Immigration Law Information

O’Neill is a proactive member of the American Immigration Lawyers Association (AILA) and keeps current in all areas of immigration law. He provides competent, aggressive representation for any application before the four federal departments—Dept. of Homeland Security (DHS), Dept. of Justice (DOJ), Dept. of State (DOS), and Dept. of Labor (DOL)—that handle aspects of immigration law.

A view of the Peter F. Rodino Federal Building at 970 Broad Street, Newark, New Jersey, home of the Newark District of United States Citizenship and Immigration Services (USCIS), which is the benefits bureau of the Dept. of Homeland Security (DHS). Virtually all Northern New Jersey family-based immigration and naturalization applications requiring interviews take place here. The Rodino Building also houses the Newark Immigration Court, administered by the Department of Justice’s Executive Office for Immigration Review (EOIR), and the Offices of DHS-Immigration and Customs Enforcement (ICE) District Counsel, whose mission is to prosecute removal (deportation) proceedings against aliens. The Rodino Building is a major focal point of Brian O’Neill’s immigration practice.

Family-Based Immigration

O’Neill has substantial experience in petitions and applications and immigration issues facing aliens in and outside the U.S., including:

Alien relative petitions (I-130)
Fiancée (K-1) and Overseas Spouse (K-3) petitions (I-129F)
Adjustment of status applications (I-485)
Consular processing of approved petitions
Waivers (I-601) for “extreme hardship” and prior removal orders (I-212)
Spousal abuse (VAWA) petitions (I-360)
Petitions to remove conditions on marriage legal permanent residency (I-751)
Advance parole applications (I-131)
Employment authorization (EAD) applications (I-765)
Foreign adoptions

Basic information on family immigration forms and procedures can be found at the website of United States Citizenship and Immigration Services (USCIS), the immigration benefits bureau of DHS.

Asylum Law

O’Neill frequently assists clients in “affirmative” asylum applications (I-589) before Regional Asylum Offices of USCIS and “defensive” applications in immigration court including asylum, withholding of removal and Convention Against Torture (CAT) based relief. He has broad experience handling all types of refugee claims including those involving “arriving aliens” and detainees; political, ethnic, and gender/sexual preference persecution; and problems with terrorist organizations. His practice also includes Temporary Protected Status (TPS) Applications (I-821) and renewals, and adjustment of status (I-485) and refugee travel document applications (I-131) for clients granted relief as aslyees.

Defense of Removal

Brian O’Neill’s approach to removal (deportation) proceedings initiated against aliens includes prompt applications for release from detention on bond; in depth status reviews to develop all possible defenses to removal, including improper classification of “criminal” removal grounds for removal, family-based hardship waivers, renewed applications for adjustment of status during proceedings, and availability of citizenship and cancellation of removal as defenses.

Alien Criminal Defense

O’Neill has an excellent reputation for advice to individual clients concerning consequences of pending charges, convictions and immigration options. He has developed a specialized practice providing criminal defense counsel with detailed opinions on immigration consequences of pending charges and continuing assistance to minimize criminal consequences during plea bargain negotiations. See Alien Criminal Defense.

Status Assistance to Aliens Overseas, Non-immigrants and the Undocumented

Aliens overseas can benefit from O’Neill’s assistance in preparing non-immigrant (temporary) visa applications as visitors, students or temporary workers, and for emergency visits for family and medical reasons (humanitarian parole).

Aliens in valid non-immigrant status in the U.S. as students (F-1, M-1), visitors for business or pleasure (B-1, B-2), exchange visitors (J-1), temporary workers (H-1B, H-2B) and in other non-immigrant visitor or work categories can benefit from O’Neill’s guidance on change or extension of status applications (I-539) following the occurrence of unforeseen events (loss of employment), changes in personal circumstances (family emergencies) or simple changes in plans and new opportunities.

Aliens who are undocumented owe it to themselves to consult with O’Neill concerning their status and legalization options under current law, such as Section 245(i) “amnesty,” “cancellation of removal,” and other forms of relief. Such review is particularly important now that Comprehensive Immigration Reform (CIR) is off the legislative agenda for the forseeable future.

Employment-based Visas

O’Neill is fully equipped to provide economical and efficient representation to aliens seeking temporary, permanent and investment work visas in the USA including the following areas:

Non-Immigrant (Temporary) Work Visas

H-1B Professionals: Employers can sponsor degreed professionals and equivalent workers through the filing of Petitions for Alien Workers (I-129) for temporary work visas. This classification is highly sought after because it provides a path to permanent resident status through subsequent employer sponsorship for a permanent worker visa. (See EB-3 Professionals and EB-2 Advanced Degree Professionals).

H-2 Temporary Workers: Workers that must enter the U.S. to fill a one-time or seasonal worker needs can also be sponsored for by an employer for H-2A agricultural worker and H2-B non-agricultural worker visas.

J-1 Exchange Visitor: Individuals can participate in educational and cultural exchange programs, and have limited work opportunities, under the provisions of the “J” status visa.

L Executive/Manager (L-1A) and Specialized Knowledge (L-1B) Workers: Executive-level employees and specialized knowledge workers of multi-national businesses who wish to work in the US temporarily may be sponsored for an “L” status visa.

Extraordinary Ability: Persons who have extraordinary ability in the sciences, arts, education, business, or athletics can apply for an “O” status visa.

Athlete or Entertainer: Professional athletes or entertainers can apply for a “P” status visa.

Religious Workers: Ministers or priests in a recognized religious denomination can apply for a temporary “R” status visa.

E-1 Treaty Traders and E-2 Treaty Investors: These non-immigrant investment visas are available to aliens whose countries have treaties of friendship and commerce with the U.S. E-1 “treaty trader” visas are available to those are able to engage in “substantial trade” between the U.S. and their home countries. E-2 “treaty investor” visas are available to those who can make a substantial investment in an American business leading to domestic job creation. Both visa classifications allow aliens to live and work in the U.S. so long as they engage in commercial activity authorized by the treaty. These classifications have the advantage of being generally unlimited as to time—the alien must request an extension every two years, but there is no maximum time in E-1 or E-2 status.

General information about these and other non-immigrant classifications can be found at the website of United States Citizenship and Immigration Services (USCIS), the immigration benefits bureau of DHS.

Immigrant (Permanent or “Green Card”) Work Visas

EB-3 Professionals: Aliens in valid H-1B status in the USA or living overseas can apply for employment-based permanent residency as degreed professionals through the filing by their sponsoring employers of a Permanent Labor Certification (PERM) Application with the U.S. Dept of Labor.

After PERM Application approval, the employer files a Petition for Alien Worker (I-140). The employee can file an Application for Adjustment of Status (I-485) to become an LPR when the petition is approved and his/her visa priority date comes due.

“Schedule A” (20 C.F.R. § 656.15) foreign registered nurses who satisfy all CGFNS (Commission on Graduates of Foreign Nursing Schools) requirements, as well as physical therapists and certain other in-demand professionals can bypass the PERM process with the Dept. of Labor and immigrate to the U.S. with the help of a sponsoring employer.

EB-2 Advanced Degree Professionals: Members of the professions with advanced degrees or equivalent qualifications can apply for LPR status through sponsoring employers in the same way that EB-3 professionals can. Some EB-2 professionals may also be able to bypass PERM and self-petition without a sponsoring employer if they qualify for a “national interest waiver” (NIW).

EB-1 Extraordinary Ability Aliens: Aliens with extraordinary ability in the sciences, arts, education, business, or athletics that has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field may self-petition for permanent residence by making the required showings of extraordinary ability and professional preeminence.

EB-4 Special Immigrant Religious Workers: Priests, ministers and degreed professionals whose qualifications are necessary to work for non-profit religious organizations in the United States may be sponsored for as “Special Immigrants” (I-360) by their employers.

Naturalization and Citizenship

O’Neill regularly assists lawful permanent residents in naturalization applications (N-400) by screening for eligibility and criminal conviction or “good moral character” issues that make it in the client’s best interest not to apply for, or to delay, a naturalization application. Similarly, O’Neill helps clients who are undocumented citizens assemble the necessary evidence to establish citizenship through applications for certification of citizenship (N-600), a Consular Report of Birth Abroad of a Citizen of the United States of America (FS-240); or a straightforward application for a U.S. passport. (DS-11).