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.

Investors/Entrepreneurs 

Entrepreneur, Trader and Investor Visa 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 Entrepreneurs, Traders and Investors seeking visas. Founding attorney Raymond P. D'Uva has almost four decades of experience handling international commerce visa matters.

To encourage international investment and development, the United States has entered into treaties of commerce and friendship with various countries which allow persons engaged in international trade with the U.S. and persons making substantial US investments to obtain temporary “nonimmigrant” visas.

We provide personal, attentive, accessible and reliable service to all our clients for issues related to:


E-1 Treaty Trader Visas: the E-1 visa is a temporary “nonimmigrant” visa available to individuals who themselves are engaged in, or who are employed by companies engaged in, substantial trade between the U.S. and a country that maintains a treaty with the United States. The foreign national must be a national of the foreign country with which the United States maintains the treaty.


E-2 Treaty Investor Visas: the E-2 visa is a temporary “nonimmigrant” visa available to foreign nationals of a treaty country who have invested or are in the process of investing ,or are key employees of an organization which has made a substantial investment or is in the process of making a substantial investment in the United States.


Immigrant Visas for Alien Entrepreneur Petition: a non-U.S. citizen may file Form I-526 to gain entry into the United States as an employment-creating entrepreneur or investor. To qualify, one must invest at least one million dollars into their business and employ at least 10 U.S. workers. The amount of the investment may be reduced to $500,000 if the investment is made in an area of high unemployment in the United States. Foreign nationals applying for investor (EB-5) visas need not be nationals of countries with whom the United States maintains a treaty of commerce and friendship.


The requirements for all of these types of permanent and temporary visas are very specific and complex — prior to applying for any one of these types of visas at a United States consulate abroad or to the United States Citizenship and Immigration Services in the United States, you should consult with an experienced immigration lawyer.


If you would like to enter the United States as an investor, trader or entrepreneur, the attorneys of The Law Office of Raymond D'Uva can provide the experienced, reputable service you will need. 


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.