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Immigration

If You Have Immigrations Questions, You Need to Speak with a New Jersey Immigration Lawyer from Our Firm

Immigration Law is a tricky legal area that leave many individuals with unanswered questions. Below are some of the common questions that clients ask when they meet with New Jersey immigration lawyer from our firm.

What can I do if I'm denied asylum? 

If an individual is not eligible for asylum, he or she may file an application for Withholding of Removal or Withholding of Removal under the Convention Against Torture (CAT).  These applications are held to higher burdens of proof than asylum applications in order to be successful.   Also, individuals granted Withholding of Removal or Withholding of Removal under the Convention Against Torture (CAT) are not permitted to adjust their status to that of a permanent resident.  

How are BIA appeals handled? 

When a Respondent (a defendant in the immigration court) loses her case, an appeal may be made to the Board of Immigration Appeals (BIA) in Falls Church, Virginia.  There are strict time limits placed on filing such appeals.  Therefore, you should seek the advice of a qualified immigration attorney to handle this crucial step in the immigration process. 

Most matters heard by an immigration judge are reviewed by the BIA.  Other decisions are reviewed by the Department of State or the Department of Labor.

Is Consular Processing an option for me?

When adjustment of status is not an option, an individual must apply for an immigrant visa and process through a U.S. consul overseas.  At the end of this process, the applicant then goes to the United States for admission as a lawful permanent resident.

Some individuals may require an inadmissibility waiver to enter the United States based on consular processing.  This is an extremely complex and daunting period of the process.  Many individuals and their families are anxious and scared.  Our immigration lawyers in New Jersey guide the individual through this arduous process completely. 

How do the immigration "lottery" work?

The Diversity Lottery Visa is a limited visa that is available on a “lottery” basis. This process is outlined annually by the US State Department. It is for individuals from countries from which visas are not readily used. But a person must not be out of status in the United States if they wish to use this visa. Also, individuals overseas who use this visa must be admissible to the United States.

Can I immigrate to the US because my relative is a citizen?

US citizens and lawful permanent residents are able to file for most immediate relatives to immigrate to the United States.  Many different procedures are involved. Different waiting times need to be recognized during such a process.  Not all family relationships are recognized for purposes of immigration to the United States.  An individual can file for his or her own parents or siblings. But a grandchild, for instance, could not petition for a grandparent. And a niece could not petition for an aunt or uncle. 

Is getting a job in the US enough for me to get citizenship? 

Gaining employment in the US is a great way to enter the US. Though employment visas are most common, similar options are available. (It is worth noting that many clients ask for a labor certificate, but these fall under employment visas.)

In very specific instances, some people may qualify for Extraordinary Ability visas. If you believe that you possess an extremely unusual quality that could benefit the United States, our New Jersey law firm could help you in determining if you are eligible for such a benefit.

What happens if I'm facing deportation?

When the U.S. government attempts to deport an individual, that person is placed into Removal Proceedings. These are conducted at an immigration court before a federal immigration judge. 

In many instances, a person is able to successfully state his or her defense before the immigration court.  The key is finding a New Jersey immigration attorneys who are experienced working in the system who can identify appropriate means of relief from deportation. 

Knowledgeable Advocacy From Your New Jersey Immigration Lawyer

By enlisting the services of a New Jersey immigration lawyer at the law firm of Helmer, Conley & Kasselman, P.A., you will receive experienced and skilled representation in all of your immigration law needs. We handle a wide variety of immigration issues, including the following types of cases:

  • Abused spouse self-petitions – The Violence Against Women Act permits abused spouses and children of U.S. citizens and lawful permanent residents to petition for citizenship on their own behalf.
  • Adjustment of status – The adjustment of status process allows persons who are already lawfully present in the United States to obtain permanent legal residency, or a green card, without leaving the country. This process is best handled with the assistance of an experienced NJ immigration lawyer.
  • Asylum – A person who fears persecution if returned to his or her home country may seek to stay in the United States through the asylum process, which is often complex.
  • BIA appeals – If you lose your case in immigration court, you can file an appeal with the Bureau of Immigration Appeals. As immigration appeals are time-sensitive, you need the help of a New Jersey immigration lawyer to proceed.
  • Bond hearings – If you are detained by U.S. Immigration & Customs Enforcement (ICE), you can request a bond hearing. If the immigration court sets bond for you, you can be released from detention while your immigration case is going on.
  • Consular processing – If you are not eligible for the adjustment of status process, you must leave the United States and apply for lawful permanent residency through a U.S. consulate in your country.
  • Criminal representations of aliens – Non-citizens who are convicted of some crimes become subject to removal from the United States, or deportation. In this case, you must retain the services of a seasoned NJ criminal attorney who also has experience with immigration issues.
  • Diversity lottery process – The Diversity Lottery Visa is a program that the United States uses to make some visas available for people from countries where visas are not readily used, and who are otherwise eligible to enter the United States.
  • Deportation - Many immigrants and their families live in New Jersey. Some are undocumented or out of status and may need a New Jersey deportation attorney.
  • Employment-based immigration – If you are interested in seeking a visa based on employment status, you will need the help of an experienced New Jersey immigration attorney, as this area of the law is currently undergoing significant changes.
  • Extraordinary ability immigrant visas – Under this visa program, some immigrants may be eligible for visas due to their unusual abilities.
  • Family-based immigration – One of the most common types of immigration occurs on the basis of family members already residing in the United States as U.S. citizens or lawful permanent residents.
  • Fiancée visas – A U.S. citizen can file for a visa that allows his or her fiancé(e) to immigrate to the U.S. for the purposes of marriage.
  • Green Cards and U.S. Residency - Becoming a permanent resident is one of the primary pathways to eventual U.S. citizenship. But you will need an experienced lawyer to guide you through the complex application process.
  • Inadmissibility waivers – Some people are automatically inadmissible to the United States for various reasons, including a criminal background. However, our NJ immigration lawyers can request a waiver of inadmissibility on behalf of an otherwise inadmissible person.
  • Labor certifications – Visas based on labor certifications are the same as visas based on employment status.
  • Naturalization process – Immigrants legally residing in the United States can undergo the naturalization process in order to become U.S. citizens, which involves a number of different requirements.
  • Removal hearings – Removal is the term now used to refer to the deportation of an immigrant from the United States, which can occur for many different reasons. At a removal hearing, you must prove why you should not be removed from the United States.
  • Student (F) visas – When a person is in the United States in valid nonimmigrant status, a F1 student visa permits that person to attend college.
  • TPS (Temporary Protected Status) from eligible countries – People from certain designated countries are able to live and work in the United States without fear of removal so long as their country maintains TPS.
  • Visa extensions – In most cases, a skilled NJ immigration lawyer will be able to assist you in obtaining an extension of your visa without you having to leave the United States.
  • Withholding of removal – If you are an undocumented immigrant seeking to remain in the United States and you do not qualify for asylum, you also can file for relief through the withholding of removal process.
  • Withholding of removal (CAT-Convention Against Torture) – If you are an undocumented immigrant seeking to remain in the United States and you do not qualify for asylum or withholding of removal, you also can file for relief through the withholding of removal process under the CAT.

If you are facing any type of immigration issues, the New Jersey immigration lawyers of Helmer, Conley & Kasselman, P.A., can help. Contact our office today for a consultation regarding your immigration case.

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