Orlando Immigration Law

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 United States – 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 nonimmigrant status while in the United States. Change of status proceedings 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 others 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.

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 circumstances, 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.

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).

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 – Temporary protected status is a temporary immigration 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.

No matter which action an individual, family member, or employer takes, the process and regulations set forth by U.S. Citizenship and Immigration Services (USCIS) can quickly overwhelm and frustrate applicants.