Winter Park & Orlando 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
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
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.
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.
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.
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.
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
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.
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.
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 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 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
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.
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).
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.
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 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 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 & Orlando 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.