USA and the UK
- nderstanding US Immigration Law
- Types of Immigration
- Family-based Immigration
- Employment-based Immigration
- Understanding Your Rights as an Immigrant
- Why Do You Need an Immigration Lawyer?
- Finding the Best Immigration Lawyer for Your Case
- Why Choose IAS for Your Immigration Case?
- Frequently Asked Questions
Understanding US Immigration Law
US immigration law, primarily dealt with at the federal level, determines who can live and work in America. As part of the process, permanent residents who wish to become American citizens must also undergo naturalization.
For those who lose their status or enter or remain in the country illegally, immigration law instructs them on detention, prosecution and the possibility of deportation. The three major government agencies enforcing immigration law are:
- US Citizenship and Immigration Services (USCIS) handle applications to become United States workers, residents, or citizens.
- Immigration and Customs Enforcement (ICE) investigate immigration law violations and enforce them.
- Customs and Border Protection (CBP) maintain and strengthen the country’s borders.
Contact our Immigration Attorneys in Jersey City
Here at IAS, our team of immigration attorneys in Jersey City is committed to offering reliable legal advice to those who wish to travel from and to the United States.
Our lawyers in Jersey City are passionate about helping people to achieve their immigration goals. Whether you wish to work in the United States or join your family in this country, we are happy to help.
Immigration Advice Service101 Hudson Street Jersey City NY 07302
Immigration is basically divided into family and business-based categories. The former is the process by which a person is sponsored for permanent residence in the US by a parent, spouse or other qualifying family member.
The latter is the process by which a person obtains temporary or permanent residence through investment, employment, or self-employment.
Another immigration route is refugee and asylum-seeking. This involves people who cannot return to where they came from due to unsafe conditions or persecution.
- Family-based Immigration
- Employment-based Immigration
Family-based immigration permits American citizens to file a petition on behalf of anyone considered an immediate relative. It requires both you (the American citizen) and your relative (the visa applicant) to follow the necessary steps to immigrate to the U.S.
You should note that the application process depends on the immigration status of your family member (whether your family is in the US or outside the US). Below are the categories of people eligible for family immigrant visas:
- Immediate relative: This visa category is unlimited and meant for close relatives of American citizens, like spouses, parents, or unmarried children under 21.
- Family preference: This limited option is reserved for:
- Other relatives of a U.S. citizen, like siblings, married children or cousins
- The spouse and unmarried children under the age of 21 of legal permanent residents (Green Card holders)
To apply for permanent residence for a family member, you will need to submit Form I-130 to USCIS.
Employment-based immigration is for those seeking business or work opportunities in the U.S. It is divided into five preference categories, each demonstrating specific terms and conditions for entering and remaining in America. The five preference categories are:
Employment First Preference (E1)
As a non-US national, you are eligible for an employment-based first-preference visa if you have extraordinary ability. These types of visas are granted to:
- Persons with extraordinary ability in the sciences, arts, education, athletics, or business
- Outstanding professors and researchers (who are recognized internationally) with at least three years’ experience in research or teaching
- Multinational managers or executives who have been employed for at least one of the three preceding years by the overseas affiliate, parent, branch or subsidiary of the U.S. employer.
Employment Second Preference (E2)
Applicants in this category must generally have a labor certification approved by the Department of Labor. In addition, a job offer is required and the American employer must file an immigrant petition for an alien worker and submit Form 1-140 on behalf of the applicant. Those who qualify for this visa include:
- Professionals holding an advanced degree or a baccalaureate degree with at least five years of progressive experience in the profession.
- Persons with exceptional ability in the sciences, arts or business.
Employment Third Preference (E3)
Applicants in this category must have an approved immigrant petition for an alien worker and submit Form I-140, filed by the prospective employer.
Employment Fourth Preference (E4)
Applicants must be the beneficiaries of an approved petition for Amerasian, widowed, or special immigrant status, except for certain employees or former employees of the U.S. government abroad. They must fill out and submit Form I-360.
Employment Fifth Preference (E5)
This visa category is for immigrant investors, basically for capital investment by foreign investors in new commercial enterprises in the United States that provide job creation.
Understanding Your Rights as an Immigrant
There are rules designed to strengthen trust between law enforcement officers and immigrant communities in the state of New Jersey. In New Jersey, under the new rules, state and local law enforcement officers are limited in what assistance they can provide to federal immigration authorities, which includes ICE.
For instance, the rules did not permit a New Jersey police officer to stop, search, question, detain, or arrest an individual simply because they thought the person might be undocumented. Also, police officers cannot inquire about an individual’s immigration status except in rare cases involving specific criminal investigations.
Why Do You Need an Immigration Lawyer?
The reasons for hiring an immigration lawyer are varied but include:
- Immigration laws and regulations change constantly
- Updates on several new immigration programs available to non-nationals who want to move to the country permanently
People are often confused and overwhelmed when applying for their immigration applications, as they are not fully updated with the current immigration rules and may not be able to thoroughly explore the various immigration schemes all by themselves.
A company that wants to hire a non-US national must get authorization from both immigration and labor authorities. This is indeed a complex process that may requires the support of an experienced lawyer used to dealing with different government agencies.
It can be very important to hire an immigration lawyer to give guidance in obtaining your visa. By choosing the right lawyer your immigration process will be smoother and you may avoid lengthy delays.
In addition, immigration lawyers’ work doesn’t end after obtaining your visa or other government authorization. When you enter the country, there are mandatory responsibilities you and/or your employers must comply with. These include registration with the local police, tax or social insurance authorities.
Failure to comply with these responsibilities can mean penalties, fines, and restrictions on your future travel. If you’re an employer and you don’t comply with your responsibilities, your ability to sponsor additional foreign nationals may be withdrawn.
At IAS our immigration lawyers in New Jersey focus on assisting individuals, family members and businesses looking to migrate to or visit the U.S. Call us at +1 844 290 6312 or chat with us online today.
Finding the Best Immigration Lawyer for Your Case
Selecting a New Jersey immigration lawyer requires consideration of several factors. Information that can help you find the right immigration lawyer for your case include:
- Verifying that the attorney is licensed and registered with the state bar association. If a lawyer is licensed, it means they are qualified to practice law in your state.
- Ask about their experience with New Jersey immigration policies and practice.
- Consider the costs. The billing rates of lawyers varies so you should make sure you have a written agreement that outlines how much you can expect to pay.
- Get references as this could help you get a sense of how many cases the lawyer has worked on and how successful they have been.
If you’re looking for a professional to care for your immigration case from beginning to end, contact our immigration law firm at +1 844 290 6312 or visit one of our other locations in the U.S. The Law Office of IAS in New Jersey can help you through the process to achieve a positive outcome.
IAS immigration lawyers are well-informed about the constantly changing immigration rules and regulations. As a team of experts with over a decade of immigration law experience, we always work to provide our clients with the best possible solutions.
We have the best New Jersey immigration lawyers who can help you attain a visa to enter, live, or work in the US. If you are facing deportation or removal, we can provide an effective deportation defense. Our immigration attorneys can help you with your immigration needs. IAS handles all kinds of immigration cases, such as:
- Family-based immigration petitions
- Employment-based immigration
- Permanent labor certifications
- Corporate Immigration
- Immigration Visa
- Permanent residency
- Non-Immigrant Visa
- Immigration appeals
- Immigration and Criminal Defense
- Defense against removal or deportation
Hire a skilled NJ immigration lawyer at IAS today to get support and guidance throughout the complicated immigration process. To be guided through the whole process, call an immigration lawyer New Jersey at +1 844 290 6312. We would be happy to discuss your available options with you and provide you with the best possible solution.
Last modified on July 25th, 2023 at 6:55 am
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It is not always necessary to hire an immigration attorney in New Jersey. However, there are some instances where hiring an immigration lawyer becomes almost compulsory:
- You are confused about the application process.
- If you have a child close to the age of 21. There are different provisions available for people under the age of 21.
- Your application was previously denied.
- You have been deported or barred from entry into the US.
- When you have committed a crime
Immigration lawyers are not typically found in court dealing with cases. They rather serve as mediators between clients and US immigration services. New Jersey immigration lawyers work directly with the US Citizenship and Immigration Services Department (USCIS).
You have to speak with an immigration lawyer. The New Jersey Office of the Attorney General cannot provide legal advice to New Jersey residents. If you are concerned about your immigration status, contact IAS online or call us at +1 844 290 6312.