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.

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.

What do I need to do to get employed as a religious worker in the United States?

New Jersey Religious Worker Lawyers

To receive a religious worker green card, there are some requirements you must fall under. For example, you must have been a member of a non-profit religious denomination for two years, must have been working in a religious occupation for the two years, like as a minister or priest of the religion, and you are looking for entry into the United States to continue your religious occupation of the American employer’s denomination. In order to apply for this green card, either you or your employer needs to fill out and submit Form I-360 to the United States Citizenship and Immigration Services (USCIS). Along with the form, you must also provide the USCIS with proof of the religious organization being a non-profit and a letter from an official of the religious denomination in the United States. Depending on what you religious job you are applying for, such as continuing your professional as a minister or priest or changing to another type of religious vocation, the letter should speak of your qualifications, your previous two years in the religious denomination and what your job in the United States will entail.

Having an experienced, seasoned religious worker green card attorney is in your best interest and will make the entire process much simpler. At the Law Offices of Jef Henninger, Esq., our highly skilled and battle-tested religious worker green card lawyers are ready to work with you and help in getting you to practice your religious duty within the United States. Schedule a free initial consultation with our law firm at 732-383-6242 any time, even on nights and weekends, to get started with a Toms River religious worker green card attorney!

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!

What type of visa do I need for employment?

New Jersey Employment Visa Attorneys

If you are a foreign national who wants to work in the United States, hiring a professional and knowledgeable immigration attorney is in your best interest. Employment based immigration is very complex and can involve numerous government agencies. Between dealing with the Department of Labor, Department of State, Department of Homeland Security and the United States Citizenship and Immigrant Services (USCIS) as well as the option for a temporary visa or permanent visa (PERM), it is a lot for someone who is not experienced in immigration law to handle. There are visas that are for specific types of occupations, such as religious work, athletes and entertainers, professionals, trainees, or even persons of extraordinary ability. At the Law Offices of Jef Henninger, Esq., our highly skilled employment based visa attorneys will work with the governmental agencies, your employer as well as letting you know which type of visa you are eligible towards, permanent or temporary. Schedule a free initial consultation with a Toms River immigration lawyer at 732-383-6242 and let us guide you through the visa and petition process for the best possible result.

How do I get a H-1B Visa?

New Jersey H-1B Visa Attorneys

To receive a H-1B temporary visa, you must be a foreign national looking to work in the United States in a professional career. Sometimes fashion models can also be considered for this kind of visa if they are of exceptional merit and ability. The more common occupations for a H-1B temporary visa are for computer professionals, doctors, teachers, CPA’s, engineers and architects.

There is an annual cap on how many H-1B visas are accepted, which is set at 65,000 each year. However, there are an additional 20,000 that are reserved for people with doctorates, and other types of advanced degrees from US colleges. The United States Citizenship and Immigration Services (USCIS) begins to accept H-1B petitions from employers on April 1st. Once these petitions are approved by the USCIS, the foreign national can obtain the H-1B visa or change their immigration status to start their employment on October 1st.

One important note to keep in mind is that there are also many H-1B jobs that do not fall under the numerical cap set by the USCIS. Those jobs that are known as “cap-exempt H-1B jobs” are occupations that include people who work at schools and universities, doctors who have received J waivers, research institutions for the government and non-profit businesses. If you are seeking employment in the United States, or if you are an employer looking to hire an immigrant for your business, make sure you talk to a knowledgeable H-1B visa attorney. The Law Offices of Jef Henninger, Esq., has a team of Ocean County visa lawyers who are available any time for a free initial consultation. Call us at 732-383-6242 to see what we can do for you today!