- Practice Areas
- Immigrant Visas
Immigrant VisasNorthern New Jersey immigrant visa attorney Cindy is dedicated to helping families and workers obtain legal status in the United States. She has successfully handled all types of immigrant visas for applicants who want to live or work in the country. The Law Offices of Cindy Ramjattan-Paul provides the highest quality legal representation to visa applicants throughout New Jersey and the New York metro areas.
Immigrant visas permit eligible aliens to gain admission into and remain in the United States. To be eligible for an immigrant visa, the foreign citizen generally needs to be sponsored by a U.S. citizen (USC) or lawful permanent resident (LPR) relative or by a prospective or current employer. The foreign national must also have an approved immigrant visa petition filed with the U.S. Citizenship and Immigration Services (USCIS). Different types of immigrant visas include:
Family-Based Visa Petitions (I-130/I-485)
- Immediate Relative Immigrant Visas (Unlimited)
- Family Preference Immigrant Visas (Limited)
Employment-Based Visa Petitions (I-140/E Visas)
- Labor Certification
- Petition for Immigrant Worker
Special Immigrant Visas/Religious Worker (I-360)
Victims of Crime (U Visa Applicants)
Victims of Domestic Violence (VAWA Petitions)
Proposed Provisional Waiver (Form I-601A)
U.S. immigration law provides for two groups of family-based categories. Immediate relatives (IRs) such as spouses, unmarried children under 21, adoptees, and parents of USCs can obtain legal status with no "numerical limits" on the number of visas awarded each year. Family preference visas, on the other hand, are subject to fiscal year limitations and "priority dates" based on the preference category and country of origin. Unmarried sons and daughters of USCs, for example, receive "first" preference, while brothers and sisters are "fourth" preference.
Employment-based visas have similar preference categories and numerical limitations. First preference workers receive priority based on their "extraordinary ability" or distinction in research or business. Professionals with advanced degrees or "E2" applicants, receive second preference. E3 applicants include skilled and unskilled workers with work experience and professionals with a college degree. Certain "special" immigrants such as employees of the U.S. Government, interpreters, surviving spouses, and religious workers fall into the "E4" category.
U Visas and VAWA Petitions help victims of crime and violence obtain immigrant visas without the required sponsor. VAWA stands for the Violence Against Women Act and is targeted toward battered spouses who can "self-petition" for LPR status, without the knowledge of their USC or LPR abuser. U Visas are reserved for non-citizen victims of crime who are willing to help authorities investigate or prosecute criminal activity. They are also available to victims of domestic abuse that are either not married to or recently divorced from the abuser.
USCIS has proposed a provisional waiver for IRs of U.S. citizens who have accrued unlawful presence (UP) in the United States. UP from "overstaying" a visa, entering without inspection, or failing to timely depart when ordered to do so bars aliens from returning for 3 to 10 years once they leave the country. Because UP is also a ground of inadmissibility, USCs are separated from family who must stay abroad to obtain a waiver or "consular process." The new process would allow eligible IRs to obtain a Provisional UP Waiver before leaving the U.S. to obtain an immigrant visa abroad, speeding up the process. However, the new waiver is not yet in effect.
If you need help obtaining an immigrant visa, contact an experienced Northern New Jersey immigrant visa lawyer today. Cindy has reunited families and found solutions for workers through the immigrant visa process. Cindy offers compassionate representation to victims of abuse, handling each case with dignity and respect. She is up-to-date on new laws that support your immigration case. The Law Offices of Cindy Ramjattan-Paul is dedicated to providing impeccable service to visa applicants both here and abroad.