Immigration Law

It is important to hire an experienced attorney to help you with your immigration needs if you are a foreign national hoping to come to the U.S. or someone trying to bring a foreign national here. The Fort Lauderdale immigration lawyers at the Gainza Law Group help clients with regard to immigration issues involving permanent residency, visa processing, non-immigrant visas, student visas, temporary visitor visas, work permits, employment-based green cards, family-based green cards, and deportations and exclusions. We also can assist clients with family law matters or personal injury cases.

Under the Immigration and Nationality Act (INA), an immigrant is a foreign national who lives in the U.S., except for foreign nationals who are legally admitted under certain non-immigrant categories.

Permanent resident status can be obtained through an immigrant visa, or through having one's permanent resident status adjusted by the United States Citizenship and Immigration Services (USCIS). Under federal law, permanent residents are given many of the freedoms and benefits of U.S. citizenship. They have civil rights and other freedoms, although they cannot vote. However, under certain circumstances, such as a firearms-related conviction, a permanent resident could become ineligible for citizenship or have the permanent resident status revoked. An immigration attorney at our Fort Lauderdale firm can help foreign nationals try to avoid these harsh consequences by seeking various forms of relief.

Foreign nationals hoping to immigrate who have skills, education, or job offers may be able to use the route of employment-based immigration. Employment-based categories include workers of extraordinary ability (EB-1), national interest waivers for people such as doctors and workers of exceptional ability (EB-2), skilled workers and professionals (EB-3), religious workers (EB-4), and investors (EB-5).

To obtain permanent residence based on employment, usually the employer must get a labor certification from the U.S. Department of Labor, the employer must petition the immigration service on your behalf for immigrant classification under the employment-based second or third preference, and you must apply to the immigration service for a green card through adjustment of status in the U.S. or consular processing.

There are also various options for family-based immigration, with which our Fort Lauderdale immigration attorneys can assist you. Foreign nationals can obtain a green card by marrying a U.S. citizen, for example. Several steps need to be taken to satisfy the USCIS, and you will need to interview with the USCIS. U.S. citizens also can petition to have their children or spouse join them in this country. Permanent residents with green cards can petition for unmarried children of any age to come join them in this country, but they cannot include married children or those children’s spouses on the application. U.S. citizens who are at least 21 can help their siblings come to the U.S.

Foreign nationals who want to come to the country on a temporary basis, such as for tourism, business, medical care, temporary work, study, or another similar reason, may apply for non-immigrant visas. There are more than 20 kinds of non-immigrant visas, each depending on a different reason for traveling temporarily to the U.S. For example, there is the B-2 for family visits, tourism, holiday visas, and medical problems. Engaged couples may be able to obtain a K-1 visa. If you are coming for an educational or cultural exchange, you may need to apply for a J visa.

As a foreign national, you can be formally removed for violating immigration laws. When a foreign national is formally removed, the legal process is deportation. The USCIS handles legal immigration matters, but the Executive Office for Immigration Review (EOIR) handles the procedure for foreign nationals. Removal hearings are held to decide whether certain people can be removed from the country. The Department of Homeland Security initiates this process with a Notice to Appear before an Immigration Judge.

Immigration laws are complex, and it is crucial to work with an experienced attorney who keeps up with the changes in these laws. If you are trying to start a new life in Florida or help an employee or a family member come here, you should call the Gainza Law Group. We provide dedicated legal representation to clients in Broward, Miami-Dade, and Palm Beach Counties, as well as elsewhere in the state. For example, we represent clients in the areas around Pompano Beach, Miami, Hialeah, West Palm Beach, Coral Springs, Hollywood, Lauderhill, Miramar, Pembroke Pines, Plantation, Sunrise, Miami Beach, Miami Gardens, Boca Raton, Boynton Beach, Delray Beach, Palm Beach Gardens, Cape Coral, Tampa, Clearwater, St. Petersburg, Tallahassee, Orlando, Jacksonville, and Daytona Beach. Call us at (954) 463-1210 or complete our online form. We also assist accident victims in personal injury cases and spouses going through a divorce.