Posted on July 21, 2023 in Immigration

Marriage fraud is a serious offense that can have severe consequences for both immigrants and U.S. citizens. It occurs when individuals enter into a marriage solely for the purpose of obtaining immigration benefits. United States Citizenship and Immigration Services (USCIS) closely scrutinizes marriage-based applications for visas and Green Cards to detect and prevent fraud. To avoid claims of marriage fraud, couples must understand the legal requirements that they will need to meet during the immigration process, and they can take steps to demonstrate that their marriage is valid. These steps include:

1. Marry for Genuine Reasons

The most effective way to avoid claims of marriage fraud is to ensure that a marriage is valid. USCIS officers are trained to identify fraudulent marriages, and they carefully examine the evidence provided to determine the authenticity of the relationship. It is crucial to have a bona fide marriage that is based on love and commitment rather than solely for immigration benefits.

Continue Reading ››

 Posted on June 21, 2023 in Immigration

When people are born in the United States, they are automatically granted U.S. citizenship, which can provide them numerous benefits. However, when a child is born outside of the United States, and at least one of their parents is a U.S. citizen, steps will usually need to be taken to ensure that the child's citizenship is recognized. In these situations, parents will need to understand when their children will be eligible for citizenship, and they can work with an immigration attorney to ensure that all issues related to citizenship or naturalization will be handled correctly.

Eligibility for Citizenship for Children Born Outside the U.S.

Whether a child may be recognized as a U.S. citizen will depend on the citizenship of their parents and whether the parents were married at the time of the child's birth. A child who is born abroad may receive citizenship in the following situations:

Continue Reading ››

 Posted on May 18, 2023 in Immigration

Immigrants in the United States who have been detained by immigration officials will need to determine their options for defense against deportation. However, in many cases, a person's primary concern will be whether they can be released from detention so that they can return to their home, continue living with their family members, and maintain employment. In these situations, a person may be able to request an immigration bond hearing and ask for release from detention while their deportation case is pending. By understanding what to expect during these hearings, immigrants and their family members can make sure they will be fully prepared to advocate for their rights and interests.

What Is a Detention Bond Hearing?

An immigrant who requests a detention bond will appear for a hearing in front of an immigration judge. During the hearing, the judge will assess whether or not an immigrant should be released on bond while their removal proceedings are pending. This is an opportunity for the detained individual to argue that they are not a flight risk, do not pose a danger to the community, and have a strong case for remaining in the United States. If an immigrant is granted a bond at the hearing, they can leave detention and spend time with their family while they await the final determination in their deportation case.

Continue Reading ››

 Posted on April 13, 2023 in Immigration

Immigrants who receive authorization to live in the United States permanently will be issued a Permanent Resident Card, which is commonly known as a Green Card. However, in some cases, these Green Cards may be conditional, and they will be valid for two years. Immigrants who have received conditional Green Cards will need to take certain steps prior to the date that their conditional permanent resident status expires, and if they fail to do so, immigration officials may begin deportation proceedings. If you are an immigrant in the United States with a conditional Green Card, or if you are married to a person with conditional permanent resident status, you will need to understand how you can remove these conditions and secure permanent residency.

Removing the Conditions on Permanent Residence

Conditional Green Cards are typically issued in family-based immigration cases where spouses have been married for less than two years. If a U.S. citizen has been married to a foreign spouse for less than two years, they may apply for a CR-1 visa. If a couple has not yet been married, they may apply for a K-1 fiancé visa that will allow the foreign partner to enter the United States, and the couple may then get married within 90 days.

Continue Reading ››

 Posted on March 09, 2023 in Immigration

When applying for a visa, Green Card, or citizenship in the United States, criminal convictions can play a significant role in a person's case. It is important to be aware of the potential consequences of a criminal conviction. While the laws surrounding immigration in the U.S. can be complicated, a skilled attorney can provide guidance on how to address issues related to criminal convictions. They can help an immigrant determine whether certain convictions may make them inadmissible or deportable, and they can also assist with applying for waivers of inadmissibility or other forms of relief.

Continue Reading ››

 Posted on February 23, 2023 in Immigration

Many people who are not citizens of the United States want to come to the country to work. Better work conditions, higher salaries, and a more predictable job outlook are all great reasons to come, but people seeking employment in the U.S. for many other reasons as well. If you are living out of the country and are interested in seeking an employment visa, or are already in the United States and need help maintaining permission to work, a Florida immigration attorney can help. 

Temporary Work Visas

For people who are interested in working in the United States for a short time but are not necessarily intending to immigrate here, temporary work visas may offer a helpful option. These include: 

• E Visas - An E visa may be available to help foreign business investors and traders do business inside the United States.

  Continue Reading ››

 Posted on January 11, 2023 in Immigration

In response to a significant uptick in apprehensions at the U.S.-Mexico border, the Biden Administration has announced a new set of policies aimed at reducing the number of people entering the United States illegally while opening the possibility of entry to many people who are trying to enter legally. If you or one of your loved ones are considering entering the United States, including as an asylum seeker, it is important to understand these changes and to have the help of a Florida immigration attorney. 

“Do Not Just Show Up at the Border”

People from Cuba, Venezuela, Haiti, and Nicaragua who are seeking asylum in the United States will be denied the chance to apply for asylum if they come over the Mexican border illegally rather than at an official port of entry. Those who are apprehended crossing between ports of entry will be sent back to Mexico immediately. 

Continue Reading ››

 Posted on December 13, 2022 in Español

La violencia doméstica es un delito grave que deja a sus víctimas con muy pocas opciones de alivio, especialmente si la víctima tiene un estatus migratorio incierto, está en los EE. UU. sin autorización o no habla bien inglés. Los inmigrantes pueden ser particularmente vulnerables al abuso porque los abusadores pueden aprovecharse de su estatus migratorio para evitar que denuncien el abuso. Afortunadamente, el gobierno reconoce la gravedad de este problema y ofrece a las víctimas de violencia doméstica soluciones que les permitan escapar del abuso.

¿Qué puedo hacer si soy un inmigrante que sufre de violencia doméstica?

La primera opción que puede tener disponible es la eliminación de las condiciones de residencia. Si está casado con un ciudadano estadounidense, se le otorgará una tarjeta verde condicional por al menos dos años y tendrá que presentar una petición con su cónyuge para que se eliminen las condiciones de residencia. Sin embargo, si su cónyuge está abusando de usted en el hogar, usted mismo puede solicitar que se eliminen las condiciones de residencia. Tenga en cuenta que existen varios tipos de abuso que pueden calificarlo para la eliminación de las condiciones de residencia. Si su cónyuge amenaza con quitarle su residencia, no lo ayudará a solicitar la eliminación de las condiciones, abusa emocionalmente de usted o abusa físicamente de usted, todos estos pueden calificar para permitirle presentar una solicitud por su cuenta.

Continue Reading ››

 Posted on December 08, 2022 in Immigration

Recent reporting has highlighted the fact that immigrant naturalizations are currently higher in the U.S. than they have been in a decade. In 2022 alone, over 900,000 naturalizations have occurred. While the Covid-19 pandemic temporarily slowed down the speed of naturalization and immigration in general, immigrants from nearly every country except China have seen a rebound in the rates of naturalization. Because of the many benefits that immigrants bring to American society, this is great news for both the naturalized immigrants and for Americans in general. 

In addition to increasing naturalizations, immigrants are getting more green cards, student visas, and tourist visas than ever. While it is true that the immigration process in America can be complex and difficult to navigate, you do not have to do it alone. Millions before you have done it, and you can do it, too. 

Continue Reading ››

 Posted on November 03, 2022 in Immigration

Although getting United States citizenship through marriage is supposed to be one of the easiest ways to get citizenship, it is still a very long and difficult process. Because couples applying for an I-130 petition (adjustment of status) or an I-751 petition (removal of Green Card conditions) are under such strict scrutiny by immigration authorities, small mistakes in an application can result in either petition being denied. If your petition has already been denied, it is important to seek help from a Florida immigration attorney right away so the immigrant spouse does not face deportation proceedings. 

Why Are I-130 Adjustments of Status Petitions Denied? 

When a couple gets married in the United States and one partner is in the country legally but is not a U.S. citizen, the couple must complete an adjustment of status petition so the immigration spouse can get a Green Card. 

Continue Reading ››