Visa and Status Types in New Jersey
About this article
Reviewed by the Commoner Law Editorial Team. Sourced from primary statutes (U.S. Code, CFR, state compiled statutes) and official government agency guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
How New Jersey differs from federal law
New Jersey provides state-level benefits to immigrants across several areas:
- NJ Tuition Equality Act (S2479, 2013): Allows students who attended a NJ high school for 3+ years and graduated to pay in-state tuition at public colleges and universities, regardless of immigration status.
- NJ DREAM Act (2018): Extends state financial aid eligibility to undocumented students who meet in-state tuition requirements, including NJ TAG (Tuition Aid Grant) and EOF (Educational Opportunity Fund) awards.
- Driver's licenses (NJ Drive Act, 2019): New Jersey issues standard driver's licenses to all residents regardless of immigration status. Undocumented applicants receive a standard (non-Real ID) license.
- Municipal ID programs: Several NJ cities (Newark, Trenton, Plainfield) offer municipal identification cards available to all residents regardless of status.
- NJ Immigrant Trust Directive (AG Directive 2018-6): Limits local law enforcement cooperation with ICE, creating a safer environment for immigrants to access state services and benefits.
Additional Steps in New Jersey
For in-state tuition, contact your school's admissions office or visit hesaa.org. For driver's licenses, visit njmvc.gov. For legal assistance, contact the American Friends Service Committee NJ at afsc.org or Legal Services of New Jersey at lsnj.org.
Relevant Law: N.J.S.A. 18A:62-4.4 (Tuition Equality Act), S699 (NJ DREAM Act, 2018), N.J.S.A. 39:3-10 (Drive Act, 2019), NJ AG Directive 2018-6
Federal baseline: Visa and Status Types nationwide
What is this right?
U.S. visas fall into two main groups: nonimmigrant visas for temporary stays (work, study, visit) and immigrant visas for permanent residence (the green card). Each visa has its own rules, eligibility tests, processing time, and quirks. Picking the right category is the foundation of any immigration plan.
The four major buckets: family-based (IR for immediate relatives, F1–F4 for preference categories), employment-based (H-1B, L-1, O-1, EB-1 through EB-5), student (F-1, M-1, J-1), and humanitarian (U-visa, T-visa, TPS, asylum). Many people already in the United States can adjust status to a green card by filing Form I-485 with USCIS without leaving the country. The process is technical and the wait times for some categories run into decades — F-4 (siblings of U.S. citizens) for petitioners from the Philippines is currently around 22 years.
When does it apply?
This information applies when:
- You want to come to the United States for work, school, or to join family
- You are already in the U.S. and want to change or adjust your immigration status
- You need humanitarian protection (asylum, trafficking victim status, or Temporary Protected Status)
- You want to check the current status of a pending application or petition
Key visa categories:
- Family-based: Immediate relative visas (spouses, parents, unmarried children under 21 of U.S. citizens) have no annual cap. Family preference categories (F1–F4) have annual limits and long backlogs.
- Employment-based: H-1B (specialty occupations — 65,000 annual cap plus 20,000 for advanced degrees), L-1 (intracompany transfers), O-1 (extraordinary ability), H-2A/H-2B (temporary agricultural/seasonal workers), EB-1 through EB-5 (permanent employment-based green cards).
- Student visas: F-1 (academic programs), M-1 (vocational programs), J-1 (exchange visitors). F-1 students can work through CPT and OPT programs.
- Humanitarian: U-visa (crime victims — 10,000 annual cap), T-visa (trafficking victims), TPS (Temporary Protected Status for nationals of designated countries), asylum.
How to check your status: Use the USCIS Case Status Online tool at egov.uscis.gov/casestatus with your receipt number. You can also call the USCIS Contact Center at 1-800-375-5283.
What to Do If You Need a U.S. Visa or Want to Change Status
Step 1: Decide temporary or permanent. Nonimmigrant visa for a defined stay, immigrant visa for permanent residence. The choice changes everything that follows.
Step 2: Check the eligibility checklist at uscis.gov. Every visa has specific requirements — education levels, employer sponsorship, family relationships, country of origin caps. Read carefully before paying for anything.
Step 3: For employment visas, the employer files first. Form I-129 for nonimmigrant petitions, Form I-140 for immigrant. For family visas, the qualifying U.S. citizen or permanent resident files Form I-130.
Step 4: For adjustment of status from inside the U.S., file Form I-485. Under INA § 245, eligible noncitizens can apply for permanent residence without leaving the country and going through a consulate.
Step 5: Track times and priority dates. USCIS Case Status at egov.uscis.gov/casestatus. The State Department Visa Bulletin at travel.state.gov tracks priority dates for backlogged categories. Some family preference categories have 10- to 20-year waits.
Step 6: Get expert eyes on the application. Immigration attorneys or BIA-accredited representatives. Mistakes on applications cause delays at best and denial-with-future-bars at worst. The forms look simple. They aren't.
What should you NOT do?
Don't overstay your authorized period. The I-94 record (at i94.cbp.dhs.gov) shows your authorized stay — not the visa stamp date. Overstaying past 180 days triggers a 3-year bar; over 1 year triggers a 10-year bar from reentering under INA § 212(a)(9)(B). These bars are extraordinarily difficult to waive.
Don't work without authorization. Working without an EAD or valid work visa violates your status and can make you removable under INA § 237(a)(1)(C). It also bars later adjustment of status in many cases.
Don't pay "notarios." In Latin America, a notario público is a high-level legal professional. In the U.S., a notary public is just a witness to signatures and has no authority to give immigration advice. Notario fraud has been rampant for decades. Only attorneys or BIA-accredited representatives can represent you in immigration matters.
Don't miss deadlines. H-1B cap-subject petitions have a specific registration window in March. Adjustment of status requires a current priority date. Asylum applications have a 1-year filing deadline. Each deadline has consequences for missing it.
Don't assume the visa stamp date is your departure deadline. Your authorized stay is set by the I-94, which is often shorter (or longer) than the visa stamp expiration. Pull the I-94 every entry.
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