360 Immigration Law Group

Our immigration system has three main roads for those who want to come to the United States permanently: family, employment, and humanitarian grounds. • "Family" refers primarily to individuals who are beneficiaries of an approved relative petition (filed by a someone who is a U.S. citizen, lawful permanent resident, or holds one of several other specific types of visa). For instance, a U.S. citizen might file a family petition for her parents who are still living abroad. • Sometimes, a person may apply to remain permanently in the U.S. based on the terms of their employment visa. This typically includes those living and working in the U.S. with visas such as the H-1B (for high-skilled workers). • Finally, many people immigrate to the U.S. by getting humanitarian relief, including asylum/refugee status for survivors of persecution abroad; the “T visa” for survivors of human trafficking; the “U visa” for survivors of crimes committed and reported in the U.S; and VAWA for a victim of Abuse. This means if your husband, wife, father, mother, stepfather, or stepmother, who is a U.S. citizen or lawful permanent resident, has abused you or your child. In addition to these three broad avenues for immigration, thousands of people come to the U.S. each year as “nonimmigrants."

A naturalized citizen of the United States is a foreign-born individual who has met all the requirements of becoming a citizen as established by the Immigration and Naturalization Act (INA) passed by the U.S. Congress. The process for immigrants to become United States citizens is referred to as naturalization. Once you have been awarded citizenship, you can enjoy all of the rights and benefits of a natural-born U.S. citizen. The rights to vote and receive government benefits as well as the ability to work, own a home, and participate in the political process will become a part of your normal life. To be allowed to nationalize, the individual must: • Be of “good moral character” • Pass English literacy, history and government tests (There are some exceptions for this requirement.) • Interview successfully with a government official to establish the right to citizenship • Take the Oath of Allegiance to the U.S.

The president sets an annual limit on the number of refugees (coming from outside the U.S.) but not on the number of asylum seekers (already in the U.S.). The president works with Congress to determine the number of refugees that should be admitted to the U.S. for resettlement. To qualify as a refugee or asylee, an individual must have a “well-founded fear of persecution” at home for his or her religion, race or national origin, politics, or social-group membership.

Deportable offenses are actions for which a foreign national may be forced to leave the U.S. and return to his or her home country. Some deportable offenses include: • Using fraudulent documents to enter the U.S. • Providing material misrepresentations (like marriage fraud) to receive a visa • Committing certain types of crimes (such as most drug crimes, aggravated felonies, domestic violence and child abuse, many gun offenses, etc.) • Posing a threat to national security • Engaging in terrorist activity • Helping others enter the country illegally • Overstaying a visa • Voting illegally.

Possibly. If you want your dependent spouse and minor child to accompany you to the U.S. after you have obtained a temporary work visa, they will need to apply and be approved for the appropriate type of nonimmigrant visa. Please be aware that these nonimmigrant visas do not necessarily mean that a spouse will be authorized to work in the U.S.

With some exception and restriction, a U.S. citizen may sponsor the following relatives for an immigrant visa to permanently enter to the U.S. (i.e., a green card): • A spouse or fiancé(e) • A parent • A sibling • A minor child • An adult child (regardless of marital status). Additionally, a foreign national in the U.S. with lawful permanent resident (LPR) status (i.e., a green card holder) may sponsor a spouse, a minor child or an unmarried adult child. Citizens and permanent residents who sponsor relatives for immigration must have a certain level of earnings, and they must agree to legally support their incoming family member(s).

U.S. law establishes four principal means by which a foreign national can legally enter the country: • Employment-based immigration • Family-based immigration • Refugee or asylee status • The diversity lottery. Each category covers a variety of situations, some allowing for temporary stays in the U.S. and others allowing for permanent immigration. For some categories, annual quotas may apply.

Although a spouse seeking a green card from abroad can technically visit their spouse in the United States on a tourist visa, doing so is generally discouraged. Not only do immigration officers often deny entry to the United States upon learning of the tourist’s pending green card application, but “misrepresenting” one’s intentions for visiting could also jeopardize the application.

The final step in the marriage-based green card process is the interview, where the interviewing officer’s primary goal is to assess the authenticity of the marriage. Marriage green card interview questions can focus on the history of the couple’s relationship, as well as their daily activities and future plans as a married couple.

The K-1 fiancé visa is available to fiancés of U.S. citizens who are living outside of the United States and intend to get married within 90 days of arriving in the United States.

A K-1, or “fiancé visa,” is a temporary visa available only to fiancés of U.S. citizens who are living outside of the United States and intend to get married within 90 days of arriving in the United States. A marriage green card is available to spouses of both U.S. citizens and U.S. green card holders, whether living in the United States or abroad, and ultimately provides permanent residence.

Most U.S. citizens and U.S. green card holders are entitled by law to sponsor their spouses for a green card, also known as “permanent residence status.” The total cost, wait time, and other details of the marriage green card process vary based on several factors.

During a biometric screening, a government representative records an individual’s fingerprints and takes their photos and signature, in order to check government records for any serious criminal history or relevant prior immigration violations. The biometrics appointment is typically short and simple.

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Thank you for the Question. Yes we do, kindly call the office at (954) 667-3660 and we will be happy to assist you.

The 1994 Violence Against Women Act (VAWA) and the Battered Immigrant Women’s Protection Act of 2000 allow individuals who are married to U.S. citizens or lawful permanent residents to obtain residency in two ways — through self-petitioning or through cancellation of removal. Instead of depending upon a spouse to apply for residency, a victim of domestic violence can apply for residency independently. The resident spouse plays no role in the process and does not have to know that the applicant is filing a VAWA claim. VAWA is complicated, however, and you should consult with a lawyer before proceeding.

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Our office is located in Coral Springs, Florida!

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We've been offer our services as family lawyers since 2010!

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This is a motion to reopen that requires the agreement of the Office of the Chief Counsel because of time or numerical limitations placed on motions to reopen by the Immigration and Nationality Act.

This is where the court is requested or moved to reopen removal proceedings where a decision is final. This often occurs when an order of removal has been issued and it is requested that the court rescind or eliminate the order of removal.

You may be able to motion the court to reopen (or eliminate the order of removal or deportation) your removal proceedings so that you may be able to apply for residency. It is often the case that a person will need the agreement of the Office of the Chief Counsel to motion the Immigration Court to reopen a case.

This is a hearing where the Immigration Court hears testimony and reviews evidence to determine if a person should be granted relief. The Immigration Court will also hold an individual hearing to determine whether a charge of removability or inadmissibility should be sustained. This hearing is generally held outside the presence of other Respondents.

This is preliminary hearing where the charges of inadmissibility or removability are addressed by the Immigration Court. At this hearing, the Immigration Court will also determine a person’s eligibility for relief under the Immigration and Nationality Act. This hearing is generally held along with many other individuals who are also scheduled for master calendar hearings.

Yes, removal proceedings involve complex areas of immigration law. Removal proceedings are very important in that they determine whether or not somebody will be deported from the United States. At a removal proceeding, an Immigration Judge will determine whether you are ordered deported from the United States. It is highly recommended that you retain an experienced immigration attorney.

These are proceedings conducted in Immigration Court to determine a person’s removability or inadmissibility to the United States. In these proceedings a person can apply for certain benefits under the Immigration and Nationality Act which may give the person legal status in the U.S.

Yes, you can transfer to another job if you can find one. Your new employer will have to file a new H-1B petition for you.

There are a few steps that must be completed before filing for an H-1B nonimmigrant visa. First, a prevailing wage must be submitted to the Department of Labor which may take 6-8 weeks. Next a Labor Certification Application must be submitted again to the Department of Labor and this takes 1 week before it is approved. Once the documents are gathered and the petition submitted, it can take anywhere between 2-7 months depending on whether it is the first petition or a request for an extension. Thus the complete process may take between 4-9 months.

If you are terminated for any reason, you have a 60-day grace period to find a new job, then you have to complete the paperwork reflecting the change. If you quit, there is no grace period and your H-1B visa will come to an end.

The job has to remain the same job core. Your status cannot change from full-time to part-time and/or your payment cannot go down. You can get a raise without any issues. Basically, you have to continue to do the same core job in the same location. If not, your H-1B will need to be amended.

Usually when you have missed the lottery for the H-1B visa, United States Citizenship and Immigration Services returns your application to the employer who petitioned for you. This is how you know that you were not selected. You cannot come to the United States and work unless you have a visa that allows you to work here. There are other visas such as the L-1 visa which allows managers or individuals with specialized knowledge to come from a company abroad to a company in the U.S. to work. The companies, however, must be related. An example is a parent company and its subsidiary.

Start getting your paperwork ready in March. Early April is when you can first apply for the next fiscal year which starts October 1st. You cannot start work until October 1st.

Each year 65,000 visas are issued for bachelor degreed non-immigrants and 20,000 visas are for master degreed non-immigrants.

A “specialty occupation” non-immigrant employment visa. It helps those with bachelor’s or advanced degrees, those working for the Department of Defense, or those working as a fashion model, work in the USA for certain periods of time. The H-1B has several levels and criteria that qualify you in various ways. Some fall under the quota system, and others do not. It’s very important that you and your employer work very closely together to determine the requirements, and the timing, as there are deadlines for some H-1Bs. Your H-1B visa may be for up to three years. Any renewals generally do not extend beyond six years. Some family members of the H-1B visa holder may seek H-4 nonimmigrant visas.

As long as you are prepared to prove that your marriage was bona-fide at the time, you can still have conditions removed from your green card even if you are divorced.

If a person did not enter legally and is now working for a company who wants to sponsor them, then that individual will not be able to adjust status to permanent resident in the United States. Entering without inspection is inadmissibility to getting a green card.

Always attend your deportation hearings. If you do not, then you are ordered removed in absentia which means without you there. Once you receive an order of removal, then you would need to file a motion to reopen your case. You must show a lack of notice for your hearing or an exceptional circumstance that prevented you from attending.

To be eligible for 10-year cancellation and adjustment of status for certain nonpermanent residents, a person must have been physically present in the United States for 10 years, must have good moral character, must not have certain criminal convictions, and must establish that a qualifying relative will suffer exceptional and extremely unusual hardship. The process can take several years because of the backlog the Immigration Courts face with cases.

Your brother may be able to self-petition himself and apply for an immigrant visa under the employment-based fifth category. However, this requires an investment of $500,000 or $1,000,000 in a business in the United States that creates full-time jobs. He may also be able to apply for an E-2 Investor Visa which will require him to invest a substantial sum in business in the United States where he will generate an income more than just to sustain him and his family.

The ten-year visa just means that you are allowed to travel to a port of entry into the United States where you will then be inspected by an Immigration Officer. The period of time you have to remain in the United States is stamped into your passport which is usually 6 months. If you fear returning to Venezuela because of persecution or harm you suffered there or you fear persecution or harm, then you may be able to apply for asylum in the United States. You must apply for asylum within one year of your last entry, you could also apply for a student visa and go to college or university to extend your stay. You would have to show intent to return to Venezuela after your studies because it is a nonimmigrant visa.

You do not have to wait until you are a citizen to change your name. You can change your name in accordance with the procedures set forth in your state.

You may be able to request Humanitarian Parole, however, this is usually done before seeking entry into the United States. If you are discovered by Immigration and Customs Enforcement to be unlawfully present in the United States, you can explain to the officers your situation. ICE has discretion in deciding to institute proceedings or not.

If you have been ordered removed by an Immigration Judge, then you are not allowed to enter the United States for a period of at least 10 years unless you obtain permission to enter. If you entered unlawfully or are currently overstaying your status, then you may have invoked the permanent bar from the United States if you return to Canada. You can either request to reopen your case if there are circumstances that warrant reopening or you can return to Canada and apply for permission to reenter before your next entry. The procedure for requesting permission and waiver to reenter the United States depends upon whether you are attempting to enter as an immigrant or a non-immigrant.

You can apply for advanced parole which allows you to leave the United States and reenter while your application for a permanent resident is pending with the United States Citizenship and Immigration Services. You do not have to notify your boss that you are applying for Advanced Parole.

A U.S. Passport is required to enter the United States by either land, air, or sea.

You have a few options. You can enroll into a school and obtain an F-1 student non-immigrant visa. If you believe you require more time to enroll in school, then you can request an extension of your B-2 visitor status with USCIS. Another option is if a company is willing to petition for you for an H-1B non-immigrant visa; however, you have to maintain status until your change of status is granted.

Unauthorized employment automatically violates an F-1 status. When an ISO makes this determination (that a person has violated their status), the person is referred to ICE for removal proceedings and ICE makes that determination. You would need to contact CBP for the procedure for removal proceedings. Neither USCIS nor CBP cancels visas issued by DOS.

If your sister is not in the United States, then, unfortunately, her petition will be automatically revoked and she will lose her priority date. A petition remains valid only if the petitioner dies when the beneficiary is in the United States.

Yes, your daughter’s marriage will remove her from the preference categories and she will no longer be able to apply for an Immigrant Visa until you become a United States citizen. Immigration law does not allow a lawful permanent resident to sponsor a married son or daughter.

While your parents are free to come to the USA as tourists, you can only petition for permanent residence for your parents when you are a United States Citizen. When a citizen, you must petition for them with a Form I-130, Petition for Alien Relative. I would suggest filing a separate petition for each one of your parents as a safeguard if one of your parents passes away. Parents of U.S. citizens are considered immediate relatives so they don’t have to wait for a long time to get a visa number. The I-130 petition will take 3 to 6 months for adjudication. Once it is approved, your parents can come to the United States through consular processing on immigrant visas. They’ll receive their Green Cards once they arrive in America.

As a lawful permanent resident you can petition for your immediate relatives to come to the United States: parents, spouse, or children under 21. However, they will not be able to immediately apply for an immigrant visa once the petition is approved because they have to wait until their visa numbers become available. The visa numbers are updated monthly on the visa bulletin by the Department of State. Once you naturalize, you will be able to petition for your siblings as well. You will not be able to file a petition for your aunts, uncles, or cousins as a lawful permanent resident or as a United States citizen. I would suggest filing for your parents, spouse, and/or children under 21 now because you can upgrade those petitions once you become a United States citizen.

You should file a petition for him as soon as possible. This is because the petition can be upgraded once you become a United States citizen. Also, there is not a major difference in the priority dates for unmarried sons and daughters of U.S. citizens and unmarried sons and daughters of permanent residents. Thus, in either case, an individual would have to wait approximately 6-7 years before their priority dates become current under each category. If your son is under the age of 21, then he will qualify as a child of a permanent resident and have a short waiting period of approximately 3-4 months unless the numbers regress or slow down. Once you become a United States citizen then he will be considered an immediate relative and you do not have to worry about priority dates. He will be able to apply for an Immigrant Visa immediately.

You must have your passport issued by the country where you are a citizen, and to return to the USA, you must have your Green Card. It’s also helpful to have other documents such as your US driver’s license. You can also lose your permanent residency by staying outside the US for a long time, moving temporarily or permanently, calling yourself a non-immigrant on your taxes, or failure to file income taxes while living outside the United States. If you know you will be outside the USA, but don’t want to lose your LPR, apply for a re-entry permit, and consider applying at the nearest embassy or US consulate for a returning resident visa. Of course, this does not apply to members of the US armed services or civilian employees of the US government overseas on official business.

Yes, you can request a humanitarian parole from USCIS in order to reinstate the original petition. The available options that must be reviewed with an experienced immigration attorney confidentially as a public forum is not a suitable place for such discussion.

You can call USCIS to inquire about your oath ceremony or submit an inquiry on their website. Contact us for additional assistance. Best wishes!

No. The US Citizen's spouse must naturalize and then sponsor her immediate family member (foreign national mother).

If you remained in the United States after the age of 18 for any period of time over 6 months, you acquired unlawful presence and you need a waiver. DACA does not cure unlawful presence, it defers action on the unlawful presence.

If you were admitted on a valid visa and overstayed, you were eligible to adjust the status to LPR once you married a US citizen, provided you qualified with other grounds and had no disqualifying criminal history.

It is impossible to pinpoint the exact reason for the I-751 delay without examining the submission, its content, and receiving case updates and correspondence content with the concerned parties. You may consider discussing your legal options with an experienced immigration attorney versed in that arcane area of law.

You may file now and then change the address but chances are you may naturalize before you move next year. You need to file the case in the district where you’re currently living for a period of at least 90 days.

You may travel internationally all the way until the date of the validity of your LPR status in December of 2021 without any issues provided you will need to have either a valid foreign passport or valid I-131. But we recommend filing your removal of conditions as soon as you’re eligible.

U.S. Citizenship and Immigration Services (USCIS), part of the U.S. Department of Homeland Security (DHS), is the government agency that oversees legal immigration to the United States. USCIS is primarily responsible for approving green cards, naturalization, work permits, travel permits, and other “immigration benefits.”

A conditional green card is valid for only 2 years, and the designation “CR1” on the physical card stands for “conditional resident.” A conditional green card holder must file Form I-751 to “remove the conditions” and obtain a permanent green card. In most cases, a conditional green card is issued to a spouse who has been married for less than 2 years at the time their green card was first approved.

A lawful permanent resident, also known as a “green card holder,” is a foreign national who is authorized to live and work anywhere in the United States, sponsor certain relatives for their own green cards, and ultimately apply for U.S. citizenship.

A “green card,” issued by U.S. Citizenship and Immigration Services (USCIS), provides proof of lawful permanent resident status, with authorization to live and work anywhere in the United States. Most green cards must be renewed every 10 years, but conditional green cards based on marriage or investment must be replaced after the first 2 years.