Visas Archives - Immigration Attorney in New Jersey

Special Immigrant Juvenile Status (SIJS)

Congress enacted the Special Immigrant Juvenile Status (SIJS) provision of the Immigration and Nationality Act (INA) recognizing the vulnerability of child victims of mistreatment through the Trafficking Victims Protection Reauthorization Act (TVPRA) of 2008, PUB.L.NO.110-457, 122STAT. 5044 (2008): INA §§ 101(a)(27)(J), 245(h), 8U.S.C.§§1101(a)(27)(J), 1255(h). The SIJS provision created a form of humanitarian relief for immigrant children who have been abandoned, abused, neglected, or similarly mistreated, as defined under state law.

To be eligible under SIJS, the child must first petition a state juvenile court to make certain factual findings before she/he can apply for immigration status from the United States Citizenship and Immigration Services (USCIS). To be exact, the state court must enter an order finding that 1) the child is either dependent on the court or should be placed under custody of an individual or entity designated by the court; 2) Reunification with one or both parents is not viable due to abuse, abandonment, neglect or similar basis under state law; and 3) It is not in the child’s best interest to return to his or his parent’s previous country of nationality. It must be noted that the INA prohibits a child from conferring immigration status to his or her biological or adoptive parents by way of SIJS.

Please be advised that the description of this process is general. It is advisable to obtain a competent immigration attorney to provide legal representation. If you feel you meet the requirements, please reach out to us to go over your case specifics

U Visas

What is a U-Visa?

In October 2000, Congress created the Victims of Trafficking and Violence Prevention Act (Act). Finally, after seven years of interim rules, the U.S. Citizenship & Immigration Service (USCIS) has published final Regulations on U Visa’s, which became effective October 17, 2007. The U visa applies to immigrants who are the victims of certain serious crimes and who have cooperated with authorities in the prosecution of the perpetrator. The U visa is a nonimmigrant visa and only 10,000 U visas may be issued every fiscal year. The purpose of the U visa is that it gives victims of certain crimes temporary legal status and work eligibility in the United States for up to 4 years. Family members may also be included on the petition including spouses, children, unmarried sisters and brothers under 18, mothers, fathers, as well as stepparents and adoptive parents. An approved U visa petition will automatically grant the applicant work eligibility in the United States.

An Employment Authorization Document will be included with all approved petitions, which can be shown to any employer to obtain a Social Security Number to start work legally. The U-Visa provides employment authorization and the opportunity to change to a non-immigrant legal status. After three years you can apply for permanent residency. There are different requirements that must be satisfied before an application can be submitted. The applicant must have suffered substantial physical or mental abuse due to a criminal activity in at least one of the following categories: rape, torture, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, sexual exploitation, female genital mutilation, hostage situations, peonage, false imprisonment, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, blackmail, extortion, manslaughter, murder, felonious assault, witness tampering, obstruction of justice, perjury or attempt, conspiracy, or solicitation to commit any of the above mentioned crimes.

All petitions must include information on how the victim can assist government officials in learning more about the crime including investigation and/or prosecution of the individual(s) that committed the crime. The victim must also be willing to work with local law enforcement. The crime must have occurred in the United States or in a U.S. territory, or violated U.S. law.

The form that must be submitted to USCIS “Form I-918” must be certified by a Federal, State or local law enforcement agency, such as a prosecutor or a Federal or State judge in charge of the investigation in which the petitioner is the victim. Without this certification, the U visa petition cannot be submitted. However, a certification alone is not enough to establish eligibility as all facts around the petition will be considered. The certifying individual must be the head of the agency or a person designated to issue U nonimmigrant certifications. If at any point the victim stops to cooperate with law enforcement, the certification can be withdrawn.

The first step is to determine whether you are eligible for a VAWA self-petition or a U-Visa. It all depends on the circumstances. There are some cases where you should apply for a U-Visa even if you are eligible for a VAWA and vice-versa. In order to speak confidentially about your case, please contact us to schedule a consultation.

The information contained on this page is for educational and informative purpose only. This response does not constitute legal advice. The readers of this information should not act based solely on information contained herein.

If you would like more information please contact us at 908-442-6792.

Family Visas

Overview – Family-based Immigrant Visas

The Immigration and Nationality Act (INA) provides two (2) groups of family based immigrant visa categories, including immediate relatives and family preference categories.

Immediate Relative Immigrant Visas: These visa types are based on a close family relationship with a United States (U.S.) citizen also known as an Immediate Relative (IR). Immediate relative visa types include:

IR-1: Spouse of a U.S. Citizen;
IR-2: Unmarried Child Under 21 Years of Age of a U.S. Citizen;
IR-3: Orphan adopted abroad by a U.S. Citizen;
IR-4: Orphan to be adopted in the U.S. by a U.S. citizen; and
IR-5: Parent of a U.S. Citizen who is at least 21 years old.

Family Preference Immigrant Visas: These visa types are for specific family relationships with a U.S. citizen and some certain relationships with a Lawful Permanent Resident (LPR). There are numerical limitations on family preference immigrants, which can be seen at www.travel.state.gov/immigrants/types. The family preference categories are:

Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their minor children, if any.
Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (age 21 and over) of LPRs. At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder is allocated to unmarried sons and daughters.
Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and minor children.
Family Fourth Preference (F4): Brothers and sisters of U.S. citizens, and their spouses and minor children, provided the U.S. citizens are at least 21 years of age.

It is important to note that Grandparents, aunts, uncles, in-laws, and cousins cannot sponsor a relative for immigration.

If you would like more information please contact us at 908-442-6792.

Employment Visas

coming soon

If you would like more information please contact us at 908-442-6792.