Miami Immigration Lawyer

Immigration

The United States immigration system is extremely complex and can be challenging to navigate. The Immigration and Nationality Act of 1952 (INA) organizes many of the various provisions of immigration law. It permits the country to grant a maximum of 675,000 permanent immigrant visas every year across visa categories. The INA doesn’t cap the annual admission of United States citizens’ spouses, children under age 21, or parents. A certain number of refugees are allowed by the president in consultation with Congress. To balance the number of immigrants, there is a complicated set-up for calculating available number of family preference visas.

Our Miami Immigration Lawyer May Be Able to Help You Obtain Citizenship

A noncitizen can become a citizen through naturalization Through this process, a citizen promises allegiance to the United States, becomes entitled to the associated protection, and is able to exercise their rights and responsibilities as citizens. You’ll need to meet certain eligibility requirements such as being able to read, write and speak English and be of good moral character. In order to become a citizen, you need to have had a green card for a minimum of 5 years or at least 3 years if you file as a spouse of a citizen. Before applying for citizenship, you may need to renew your permanent resident card if your card has expired, your card is going to expire within 6 months of applying or your card already expired. You’ll need to apply for naturalization prior to receiving a new green card.

Green Cards

In order to apply for a green card, our Miami lawyer representing immigration law clients must show you are eligible. You can be eligible in many ways, including family, employment, refugee status, human trafficking, victims of abuse, or green card through registry. The requirements in each of these categories are different. You could be eligible for a family-based green card, for instance if you are any of the following:

• Spouse of a United States citizen
• Unmarried child who is under the age of 21 if your parent is a citizen
• Parent of a citizen who is at least 21.

For another example, if you are an immigrant worker, you may be eligible for a green card under a first preference if:

• You possess extraordinary ability in the arts, sciences, business, education, or athletics
• You are an outstanding researcher or professor
• You are a multinational manager or executive who satisfies specific criteria.

Fiancé Visa

When you’re a United States citizen that wants to bring a foreign fiancé to the country in order to get married, you’ll need to file a Form I-129, Petition for Alien Fiancé for K-1 fiancé visa. The marriage needs to be valid. In other words, our diligent Miami immigration lawyer will need to be able to show you and your fiancé have a bona fide intent to establish your lives together and neither of you is applying for this visa for the purpose of coming into the country. You’re eligible for this type of visa if:

• You’re a United States citizen
• You and your fiancé plan to marry within 90 days of his or her entry on the K-1 nonimmigrant visa
• You and your fiancé are legally able to marry
• You and your fiancé met in person at least once within the two years before filing the petition.
• You need to ask for a waiver of an in-person meeting requirement if you can show meeting in person would cause you extreme hardship or violate the customs of your fiancé’s cultural or social practice.

Asylum

Our immigration lawyer may be able to seek asylum relief for you in Miami if you’ve suffered persecution or fear you’ll suffer persecution because of:

• Religion
• Race
• Nationality
• Membership in a specific social group
• Political opinion.

If you’re eligible for asylum, you may be able to stay in the United States. However, within one year of arriving in the country, you’ll need to file a Form I-589. You aren’t permitted to apply for permission to work in the country at the same time you apply for asylum. You can apply for employment authorization 365 calendar days after you file your entire asylum application. When you’re granted asylum, however, you’re immediately authorized to work. There are alternatives to asylum, such as applying for protection under the Convention Against Torture or withholding of removal. Our experienced attorney may be able to seek all available relief on your behalf.

Temporary Protected Status

When a country has certain conditions that temporarily stop a country’s nationals from returning to their home safely or where a country can’t adequately address the returns of the country’s nationals, USCIS may grant temporary protected status (TPS). The Secretary of Homeland Security may designate a country for TPS due to an environmental disaster, ongoing armed conflict, extraordinary and temporary conditions, an environmental disaster such as a hurricane or earthquake or an epidemic. During a particular period, those who are beneficiaries of TPS or who could be preliminarily eligible for TPS:

• Cannot be removed from the country
• Can receive an employment authorization document
• May be granted travel authorization.

Once you’re granted TPS, you can’t also be detained by the Department of Homeland Security on the basis of your immigration status. However, this is a temporary benefit. It doesn’t lead to lawful permanent resident status, and we’ll need to figure out whether there are other lawful ways to get this status, if that is your aim.

Work Authorization

As a noncitizen, you may wish to come to the United States to work. One way to work in the country on a temporary basis is for your prospective employer to file a petition with USCIS. Nonimmigrant temporary workers are classified in various ways. If you have a certain combination of education, skills or work experience, you could live and work permanently in the country by seeking out an employment-based immigrant visa. If you live outside the country and want to work here, our Miami lawyer will need to apply for an immigration visa on your behalf, unless a visa isn’t required for people from your country of nationality. However, if you’re in the country in a lawful nonimmigrant status that doesn’t provide employment authorization, our lawyer can apply for a change of status to a nonimmigrant classification or an adjustment of status to become a lawful permanent resident.

Retain a Compassionate Immigration Law Attorney in Miami

When you are concerned about an immigration law matter, you may have deep concerns about who you hire to represent you. The stakes are high. The outcome of the proceedings can change the direction of your life. Lupe Lafont may be able to guide and represent you. Prior to a career representing people in immigration matters, she worked in surgical health care. She transfers the dedication and compassion she had in that role to helping those trying to navigate the complicated immigration system. Please contact Ms. Lafont via her online form or at (305) 439-0604.