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.

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 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.

What visa can I get if I’m a person of extraordinary ability?

New Jersey O Status Attorneys

An O status visa, or an O-1 non-immigrant temporary visa, is eligible for foreign nationals who have extraordinary ability in business, sports, teaching, science or art. The employer looking to hire this foreign individual with extraordinary ability must file Form I-129 with a copy of the contract for the job, a written advisory opinion and any evidence of the individual’s achievements. Evidence for this could be something like a Nobel Prize, having a scholarly article that the individual wrote published in an esteemed journal, or membership in an association in the field of classification. An O-1 non-immigrant temporary visa is also eligible for individuals who have achieved notoriety of extraordinary achievement in media, such as the television or motion picture industries. Just like with filling out the Form I-129 petition for a teaching or science classification, the same evidence must be gathered. However, instead of a Nobel Prize, it could be an Emmy or Academy Award.

If you are looking to get employed within the United States and can demonstrate an extraordinary ability, contact the Law Offices of Jef Henninger, Esq., to speak with one of our professional O status visa attorneys. Our experienced Ocean County visa lawyers will walk you through all the appropriate forms and make sure everything is completed correctly. Use our free initial consultation by calling 732-383-6242 and schedule an appointment today!

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.

Can you obtain a green card through an investment?

New Jersey Investor Green Card Lawyers

An EB-5 green card, also known as an investor green card, are for foreign nationals who invest one million dollars in a new company which creates at least ten jobs for American workers. The only exception to the amount of money required to become eligible for an investor green card is if the company is located in a rural or high-unemployment area, which then makes the required amount $500,000.

EB-5 investors don’t always start their own businesses; over 90% invest $500,000 in a Regional Center. The United States government allows 10,000 immigrant investor visas a year to be processed for foreign nationals looking for permanent residency. To make sure you receive one of these investor visas, reach out to a professional investor green card attorney who has decades of experience in the field of immigration law. The Law Offices of Jef Henninger, Esq., schedules free initial consultations and our aggressive Bloomfield investor green card lawyers are available any time, even on nights and weekends, at 732-383-6242. Call our law firm today to see what we can do for you.

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.