Immigration and naturalization - New Jersey Immigration Law Blog

If you are an immigrant in New Jersey, you may have seen advertisements for “notarios” or “immigration consultants” who promise fast and easy results. They may claim to help you get a green card, citizenship or another immigration benefit. These services may sound attractive, especially if you want quick answers...

Immigration scams and fraud are serious problems that affect many New Jersey residents. Fraudulent individuals or organizations often target immigrants by promising quick fixes to their immigration issues, only to steal money or personal information. Residents should know how to spot these scams and avoid falling into these traps. Check...

Immigrants and migrants facing legal trouble often turn to the internet for quick answers. With artificial intelligence tools now able to generate instant responses, it may seem like an easy way to get legal information. However, when it comes to immigration, criminal defense and so-called “crimmigration” issues, relying on AI...

Economic opportunities, educational prospects, and the chance to live in a society that values freedom and diversity are often among the top reasons to immigrate to the United States. The U.S. government, in managing immigration matters, considers a variety of factors to ensure that individuals entering the country contribute positively...

When parents experience good fortune, they often want to share it with their children. They set aside extra income to support their children’s college dreams in the future. They make personal sacrifices to improve the lives of their children. They may even make drastic changes to their lifestyle to give...

The U visa provides immigration protection for victims of serious crimes who assist law enforcement with investigation or prosecution efforts. Congress created this specific visa category to strengthen the ability of law enforcement agencies to address crimes like domestic violence, sexual assault and human trafficking, recognizing that undocumented victims often...

No one ever plans to flee their home country. However, when your life is threatened by violence, persecution or an oppressive government, leaving may become the only choice left. Asylum offers protection to those who can no longer live safely in their own countries. Qualifying for asylum in the U.S....

To say that it’s been an anxious time for immigrants who aren’t U.S. citizens is an understatement. With all of the frightening headlines, it can be easy to forget about a law signed early in the current administration that is intended to – and likely will – result in more...

When a foreign-born individual becomes engaged to a U.S. citizen, they need a K-1 nonimmigrant visa, also known as a fiancé(e) visa, to enter the country and get married. If this describes your situation, you need to learn more to avoid mistakes that may affect your eligibility for this visa...

People come to the United States for a multitude of reasons. Some come here temporarily, such as on a student or tourist visa, while others look to make this country their permanent home. There are other groups who wish they could be in their home country, but it has become...

The goal of a green card marriage interview is to ensure that the marriage is legitimate. When someone marries a U.S. citizen, they can use that relationship to get a green card and become a permanent resident. But the government wants to ensure that people aren’t trying to defraud the...

When seeking a green card, you are working to become a permanent resident. This is a step above having a visa, which authorizes you to be in the United States for a specific purpose, such as employment, school or tourism. With a green card, you can be a permanent resident...

Obtaining a green card is a significant milestone in many immigrants’ immigration journeys. The card gives immigrants legal permanent residency in the United States. This means that individuals have the liberty to reside indefinitely in the country and even find a source of income. However, maintaining a green card requires...

USCIS has updated its guidelines for T-visas, which help victims of human trafficking stay in the U.S. for up to four years. These changes ensure eligible victims get the help they need more quickly and keep the program trustworthy. What are the updates? Here’s a simple breakdown of the updates:...

If you are an immigrant in the United States, maintaining legal status requires strict adherence to immigration laws and regulations. Breaking these laws can result in deportation, which is the formal removal of an individual from the country. Once an immigration judge gives a deportation order, you might be able...

The Violence Against Women Act (VAWA) provides a lifeline for certain immigrants facing domestic violence. The program allows eligible immigrants to break free from their abusers and seek immigration benefits. One critical form of relief under VAWA is cancellation of removal, which enables eligible individuals in deportation or removal proceedings...

Some immigrants don’t have to worry about their employment at all, outside of making ends meet. Maybe you got a visa as a college student so that you could take classes, or maybe you immigrated to the United States to be reunited with family members who were already living here....

Naturalization is the process that allows an immigrant to become a citizen. They must undergo a background check and meet a variety of specific criteria to be eligible. Usually, immigrants spend time living as permanent residents in the United States before they apply to become naturalized citizens. The naturalization process...

People want to build a life in the United States for many different reasons. Some individuals are here because they’re fleeing their home country because they have a well-founded fear of being persecuted. Those individuals may file an asylum petition when they make into the U.S. Asylum is available to...

Unlike affirmative asylum, where the hopeful immigrant takes a proactive approach through the U.S. Citizenship and Immigration Services (USCIS), “defensive” asylum is a direct response to the threat of deportation.  Typically, this means going up against a daunting and complex process before an immigration judge, with the USCIS acting as...

The family members most often brought to the U.S. are spouses, children and parents. What about siblings? Sibling relationships can be closer than any other familial bond. That can be especially true when parents are no longer alive or when an older sibling has helped raise a younger one. If...

The topic of immigration has sparked many heated debates, especially when it comes to the role of immigrants in the workforce. Many people fail to understand the necessity for an immigrant workforce.  However, the American Business Immigration Coalition (ABIC), a group of over 4,100 CEOs and employers, recognizes that immigrants...

If you are an immigrant in the United States, you may have a right to an Immigration Court hearing before getting deported. This hearing could be the difference between being allowed to stay in the United States and being deported back to your home country. Preparing for an immigration court...

Moving to the United States is a major undertaking. While you may be primarily focused on making sure your immigration paperwork is all set, there are also other things for you to consider. For example, you’ll want to think about the steps you can take to acclimate once you get...

In U.S. immigration law, two critical mechanisms offer protection to individuals fleeing peril in their home countries: asylum and temporary protected status (TPS). Both provide a lifeline for those facing severe threats but differ fundamentally regarding eligibility and benefits. Asylum is designed for individuals who fear persecution in their home...

A green card marriage interview is sometimes conducted when a non-citizen has gotten married to a U.S. citizen. The person who does not have permanent residency status is trying to use their marriage in order to obtain a green card. This is certainly a legal process, but the government may...

The U-visa is a non-immigrant visa that benefits victims of certain crimes who have suffered psychological or physical abuse and don’t mind assisting law enforcement and government officials in the investigation or prosecution of criminal activity. This unique visa opportunity provides protection and benefits to those who might otherwise be...

If you are planning to marry someone who does not currently have the right to live in the U.S., you need a legal way to get them in the country. If you are engaged to be married, you can apply for a K1 visa, also known as a fiancé visa....

Many people leave home and move to the U.S. for work or love. Yet, there may come a time when they miss having their parents around. Bringing their parents to the U.S. could work well – allowing their parents to help with childcare and allowing them to look after their...

Navigating the complexities of immigration law can be a daunting task, especially when facing the possibility of removal. Understanding the intricacies of the Violence Against Women Act (VAWA) and its application in the cancellation of removal process is crucial for those seeking relief. The Violence Against Women Act, enacted in...

If you are an immigrant living in New Jersey considering representing yourself in immigration court, think again. Most immigrants don’t have the knowledge and the language capabilities to plead their cases before immigration judges successfully. Just look at the case of this man from Afghanistan. U.S. immigration system is opaque...

Immigrants who lawfully live in New Jersey may still face temporary detention when they leave the United States and return to resume their lives here. An August 2023 ruling paves the way for the state to extend a contract with CoreCivic, a group of private prisons that detains immigrants while...

There are thousands of visa applications awaiting an interview. To put it in perspective, the federal government estimates that it might take up to 15 years to process just the backlog of family-sponsored visa applications, let alone other types of immigration applications. If you have a family member seeking to...

Immigrating to the U.S. to work in New Jersey is much more complicated if you have a prior criminal record. While not impossible, the process is more difficult because of the severity of restrictions in the United States. The USCIS will want to know every detail of your criminal history....

If you are almost ready for the U.S. Citizenship Oath of Allegiance Ceremony in New Jersey, there are some things you should know in advance. It’s in your best interest to prepare for this ceremony. This will make it so you know what to expect and what will be expected...

Immigrants who have been victims of past abuse can access a special U visa. This visa can help you to legally live and work in New Jersey. This special visa was established by Congress via the Victims of Trafficking and Violence Protection Act. Immigrants from many different nations have since...

In New Jersey and other locales, if you need a replacement or renewal for your expired green card, you must know the process and requirements to get a new card and maintain your U.S. permanent resident status. The following points provide guidance on the information required to work through the...

A Green Card sponsor is someone who assists an immigrant in receiving lawful permanent resident (LPR) status in the United States. A sponsor commits to financially supporting those seeking a Green Card in New Jersey or elsewhere. Immigration statutes establish rules and requirements for sponsorship, and there could be instances...

Asylum seekers who plan to relocate to New Jersey will be affected by a new ruling from President Biden. This move marks the second attempt by this administration to expedite asylum screenings. The first occurred in Biden’s first month but was derailed by sharp criticism from his opponents. Now, as...

Legal experts in New Jersey and nationwide are raising legal concerns about Customs and Border Protection One. The app allows asylum seekers to submit personal information electronically, reducing the need for face-to-face meetings. It is the only way to apply to become an asylum seeker under Title 42. Asylum seekers...

New Jersey is a state that attracts visitors from around the world. If someone from another country wanted to visit New Jersey, they might do so by obtaining a U.S. travel visa. Unfortunately, applying for this visa type doesn’t mean the U.S. government will approve it. There are several reasons...

As an immigrant with a criminal record who is living in New Jersey, you may still be eligible to apply for a green card. However, having a record can make the process more complicated. Disqualification for a green card First, determine if your criminal history will make you ineligible for...

According to reports from December 2021, there are over 600,000 people who are DACA recipients in New Jersey and the rest of the United States. The following demographics were collected by an associate professor of political science at the United States Immigration Policy Center. Age, marital status and country of...

A veces las personas se encuentran en una situación muy desesperada en que tienen que huir de su patria para proteger su vida y la de su familia. Estas situaciones se ponen aun más trágicas cuando la persona en cuestión se enfrenta con el proceso complejo y largo de la...

If you are a working nonimmigrant based in New Jersey, your stay might be conditional. In that situation, if you’re terminated from your job, you’ll have to find options to remain in the country. These are a few things you can do. Understanding the 60-day grace period There’s a 60-day...

For the average person, settling into a new home in New Jersey brings with it a mix of excitement and stress. When you’re an immigrant hoping to participate in the American dream, it can be a journey that’s fraught with paperwork and rising costs., and unfortunately, that expense may be...

While every immigration journey bringing new residents to New Jersey is different, there is usually a lot of stress involved. Some people may have trauma from events that led them to decide to leave their home country. Then there is the immigration journey and then the integration process as migrants...

The removal system in the United States refers to actions by an immigration judge that may result in an immigrant being forced to leave the U.S. The term “removal proceedings” replaced the term “deportation.” These proceedings may strongly affect the more than two million immigrants who live in New Jersey....

A U visa is given to people who are not U.S. citizens or permanent residents and who have been the victims of certain crimes. If you were physically, emotionally or economically harmed by a crime in New Jersey, you might be able to change your immigration status. Understanding a U...

New Jersey asylum seekers deemed for expedited deportations got a reprieve of sorts from the Biden Administration. Those with a credible fear of emotional or bodily harm if returned to their native countries can now bypass the immigration courts in the early stage of the application process. Instead, their asylum...

Una persona que no es ciudadano o residente permanente de los Estados Unidos corre el riesgo de deportación en cualquier momento. Este evento puede ser devastador para alguien que ya estableció familia, amistades, negocios, y más en los Estados Unidos. Por suerte, hay algunas defensas que a veces pueden ayudar...

The Petition for Alien Relative (Form I-130) is part of U.S. immigration law. Filing this application with the United States government shows proof of family validity when sponsoring a person or persons entering to live in New Jersey or anywhere else in the country. The Office of the Citizenship and...

International citizens who meet certain conditions established by US law may present themselves at US ports of entry to apply for asylum. US law grants rights to those who fear persecution or harm in their respective countries and offers them the ability to seek refuge in this country. Accepting the...

People who seek asylum in the United States may be able to access certain key benefits. These may include the right to settle, live, and work in any of its states, including New Jersey. You may be eligible to remain in the U.S. due to religious, gender, racial, or other...

The flow of immigrants to the United States has been blocked in recent years. This includes science experts who wish to work in New Jersey. As a result, many national security officers have urged for easing of these strict regulations. The more people that get STEM green cards, the better...

Si usted no es ciudadano de los Estados Unidos, es importante saber qué tipo de cosas pueden tener un efecto negativo en su habilidad de permanecer legalmente en el país. Algunos crimines le pueden descalificar inmediatamente por la ciudadanía e incluso la residencia, mientras que otros no. ¿Qué efecto tendrá...

The most recent data shows that more than half of all legal immigrants in the U.S. obtained their permanent residence through family-based immigration. Current immigration law states that it is possible for a lawful permanent resident, or LPR, as well as U.S. citizens in New Jersey to provide sponsorship for...

A Trade NAFTA (TN) visa is a non-immigrant employment visa for Mexican and Canadian professionals employed in certain professions who wish to work in New Jersey and other US states. The professions include lawyer, research doctor, dentist and engineer, among other skilled positions. It is a straightforward US work authorization...

The number of undocumented immigrants in the U.S. is at the level it was in 2004. Mexican nationals aren’t the majority of the undocumented immigrant population in New Jersey and other states; many undocumented immigrants come from Central America and Asia. The size of the undocumented immigration population The size...

New Jersey is a state with a variety of global cultures. Many come from around the world to seek the American dream. Although this is the land of opportunity, some sacrifices such as leaving loved ones in the home country are made. Fiancée visas help families remain together in the...

New Jersey is host to many immigrant cultures, and not all those people are in the country legally. Congress is still hammering out bills to deal with immigration laws, but the problem is not close to a resolution. Immigration and Customs Enforcement (ICE) can request local law enforcement to hold...

It’s common for immigrants in New Jersey who are targeted for deportation to have no legal representation. In such an event, immigrants that have strong cases for asylum or residency could end up being sent back to their home countries without a fair trial. No Sixth Amendment rights The Sixth...

The affirmative asylum process allows immigrants to apply for asylum in the United States. There’s a set of specific steps to follow, and affirmative asylum doesn’t help immigrants in the middle of removal proceedings in New Jersey or another state. Applying for asylum An immigrant needs to be physically in...

Asylum seekers relocating to New Jersey must work through a legal process to gain residency. Throughout this process, beginning with the first interactions with the government, asylum seekers have the legal responsibility to furnish fully accurate information at all stages of their application. Here is everything you should know about...

Lawful permanent residents, sometimes referred to as green card holders or LPRs, may wish to apply for United States citizenship. Rules exist for New Jersey residents who are interested in naturalized citizenship, including residency requirements. Those who owe back taxes might need to settle their obligations or face a possible...

Have you ever considered the possibility of immigration fraud? If not, then it’s important to know what to look out for in order to avoid legal issues. Lookout for fee requests United States Citizenship and Immigration Services has an official fee schedule. If someone asks you to pay more than...

Individuals from other countries who come to New Jersey and wish to stay will have to obtain a visa. If you are a victim of a crime in your home country, the U non-immigrant visa could be available for you. What are eligibility requirements for the U non-immigrant visa? If...

Going through the naturalization process in New Jersey is generally not quick nor straightforward. The government has a broad set of requirements that you must meet before becoming a United States citizen. According to the United States Citizenship and Immigration Services, you have good moral character if you meet the average...

Every year, people flee to the U.S. for fear of persecution, same as you. If you wish to stay in the U.S., you have to apply for asylum, but you may remain permanently when granted. If you have an upcoming asylum interview, you likely have a lot of anxiety and...

If you are not a citizen of the United States, you may believe that the U.S. Constitution does not apply to you. Perhaps you have heard people who are citizens tell you so. The truth is a bit more complex. In matters specifically related to immigration, the law applies differently....

Immigrants, whether they hold a visa or a green card, must follow the laws of the country or risk deportation. Unfortunately, some of the crimes that can result in deportation may be minor. Immigration law can be difficult to understand, as it includes both federal and state laws. Understanding what...

If you or a family member in New Jersey is facing deportation, which is also known as removal, you might wonder if there is any way to prevent this from happening. In fact, there are a number of different avenues that might allow you or your relative to remain in...

When you live in New Jersey or another part of the United States as a non-citizen, you need to take extra care when it comes to how you conduct yourself. Certain types of legal trouble, such as drug violations, have the potential to lead to detention or even deportation. If...

Immigration reform and discussions remain a contentious topic in the U.S. One thing that many companies agree on, though, is the need for a fresh pool of talent to keep businesses thriving. This holds true for many sectors of the economy. The importance of global talent Forbes writes about the...

Establishing your right to remain in New Jersey through a plea of political asylum can be tricky, requiring applicants to follow strict rules. However, life can get in the way of attending a scheduled asylum hearing. Rescheduling one can be allowed if you establish good cause. Explaining good cause When...

While the term “permanent residency” does indeed contain the word permanent, there are some situations where permanent residency status is temporary. In fact, many Green Card recipients start their time in the US as a “temporary permanent resident.” If you have conditional permanent residence, this means that you have a...

If you’re the family member of a legal citizen in the United States, you might be eligible to apply for a green card. A green card allows you to become a lawful permanent resident of the United States. However, you’ll have to meet certain qualifications before you’re allowed to apply....

If you are engaged to someone who is not a U.S. citizen, you likely have a number of questions. When it comes to family immigration, many people understand the possibility of bringing a foreign spouse or child to the U.S. through an immigrant visa. However, some people are unsure whether...

Immigrants commit crimes at much lower rates than the general population. This includes illegal aliens. In fact, the vast majority of crimes immigrants face charges for relate to immigration itself. However, there are instances when immigrants face charges of non-immigration crimes. When this happens, will ICE deport them?  It depends....

As an immigrant to the U.S., you are often under specific rules telling you how long you can stay in the country and when you must return to your home country or at least leave the U.S.  In some situations, it is possible for you to stay in the U.S....

There are many reasons to seek asylum in the United States. There are also many reasons that the United States may grant an immigrant asylum. Not every option works for every immigrant, and not every immigrant shares the same circumstances. But if you are a battered woman seeking refuge from...

America provides several pathways for foreigners to become residents or citizens. One common pathway the wealthy take is to pursue an investor visa and buy their way into U.S. residency or citizenship. This pathway injects money into the economy and even adds more jobs. According to USCIS, entrepreneurs need to...

Living in the United States is something many people dream of achieving. If you were born a citizen or have come to the United States, you are probably proud of your status. It is natural and admirable to want to extend that same opportunity to the people you love. Getting...

Becoming a citizen is a very complex process that takes a lot of time. Securing permanent resident status or a Green Card is also difficult. However, it may be a better option for some people who would like to stay in the United States indefinitely. If you have already received...

A person who wants to come into the United States with their family members must go through a complex process of applying for the proper documentation. Some individuals don’t realize just how difficult some of these laws are.to work through. Many laws, guidelines and directives change often, which makes it...

One of the major reasons that people cite for wanting to immigrate to the United States is that they want to create a better life for their children. This can mean a lot of things, but it often involves giving them educational opportunities they would not have had elsewhere.  For...

Most immigrants in the United States are in a somewhat precarious position. It only takes one mistake to potentially end their eligibility for permanent resident status, to impact their visa or to initiate deportation proceedings. The courts have the ability to interpret any criminal charges broadly to determine if it...

You get a lot of time to think when sitting in a police cell. You think of your mother back home, who relies on the money you wire each month. You remember how proud she was when you told her you were going to live in the United States and...

What happens to your children if you’re detained by Immigration and Customs Enforcement (ICE)? What happens if you’re deported? These are among the most valid worries that an undocumented immigrant with children can face in this country. An arrest can come without warning, and you can’t count on ICE agents...

United States Immigration and Customs Enforcement (ICE) officers claim that they’re conducting courthouse arrests — many of them without judicial warrants — to protect Americans from dangerous foreign nationals. But what’s so dangerous about an immigrant caught driving without a license or someone who made an ordinary traffic mistake and...

A common argument among those who want to limit immigration, both legal and illegal, in the United States is that “immigrants take American jobs.” At worst, the claim is false; at best, it’s a gross simplification of the facts. As with most things in life, the real situation is much...

Immigration is an incredibly expensive process. Whether you are someone who legally works as a migrant farmhand, following crops around the country or you want to apply for a visa related to a skilled position with a company, your current financial circumstances can play a role in the success of...

If you fear for your life in your country, the one thing you’ll try to do is to stay out of it. The United States does have a process for asylum to help people who feel threatened or who are in danger in their home countries. As a refugee, it’s...

Imagine this: You’ve lived in the United States for months or years on an expired visa, but you’ve worked hard, led a good life and been a responsible person. You have family, friends, a career and a community here. You eventually decide that you don’t want to live with the...

Wanting to become a citizen of the United States is a common desire. However, the naturalization process is not easy, and many people living in New Jersey may wonder whether they will ever reach this goal. Fortunately, understanding the process could help them work toward obtaining citizenship. First, a person...

It is common for U.S. citizens to have children outside of the country. This may be particularly true for military members and other federal personnel stationed abroad. Usually, when these children are born, they are still considered as residing in the United States. However, New Jersey readers may be interested...

Many New Jersey residents hope to find love at some point in their lives. For some, they may reach this desired milestone but not in the way they expected. Some individuals fall in love and marry people they met in other countries. As a result, immigration steps must be taken...

To many in New Jersey, across the United States and even outside the country, it can seem as if certain parts of the law are constantly up for debate. Currently, immigration is certainly at the center of many debates, and additional proposals regarding changes continue to be announced. One such...

New Jersey is home to many immigrants, some who have only recently arrived in the United States and others who have been living here for decades. The immigration and naturalization system can be quite complex. Therefore, it is not uncommon for legal obstacles to arise in either case, regardless of...

The Supreme Court today ruled 5-4 in favor of the Trump administration’s policy of detaining immigrants for an indefinite period of time who are waiting to be deported from the United States. In some cases many of these immigrants are held in immigration custody for several years even after they...

Partner, Derek DeCosmo, visits St. Joseph Pro Cathedral in Camden, NJ to discuss the impact of New Jersey’s “Immigrant Trust Directive” that went into full effect on March 15, 2019. The directive issued by New Jersey’s Attorney General places restrictions on local restriction on when and how the cooperate with...

Partner, Derek DeCosmo, argued an important issue before the U.S. Third Circuit Court of Appeals that will have a major impact on lawful permanent residents who have previously been convicted of a drug offense. Mr. DeCosmo argued that a conviction in New Jersey for possession of CDS with intent to...

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Many people’s journeys to better lives have a number of difficult aspects to them. Individuals looking to build those lives in the United States can face many roadblocks along the way, including immigration detention. While detainment does not mean their journeys are coming to an end, it could mean that...

Immigration issues continue to make headlines in New Jersey and across the country. Many people trying to enter the United States by seeking asylum are facing detention and numerous other difficulties along the way. Their situations may only get more challenging as the presidential administration continues efforts to add asylum restrictions....