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.

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.

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.

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.

How do I get rid of an unlawful presence bar?

New Jersey Waiver Lawyers

The United States Congress passed a law in 1996 that bars foreign nationals from entering the country who have previously been in the country illegally for certain periods of time. For example, if you are a foreign national who had been in the United States illegally for 180 days or more after April 1, 1997 and then left the country, you cannot enter the United States for three years. If you had been in the United States illegally for a year or more after April 1, 1997, then you can’t enter the United States for ten years! These restrictions apply to individuals who have entered the country illegally who try to reenter the country after being deported. And if you are an illegal alien who has committed fraud, you can be barred from entering the United States for life. The only way around these restrictions is to apply for a waiver.

To receive a waiver, Form I-601 needs to filled out and submitted to USCIS. This form must demonstrate that another American citizen or legal permanent resident would experience extreme hardship unless the waiver was accepted. In order to make sure to stress the need for this foreign individual to return to the United States is projected properly, hiring a smart, tough waiver attorney is in your best interest. At the Law Offices of Jef Henninger, Esq., our team of highly skilled Essex County waiver lawyers are available for a free initial consultation any time, even on nights and weekends. Call our 24/7 hotline at 732-383-6242 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 a green card through amnesty?

New Jersey Amnesty Lawyers

Back in 1986, a law was passed which allows unlawful foreign national residents who have been in the country before 1982 to obtain a green card by applying for amnesty. The United States Citizenship and Immigration Services (known as the INS back then) became very critical and strict when implementing the law, which caused the Federal Court to create some regulative procedures. Due to this law and the success of the lawsuits that followed, millions of undocumented, unlawful foreign nationals could now apply to become legal American citizens.

If you or a loved one is a foreign national who has been in the country illegally from before 1982, you can apply for a green card under amnesty. At the Law Offices of Jef Henninger, Esq., our tenacious, highly skilled amnesty lawyers can represent clients in any court in New Jersey. To see what our law firm can do for you, schedule a free initial consultation with one of our experienced Bergen County amnesty attorneys at 732-383-6242.

What is asylum?

New Jersey Asylum Attorneys

If you are a foreign national who is afraid of unjust persecution in your home country due to differing political opinion, nationality, race, religion or your membership in a specific social group, you may be granted the status of asylum. Asylum allows foreign nationals to stay within the United States so they don’t need to face unfair persecution in their home country. A foreigner living outside of the United States can also apply for this refugee status as long as they follow under the same criteria listed above, thanks to The Refugee Act of 1980.

The origin of the individual’s “fear of persecution” must be the individual’s home country government or a political or social group that the home country’s government is known to not have any control over. Proving that the individual applying for asylum status has also experienced past persecution either by their home country’s government or uncontrollable group in the home country, it helps establish why there is a fear of persecution. Then the individual asylum applicant must do what they can to prove that the initial circumstances of the past persecution have not changed since then and that further persecution will occur once the individual returns to their home country or show that in relocation of the individual to another part of the home country is not a reasonable solution as the persecution is still likely to occur in that area.

If the foreign national applying for asylum already has legal immigration status in the United States, he or she must submit form I-589 with the United States Citizenship and Immigration Services (USCIS). If the asylum application happens to get denied, the individual can still remain in the United States with their previous immigration status in tact. However, if the individual applying is a foreign national who is here illegally, he or she may be taken to Immigration Court and risks removal from the country in the event their asylum application is denied. But, this individual may be able to withhold removal and be eligible to apply for the Convention Against Torture. Even though this will keep the individual in the United States, it does not necessarily lead to permanent residency.

Given what is at risk, obtaining a professional and experienced asylum attorney is critical towards your own personal safety and freedom. Don’t settle for sub par legal representation when your life is on the line. The Law Offices of Jef Henninger, Esq., has numerous decades of experience and has a team of tough, smart New Jersey asylum lawyers ready to fight for you. Contact us at 732-383-6242 to schedule a free initial consultation today!