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About

Visa

  • Foreign national who seeks to enter the U.S. generally must first obtain a U.S. visa issued by the traveler’s country of citizenship. Certain international travelers may be eligible to travel to the U.S. without a visa if they meet the requirements for visa-free travel.
    • I. Visa Waver Program (VWP)
      II. Visitor
    • • B-1 visa (Business) / B-2 visa (Pleasure)
      III. Student
    • • F visa (Academic Student)
    • • M visa (Vocational Student)
    • • J visa (Exchange Student)
      IV. Worker
    • • H-1B visa (Specialty Occupation) /
    •   H-3 visa (Trainee)
    • • E-1 visa (Treaty Trader) / E-2 visa (Investor)
    • • O visa (Extraordinary Ability Artists/
    •   Entertainers, Business People, Scientists,
    •   Educators and Athletes)
    • • P visa (Athletes and Entertainers)
    • • L-1A visa (Intra-company Transferees)
    • • R visa (Religious Workers)
    • • TN visa (Canadian and Mexican citizens
    •   engaged in professional activities)
    • • I visa (Representatives of the Media)
      V. Family-Related Visa
    • • K-1 visa (Fiancé)
    • • K-3 visa (Spouses of U.S. Citizens)
      VI. Law Enforcement Visas
    • • S visa (Witnesses)
    • • T visa (Trafficking Victim)
    • • U visa (Crime Victim)
      VII. Change or Extension of Status



    Green Card

  • A permanent resident is someone who has been granted authorization to live and work in the U.S. on a permanent basis. You can become a permanent resident several different ways.
    • I. Family-based immigrants
    • • Immediate Relative – spouse, children
         under 21 and parents of a USC
    • • 1st Preference – unmarried sons and daughters
         of a USC
    • • 2nd Preference
         • 2A – spouses and unmarried children of a LPR
         • 2B – unmarried sons and daughters of a LPR
    • • 3rd Preference – married sons and daughters
         of a USC
    • • 4th Preference – brothers and sisters of a USC
      II. Employment-based immigrants
    • • 1st Preference (EB-1) – priority workers
         • Extraordinary ability in the science, arts,
          education, business or athletics
         • Outstanding professors and researchers
         • International executives and managers
    • • 2nd Preference (EB-2)
         • Professionals with advanced degrees or
         exceptional ability
         • National Interest Waiver
    • • 3rd Preference (EB-3) – skilled workers,
         professionals and other workers; Schedule A
    • • 4th Preference (EB-4) – special immigrants
                                             – religious worker
    • • 5th Preference (EB-5) – investors
      III. Asylum
    • A person physically present or arriving in the U.S., who expresses a fear of persecution on account of race, religion, nationality or membership in a particular social group and/or political opinion is eligible to apply for a discretionary grant of asylum and eventually to adjust his/her status as a lawful permanent resident regardless of country of origin or
      current immigration status.
      IV. VAWA (Violence
      Against Women Act of 1994)

    • The spouse or child of a USC or LPR,
      or the parent of a USC, who is battered
      or subject to extreme cruelty may file
      a self-petition independently of the abusive
      USC/LPR spouse or parent.
      V. Reentry Permit
    • A reentry permit allows a permanent resident
      to travel outside the U.S. without abandoning
      residential status. It is valid for two years
      and saves a person from having to apply for
      a returning resident visa.




    Citizenship

  • U.S. citizenship can be acquired either by operation of law (e.g., birth in the U.S. or birth abroad to U.S. citizens or nationals) or by naturalization, which requires an affirmative application. There is also derivative citizenship to certain children whose parent or parents naturalize for whom citizenship is automatically granted as a matter of law.

  • You may qualify for naturalization if:
       • You have been a permanent resident for at least 5 years and meet all other eligibility requirements.
       • You have been a permanent resident for 3 years or more and meet all eligibility requirements to file as a spouse of a U.S. citizen.
       • You have qualifying service in the U.S. armed forces and meet all other eligibility requirements.
       • Your child may qualify for naturalization if you are a U.S. citizen, the child was born outside the U.S., the child is
          currently residing outside the U.S., and all other eligibility requirements are met.




  • Removal Proceeding

  • Deportation is ordered by an immigration judge without any punishment being imposed or contemplated. After April 1, 1997, aliens in
    and admitted to the U.S. may be subject to removal based on deportability. A person may be eligible for several forms of relief before
    the courts: Cancellation of removal for both permanent and Non-permanent residents, Asylum and withholding of removal, Protection
    under CAT, Waiver of removability or inadmissibility, Prosecutorial Discretion, Voluntary Departure, DACA, etc.


  • I. Cancellation of Removal    

    II. Asylum    

    III. Withholding of Removal        

    IV. Protection under Convention Against Torture (CAT)    

    V. Waivers of removability or inadmissibility    

    VI. Prosecutorial Discretion    

    VII. Voluntary Departure    

    VIII. Deferred Action for Childhood Arrivals (DACA)    





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    CONTACT


  • Address.Law Office of Jeongyun Jo
    (NJ Office) 2 University Plaza, Ste 100, Hackensack, NJ 07601
    (NY Office) 305 Broadway, Suite 1001, New York, NY 10007
  • Tel. 201 470 1313   Tel. 917 993 4917    Fax. 914 828 0048
  • Tel. 212 406 7400   (Spanish-Speaking Only; Milton Carlier, Esq)
  • email

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