Winter Park Immigration Attorney

Legal Counsel to Meet Your Immigration Needs

The immigration process is rife with complexities. No matter which action an individual, family member or employer takes, the procedural obstacles and regulatory requirements set forth by U.S. Citizenship and Immigration Services can quickly overwhelm and frustrate applicants. When you need to resolve an immigration process successfully, you need the experienced assistance and insightful information our Florida immigration lawyers can provide.

At Robert Brown LLC, our knowledgeable legal team is dedicated to the interests of our clients and we will work diligently to ensure that all necessary forms are completed accurately, all procedures and eligibility requirements are met in a timely manner and that you gain the valuable information you need to better understand the immigration process. If you, your employer or a family member is interested in any of the following immigration actions, attorneys Robert Brown, Rishi Oza, Erin Brown and Aleksandar Cuic will be prepared to help. The following is a list of resources related to the agencies we work with and the cases we handle:

Adjustment of Status
Adjustment of status is one of the two primary pathways to obtain permanent residence status. An adjustment of status is available only to non-immigrants residing inside of the United States. When successful, an adjustment of status will allow a foreign citizen to obtain a green card.

Agencies
When dealing with the immigration process, it is important to know the main organizations and government agencies that will be handling immigration related issues. Of the many agencies, some of the more prevalent ones include the U.S. Department of State, U.S. Citizenship and Immigration Services and U.S. Immigration and Customs Enforcement.

Bars to Returning to the US
United States immigration law and the Immigration and Nationality Act can impose bars to returning to the U.S. when immigrants or non-immigrants violate certain conditions. This can include unlawful presence, prior removals, criminal convictions and fraud or misrepresentation.

Change of Status
Non-immigrant visa holders can file applications with the USCIS to change their non-immigrant status while in the United States. Change of status proceeding are usually done when a visiting non-immigrant visa holder changes the purpose of their stay in the country. Eligible non-immigrant visa holders must have been lawfully admitted into the United States and must not have committed crimes or violations of their visa conditions.

Citizenship
Individuals can become United States citizens either at birth or after birth. For foreign nationals and citizens who wish to gain citizenship, they must either apply for derived or acquired citizenship through parents, or apply for naturalization. In order to become a U.S. citizen, most naturalization applicants are required to take a citizenship test on English and civics.

Consular Processing
Of the two primary paths to permanent resident status, or a green card, consular processing is available to individuals in the U.S. and to other residing outside the country. For those outside the U.S., consular processing involves the filing of an immigrant petition and an interview with a U.S. Department of State consulate in a foreign country.

Diversity
The Diversity Immigrant Visa Program provides 50,000 immigrant visas per year to countries with historically low immigration rates to the United States. Drawings are conducted randomly and applicants must be nationals of designated countries. If accepted, a foreign citizen will obtain permanent resident status.

Documentary Requirements
Any foreign national visiting the United States or applying for immigration benefits with the USCIS will be required to provide certain required documents and information. Depending on your situation, you may be required to present some of these most common documents during your stay in the U.S. or during proceedings with the USCIS.

Employment Authorization
All employers are required by law to verify the eligibility of their employees to work in the United States. Depending on immigration status and other circumstance, foreign nationals can apply for employment authorization that will allow them to legally gain employment.

Employment-Based Non-Permanent Residents
Foreign workers who can demonstrate skills, education or training in a specific field have the opportunity to gain non-immigrant temporary worker visas. There are many different visa categories for foreign nationals who wish to come to the United States, which will be granted according to the type of employment and background of applicants.

Employment-Based Permanent Residents
Foreign citizens have the opportunity to acquire permanent resident status based on their abilities, skills, professions and achievements. Visas for permanent workers are classified into five separate preference categories. Depending on the preference category and circumstances involved in a case, some applicants may need to have employers file petitions for immigration on their behalf.

Extensions
Non-immigrant visa holders can apply for extensions of stay while in the United States. This means that they are requesting an additional amount of time to remain in the country. In order to be eligible for an extension, applicants must have been lawfully admitted, not have committed crimes or violations, and must have valid visas and passports.

Family-Based Immigration
Family-based immigration is one of the more common ways foreign nationals immigrate to the United States. U.S. citizens and permanent residents can petition for immediate relatives, fiancés and other family members to obtain visas and permanent resident status.

Habeas Corpus
Habeas corpus is a legal action that can be used to bring any detained person before a court in order to determine if their detention or imprisonment is lawful. In relation to immigration, this action can be used for immigrant or non-immigrant detainees who have been threatened by arbitrary or illegal deportation.

I-9
Form I-9, also known as the Employment Eligibility Verification Form, is the required documentation that companies and employees must complete during the time of hiring. There are several responsibilities for employees and employers, as well as possible audits and sanctions for employers who knowingly hire workers who are not authorized to work in the United States.

Naturalization
Foreign citizens or nationals can be granted U.S. citizenship through a process known as naturalization. In order to qualify for naturalization, applicants must fulfill the various requirements established by the United States Congress in the Immigration and Nationality Act (INA).

Other Non-Immigrants
Any foreign citizen visiting the United States temporarily is required to have a non-immigrant visa. Depending on the foreign national's position and their purpose for traveling to the United States, a specific visa will be granted. Common visa categories include student, business and crewmember visas.

Persecution
The United States offers protection to foreign nationals who can demonstrate a reasonable fear of persecution or torture in their home country. Whether admitted into the United States as a refugee or asylum seeker, eligible immigrants can also obtain permanent residence status.

Registry
Registry provisions in Immigration law allow undocumented, long-term residents in the United States the opportunity to apply for permanent resident status and obtain green cards. In order to qualify for permanent residence under registry laws, applicants must meet several requirements, including having continuously resided in the United States since a certain date.

Removal (Deportation and Exclusion)
Removal, or deportation, is the legal action taken by the United States federal government to order a non-citizen to be removed from the country. There are several reasons for why this may occur and the process can often be complex and conflicting. There are also certain forms of relief from removal that can help prevent deportation.

Temporary Protected Status (TPS)
Temporary protected status is a temporary immigrant status granted to eligible individuals of designated countries. Nationals of countries who have been TPS designated for temporary conditions such as ongoing armed conflict and environmental disaster can apply for TPS. Individuals without nationality who previously resided in a TPS designated country may also apply.

Unlawful Presence
Unlawful presence is any presence in the United States after the period of stay authorized by the U.S. government has expired. Unlawful presence can also include and presence in the U.S. without being lawfully admitted or returning to the country without first having been paroled or permitted to travel abroad.

Writs of Mandamus
When applicants properly file their immigration applications, provide all the necessary evidence and meet all the requirements, they deserve to receive a decision from the USCIS in a reasonable amount of time. If the USCIS fails to make a decision for too long, legal complaints known as writs of mandamus can be filed and courts can require the USCIS to make a decision within approximately 30-90 days.

Let Our Team of Winter Park Immigration Lawyers Help You

Our legal team is comprised of exceptionally talented, experienced and knowledgeable attorneys who are intent on meeting the needs, goals, and interests of our clients. No matter the nature of your immigration issue or whether you are an employer, individual or family in need of assistance, our firm is here to help and provide you with the information you need to successfully resolve your case. If you would like to learn more about these legal services, or if you would like to set up a case evaluation, contact Robert Brown LLC today.

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