Reasons Why Immigration Attorneys Are The Safest Bet To Get a Green Card.

The United States is known for the never ending opportunities. A number of people are immigrating to the US to receive better quality of life. Nevertheless from last few years, the US is deporting the non green card immigrants out of the country. Some immigrants are hiring the best immigration attorney in New Jersey to help them with the situation.

It is essential for the immigrants to hire an experienced attorney from the best immigration law firm in New Jersey. Moreover, it is also important that the immigration attorney has proper understanding about the immigration laws and knows how to present them well in the court. However, there are people who wonder why an experienced immigration attorney should be hired.

Laws are a large domain: The laws of the immigration system in the US are not simple. A single law and huge amount of bylaws. Hence, an inexperienced attorney won’t be able to help you. When you opt for best immigration attorney in New Jersey, you get the best advice from an experienced attorney and a huge amount of experience.

New changes in law: The immigration laws change every day. The lawyers need to be on top of every single change made. Hiring the best immigration lawyer will have a huge impact on your case. It is the lawyer who will represent your case in the court and the judge will listen to the lawyer only.

Reputable firms

There are a huge amount of immigration firms in the country. These immigration attorneys play a huge role in the future of the immigration. One such firm is Wildes and Weinberg. With office all around the country, the expert attorneys work hard to help people settle in the country and help them get their nationalization.

Whether you want to immigrate the country or want to get your nationalization in the United States, experts at Wildes and Weinberg are the one for you. They are the leaders in their field with a team of expert immigration attorneys.

Who is the right candidate to file Form I 106A?

Form I-601A allows the parents, spouses, and children of US citizens or permanent residents to apply for provisional waivers who have accumulated unlawful presence before leaving the United States. It is also called a “provisional waiver application.” As per the new rules of the USCIS, an eligible candidate can wait for the results while staying in the U.S. instead of returning to their respective countries. However, people tend make mistakes while filing Form I 106A. To avoid such mistakes and for professional assistance throughout the process, you must hire the Best immigration attorney in NJ

To know who is the eligible candidate to file Form I 106A read further.

Eligible candidates who can apply for Form I 106A

If you’re a foreign national and meet the following criteria, you may be eligible to apply for an I-601A provisional waiver:

• You’re currently in the United States.
• You need to be at least 17 years old.
• You’re in the process of obtaining an immigrant visa based on a form I-130 petition by a family relative, an I-360 petition on a qualifying basis, or a form I-140 petition by an employer.
• You’ve applied for the immigrant visa application, and your case is in progress.
• You’re not allowable in the United States as you have had more than 180 days of unlawful presence.
• You want to leave the United States to get an immigrant visa.
• You haven’t got an interview date by the Department of State before 2013.

Candidate not eligible to apply

 

If any of the following things apply to you, you may not be the right candidate to apply for an I-160A waiver:

• You’re not 17 years old.
• Your I-485 application is still in the process.
• You’re not acceptable in the US for reasons like a criminal conviction or health issues.
• You’ve had earlier deportation proceedings or you were deported and your removal proceedings were not terminated.
• You are going through final removal or deportation orders from Immigration Court.
• You are permanently prohibited from entering the United States.
• On waiver disapproval, you fail to establish privation to your qualifying parent or spouse.

Lastly, immigration law is complex and approval or disapproval depends on candidate’s unique situation. Are you searching for one the best immigration law firms in NJ ? Contact Wildes & Weinberg - (212) 753-3468.

E2 visa: How to convert it into a green card

The E-2 is the primary investor visa that allows a foreign national to set their business in the United States by investing a substantial amount of investment in a U.S. business. If you’re the one holding a U.S. E-2 visa, we’ll brief you with top ways of converting your investor visa into a green card to get the permanent residence of the U.S. However it is always recommended to hire an expert for better assistance. There are various well-qualified and experienced immigration lawyers in New Jersey who can help you in getting a green card. Here are the tops ways to convert your E-2 visa into a green card.

Invest more capital and obtain EB-5 green card — Typically, every foreign national entering into the US to set a business by obtaining an E-2 work visa is obliged to invest a substantial amount of money. They need to invest at least $200, 000 USD and their business should create a minimum of five jobs for US citizens in five years. However, if you have more money, you could also apply for an EB-5 green card while continuing to operate your business in the U.S. under the E-2 investor visa. To apply for an EB-5 visa, you have to invest $1 million dollars and create 10 new jobs to qualify your company. It’s mandatory that the money you invest is traceable.

• Invest in a regional project and obtain a EB-5 visa — Instead of directly investing $1 million in your own business, you could also invest $500, 000 into a regional center project while continuing to run your own E-2 visa business. The requirement to create 10 jobs can be fulfilled indirectly by the regional center project. Well, this is a comparatively less expensive way to obtain an EB-5 visa. You can always get the assistance of experts by hiring the best immigration attorney in NJ.
• Find an employer to sponsor you — Another way is to find an employer who would sponsor you, or maybe your spouse, for a permanent residency. In some cases, if someone is hired for the right position and possesses enough qualifications to be exceptionally capable, they can even get an exemption from a PERM labor certification.
• Get sponsorship by a family member — If you have a close relative in the U.S. who is holding a U.S. green card or citizen, that relative can sponsor you EB-5 green card while you continue to manage and your business under the E-2 vis

One thing, you should always remember while converting E-2 visa into a green card is that lots of requirements need to be fulfilled for a green card which is not required for E-2 visa. If you’re searching for reliable and qualified immigration lawyers in New Jersey, contact Wildes & Weinberg. They have the best immigration attorney in NJ.

Revocation of Guidance Concerning Tenant-Occupancy Methodology

The current administration of the United States has become a harsh face towards the immigration process, especially the immigrant investor (EB-5). The USCIS is now revising the guidelines of the investor visa cases which involves the tenant occupancy. Earlier, the tenant-occupancy methodologies were allowed by the USCIS Policy Manual. It is often used to show the investments and the jobs that were created to employ ten people indirectly.  But now the policymakers have determined that this particular visa is not achieving the results well or as per the prediction. Now, the USCIS will not entertain the tenant-occupancy models for filings on or after May 15, 2018. According to the recent news, the USCIS will entertain

• Form I-526- Immigrant Petition by Alien Entrepreneur, and
• Form I-829- Petition by Entrepreneur to Remove Conditions on Permanent Resident Status
• Applications related to-

• Absent material change
• When directly related to previously approved projects
• Fraud or misrepresentation, or legal deficiency of the prior determination.

It is important to mention here that this EB-5 visa was formed in the year 1990 by the Immigration Act of 1990. This was fifth most favorite visa category that was used by many people to immigrate with families lawfully. In this visa category, investors invested at least one million dollars and got the direct PR to the country. From the 1990 till now there were certain changes that were made to improve and increase the transparency in the visa. It helped US greatly in becoming financially and economically stronger.

What is the need of hiring an immigration attorney?

Choosing the best immigration attorney in New Jersey is necessary because they are the professionals who know each and everything. They know the details of each clause of each visa category. The attorneys have the in-depth knowledge of the immigration laws. A normal person doesn't know the small tricks and importance of the information that we don't want to disclose to the immigration firms. Hiring the best immigration lawyer can reduce the chances of rejection or denial the visa. Before applying for the specific visa, the immigration firms check each and every point of the form. As they have an experienced and expert team to check file the case in the proper manner. 

If you are the one who is planning to immigrate to the NJ under this EB-5 investor visa category, then you must hire the best immigration law firm in NJ.

President Trump's 'four pillars of immigration reform'

With Congress deciding which way to move forward regarding the DACA and dreamers, this era of immigration policies is reminding us of a time when there were quota system and the policies were based on racism. The current changes in the immigration laws are making the head of the Americans hang in shame.


The Trump Administration wants to change the basic four pillars of immigration law. This would mean end of chain migration, end of DACA, extreme border security and end of diversity visa lottery. The best immigration attorneys in NJ have explained below the four reforms that President Trump wants in immigration policy and how it would affect the thousands of immigrants present in the country:

DREAMers and DACA
In early 2012, former President Obama began DACA program. This program authorized the undocumented immigrants who were brought as small children in the country to be able to work an live legally. Through DACA, about 7,00,000 DREAMers (its recipients) were able to live peacefully and had chance to fulfil their aspirations. However, after being elected the president, Trump announced to end the program. Since then, the immigration attorneys, the Ninth Circuit Court of Appeals and other officials have been fighting and appealing against the decision. This resulted in softening of the decision and President Trump agreeing on a bipartisan decision to support the DREAMers who fulfil the criteria.


Border Security
The second pillar of immigration reform that the Trump administration is not budging from is the investing $25 billion in border security. This would mean construction of a southern border wall, securing of all borders of US, increase in personnel count in immigration departments, implementation and investment in high tech gadgets such as drones, cameras, sensors and more to prevent illegal immigration.


End of diversity visa lottery system
The third pillar is the end of diversity visa lottery system and implementation of merit based system. The administration has criticized the diversity visa lottery system for issuing the green card without taking in regard the merits. White House is advocating the reallocation of diversity visas in other immigration visa categories.


Restrictions on family-based or chain immigration
The last pillar of immigration reform that Trump administration wants is extreme restrictions on chain migration. Under the current law, the sponsorship is extended to the spouse and children of the immigrant. Under the new immigration system, an immigrant won’t be able to sponsor his family unless the have the required merit.


Are you an immigrant looking for advise? Consult Wildes & Weinberg, one of the best immigration firms with best immigration attorneys in NJ.

Family-based vs Merit Immigration

The Trump administration has been very vocal about the stance regarding the family based immigration. Calling it “Chain Migration” they want it to end as soon as it can. The rally call of the country grow more louder after a terrorist detonated the bomb inside the New York subway. As the federal officials confirmed that the terrorist came in the country through the family -based immigration system, the Trump administration decided it was the time to end it and give more focus on the merit-based immigration system.

What is family based immigration?

The family based immigration system began with the aim of family unification. Under this type of immigration the US citizens are allowed to obtain green cards for their children (under 21 age), spouses and parents (over 21 years). It is a quicker option to obtain the green card.

The citizens can also put petition for other family members for the green card. Depending upon the country of origin there is a different waiting period. Some people have to wait decades before they are legally allowed to enter the country.

People against the family immigration consider it the reason behind various attacks on the democracy of the country. They believe that this type of immigration leads to chain migration and multiple immigrants enter the country whether they are worth it or not.

What is merit based immigration?

The merit based immigration is the system which President Trump is supporting himself. He along with two other congressmen introduced the RAISE Act. Under the act, the population of the immigrants will be reduced by 41%. This would result in reduction of immigrants in the country by 50% in a decade.

Under this act, the people with the specific points will be allowed to enter the country. The points would be awarded for various categories such as education, age, language skills, salary and more. More points would be awarded for the people with extraordinary skills. This would eliminate any entrance of immigrants through their immediate or extended family.

When will the change happen?

While there is no way to say when the change would happen, the future of the current as well as potential immigrants hangs in the balance. This law change will have to be signed by the congress and the President.

Get second opinion on your case, consult Wildes & Weinberg. Their immigration lawyers in New York City are renowned for their skill and knowledge.

Understanding family-based immigration

All the residents of the US know that if you become a US citizen or are a permanent resident, you can get the green card for your family back home. However, one thing they don't know is how to accomplish it. The laws of the US immigration are complex. It takes an experienced person to understand them all. While a layman might fill all the forms right, they will still have problems accomplishing their goal. This problem doesn't occur with the immigration lawyers. They are well-versed in the immigration laws and know their working and loopholes in depth.

What is family-based immigration?

Family-based immigration is the process of applying for a green card through the spouse or a family member. The process is long and complex. It often lasts for years. The applicant gets fingerprinted, photographed, cleared by FBI and subjected to medical examination. All this process is done after the permanent family member places the file in the system. Without best immigration lawyer, the file can remain stuck in the system. You will need a person to keep track of the files in the immigration system.

Documents required

The documentation for family-based immigration is extensive. They need to be carefully kept with the application and numbered accordingly.  The best immigration lawyers in NJ make sure that your documents are up-to-date when you file for the immigration. The forms involved are Forms I-130 & I-485.

Form I-130 requires:

1. Proof of US citizenship
2. Proof of permanent resident status
3. Proof of relationship with the applicant

Form I-485 requires:

1. Proof of applicant’s clean record
2. Copy of applicant’s passport copy bearing non-immigrant visa
3. 2 passport size identical photographs
4. Form I-693 (medical examination report)
5. Form I-864 (Affidavit of Support)

When both forms with their concerned documents are attached and checked, then only the file is accepted. If you have hired the best immigration lawyers in NJ, he/she makes sure that your documents are submitted on time and your case moves smoothly. He/she will be there to handle all the hurdles. The interview of the applicant is rigorous if you are applying on the basis of marriage. The authorities will make sure that your marriage is not a sham. In such a case, you will want your immigration lawyer by your side. If you are still searching for the best immigration lawyers in NJ, consult Wildes & Weinberg. They have leading immigration lawyers specializing in family-based immigration cases.

Choose the Best Immigration Attorney

Choosing or finding an immigration attorney is one of the toughest tasks. Immigrating to a new country is a major decision for immigrants, and finding the best immigration Lawyer in NJ can help you out, whether it for studying abroad, working abroad, doing business abroad, or moving permanently to a new country. 

Before hiring an immigration lawyer, you must decide whether you need an immigration consultant at all. Some countries have a very straight-forward process migration and immigration rules that are easy-to-understand. It is always beneficial to have a word with an immigration officer of the country you are supposed to migrate. Some countries have a very helpful website with plenty of information, which can be very useful.

Grab the full knowledge of the immigration rules and processes on the official websites of the respective countries. Go through from the website so that you have an idea whether you are qualified for a student visa or work visa or permanent residency. Find out all the documents that will be required for getting a visa. Of course, you may get overwhelmed by the immigration documentation, processes and the uncertainty involved in your visa application being processed. This can be very stressful and you may want to hire a competent immigration attorney.

Here are a few tips that will help you find a good immigration lawyer if you are migrating to some country.

References-

Ask your friends/relatives and family who may have hired an immigration consultant/attorney. You will be surprised to know how many people would have stories to share about their immigration lawyer. If this does not work, then google it and contact a few immigration lawyer. Ask them for references, and talk to their past client to know their experience.

Check the License-

Make sure the attorney is registered with a legal agency. Just talk to the immigration department of the country you want to migrate to. They will suggest you the best advice about the registration and legislative requirements of that country for immigration attorneys.

Money-

Find out the fee structure of a few immigration lawyers. Just remember, expensive immigration attorney does not mean he/she is good. Similarly, the cheap one may not be able to handle the case correctly. Go for the experienced one and has a good hand in this field. Find out the terms of payment too.

Attitude-

Observe the working style of the immigration lawyer, that should not be awkward. It is important that you feel comfortable, patient, helpful, friendly, knowledgeable and professional while working with him. Finally, find out what the immigration attorney is promising. If he sounds too good to be true, he probably is.

Understanding US naturalization process and eligibility criteria

Are you, you fiancée, child or spouse eligible for naturalization?

America is a land of dreams and opportunities. Every year a swarm of people from around the world file for a US immigration visa. However, the immigration process or the naturalization process for those seeking US citizenship is quite extensive and complex. In such a scenario, it is important that you consult the best immigration lawyer in NJ to get expert opinion as well as support to help you get through the process successfully. 

What, exactly, is naturalization?

Naturalization is the process through which a foreign national or citizen can get the American citizenship once he or she successfully completed all the requirements as laid down by the Congress in Immigration and Nationality Act (INA).

To become eligible for naturalization, an individual should first be a lawful permanent resident and at least 18 years of age at the time of filing an application for citizenship of the United States. For minor children, there are some specific rules for naturalization. If you're living in (say) New Jersey, you can consult an immigration attorney in NJ to discuss about exceptions and waivers for minor children seeking naturalization.

An individual looking for naturalization should also reside in the US for a continual period ahead of filing an application for naturalization. In case the individual is not married to a US citizen, he or she should live in America for a period of 5 years following a lawful admission to the United States as a permanent resident. For people married to American citizens, he or she should live in the US for a continual period of 3 years after their lawful admission to the USA as a permanent resident. And, the individual married to an American citizen should live with his or her spouse for at least 3 years before the exam date of the applicant. The American citizen spouse should have been a citizen of the United States during the said time.

• Residency of three months is necessary following the filing of application for naturalization. Continual residency in the US is also mandatory from the of filing the application till the date of admission to citizenship. For more details, you can consult an immigration lawyer in New Jersey.

• A child can qualify for naturalization in case your are an American citizen, the child was born away from the USA, the child is currently living outside America and meet all other requirements for the eligibility for naturalization.

• Along with these requirements, it is also necessary that the individual must be able to speak, read and write general English, which is evaluated on the basis of written and oral tests supervised by an examiner from the immigration department during the scheduled naturalization interview.

However, an individual may by default be an American citizen and not require to apply for US naturalization in case his or her adoptive or biological parents received an American citizenship before the individual reached 18 years of age.

The applicant should posses both the understanding and knowledge of the basic US government and history, which can be evaluated through a multiple choice questionnaire. In general, individuals who are exempt from this requirements should ideally meet this requirement. In addition, an applicant should have good moral and cultural character and must posses attachment the basic principles of the American constitution. You immigration attorney in NJ can help you understand the process effectively.

To become an American citizen, you can consult the best immigration lawyer in New Jersey and discuss your requirements. You must ideally discuss all aspects of your eligibility to get naturalization.

5 easy ways to find the best immigration lawyer in NJ

The immigration process can be troublesome, tricky and tough, more when it comes to completing all the legal formalities and paperwork. With lots of documents to tender, it is quite normal for the majority of people to feel overwhelmed. You see, the immigration process is, in reality, not all that simple. First, you need to properly understand what needs to be done, which path to follow, and what documents to file. Thereafter, you actually need to go through the process. Once you have all the documents at hand, you can think about going for the next big thing that can be done with these documents, like the verification and attestations. To save you from this pain and lackluster paperwork, it is advised that you hire the best immigration lawyer in NJ who can take you through the process promptly and without much hassle.

However, producing the documents and getting all the verification and attestation on them is just one part of the tale. You are, then, required to fill out the Immigration Form or Application, and that's exactly tricky since you need to ensure that all the data you fill in the application form is verifiable and in accordance with the documents you tender.

The situation, then, only grows tough to tougher with all the legal terms and issues involved in the application process. In general, most of us are not aware of these legal terms and, make no mistake, one minor error here or there may have a negative impact on the status of your application. And that's where the expertise of an immigration lawyer can come handy. Here are the 6 major points you need to consider to ensure you find the right immigration attorney for representing you.

Quick response
Time is money. Even the slightest of delays in fulfilling the requirements of the immigration process can put your case on hold. Therefore, you must choose a lawyer that maximum time availability and is highly responsive in handling the requirements of an immigration process.

Exclusive and specialized practice
You must look to hire an attorney who has years of experience in exclusively practicing immigration laws. Just like any other field, specialization is one of the most important things for an attorney. There is a world of difference between a general law practitioner and a specialized immigration la
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Member of National Association of Lawyers
Just like any major community or association, the American Immigration Lawyers Association (the AILA) has prerequisite standards which a layer must maintain in order to become a member of the group. This way, every lawyer registered with the AILA surely has enough experience, expertise and standards in practicing immigration laws. Although it is indeed not a strong criteria to judge the efficiency of a lawyer, it can serve as the minimum standard for your quest of finding the best immigration lawyer in New Jersey.

Does the lawyer list his fee in public? 
If an immigration attorney has a clear cut public list of his or her fee to handle an immigration case, you can be sure that you won't be getting any nasty surprises mid-way into your application process. Also, it will avoid any chances of gross dispute over the fee at the end of the scenario. Disclosing the fee in public also means that the attorney will have to stick with it, and it also helps you make a comparison among different lawyers based on the fee the charge for an immigration case.

Relevant experience
It is highly important that you check the relevant experience of a lawyer before finally working with him or her. If an immigration attorney has the experience of a decade but, out of those ten years, he has handled immigration cases for only a couple of years - well, then his experience will not be of much use to you. You must try to find out a lawyer who has ample amount of experience in handling just the cases related to immigration process.