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
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 law covers the procedures
for entering the US, determines who is and is not eligible for entry,
sets the rules for obtaining citizenship and deporting foreign
nationals who violate US immigration or other laws. Immigration
attorneys assist foreign nationals seeking to come to the US to study,
travel, conduct business and work. They also help employers complete
the application and certification processes to employ foreign workers
for permanent and temporary positions. If you have an
immigration-related issue, contact our firm to schedule a consultation
with an experienced immigration lawyer.
Attorneys practicing immigration law may handle various legal
matters for aliens and US citizens living both inside and outside of
the US. Some of the types of issues someone may seek the assistance of
an immigration attorney include:
Visas for Permanent and Temporary Stays
Immigration attorneys can help foreign nationals with visa selection
and the application process, as well as help them understand the type
of documentation that will be necessary to secure a visa and explain
any restrictions on their ability to enter the US. Immigration
attorneys also can help employers determine the correct type of visa to
apply for to hire foreign nationals as temporary or permanent
employees, and help them determine whether any special certifications
are necessary from the Department of Labor.
Some of the most common types of visas include:
- Employment-based visas
- Family-based visas
- Temporary work visas
- Student visas
- Business visas
- Travel visas
- Exchange visitor visas
- Intracompany transferee visas
- Spouse and fiancé(e) visas
- Adopted child visas
Changing Immigrant Status
When applying for a visa, it is very important that foreign
nationals choose the correct type of visa that will allow them to
accomplish their goals while in the US. Each visa category comes with
special requirements and may include restrictions on the type of
activity the visa holder may do during his or her stay. For example,
holders of student visas are not permitted to work unless they have
received special permission. Sometimes it may be necessary for an alien
to change his or her immigrant status to another category, like a
student visa holder who has been offered permanent employment in the US.
Applying for Visa Extensions
Foreign nationals entering the US with temporary, or nonimmigrant
visas, are only permitted to remain in the country for a limited amount
of time, depending on the type of visa they received. For example,
seasonal agricultural workers are allowed to remain in the US for less
than one year at a time before they have to return to their home
countries. In some instances, the time allowed for the temporary visa
may not be long enough for the foreign national to complete the purpose
of his or her trip to the US. In these cases, the foreign national may
apply for an extension to remain in the US longer. There are strict
requirements and deadlines for applying for extensions, so it is
important the foreign national not wait until the last moment to apply
for one.
Citizenship and Naturalization
Foreign nationals who live as legal permanent residents in the US
for five years may be eligible to apply for US citizenship. This
process, known as naturalization, includes many important steps. The
immigrant must be able to demonstrate the ability to read, write and
speak English and must be able to pass a US history and civics exam.
The immigrant also must be of "good moral character." Certain types of
criminal convictions may make an immigrant ineligible for citizenship.
It is very important to prepare for the naturalization process and
truthfully complete the application process. Any material
misrepresentations during the process may result in deportation.
Deportation
If an alien violates the terms of his or her status or commits
certain types of crimes, he or she may be deported by the US government
back to his or her home country. Aliens who may be deported include
those with legal resident status, those with nonimmigrant or temporary
visas and those who have entered the country illegally. Some of the
types of offenses an alien can be deported for include:
- Conviction for certain crimes, such as drug crimes
- Overstaying visas
- Using fraudulent or falsified documents or providing material misrepresentations to enter the country
- Entering marriage fraudulently to gain entry into the country
- Assisting, encouraging, aiding or abetting others to enter the country illegally
- Engaging in any activity that endangers public safety or creates a national security risk
- Violating any other US immigration or other law
Those facing deportation proceedings are entitled to legal
representation and should seek the assistance of an experienced
immigration attorney. Aliens deported by the US may be ineligible to
return for up to five years, and in some cases, may never be allowed to
return to the country again.
Immigration attorneys also may answer questions concerning:
- Asylum and refugee status
- Diversity lottery
- Dual citizenship
- Visa waiver program
- PERM process
Conclusion
To learn more about how an experienced immigration attorney can help you, contact our firm today.
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