Immigration Lawyer Miami: Immigration Law Offices

What is a visa?
A visa is a photo i.d. issued outside the U.S. which allows you to enter the U.S. on a temporary or permanent basis. The two main types of visas are immigrant (permanent residency) visas (also known as green cards), which let you live and work indefinitely inside the U.S., and non-immigrant visas, which allow you to live and/or work in the U.S. on a temporary basis. If you apply inside the U.S. you can receive a non-immigrant status but not a visa. Only a visa gives to the right to enter the U.S. As an example, if you decided to travel outside the U.S. with a valid status you would have to reapply for a visa in order to re-enter.

What is the difference between an immigrant and a nonimmigrant visa?
An immigrant visa grants the privilege of living and working permanently in the United States. A nonimmigrant visa is issued to persons with permanent residence outside the U.S. but who wish to be in the U.S. on a temporary basis, for example, tourism, medical treatment, business, temporary work, or study.

How can I obtain a US visa?
There are a variety of ways to obtain a visa, but the most common are through a U.S.-based employer sponsor or a family member who is a U.S. citizen. Most work visas require you to have a firm job offer with a U.S. company before applying. If you are a highly-skilled professional, it may be easier for you to find work in the U.S. than if you are an unskilled worker. If you are being persecuted in your home country it may be possible to obtain refugee or temporary protected status. Read about the various visa categories to see which visa may suit your situation and check our career links page to find online U.S. job resources.

How long will it take to obtain my visa?
The visa application process varies widely among different types and categories. Some types of non-immigrant visas, like J-1 exchange visitor visas, can be applied for and issued in one day, while others, like H-1B visas and L-1 visas may take several months to process. Many immigrant visas, on the other hand, carry quotas which may cause the processing of your application to be delayed for years at a time. For example, some types of green card applications from the Phillippines are backlogged ten years or more. For more info, view the "Priority Date" charts.

NOTE: To see latest visa processing times for your case, visit the USCIS website here.

If I apply for a new job in the U.S. while possessing a current H-1B visa, must I also apply for a new visa?
At present, the holder of a current H-1B work visa who changes jobs or employment must obtain a new or amended H-1B visa before starting work with a new job or employer. Since it can take at least 3-4 months to complete this process, there is mounting pressure by employee advocacy groups and tech industry groups to alleviate this restriction. See the Visa Updates section for ongoing developments in this area.

Where can I apply for a visa?
You may apply for a visa either at a U.S. embassy or consulate in your home country, or in rare cases, at the U.S. embassy in a third country where your home country lacks diplomatic relations within the U.S.

If you are already within the U.S. you may apply for immigrant or nonimmigrant visas at the regional USCIS office nearest you or your employer but must travel outside the U.S. to actually receive your visa. If you do not intend to travel outside the U.S. during the duration of your visa, you may apply for a green card or nonimmigrant status without leaving the U.S. but a visa will not be issued to you.

How much does a visa cost?
Visas can range widely in price depending on the particular visa. Please contact Immigralaw.com for more information. Also, visa costs change from time to time. For a current list of fees, visit the "Filing Fees" section of the USCIS Web site.

Do I need a work permit to work in the U.S.?
U.S. employers must check to make sure all employees, regardless of citizenship or national origin, are allowed to work in the United States. If you are not a citizen or a lawful permanent resident (immigrant), you may need to apply for a work permit, formally called an "Employment Authorization Document" (EAD), to prove you may work in the United States.

Where should I apply for a visa extension?
Visa extensions are best handled in the U.S. since visa stamps can be extended within U.S. borders.

Extensions vary according to the type of visa:

H-1B visas may be extended up to 3 years
B-1, B-2 visitor/student visas may be extended up to 6 months at a time
E-1, E-2 treaty trader and investor visas may be extended up to 5 years at a time
Visa Waivers may not be extended

I'm traveling to another country. Where do I get my visa?
From the embassy or consulate of the country you are planning to visit.

I moved. How do I give the National Visa Center my new address?
Write to The National Visa Center, 32 Rochester Avenue, Portsmouth NH 03801-2909, or fax your new address to 603-334-0759. Be sure to include your case number or your USCIS receipt number.

Permanent Residency

How can I become a legal permanent resident or green card holder?
To become a legal permanent resident (or green card holder), you must first be admitted as an immigrant. The most common methods for obtaining an immigrant visa are: 1) through family relationship with a U.S. citizen or legal permanent resident, or 2) through employment.

What rights does a green card bestow?
A "green card", also known as an "alien registration receipt card" and as Form I-551 or its older version Form I-151, gives you the right to live and work legally in the U.S. and to travel freely outside the U.S. as long as you make the U.S. your permanent home, do not commit any deportable crimes, and report all income to the U.S. government.

When do green cards expire?
All green cards carry an expiration date after ten years of issue, after which they must be renewed, or you may apply to become a U.S. citizen.

Can I apply for a green card inside the U.S. if I have a valid nonimmigrant visa?
Nonimmigrant visas are issued only after you can show that you do not intend to stay within the U.S. beyond your approved length of stay. If you apply for a green card or permanent residency status while possessing a nonimmigrant visa, your visa may be taken away from you unless you can show that you did not intend to do so when you applied for your temporary visa.
Exceptions to this rule include: If you possess a nonimmigrant employment visa and you apply for a green card, you must use another employer to petition for you.

What documents are required for the immigrant visa interview?
Basic requirements include: a passport, three photographs, birth and police certificates, marriage, divorce, or death certificates, proof of financial support, and medical examination. You may also bring supporting information. For details on your specific situation, see your nearest U.S. Consulate or Embassy.

What is the waiting time for an immigrant visa after the National Visa Center or the Foreign Service post receives the approved petition?
Several factors influence how long the process may take. Immigrant visa numbers are made immediately available for immediate relatives of U.S. citizens, so processing will begin upon receipt. However, preference visas (see The Preference System) are limited in number, and processing will not begin until the priority date on the petition is available. Long waits may occur for preference visas because each year more people apply for them than can be satisfied under the annual limit. Certain categories, such as the family fourth preference, are heavily oversubscribed.

What should I do if my visa petition is denied?
If the visa petition you filed is denied, the denial letter will tell you how to appeal.

What is a priority date?
The priority date, in the case of a relative immigrant visa petition, is the date the petition was filed. In the case of an employer-sponsored petition, the priority date is the date the labor certification was filed with the Department of Labor. The State Department Visa Bulletin is a monthly publication that gives the changes in availability of priority dates. (See question below for more information.) Visa Services also has a twenty-four hour recording that gives the monthly priority dates. Dial (202) 663-1541.

How can I get the Visa Bulletin?
The Visa Bulletin is posted each month on our website, as well as on the US State Department's website. You may receive the Visa Bulletin by mail by contacting the US State Department by phone, by email, by fax or by regular mail. Click here for State Department contact info.

How long is an immigrant visa valid? What if I must delay my arrival in the U.S.?
The consul may issue an immigrant visa with a maximum validity of six months. If you must delay travel to the U.S. beyond six months, you should contact the U.S. consulate and arrange to have the interview scheduled closer to your possible departure. If an immigrant visa has already been issued and circumstances force you to remain abroad longer, you should contact the U.S. consulate and request an extension of your immigrant visa's validity. If the validity of your immigrant visa expires, a new one may be issued upon payment of the application and issuance fees (U.S. $260).

I lost my "green card." What should I do?
If you are inside the U.S., file Form I-90 with your local USCIS office. Detailed instructions are on the form. If you are outside the U.S., contact your nearest U.S. Consulate, USCIS office, or port of entry.

How Long Can I Remain Outside the U.S. without Losing My Immigrant Status?
If you are a lawful permanent resident (or conditional permanent resident) and will be outside of the U.S. for more than a year, you will need to make special preparations for your re-entry, before you leave the U.S. See Returning Resident Aliens. If you have applied to adjust to permanent resident status, you should be careful of any trip outside the U.S. - see Have a Pending Immigration Application? Beware of Foreign Travel.

Petitioning for Relatives FAQ

When I filed a petition for my relative I was a legal permanent resident (green card holder). I recently became a U.S. citizen. How can I upgrade the petition?
Make a copy of your Naturalization Certificate. Send the copy - NOT the original - to the National Visa Center, 32 Rochester Avenue, Portsmouth NH 03801-2909, with a letter containing the beneficiary name and case number of the petition you want to upgrade. The National Visa Center will send the beneficiary any additional forms and information that may be required.

I have been waiting for a very long time for my relative to get an immigrant visa. Now there is a family emergency and I need my relative to immigrate soon to the U.S. Can the National Visa Center help me?
Unfortunately, if your relative's case is not current, there is nothing that the National Visa Center can do to expedite visa processing. Immigrant visa processing is governed strictly by law, which controls visa categories, priority dates and the availability of visa numbers. Immigrant visa numbers are made available only in the order of priority dates. There is no provision within the law that would allow the National Visa Center to waive these requirements in any individual case.

Will my fiancee visa automatically change to a permanent resident card (green card)? No. After the marriage takes place, your U.S. citizen spouse must contact U.S. Citizenship and Immigration Services to change your status to legal permanent resident. This information is given to you when you enter the U.S.

Citizenship FAQ

How do I become a U.S. citizen?
A person may become a U.S. citizen (1) by birth or (2) through naturalization. Naturalization is the way immigrants become citizens of the United States. In most cases, you must be an immigrant (permanent resident) with continuous residence in the U.S. for a number of years before you may apply for naturalization. For more information, see Naturalization or The Immigration Process. If you were born in the United States (including, in most cases, Puerto Rico, Guam, and the U.S. Virgin Islands), you are a U.S. citizen at birth (unless you were born to a foreign diplomat). Your birth certificate is proof of your citizenship. If you were born abroad to a U.S. citizen parent, you may also be a citizen at birth.

If I become a dual citizen will it affect my U.S.citizenship?
A person who is automatically granted another citizenship does not risk losing U.S. citizenship. However, a person who acquires a foreign citizenship by applying for it may lose U.S. citizenship. In order to lose U.S. citizenship, the law requires that the person must apply for the foreign citizenship voluntarily, by free choice, and with the intention to give up U.S. citizenship. The U.S. Government does not encourage dual nationality because of the problems it may cause. Claims of other countries upon dual-national U.S. citizens can place them in situations where their obligations to one country are in conflict with the laws of the other. In addition, their dual nationality may hamper U.S. efforts to provide protection to its citizens when they are abroad, especially in the country of their other nationality. For more information, see Dual Nationality, or the Citizenship and Nationality area of the State Department's website for American citizens abroad. For advice on your specific situation, call the Office of Overseas Citizens Services at 202-647-5226.

About Our Services

Why should I hire an immigration lawyer?
Because of the complexity of immigration law it is often difficult for laypersons to determine which visa might be best for their particular situation. For example, one type of family preference visa might be faster to obtain but might prevent you from bringing relatives into the U.S. A lawyer can actually save you time and money by looking at your needs and ensuring the visa you apply for is right for your situation. An attorney can also make sure your application is as complete and thorough as possible. Incomplete applications may result in untimely delays or even a rejection of your application.

How does this site work?
Each type of visa described on this site is linked to its own contact form. After you answer all the questions and submit the form online, we will review your information and will contact you by email to explain the options that may be available to you. At that point, you will have the option of arranging a telephone consultation to discuss your case. Your first consultation is free.

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