Blog Archives

What are the consequences of a criminal charge as a foreign national?

New Jersey Immigration Criminal Defense Attorneys

Each year, many immigrants face removal proceedings due to a criminal charge. However, some of these charges are minor and some have even been committed decades ago. Even though a lot of people feel there is a statute of limitations, for immigrants there is no statute of limitations in connection with removal proceedings. A lot of these offenses are called “aggravated felonies”, even though they are not aggravated or felonies. Other offenses that immigrants may face are “crimes of moral turpitude” such as shoplifting for example. However, due to the immigration consequences for criminal conduct, you may be facing deportation even if you are not convicted!

At the Law Offices of Jef Henninger, Esq., our experienced criminal defense for immigrants attorneys have represented and successfully defended foreign-born persons from getting deported for minor offenses or offenses that occurred years ago. If you or a loved one are facing a criminal charge, make sure you contact our law firm who has experience in both criminal defense and immigration law. Call our Atlantic County immigration criminal defense lawyers anytime to schedule a free initial consultation at 732-383-6242.

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 receive a J waiver?

New Jersey J Waiver Lawyers

A J-1 visa is for non-immigrants who are approved to participate in an exchange program and allows them to stay temporarily within the United States during the program. This kind of visa usually comes with a two year limit, where the non-immigrant will need to return to their home country after two years after the exchange program is completed. However, in some cases it is possible to get a J waiver to help remove the two year requirement.

The exchange visitor will need to follow the two year requirement if they came to the US for graduate medical school, they received money from the US or their home country or their job is listed on the Exchange Visitors Skills List: which is a list the US government utilizes to determine what jobs that are considered necessary to help in the development of the exchange visitor’s home country.

Given the factors above, it is considered very tough to be able to receive a J waiver to create an exception to the two year requirement. This can still be an issue to the foreign national, even if he or she has married a US citizen while staying in the country. Regardless, getting a J waiver is possible, but to increase your chances, hiring a J waiver and visa attorney is in your best interest. Our professional, tough J waiver attorneys at the Law Offices of Jef Henninger, Esq., will help turn your J visa into a J waiver, helping you stay within the country. In order to see what we can do for you, use our free initial consultation by talking to a New Brunswick J waiver attorney any time at 732-383-6242.

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!