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Song Law Firm · Practice Areas

U.S. Immigration Lawyer

Direct consultations in 한국어, 中文, and English — no interpreters.

Korean-speaking immigration attorneys serving employment-based visas, family green cards, naturalization, business immigration, and removal defense across the United States — from our Fort Lee, NJ office and global affiliates in Korea and China.

3Immigration Attorneys
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01 · Our Team

A Three-Attorney Immigration Team

U.S. immigration is federal and time-sensitive — a missed RFE deadline or wrong visa category can cost months. Song Law Firm represents employment-based, family-based, and removal-defense clients directly, in Korean and English without interpreters, from intake through naturalization.

Joseph D. Song

Joseph D. Song

Founding Member

Admitted in New Jersey, New York, Texas, and Georgia. Directs firm strategy on complex employment-based petitions (EB-1, EB-2 NIW, EB-5), corporate immigration for Korean multinationals, and asylum/removal defense. Over a decade representing Korean-American families and global employers. Fluent in English and Korean.

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John Lee, Esq.

John Lee, Esq.

Senior Associate Attorney

Focuses on family-based petitions (I-130, K-1, adjustment of status), naturalization (N-400), and consular processing through embassies in Seoul, Beijing, and Manila. Experienced in handling complex inadmissibility waivers (I-601, I-601A) and Section 245(i) eligibility. Fluent in English and Korean.

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Won Eik (Joseph) Cho, Esq.

Won Eik (Joseph) Cho, Esq.

Associate Attorney

Admitted in New York and New Jersey. Handles employment-based nonimmigrant visas (H-1B, L-1, O-1, E-2), PERM labor certification, and I-9 employer compliance. Represents Korean-American restaurants, healthcare practices, and professional-service firms on workforce immigration. Fluent in English and Korean.

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02 · Practice Scope

Immigration Cases We Handle

From H-1B specialty occupation petitions to EB-5 investor green cards, family reunification to removal defense — full life-cycle U.S. immigration representation.

Work Visas — H-1B, L-1, O-1, E-2

Specialty occupation (H-1B), intra-company transferees (L-1A executive / L-1B specialized knowledge), extraordinary ability (O-1A/O-1B), treaty investor (E-2) and treaty trader (E-1). Cap-subject H-1B lottery preparation, premium processing, RFE response, extension and amendment filings.

Employment Green Cards — EB-1, EB-2, EB-3, NIW

EB-1A (extraordinary ability), EB-1B (outstanding researcher), EB-1C (multinational manager). EB-2 NIW (National Interest Waiver), EB-2/EB-3 PERM labor certification. Priority date strategy under the visa bulletin for Korean and Chinese applicants. Concurrent I-140/I-485 filing where eligible.

Family-Based Green Cards

Spouse (IR1/CR1), K-1 fiancé, parents and children of U.S. citizens (immediate relative). F1–F4 preference categories. Adjustment of status (I-485) and consular processing through Seoul/Beijing embassies. Affidavit of Support (I-864). I-751 removal of conditions.

Naturalization & Citizenship

N-400 naturalization application, N-600 derivative citizenship, dual nationality and lost-U.S.-citizenship recovery. English/civics test preparation, oath ceremony, and post-naturalization passport and Social Security updates. Eligibility analysis (5-year vs. 3-year for spouses of citizens).

EB-5 Investor & Business Immigration

EB-5 Regional Center investment ($800,000 targeted area / $1,050,000 otherwise). E-2 treaty investor (Korea is an E-2 treaty country; China is not). L-1A new office, business plan drafting, source-of-funds documentation. International acquisitions and corporate restructuring for immigration.

Removal Defense & Asylum

Immigration court representation (NTA, master calendar, individual hearings) for removal/deportation defense. Asylum, withholding of removal, Convention Against Torture (CAT). Cancellation of removal (LPR and non-LPR), VAWA, U visa, T visa. BIA appeals and federal court petitions for review.

03 · Timing Matters

When to Call an Immigration Lawyer

U.S. immigration deadlines are unforgiving. Acting early preserves your options — and often your status.

1

Before Your Status Expires

File extensions or change-of-status before I-94 expires. Even one day overstay can trigger 3- or 10-year bars on re-entry under INA §212(a)(9)(B).

2

When You Receive an RFE or NOID

RFE response deadlines are typically 87 days. NOID deadlines are 33 days. A weak response can derail an entire petition. Get counsel involved immediately.

3

Before Filing a Family Petition

Petition strategy affects 10+ years of priority dates and which family members can be included. Get the categorization right the first time.

4

If You Receive an NTA

A Notice to Appear means removal proceedings. Master calendar hearings move quickly. Counsel must be retained before your first appearance — and ideally days before.

04 · Questions Answered

Frequently Asked Questions

Common questions from individuals, families, and employers — answered by our immigration team.

What are the chances of being selected in the H-1B cap lottery?
The H-1B annual cap is 65,000 regular + 20,000 U.S. master’s degree exemption. Recent registration cycles have received 400,000–800,000+ registrations, giving roughly a 14% to 25% selection chance per cycle. Master’s exemption gets a second chance at selection. Cap-exempt H-1B sponsors (universities, qualifying nonprofits, government research) are not subject to the lottery.
How long does the EB-2 NIW (National Interest Waiver) take?
An I-140 EB-2 NIW petition typically takes 6–18 months for adjudication; premium processing is now available, returning a decision in 45 days. Then comes the priority date wait: as of recent visa bulletins, EB-2 India faces a 10+ year backlog; EB-2 China multi-year; Korea has been current most months. After priority date becomes current, I-485 adjustment of status takes 6–14 months.
Can I work while my I-485 is pending?
Yes — file Form I-765 (employment authorization) concurrently with I-485. EAD is typically issued in 4–9 months and is renewable. Advance Parole (I-131) is also recommended so you can travel internationally without abandoning the I-485. Without AP, leaving the U.S. while I-485 is pending usually constitutes abandonment.
What is the difference between consular processing and adjustment of status?
Adjustment of status (I-485) is done from inside the U.S. when an immigrant visa is immediately available — usually faster, allows EAD and Advance Parole, but requires lawful status. Consular processing is done at a U.S. embassy abroad (e.g., Seoul, Beijing) and is the only option for applicants outside the U.S. or those who fell out of status. Each path has trade-offs for inadmissibility, travel, and timing.
Is South Korea an E-2 treaty country? What about China?
Yes for Korea. Korean nationals are eligible for the E-2 treaty investor visa, which allows U.S. business ownership and operation with no fixed minimum investment (typically $100,000+ in practice). No for mainland China — Chinese nationals are not E-2 eligible. Common alternatives for Chinese investors: EB-5 ($800,000 in a TEA Regional Center investment) or L-1A (multinational executive/manager).
What is the National Interest Waiver (NIW)?
EB-2 NIW allows a person with an advanced degree (or exceptional ability) to skip PERM labor certification and self-petition for a green card. Under the Matter of Dhanasar three-prong test, the applicant must show (1) substantial merit and national importance of the proposed endeavor, (2) the applicant is well positioned to advance it, and (3) waiver of the job offer requirement benefits the United States on balance. Strong fields: STEM, healthcare, entrepreneurship, AI, climate, semiconductors.
How long does naturalization (N-400) take?
USCIS currently averages 5–10 months from N-400 filing to oath, varying by field office. Eligibility requires 5 years as LPR (3 years if married to U.S. citizen), continuous residence, physical presence (half the eligibility period), good moral character, and English & civics tests. Apply 90 days before eligibility (earliest filing window). Travel of 6+ months may break continuous residence.
What happens if my visa application is denied?
For nonimmigrant visas refused under INA §214(b) (failure to overcome immigrant intent presumption), there is no formal appeal — but reapplication with stronger evidence is allowed. For immigrant petitions denied by USCIS, options include motion to reopen/reconsider (I-290B), appeal to AAO, or refiling. Removal/asylum decisions can be appealed to the BIA and then to a federal Circuit Court.
I overstayed my visa. Can I still get a green card?
It depends. Overstay typically triggers unlawful presence bars: 180+ days = 3-year bar on re-entry; 365+ days = 10-year bar. However, immediate relatives of U.S. citizens (spouses, parents, unmarried children under 21) may adjust status in the U.S. despite overstay under INA §245(a). Other paths: I-601A provisional waiver, Section 245(i) grandfathered cases, VAWA, U visa, or asylum.
What is the EB-5 investor green card?
EB-5 grants a green card for a qualifying investment that creates U.S. jobs. Minimum: $800,000 in a Targeted Employment Area (TEA) or Regional Center project; $1,050,000 for other direct investments. Must create 10 full-time U.S. jobs. Two-step process: I-526E (petition) → conditional green card → I-829 (remove conditions after 2 years). Recent reforms (RIA 2022) added set-aside categories with faster processing.
I’m undocumented. Are there any legal pathways?
Several may apply depending on facts: marriage to U.S. citizen (with I-601A waiver for prior overstay), U visa for victims of qualifying crimes, T visa for trafficking victims, VAWA for survivors of abuse by USC/LPR spouses or parents, asylum if persecution-based (1-year filing deadline applies), TPS for designated countries, or Section 245(i) if a qualifying petition was filed by April 30, 2001. Confidential consultations only.
How much does it cost to hire Song Law Firm for an immigration case?
Most immigration matters are billed at flat fees for predictable case types (H-1B, I-130, I-485, N-400, EB-2 NIW). Complex matters (removal defense, EB-5, RFE responses) may be billed hourly or by stage. USCIS government filing fees are separate and quoted upfront. Initial consultations are free.

05 · Service Area

Service Area — Nationwide

U.S. immigration is federal — we represent clients across the country. In-office consultations from our Fort Lee, NJ headquarters; remote intake and document review nationwide.

U.S. Domestic

Fort Lee, Palisades Park, Englewood, Tenafly, Hackensack, Jersey City, Newark, Edison and all NJ counties. Manhattan, Queens (Flushing), Brooklyn, Long Island, Westchester. Out-of-state clients served nationwide via phone, video, and secure document portal.

Agencies: USCIS service centers (CSC, VSC, NSC, TSC, NBC); EOIR Immigration Courts (Newark, NYC); DOL ETA (PERM); DHS/ICE field offices.

International / Consular Processing

U.S. Embassy Seoul (immigrant and nonimmigrant visa interviews). U.S. Embassy/Consulates in Beijing, Shanghai, Guangzhou, Shenyang. Manila Visa Center for adjudicated cases. Global affiliate support in Korea and China for source-of-funds, document collection, and family liaison.

Office: Parker Plaza, 400 Kelby St, 19th Floor, Fort Lee, NJ 07024.

06 · Recent Articles & Columns

Immigration Columns & Visa Bulletin Updates

Recent immigration columns and policy updates from Song Law Firm.

07 · Success Stories

Recent Success Stories

Selected case outcomes by the Song Law Firm Immigration team.

08 · Get in Touch

Free Initial Consultation

Whether you are a worker seeking H-1B sponsorship, a family awaiting reunification, or a business planning workforce immigration — Song Law Firm offers a free initial consultation. You are under no obligation to retain us after we speak.

Phone
201-461-0031
Email
immigration@songlawfirm.com
Office
Parker Plaza
400 Kelby St, 19th Fl
Fort Lee, NJ 07024
Hours
Mon–Fri 9 AM – 6 PM
After-hours intake available
Call 201-461-0031Request Consultation
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