John D. Perez, Newark immigration lawyer represents clients in employment and family based petitions, naturalization, consular practice and nonimmigrant visas based on corporate sponsorship

Immigration Law Practice Areas and Legal Definitions

The laws and procedures related to United States immigration are complicated and require a skilled immigration lawyer to properly navigate through the process. The New Jersey Immigration Lawyers of Perez, Perez & Perez, P.C. fight for the rights of those detained by Immigration & Customs Enforcement ("ICE") or served with a Notice to Appear in Immigration Court. Our firm also zealously pursues petitions for family-based and employment-based legal permanent residence.

Citizenship & Naturalization:

Whether you are filing forms because you were a child born abroad to one or two parents who are U.S. citizens, filing for natural or adopted children born abroad, or if you are applying for U.S. citizenship by naturalization, it is in your best interest to hire a lawyer. Immigration laws are very complicated and the requirements are very strict. If you fail to follow the instructions to the letter or file the proper form for your situation, your application could be denied. Let the New Jersey Immigration lawyers of Perez, Perez & Perez, P.C. guide you through the process and alleviate many of the complications that would otherwise arise.

Deportation and Removal Proceedings in Immigration Court:

An alien accused of being present in the U.S. without the legal right to be present can either be detained by ICE officials or served with a Notice to Appear before the Immigration Court in Removal Proceedings. Once an alien in proceedings is found to be removable, he or she, if eligible, may request one or more types of discretionary relief. The alien has the burden of proving that he/she is eligible for relief under the law and usually that he/she deserves such relief as an exercise of discretion. That is why it is important to call the Newark, New Jersey deportation defense attorneys of Perez, Perez & Perez as soon as being detained or served with a Notice to Appear, to stand up for your rights and defend you.

Appellate Practice:

Perez, Perez & Perez, P.C. also has an appellate practice that represents clients before the Board of Immigration Appeals, on Visa Petition Appeals before the Administrative Appeals Unit and before the Board of Alien Labor Certification Appeals. Along with appeals from Immigration Court decisions, the Firm will also appeal decisions to the U.S. District Courts, U.S. Court of Appeals for the Second, Third, Fifth and Eleventh Circuits and the U.S. Supreme Court.

Family-Based Immigration:

People who want to become immigrants are classified into categories based on a preference system. Immediate relatives of U.S. citizens, who include parents, spouses and unmarried children under the age of 21, do not have to wait for an immigrant visa number to become available once the visa petition is filed. An immigrant visa number will be immediately available for immediate relatives of U.S. citizens.

Marriage-Based Immigration:

There is a three-step process for your spouse to become a legal immigrant. First, the U.S. Citizenship and Immigration Services ("USCIS") must approve an immigrant visa petition that you file for your spouse. Second, the State Department visa bulletin must show that a spouse immigrant visa is available to your spouse, based on the date you filed the immigrant visa application. Third, if your spouse is outside the United States when your visa petition is approved and when an immigrant visa number (if required) becomes available, your spouse will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa. If your spouse is legally inside the U.S. when your visa petition is approved and when an immigrant visa number (if required) becomes available, he/she may use Form I-485 to apply to adjust his/her status to a lawful permanent resident.

Employment-Based Legal Permanent Residence:

Filing requirements differ for each of the categories but most employment categories require that the U.S. employer complete a labor certification request (Form ETA 9089) for the applicant and submit it to the Department of Labor's Employment and Training Administration. The new PERM filing system has greatly simplified this process. Note also that USCIS must approve an immigrant visa petition, Form I-140, Petition for Alien Worker, for the person wishing to immigrate to the U.S. The employer wishing to bring the applicant to work permanently in the U.S. files this petition.

Temporary Employment Visas:

If you will be working in the U.S. your prospective employer or agent must file Form I-129, Petition for Nonimmigrant Worker and the appropriate supplement with the USCIS accompanied by the required payment and initial evidence or documentation. In some cases, your employer must get a certificate from the Department of Labor prior to filing the I-129. Once your petition is approved, your employer or agent is sent a Notice of Approval, Form I-797. Approval of a petition does not guarantee a visa. After the I-129 has been approved and notice has been sent to the consulate in your country, you must file a visa application with the consulate. Some aliens may be visa exempt. In those cases, the I-129 approval notice is sent to the port of entry (POE) where you intend to apply for admission.

Take Action To Protect Your Rights:

If you or a loved one has been detained by Immigration officials or if you would like to apply for a family-based or employment-based legal permanent residence, please call Perez, Perez & Perez, P.C., today at

 

(973) 522-1222

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