WALKING

WITH YOU Through the immigration process.

Immigration Lawyer in NJ

Walking You Through the Immigration Process

Immigration laws and policies are constantly changing. If you have an immigration problem,

time can be crucial. It is important that you act quickly to secure the representation of an

attorney who can aggressively defend your immigration status, so that you can live and

work in the United States.

At my law firm, I offer outstanding representation to my clients, and the opportunity to work

with an immigration lawyer in New Jersey with firsthand experience with the immigration

process.

When you retain my firm, I take all the necessary actions available in your case, to ensure

that you get the best possible outcome. I am committed to providing personalized attention

and an effective approach to help you solve your immigration matter.

I have a deep understanding of immigration law and I know how to apply it to each client's

case. As an attorney, I concentrate my practice on immigration cases. I am one of the very

few attorneys in New Jersey to have firsthand experience with the immigration process. I

am an Italian citizen, and during the course of the years in the United States, I had to deal

personally with the United States Citizenship and Immigration Services (USCIS). Before

becoming a lawful permanent resident, I had the F-1 student Visa, which I later changed

to E-2 Treaty Investor Visa status as the owner of my law firm, the Law Offices of Simone

Bertollini.

I am also proud to say that I have superior academic qualifications. Before receiving

my Juris Doctor at the University of Kansas School of Law, I earned a Law degree at the

University of Rome "Tor Vergata".

I am admitted to practice immigration law in all 50 states. I am a member of the New

York and New Jersey State Bars as well as the following Federal Courts:

U.S. District Court, Southern, Eastern and Western Districts of New York

U.S. District Court, District of New Jersey

U.S. District Court, Southern District of Texas

U.S. Court of Appeals for the Second and Third Circuit.

Moreover, I have been selected to the 2015 New Jersey Rising Stars list. Each year, no

more than 2.5 percent of the lawyers in the state are selected by the research team at

Super Lawyers to receive this honor and be recognized as the best in their area of practice.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers

from more than 70 practice areas who have attained a high degree of peer recognition and

professional achievement. The annual selection is made using a patented multiphase

process that includes a statewide survey of lawyers, an independent research evaluation of

candidates and peer reviews by practice area.

Adjustment of Status Lawyer Becoming a Lawful Permanent Resident

The process of Adjustment of Status is for immigrants that are physically present in the

United States and are eligible to obtain permanent residency (Green Card).

The main requirements for Adjustment of Status are:

That the immigrant was admitted or paroled into the United States (there are very

few exceptions to this rule);

That a Visa number is available;

That the immigrant was not convicted of a crime of moral turpitude (in this case,

a Waiver may be filed);

That the petitioner meets the requirements for the Affidavit of Support

Those that are not eligible to apply for Adjustment of Status will have to go

through Consular Processing.

Furthermore, in employment-based Visa petitions and family-based petitions not involving

immediate relatives of U.S. citizens, Adjustment of Status is available only to those that

maintained lawful status in the United States until the priority date was current.

Those that had entered the United States without inspections are not eligible for

Adjustment of Status, unless they qualify for Section 245(i), or unless they re-entered the

United States on a valid grant of Parole while in TPS status.

Visa Waiver Program overstay

Immediate relatives of U.S. Citizens are eligible to apply for a Green Card even after the

authorized period of stay granted with the Visa Waiver Program (ESTA). The USCIS has

issued a memorandum directing the local offices to adjudicate applications filed by VWP

entrants if the applicant otherwise is eligible for the Green Card. However, in cases like this

it is crucial to seek the help of an experienced immigration lawyer, because if the

application is denied the immigration authorities can place the immigrant in

expedited removal proceedings.

Need To Appeal a USCIS Decision?

At the Law Offices of Simone Bertollini, I represent clients with dedication and a strong

understanding of the law regarding immigration appeals. Unfortunate circumstances can

arise involving an unfavorable decision regarding one's immigration. In some cases, you

will have the opportunity to appeal your decision, which is a request for the decision to be

readdressed and modified by a higher power. Decisions can be altered if errors were made

or if any type of injustice took place. As a knowledgeable New Jersey immigration

Attorney, I can help you pursue an appeal if this will be in your best interest.

The Appeal Process

Appeals can first be made to the Board of Immigration Appeals (BIA). If your immigration

request is still denied, it can next be taken to the federal court. You must find out the

specific requirements for each stage of the process that you encounter. Decisions that are

denied by any party carry a 30-day time limit to be appealed with the next higher authority.

Appeals to the BIA

The Board of Immigration Appeals interprets immigration laws and addresses legal

immigration issues. Decisions made by the BIA regulate actions taken by Department of

Homeland Security officers and immigration judges. Many negative responses by the BIA

can be taken to the Federal Circuit Court for further review.

Appeals to the AAO

The Administrative Appeals Office hears many cases, including employment-based

immigrant petitions under INA § 204(b), and non-immigrant worker petitions under INA

§214. Unfavorable decisions by the AAO can be challenged in Federal District Court.

Writ of Mandamus

If the USCIS has delayed your Green Card or Citizenship case for an unreasonable time,

you can file a Writ of Mandamus in Federal District Court to force the U.S. Government to

make a final decision.

Writ of Habeas Corpus

A petition for a writ of Habeas Corpus is a civil action against the State or Federal agent

(usually a warden) who holds the defendant in custody, to contest the validity under U.S.

laws of the detention.

Writ of Coram Nobis

A petition for a writ of Coram Nobis is an extraordinary remedy for those that have been

released from custody but suffer from a serious collateral consequence of the conviction,

such as deportation from the United States.

Federal Court Appeals

Immigration appeals can be filed to the Federal Courts against decisions of the BIA, AAO,

or USCIS denials of applications for Adjustment of Status and U.S. Citizenship.

Legal Guidance From A New Jersey Immigration Attorney

If you are facing persecution in your home country, then you may be eligible for asylum in

the U.S! The United States offers refuge for any who are facing persecution or fear of

persecution based on:

Nationality

Race

Religion

Political affiliation

Membership in a specific group

To apply for Asylum, you will need to file Form I-589, Application for Asylum and for

Withholding of Removal within a year of arriving in the United States. Officials will conduct

a background check and take your fingerprints, then you will be scheduled for an interview

with a USCIS immigration officer.

Why You Should Work With an Immigration Lawyer

Your case will be granted or denied based on your paperwork, interview, and other factors.

Working with animmigration attorney that has gone through the process can benefit you

in the following ways:

The attorney can go through your paperwork and make sure that you didn't make

any mistakes.

The attorney can help you prepare for your interview.

The attorney can help you appeal the decision if your application was denied.

The attorney can file additional requests for employment, permanent residence,

or bringing your family to the U.S.

Cancellation of Removal Lawyer

An individual can face charges for removal from the United States for a variety of reasons,

such as criminal activity or overstay of a visa. You may be entitled to cancellation of

removal if you are facing deportation from the United States.

Cancellation of removal is a form of relief that can effectively prevent a removal order

from taking place. An immigration judge can grant cancellation of removal, but it is not

available for all aliens. Cancellation of removal results in a grant of a Green Card to an

eligible non-permanent resident, and in retention of Green Card status for lawful permanent

residents that are subject to grounds of removability .

As your New Jersey immigration attorney, I can help you determine whether you qualify

for this or otherdeportation defense actions.

Requirements for Cancellation of Removal

You can apply for cancellation of removal only if you are subject to deportation proceedings

and have been already served a Notice to Appear (NTA) by the U.S. government. Form

EOIR 42A must be filed with the immigration court, along with any supporting evidence.

The process for an individual facing removal charges will depend on whether the alien is a

non-permanent resident or a legal permanent resident. Listed below are the requirements

that must be met to apply for cancellation of removal.

Non-Permanent Resident Requirements

Non-permanent residents can only fight deportation if they have been present in the

country for a minimum of ten years and can demonstrate "good moral character." In order

to prove "good moral character," the alien must not have a serious conviction on his or her

records. Additionally, he or she must demonstrate that the removal would result in extreme

and unusual hardship to immediate family members who are U.S. citizens or legal

permanent residents.

Legal Permanent Resident Requirements

Lawful permanent residents can fight for a cancellation of removal if they have also

continuously lived in the United States for at least seven continuous years. Their status as

a legal permanent resident must be valid for a minimum of five years. Additionally,

cancellation of removal cannot be granted to immigrantd convicted of an aggravated felony

under federal law guidelines.

How to Become A Citizen Of The United States

To get U.S. citizenship, you must go through the naturalization process. Only lawful

permanent residents that have lived in the United States without interruptions for at least 5

years (3 years for spouses of U.S. citizens) are eligible to apply.

The Application Process

To begin the citizenship process, file Form N-400 with the USCIS, preferably with the

assistance of an Immigration Lawyer. After a few months, an interview will be scheduled. At

the interview, you will have to prove that:

You can read, speak, and understand the English language

You have a fair understanding of United States history & government (civics test).

If the case is approved, the applicant will be sworn in and will receive a Certificate of

Naturalization.

There are risks associated with U.S. Citizenship applications. Before the interview, the

USCIS will conduct heightened background checks on the applicant. Green Card holders

that were convicted of a crime risk may not only get a denial, but also to be placed in

removal proceedings by the U.S. Government.

The Benefits of Becoming A Citizen

U.S. Citizenship is the highest immigration privilege, and confers many important rights,

such as:

The right to vote in local, State and Federal elections;

The right to hold public offices;

The right to sponsor some family members for lawful permanent residence in the

US;

The right to live abroad without restrictions of time.

Furthermore, while a Green Card holder can be placed in deportation proceedings, a U.S.

Citizen will not be deported even in the event of a conviction for a serious crime.

Get Help With The Citizenship Process

Before filing your application for U.S. Citizenship, you should consult with an

experienced New Jersey Immigration Attorney of my firm to verify your eligibility and look

into your specific case. Our office has helped many lawful permanent residents to become

naturalized U.S. Citizens.

Crimes and Immigration

New Jersey Immigration Attorney

If you are applying for a visa to the United States, or if you want to maintain a valid

immigration status, a criminal record can cause major problems. A criminal conviction could

result in removal proceedings or denial of a visa application. If you are facing a

complication in the immigration process because of an arrest or conviction, it is important

that you retain the representation of an attorney from the Law Offices of Simone Bertollini.

At my firm, I am thoroughly dedicated to ensuring that my clients receive favorable

outcomes for their immigration cases. Being tried and convicted of a crime could mean that

you lose your eligibility status for immigration, and your application for admission or Visa

renewal could be denied. Even if you are already living in the United States, a criminal

conviction may have you facing deportation. By working with a New Jersey immigration

attorney from my firm, you can protect your immigration status.

Crimes in the United States

Any person who is charged with a crime may be feeling worried about their future. If you

are convicted of a crime, you will not only be penalized with jail time and fines, but you may

be facing removal. In the United States, immigrants who are legally residing in the country

with a valid Visa or Green Card can be deported if they are convicted of a crime of moral

turpitude or an aggravated felony. These crimes may include, but are not limited to:

False statements to law enforcement or federal agent

Evidence tampering

Bribery

Rape

Murder

Aggravated assault

Negligent homicide

Arson

Blackmail

Manslaughter

While lesser crimes may still leave you facing deportation, a conviction for an aggravated

felony will almost immediately affect your immigration status. Lawful permanent residents

that are convicted of a crime of moral turpitude can avoid deportation by applying for

a Waiver. Fight your deportation case by securing representation by an attorney from the

Law Offices of Simone Bertollini.

Crimes and Immigration Law

Under Federal immigration laws, only convictions for Crimes Involving Moral Turpitude

(CIMT) or an Aggravated Felony make an immigrant removable from the United States.

There is no set definition of Crime of Moral Turpitude. The Board of Immigration Appeals

(BIA) describes moral turpitude as a "nebulous concept," and one that "refers generally to

conduct that shocks the public conscience as being inherently base, vile, or depraved,

contrary to the rules of morality and the duties owed between man and man, either one's

fellow man or society in general." Also, the crime must have been committed with either an

"evil intent" or by acting recklessly.

Certain crimes are considered Aggravated Felonies. These include crimes of violence" for

which a term of imprisonment of 1 year of more has been imposed or a theft offense

(including receipt of stolen property) for which a term of imprisonment of 1 year has been

imposed. A good criminal defense attorney is often able to negotiate a plea agreement to

an offense that is not a CIMT or an Aggravated Felony.

Deportation Defense

Deportation or "removal" takes place when the Federal Government removes an immigrant

from the United States for violations of immigration or criminal laws.

A Notice to Appear (NTA), with the reasons for the removal, is issued by the U.S.

Immigration and Customs Enforcement and filed with the Immigration Court. The alien will

be asked by the immigration judge to admit or deny the allegations contained in the NTA.

According to Federal law, there are many reasons why a person can be deported from

the United States. The following are the most common:

1. Persons that were inadmissible at the time of entry to the U.S. or adjustment of

status,

2. Visa overstay;

3. Commission of Crimes Involving Moral turpitude (CIMT) also defined as crimes

involving moral indecency;

4. Falsify documents relating to entry in the Unites States, such as an alien

registration card, Visa or US passport;

Removal proceedings take place in Immigration Court. More than 200 Immigration Judges

distributed in 53 Immigration Courts nationwide conduct proceedings and decide individual

cases. The Immigration and Nationality Act (INA) and the law provide several forms of relief

from deportation.

Filing for Relief From Removal

If an Immigration Judge determines that you are removable, you could still be able to apply

for any form ofRelief from Removal, or any other form of discretionary relief.

The available forms of relief include:

Adjustment of Status from a non-immigrant to a lawful permanent resident, often

petitioned for by a spouse, another family member, or an employer;

Cancellation of Removal is available to qualifying lawful permanent residents who

have continuously resided in the United States for at least 7 years and qualifying

non-permanent residents continuously present for at least 10 years;

Suspension of deportation under the Nicaraguan Adjustment and Central

American Relief Act (NACARA);

Cancellation of deportation according to the Violence Against Women

Act (VAWA), for battered non citizen spouse or child of an abusive U.S. citizen or

permanent resident;

Protection under the Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment (CAT);

Asylum, for the victims of persecution in their country of origin, under section § 208

(a) of the INA, when the alien qualifies as a "refugee". The petitioner has to

demonstrate the inability to return to his/her home country;

Similarly, the Withholding of Removal or "non-refoulment", under the United

Nations Convention Relating to the Status of Refugees, is a form of relief of

removal to a country where the alien would suffer persecution based on race,

religion, nationality, or political opinion;

Voluntary departure at your own personal expense and return to your home

country, or another country. It's the most common form of relief from removal and

may be granted by Immigration Judges, as well as the Department of Homeland

Security (DHS). People granted voluntary departure must depart within the time

specified by the Immigration Judge. Usually people granted voluntary departure

prior to the completion of removal proceedings must depart within 120 days, and

those after the conclusion of removal proceedings must depart within 60 days;

The Board of Immigration Appeals (BIA) hears appeals of Immigration Judge decisions.

The BIA, part of the U.S. Department of Justice, is the highest administrative body, which

interprets and applies the immigration laws.

An experienced immigration and criminal defense attorney can help you and can

make the difference in any deportation defense. Once deported, an immigrant may

lose the right to return to the United States for life, even as a visitor.

Motions to Reopen or Reconsider

Motions to Reopen or Reconsider can be filed with an Immigration Judge or the BIA. If you

choose a motion to reopen you must file it within 90 days of the final removal order and you

have to introduce new and additional evidence. If you choose a motion to reconsider you

look for a reexamination of the decision and you must file it within 30 days of the date of

the final order.

The BIA has jurisdiction to hear appeals from decisions of Immigration Judges and DHS.

The BIA can dismis or sustain the appeal, remand the case to the Immigration Judge, or

refer the case to the Attorney General.

Finally, you can file a Judicial Review 30 days from the date of a final removal

decision, generally with the Court of Appeals. A Stay of Removal is a temporary order

preventing DHS from executing a deportation order. A stay or removal is automatic while

an appeal is pending before the BIA, or while a motion to vacate an in absentia order or

removal is pending before the immigration judge.

Family Immigration Lawyer in New

Jersey

Want to bring your family to the U.S.?

At the Law Offices of Simone Bertollini, I have helped many families reunite by getting the

necessary visas that allow them legally reside in the United States. Because the

immigration laws involving family visas are very complex, you should strongly considering

working with my firm. With admission to practice immigration law in all 50 states & two law

degrees, you can be confident in my abilities to skillfully handle your case.

Who is eligible to bring their family to the U.S?

In order to be eligible to bring family members into the United States, you must be a U.S.

Citizen or lawful permanent resident (Green Card holder). There are two types of petitions

that you may use: Immediate Relative Immigrant Visas & Family Preference Immigrant

Visas.

The Immediate Relative Immigrant Visas are for spouses, parents, and children of U.S.

Citizens only:

IR-1: Visa for a spouse

IR-2: Visa for an unmarried child who is under 21 years old

IR-3: Visa for an orphan who was adopted out of the country

IR-4: Visa for an orphan who will be adopted out of the country

IR-5: Parent (Petitioner must be at least 21)

The Family Preference Immigrant Visas are for certain more distant family relations of a

U.S. citizen, or a family member of a lawful permanent resident.

Family preference is given to a specific number of individuals each fiscal year. The

categories include:

F1 - First Preference

These are limited to about 23,400 each year and are granted to unmarried sons and

daughters and any of their minor children.

F2 - Second Preference

Approximately 114,200 visas each year are granted to spouses, minor children and

unmarried children over the age of 21.

F3 - Third Preference

Married sons and daughter of legal permanent residents will be given third preference. Only

23,400 applications will be granted admittance.

F4 - Fourth Preference

Siblings of legal residents and their spouses along with minor children will be granted fourth

preference. 65,000 of these applications are approved each year.

There are numerous different types of visas and petitions that may be right for your case,

so it is always advised that you seek representation of a trusted immigration attorney.

Almost every family situation will have a corresponding visa and understanding the laws

regarding immigration can be difficult. Do not try to navigate the United States Citizenship

and Immigration Services alone. Instead, contact the Law Offices of Simone Bertollini

today!

Federal Immigration Crimes

Crimes related to illegal immigration are a serious threat to national security and can

adversely impact the health and wellbeing of both aliens and U.S. citizens alike. There are

many offenses that Americans and foreign nationals may become embroiled in, and each

carries sobering repercussions ranging from fines and property forfeiture to life

imprisonment. Because immigration law is so complex and nuanced, it is ill-advised to try

and tackle an illegal status or impending conviction without legal advice and sound

professional intervention.

Whether you have been charged with a crime, have reentered illegally, or need help

determining your eligibility for waivers, I can lead you in the right direction. As a New

Jersey Immigration Attorney, I am qualified to advocate for you as you face legal trouble.

I have experience defending clients charged with criminal immigration violations in Federal

Court.

To find out more about the different areas of immigration crime and how my firm can be of

assistance, please click on the highlighted areas below.

Alien hindering removal from the U.S.

If you have not left the United States within the 90 day removal period, you may be charged

with hindering removal. This offense carries a maximum term of imprisonment of four

years, a period of supervised release following imprisonment, and a maximum fine of

$250,000. A court may decide to suspend a sentence based on mitigating factors; therefore

it is crucial that you have strong representation as you present your case.

Bringing in and harboring certain aliens

Is it illegal to let an immigrant who entered without inspection live with me? Can I help an

undocumented friend find a job? These are some questions we frequently receive related

to harboring illegal immigrants. Harboring is any action that can significantly facilitate an

alien's capacity to stay in the United States illegally. It is unlawful for anyone to harbor,

hide, or shield from detection by any means (including building or motor vehicle) a foreign

national who is not a legal resident of the U.S. These types of crime can carry sentences of

5, 10, and even 20 years.

Fraud and misuse of visas, permits, and other documents

Immigration fraud leads to a lifetime blacklist with very little room for forgiveness. There are

many kinds of fraud. Document fraud is the making, sale or use of forged IDs like driver's

licenses and passports. Benefit fraud is the deliberate misrepresentation of facts on an

application to get immigration benefits like a green card. Marriage fraud applies to anyone

who enters into a marriage under false pretenses for the purpose of evading U.S.

immigration law. I can help you avoid fraud by guiding you through the process of

completing legal applications, petitions, and/or waivers properly.

Violence against women act Self-sponsored Green Card for Victims of Domestic Abuse

Victims of abuse who are not citizens but are residing in the United States can find shelter

in the Violence Against Women Act (VAWA) which was passed by Congress in 1994. This

act created special provisions in the immigration law of the United States to protect women

victims. This law allows victims to obtain lawful status without needing to rely on the abuser

to petition on their behalf.

Usually, if you are a spouse, child or parent of a US citizen, or a spouse or child of a legal

permanent resident (LPR) and you want to obtain lawful permanent resident status (also

known as "green card"), the US citizen or the legal permanent resident has to file a petition

with the United States Citizenship and Immigration Service (USCIS) and may need to go

with you to an interview with Immigration authorities.

Further, if your marriage is less than two years old when you obtain your legal permanent

status, you would get what is called "conditional permanent residence" or "conditional

green card". Your spouse would then need to file a joint petition with you to remove the

"condition" so that you can obtain full lawful permanent residence.

In relationships of domestic violence, these requirements for the US citizenship or LPR's

participation are often used by an abuser as a form of abuse, gaining power and control

over the immigration status of the victim. Therefore, US immigration law allows certain

noncitizen victims of abuse to get legal status on their own without involving the abuser to

file anything for the victim.

If you have been abused and want to gain immigration protection through VAWA, contact

the New Jersey immigration lawyer at my firm!

We can help you fight deportation and help you seek permanent residency if you have

been the victim of domestic violence. There are options available and I am available to

discuss an appropriate method of resolution for you. If you are a battered immigrant, some

of the benefits of VAWA include:

Self-petitions for VAWA green cards

Immigration court deportation defense

Modification of conditional residency status

Am I eligible to self-petition for VAWA benefits?

If you are wondering whether you are eligible to apply for VAWA benefits, my firm can help

you know what this program offers. VAWA is not limited to women and other individuals

can also seek the protections it offers.

You may be eligible to file if you fall under one of the following categories:

Abused spouse of a U.S. citizen or lawful permanent resident (includes male

spouses

Spouses of U.S. citizens or lawful permanent residents with a child who is abused

Abused male and female children of U.S. citizens or lawful permanent residents

You may apply for lawful status in the U.S. on your own (self-petition) by submitting an

application to the United States citizenship and Immigration service, requesting lawful

status in the United States without the assistance of the abuser.

Proving Your VAWA Case

I can stand by your side as your New Jersey immigration lawyer as you seek evidence to

submit for VAWA benefits. You will need to fill out and submit USCIS Form I-360 and

evidence showing that you meet VAWA eligibility requirements. Evidence that will need to

be included with your Form I-360 includes:

Declaration describing your relationship with the abuser

Copy of your passport or birth certificate

Proof that you live in the United states

Proof that you suffered abuse

Proof that you lived with the abuser

Proof that you are either the abuser's spouse, parent, or child

Proof that the abuser is a U.S. citizen or green card holder

Evidence that you are a person of "good moral character"

U.S. Visas Experienced legal counsel in all Visa petitions

In the United States, only Citizens and Lawful Permanent Residents (Green Card holders)

are allowed to work. Those that enter the country illegally or obtain employment with a

tourist Visa can be placed in deportationproceedings by the immigration authorities.

Being sponsored by a U.S. Citizen for a Green Card through family reunification is the

most common, but certainly not the only way to work legally in the United States. Many

different types of Visas are available, depending on the skills of the beneficiary and the

nature of work to be performed. At the Law Offices of Simone Bertollini, I have helped

many people get Business, Investment, and Work Visas. I am one of the very

fewImmigration Lawyers in New Jersey with firsthand experience with the immigration

system, as I had different temporary Visas before becoming a U.S. lawful permanent

resident.

Visa categories available in the United States

Although there are many Visa classifications available, the following are the most common

Business and Employment Visas that my office handles.

B-1 Visa: is a temporary Visa for Business. The application must be presented at the U.S.

Consulate of the Country where the applicant resides. This Visa only allows stays in the

U.S for up to 6 months, and employment is not permitted.

E-2 Visa: is a popular investor Visa for Citizens with which the United States maintain a

Treaty of Commerce and Navigation. It requires a substantial investment in a Company that

is not marginal in nature. It is generally granted for an initial period of 5 years, it is

renewable, and the spouse and minor children of the principal investor can obtain a

dependent Visa.

H-1B Visa: is an employment Visa for foreign workers with a U.S. bachelor's degree that

are coming to the U.S. to perform services in a specialty occupation. It is granted for a

maximum initial period of 3 years, with the possibility of being renewed for another 3-year

term. The spouse and minor children of an H1B Visa holder can obtain the H-4 Visa.

EB-1 Visa: is an immigrant Visa classification is for workers or extraordinary ability,

outstanding researchers or professors and outstanding Multinational Managers and

Executives.

L-1 Visa: is for foreign companies that intend to transfer an executive, manager or

specialized employee in a U.S. based branch, subsidiary, or affiliate company.

O-1 Visa: is a work Visa for persons of extraordinary ability in the science, business,

athletic or arts that are coming to the U.S. to work for an employer in their area of

specialization. Unlike the H1B Visa, the O1 is not subject to an annual cap, and can be

used by J-1 Visa holders that are subject to the "2-year rule".

EB-5 Visa: is an immigrant Visa (Green Card) for foreign nationals that invest at least 1

million dollars (or $500,000 in a rural area) in an approved Regional Center or through a

direct investment that creates 10 full-time jobs for Americans.

For a preliminary assessment of your case, please send us a message through the

website or call us to schedule a free initial consultation.

Waivers of Inadmissibility Representation in New Jersey

Being denied immigration can be disheartening, especially when you may have spent

months or even years preparing your visa application. There are countless reasons why an

application could be denied, including improper documentation, criminal convictions and

past immigration violations. At the Law Offices of Simone Bertollini, I understand that a

denial can be stressful, but with the representation of m my firm, I can help you seek a

Waiver of Inadmissibility. Waivers provide you with a chance to contest your denial of

admission, and with the help of the experienced New Jersey immigration attorney from

my firm, you may be able to resolve your case quickly.

When compiling a waiver of inadmissibility package, you have to keep in mind that it is your

burden proving that granting the waiver would be more beneficial than actually denying it. If

the evidence filed with your waiver application shows the need to keep a family intact or

serve a humanitarian purpose, and the risk to the public is low, the waiver could be

granted.

One of the most common waivers of inadmissibility sought is the 212(h) waiver. Under this

waiver, individuals who have been convicted of a crime of moral turpitude or have been

convicted of possessing 30 grams or less of marijuana can still obtain immigration benefits

in the United States. If completed correctly, a 212(h) waiver can provide deportation

defense as well.

Basic Requirements for and Limitations of INA § 212(h):

By its terms, INA § 212(h) will only waive the inadmissibility grounds relating to:

Crimes involving moral turpitude (no limit to the number of offenses);

Engaging in prostitution;

A single conviction for simple possession or being under the influence of 30 grams

or less of marijuana, or an equivalent amount of hashish;

Conviction of two or more offenses of any kind with an aggregate sentence

imposed of at least 5 years; or

Asserting immunity against prosecution of a serious crime.

In addition, to qualify for the waiver an applicant must be:

A VAWA (Violence Against Women Act) self-petitioner;

A spouse, parent, son or daughter of a U.S. citizen or permanent resident who will

face extreme hardship if the applicant is removed;

Inadmissible only under the prostitution ground; or

Inadmissible based upon a conviction or event that took place more than 15 years

before the current application.

Does an applicant need to qualify for adjustment of status (Form I-485)?

Most people applying for a 212(h) waiver in the United States will also need to qualify for

adjustment status (Form I-485, Application to Register Permanent Residence or Adjust

Status), even if they are already lawful permanent residents. There are limited exceptions

to this rule, and courts are deciding whether additional exceptions might apply.

People who may not need to qualify for adjustment of status include:

Lawful permanent residents who were arrested by immigration officials while trying

to reenter the country;

Lawful permanent residents who successfully reentered the country after being

convicted, even though immigration officials could have arrested them when they

reentered.

When can you apply for a 212(h) waiver?

You can file an application (Form I-601) with the immigration judge in court;

If you are not in removal proceedings and would be eligible to apply for lawful

permanent residency if not for your convictions, you can file Form I-601 with the

USCIS, along with your application for lawful permanent residency (Form I-485).

To determine if you are eligible for a waiver of inadmissibility or for the new Provisional

Waiver of unlawful presence, contact the Law Offices of Simone Bertollini right away.

Aggressive Legal Counsel

At the Law Offices of Simone Bertollini, I am committed to ensuring that my clients receive

favorable outcomes to their cases. I understand that immigration issues can be stressful. It

is crucial that you obtain a resolution for them as quickly as possible. The moment you

retain the legal counsel of my firm, I can begin investigating the reason your immigration

application was denied and draft a course of action to help you obtain admittance or stop

removal proceedings. With the assistance of my firm, you can apply for a Waiver of

Inadmissibility and have your Visa approved. If you have questions about your situation, or

if you have been denied immigration benefits, contact the Law Offices of Simone Bertollini

right away and speak with the firm's immigration attorney now.

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