Finding Immigration Lawyers in New Jersey

Immigration laws can cover a wide range of different legal issues. In the state of New Jersey and elsewhere, certain immigration issues frequently arise, including all of the following and more.

Permanent Visas (Green Cards)

A permanent resident is an immigrant who is not yet a citizen but is allowed to remain in the U.S. indefinitely. Permanent residency is the first step toward citizenship. Permanent residents enjoy many rights that are not available to persons with many other types of immigrant visas. These include:

• Living permanently anywhere in the United States
• Legally applying for work in the U.S.
• Petitioning for their spouse or unmarried children to immigrate to the U.S.
• Obtaining government benefits, including Social Security and Medicare
• Obtaining a driver’s license

Issues that come up concerning permanent residence visas include:

• Do you qualify for a green card?
• How do you apply?
• Once you’ve got permanent residence, what could cause that to be taken away?

Temporary Visas

Temporary visa law is quite complicated. There are nineteen major categories of temporary visas, and more when counting such visas as those for a spouse or child to accompany the primary visa holder. Each type of visa relates to a specific purpose, such as work, study, or tourism. The evidence needed to qualify for a temporary visa varies depending on the class of visa.

Issues that come up concerning temporary visas include:

• What category of visa would be best for you?
• What types of information and proof will you have to provide?
• Do you need any type of certification before you can apply for a visa?

Adjustment of Status Requests

Adjustment of status is a process by which foreign nationals already living in the U.S. may apply for permanent residence. There are numerous categories of eligible persons to apply for adjustment of status. Some examples are:

• Someone who came to the U.S. on a work visa and is being sponsored by their employer for a green card;
• Someone who came to the U.S. with a visa to visit their fiancé and who is now married to a U.S. citizen or permanent resident
• Someone who obtained asylum in the U.S.

Issues concerning the adjustment of status applications include:

• Do you qualify to adjust your status?
• Have you overstayed a visa (stayed longer than the visa allowed)?
• How do you apply for an adjustment of status?

Removal (Deportation) Hearings

Removal, formerly known as deportation, is the legal process by which foreigners who don’t have permission to be in the United States are transported back to their home country.

A visitor to the U.S. may be subject to removal for various reasons, such as failing to obey the terms of their visa, committing marriage or green card fraud, or being convicted of a criminal offense. The most common reason for removal is usually due to a violation of immigration law – most often, by crossing into the United States without appropriate permission.

Issues include:

• Have I violated immigration law?
• Did I commit fraud on my visa application?
• Am I addicted to drugs?
• Did I collect some form of government assistance?
• Will I have to go to a detention facility? How long will I have to be there? What do I have to do to get out?

Work Visas and Other Employment-Related Immigration Needs

Employment visas permit citizens of foreign countries to work in the U.S. temporarily. Typically, a U.S. employer must sponsor the worker for relocation to the U.S. for a limited period of employment. Employment visas are occasionally referred to as work visas or work permits. The U.S. government caps the number of employment visas issued each year.

Issues include:

• Which of the many categories of work visas would be best for you?
• How does your employer sponsor you for a work visa?
• Once the employer’s petition to sponsor you is granted, what steps do you need to take?

Asylum or Refugee Status

Political asylum may be granted to individuals already in the United States and fearing persecution in their home countries. Refugee immigration status, on the other hand, is for individuals who wish to come to the United States because of fear of persecution in their home countries.

Issues that arise about asylum and refugee claims include:

• How to obtain proof of the persecution
• Can you show that your home country has persecuted you due to your race, nationality, political opinion, religion,
• or membership in a particular social group?

Citizenship Applications

Common issues concerning U.S. citizenship include:

• Do I qualify?
• How do I apply?
• How long does it take?
• What do I have to do besides applying?

Hiring Immigrants and Maintaining Proper Records

To be legally hired, all employees must present their employer with proof of their legal right to work in the US. Every new employee must complete Form I-9. The I-9 confirms an employee’s eligibility. The employer must keep a file with all its employees’ forms.

The significance of employee verification has become increasingly important as national security concerns have grown. Consequences for violations by employers have become more severe. Among the sanctions for employing an unauthorized immigrant are the following:

• The employer’s license to do business may be suspended or revoked
• Criminal charges if there is intentional behavior (such as assisting in the deception of an immigration authority)
• Fines for criminal behavior
• For egregious cases of repeat offenses, possible jail time

Questions concerning employee verification include:

• What records must I keep to prove that my employees have the right to work in the United States?
• If my company’s I-9 forms are not in order, do I have a “good faith” defense?
• What if the mistakes were not intentional?

What Do Immigration Lawyers Do?

Immigration lawyers help clients analyze their immigration possibilities; interpret the law; strategize desired outcomes; and guide them (or, if applicable, their sponsoring family member or employer) through every step of the often complex process of obtaining an immigration benefit.

They ensure the information presented to the U.S. government is complete, accurate, and thorough. This includes preparing forms, collecting documents, and preparing supporting statements such as employer letters. An immigration lawyer may work with an employer to help ensure that they follow hiring laws regarding their workers’ valid work visas.
Last, an experienced attorney knows what to expect from the U.S. government. The attorney will know how to minimize or deal with the inevitable delays and what issues to prepare for to make sure applications don’t get held up on legal technicalities or mistakes.

Do I Need a Lawyer for Help with Immigration Issues?

You may wish to hire a qualified immigration lawyer in New Jersey if you or a loved one needs assistance with an immigration issue. Your attorney can provide advice and guidance so you know what steps you need to take, so you don’t miss any deadlines or important dates.

A qualified New Jersey immigration lawyer in your area will be able to answer your questions and guide you throughout the legal process. They can ensure that your legal rights are protected and that you stay informed of all the correct form and requirements for your case.