A Guide on Citizenship Appeals By An Immigration Lawyer in NJ

If your citizenship application was denied and you feel that USCIS may have made in error in rejecting your application, you can file a citizenship appeal to challenge the basis of your denial.  There are several levels of appeal and each stage has its own unique requirements, so for residents of New Jersey (NJ) who have been denied in their citizenship application it is critical to consult with a local immigration lawyer. 

The N-336 Administrative Review of a Denial of a Citizenship Application

If USCIS denied your citizenship application, you can request a new hearing before an immigration officer.  In order to get such a hearing, the form N-336 must be filed with USCIS within 30 days that the denial of the N-400 application was received.  The current filing fee for the N-336 is $650. 

If the application for administrative review is filed in a timely manner, then a new immigration officer will review the original decision.  Within 180 days of filing the N-336, a hearing will be scheduled where you will be present with the option of having a lawyer accompany you.  An important feature of the N-336 Administrative Review is that new evidence can be submitted supporting the citizenship application.  Furthermore, a legal brief can be submitted as well. 

Appealing Your Citizenship Denial to Federal District Court

If your N-336 is denied, you may then ask a federal district court to review your citizenship denial. To make an application for judicial review before a federal district court, you must file a petition in the federal district court within the district that you live in.  For example, if you live in NJ, either you or an immigration lawyer can file before the United States Court of Appeals for the Third Circuit.  While regulations require filing for a petition of review within 120 days after denial of the N-336 Administrative Review, each circuit may have its own specific statute of limitations for a petition for review.  It is advisable to consult attorney on such issues. 

Delays in Citizenship Applications

There are many cases where the USCIS waits two, three, or even four years without reaching a decision on an applicant’s citizenship petition.  In such cases, one can file for mandamus relief before the local federal district court having jurisdiction over the appeal.  It is important to note that in such cases, the petitioner is not asking for the district court to make a decision in the citizenship application, but he or she is asking the court to compel the USCIS to make a decision.  If you think that USCIS is delaying your application without cause and you live in NYC, you should consult an immigration lawyer about filing a petition for mandamus relief before the United States Court of Appeals for the Second Circuit.

 Sethi & Mazaheri, LLC is a full service immigration law firm with offices in New York and New Jersey. We are well known as deportation lawyers and Immigration Lawyer in NYC.

What Is A J-1 Teacher Visa?

Foreign teachers who wish to teach in primary and secondary school in the United States.may qualify for a J-1 teacher visa. 

Applicants livinginthe Washington DC metropolitan area should consult with an immigrationlawyer prior to applying for a J visa.

Who May Apply?

In order to apply for a J-1 teacher visa, the foreign teacher must:

• Possess the required qualifications for teaching in primary or secondary schools in their home country or last country of residence;
• Have a minimum of three years of teaching or related professional experience;
•  Meet the teaching standards of the state in the U.S.where they will teach;
• Have a good reputation + character;
• Intend to enter the countryfor the specific purpose of teaching full-time at a primary/ secondary school that is accredited; and
• Haveenough proficiency in English to participate in the program.

What Are the Sponsor Requirements for this Visa?

Sponsors are an integral past of the J-visa process. They must review and select qualified alien teachers who can positively contribute to the education of US students and intend enter the country tolearn U.S. teaching methods.  Also, sponsors must monitor the foreign teacher’s stay, make sure that they are adequately performing their teaching duties, and ensure that they are participating in cross-cultural programs where they can educate themselves about the US.

During the application process, sponsors must provide the foreign teacher with the following:

• The length and location/s of the program;
• A basic summary of the coreelements of the program, which includes a statement of the teaching requirements and obligations; and
• A statement providing the details of the compensation packageas well asall other relevant financial arrangements.

As one can see, the requirements of the J-1 visa are complicated, and it is important to consult with an attorney on the viability of the application.  For individuals located in Virginia, find a local immigration lawyer that canhelp you navigate through this process.

What are “F visas” and “M visas”?

“F visas” and “M visas” are for individuals who intend to travel to the U.S. to continue their education. 

In order to apply, applicants must meet the following criteria:

1.       Be enrolled in an “academic”, vocational, or language-training program on a full-time basis;

2.      Be fluent in English or take courses leading to proficiency in the language;

3.      Be financially able to support themselves throughout their stay; and

4.      Maintain their residence abroad

The school must also be approved by USCIS’s Student and Exchange Visitor Program.

Individuals in New York who meet the above-referenced criteria are encouraged to seek the assistance of an immigration lawyer NJ or NY prior to applying.

Who Can Apply For An “F Visa”? 

Individuals who have been admitted at an accredited school in the U.S. and will attend on a full-time basis may apply for an F-1 visa. In order to apply, the program must result in the issuance of a degree, certificate, or diploma and must be authorized to accept international students.

Who Can Apply For An “M Visa”? 

Individuals who have been admitted to a vocational program may apply for an M-1 visa.

What If I’m Currently In The U.S. on a Visitor Visa?

Individuals who are currently in the U.S. on a B-1/B-2 visitor visa, and would like to enroll as a full-time student, may be able to change their status as long as they meet the following criteria:

1. They have not already enrolled
2. Their visitor status has not expired
3. They have not been working during their visit

Individuals who do not meet the above-referenced criteria may apply for a student visa at a U.S. consular post abroad.

May I Work With A Student Visa?

F-1 students may only accept on-campus employment throughout their first academic year. After their first year, they may seek off-campus employment, namely through three training programs:

1.       CPT – Curricular Practical Training

2.      OPT – Optional Practical Training

3.       STEM – Science, Technology, Engineering, and Mathematics

M-1 students, however, may only participate in these programs after they have completed their vocational training.

Please note that in order to work, the student’s job must be related to their respective area of study. Also, the school official in charge of the exchange program must authorize the employment in order for the student to be able to work.  

Individuals in DC should contact an immigration lawyer in DC, Maryland or Virginia prior to applying for a student visa.

Deportation Defense In New York From the Perspective of an IranianClient

While removal proceedings can have a tremendous impact on a personresiding in New York, they will have a more profoundimpact on an alien who is not familiar with immigration law.  In the context of anIranian in removal proceedings, it is important to hire a lawyer that is experienced in deportation defense and also one that understands the political situation in Iran.  Even though a lawyer’s ability cannot be solelydetermined based on that lawyer’s ethnicity, an Iranian lawyer may be more stronglyequippedto conveythe impact of such proceedings on a person of Persian descent. 

The Effect of a Charge and Detention on One’s Employment and Reputation

In Persian culture, importance is placed on a person’s employment.  Frequently, an individual who is placed in removal is in such a proceeding because of a criminal charge.  Sometimes, an individual is detained for the entirety of the immigration proceeding.  In dealing with criminal and immigration charges,it is important to know the effect of such charges on a person’s employment and reputation.In consulting with an immigration lawyer NYC, it is critical to understand that the lawyer is bound by the attorney client privilege and he or she cannot reveal the contents of any communication with the client.  Acomprehension of the magnitude of reputation within the Iranian community will influence a lawyer to protect the client and ensure that his profile is kept low .

Country Conditions

One area where an Iranian Lawyer may particularly help is in making an argument for asylum in a removal proceeding.  Iran is a unique country, with a distinctive political situation.  Understanding the nuances of politics in Iran and the turmoil surrounding the current regime will help a lawyer construct the most effective asylum argument.  A Persian lawyer is naturally better equipped to understand modern Iran and how to use this knowledge to build a strong asylum case.

What Is A “P-1A Visa”?

P-1A visas are for athletes who need to come to the U.S. in order to play at a specific event, either individually or as a team, at a level that is recognized internationally. The athlete and/or the team must also be recognized on an international scale.

The event, on the other hand, must require the contribution of international teams.

Those whose assistance/support is considered to be essential to the P-1’s athletic performance (i.e. coaches, trainers, scouts, etc.) may also apply for a P-1 visa. However, in order to apply, the worker(s) accompanying the athlete/team must possess skills that are not only essential to the P-1’s performance, but also incapable of being performed by a U.S. worker.

The spouse/children of P-1A visa holders may apply for P-4 visas. Even though they are not authorized to work, they may study throughout their stay.  As the requirements are complicated, if you live in NJ it is helpful to secure the services of an immigration lawyer NJ to assist you with your case.

Who May Petition?

Either the employer or the agent may submit the petition on behalf of the athlete and/or the team.

What Documentation Do I Need To Provide?

Unless no such organization exists, the employer or agent must consult with a labor organization that may provide a written description of the services the athlete and/or team will be performing in the U.S. as well as their qualifications for these services. 

Along with the petition and written consultation, the employer or agent should include

Copies of the employment contract between the athlete/team and a major league in the U.S., a detailed explanation of and itinerary for the event, along with copies of at least two of the following:

·         Proof of significant participation with a major league in the U.S. during an earlier season;

·         Proof of significant collaboration with a national team in an international competition;

·         Proof of signification participation in an intercollegiate competition for a college/university in the U.S. during an earlier season;

·         A written statement from an official of a major league in the U.S., or an equivalent governing body, detailing the athlete or team’s international recognition;

·         Proof of international rankings, if available;

·         Proof of honors or awards, if available

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For How Long May I Stay With A “P-1A Visa”?
 

P-1A visas are usually granted for the duration of the event, but no longer than1 year if the team is applying or no longer than 5 years if an individual athlete is applying.

However, the petitioner may request an extension if additional time is needed to complete the event. 

Individuals who meet the above-referenced criteria are encouraged to seek the assistance of a local attorney before applying. So, for example, if you live in Virginia, it may be helpful to consult with an immigration lawyer VA about your application.