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Immigration

Our immigration attorneys are familiar with immigration law, especially in Fort Lauderdale and other locations throughout Florida. Immigration law is complicated and we are familiar with immigration guidance relating to rare and common issues relating to immigration. We have helped many clients file immigration documents, assist with their immigration status, help them stay in the United States, and help with visas. 

 

Did You Know? Florida immigration attorneys can help you stay in the United States.

 

Legal immigration to the United States can be complicated and costly, but there are options for you and your family to stay in the country. At Nation Lawyers, our team of experienced attorneys has helped thousands of global citizens who have come to Florida legally immigrate to the United States. If you are looking for a Green Card, Citizenship, or a family, work, or student visa, call Nation Lawyers today!

 

How can I legally immigrate to the United States through Florida?

 

You have a path to citizenship, even if you have previous life obstacles that may be holding you back like a prior criminal conviction. According to the government, persons looking to become a U.S. citizen must:

 

  • Reside in the United States for a minimum of five years 
  • Stay physically in the United States for at least half of that time
  • Live continuously in the United States from application for to approval of citizenship
  • Be a person of good moral character
  • Pass requirements for literacy, U.S. government, and U.S. history

 

What options do I have to come to the United States legally?

 

Persons looking to enter the United States for extended periods have several options, depending on the reason for their stay. If you are looking to legally enter or stay in the United States, you can do so via:

 

  • Green Card - A Green Card grants you permanent residency in the United States, allowing you to live and work in the country.

 

  • Work Visa - Work Visas like an H1-B allow you to work for a specific employer for a temporary amount of time.

 

  • Student Visa - A student visa allows you to study at a university or vocational school for a short amount of time.

 

Immigration and naturalization is a complicated process that may include many twists and turns. If you or your family are looking to come to or stay in the United States legally, contact our team of experienced attorneys at Nation Lawyers today. We can help you simplify immigration issues in Florida.

 

Assistance with Immigration Status and Green Cards

In the United States, all legal workers must have a verified immigration status under federal law. Potential workers must have prior authorization to work legally in the U.S. The employer must fill out a form and then get that form verified. Once verified, an individual will be able to work in the United States. 

Our lawyers can provide assistance during the immigration process. Green card and permanent residence applications are a long process and can be legally complicated. Non-citizens may be eligible for applications relating to family members or employment. Under the case relating to family members, a current U.S. citizen may sponsor you and file a petition with one of our immigration attorneys. Additionally, employment based applications are completed on a case-by-case basis when the United States Customs permits a limited amount of employment visas for immigrants seeking residence.  

The state of Florida has limited jurisdiction in terms of construction and enforcement of immigration law, meanwhile Congress has complete authority. If you have been detained by the United States Citizenship and Immigration Services (USCIS), you may be able to post a form of immigration bond. This immigration bond is a type of surety bond that can secure the release of a person residing illegally in the United States from the custody of the Department of Homeland Security, given the promise to return for a court date in the future.

Our immigration lawyers know that Florida abides by the federal program Secure "Communities." This states that all individuals who are arrested must be fingerprinted and run through a database confirming their residential status. If you are found to be living illegally in the United States, there can be severe legal consequences. Therefore, it is essential that you consult a well-informed and compassionate attorney to examine your particular case and fight any allegations.

 

Asylum

According to the Immigration and Nationality Act, asylum can be claimed if an individual qualifies as a ‘refuge’. A refuge can be defined as an individual leaving his or her country due to fear on the basis of their nationality, race, religion, creed, sex, etc. If the definition is met, asylum status is possible for a limited amount of refugees. Asylum may be sought while in the United States or from outside the United States. The asylum process is different depending on where you are located.

 

Asylum While in the United States

The United States Citizenship and Immigration Services can process asylum at an advanced rate if you are already in the United States and not facing current removal proceedings. Within an average of 21 days, the application submitted will receive a notice on the next steps. Next steps include meeting with a government official and conducting an interview. After approximately 40 days, an interview will occur and the decision will be made within 60 days of the interview. The entire process is viewable online and is easy to track your case.

 

Asylum While Outside of the United States

To apply for status as a refugee, one must visit a U.S. Embassy, U.S. Consulate, or the UN High Commissioner for Refugees (UNHCR) office in his or her native country. Next, the individual is required to submit documents containing the details of his or her situation. This must include assurance of a United States sponsor who supports their effort to relocate. After this has been submitted, the individual will have a meeting with an overseas asylum officer, who will gauge the merits of the case. If the case is approved, the individual will then be given a visa through which they can enter the United States. There is no appeal process if the application is denied.

 

FAQ

 

The Asylum Process

To qualify for asylum, the United States government must award you a specific immigration legal status.

 

Is it Legal to Seek Asylum?

By international and domestic law, you are legally able to seek asylum in the United States as a refuge. The United Nations, of which the United States is a member, has a designated protocol related to seeking asylum and protecting those who attempt it. All refugees qualify for the UN protocol and are protected from being punished for seeking asylum.

 

Who Seeks Asylum in the United States

Individuals from all over the world have sought Asylum in the United States. Many people come from countries in Central America. Others such as China and Ethiopia are also common.

 

Why do People Who Seek Asylum Move to a Different Country?

Those who are able to simply relocate in their home country are not able to seek asylum legally. In cases where an individual is not safe in the entirety of their home country, they are able to seek asylum. Some examples include those who are watched by their own government and not able to relocate to other parts of the country.

 

How Does One Enter the United States to seek Asylum?

Unfortunately, there is no legal process to enter the United States without a visa. It is common for individuals to gain access to the United States by using a tourist or student visa. However, courts in the United States understand that it may be difficult to enter the United States if an individual happens to enter illegally to retrieve asylum.

 

What Benefits Are You Eligible For As An Asylum Seeker?

In the United States, asylum seekers are not eligible for any state or federal benefits. The United States currently denies asylum seekers access to essential services and ultimately delays one’s ability to work. Due to the inability to properly financially support themselves, many asylum seekers are subject to isolation, poverty, and predatory networks during the immigration process. 

 

Deportation Claims

Under federal law, it is legal for the United States to remove a person who is not a United States citizen. An administrative procedure is conducted in a court of law and then the individual is removed. The government must prove that the individual should be deported. While you may be eligible for some protections under the constitution, your legal rights may be limited. 

 

Removal Procedure

Removals that occur when a person is apprehended by Border Patrol at or in the vicinity of the U.S. border require no legal proceedings. However, removals of other kinds require a legal procedure with some guarantee of due process. Immigration and Customs Enforcement (ICE), part of the Department of Homeland Security, investigates and enforces removal actions against people who allegedly are unlawfully residing in the United States. The immigration court system is ultimately part of the Department of Justice. In the immigration court system, immigration judges (IJs) provide services similar to administrative law judges in other government agencies.

ICE must identify specific grounds for your removal and cite statutory authority. You may concede the charges or oppose them, raising defenses to removal. If an IJ orders you removed, you may appeal to the Board of Immigration Appeals (BIA). An appeal from a BIA ruling then goes to the jurisdiction of the federal Circuit Court of Appeals.

 

Immigration Employment

 

Authorization to Work in the United States

Millions of foreign nationals express interest in working in the United States each year. To do so, you must receive employment authorization if you are the citizen of another country. The federal government must give you permission to legally work here.

If you are not a citizen or green card holder, you must receive work authorization to legally work inside the United States. If approved, you will receive a card and document from the federal government. You will receive an employment authorization document (EAD) that proves you are legally able to work in the U.S.  

Different people who come to the United States seek authorization to work. Some of these include asylum seekers, students, family members of U.S. citizens, and more. If you currently have a green card, you do not need a work authorization card.

The process requires that you file an application using Form I-765, Application for Employment Authorization, with the United States Citizen and Immigration Services (USCIS). The form is straightforward and mostly includes simple identifying information, such as your name, mailing address, and contact information. This form can also be used to apply for a Social Security Number instead of a separate application at the Social Security office.

You can submit the application online or deliver by mail to a particular office. However, even if you file your application online, you are still required to mail in any supporting documents. In addition, you may need to mail in a filing fee with the application. Information on whether your form requires a filing fee are listed in the form instructions.

The work authorization application is used to prove that a person is able to legally work inside the United States. However, only certain immigrants are able to apply for the work authorization status. If you are currently applying for a green card or already have legal rights to be inside the United States, you may not be able to file an application. We recommend that you speak to one of our qualified attorneys who specialize in immigration law and work authorization forms. 

If you already have a work authorization permit, you can renew the card six months prior to the EAD expiration. You must have the EAD in your personal files and you may need to replace it immediately if it is lost or stolen. It is important to verify the information on the work authorization permit because it may be ineligible if something is spelled incorrectly or if there is an error on the document. 

 

Family

 

Family Visas

Nation Lawyers is a family firm specializing in Deportation Defense, providing professional legal services. With years of experience in Deportation Defense, including various cases and legal wins, Nation Lawyers is your firm of choice for Civil law. Deportation Defense is a part of Immigration. Contact us today for a free consultation or to just talk about your case or our qualifications in relation to Deportation Defense.

 

At Nation Lawyers, our team of experienced attorneys understands that immigration and naturalization status affects not only you but also your entire family. We have years of experience helping people like yourself navigate the laws and administrative procedures put in place to help you become an American citizen. Our goal is to help you protect your family by assisting you through the citizenship process, bringing you hope, and helping you live the American Dream.

 

If you are a United States Citizen or legal permanent resident of the country, you may be able to petition to bring your family to the states under The Immigration and Nationality Act. The law also applies to fiances and widowers though it can be a long and complicated process. At Nation Lawyers, we can assist you with filing the proper paperwork to ensure the process goes smoothly.

 

How Can I Help My Family Come To The United States?

 

To bring your family to the United States, you must be able to prove that you are a naturalized citizen or a legal permanent resident. Under these circumstances, you can petition the government to sponsor one or more of the following family members to come into the country:

 

  • Spouse
  • A Child of any age (over or under 21)
  • A Sibling, assuming the sponsor is at least 21 years of age
  • A Parent, assuming the sponsor is at least 21 years of age
  • A fiance (if no marriage takes place, the fiance must return home)

 

At Nation Lawyers, we can also assist you with obtaining the proper visas for your family. If you are a naturalized citizen or a permanent resident and wish to bring your family into the United States, you are afforded certain protections in the country. Our team of experienced attorneys can help.

 

Securing Your Path To Citizenship

 

Our attorneys will fight aggressively to protect your rights. We understand green cards, permanent residency, and everything else you need, and we will aggressively defend you if you are facing deportation. Most importantly, we will guarantee that you and your family will be treated fairly.

 

Our experienced attorneys can help you and your family live the American Dream if you are looking for a path to citizenship. When it comes to visa applications, whether you are a student or an employee, our attorneys will make sure that everything is completed correctly and on time. We will protect your rights if ICE attempts to deport you from the country and aggressively fight by your side. Moreover, we understand that your green card could be the first step on the path to citizenship, so we will take extra care to ensure that the process goes smoothly.

 

Frequently Asked Questions

 

What type of visas are available to me to enter the United States?

 

If you are looking to visit the United States, then you will need a non-immigrant visa, such as a student visa, a business investor visa, or a travel visa. 

 

If I wish to come to the United States permanently, which type of visa will I need?

 

To become a permanent resident of the United States, you will need either a fiancee visa, a work visa, or a family visa.

 

For how long is my Green Card valid?

 

Your Green Card, which grants you temporary residency, is valid for two years when you first arrive in the United States. Assuming you follow all rules and do not commit any crimes, you can apply for permanent residency, which is good for 10 years.

 

I have received a deportation order. Is there anything I can do to stop it?

 

You will need a skilled attorney who understands immigration law. Your attorney will work to build you a strong defense that will keep you in the country.

 

How do I become a naturalized citizen?

 

After becoming a permanent resident, there are several things you must do to become a naturalized citizen, including remain in the United States for a certain amount of time, learn to speak and write English, and not be convicted of any crimes. Your attorney can tell you everything that you need to do.

 

The Immigration and Nationality Act (INA) permits a citizen or legal permanent resident of the United States to petition for the immigration of their foreign relatives. In certain cases, a citizen or permanent resident’s fiancé or widower can immigrate to the United States. The process to do so, however, is often a complicated one.

To bring a family member to the United States, the USCIS requires verification that you are indeed a relative of the person you are sponsoring, that you are either a naturalized United States citizen or permanent resident, and that you are able financially support the person you wish to sponsor.

United States citizens and permanent residents have a few different options for petitioning for family-based visas. A lawful permanent resident can apply for citizenship after five years in the United States. Permanent residents must abide by certain conditions while residing in the United States and could be deported if they are found to have committed crimes or security violations. United States citizens, however, are not subject to deportation, and therefore do not need to meet any specific conditions.

If you are a United States citizen, you are able to petition for certain family members. These include a legally married spouse, children under and over the age of 21, a married son or daughter, siblings and even parents.

There are significant consequences if the petition contains false information such as relationships that are not legally applicable or false ages. Spouses and children are considered to be high priority cases for the United States government, so they may be processed much quicker.

If you are a lawful permanent resident of the United States, which is equivalent to having a green card, you can petition your spouse and children. In-order for the petition to become accepted, you must be able to prove that the relationship legally exists. Unfortunately, if you are a permanent resident, you are unable to sponsor married children, siblings, or parents.

In some cases, if you are a United States citizen and have a fiance from another country, you may be permitted to file for a K-1 visa. This visa is a nonimmigrant visa that may be granted to a non-US citizen. Under the visa, your spouse will be able to visit the United States for a 90-day period. During this time, you must marry for the fiance to continue and become a United States citizen. If the marriage does not occur, the individual must return to their home country.

If you are a legal permanent resident, the V visa is an option that allows your spouse or minor children to immigrate to the United States. This process will occur while the individuals visas are in the processing stage. The purpose of this visa is to allow for families to remain together during the long and complicated visa process.

There are a multitude of other family and marriage based visas that you can apply for. Depending on your situation, you may be eligible for one or more applications to live or work inside the United States.

 

Crime Victims

You may qualify for a ‘U’ visa if you are a victim of a crime. The U non-immigrant visa is for crime victims who have suffered abuse in their home country. If you can provide information to government officials and law enforcement relating to criminal or illegal activity in the United States, you also may be able to receive this visa. Under this visa, you may be offered a path to permanent United States citizenship.

In 2000, the United States Congress created the U visa to help government officials and law enforcement officials conduct and investigate serious crime allegations. Cases such as human and drug trafficking, fraud, abuse, murder and more are all important. Victim protection is the highest priority of law and government officials and the U visa was created for that very reason.

To qualify for the U visa, you must be able to demonstrate to immigration officials that you are the victim of a crime that qualifies under U visa requirements. If you are able to show that you have experienced significant pain and suffering as a result of the criminal activity you also may be eligible. Other U visa qualifications include providing information to police officials that may be helpful in a criminal case.

Other qualifications include:

  • Filing out U visa forms
  • Gather and collect documentsand paperwork relating to the claim
  • Providing a narrative statementto a court of law
  • Evidence of the crime andvictim abuse
  • Medical records, policereports, and other crucial documents

 

FAQs

 

Do I need to have a specific legal status to apply for a U Visa?

No, you do not. You can apply for a U Visa regardless of your legal status in the United States.

 

Must a specific crime have occurred to be eligible for a U Visa?

Yes, the Immigration Service (USCIS) has a detailed list of crimes that make you eligible for a U Visa. They usually provide benefits to victims of violent crimes. Additional qualifying crimes are: sexual assault, human trafficking, domestic violence, obstruction of justice, witness tampering, extortion, kidnapping, felonious assault. Any solicitation to commit these crimes also qualifies you for a U Visa.

 

Does the victim need to cooperate with the US Government in order to qualify for a U Visa?

Yes, the victim does need to cooperate. It is a U Visa requirement that the victim has provided information to the court or law enforcement agency investigating their crime, or that no assistance was withheld unreasonably.

 

Can the victim apply for a U Visa even if the Government does not wish to proceed with their criminal case?

The victim can still apply for a U Visa regardless of whether the government proceeds with their criminal case.

Is there a benefit for family members of the victim?

In some cases, the immediate family members of the U visa holder may receive similar benefits as the victim and be allowed to live and work inside the United States.

 

Do you have to submit documents regarding the injuries suffered?

You may be required to submit medical records that prove that you received treatment related to the physical or mental pain from the crime that the individual has endured.

 

 What if the person who committed the crime was not a United States Citizen?

You will be permitted to apply for the U visa even if the perpetrator is not a U.S. citizen. You will receive the full benefits of the U visa including immigration benefits regardless of the immigration status of the individual who committed the crime.

If I obtain the U visa, can I apply to stay inside the United States as a permanent resident?

Yes, the U visa holder is permitted to apply to become a permanent resident after 3 years.

 

 How long will I be able to have the U visa?

After four years, the U visa expires. However, you may be able to extend it, depending on the situation.

 

Will I be permitted to travel outside the United States if I am a U visa holder?

You will be permitted to travel outside the United States with a U visa. However, when you re-enter the country, you need to have a stamp on the U visa to show immigration officials. 

 

Waivers

For a multitude of reasons, you may not be able to enter the United States. If you are inadmissible, you can file a waiver under the Immigration and Nationality Act.

If you are a foreign citizen trying to gain entry to the United States by speaking to a consular office, your petition for an immigrant or non-immigrant visa may be denied. In this case, you can file an application for a waiver related to your inadmissibility.

The Immigration and Nationality Act has certain underlying aspects that may cause an individual to be inadmissible.These include: the individual having a disease, being an abuser or seller of drugs, being convicted of a severe crime, being previously deported from the United States, or having violated laws related to immigration or immigration fraud.

In-order to determine if a waiver will be granted, there are three main points that must be considered.

  • Risk of harm to the United States and its citizens

  • Severity of the crimes/acts that caused the inadmissibility

  • Consider the reason why the individual is requesting to enter the United States

Individuals often seek immigrant visas in order to get a green card, which allows them to permanently live in the United States. There are separate waivers connected to different grounds of inadmissibility. Immigrant waivers are more difficult to obtain than non-immigrant waivers due to their being permanent. They are also usually based on some hardship to a United States citizen or a permanent resident relative.

If an individual is not allowed to enter the United States because of a prior misrepresentation, they would be required to show that their entry can ease the suffering or hardship of their spouse or parent. Various grounds of inadmissibility also have different criteria required to get a waiver.

Applicants who seek an immigrant visa waiver can file Form I-601, Application for Waiver of Ground of Inadmissibility. Once approved, the USCIS office will notify the consulate issuing the visa of the approval. If the application is denied, they will be informed in writing. If the individual wishes, the denial of the application can be appealed.

Our Process (Back to Top)

Immigration

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Free Evaluation

Schedule your free one-on-one evaluation with one of our experienced attorneys specializing in your legal needs to develop a customized plan of action based on your case details. 

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Gather Documentation

Our legal team will work with you to collect and organize all necessary information related to your claim in order to aid your attorney in building a strong case. 

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Oversee Investigation

Your legal team will oversee an investigation into your case, gathering all evidence, including police records and any necessary footage to strengthen your case.

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Conduct Negotiation

Your attorney will handle all settlement negotiations with the defense, to provide you with a smooth and effective outcome.

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