Immigrating to the United States is a dream shared by many, but navigating the legal landscape without an immigration attorney can be daunting. For residents of New Jersey looking for a knowledgeable New Jersey immigration lawyer to help them, having the right legal guidance can make all the difference. In this blog post, we’ll explore the immigration law services offered by our firm. Consider this a crash course on the basics of family-based and employment-based immigration, as well as an introduction to our firm’s unique approach, and how to leverage our expertise as New Jersey immigration lawyers to achieve your immigration goals.
Comprehensive Immigration Services in New Jersey
With over twenty-five years as an immigration law firm providing immigration legal services, Lee and Garasia, LLC stands out in the realm of U.S. Immigration and Nationality Law. Each of the immigration lawyers in our firm has been practicing for more than twenty-five years. Our exclusive focus on immigration law ensures that we remain at the forefront of the latest policy changes and legal developments–which, these days, happen very frequently. This specialization enables us to provide our clients in New Jersey and nationwide with the most current and relevant legal advice affecting their legal status.
The firm’s comprehensive services cover a wide spectrum of immigration issues, ranging from family-based petitions to employment-based cases to humanitarian based solutions such as VAWA , Parole in Place (PIP) and U Visas. Our deep understanding of immigration law culled from years of field experience allow us to offer strategic solutions tailored to each client’s unique immigration case. Whether you’re seeking to reunite with your family or obtain status through employment in the U.S., a New Jersey Immigration Lawyer at Lee and Garasia, LLC can help guide you through the process.
One of the firm’s distinguishing features is our commitment to transparency and trying to demystify the process to make it as easy as possible for our clients to understand their immigration case. One of our priorities as immigration lawyers is not only to perform our job but also explain complex issues in straightforward terms so that you understand and can assist us in your own case. This approach not only empowers our clients to make informed decisions about their immigration matters but also enables them to help strategize and assist in the preparation of their case. This synergic cooperation, in turn, helps the law firm achieve successful results in our immigration cases with citizenship and immigration services, the immigration court, as well as the consular offices abroad.
Immigration Attorney for Family-Based Immigration
Family ties are among the strongest motivators for immigration, and U.S. immigration law recognizes this by allowing citizens and lawful permanent residents to sponsor family members. The process, however, involves specific requirements and complexities.
U.S. citizens can petition for a wider range of relatives, including spouses, children, and siblings, while lawful permanent residents are limited to sponsoring spouses and unmarried children. Understanding these distinctions is crucial for families planning to reunite in the U.S. Immediate relatives of U.S. Citizens typically experience shorter wait times compared to other family categories. This prioritization underscores the importance of understanding your eligibility. A skilled immigration lawyer can help you to assess when is the best time to apply for naturalization and how a change in your status affects the overall timeline.
Preference Categories for Family-Based Immigration
Family-based immigration under U.S. law is divided into several “preference categories,” each with specific criteria. These categories determine the processing order and availability of visas for relatives. The Immediate Relative category, which includes spouses, parents, and unmarried children under 21 of U.S. citizens, enjoys the highest priority and is not subject to numerical limits. The only time that a petitioner and beneficiary will undergo will be the processing time an agency takes to review and adjudicate the case.
Beyond immediate relatives, there are four additional family preference categories in the immigration system. F1 is the first preference category, reserved for unmarried sons and daughters (21 years and older) of U.S. citizens. F2A and F2B are part of the second preference, with F2A allocated for spouses and unmarried children (under 21) of lawful permanent residents, and F2B for unmarried sons and daughters (21 years and older) of lawful permanent residents. The F3 category is designated for married sons and daughters of U.S. citizens, and F4 is for brothers and sisters of U.S. citizens, provided the citizen is at least 21 years old. Understanding these categories is crucial as they dictate the processing timeframes and visa availability, impacting the reunification timeline for families. Historically, people will experience the longest wait time for F3 and F4 cases. This is due to extreme backlogs and oversubscription, especially in some countries as India, the Philippines and Mexico.
This is where patience and careful planning with your New Jersey immigration lawyer can help. A good immigration attorney can assist you in formulating an overall plan and help you to calculate if and when to apply for citizenship as well as whether or not a beneficiary should get married, and when. Additionally, immigration lawyers will help you to assess whether any children are in danger of “aging out” and whether the family can seek the protection of the Child Status Protection Act or “CSPA.”
Immigration Lawyers for Employment-Based Immigration
The U.S. offers a wealth of opportunities for individuals with extraordinary skills and talents, and employment-based immigration pathways are designed to attract such exceptional individuals. Understanding the available options can open doors to a potential future in the U.S. if family petitions are not viable or too slow.
Employment-Based Immigration Categories
Just as in family-based cases, employment-based immigration to the United States is divided into several preference categories, each targeting specific types of workers and professionals. The EB-1 category is for individuals with extraordinary abilities in fields such as science, arts, education, business, or athletics, as well as outstanding professors, researchers, and multinational executives or managers. The EB-2 category caters to professionals holding advanced degrees or possessing exceptional abilities in their respective fields. This category often requires a labor certification, except for cases where a National Interest Waiver is applicable. The EB-3 category includes skilled workers, professionals, and other workers who meet specific educational and experience requirements.
Understanding these categories is vital for potential immigrants as each has different eligibility criteria, processing times, and application procedures. Moreover, availability of visas can vary, with EB-1 typically having shorter waiting periods, while EB-3 may experience longer delays due to oversubscription. Applicants should work closely with immigration attorneys to navigate these complex processes and determine the best pathway for their individual circumstances, balancing their qualifications, the demand for their skills, and their long-term goals in the United States. A good immigration lawyer will review your credentials with you and help you to realistically assess whether you can meet the criteria.
In most cases, the Extraordinary Ability visas, such as the EB-1 category, are often the most challenging to qualify for. Individuals with extraordinary ability in fields such as business, arts, or athletics must demonstrate that they are at the very top of their field and have a record of achievements that sets them apart from their peers.
At our law firm, we specialize in assisting athletes, particularly those involved in Brazilian Jiu-Jitsu, in navigating the EB-1 visa process. One of our immigration lawyers, Paris Lee (also known as The Black Belt Immigration Lawyerâ as well as bjjvisalawyerÔ) is a seasoned Black Belt in BJJ and has represented several ADCC and IBJJF World Champions before citizenship and immigration services. Our law firm is adept at showcasing our clients’ distinct accomplishments, emphasizing their influence and contributions to the sport. Our immigration lawyer will work with you personally to meticulously guide you through the process, ensuring that every aspect of your extraordinary ability is highlighted. By focusing on the unique requirements of the EB-1 visa, we help Brazilian Jiu-Jitsu athletes secure permanent residency, allowing them to continue their career in the U.S. and contribute to the martial arts community.
For those whose credentials may not meet the extraordinary ability standard, but who possess exceptional ability and skills that would benefit the national interest, the EB-2 national interest waiver also provides a unique opportunity. This category acknowledges contributions that have a significant impact on the U.S. economy, culture, or society at large. This waiver allows individuals to self-petition and bypass the labor certification process typically required for employment-based visas.
Qualifying for an EB-2 visa involves meeting specific criteria that demonstrate exceptional ability in one’s professional field, or holding an advanced degree that advances national interests. To qualify under the exceptional ability category, applicants must provide substantial evidence of expertise and recognition in their field. This includes meeting at least three out of several criteria, such as possessing a significant degree or certificate related to the field, having at least 10 years of full-time experience, or being a member of professional associations. When seeking a national interest waiver, applicants must show that their work benefits the nation as a whole more than their individual employer, and prove that their contributions have intrinsic merit. Documentation like awards, media recognition, and letters from experts can help in substantiating these claims. Navigating the EB-2 visa requirements can be complex, and professional legal assistance from a New Jersey immigration attorney can help facilitate the process, ensuring that every aspect of qualifications is thoroughly evaluated and highlighted in the petition.
At Lee and Garasia, LLC, we understand the complexity of navigating the EB-2 national interest waiver application process and have successfully helped our clients secure approval. Our experienced immigration lawyers will work with you to build a strong case that clearly demonstrates your exceptional abilities and how they benefit the United States. We take pride in helping individuals with unique skills and talents contribute to their communities and thrive in their chosen field in the U.S.
The EB-3 visa category provides a pathway for skilled workers, professionals, and other workers to obtain permanent residency in the United States. This visa is designed for individuals who do not meet the requirements for the EB-1 or EB-2 categories but still possess valuable skills and qualifications. To qualify, applicants generally need to have a permanent job offer from a U.S. employer and a labor certification that verifies no qualified U.S. workers are available for the position. The EB-3 category is divided into three subcategories: skilled workers who require at least two years of job experience or training; professionals with a U.S. bachelor’s degree or foreign equivalent; and unskilled workers capable of performing labor-intensive jobs that require less than two years of training or experience. While the process may take longer due to high demand and annual limits on green cards, securing an EB-3 visa presents significant opportunities for those seeking to build a future in America who do not qualify for any of the other categories. For example, our employment immigration attorney has successfully helped cooks, home health aides, and manual laborers navigate the immigration process and secure green cards. If you are seeking a green card but don’t have any family members to file for you and don’t have the skills and qualifications for EB-1, or EB-2, you may want to speak with an immigration attorney at our law firm about an EB-3 case.
Temporary Employment Visas for Business Immigration
Aside from employment-based green card cases, there are also various temporary visa options that an individual may pursue with US Citizenship and Immigration Services.
Like the EB-1, the O-1 visa caters to individuals with extraordinary abilities. However, unlike the EB-1 petition, the O-1 is a temporary option for those seeking to work inside the U.S. This visa is particularly popular among artists, athletes, scientists, and business leaders who have gained recognition in their fields. From our headquarters in Edison, New Jersey, our immigration attorneys have helped several Brazilian Jiu-jitsu and Mixed Martial Arts secure O (as well as P) visas to stay in the US.
The Advantage of Having a New Jersey Immigration Lawyer
While federal immigration laws provide the overarching framework within which all states operate, individual states may have their own specific practices and policies that can influence the immigration process. New Jersey, like many states, has developed its unique set of protocols and priorities in handling immigration issues, which can be crucial for understanding how to navigate the system effectively if you are a resident of the garden state. Even within the New Jersey, there are differing procedures depending on whether your case is in Newark, Cranbury, or Mount Laurel. Engaging a local qualified immigration attorney in New Jersey who understands the intricacies of each field office can be invaluable, ensuring that applicants are fully informed and prepared to meet each office’s requirements.
Our immigration law practice focuses exclusively on immigration law, enabling us to remain agile and responsive to policy changes and help our clients stay ahead of the curve. Both of our partners are members of the American Immigration Lawyers Association and frequently attend educational conferences to stay abreast of the latest developments.
What The Best Immigration Lawyers in New Jersey Can Do for You
While we certainly do not profess to be the best immigration lawyers in New Jersey, we do take pride in offering you a level of service that only a top immigration attorney can offer you. Our immigration law practice offers personalized representation in the areas of family immigration, US Citizenship, business immigration, immigration court representation (removal proceedings) , as well as humanitarian based cases. We also consult with those looking to see if they have a potential immigration case and those wanting to know the requirements to seek legal status. Whether you’re seeking family reunification or advancing your career through an employment-based petition, our dedicated team is ready to help you with your immigration case.
To learn more about the law offices of Lee and Garasia, LLC, and how we can help you with your legal status, please contact us for more information.