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01 Mar, 2024
Navigating Non-Immigrant Visas: Your Guide to the Process with Gurian Group, P.A.
29 Jan, 2024
As the process of obtaining legal status in the United States continues to become more complicated, the journey of marrying a foreign national is no exception. Nowadays, the path toward obtaining a green card through a spouse is increasingly arduous and frustrating, even for couples who are happy to spend their lives together. Legal experts in the field of immigration law say that many US citizens are surprised to learn that navigating through the immigration process requires the attention of a skilled and experienced Immigration Attorney. If you are a Florida resident planning to marry a foreign national or you already did, it is time to learn more about how a marriage-based immigration lawyer can help streamline and simplify your way to lawful permanent residence status for your spouse. 1. Comprehensive case evaluation The biggest advantage of a marriage-based immigration attorney is that they can help you evaluate the specifics of your case. They can advise you on the basis of their expertise and knowledge as to your eligibility for certain immigration benefits. They will work alongside you to develop a strategy and a timeline encompassing the best course of action for your situation. 2. Documentation preparation and review The devil is in the details, and so many couples have been given grief when it comes to the paperwork required for immigration applications such as Forms I-130, I-751, and I-485. With the help of an experienced attorney, you can ensure that you gather all of the required supporting documentation and that it is accurate and complete. Your attorney will help review all forms and applications, and ensure that they conform to the USCIS requirements and that your case is as strong as possible. 3. Representation and Negotiations As one of the most important stakeholders in your case, it is crucial that you are represented effectively. An experienced Immigration lawyer that specializes in marriage-based immigration can help you navigate the interview process and attend with you. You can rest easy knowing that they'll provide you tips on how to answer tough questions and negotiate to approve your case. They can also communicate with the DHS and USCIS taken care of their inquiries and seek to obtain updated information without bothering you further, 4. Appeals and Litigation Unfortunately, even the best-prepared marriage-based immigration cases can encounter a storm of legal challenges and denials. If you find yourself in need of appealing a negative decision, or need to take your case to Federal Court, an experienced immigration attorney can help you and your spouse gather the necessary evidence for your case. They will also provide you legal support if ever you are facing deportation and need to fight to avoid removal. 5. Additional Services An immigration attorney that specializes in marriage-based immigration can also provide additional support services beyond their scope such as interpreting, passport renewal, notarization, and referrals to related professionals like translators, investigators, and document processors that could make the process even more easier. For couples navigating the U.S. immigration process, having an experienced immigration attorney specialized on marriage-based immigration on your side is a must. No matter where you are in the United States, the Law Offices of XYZ will work with you to create a plan and guide you every step of the way during the green card process. We make it our mission to help you and your spouse build a life together here in the United States. Contact us today for your confidential consultation, and we will help you understand your options, and what you need to do to successfully navigate the path to lawful permanent residency status.
20 Dec, 2023
Being a victim of a crime is a traumatic experience for anyone. It can be an even more distressing experience for non-citizens residing in the United States. Victims of crimes who are not citizens or lawful permanent residents might feel reluctant to report these crimes to law enforcement agencies for fear of deportation. This is where U-Visa can help. U-Visa is a non-immigrant visa granted to non-citizen victims of qualifying crimes who have suffered substantial mental or physical abuse due to the crime and have assisted, or are willing to assist law enforcement agencies in investigating or prosecuting the criminal case.  U-Visa is a temporary visa that can be granted to an individual who can establish their status as a qualifying crime victim. To be eligible for the visa, the victim must be physically present in the United States and must have suffered mental or physical abuse due to the qualifying crime. The crime must have been reported to law enforcement and the victim must be willing to assist law enforcement agencies in the investigation or prosecution of the crime. Qualifying crimes for U-Visa include domestic violence, sexual assault, trafficking, abduction, torture, and certain other crimes such as felonious assault, manslaughter, extortion, and witness tampering. However, it is essential to note that not all crimes can qualify and the victim must work closely with law enforcement agencies to establish the crime's qualifying criteria. U-Visa holders can stay in the United States for up to four years, and eligible U-visa holders can apply for an adjustment of status, thereby obtaining lawful permanent residency. Additionally, U-Visa holders can obtain work authorization and travel out of the country, subject to other immigration law requirements. The U-Visa application process involves a multi-step process, where the applicant has to submit several forms and evidence along with the U-visa certification from the law enforcement agency. Since the demand for U-visas' availability exceeds the limited number of visas issued in a given year, many applicants have to wait for years to receive a visa. As a legal professional, I have seen firsthand the benefits of U-Visa for qualifying crime victims. It provides a path for non-citizen victims of qualifying crimes to come forward with their victimization and seek legal redress. The U-Visa program has helped law enforcement to bring criminals to justice and has allowed non-citizen victims to remain safely in the country without fear of deportation. If you or someone you know has been a victim of a qualifying crime and needs legal assistance, consider consulting with an experienced immigration attorney who can guide you through the U-Visa application process.
04 Dec, 2023
Tips for Surviving Your Marriage Green Card Interview
30 Oct, 2023
The Deferred Action for Childhood Arrivals (DACA) policy remains a source of hope for undocumented immigrants brought to the USA as children. Since the policy's inception, it has allowed approximately 800,000 Dreamers to live and work in the USA legally. The policy's future may currently be hanging in the balance, but it is still currently an option for individuals to renew their DACA status. In this post, we will guide you through the DACA renewal process, covering who is eligible, what documents you need, how long it takes, and how an attorney can help.  Who is eligible for DACA renewal? Individuals who are current DACA beneficiaries, meaning their DACA status has not expired, have the option of renewing their status. DACA beneficiaries whose status has lapsed can still apply for renewal, but they will need to go through the entire application process. Furthermore, those who have never had DACA status before will not qualify for renewal. What documents do you need for DACA renewal? To renew DACA status, you will need the same documents required for the original DACA application. Documents to gather include two passport-style photos, a completed Form I-765, an I-821D worksheet, and a copy of your Employment Authorization Document. You also need to show proof of your continued education, which can be transcripts or a degree. Alternatively, you can show that you have a high school degree or an equivalent certification like a GED. For those who did not require employment authorization documentation in their initial application, an explanation is needed. How does the DACA renewal process work? The DACA renewal process involves filling out the appropriate forms and mailing them to the appropriate USCIS service center. Forms should be completed online if possible, and biometrics may be necessary before you receive a decision. Be sure to gather your documents, schedule and attend your biometrics appointment, and keep a record of the documents you submit. A competent attorney can help you navigate the renewal process as well as possible USCIS changes and other DACA-related policies. How long does it take to renew your DACA status? The time it takes to renew your DACA status varies, but the USCIS consistently reports processing times on its website. At present, applications are processed in around four to five months, but cases that require further review or involve errors or omissions can prolong the process significantly. An attorney can help ensure that your application is completed correctly and promptly. How can an attorney help with DACA renewal? An experienced immigration attorney can help at every stage of the DACA renewal process, from answering questions about eligibility to reviewing your application. An attorney will also keep you updated on the latest policies that may affect the program, reducing the potential of delays and uncertainties. An attorney can help you gather, review, and submit documents, and provide representation in case you receive a denial. Renewing your DACA status comes with many concerns, from eligibility to uncertainties surrounding the migration policies. There is also the issue of submitting the right documents at the correct time, without errors to ensure that the process is not protracted. Hiring an experienced immigration attorney is always a good idea since they can guide you through the entire process, making it as smooth as possible. Furthermore, an attorney can assist with potential USCIS changes and other DACA-related policies. Get in touch today to schedule a consultation with an expert immigration attorney and get started with your DACA renewal.
By Joseph Gurian 29 Sep, 2023
The process of applying for a green card can be overwhelming, especially when it involves sponsoring a family member. However, it is a worthwhile process that can bring you and your loved ones closer together, and allow them to live and work in the United States legally. If you are a Florida resident seeking to sponsor a family member for a green card, this guide will provide you with the necessary information to ge you started.  Where do you file? The first step in the process of sponsoring a family member for a green card is to file Form I-130, Petition for Alien Relative, with the United States Citizenship and Immigration Services (USCIS). The form can be filed online or via mail to the USCIS Chicago Lockbox. After the form has been filed and accepted, your application will then be reviewed by a USCIS officer who will determine whether or not you meet the requirements to sponsor a family member. What documents are required? To successfully apply for a green card for your family member, you need to prepare a set of documents as evidence of relationship. Among the necessary documents include: birth certificates of both sponsor and beneficiary, marriage certificate (if applicable), divorce decree (if applicable), proofs of domicile in Florida, and photos. How do you prepare for the interview? If the USCIS officer approves your application, a visa interview will be scheduled for your family member at the nearest U.S embassy or consulate. It is important to understand that the interview is one of the most critical aspects of the application process. To prepare for it, you should help your family member understand the kind of questions they will be asked, and make sure they have all the necessary documents. It may also be helpful to hire an immigration attorney to guide you through the interview preparation process. How can an attorney help me? An immigration attorney can be a valuable asset when applying for a green card for your family member. Attorneys can provide advice and guidance through every stage of the immigration process, including filing applications, translating documents, preparing for interviews, and more. By hiring an immigration attorney, you can increase your chances of successfully obtaining a green card for your family and avoid costly mistakes. Sponsoring a family member for a green card involves a lot of work, but with the right resources and support, it can be a smooth and successful process. If you’re a Florida resident who needs to petition for a family member, don’t hesitate to reach out to an immigration attorney for guidance. With a little bit of knowledge and help, you can successfully navigate the immigration process and reap the benefits of having your loved ones near you.
By Joseph Gurian 31 Aug, 2023
Naturalization is the process that immigrants take to gain citizenship. In the United States, a naturalized citizen is someone who has completed all the steps necessary to acquire citizenship. Here is a look at naturalization, the requirements to begin the process, and the steps you need to take along the way.  You should keep in mind that naturalization is the last step in a process that includes military service, marriage to a US citizen, or living for 5 years as a legal permanent resident. How to Qualify for Naturalization There are different circumstances for people going through the citizenship process. However, many of the requirements apply to everyone regardless of how they became eligible. In order to become a citizen, you need to meet the following requirements: Be at least 18 years old. Those who are younger need to gain citizenship through their parents. When a parent becomes a citizen, their minor children gain citizenship as well. Be a lawful permanent resident for at least 5 years. Permanent residents, known as Green Card holders, are legally allowed to reside and work in the United States, but they are not citizens and do not have all the rights and protections of citizens. There are exceptions to this timeframe. Some people who marry a US citizen or gain refugee status may be able to go through naturalization in less than 5 years. Prove good moral character. To become a citizen, you need to avoid criminal activity and also prove that you have no criminal record in the countries where you previously resided. A criminal background check in your country of origin or other countries in which you lived is necessary for permanent residency as well. Have basic English skills. Though fluency is not a requirement, you need a basic understanding of English to gain citizenship. Understand US history and government. There is a short citizenship test on facts related to US history and government. This exam is given orally during the citizenship interview. Willingly take the Oath of Allegiance to the United States. This oath takes place during the final ceremony before a judge who legally grants you citizenship. Applicants need to provide evidence to prove they meet all these requirements. The Most Common Ways to Earn Citizenship According to the US Department of Homeland Security, there are four common ways to become a naturalized US citizen. As the child of a naturalized citizen, you automatically earn citizenship when at least one of your parents does. When you marry a US citizen, you can start the naturalization process. If you are a lawful permanent resident for 5 years, regardless of your reason for having resident status, you can apply for citizenship. Non-citizens who serve in the US military may be eligible for citizenship under special rules in the Immigration and Nationality Act. The requirements for this type of citizenship include one year of honorable military service or service during a time of conflict. The Steps for Naturalization If you are applying for naturalization, you already have a Green Card, which grants permanent resident status. If you do not have a Green Card, you need to file form I-485, which is the application for permanent residency. If approved, you will go through an interview process and receive your Green Card. Once you have a Green Card, you can begin the naturalization process. The first step in the naturalization process is to file form N-400 with the US Citizenship and Immigration Services (USCIS). You need to include personal details, information about employment, family members, marital history, time spent outside the US, and details about your spouse or children. You need to collect supporting evidence, such as a birth certificate, Green card, passport, US visa, and 2 recent passports-size photos. You should photocopy the documents (but send the original photos) and attach the copies to the N-400. You will need to pay an application fee with a check or money order when submitting the N-400. You can find the latest fee amounts on the USCIS website. After the USCIS receives and files the application, they will contact you to schedule a fingerprinting and biometrics appointment. You will need to go to a USCIS field office for an electronic fingerprint scan. You will also be asked to bring the originals of the documents you photocopied for the N-400 application so that USCIS agents can verify them. Once you pass all the initial checks, the USCIS will contact you to schedule a second appointment at a field office. This time, you will need to sit for an interview. The interviewer will verify information on your N-400 and may ask other questions pertaining to your application. During the interview, you will need to pass tests on US history and civics, which will be given in English. You need language skills to understand and answer the interviewer, and you need to answer a majority of the questions correctly. There are study guides available with all the possible questions you could be asked during the test. If your application is accepted, you will need to take one final step: attending an oath ceremony. You will swear an oath of allegiance to the United States in front of a judge and officially become a US citizen. After you obtain citizenship, you can take certain steps, such as changing your status with the Social Security Administration or registering to vote. Do You Need a Lawyer for Naturalization? You may or may not need a lawyer for the naturalization process. Technically, it is possible to fill out the N-400 application on your own, supply all supporting evidence, and attend necessary appointments without legal assistance. However, any incorrect or incomplete information can cause significant delays, so it can pay to have an immigration lawyer at least check your application before submitting it. If there are complicating factors, you can get advice from an attorney. Lawyers can help with cases involving refugees, people who have a deportation order and fear for their safety if they return to their home country, or those who feel their application wasn't treated fairly.
10 Jul, 2023
What You Need to Know About Marriage Based Immigration in the United States
22 Jun, 2023
Being Detained by ICE The U.S. Immigration and Customs Enforcement (ICE) may detain an immigrant for being undocumented, committing a crime, violating their visa, or entering the country illegally. Depending on your unique circumstances, you may be eligible for release – by posting a delivery bond – when taken into custody. A knowledgeable Florida immigration law attorney can enlighten you about your rights and options when detained by ICE. At Gurian Group, P.A., I’m committed to offering reliable legal guidance and advocacy to clients in immigration-related matters. As your legal counsel, I can investigate the reason for your ICE detention and determine whether you can post bond. My firm proudly serves clients across Miami and the surrounding communities throughout Southern Florida. What Is an ICE Hold? An ICE hold – also known as an ICE detainer or immigration hold – can be described as a legal hold which is placed by ICE on a person who has been arrested by local law enforcement. It is a written request from ICE to a local law enforcement agency requesting that the agency should detain the person in custody for an extra 48 hours. This is to give ICE officials more time to investigate and determine whether to initiate deportation proceedings against the arrestee. What If the Individual Isn’t Taken Into Custody? ICE investigates arrestees that are believed to be in the United States illegally. If ICE fails to take custody of the arrestee after 48 hours, the local police can release the person. Under the law, it is illegal for the local law enforcement agency to hold an arrestee beyond the additional 48 hours requested by ICE. Also, the local jail or agency must release arrestees if ICE determines that they are U.S. citizens or not subject to deportation. What Happens If They Are Taken Into Custody? Conversely, if ICE determines that the arrestee is in the country unlawfully and takes him or her into custody, they will be transferred to a detention facility. At the detention facility, ICE will: Initiate the deportation proceedings , and Issue a Notice to Appear (NTA) (The notice will state the legal reasons for removal or deportation.) Thankfully, a person detained by ICE and taken into custody can seek to be released on a delivery bond. An immigration judge will decide whether you’re eligible to post bond, provided that you’re not a threat to public safety or national security. However, if they’re not eligible for a bond, they will be subject to mandatory detention until their removal case is finalized. If you or someone close to you has been detained by ICE, you need to get in touch with a skilled immigration attorney right away. Your legal counsel can reach out to the local ICE office on your behalf, request that they lift the immigration hold, and explore your eligibility to post bond. Understand Your Immigration Rights Getting detained by ICE can be a worrying situation. However, depending on the reason for your arrest, you may be able to post bond and be released from custody. At Gurian Group, P.A., I have devoted my career to offering outstanding legal services and protecting clients who have been arrested and detained by ICE from the worst possible situation.  As your legal counsel, I can investigate every aspect of your case, explore your eligibility for bail, and help post ICE delivery bond to fast-track your release. In addition, I will fight intelligently for your legal rights and present your case diligently at the immigration hearing in pursuit of the most favorable outcome for your unique situation. Have you been detained by ICE? Contact me at Gurian Group, P.A. today to schedule a simple consultation with a practiced immigration lawyer. I can offer you the trusted advocacy and personalized legal guidance you need in your case. My firm proudly serves clients across Miami and the surrounding communities throughout Southern Florida.
22 Jun, 2023
We Are Here Illegally But Our Kids Were Born Here. Are They U.S. Citizens? Children born in the United States are granted all the rights and privileges of U.S. citizenship, regardless of the immigration status of their parents. But can immigrant parents who entered the country illegally obtain citizenship if their children are U.S. citizens? Consider speaking with an experienced immigration attorney to discuss your particular situation and understand your ability to obtain citizenship if you have children born in the United States. At Gurian Group, P.A., I provide confidential legal advice and effective immigration guidance to people in Miami and other communities throughout Florida. What is U.S. Citizenship? U.S. citizenship is the status of being a citizen of the United States. Citizenship can be obtained in three ways: birth, parentage, or naturalization. When a child is born in the United States, they are granted all the rights and privileges of U.S. citizenship, including the right to vote and immunity from deportation. Even children of illegal and undocumented immigrants can become U.S. citizens if they are born in the country. Children obtain U.S. citizenship automatically regardless of their parents’ immigration status. Can a Child’s U.S. Citizenship Help Their Parents Immigrate? Since children of undocumented immigrants become U.S. citizens when they are born in the United States, the child’s citizenship could help the parents immigrate. However, doing so is complicated. Immigration law treats parents of U.S. citizens as “immediate relatives.” U.S. citizens, however, cannot petition to help their immediate relatives—including parents—immigrate until they reach the age of 21. If your children were born in the United States but you and your partner/spouse entered the country illegally, consider speaking with an immigration lawyer to discover your options for gaining permanent residency. If you stay in the United States as an undocumented immigrant after an illegal entry, you could face repercussions, even when your U.S. citizen child turns 21 and petitions for a green card for you. The Challenges Parents Face When Receiving a Green Card Through a U.S. Citizen Child There are several challenges that undocumented immigrant parents may face when trying to gain legal status through their U.S. citizen children: Waiting until the child turns 21 to have them file an immigration petition. Remaining in the country as an undocumented immigrant for so long can be very difficult. The child who petitions for their parents to live in the U.S. as green card holders must have enough money to be their parents’ financial sponsor. According to the U.S. Citizenship and Immigration Services (USCIS), every individual who immigrates based on a relative petition must have a financial sponsor. Parents who leave the country by the time the child, who has turned 21, files an immigration petition must attend an interview at a U.S. consulate. During the interview, the consular officer must analyze the admissibility of each parent. If a U.S. citizen child’s parents stayed more than 180 days in the United States illegally, their entry could be barred for 3 to 10 years. Can ICE Deport Parents of U.S. Citizen Children? While the possibility of being deported as an undocumented immigrant must never be dismissed, parents of U.S. citizen children are less likely to be removed from the country than other immigrants who remain in the country illegally. Authorities use “prosecutorial discretion,” which means the U.S. Immigration and Customs Enforcement (ICE) cannot deport every illegal immigrant. Instead, the federal agency focuses on deporting criminals and those who pose a danger to American citizens. How An Immigration Attorney Can Help If you have a child who was born in the U.S. or are considering giving birth to a child in the country after your illegal entry, consider speaking with an immigration attorney. As an AV-rated attorney with extensive experience representing undocumented immigrants, I am here to provide the legal guidance you need. Get a case review to understand your options for overcoming immigration challenges.
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