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.

Employment-based Immigration

Employment-based 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 employment-based immigration. Founding attorney Raymond P. D'Uva has almost four decades of experience handling employment-based immigration matters.


Whether you are a skilled worker, a professional, or an immigrant with extraordinary ability, you need to apply for a Visa if you want to work legally in the United States. The only exception is if you marry a U.S. Citizen; then you will be able to obtain an immigrant Visa and work authorization without restrictions.


Over the years, we have helped many people get a temporary work Visa or Green Card. Many different types of employment-based Visas exist; filing the correct visa application will depend upon your unique situation and will require appropriate documentation to the USCIS. Because of the complex requirements involved, it can be very helpful to work with an accomplished immigration attorney who can guide you through the process; and who understands the five employment-based preference categories:


First Employment-Based Preference Category (EB-1): this preference category
is reserved for priority workers — persons of extraordinary ability in the sciences, arts,
education, business or athletics who are among that small percentage of persons who have risen to the very top of their fields and have been recognized as such by their peers with exceptional ability in the arts, sciences and professions, as well as people with advanced academic degrees.


Second Employment-Based Preference Category (EB-2): this preference category is composed of members of professions with advanced degrees, persons with exceptional ability as well as multi-national executives and managers.


Third Employment-Based Preference Category (EB-3): this preference category is composed of skilled, professional and other workers, and can also include members of professions. To come to the U.S. with an EB-3 Visa, an employer needs to acquire PERM/labor certification to prove that no U.S. citizens are able and willing to perform the job.


Fourth Employment-Based Preference Category (EB-4): this preference category is composed of a special group of foreign nationals qualifying for special immigrant visas.


Fifth Employment-Based Preference Category (EB-5): this preference category is composed of foreign nationals wishing to make substantial investments in the United States which will create jobs for United States workers.


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.