Family-based immigaration

Family Immigration Attorneys ­ L ocated in Newark, New Jersey and serving clients nationally and internationally, The Law Office of Raymond D'Uva provides experienced, reputable representation in matters related to family immigration. Founding attorney Raymond P. D'Uva has close to four decades of experience handling family immigration matters.

Are You Eligible for Preference Under Family Immigration? Not everyone with a family member in the United States is able to use that relationship as a basis for immigration. Eligibility depends on the immigrant's relationship with the family member and the family member's status in the United States. In most cases if you are an immediate family member of a U.S. citizen, your relative can file an Immediate Relative Petition to allow you to become a lawful permanent resident (“green card” holder). Immediate relatives include spouses of citizens, parents of citizens who are at least 21 years old, and the unmarried, minor (under 21 years old) children of citizens.

Other family­based immigration categories provide an opportunity for foreign nationals to obtain lawful permanent residence but there are a limited number of such visas available. Also, different types of relationships receive different priority in the issuance of these visas. In order of preference, these categories are:

●  Unmarried adult children (21 years of age or older) of U.S. citizens
●  Spouses and unmarried children (under age 21) of lawful permanent residents
●  Unmarried adult children (21 years of age or older) of lawful permanent residents
●  Married children (any age) of United States citizens
●  Brothers and sisters of U.S. citizens

Other Family­based Immigration Benefits

Fiances/Fiancees of United States citizens may, under certain circumstances obtain K­1 visas to allow them to travel to the U.S. to marry their U.S. citizen fiancé/fiancée. Although the K­1 visa is a temporary or “nonimmigrant” visa, once the fiancé/fiancée enters the U.S. and marries the United States citizen, which must take place within 90 days of entry, he/she can apply to adjust status to obtain a green card. Children of the primary K­1 visa holder may accompany their parent to the U.S. as K­2s and may adjust to lawful residence together with their parent once in the U.S.
Family members (spouses and children) of other nonimmigrant visa holders such as executives and managers of multinational companies (L­1s), temporary professional workers (H­1Bs), students (F­1s) as well as other nonimmigrant categories, may usually obtain temporary “nonimmigrant” visas to accompany their spouse or parent to the United States and live, study, and in some circumstances work here while their spouse or parent remains here in their temporary visa status.

If you do not currently have legal immigration status in the United States you may nonetheless be eligible to adjust your status to that of a lawful permanent resident (“green card holder”) based on a family relationship depending on the manner of your entry into this country and depending also on whether you are covered by section 245i of the Immigration and Nationality Act.

Section 245i of the Immigration and Nationality Act which expired on April 30, 2001 provides an opportunity to certain foreign nationals who currently do not have lawful status in this country and who would otherwise not be eligible to apply for lawful status to do so under certain conditions. Consult with a qualified immigration lawyer to learn more about your options.

To schedule an initial consultation to discuss immigration issues with a lawyer at our firm, call us at 973­643­7750 or c ontact our offices online. We look forward to helping you begin a new life in the United States.

Asylum/CAT

Asylum/Convention Against Torture Immigration Attorneys - Located in Newark, New Jersey and serving clients nationally and internationally, The Law Office of Raymond D'Uva provides experienced, reputable representation in matters related to immigrants seeking asylum. Founding attorney Raymond P. D'Uva has almost 40 years of experience Asylum and Convention against torture immigration matters.


The U.S. immigration laws provide protection to foreign nationals present in the United States who are fearful that if they return to their home countries, they would be persecuted on account of race, religion, nationality, political opinion, or membership in a particular social group. In addition, the United Nations Convention Against Torture (CAT), of which the United States is a party, states explicitly that "No State Party shall ... extradite a person to another State where ... he would be in danger of being subjected to torture."


Who is eligible for Asylum? If you can show that you will suffer persecution in your homeland on account of your race, political opinion, your religion, your nationality or your membership in a particular social group, then you are eligible to receive asylum in the United States of America. Unfortunately, just because you have the right to asylum, you can't assume that that right will be recognized. You must take steps to enforce your rights, or you could be returned to your homeland.


If you possess a legitimate claim, our attorneys can help you prove that you would face persecution or torture if forced to return to your homeland. We can help you enforce your rights and stay safely in the United States, even if you have been convicted of a crime.


At the Law Offices of Raymond P. D’Uva, we advise and represent foreign nationals in filing for and obtaining asylum based upon the individual's past or likelihood of future persecution based upon their race, religion, political opinion, membership in a particular social group or nationality.

 


To schedule an initial consultation to discuss immigration issues with a lawyer at our firm, call us at 973-643-7750 or online. We look forward to helping you begin a new life in the United States.