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Immigration: Understanding Immigration Law Issues

If You Have Immigrations Questions, Our New  Jersey Immigration Law Firm Has Answers 

Immigration Law is a tricky legal area that leave many individuals with unanswered questions. Though we encourage you to review the main immigration pages to learn about specific topics, here are some questions that our New Jersey immigration law firm can provide quick answers for:

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 an attorney who is experienced working in the system who can identify appropriate means of relief from deportation. 

Our New Jersey immigration law firm can help in all cases of removal proceedings and other immigration law matters.  We have much experience in representing individuals before the immigration court and are able to represent individuals in any state in the United States. Call 1-877-Helmer1 today. 



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