Labor Attorney

Miami Immigration Law Issues

Written on August 15, 2010 by admin

Filed Under: Labor Law

The American Immigration law is one of the most complex laws to understand and it is linked to several issues related to family, work, marriage, investment, defense and citizenship. These issues can be well understood and solved by only experienced Miami Immigration lawyers.

Family Issues:

The citizens of USA can assist and help their relatives in petitioning for American citizenship and help them in achieving a permanent residence status in the States. There are several criteria that have to be met to execute the process

- A permanent American resident or a green card holder must be a relative of the foreign national.

- The relative’s income must be 125% above the line of poverty for the entire family. If this condition is not met, he/she can act as a joint sponsor and can take the help of another relative who meets the criteria.

- The applicant must be related to the US citizen in any of the following manner

· child under 21 years of age

· unmarried daughter or son under 21 years of age

· married son or daughter of any age

· spouse

· sibling

· parent

- If the sponsoring relative is a permanent resident of the states, then the applicant must be either a spouse or a son/daughter.

Business and work Related:

All the business issues are directly linked to Visa’s. According to the requirement and situation, the US government issues the corresponding VISA. The types of Visa’s include B1 visas for temporary business visitors, H1b visas for professionals, H2b visas for non agricultural labor, L visas for company transfers within, O visas for extra ordinary persons, P visas for artists and entertainers, R visas for religious labor and TN visas.

Marriage issues:

The spouses of American citizens can reside in the States lawfully by attaining k-3 visas. Certain criteria are to be met in order to attain it. The spouse who is petitioning must be a citizen of USA and the marriage must be legally approved. These k-4 visas are also available for unmarried children under 18 years or age

There is one more visa referred to as “k-1 visa” or “Fiancé visa” that can permit citizens of America to get their fiancés into the USA for marriage. The foreign fiancé can also work in the sates if a k-1 visa is granted. For unmarried children under 21 years of age, k-2 visas are available.

Investment issues:

Two types of investor visas are associated with the immigration law. They are

E-1 Visas:

If the applicant is willing to make a substantial trade between his/her country of residence and the USA, he/she will be issued an E-1 Visa by the states.

E-2 Visas:

This is issued if the applicant is into directing and developing process of a business. The requirement of the visa is that the country of residence of the applicant must be a part of the treaty of commerce of the USA.

EB-5 petitions:

It’s a new concept associated with investment. The intention of the US government is to attract foreign capital so that more jobs can be created and economy can be improved. This is the reason behind the introduction of EB-5 petitions.

Asylum:

Asylum is granted to those who are into a well established prosecution fear if they returned to their country of residence based on several factors like race, religion, opinion or a membership in a social group. It is granted to people who are in the US or those who are in the just arriving phase. This can be accomplished by filling and submitting the asylum application form.

Criminal issues:

This is one issue that is of primary concern associated with immigration law. There are a number of reasons that can lead to a removal or deportation that include immigration violations,, visa expiration, immigration fraud, criminal convictions and employment violations.

These are the various issues associated with the complex Miami immigration law which can be handled by an expert immigration lawyer.

 

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