In Miami Beach, about 51.3% of the population is foreign-born. With such a high immigrant population, the city can be quite inviting to people from other cultures. However, the immigration laws aren’t always so welcoming. Staying in the country can be a challenge.
Fortunately, an immigration attorney in North Miami Beach can help. Here at the Florida Immigration Law Counsel, we’ve dedicated years of work to helping immigrants. We can explain your options and help you achieve your goals.
Common Issues Regarding Immigration
In the U.S., immigrants face many challenges. But there are ways to overcome those challenges. Here are just a few of them:
Adjusting Immigration Status
Many times, individuals from other countries are only allowed to stay on a temporary basis. For instance, your first green card expires after two years. Similarly, if you come to the country on a temporary visa, you can only stay for the time specified on the visa.
There are ways to change your immigration status. However, it is a process. You need to determine the best way for you to remain in the country. Then, you need to fill out all of the necessary paperwork. If you make a mistake, you could lose your chance to stay in the country.
Sometimes, the government denies you the right to stay in the country. But their word isn’t final. You can appeal their decision.
The appeals process varies based on the decision you are appealing. For example, USCIS appeals must be made to the Administrative Appeals Unit. Appeals for Forms I-130 need to go to the Board of Immigration Appeals.
To have a chance at a successful appeal, you need to correctly fill out the paperwork. You also must show why the appeals unit should reconsider the decision. This means providing evidence or including a convincing written statement.
When a person feels unsafe in their country, they can petition the U.S. for asylum. Much like other immigration processes, this one has very specific requirements.
The process is for aliens who fear returning to their country because of a history of persecution or a fear of persecution by the government or uncontrolled parties. The persecution must relate to the race, nationality, political views, religion, or membership to a social group of the applicant.
You need to apply for asylum within one year of the last time you entered the U.S. However, there are rare exceptions to the rule. Regardless of when you apply for asylum, the government could choose to deny you for past criminal convictions or several other reasons.
Cancellation of Removal Proceedings
If you receive a removal proceedings notice, you do have options. You could try to get a cancellation of removal proceedings.
There are two basic types of removal. First, there’s the one for permanent residents. Secondly, there’s one for non-permanent residents.
Usually, permanent resident deportation happens when a green card holder receives a criminal conviction. Non-permanent residents often go through removal proceedings when they are undocumented aliens or people who have overstayed their visas.
If the cancellation proceedings work, you may be able to remain in the country. Undocumented aliens could receive a green card if they have successful cancellation of removal proceedings.
Becoming a Citizen
If you’ve been in the U.S. for a while, you may want to become a citizen. To do so, you are required to go through the naturalization process. It happens to be one of the most challenging immigration processes.
Naturalization is only possible for people who have maintained residency in the U.S. for a long period of time. Additionally, they must have maintained a lawful presence with no serious convictions. They need to have good moral character, speak the English language, and have knowledge of American studies.
Employment-Based Immigration vs Family-Based Immigration
When people choose to come to the U.S., they have multiple visa options. Typically, people come for either family-based immigration or employment-based immigration.
With employment-based immigration, the individual has a special skill that makes them an asset to an American business. Sometimes, the skills are in a career with a high demand for workers. At other times, the immigrant has such talent that they are coveted as an employee.
A potential employer cannot immediately fill out the immigrant petition for the individual. Rather, the Department of Labor must first claim that the immigrant will not be taking work away from U.S. workers. Once they make the claim, the employer can begin the process.
Receiving the claim is a process. First, the employer needs to publish the job offer in the newspaper for a certain amount of time. The offer needs to be for the prevailing wage. If someone qualified applies for the job, then the Department of Labor will not make the required claim.
If you have family in the U.S., you may qualify for family-based immigration. This is the method most immigrants use to emigrate to the country.
A U.S. citizen can petition for their parents, siblings, spouses, and children to come to the country. However, green card holders can only petition for their spouses and unmarried children to enter the country.
There are many limitations to this type of immigration. For instance, there are priority dates and preference categories. You may need to wait for months or even years to have your petition granted. If you work with a lawyer, you can learn more about the process and the restrictions.
An Immigration Attorney in North Miami Beach
Immigrants come from all over the world to stay in North Miami Beach. For instance, the area has a high population of Russian immigrants. Although the country of origin varies, one detail remains the same. Immigrating to the U.S. is a difficult process.
Whether you are an employer, a U.S. citizen, or an immigrant, you could find yourself in need of an attorney. The Florida Immigration Law Counsel can help you answer all of your questions about the complex immigration process. Furthermore, we can take you through all of the steps you need to meet your goals. Call us today and get started.