Blog Archives

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.

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.

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.

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.

How do I obtain a green card from outside of the United States?

New Jersey Consular Processing Lawyers

If you are not currently residing in the United States, or happen to be in the country illegally, you will need to apply for legal permanent residency through the United States Embassy or Consulate within your home country. When the visa petition is filled out by either your employer or relative who is is a United States citizen and approved by the United States Citizenship and Immigration Services (USCIS) the petition will be sent to the US National Visa Center. When the priority date gets close, the US National Visa Center will ask for the filing fees and to submit the rest of the paperwork for the immigrant visa interview. Once this is complete, the US National Visa Center will send your paperwork to the US Embassy or Consulate in your home country. They will they schedule you and your family for the interview.

Once the immigrant visa and any waivers that may be needed are approved, you and your family can then travel into the United States. You then can look at working towards achieving legal permanent residence in the country. With so many steps involved towards being a legal resident in the United States, the Law Offices of Jef Henninger, Esq., highly suggest hiring a knowledgeable, experienced consular processing attorney. Our skilled, experienced Union County consular processing attorneys have represented clients all over the state of New Jersey and have a vast knowledge and years of experience in immigration law. Call us any time at 732-383-6242 to use our free initial consultation.

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 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!

How do I get US citizenship through my parents?

New Jersey Citizenship Attorneys

If you are a child that may have been born abroad, you still may have US citizenship, depending on the citizenship status of your parents and maybe even your grandparents. A knowledgeable, seasoned immigration attorney will need to look at various factors, such as:

  • the laws in place prior to the child’s date of birth.
  • see if both or one of the child’s parents were citizens at the time of the child’s date of birth.
  • see if parents had a physical presence or residence in the United States before the child’s birth.
  • if the parents did not have citizenship, check to see if the grandparents have legal citizenship.
  • see if the child lost citizenship due to previous enacted laws.

As one can see, if one parent was not a legal US citizen, or if the child was born abroad, the claim to the child’s US citizenship may not be that easily defined. With the multiple factors to consider, you can easily get confused if you may be a legal US citizen or not. This is why retaining a professional immigration lawyer who will walk you through the entire process as well as protect your rights, is a worthwhile investment. Contact the Law Offices of Jef Henninger, Esq., today at 732-383-6242 to speak with one of our highly skilled Red Bank citizenship lawyers with our free initial consultation.