July 2023 - Casais & Prias Law

Do You Need A Miami Citizenship Attorney For Your USCIS Interview?

Posted on July 28, 2023November 20, 2024 by bwisotsky@gmail.com

When seeking naturalization in the United States, one step of the process is your USCIS interview. Here is why having your Miami citizenship attorney with you is in your best interest.

The U.S. Citizenship and Immigration Service (USCIS) has established a ten-step process for naturalization. Once your preliminary application has been processed, the next step is interviewing with a USCIS officer. You will be asked questions about your application and background during this interview. You are not required to have a lawyer present, but we highly recommend you do. Your Miami citizenship attorney cannot answer any questions for you, but they can step in to assist you if needed.

Here are a few more benefits of having a legal representative with you during your USCIS interview.

Safeguard Against Undue Scrutiny Or Excessive Vetting

USCIS interviews are intended to gather comprehensive and accurate information to evaluate your claim. These interviews are not meant to be confrontational or to seek reasons for denial, but rather to ensure the proper assessment of eligibility for immigration benefits and to prevent fraud or potential harm to the community.

Having an attorney present during the USCIS interview promotes professionalism, courtesy, and a focus on relevant matters for the USCIS officer.

Clarify Unclear Questions

It is important that the interviewee understand the questions so that they can formulate accurate responses. Standard questions during a USCIS interview include:

Eligibility for benefits
Marital history
Method of Entry into the United States
Admissibility to the United States (such as any arrests, charges, convictions, or misrepresentations to immigration officials)
Educational background
Past and present employment (including documentation used for job acquisition in the United States)

If a line of questioning is unclear to the interviewee, your Miami citizenship attorney can ask the USCIS official to clarify or rephrase the question.

Prevent Delays And Complications

Having an attorney by your side can help you gather the necessary documentation to bring for the interview, taking into account the specific instructions provided in the interview notice and the unique circumstances of your case.

Your attorney is prepared to assess what might happen during the interview, and can help you figure out what to do next. With their experience and insight, having an attorney present at your interview ensures you are adequately prepared and equipped to navigate the process confidently and clearly.

Act As Your Advocate

Your attorney cannot answer questions for you during your interview, but they can advise you on legal issues or raise objections if necessary. If an interview becomes hostile or aggressive, an attorney can step in and ask to speak to a supervisor.

Without an attorney in the room, it can be your word against the USCIS official. In cases where the USCIS enters a Notice of Intent to Deny based on discrepancies in the interview, your attorney can provide a credible explanation regarding the statements made during the interview and how it was conducted. Third-party validation can strengthen your claim and increase your chances of a favorable outcome.

Give Your Claim Credibility

Professional responsibility rules bind attorneys and they cannot knowingly present false information or documents or engage in fraudulent practices. Therefore, having a Miami citizenship attorney with you at your USCIS interview adds credibility to your claim. Many USCIS officers encourage you to bring an attorney as it makes the process run more smoothly.

Conclusion: Bring Your Miami Citizenship Attorney To Your Interview

There is no downside to having legal representation at your USCIS interview. Not only can your lawyer help you understand the process, but they can also help you understand the questions being asked and smooth over any rough patches during the interview. Contact our immigration attorneys at Casais & Prias to learn how we can help you and your family through the naturalization process.

Preparing Your Case: The Crucial Role Of An Asylum Attorney

Posted on July 19, 2023November 20, 2024 by bwisotsky@gmail.com

Seeking asylum in the United States is an option for individuals from foreign countries in specific situations. To navigate the asylum process more efficiently, enlisting the assistance of an experienced asylum attorney can be beneficial.

Here, managing partner Rolando Casais, Jr. explains the asylum process.

According to the United States Citizenship and Immigration Services (USCIS), individuals may seek asylum in the U.S. if they are being persecuted based on race, religion, nationality, sexual orientation, or gender identity. While the asylum process before the COVID-19 Title 42 policy was relatively simple, today’s process is more complicated.

Asylum Procedures: Then And Now

Under the asylum procedures in place since 1980, an asylum seeker was required to approach an asylum officer at a border or point of entry and plead credible fear of persecution in their home country. Post-Title 42 asylum procedures have more requirements for those seeking asylum.

CBP One

Customs and Border Control (CBP) introduced the CBP One smartphone app in October 2020. The app was designed to address the backlog of asylum seekers by allowing them to make an appointment with the CBP online. Technical glitches, communication issues, and security concerns have plagued the app for years, drawing criticism from civil rights groups as well as the U.S. government.

Transit Ban

The transit ban implemented in May 2023 at the end of Title 42 requires asylum seekers to first seek asylum in the country or countries they traveled through to get to the United States. Immigrants must prove that they first sought asylum in those countries and were denied prior to seeking asylum in the U.S.

The Benefits Of Hiring An Asylum Attorney

Asylum seekers can become overwhelmed by the length and complexity of the asylum process. Add a potential language barrier and travel exhaustion, and the process of gaining asylum can be daunting. Our team of immigration attorneys at Casais & Prias can guide asylum seekers through the process, taking the stress out of the situation.

Asylum Attorneys Are Well-Versed In The Latest Immigration Laws And Regulations

As immigration attorneys in Miami, we have many years of experience with all types of immigration cases. Our team of asylum attorneys is constantly researching the latest policies and regulations set forth by the USCIS. Having this knowledge will help an asylum seeker navigate the system efficiently.

Asylum Attorneys Can Help Gather Evidence And Prepare Supporting Documents

Submitting the proper documents as part of the asylum application is crucial to the success of an asylum case. Our team can help prepare documents and gather any evidence needed to support a claim of persecution in the individual’s home country.

Asylum Attorneys Can Represent And Advocate Throughout The Process

An advocate can provide invaluable support and reassurance to an asylum seeker, offering guidance every step of the way. Their knowledge and experience can alleviate anxiety and ensure asylum seekers feel empowered throughout this complex and often daunting process.

Let Casais & Prias Advocate For You

Managing partner Rolando Casias, Jr. was recently elected Vice Chair of the American Immigration Lawyers Association (AILA) Budget and By-Laws Committee. His knowledge and experience in the area of immigration are unparalleled, making him a trusted and reliable advocate for individuals seeking asylum. With his prestigious role in the AILA, you can rest assured that you are receiving top-tier legal representation from a recognized leader in the field.

If you or a loved one is seeking asylum in the United States, we can help you navigate the asylum process with confidence and peace of mind. Contact us to schedule a consultation.

Navigating Family Immigration: How Our Hialeah Immigration Attorney Can Help

Posted on July 5, 2023November 20, 2024 by bwisotsky@gmail.com

The rules for family reunification are changing. If you are a non-citizen family member or a U.S. citizen trying to gain Green Card status for a foreign family member, our Hialeah immigration attorney can help you navigate the process.

New family reunification parole procedures were recently introduced by the U.S. Department of Homeland Security (DHS) for eligible individuals from Honduras, Guatemala, El Salvador, and Columbia. Updates to the family reunification parole process for citizens of Cuba and Haiti are also part of these procedures.

Eligibility Requirements And Process Updates

Eligibility

To be eligible for family reunification under the new procedures, individuals must be the primary beneficiaries of an approved Petition for Alien Relative (Form I-130) as well as their qualifying immediate family members.

Invitations

The new process will roll out through invitations sent by DHS to individuals whose I-130 forms have already been approved. Once an individual receives an invitation, they can submit an Online Request to be a Supporter and Declaration of Financial Support (Form I-134A).

Once this form is confirmed, the next steps include DHS security vetting for the principal beneficiary and their immediate family members. Travel authorization may be granted, where the principal beneficiary and their family members may seek parole at a U.S. port of entry.

DHS began sending out invitations in June of 2023.

Next Steps

If parole is approved, these individuals can remain in the United States while waiting for their immigrant visa. Subsequently, they can apply for Green Card status and, eventually, may seek employment authorization.

Frequently Asked Questions

Whenever the government changes how they handle immigration procedures, our office receives many questions. Our Hialeah immigration attorney is happy to answer your questions and provide the best legal counsel available. Here are the most common inquiries regarding the new family immigration policies.

Which Family Members Of The Principal Beneficiary Can Apply For Family Reunification?

This program only applies to spouses and unmarried children under the age of 21 of the primary beneficiary. Eligibility for family reunification is narrower than eligibility for Green Card status because a Green Card application is directly tied to an individual’s relationship with a U.S. citizen. Individuals can apply for Green Card status if they are:

An immediate relative of a U.S. citizen
Another relative of a U.S. citizen according to family-based categories
Fiance(e) of a U.S. citizen or the fiance(e)’s child
Widow(er) of a U.S. citizen
And others

Are Invitations Guaranteed for All Petitioners Who Have Qualifying Relatives Residing Outside The United States?

No. Invitations will only be sent for petitions currently with the Department of State’s National Visa Center, under the condition that a visa has yet to be issued to the beneficiary but is anticipated to become available soon.

How Can You Prepare For The Family Reunification Parole Processes?

Before receiving your invitation, you can ensure that the State Department’s National Visa Center has your correct contact information. You can use the Public Inquiry For The National Visa Center form if your data needs to be updated. Having the correct contact information in the system will help expedite the process and ensure that any communication gets to you efficiently.

Our Hialeah Immigration Attorney Can Help

It is our mission at Casais & Prias to stay up-to-date and well-informed about changing laws and policies regarding immigration. Family reunification procedures can be complex, so having a skilled immigration attorney working with you can help. Contact us today to discuss your case.