At the Law Offices of Patrick C. McGuinness, LLC, our immigration and naturalization attorney counsels clients in immigration cases involving employment-based applications and family-based immigration petitions, including citizenship applications and representation in deportation and removal proceedings. We help with naturalization, immigrant and non-immigrant visas, labor certifications, and applications for political asylum.

We work with corporations to secure temporary visas for their employees, including H-1B visa petitions, and help individuals obtain green cards. Our family immigration attorneys help individuals and families apply for spousal visa, including nonimmigrant visas and permanent visas.

Our immigration and naturalization lawyer speaks Spanish and can explain complex legal issues in English and Spanish. We serve clients from across the United States and abroad. Below, please find some general information on immigration issues. Please contact us with any questions or to schedule a free initial consultation.

The Law Offices of Patrick C. McGuinness, LLC

Red Bank Office
331 Newman Springs Rd.
Bldg. 1, 4th Floor, Suite 143
Red Bank, NJ 07701
Phone: 732-784-2839
Toll Free: 877-346-8092
Fax: 732-909-2676

Scotch Plains Office
373 Park Ave. Suite 204
Scotch Plains, NJ 07076
Phone: 908-490-0909
Fax: 732-909-2676

With law offices in Red Bank and Scotch Plains, New Jersey, The Law Offices of Patrick C. McGuinness, LLC, serves clients in the cities of Asbury Park, Cranford, Eatontown, Elizabeth, Freehold, Long Branch,  Neptune, Newark, North Plainfield, Ocean, Plainfield, Red Bank, Roselle Park, Scotch Plains, Shrewsbury, Union, and Westfield, including New Jersey County, Essex County, Middlesex County, Monmouth County, Ocean County, Somerset County, and Union County, in both New Jersey and New York.

Immigration is the act of entering a country with the intention of permanently living and working there. The multi-step process involved in becoming an immigrant can be daunting. An immigration attorney can be an invaluable resource and advocate in navigating this process. If you are facing an immigration issue, call our firm today.

Eligibility

The immigration system in the US is set up primarily to grant immigration status based on factors such a family reunification, needed work skills, and capital investment. The immigration system also recognizes refugees and provides a "lottery" for immigration status to people who have less pressing immigration needs. The process for gaining legal immigrant status will depend upon which path you are eligible to pursue based on your employment, education, family, and other needs and characteristics.

Family

If an individual is seeking immigrant status based on the fact that they have a relative who is a US citizen or a lawful permanent resident, the following is required:

• The individual must be eligible for lawful permanent residence based on a family relationship defined under the immigration laws.
• Form I-130, Petition for Alien Relative, must be filed by the individual's relative (sponsor), along with proof of the family relationship, and the petition must be approved by the government.
• Adjustment of status or consular processing can begin immediately, or after the applicable wait, depending on the nature and degree of the relationship.

Additional steps are also necessary for a successful petition, and not every relative is instantly eligible. Your immigration attorney will help make sure you take all of the necessary steps for your petition.

Employment

If an individual is seeking immigrant status based on a permanent employment opportunity that he or she may have, the following is required.

• The individual must be eligible under one of the five categories of employment-based immigration.
• The individual's employer may have to complete and submit a labor certification request (Form ETA 9089) to the Department of Labor's Employment and Training Administration.
• The individual's employer must file an immigrant visa petition (usually Form I-140, Petition for Alien Worker) and the government must approve the petition.

Employment-based visas can be tricky, and the US employer may have to show that no American workers are available for the job. Both the immigrant and the US employer may need legal advice.

Capital Investment

If an individual makes a qualifying capital investment in the United States, the individual is eligible for immigrant status, provided that:

• The investment meets certain dollar figures, benefits the US economy, and creates or saves a specific number of jobs.
• Form I-526, Immigrant Petition by Alien Entrepreneur, is filed with, and approved by, the government.

Capital investment immigration is relatively rare, and the requirements are stringent. Some people think these immigrants have "bought their way in" to the country, but the complex rules surrounding this type of immigration mean that only those who will benefit the country are allowed to proceed.

Refugee

To be eligible for refugee status, the individual must have suffered past (or fear future) persecution on the basis of race, religion, nationality, political view, or membership in a certain group. An individual who is found eligible for refugee status must then satisfy certain medical and security criteria. Political pressures make refugee status difficult to prove, but your attorney can help you make the best possible case.

Lottery

Immigrant visas are made available annually through the Diversity Visa Lottery Program to people whose country of origin has low immigration rates to the United States. Each year, the State Department selects 110,000 applicants from all qualified entries. However, once 50,000 immigrant visas are issued, or the fiscal year ends, the lottery is closed. Immigrant visas are also not available for people whose country of origin sent more than 50,000 immigrants to the United States in the past five years.

Conclusion

There are several paths to gaining immigrant status and each path has a different process that must be completed. An attorney can help smooth the process. If you are interested in making an immigration petition for yourself or for a family member, call our firm today.

Copyright ©2007 FindLaw, a Thomson Business

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

Call us now

or use the form below.

An individual who is at risk of being deported faces the possibility that he or she will have to leave the life they have established in the U.S. and have to start over again in another country. Family relationships and friendships are threatened and employment opportunities may be lost. If you, or someone you know, is at risk of being deported, contact an immigration law attorney to ensure that everything possible will be done to preserve your rights.

Frequently Asked Questions about Immigration

Q: What are factors considered by the US Citizenship and Immigration Services (USCIS) in granting an individual immigration status?

A: Factors considered by the USCIS include whether the applicant has an immediate relative who is a US citizen or a lawful permanent resident; whether the applicant has a permanent employment opportunity in the US and whether that employment fits under one of the five eligible employment categories; and whether the applicant qualifies for refugee status.

Q: What is the purpose of the Diversity (DV) Lottery Program?

A: The purpose of the DV Lottery Program is to annually award immigrant visas to applicants whose country of origin has low (not more than 50,000 in the last five years) immigration rates to the US The program is called a lottery because there are more applicants than visas, and the visas are granted randomly among qualified applicants.