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.

Consular Processing

Consular Processing 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 consular processing. Founding attorney Raymond P. D'Uva has close to four decades of experience handling Consular Processing immigration issues.

 


The process by which beneficiaries of an immigration petition (family-based, employment-based, or other category based) who are outside of the United States apply for an Immigrant Visa, Consular Processing is generally chosen for reasons of convenience as it allows for application of an immigrant visa at a U.S. consulate overseas. The process involves two different government entities: the National Visa Center and a Consular Office abroad under the Department of State.


Consular processing will commence only when the underlying immigration petition is approved by the USCIS and visa numbers for the prospective immigrants are available. If the beneficiary is outside of the United States, they may then apply for an immigrant visa through the National Visa Center and at a U.S. Consular Office in their home country or country of permanent residence. If the beneficiary is in the U.S., he or she may choose to immigrate via consular processing abroad or through adjustment of status (AOS).


At The Law Office of Raymond D'Uva, we assist clients with consular processing to obtain immigrant and nonimmigrant visas involving:


Family-Based Immigration: if your spouse, child, parent or sibling has filed a family-based visa petition on your behalf and you are living outside the United States, the approved petition will be forwarded to the U.S. consulate in your country of residence where you will be scheduled for an interview to apply for an immigrant visa to immigrate to the U.S.


Employment-Based Immigration: we help foreign nationals and businesses obtain EB-1, EB-2 EB-3, EB-4, and EB-5 visas, as well as temporary work visas, visas for professional athletes, artists and entertainers and visas for multinational executives and managers.


Investors, Traders and Entrepreneurs: we can help you apply for an E-1 Treaty Trader visa, an E-2 Treaty Investor visa, or we can help you with consular processing of an EB-5 visa after approval of an I-526 by the U.S.Citizenship and Immigration Services to come to the U.S. as an employment creating investor/entrepreneur.


No matter what your reasons for your coming to the United States, an experienced immigration attorney can help you with consular processing and a wide range of related issues. We have deep experience in helping to navigate this somewhat complicated process. The main benefit of consular processing is that it may be generally quicker than AOS. The time frame for consular processing on average is between 6 and 12 months, whereas AOS can take an average of 1 to 2 years.

 


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