Navigating immigration laws can be stressful and confusing. The average person has challenges understanding the various rules, regulations, exceptions, and variations of immigration laws in the United States. Sometimes, it’s impossible to determine how to proceed with a visa or citizenship application and comply with the requirements.
Denied applications are a common problem that people attempting to move or work in this country face. The slightest error can delay the application process or lead to rejection. It might take months or years to resolve the problem.
Hiring an experienced Florida immigration lawyer from Florida Law Advisers, P.A., is crucial. We can protect your rights and guide you through the complex immigration process. Call or contact us online for a consultation to get started on your case.
How Our Florida Lawyers Can Help with Your Immigration Matter
Hiring a lawyer to apply for a green card or immigrant visa isn’t legally required. However, you should. Complications can arise that delay the process or lead to a denied application. Navigating complicated laws and procedures can also be overwhelming.
With an immigration lawyer from Florida Law Advisers, P.A., you will receive the attention and care you deserve.
- We can explain the available options to live or work in the United States and prevent mistakes that can result in unfavorable outcomes.
- After discussing your goals, we will explore the various methods to get you what you want out of the application process, whether moving to be with your spouse or seeking higher education.
- We can assist you with the application and supporting documents you must submit. Some forms might be confusing, especially if you don’t seek legal counsel.
- Legal issues can arise while applying for a green card, visa, or citizenship. They might cause significant delays. If you don’t know how to get things back on track, you could lose your opportunity of moving to the country. Our team will review the issue and search for methods of overcoming it so we can proceed with your case.
- If you have an upcoming interview with an immigration official, we can help you prepare. Interviews are essential aspects of the immigration process. You must know your rights and practice thorough and honest responses to the questions the official might ask.
Common Types of Immigration Matters
Florida Law Advisers, P.A., represents clients in numerous types of immigration cases, including the following:
- Immigrant Visas – A foreign national seeking to work or live in the United States permanently can apply for an immigrant visa. Typically, an employer or relative of the applicant can sponsor them by applying with U.S. Citizenship and Immigration Services (USCIS).
- Non-Immigrant Visas – A non-immigrant visa is for a foreign national who wants to enter the United States temporarily for medical care, temporary work, tourism, or business.
- Naturalization – A non-citizen must undergo the naturalization process to become a United States citizen.
- Marriage or Fiancé/Fiancée Visas – A non-citizen can enter the country with a K-1 visa and get married if their fiancé/fiancée is a citizen. A married non-citizen can apply for a K-3 visa to join their spouse in the country.
- Green Cards – You can legally stay in the United States without naturalization if you have a green card.
- Family Petition for Immigration – Your relationship to a U.S. citizen will determine the type of family visa you need to enter the country. Selecting the wrong visa can lead to significant delays.
- Employment/Labor Certification – A foreign beneficiary seeking to live and work in the country permanently can obtain an employment-based green card through Program Electronic Review Management (PERM) Labor Certification.
- Deportation Defense – Immigration and Customs Enforcement (ICE) might detain a non-citizen during the deportation process. If you face deportation, you need representation from an aggressive and experienced Florida immigration attorney.
- Student Visas – If you’re a student who plans to study in the United States, you must enroll at a qualified institution and apply for a student visa. You can stay in the country for a specified period if the government approves your application. Typically, the period ends upon completing the study assignment or program.
- Acquiring Citizenship – You can apply for citizenship if you are a permanent resident and meet specific conditions required by USCIS. Confirming the requirements, such as physical presence, length of residency, and good moral character, before applying is crucial.
What Is the Difference Between Citizenship and Naturalization?
The primary difference between citizenship and naturalization is how a person obtains citizenship through these procedures. Someone can become a citizen by going through naturalization and receiving a certificate of naturalization. A citizenship certificate shows that a person has already acquired citizenship upon birth to parents who are citizens of the country.
U.S. citizenship is automatic when someone is born in the United States or a specific U.S. territory to parents who were already U.S. citizens. Additional legal measures aren’t necessary to gain the responsibilities and rights of citizenship.
Foreign citizens and nationals can apply for naturalization after birth. They must meet the requirements imposed by Congress in the Immigration and Nationality Act (INA).
Eligibility for naturalization requires meeting any of the following conditions:
- You have qualifying service in the U.S. armed forces and meet all other requirements
- You have been a permanent resident for five years or longer and meet all other conditions
- Your parents are U.S. citizens, you live outside of the country, and you meet all eligibility conditions
- You have been a permanent resident for at least three years and meet the requirements to file as the spouse of a U.S. citizen
What Immigration Issues Do Visa Applicants Face?
Delays are among the most common and frustrating challenges immigrants encounter while applying for a visa. There’s either a delay in receiving a decision or the overall process.
The delay can last indefinitely under specific circumstances. Some delays result from inadequate staff to handle the volume of applications. Others are due to changing policies and more in-depth analysis of applications and attached documents.
USCIS handles applications differently than before. The agency might have requested missing information from the applicant in the past. However, the agency follows stricter guidelines and regulations, prompting officials to deny the application, so the applicant must start from scratch.
Am I Still a Lawful Permanent Resident if My Green Card Has Expired?
If your green card has expired, that doesn’t necessarily mean you will lose your status as a legal permanent resident. However, you can encounter various issues, such as:
- Difficulty receiving benefits you registered for or want to register for
- Trouble applying for or keeping a job
- Obstacles while trying to re-enter the country after traveling outside the U.S.
How Can I Lose My Status as a Permanent Resident?
You are a lawful permanent resident of the country until one of these circumstances apply:
- You lose or abandon your status
- You complete the naturalization process
You can lose your status as a lawful permanent resident if an immigration judge enters an order for final removal against you.
You can also lose your status if you intentionally abandon it under any of these circumstances:
- You declare yourself as a non-immigrant on your tax returns
- You move to another country and intend to stay there permanently
- You remain outside of the country for an extended timeframe unless the absence is temporary