FAQs
The attorneys and legal staff at Paul D. Goldstein, PA want you to be informed about your immigration status and what you can do about it. Below are some frequently asked questions regarding immigration and nationality law.
- What is the Miami Immigration Court's mailing address and telephone number?
- What documents should I bring to my hearing?
- If I am located outside of Florida, will your firm still help me?
- I have no immigration papers. If ICE finds me, can they deport me right away?
- Who can petition for a family member to come to the United States?
- For which family members may a United States citizen petition?
- For which family member may a lawful permanent resident petition?
- What is an immediate relative petition?
- What is a preference petition?
- How do I bring my fiancé to the United States; or if I am married, how can I bring my spouse to the US?
- How does one become a citizen of the United States?
- What do I need to apply for naturalization?
- What happens if I am arrested for committing a crime?
- What is the Employment Permanent Residence Process?
What is the Miami Immigration Court's mailing address and telephone number?
The Miami Immigration Court’s address and telephone number is:
Immigration Court
Executive Office for Immigration Review
One River View Square
333 South Miami Avenue
Suite 700
Miami, Florida 33130
Telephone: (305) 789-4221
What documents should I bring to my hearing?
- The notice to appear
- The notice of hearing (if available)
- Copies of your family’s notice to appear
- Any papers which would be beneficial in your case
- Copies of these papers
If I am located outside of Florida, will your firm still help me?
Absolutely. Since immigration law is federal law, we regularly take cases from clients throughout the United States and around the world.
I have no immigration papers. If ICE finds me, can they deport me right away?
Generally, if you have never been caught by ICE or USCIS before, they cannot deport you right away. Currently, ICE can start a case in Immigration Court against anyone they catch in the US without valid immigration papers, if this person has never had a case against her/him in Immigration Court. This kind of case is called removal proceedings because ICE is saying that they have the right to “remove” (deport) this person from the US. The person in removal proceedings will have a hearing in Immigration Court in front of an immigration judge. At the hearing, the person will have a chance to try to prove that she/he should not be deported. They can also apply for an immigration benefit that would allow them to stay in the US. These benefits vary greatly according to individual eligibility. Under most circumstances, ICE cannot send a person to her/his home country without the person having a hearing in front of an immigration judge first, unless they have already received a deportation order or been deported in the past.
Who can petition for a family member to come to the United States?
US citizens and lawful permanent residents may petition for certain family members to become lawful permanent residents.
For which family members may a United States citizen petition?
US citizens may petition for their “immediate relatives,” which includes spouses, unmarried minor (under 21) children, and parents. For these family members there is no wait to get lawful permanent residence. As soon as the petition for the family member is approved by USCIS, the immigrant family member can apply for lawful permanent residence.
US citizens may also petition for unmarried adult (21 and older) children, married sons and daughters, and siblings. These family members must wait to be able to apply for lawful permanent residence. Only a certain number of these family members every year will be given lawful permanent residence. Everyone else joins a waiting list.
For which family member may a lawful permanent resident petition?
Lawful permanent residents may petition for their spouses and unmarried children of any age. These family members are not immediate relatives and must wait to be able to apply for lawful permanent residence. Everyone else joins a waiting list.
What is an immediate relative petition?
Immediate relatives are the spouses, unmarried children under 21 years old and parents of US citizens. In applying for a parent the US citizen must be a son or daughter at least 21 years old. An immigrant for whom a family member files an immediate relative petition will be given a visa number (if s/he is outside the US) or allowed to apply to adjust her status to permanent resident (if s/he is already inside the US) as soon as the petition is approved.
This means that the person who benefits from this petition does not have to wait for a visa number to become available. Married children, unmarried adult children, and siblings of US citizens will be in the preference categories and will have to wait in line for a visa number.
What is a preference petition?
A preference petition is filed by a US citizen for:
- Unmarried son or daughter over 21 years old
- Married sons and daughters of any age
- Brothers and Sisters of US citizens
A lawful US resident can file a petition for:
- Spouse
- Unmarried child
People who benefit from preference petitions must wait until there is a current visa number ready for them. This differs from immediate relative petitions, where the person who benefits from the petition is eligible right away to apply for permanent residence.
This is because there are a limited number of people who are allowed to enter the US each year through the preference petition system. The length of time that a person must wait depends on which preference category s/he fits into and the applicant’s country of nationality. For information on the wait list by category, consult the State Department’s Visa Bulletin.
How do I bring my fiancé to the United States; or if I am married, how can I bring my spouse to the US?
The K1 Visa is designed to allow fiancés of US citizens to enter the US for a 90-day period. Once the K1 Visa is obtained, the visa holder has 6 months to enter the US before expiration of the visa. If a K1 Visa holder marries the US Citizen Sponsor within the 90 days, then the visa holder may apply for a Green Card and obtain a work visa.
K1 Visa requirements:
- United States Citizen Sponsor
- K1 Visa applicant and US Citizen Sponsor must be unmarried—all prior marriages must be lawfully terminated
- K1 Visa applicant and US Citizen Sponsor must have met in person in last 2 years, unless meeting would create and extreme hardship
- K1 Visa holder’s unmarried children under 21 may apply for K2 visas
Obtaining K1 Visas and ultimately a Green Card requires appropriate counsel to avoid the numerous potential pitfalls created by the detailed rules, regulations and restrictions surrounding this type of visa.
K3 Visa and K4 Visas
The K3 visa was designed to permit the spouse of a US citizen to enter and remain in the US while their Green Card application is pending and ultimately approved. K3 Visa holders may obtain work permits while in the US. Unmarried minor children of K3 Visa holders may apply for a K4 Visa and enter with or after the K3 Visa holder.
K3 Visa requirements
- Valid marriage to a US citizen
- A US citizen sponsors the K3 Visa applicant
- An approved visa petition in the US
- Application for the K3 Visa at the US Consulate
Obtaining a K1 or K3 Visa can sometimes be a long and difficult process. Before applying for a K1 or K3 Visa, contact Paul D. Goldstein, PA for a consultation to discuss your immigration plans.
How does one become a citizen of the United States?
- Any person born in one of the 50 states, Guam, Puerto Rico, or the US Virgin Islands is a citizen at birth, regardless of parents’ immigration status.
- A person born in another country to two US citizens is also a citizen at birth.
- A person born in another country to one US citizen and one non-citizen may or may not be a US citizen—this is a complicated area of immigration law, and anyone who meets this description should meet with an experienced immigration attorney to find out their citizenship status.
- Lawful permanent residents may also apply to become citizens after a certain number of years. The process of moving from lawful permanent resident to citizen is called Naturalization.
- Lawful permanent residents who gained their status through marriage to a US citizen may apply for naturalization 3 years after being granted lawful permanent residence. All other permanent residents (exceptions include those in military service and some VAWA beneficiaries) may apply for naturalization 5 years after being granted lawful permanent residence.
What do I need to apply for naturalization?
To apply for naturalization, you must:
- Be over 18 years old
- Have had permanent resident status—Green Card—for at least 5 years (exceptions apply)
- Have been physically present in the US for at least 2 ½ of the 5 years immediately before you apply for naturalization.
- You must also have lived in the state where you file the application for 3 months before filing
- Be functionally fluent in spoken and written English
- Be able to pass a basic US history and government test
- Be a person of good moral character
- Take an oath of allegiance to the United States
Some people can get their citizenship without meeting all of the above requirements, such as certain children or people on active duty with the US military during wartime. Some non-citizen children may become US citizens automatically if one or both parents naturalize before the children turn 18.
What happens if I am arrested for committing a crime?
If you are a permanent resident you may be subject to removal proceedings depending upon the criminal charge. The Immigration and Nationality Act allows for waivers for certain crimes. You can call or email the office for a consultation for further questions as to the immigration consequences of your arrest/or conviction.
What is the Employment Permanent Residence Process?
Most individuals seeking lawful permanent residence—Green Card—in the United States through employment must first be the beneficiary of their employer’s or prospective employer’s Labor Certification Application to the U.S. Department of Labor (DOL). Today, the DOL utilizes an electronic attestation-based Labor Certification system called the Program Electronic Review Management System (PERM).
A PERM Labor Certification Application is submitted electronically by one’s employer or prospective employer to attest that the employer has been unable to recruit an able, willing, and qualified U.S. worker (US Citizen or Lawful Permanent Resident) for the position, skill level, and geographic area for which the employer is seeking permanent resident status on a foreign employee’s behalf. To establish that a U.S. worker is not available, the employer must follow a highly specific set of government-regulated recruitment efforts. These recruitment efforts must clearly indicate that the hiring of a foreign worker through a PERM Labor Certification Application will not have an adverse affect on:
- Wages and working conditions of U.S. workers (SWA wage determination)
- Specific recruitment and advertising for the posted position
- Education, experience, training and other requirements for the position and the
- Prospective foreign worker (PERM Application beneficiary) must be able to demonstrate that he or she has all of the stated requirements for the position for the PERM Application to be successful
The employer must comply with the specific time periods and details in the recruitment process and submission of the PERM Labor Certification Application.
