are prepared and ready to fight to keep you together within the United States. Use our free initial consultation by calling our 24/7 hotline at 732-383-6242.

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.