Northern New Jersey Non Immigrant Visa Attorney
Employment Based Non-Immigrant Visas
This visa is available for people coming to the United States temporarily to perform services in a specialty occupation or as a fashion model. A specialty occupation is defined as an occupation that requires (a) theoretical and practical application of a body of highly specialized knowledge and (b) attainment of a bachelors or higher degree in the specific specialty (or its equivalent).
This visa is available for people coming to the United States temporarily to perform services as a registered nurse. The nurse may work for up to three years in health professional shortage areasH-2A
This visa is available for people coming temporarily to the United States to perform agricultural labor or services.H-2B
Temporary worker: skilled and unskilled. This visa is available for people coming to the United States temporarily to perform services or labor, other than agricultural work, if unemployed persons capable of performing the service or labor cannot be found in the United States.H-4
This visa is available for the spouses and children of H-1, H-2, and H-3 visa holders.L-1A - Inter-company Transferee
This visa is available for an applicant who, (1) within three years preceding the time of his application for admission into the United States, has been employed continuously for one year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and (2) seeks to enter the United States temporarily in order to continue to render services to the same employer in a capacity that is managerial, executive or involves specialized knowledge. The visa is also available for the applicant's spouse and minor children if they will be accompanying him or joining him at a later time.Permanent Resident Sponsors of Family Members
Lawful Permanent Residents can also apply for a limited class of qualifying family members, but in addition to the rules applicable to immediate relatives of U.S. citizens, the foreign family member must wait until a visa is available in the appropriate category of visa preferences, before any immigration benefit can be obtained. This approval may take months and sometimes years to obtain. If naturalization of the permanent resident occurs during the pendency of the application for the qualifying family member, then visa availability can be accelerated. Jadoo & Zalenski, LLC has extensive experience with all aspects of these processes. Qualifying categories for relatives of Permanent Resident include:
Workers with Extraordinary AbilitiesO-1
This visa is available for applicants who have extraordinary ability in sciences, arts, motion pictures, television, education, business, or athletics, which has been demonstrated by sustained national or international acclaim. The applicant's achievements must have been recognized in the field through extensive documentation.
Alien (support) accompanying O-1. This visa is available to applicants who seek to enter the United States temporarily for the purpose of accompanying and assisting in the artistic or athletic performance of an alien who has been admitted under an O-1 visa. The applicant must be an integral part of the actual performance and must possess critical skills and experience that are not held and cannot be performed by other individuals.
TThis visa is available for spouses and children of O-1 or O-2 visa holders.
Athletes and Entertainers
This visa is available for individual or team athletes as well as entertainment groups. Applicants are permitted to come to the United States temporarily to perform individually or as part of a group.
This visa is available for artists and entertainers in reciprocal exchange programs. The applicant seeks to enter the United States temporarily to perform individually or as part of a group. There must be a reciprocal exchange program between an organization in the United States and an organization in another country. The program must provide for the temporary exchange of artists and entertainers or groups of artists and entertainers.
This visa is available for artists and entertainers in culturally unique programs. The applicant performs as an artist or entertainer, individually or as part of a group, and seeks to enter the United States temporarily for the purpose of performing, teaching, or coaching under a commercial or non-commercial program that is culturally unique.
This visa is available for an applicant seeking to enter the United States for a period not to exceed five years to perform religious related work. The applicant must have been a member for two years of a religious denomination having a bona fide non-profit, religious organization in the United States.
This visa is available for students, scholars, trainees, teachers, professors, research assistants, specialists, or leaders in a field of specialized knowledge or skill, or other person of similar description, who is coming to the United States temporarily for the purpose of teaching, instructing, lecturing, studying, serving, conducting research, consulting, or demonstrating special skills as a participant in a program designated by the Director of the United States Information Agency.
Family Based Immigration
I-130, Petition for Alien Relatives
A citizen or lawful permanent resident of the United States may file an I-130 petition to establish a relationship to certain alien relatives who wish to immigrate to the United States. If the petitioner is a US citizen, the petitioner may file the I-130 Petition for (1) husband, wife or unmarried child under 21 years old; (2) parents if the petitioner is at least 21 years old; (3) unmarried son or daughter over 21 years old; (4) married son or daughter of any age; and (5) brother or sister if the petitioner is at least 21 years old.
If the petitioner is a lawful permanent resident, the petitioner may file the I-130 petition for his or her (1) husband or wife; (2) unmarried child under 21 years old; and (3) unmarried son or daughter over 21 years of age.
K-1, Fiancé(e) of US Citizen
This type of visa is available for a non-immigrant alien coming to the United States to conclude a valid marriage with a US citizen within ninety days after entry.
K-3 and K-4 Visa
This is a new non-immigrant category within the immigration law that allows the spouse or child of a US citizen to be admitted to the United States in a non-immigrant category. The admission allows the spouse or child to complete processing for permanent residence while in the United States. This visa gives those admitted permission to work while they await processing of their case to permanent resident status.
V-1, V-2 and V-3 Visa
This is a new non-immigrant category that allows the spouse or child of a lawful permanent resident to live and work in the United States in a non-immigrant category. The spouse or child may remain in the United States until he or she becomes eligible to adjust status or obtain an immigrant visa, instead of having to wait outside of the United States as the law previously required.
Nicaraguan Adjustment and Central American Relief Act (NACARA)
Nationals from Guatemala, El Salvador, the Soviet Union, Russia, any republic of the former Soviet Union, Albania, Bulgaria, Czechoslovakia, East Germany, Estonia, Hungary, Latvia, Poland, Romania, and Yugoslavia are eligible to apply for suspension of deportation or special role cancellation of removal.
Temporary Protected Status (TPS)
Temporary Protected Status establishes a legislative basis for allowing a group of persons temporary refuge in the United States. Under a provision of the Immigration and Nationality Act, the attorney general may designate nationals of a foreign state eligible for TPS if the country poses a danger to personal safety due to ongoing armed conflict or an environmental disaster. Grants of TPS are initially made for periods of six to eighteen months and may be extended depending on an applicant's situation. Removal proceedings are suspended against aliens while they are in temporary protected status.
Under the Violence Against Women Act (VAWA) passed by congress in 1994, the spouses and children of United States citizens or lawful permanent residents may self-petition to obtain lawful permanent residency. The immigration provisions of VAWA allow certain battered immigrants to file for immigration relief without the abusers assistance or knowledge in order to seek safety and independence from the abuser.
This form of relief is available for applicants who are outside their home country because they are unable or unwilling to return to that country due to persecution or a well founded fear of persecution based on religion, race, membership in a social group, nationality, or political opinion.
Current laws and regulations permit a U.S. citizenship or permanent resident to sponsor certain qualifying foreign relatives for permanent residency. Once permanent residency is legimately obtained and maintained, eventual citizenship for the foreign family member through naturalization is also possible, but not all family members can qualify for permanent residency. Recent changes in rules about illegal immigration can result in adverse determinations, even when a U.S. citizen fiancé or spouse is the sponsor. Dealing with United States Citizenship and Immigration Services, the National Visa Center and U.S. consulates abroad can be frustrating. The rules for obtaining and successfully maintaining permanent residency, and transitioning from permanent residency into citizenship are complicated, sometimes unforgiving, and normally should be attempted only with competent legal advice. Otherwise, costly and sometimes irreversible errors may occur, with far reaching implications for the family members that can include deportation.
Contact Jadoo & Zalenski Law Offices if you need help with any of the above mentioned visas.
Memo on Immigration Accountability Executive Actions
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New Immigration Policy For Dream Act Candidates
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Deferred Action Process for Young People (Ages 15 to 30)
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TPS FOR SOMALI NATIONALS EXTENDED BY THE DHS
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