Visa and green card applications from New Jersey
Most people who want to visit, work, study or live in the United States need a visa or another form of immigration status. Visa rules are federal, so they are the same for New Jersey residents as for anyone else. The right path depends on your purpose, your family relationships, your employer and your immigration history.
Usher Law Group assists New Jersey residents, their families and employers with visa matters from its office in Brooklyn, New York. The firm does not have a New Jersey office.
Visa categories we assist with
Immigrant visas (permanent residence)
- Family-sponsored. U.S. citizens can petition for spouses, children, parents and siblings. Permanent residents can petition for spouses and unmarried children. Waiting times depend on the category and country. See family-based immigration.
- Employment-based. Green cards through an employer, or in some categories through self-petition. See employment and investor immigration.
- EB-5 investor. Generally requires an investment of $1,050,000, or $800,000 in a targeted employment area or infrastructure project, that creates at least 10 full-time jobs for U.S. workers.
- Diversity visa. An annual lottery for people from countries with low rates of immigration to the United States. Entrants must meet education or work experience requirements. Registration is free through the official State Department site. Be wary of anyone charging to enter.
- Special immigrant visas. For specific groups, such as certain religious workers and certain Iraqi and Afghan nationals who worked for or on behalf of the U.S. government.
Humanitarian visas and protection
- U visa. For victims of qualifying crimes who suffered substantial physical or mental abuse and have been, are, or are likely to be helpful to law enforcement. A certification from a law enforcement or other qualifying agency is required.
- T visa. For victims of human trafficking who meet the cooperation requirements, subject to certain exceptions.
- Asylum and refugee status. For people who fear persecution. See New Jersey asylum.
Nonimmigrant (temporary) visas
- Work visas such as H-1B, L-1, O-1 and TN
- Student and exchange visitor visas (F-1, J-1)
- Visitor visas, extensions and changes of status
For more on temporary status, see our visas page.
How we help
- Review your goals and history to identify the categories you may qualify for.
- Check for problems that could block approval, such as prior overstays, unauthorized work, misrepresentation or criminal records, and whether a waiver is available.
- Decide whether to apply from inside the United States (adjustment or change of status) or through a U.S. consulate abroad.
- Prepare petitions, applications and supporting evidence.
- Respond to requests for evidence and prepare you for interviews.
Important risks
- Overstays. Staying past your authorized period can make you ineligible to extend or change status. Leaving after more than 180 days of unlawful presence can trigger a 3-year bar to returning, and after one year or more a 10-year bar. Get advice before you travel. See what to do if your visa expires.
- Consular processing. Leaving the United States for a visa interview can itself trigger a bar in some cases. Review your history first.
- USCIS appointments. USCIS sends an appointment notice naming the location for biometrics or any interview. Biometrics are usually taken at an Application Support Center, and USCIS decides whether an interview is required.
Visa holders facing removal
If your visa has expired or been violated, or USCIS denied an application, you may be placed in removal proceedings. Options can include:
- Challenging the charges when the facts do not support them
- Adjustment of status before the immigration judge, if you are eligible
- Cancellation of removal, which, if granted, can lead to permanent residence for eligible non-permanent residents
- Waivers of certain grounds of inadmissibility or removability
- Asylum, withholding of removal or Convention Against Torture protection
Your hearing location and attendance instructions depend on the court assigned to your case. Review your hearing notice and confirm current information through EOIR. See deportation defense for more.
What to bring
- Passport, current and past visas, and your I-94 record
- All USCIS, State Department, ICE and immigration court notices
- Job offer letters, degrees and resumes for employment cases
- Birth and marriage certificates for family cases
- Any arrest or court records
To discuss your options, contact Usher Law Group for a free initial consultation.
Frequently asked questions
Do New Jersey residents follow different visa rules than New Yorkers?
No. Visa rules are federal. What can differ is the USCIS office or immigration court assigned to your case and, in court cases, the federal appeals court that reviews them.
What happens if my visa expires while I am still in the U.S.?
You may begin to accrue unlawful presence, which can limit your options and, after you leave, trigger a 3-year or 10-year bar to returning. Get advice before you travel or file anything.
How much must I invest for an EB-5 visa?
Generally $1,050,000, or $800,000 in a targeted employment area or infrastructure project, and the investment must create at least 10 full-time jobs for U.S. workers.
Who can get a U visa?
Victims of qualifying crimes who suffered substantial physical or mental abuse and who have been, are, or are likely to be helpful to law enforcement in the investigation or prosecution. A certification from a qualifying agency is required.