Frequently Asked Questions
What types of immigration cases do you take? We take any type of immigration-related case including Lawful Permanent Residency (Green Cards – via family-based or employment-based petitions), Naturalization applications, temporary work visas (H-1B, L, O, P, etc.), and any matter in Immigration Court (removal defense, bond hearings, etc.).
Do you charge for the initial consultation? The first 10 minutes or so of an initial telephone conversation is free of charge. During this time, we will gather information from you to determine both if we can help you and if you are a good fit with our firm. We can’t give legal advice during this first 10 minutes.
If we schedule a subsequent in-office consultation, we will charge $100 for the consultation. We accept cash, checks, and credit/debit cards.
Do you accept cases outside New Jersey? Yes; immigration law is a matter of federal law, not state law. Any immigration lawyer in any state may practice immigration law in any other state in the United States.
What is your attorney fee for your legal services? Each immigration-related matter we handle requires a different fee. During our consultation and after analyzing your case, we will provide you with a price quote for your particular situation. For most immigration-related matters, we will charge a “flat fee,” meaning that you will know exactly how much you will have to pay, with no surprises. Hourly fees are sometimes used in immigration-related matters.
I have a green card. Am I eligible to obtain citizenship? Your green card allows you to live and work in the United States while pursuing naturalization if you choose. Anyone who is in possession of a valid green card and who has been physically present in the country for a sufficient period of time may apply for citizenship so long as he or she meets certain requirements, including the ability to speak and write in English and a demonstrated attachment to the principles of the United States Constitution. Applicants who have not been present in the United States for long enough or who have been accused of committing crimes of moral turpitude may not be eligible.
I have a temporary visa but I want to obtain permanent residency. What is involved in this process? Many students and professionals come to study and work in the United States on a temporary basis and then decide to pursue a long-term stay. This is known as change of status, and it can be a very complicated procedure. Each individual's situation is different, and there is no "one size fits all" answer. The important thing is to talk to an experienced immigration attorney about your unique situation and work through a reasonable course of action together.
Am I eligible for an employment authorization document under the Consideration of Deferred Action for Childhood Arrivals program? If you entered the country before the age of 16 prior to 2007, you may be eligible to defer deportation by obtaining your employment authorization document (EAD) and possibly travel authorization. An EAD allows you to work in the United States and pursue legal residency. There are certain requirements for eligibility under the Deferred Action for Childhood Arrivals (DACA) program, which went into effect in 2012.
What does a notice to appear before an immigration court mean? If you received a notice to appear, this means that you are in removal proceedings. You may, however, be eligible for relief from removal as you may qualify for cancellation of removal, asylum, naturalization, withholding of removal, or another type of relief.
Which family members can I sponsor for immigration? Family-based immigration is a common means of obtaining lawful permanent residency and citizenship in the United States. In most cases, a citizen of the United States may sponsor his or her mother, father, husband, wife, brother, sister, fiancé / fiancée, and / or child for a green card. If you are not a citizen but you are a lawful permanent resident - meaning you have a green card - you may sponsor your husband, wife, and / or unmarried child in most cases.
I am a United States citizen and I am engaged to marry a foreign national. How do we obtain a green card? Your fiancé / fiancée may apply for a fiancé / fiancée visa to come to the United States; after the marriage has taken place, your spouse must apply to adjust his or her status to permanent resident. In order to establish the validity of the marriage, an immigration officer from United States Citizenship and Immigration Services will interview and investigate you and your spouse-to-be. It is strongly recommended that you have an immigration attorney to help you protect your family's future in the United States.
My U.S. citizen spouse is in the military and is going to be deployed abroad. Can I receive expedited Naturalization? You may be able to receive expedited Naturalization, but there are a number of other requirements you must meet in addition to being the spouse of a U.S. citizen military member. For example, you must declare that you will live with your spouse abroad (where s/he is deployed) for at least one year. Not all spouses are eligible to live with their deployed military spouses, since many are located on ships, submarines, etc.
I am in Removal Proceedings, but I have a criminal conviction on my record. Will I be eligible for any forms of relief? If you have a criminal history, you may become ineligible for many forms of relief from removal depending on the nature of your criminal conviction(s). Before we can assess your case, we will need to see a certified copy of the “judgment and sentence” and other relevant court files from the court that convicted you. Sometimes individuals with an “aggravated felony” can file a “post-conviction relief petition” which, if successful, may mean that they become eligible for relief from removal.
For a more comprehensive collection of Frequently Asked Questions, visit the US Citizens and Immigrations Services FAQ here: https://www.uscis.gov/faq-page
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.