New York Immigration Attorneys

Oltarsh & Associates, PC

494 Eighth Avenue
Suite 1704
New York, New York 10001
USA

(212) 944-9420

(212) 944-9120

www.oltarsh.com

Contact Jennifer Oltarsh

Published Articles

Law Firm Overview FREE CONSULTATION

Oltarsh & Associates, P.C., based in New York City, is a unique law firm whose principal attorneys have practiced in immigration law for more than forty years.

The firm has developed a reputation among discerning professional individual, and business clients, foundations, and foreign consulates, with whom we have built long term relationships.

Oltarsh & Associates P.C. has inter-active computer-based programs to facilitate legal processes for clients. We are able to resolve multifaceted and complex immigration issues regardless of our clients' residence or business location.

Our attorneys and staff speak many foreign languages including: Spanish, French, Italian, and Portuguese Oltarsh & Associates, P.C's staff has abilities in other languages as well.

Year this Office was Established: 2001

Languages: English, Spanish, French, Italian, and Portuguese.

Areas of Law

Additional Areas of Law: Adjustment of Status; Asylum Waivers; Visa Waivers; Labor Certification; Permanent Residence for Registered Nurses; E-3 Treaty Professional Visas for Australians; Uncontested Divorce; Contested Divorce; Distribution of Assets; Hostile Work Environment; Senior Officers; Age Discrimination; Equal Pay; Family and Medical Leave; Equal Property; Contract Rights.

Areas of Law Description

- Immigration Law

Oltarsh & Associates, P.C. is a law firm whose attorneys have successfully dealt with immigration issues for over 40 years. We offer a dynamic practice in New York, across the country and throughout the world, and have years of experience in handling complex immigration issues, whether they are filings, consular issues or litigation. We represent individuals and corporations, and our partners provide each and every client with personal attention and experienced counsel.

Our immigration services include:

*Green Cards
We represent individuals and corporations who wish to apply for their employees in petitioning for permanent residence through their employment. In multiple manners, we streamline applications for national interest waivers through exemption from labor certification, as for example, through a managerial or executive intra company transferee, or through proof of extraordinary ability or for outstanding researchers or professors.

*Citizenship / Naturalization
After decades of experience, we are fully aware of all manners to evaluate eligibility requirements for naturalization. We can review a client's residency to determine eligibility and also appraise impediments to citizenship that may arise from an arrest, failure to register for selective service, substantial stays abroad, failure to prepare and file proper income taxes, and other criteria.

*Work Visa
We handle all of the non-immigrant categories, both at the inception and for extensions. This includes B1 & B2, E1 & E2, F1, M1, H1A, H1B, H2A, H2B, etc. For Canadians and Mexicans, NAFTA and/or U.S./Canada Free Trade Agreement contains some reciprocal provisions that may be applicable in individual cases, depending on circumstances.

*Deportation
Our outstanding legal staff is dedicated to zealously protecting the rights of our clients. We individualize each case and pursue all available legal remedies. Some of these include Cancellation of Removal, Applications for Political Asylum, and if available, Adjustment of Status and Suspension of Deportation. At a removal hearing, we also seek, wherever feasible, Voluntary Departure, if no other remedy is available, or indefinite Deferred Departure in cases where no remedy applies except compassionate circumstances. In the ultimate circumstance that no remedy is available to remain in the U.S., including voluntary departure, we seek, in the event that a client is deported, to apply when applicable, for a Waiver in order to enable our client to return to the U.S.

*Adjustment of Status
Adjustment of status within the U.S. is available for immediate relatives of spouses or parents of U.S. citizens provided the alien entered with a visa, even though the alien’s authorized stay has expired. It is also available to alien applicants who have obtained a labor certification indicating that there are no qualified or available Americans who are capable of performing the services the applicant does, and provided the alien applicant is in authorized status. Also for aliens of exceptional ability in the sciences or arts, they may apply for adjustment of status, if they are in authorized stay and they can prove that they possess current widespread acclaim and international recognition requiring exceptional ability.

*Asylum Waivers
We have successfully applied for persons who have left their countries as refugees because they and their families suffered persecution and discrimination for their political opinion, their race or religion or because of their national origin. For two centuries the U.S. has been a haven for such persons as well as those who are fleeing from national calamities such as genocide or catastrophic disaster. We at Oltarsh & Associates, P.C. have always tried to help and to strive to relocate worthy applicants to resettle and find a home in our nation.

*E-3 Treaty Professional Visas for Australians
Australians may apply under the Australian – United States Free Trade Agreement (AUSFTA) to live and work in the United States. E-3 visas are exclusively for Australians, and number 10,500 including spouses and children. Spouses of E-3s may work as well. Verification that the applicant’s salary meets or will meet a standard of parity with equivalent American workers is necessary. A Labor Condition Application must indicate and be approved by the Department of Labor that working conditions and wages will be equal with U.S. workers.

*Permanent Residence for Registered Nurses
Registered nurses are exempt from having to obtain a labor certification, which puts them on a fast track for permanent residence. This profession has been recertified by the Department of Labor because there are not sufficient Americans who are able, willing, qualified and available. A professional nurse may have less than a baccalaureate degree in nursing as long as the nurse has completed a program for professional nurses in his/her country, Canada or the U.S.

- Divorce and Annulments

We accept divorce as well as annulment cases; negotiate separation agreements for property distribution, and arrange custody and visitation rights. In cases of spousal abuse, we assist in legal counseling, to protect the interest of the abused party as well as to ensure the protection of children.

- Uncontested Divorce

We can help to expeditiously handle divorces. If both spouses agree, we can process an uncontested divorce. First we need to resolve the agreement between the spouses, prepare a Summons and Complaint and file them in Court. Immediately thereafter the defendant spouse must be served and the defendant spouse’s attorney must prepare and file an appearance in Court to accept process for the defendant and answer that the divorce is uncontested. An agreement between the parties as to the distribution of joint property and provisions for custody of children may be incorporated into the divorce decree.

- Contested Divorce

A contested divorce is conducted like any other trial. It begins with a Summons and Complaint and then the defendant must answer. Discovery proceedings may be conducted and then a trial is scheduled before a Judge and Jury, depending on the wishes of the parties. After the trial a decree is issued which is binding.

- Personal Injuries

Our experience is extensive in every type of accident case including automobile
collisions, falls resulting from broken streets or sidewalks, falling objects from buildings in poor repair, injuries resulting from chemical or biological substances that are dangerous including drugs, vaccines or industrial products, as well as medical malpractice cases. Our extensive experience and careful research and investigation assures you of your entitlement to collect the maximum money damages and awards and also for pain and suffering for injuries that are appropriate.

- Real Estate

We have over 40 years of experience in negotiating contracts and closing titles for single family homes and multiple dwellings, both for individuals and corporations. Our practice consists of the careful study of title searches to assure that there are no liens or taxes against the property at the time of closing and also to assure buyers and sellers that transfer of title is properly accomplished.

- Wills & Estates

Everyone should have a Will to protect their family and beloved ones. Over many years we have helped individuals with practical legal advice to provide for reducing the impact of taxes and where appropriate to prepare life trusts and gifts, for the benefit of families and loved ones and for charitable beneficiaries. After death we provide the full range of our expertise in handling estates, providing for the liquidation or distribution of assets

- Workplace Discrimination and Harassment

Employment discrimination because of gender, race, religion, national identity, age or physical impairments represent a severe problem for employees. We are vigilant in helping our clients, to provide protection in the work environment as well as substantial awards for damages. Harassment also represents a major threat to employees for such abuses as for sexual favors, and for these attempts to menace and diminish the stature of our clients, we are ready to assist in protecting them and to obtain substantial damages, compensatory and punitive. We have a long history of protecting clients in these cases and we have been extremely successfully in obtaining substantial judgments to compensate our clients for these wrongs. If you are unsure if you have a legitimate case, call us for a conference so that we can advise you and help you.

- Hostile Work Environment

For a case to be actionable, the environment must be both objectively and subjectively offensive to a reasonable person. This means that an employer allowing working conditions to exist that make an employee feel uncomfortable or threatened or prejudiced because of demeaning remarks by managers, supervisors or coworkers has permitted a hostile work environment that may be actionable.

- Senior Officers

If the officer is sufficiently senior to control policies of the employer, the employer is liable even where the company has a policy prohibiting it. A mid-level supervisor may also result in employer liability if the mid-level supervisor has the power to promote, fire or discipline an employee or recommend such action. A mid-level supervisor may be considered the employer if he/she directs the regular work of the employee.

- Age Discrimination in Employment

The Age Discrimination in Employment Act of 1967 (ADEA) prohibits age discrimination against persons age 40 years or older. Enforcement responsibilities were transferred to the EEOC in 1978. Mandatory retirement was prohibited and the protected age class was extended to include persons up to the age of 70.

- Equal Pay

The Equal Pay Act of 1963 provides that men and women who perform equal work for an employer must receive equal pay unless the difference in pay is explainable by a meritorious seniority system, a merit system, or a system that measures quantity or quality of performance or for any other reasonable standard not based on gender. The criteria are fixed by the Fair Labor Standards Act. Enforcement is delegated to the EEOC.

- Equal Property and Contract Rights

All persons have the same rights to make and enforce contacts. Raced based discrimination in hiring on firing practices is barred. All benefits, privileges, terms and conditions of contractual relationships must be equal among all races and ethnic groups. This Act is not restricted to employment contracts but in fact extends to any contract of whatever kind and/or description. No administrative exhaustion of remedies is imposed. Damages are also unlimited.

- Family and Medical Leave

During the 12 week period, the employer is obliged to maintain the employee’s existing health care benefits and to restore the employee to the position at the end of the leave without reduction of benefits. Employees may not be retaliated against for asserting these rights.