Immigration

New Jersey Immigration Attorneys

Immigration policy has drastically changed over the last few years.  People who entered this county legally and who have lived here peacefully for many years are now being threatened with removal proceedings.  In addition, the demand for foreign workers has far exceeded the limited number of work visas available.  Thus, it can be difficult to many to navigate the numerous forms, procedures and hearings by yourself.  Getting a team of tough, smart attorneys on your side can make the path to citizenship much easier on you and your family.  The most common immigration issues that we see are visa applications, green card applications, citizenship assistance and removal (deportation) proceedings.

Visa

A visa is a a mark or stamp put on a passport by the authorities of a country to show that the bearer may travel to, or in, that country.  There are more than 20 nonimmigrant visa types for people traveling to the United States temporarily. There are many more types of immigrant visas for those coming to live permanently in the United States. The type of Visa you need is determined by the purpose of your intended travel.  Two of the most comon visas are student visas and work visas.

Student Visa

The Immigration and Nationality Act provides two nonimmigrant visa categories for persons wishing to study in the United States. The "F" visa is reserved for nonimmigrants wishing to pursue academic studies and/or language training programs, and the "M" visa is reserved for nonimmigrants wishing to pursue nonacademic or vocational studies.

• Foreign students seeking to study in the U.S. may enter in the F-1 or M-1 category provided they meet the following criteria:
• The student must be enrolled in an "academic" educational program, a language-training program, or a vocational program;
• The school must be approved by U.S. Citizenship and Immigration Services (USCIS);
• The student must be enrolled as a full-time student at the institution;
• The student must be proficient in English or be enrolled in courses leading to English proficiency;
• The student must have sufficient funds available for self-support during the entire proposed course of study; and
• The student must maintain a residence abroad which he/she has no intention of giving up.

Work Visa

Prospective workers (beneficiaries) outside of the country generally must apply for a visa upon approval of the petition. Prospective workers in the U.S. who are not in a valid nonimmigrant status or who have not continuously maintained their status must also apply for a visa upon approval of the petition. After the I-129 is approved and notice is sent to the consulate in the beneficiary's country, the beneficiary must file a visa application with the consulate. Some aliens may be visa exempt. In those cases, the I-129 approval notice is presented to the port of entry (POE) where the beneficiary intends to apply for admission. 

If the beneficiary is already in the U.S. and is eligible to change from one nonimmigrant status to another, a visa is not required. However, a visa may be required if the beneficiary subsequently leaves the U.S. and wishes to re-enter under the same nonimmigrant classification indicated on the most current I-129 approval notice.

Entry into the U.S.

Applicants should be aware that a visa does not guarantee admission into the United States. The U.S. Customs and Border Protection (CBP) has the authority to deny admission at the port of entry to any applicant who is inadmissible under the INA, even if the applicant has a visa. Also, the CBP, not the consular officer, determines the period for which the bearer of a temporary work visa is authorized to remain in the United States. At the port of entry, CBP officials issue Form I-94, Record of Arrival-Departure, which notes the length of stay permitted. The decision to grant or deny a request for extension of stay, however, is made solely by the USCIS.

Maximum Stay Information for Temporary Employment Visas

Permanent Resident Card (Green Card)

The Permanent Resident Card, Form I-551, is issued to all Permanent Residents as evidence of alien registration and their permanent status in the US. The card must be in your possession at all times. This requirement means that you are not only required to have a currently valid Form I-551 at all times, but also that you must carry your currently valid Form I-551 on your person at all times. The Permanent Resident Card currently is issued with a 10-year validity. You status as a Permanent Resident does not expire with the 10-year validity. Only the card expires. The card is only valid up to the expiration date and must be renewed before it expires.

A Conditional Permanent Resident is issued a card valid for two years. In order to remain a Permanent Resident, the Conditional Permanent Resident must file a petition to remove the condition during the 90 days before the card expires. The conditional card cannot be renewed. The condition must be removed or you lose your permanent resident status. (See Form I-751 and Form I-829.)

The Permanent Resident Card (either unconditioned or conditioned) can be used to prove employment eligibility in the US when completing the Form I-9 for a new employer. It can also be used to apply for a Social Security Card and a state issued driver's license. The card is valid for readmission to the United States if the trip was not greater than one year in length. If a trip will last longer than one year, a reentry permit is needed.

Citizenship (Naturalization)

Naturalization is the process by which U.S. citizenship is conferred upon a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA). The general requirements for administrative naturalization include:

• a period of continuous residence and physical presence in the United States;

• residence in a particular USCIS District prior to filing;

• an ability to read, write, and speak English;

• a knowledge and understanding of U.S. history and government;

• good moral character;

• attachment to the principles of the U.S. Constitution; and,

• favorable disposition toward the United States.

All naturalization applicants must demonstrate good moral character, attachment, and favorable disposition. The other naturalization requirements may be modified or waived for certain applicants, such as spouses of U.S. citizens.

Deportation, Exclusion & Removal 

Several years ago, the legal process of deporting a foreign national was called "deportation" and concerned a foreign national who was already present in the United States. At that time there also existed "exclusion" which concerned a foreign national who was trying to gain admission into the United States. Today, both deportation and exclusion are now referred to as "removal" proceedings. If someone is determined to be removable, they are subject to receiving a removal order and must leave the United States. Any person who is not a U.S. citizen can be deported from the United States!

Visa Holders and Denial of Entry: Visa holders should be prepared to prove that they are entering the United States for permissible purposes and that they intend to leave in accordance with the terms of their visa. In instances of inspections at the U.S. border, however, foreign nationals can in fact be determined "inadmissible" and will not be allowed entry into the U.S. Those individuals are generally either allowed to withdraw their applications for admission into the U.S. or are simply denied entry into the U.S. and must immediately depart.

Visa Holders and Deportation: The most common reason non-permanent residents (visa holders) are deported/removed is because they entered the U.S. without inspection or without valid entry documents, or because they entered legally on some type of visa, but then overstayed the period of time they were authorized to remain. 

Green Card Holders and Denial of Entry: There are a number of scenarios which will result in refusal of entry to the United States. Lawful permanent residents who have remained outside of the United States for an extended period should be prepared to provide evidence at the port of entry that they maintained a continuous and uninterrupted intention to return to the United States throughout their absence.

Green Card Holders and Deportation: Green Card holders that apply for U.S. citizenship may be found deportable without knowing as a background check is conducted through the naturalization process. Withdrawing a citizenship application will not prevent one from possibly being deported if that person has already been placed into removal proceedings. However, the most common reason a permanent resident (Green Card holder) is removed from the United States is for serious crimes.