Whether you are already in the U.S. or are trying to enter the country, you could benefit from collaborating with one of our immigration attorneys. We assist individuals with various immigration issues, including securing a green card, applying for nonimmigrant visas, and more.
Countless pitfalls come with immigration, and a single error could jeopardize the entire process. Do not put your application at risk by taking on these challenges on your own. A Melbourne immigration lawyer can take you through the process step-by-step.
Understanding Green Cards
The first step for many people during the immigration process is applying for a green card. This is the informal name for lawful permanent residency.
A lawful permanent resident is not a citizen of the United States. However, they maintain the right to live and work in the country. A person with a green card also has the opportunity to seek citizenship in the coming years.
Work Visas
U.S. Citizenship and Immigration Services (USCIS) offers five types of permanent, employment-based visas for qualified applicants. One such visa is the EB-2 work visa for immigrants with exceptional abilities or advanced degrees (or their country’s equivalent of the U.S. degree). Immigrants who are broadcasters, religious workers, and other categories defined by the USCIS may qualify for an EB-4 work visa.
Not all individuals who seek to enter the United States pursue a path to immigrate permanently. Some people seek nonimmigrant positions to come to the United States for a set time. One visa, the H-1B work visa, is a temporary work visa for certain professions, including those that fall under a “specialty” profession.
Usually, these individuals come to the United States for employment purposes. Companies sponsoring foreign workers for employment in the United States can encounter complex legal and regulatory challenges. We can also assist with commercial law and corporate legal issues.
Furthermore, non-migrants may also come to the U.S. to pursue studies. For example, a student visa allows foreign nationals to enter and remain in the United States to pursue a course of study at an accredited institution of higher education.
Petitions and Forms
Filling out and submitting petitions and forms is essential to the immigration process. However, these forms can be complex and confusing, and the stakes are high; errors or omissions can result in delays or application denials.
An experienced immigration lawyer can provide invaluable assistance with the paperwork involved in the immigration process. We can help:
- Explain the various forms and their requirements
- Gather the necessary documents and evidence
- Review and edit the forms to ensure accuracy and completeness
- Submit the forms and petitions to the appropriate government agencies
As part of our legal service, we offer guidance and support with the documents related to your case. With our combined experience in immigration law, we employ all our knowledge and resources to help you secure the best possible outcome for your case.
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Becoming a U.S. Citizen
There are two pathways to citizenship in the United States: birthright citizenship and naturalization. The naturalization process is the only option for most people born outside the United States.
The procedural framework established by the U.S. Citizenship and Immigration Services (USCIS) and federal immigration laws is complicated. However, our attorneys can protect your legal rights and review all available options.
We can also help you understand the duties, rights, and obligations of aliens and foreign individuals who enter the United States temporarily or permanently.
Birthright Citizenship
If you were born in the United States, you typically secure citizenship from birth. However, even if you were not born in the country, you could be eligible for birthright citizenship if you were born abroad to at least one U.S. citizen.
A foreign birth certificate is enough for individuals born to American parents abroad to prove their citizenship. Proving citizenship in these cases is as simple as applying for a passport or registering a foreign birth certificate at a U.S. embassy.
Naturalization
Naturalization is when a person becomes a citizen outside of birthright citizenship. A few circumstances will allow a person to pursue citizenship in this way.
The most common example is lawful permanent residents seeking citizenship after residing in the United States for at least five years.
Your family ties also allow you to seek citizenship. For example, if you are married to a U.S. citizen or a citizen’s child, you could be entitled to naturalization. Additionally, you could pursue citizenship after serving in the United States military for at least one year.
The naturalization process involves a citizenship test with questions about the government process. It also includes an English language test. Failing will prevent you from securing citizenship. You can apply for citizenship as often as you like, but you must pay the filing fee each time.
Common Reasons for Green Card Denial
Countless individuals secure lawful permanent residence in the United States each year. However, the USCIS denies numerous green card applications. Common reasons include the following:
Immigration Violations
Green cards are generally unavailable to anyone who has previously entered the country without authorization. These individuals typically committed one of the following actions:
- Entering the country illegally
- Securing a visa using fraud
- Violating the terms of their immigration status
Criminal History
Certain criminal convictions can cost you a shot at a green card. These offenses are known as crimes of moral turpitude.
Most felony convictions will make it difficult to obtain a green card. However, misdemeanors can also be problematic if they qualify as crimes of moral turpitude. Examples could include drug crimes or offenses related to theft.
Health Issues
Everyone seeking entry into the United States as a lawful permanent resident must submit to a medical exam. The results of these exams could lead to the denial of a green card application.
Examples of problems stemming from a medical exam could include lacking necessary vaccinations and a diagnosis of an infectious disease.
Government Error
Sometimes the government denies claims by mistake. While USCIS rarely admits to doing so, mistakes do happen.
Examples of such errors could include misreading or misinterpreting evidence, overlooking or misapplying legal standards, or failing to consider all of the evidence submitted. If you believe that USCIS made a mistake denying your claim, you could appeal the decision or request that USCIS reopen your case.
Failure to Cooperate
There are steps you must take during the immigration process. If you fail to take these steps, you could see your application denied.
Examples could include refusal to attend meetings or appointments and failure to provide requested documentation.
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Fighting Deportation and Removal
One of the steepest consequences an immigrant can face is the prospect of deportation and removal from the United States. Removal is recommended for many reasons. Though it frequently involves individuals in the United States without lawful status.
Every person facing the prospect of removal has the right to a hearing. During these hearings, you can make your case and argue why you should be allowed to stay in the country.
Navigating USCIS Hearings
Thankfully, you are also entitled to an attorney during this crucial process. Some of the strongest defense arguments available for removal hearings include:
- The criminal charge in question is not a viable charge for removal
- You are a citizen of the United States
- You have close ties in the United States and qualify for cancellation of removal
- You seek asylum
Illegal Reentry Cases
Under U.S.C. 1326, illegal reentry cases occur when a foreign individual returns to the country without proper authorization. These cases can have serious consequences, including criminal charges, fines, and additional removal periods.
An experienced immigration attorney can assist individuals facing illegal reentry charges. We can help by investigating the circumstances surrounding the deportation or removal order.
Additionally, our legal team can gather evidence of any extenuating circumstances or hardships relevant to the case, such as family ties, employment history, or medical conditions.
Our Melbourne Immigration Attorneys Can Help
The lawyers at the Melbourne, FL, office at Bogin, Munns & Munns understand the importance of your immigration case. Whether you are fighting deportation or pursuing a green card, our team is ready to help you obtain the best possible outcome.
Contact us today to discuss your case and ensure compliance with immigration laws. Our legal team can offer you support and clarity as you begin a new chapter in your life.
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