Author: bwisotsky@gmail.com

LGBTQ+ Immigration: Legal Protections and Challenges

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Immigration can be a complex and daunting process for many individuals, and for members of the LGBTQ+ community, the challenges can be even greater. The intersection of immigration law and LGBTQ+ rights presents unique legal considerations, from asylum claims to family-based petitions and protections against discrimination. Understanding the available legal pathways and obstacles is essential for those seeking to navigate the U.S. immigration system.

Asylum for LGBTQ+ Individuals

One of the most critical protections available to LGBTQ+ immigrants in the United States is the right to seek asylum. The U.S. recognizes persecution based on sexual orientation or gender identity as valid grounds for asylum. LGBTQ+ individuals who fear persecution in their home countries may qualify for protection if they can demonstrate that they have suffered past persecution or have a well-founded fear of future persecution due to their identity.

To establish eligibility for asylum, applicants must prove that the persecution they face is due to their membership in a particular social group—such as the LGBTQ+ community—and that their home government is unable or unwilling to protect them. Many countries still criminalize same-sex relationships or fail to protect LGBTQ+ individuals from violence, making asylum a vital option for many.

Family-Based Immigration for LGBTQ+ Couples

The landmark Supreme Court decision in United States v. Windsor (2013) and the subsequent nationwide legalization of same-sex marriage in Obergefell v. Hodges (2015) significantly expanded immigration rights for LGBTQ+ couples. Same-sex spouses of U.S. citizens and lawful permanent residents are now eligible to apply for family-based immigration benefits, just as opposite-sex couples are. This includes spousal visas, green cards, and fiancé(e) visas.

Additionally, LGBTQ+ couples may adopt children together, and immigration benefits extend to children in these families. However, proving a bona fide marriage in immigration cases remains essential, and same-sex couples may face additional scrutiny in having their immigration petitions approved.

Challenges Facing LGBTQ+ Immigrants

Despite legal advancements, LGBTQ+ immigrants still encounter significant obstacles, including:

  • Discrimination and Bias: Some immigration officials or adjudicators may harbor biases, making the process more difficult.
  • Lack of Legal Recognition in Home Countries: LGBTQ+ individuals from countries where same-sex relationships are not legally recognized may struggle to provide necessary documentation for their petitions.
  • Detention and Mistreatment: LGBTQ+ immigrants in detention facilities are at higher risk of abuse, harassment, and inadequate medical care, particularly transgender individuals.
  • Proving Persecution for Asylum: Demonstrating past persecution or future fear of persecution can be challenging, particularly for individuals from countries where LGBTQ+ identities are criminalized but not systematically persecuted.

Special Protections for Transgender Immigrants

Transgender individuals face additional legal and social challenges when seeking immigration relief. The U.S. recognizes gender identity as a basis for asylum claims, and transgender immigrants can update their gender markers on immigration documents. However, navigating these legal processes requires knowledge of specific guidelines and potential delays in processing.

Seeking Legal Assistance

Given the complexities of LGBTQ+ immigration cases, seeking legal representation is highly recommended. Experienced immigration attorneys can assist with asylum applications, family petitions, visa applications, and legal documentation to ensure LGBTQ+ immigrants receive the protections and benefits they are entitled to.

Conclusion

LGBTQ+ immigrants face unique legal challenges, but significant protections exist to support them in their journey toward safety and stability in the United States. Whether through asylum, family-based immigration, or advocacy against discrimination, the legal landscape continues to evolve to recognize and affirm LGBTQ+ rights. Those navigating these processes should seek professional legal guidance to ensure the best possible outcome for their case.

What Can You Expect During a Divorce Settlement in Miami?

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Divorce is a complex and often emotionally charged process, and understanding what to expect can help you navigate the proceedings with greater confidence. In Miami, divorce settlements involve legal considerations, financial decisions, and custody arrangements if children are involved. This article provides an overview of the divorce settlement process, key factors that impact settlements, and answers to common questions about divorce in Miami.

Understanding the Divorce Settlement Process

The divorce settlement process in Miami begins with one spouse filing a petition for dissolution of marriage with the court. The other spouse is then formally notified and given time to respond. Following this, both parties must provide full financial disclosure, detailing their income, assets, debts, and expenses.

Negotiation and mediation play a critical role in resolving disputes over property division, alimony, child custody, and support. Many couples attempt to reach an agreement through these methods before proceeding to court. If agreements cannot be reached, the case may go to trial, where a judge will make the final decisions on contested issues. Once all matters are settled, the court issues a final judgment of dissolution of marriage, officially ending the marriage.

Key Factors That Impact Divorce Settlements

Several factors influence the outcome of a divorce settlement in Miami. Florida follows equitable distribution laws, meaning assets and debts are divided fairly, though not necessarily equally. Courts consider factors such as the length of the marriage, financial resources, and earning capacity when awarding spousal support.

For cases involving children, custody arrangements are determined based on the child’s best interests, with child support calculated according to state guidelines. Additionally, the distinction between marital and non-marital assets is important, as only marital property is subject to division, while assets owned before the marriage typically remain separate.

Common Challenges in Divorce Settlements

Disagreements over asset division or parenting plans can lead to high-conflict disputes, prolonging the settlement process. Some spouses may attempt to hide assets, requiring forensic investigation to uncover undisclosed financial resources. Financial hardship is another common challenge, as divorce often impacts both parties’ financial stability. Custody disputes can also be difficult to resolve, leading to prolonged court battles over parental rights.

FAQs About Divorce Settlements in Miami

How long does a divorce settlement take in Miami?

Uncontested divorces may be finalized in a few months, while contested cases can take a year or more, depending on the complexity of disputes.

 

Do I have to go to court for my divorce?

If you and your spouse reach an agreement, court appearances may be minimal. However, contested cases require hearings and judicial intervention.

 

How is child custody determined?

The court evaluates factors such as parental involvement, stability, and the child’s best interests when deciding custody arrangements.

 

What is the difference between mediation and litigation?

Mediation allows spouses to negotiate an agreement with a neutral mediator, while litigation involves court proceedings and judicial rulings.

 

Will I have to pay alimony?

Alimony is determined based on factors such as income disparity, marriage duration, and financial need.

 

How is property divided in a divorce?

Florida law requires equitable distribution, meaning assets are divided fairly but not necessarily equally.

 

Can I change my divorce agreement later?

Modifications to child support or custody agreements may be possible if there are significant changes in circumstances.

 

What happens if my spouse hides assets?

The court can impose penalties, and forensic accountants may be employed to uncover hidden assets.

 

Do I need a lawyer for my divorce?

While not legally required, having legal representation ensures your rights are protected throughout the process.

 

Can my spouse and I use the same attorney?

No, one attorney cannot represent both parties due to conflicts of interest.

Final Thoughts

Understanding the divorce settlement process in Miami helps you prepare for negotiations and court proceedings. Given the financial and emotional complexities involved, seeking professional legal guidance is highly recommended. An experienced Miami divorce attorney can help protect your rights and interests, ensuring that you receive a fair settlement. If you are considering divorce, consulting with a legal professional can provide the clarity and support needed to navigate this challenging process.

Step-by-Step Support: Navigating the Naturalization Process for LGBTQ+ Immigrants

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Becoming a U.S. citizen through naturalization is a significant milestone, offering security, legal protections, and new opportunities. For LGBTQ+ immigrants, the process can present unique challenges, making legal guidance essential. Understanding the naturalization process, eligibility requirements, and potential barriers can help LGBTQ+ applicants navigate their journey successfully.

Understanding the Naturalization Process

The naturalization process begins with determining eligibility. To apply, an individual must be a lawful permanent resident (green card holder) for at least five years (or three years if married to a U.S. citizen) and meet other residency and character requirements. LGBTQ+ applicants in same-sex marriages have the same rights under U.S. immigration law as opposite-sex couples, ensuring equal access to the three-year eligibility pathway.

The next step is submitting the Application for Naturalization, along with the required documentation and fees. After submitting the application, the applicant must:

  • Complete biometrics screening for background checks.
  • Attend an interview with a U.S. Citizenship and Immigration Services (USCIS) officer.
  • Take the naturalization test, which assesses English language proficiency and U.S. civics knowledge.

If approved, the final step is attending the naturalization ceremony, where the applicant takes the Oath of Allegiance and officially becomes a U.S. citizen.

Key Considerations for LGBTQ+ Naturalization Applicants

  • Marriage and Family Considerations: Since the legalization of same-sex marriage, LGBTQ+ spouses of U.S. citizens can apply for naturalization under the three-year rule. However, applicants may need to provide additional documentation proving the legitimacy of their marriage, particularly if it was conducted in a country where same-sex unions are not recognized.
  • Name and Gender Marker Changes: Some applicants may wish to change their name or update gender markers during the naturalization process. USCIS allows name changes as part of the naturalization process, usually finalized during the oath ceremony. Gender marker changes require separate procedures but are increasingly recognized in U.S. immigration law.
  • Asylum and Refugee Considerations: LGBTQ+ individuals who obtained lawful permanent residence through asylum due to persecution in their home country may apply for naturalization after five years. Ensuring that all records align with their current identity and legal status is crucial.

Common Challenges in the Naturalization Process

  • Discrimination or Bias: While legal protections exist, LGBTQ+ applicants may still face bias during interviews or documentation review. Working with an attorney can help navigate potential issues.
  • Documentation Gaps: LGBTQ+ immigrants from countries with restrictive laws may have difficulty providing documents, such as birth certificates or marriage licenses. Alternative forms of evidence may be required.
  • Travel and Residency Requirements: Extended trips outside the U.S. can affect eligibility. LGBTQ+ applicants who have lived abroad for advocacy or personal safety reasons should review their travel history carefully.
  • English and Civics Test Preparation: Some applicants struggle with the language and civics test. 

FAQs About LGBTQ+ Naturalization

Who is eligible for naturalization?

Lawful permanent residents (green card holders) who have met residency and good moral character requirements are eligible to apply.

Can my same-sex marriage affect my naturalization application?

Same-sex marriages are recognized under U.S. immigration law. However, proving the legitimacy of the marriage may require additional documentation, especially if it originated in a country that does not recognize LGBTQ+ marriages.

Can I change my name during the naturalization process?

Yes, applicants can request a name change as part of the naturalization process, typically finalized during the oath ceremony.

How long does the naturalization process take?

Processing times vary but generally range from 8 to 14 months from the time of application to the naturalization ceremony.

What happens if I have a criminal record?

Certain criminal offenses can impact eligibility. LGBTQ+ applicants with past legal issues should consult an attorney to assess their case before applying.

Can I apply for naturalization if I obtained asylum due to LGBTQ+ persecution?

Yes. LGBTQ+ individuals granted asylum and later received a green card can apply for naturalization after five years of permanent residence.

Do I need a lawyer to apply for naturalization?

While not required, an immigration attorney can help ensure all requirements are met, provide assistance with documentation, and address any legal complexities.

Final Thoughts

For LGBTQ+ immigrants, naturalization represents a pathway to security, stability, and full participation in U.S. society. Understanding the process, addressing potential challenges, and seeking legal guidance can help ensure a smooth and successful application. Consulting with an experienced immigration attorney can provide essential support in navigating legal requirements and advocating for LGBTQ+ rights throughout the naturalization journey.

LGBTQ+ Asylum: What You Should Know Before Filing

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Seeking asylum in the United States is a complex legal process that requires careful preparation and a clear understanding of the requirements. For LGBTQ+ individuals, the challenges can be particularly significant, as they may face persecution in their home countries due to their sexual orientation, gender identity, or expression. This guide outlines key aspects of the asylum process, factors to consider before applying, and answers to common questions for LGBTQ+ asylum seekers.

Understanding the Asylum Process

Filing for asylum begins with submitting an Application for Asylum and for Withholding of Removal, to the U.S. Citizenship and Immigration Services (USCIS). This must be done within one year of arriving in the U.S., unless extraordinary circumstances justify a delay. Once the application is filed, the asylum seeker may be scheduled for an interview with an asylum officer or, in some cases, referred to immigration court for further proceedings.

LGBTQ+ individuals seeking asylum must demonstrate that they have a well-founded fear of persecution due to their membership in the LGBTQ+ community. Many countries criminalize same-sex relationships or fail to protect LGBTQ+ individuals from violence and discrimination, making asylum a crucial option for those at risk.

During the asylum process, applicants must provide detailed evidence supporting their claim, including personal testimony, documents, and witness statements. If the case goes to immigration court, an immigration judge will review the evidence, hear testimony, and make a determination. If asylum is granted, the individual can eventually apply for lawful permanent residence.

Key Considerations for LGBTQ+ Asylum Seekers

Several factors should be carefully evaluated before filing for asylum:

  • Demonstrating a Well-Founded Fear of Persecution: LGBTQ+ asylum seekers must prove that they are at risk of harm in their home country due to their sexual orientation or gender identity. General hardships or economic struggles alone may not be sufficient.
  • Gathering Supporting Evidence: This may include human rights reports, affidavits from individuals who can corroborate their experiences, medical records documenting past persecution, or evidence of discriminatory laws in their home country.
  • Understanding the Risks of Applying: If asylum is denied, the applicant may be placed in removal proceedings. Seeking legal assistance can improve the chances of success by ensuring that all necessary documentation is properly prepared and submitted.

Common Challenges in the Asylum Process

LGBTQ+ asylum seekers may face additional obstacles, including:

  • Lack of Legal Recognition in Their Home Country: In countries where same-sex relationships are not legally recognized, it may be difficult to obtain documentation supporting an asylum claim.
  • Fear of Disclosure: Many individuals fear disclosing their LGBTQ+ identity due to stigma or past trauma. However, honesty is crucial in the asylum process.
  • Long Processing Times: Due to case backlogs, asylum applications can take years to process.
  • Mistreatment in Detention Centers: LGBTQ+ individuals placed in immigration detention are at higher risk of abuse and inadequate medical care, especially transgender individuals.

FAQs About LGBTQ+ Asylum

Who is eligible for asylum?

LGBTQ+ individuals who fear persecution based on their sexual orientation, gender identity, or expression may apply for asylum.

What is the deadline to file for asylum?

Generally, asylum applications must be filed within one year of arriving in the U.S., though a rare exception exists for extraordinary circumstances.

Can I work while my asylum application is pending?

Asylum seekers can apply for work authorization if their case has been pending for at least 150 days without a decision.

What happens if my asylum application is denied?

If denied by USCIS, the case may be referred to immigration court. If denied in court, the applicant may appeal or face removal from the U.S.

Can my family members apply for asylum with me?

Spouses and unmarried children under 21 may be included in an asylum application and receive protection if asylum is granted.

How long does the asylum process take?

Processing times vary, but due to backlog issues, cases can take years to reach a resolution.

What kind of evidence do I need to support my claim?

Documents such as human rights reports, witness affidavits, medical records, and personal testimony can help substantiate an LGBTQ+ asylum claim.

Can I apply for asylum if I have a criminal record?

Certain criminal convictions may disqualify an individual from asylum, particularly if the crime is considered serious or involves moral turpitude.

Do I need a lawyer to apply for asylum?

While not required, legal representation greatly increases the likelihood of a successful application and helps navigate the complex asylum process.

Final Thoughts

For LGBTQ+ individuals facing persecution, applying for asylum in the U.S. can provide a pathway to safety and stability. Understanding the legal requirements, preparing strong supporting evidence, and seeking professional legal assistance can make a significant difference in the outcome of an asylum case. If you are considering applying for asylum, consulting with an experienced immigration attorney can help ensure that your rights are protected and your application is as strong as possible.

Secure the Alimony You Deserve with an Experienced Lawyer by Your Side

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Divorce can be a challenging and emotional experience, and financial stability is a major concern for many individuals. Alimony, or spousal support, is designed to help a financially dependent spouse maintain their standard of living after a divorce. Understanding your rights and working with an experienced lawyer can significantly impact the outcome of your alimony settlement.

Understanding Alimony in Divorce Settlements

Alimony is not automatically granted in every divorce. Courts consider several factors when determining whether spousal support is appropriate, including the length of the marriage, each spouse’s financial situation, contributions to the marriage, and future earning capacity. Florida follows an equitable distribution system, meaning that alimony awards are based on fairness rather than an equal split of assets.

Types of Alimony

Florida law recognizes several types of alimony, each serving different purposes. Temporary alimony provides support during the divorce process, while bridge-the-gap alimony helps a spouse transition to financial independence. Rehabilitative alimony supports a spouse seeking education or job training, while durational alimony is awarded for a set period based on the length of the marriage.

Factors That Influence Alimony Awards

Judges consider multiple factors when determining alimony payments. These include the standard of living established during the marriage, the age and health of each spouse, contributions as a homemaker or caregiver, and any instances of marital misconduct. Additionally, courts assess both parties’ financial needs and ability to pay, ensuring that alimony is reasonable and fair.

Common Challenges in Alimony Cases

Disputes over alimony often arise when one spouse believes the requested support is excessive or unnecessary. A financially independent spouse may argue that the other party is capable of earning an income, while the dependent spouse may struggle to prove financial need. Additionally, changes in circumstances, such as job loss or remarriage, can lead to modifications in alimony agreements.

FAQs About Alimony

 

Who qualifies for alimony?

 

Alimony is granted to spouses who demonstrate financial need and where the other spouse has the ability to pay.

 

How is the amount of alimony determined?

 

The court considers factors such as marriage duration, financial resources, and each spouse’s contributions.

 

Can alimony be modified?

 

Yes, if there is a significant change in financial circumstances, alimony may be modified or terminated.

 

Does marital misconduct affect alimony?

 

In some cases, misconduct such as infidelity or financial waste may influence alimony awards.

 

How long does alimony last?

 

The duration varies based on the type of alimony awarded and the specific circumstances of the case.

 

Do I need a lawyer for my alimony case?

 

While not required, legal representation can help protect your financial interests and ensure a fair outcome.

Final Thoughts

Alimony can have a lasting impact on your financial future, making it essential to have skilled legal representation. An experienced family law attorney can help you navigate the legal complexities, advocate for your best interests, and secure the support you deserve. If you are facing a divorce and seeking alimony, consulting with a knowledgeable lawyer can provide the guidance needed to achieve a fair settlement.

2024 Guide to U.S. Citizenship: Naturalization Made Easy

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Are you ready to build a life in the United States and unlock the full potential of U.S. citizenship?

This 2024 guide to U.S. citizenship from Casais & Prias has everything you need to know about becoming a U.S. citizen through naturalization.

Understanding Naturalization in 2024: Benefits of Becoming a U.S. Citizen

Naturalization is the official process by which foreign nationals become U.S. citizens. Securing this status grants you a wealth of benefits, including:

  • Voting Rights: Have your voice heard! U.S. citizens can participate in federal, state, and local elections.
  • Family Reunification: Bring loved ones closer. U.S. citizens can sponsor certain family members for immigration.
  • Travel Freedom: Roam the world with ease. A U.S. passport allows visa-free travel to many countries.
  • Enhanced Career Opportunities: Unlock new possibilities. Citizenship opens doors to exclusive jobs and government benefits.

Qualifying for Naturalization: Are You Eligible?

To embark on your naturalization journey, you must meet specific criteria:

  • Residency Requirements: Hold a green card for a set period typically 5 years, or 3 years if married to a U.S. citizen.
  • Good Moral Character: Demonstrate a commitment to lawfulness and good conduct.
  • English Language Proficiency: Communicate effectively. Basic reading, writing, and speaking skills are required (with some exceptions).
  • U.S. Civics Knowledge: Pass a test assessing your understanding of American history, government, and civics.

The Naturalization Process: A Step-by-Step Breakdown

Here’s a roadmap for navigating the naturalization process with confidence (plus resources available on the official USCIS website https://www.uscis.gov/):

  1. Application and Supporting Documents: File Form N-400, along with required documentation and fees.
  2. Biometrics Appointment: Provide fingerprints, photos, and a signature for background checks.
  3. USCIS Interview: Discuss your eligibility and qualifications with an immigration officer.

    1. Take the official Naturalization Test: Demonstrate your English language and civics knowledge (including practice materials like the 100 Civics Questions and Answers https://www.uscis.gov/sites/default/files/document/questions-and-answers/100q.pdf).

  4. Naturalization Test: Demonstrate your English language and civics knowledge.
  5. Oath of Allegiance Ceremony: Officially become a U.S. citizen by swearing allegiance to the United States.

Common Challenges and How to Overcome Them

Naturalization can involve hurdles, but don’t worry! Here’s how to address common concerns:

  • Language Barriers: Language courses and USCIS resources can help you improve your English proficiency.
  • Criminal History: Consult with an immigration attorney to understand how past offenses might impact your eligibility.
  • Documentation Issues: We’ll guide you through gathering and organizing all the necessary documents.

The Casais & Prias Advantage: Your Trusted Partner

At Casais & Prias, we understand the complexities of naturalization. Our experienced immigration attorneys offer:

  • Skilled Guidance: We’ll navigate the legal landscape and ensure your application is strong.
  • Streamlined Process: Reduce stress and delays with our efficient approach.
  • Personalized Support: We’ll answer your questions and address your concerns throughout your journey.

Take the First Step Towards Your American Dream

Ready to become a U.S. citizen? Schedule a consultation with Casais & Prias today.  Let’s turn your dream into reality!

Schedule a call with us today:

Are you ready to build a life in the United States and unlock the full potential of U.S. citizenship? This guide has everything you need to know about becoming a U.S. citizen through naturalization.

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How Expedited Removal Affects Asylum

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Gaining entry into the United States is in high demand. If you are facing expedited removal proceedings, you need the assistance of an experienced Coral Gables immigration lawyer.

Navigating the complexities of immigration law can be daunting, especially for those seeking refuge and protection in the United States. One significant aspect of this process is expedited removal. For asylum seekers, expedited removal poses unique challenges and raises critical questions about access to asylum protections and due process rights.

What Is Expedited Removal?

Expedited removal is a rapid deportation process used by immigration authorities to quickly remove certain noncitizens from the United States without a hearing before an immigration judge. It typically applies to individuals encountered at a point of entry who are unable to demonstrate lawful entry or valid immigration status and who are deemed inadmissible or ineligible for asylum or other forms of relief.

What Is Asylum?

Asylum is a form of protection granted to individuals who have fled their home countries due to fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. It allows them to remain in another country and seek refuge. Asylum is typically granted to those who demonstrate a well-founded fear of persecution or harm if they return to their home country.

How Does Expedited Removal Affect Asylum Seekers?

Expedited removal significantly limits asylum seekers’ ability to apply for asylum in the United States. Under expedited removal, certain undocumented immigrants can be quickly deported without a hearing before an immigration judge. This process applies to individuals apprehended within 100 miles of the border and who have been in the country for less than 14 days. 

Asylum seekers subject to expedited removal may not have the opportunity to present their case for asylum, potentially denying them the chance to seek protection from persecution in their home countries.

Customs and Border Protection (CBP) officers can utilize expedited removal proceedings in a variety of circumstances, including:

  • Fraud or misrepresentation
  • False claim to citizenship
  • Lack of valid, unexpired immigrant or nonimmigrant visa
  • Nonimmigrant not in possession of a valid passport for a minimum of six months
  • And other circumstances, at their discretion

How Does Expedited Removal Work?

Expedited removal procedures are typically applied to asylum seekers, where an asylum officer conducts a credible fear interview (CFI) to assess the risk of persecution upon deportation. This interview, mandated by U.S. humanitarian protection law, aims to safeguard individuals from being returned to situations of harm. 

A positive outcome in the CFI usually results in the individual being paroled into the United States to pursue asylum. Conversely, a negative outcome allows the individual to request a review of the decision before an immigration judge. However, access to a Coral Gables immigration lawyer or any legal representative during the CFI process is notably restricted. 

While regulations permit the asylum seeker to consult with a person of their choice, including an attorney, actual attorney participation is rare. Data from the asylum processing rule indicates that only 1% of CFIs processed under this rule involve attorney representation.

Why You Need A Coral Gables Immigration Lawyer

Facing expedited removal can be daunting, but partnering with an experienced immigration attorney is crucial to contest the order and minimize long-term consequences. Retaining all documentation provided by CBP officers and reviewing it thoroughly with legal counsel is essential. 

Our Coral Gables immigration lawyer is experienced in expedited removal defense and can identify procedural, legal, or factual errors that could support an appeal. Additionally, we can address other grounds of inadm

issibility beyond the expedited removal order. Without proper legal guidance, mistakes could result in prolonged bans from the United States. 

An experienced immigration law firm like Casais & Prias offers the best chance to overturn an expedited removal order and achieve your goals in the U.S. Contact our firm today to schedule a complimentary case consultation.

Coral Gables immigration lawyer

What Is The Simplest Path To Naturalization For Same-Sex Spouses?

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The path to citizenship is lengthy, but with the help of an Orlando LGBT immigration lawyer, your same-sex spouse can become a naturalized citizen more easily than attempting the process on your own.

The U.S. Supreme Court legalized same-sex marriage in 2015, giving same-sex couples the same rights as opposite-sex couples. These rights extend to immigration, so the rules for naturalization for a non-U.S. citizen same-sex spouse are the same as for a non-U.S. citizen opposite-sex spouse.

However, there can be added scrutiny placed on an LGBT couple to prove the legitimacy of their marriage. In our experience, it is helpful to have the assistance of an Orlando LGBT immigration lawyer when going through the naturalization process. If you follow this guide, we can navigate the complexities of immigration law together, ensuring a smoother path toward citizenship while safeguarding your rights.

Know Your Rights

Before you begin the naturalization process, you must understand you have the same rights as opposite-sex couples. According to immigration law, if you marry your spouse in a country that allows same-sex marriage, your marriage is the same as any opposite-sex marriage in the U.S., and your spouse can apply to become a permanent resident here. After three years as a resident, they can apply for U.S. citizenship through naturalization.

Meet Eligibility Requirements

The United States Citizenship and Immigration Service (USCIS) outlines a precise step-by-step process that an applicant must follow. If you miss any steps or leave out crucial information, the process can be delayed, or the non-U.S. spouse may be subject to deportation. Our Orlando LGBT immigration lawyer can walk you through these steps to help expedite your path to citizenship.

The qualifications for naturalization in a same-sex or opposite-sex marriage are identical. To seek naturalization based on marriage, you need to satisfy these conditions:

  • Be at least 18 years old when applying.
  • Hold Lawful Permanent Resident status (LPR) for at least three years upon application.
  • Remain married to your resident spouse until the Oath of Allegiance ceremony.
  • Live in a marital union for at least three years before applying.
  • Before applying, be physically present in the United States for at least 18 months out of the preceding three years.
  • Understand and use the English language—reading, writing, and speaking.
  • Demonstrate knowledge of United States civics.
  • Show good moral character for at least three years before application.
  • And fulfill other specified requirements.

Once you and your Orlando LGBT immigration lawyer have determined that the non-U.S. citizen spouse is eligible, we can begin the naturalization process.

Follow The Process

After meeting the eligibility requirements outlined above, you may begin the naturalization process, which involves several key steps:

  • Completing Form N-400: This is the Application For Naturalization. You can fill out a paper application, including the filing fee, or opt for an online application. Note that there are exceptions for qualifying for the online application.
  • Fingerprints and Background Check: Following the application, your fingerprints will be taken, and a background check will be conducted.
  • Exam and Interview: Upon completing the initial steps, you will schedule an appointment for an exam and interview. The exam includes tests in English language proficiency and civics knowledge. It evaluates your written and spoken English skills and understanding of basic U.S. history and government.
  • Approval and Oath of Allegiance: Successful completion of the exam and interview leads to the approval of your application. You will then participate in the Oath of Allegiance ceremony, a pivotal part of the naturalization process. This ceremony is mandatory to receive your Certificate of Naturalization and officially become a U.S. citizen.

 

Hire An Orlando LGBT Immigration Lawyer

Having a legal representative guide you through the naturalization process is optional, but we strongly advise hiring one due to the intricacies involved. An Orlando LGBT immigration lawyer can assist in completing your application, help prepare you for the interview, and even accompany you during the interview. Being well-prepared can enhance your chances of success in the evaluation, paving the way for your U.S. naturalization.

At Casais & Prias, our immigration attorneys possess extensive knowledge and experience in the naturalization journey and can provide the necessary support. Contact our firm today to discuss your application and learn how we can assist you.

Orlando LGBT immigration lawyer

What Is The Best Route To Asylum In The U.S.?

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Multiple avenues are available to asylum seekers looking for a better life in the United States. Our Florida asylum lawyer explains the best route to asylum and why it is preferable to come to the U.S. legally.

The escalating unrest, persecution, and discrimination worldwide are fueling a surge in asylum-seeking. Notably, countries such as Cuba, Venezuela, Colombia, Nicaragua, and Honduras are grappling with humanitarian and economic crises. In response, citizens from these nations increasingly seek asylum in the United States, hoping for safety and freedom. Learn the best path to naturalization from our knowledgeable and experienced Florida asylum lawyer.

There are generally two types of asylum: defensive asylum and affirmative asylum. While both are legitimate pathways to becoming a naturalized U.S. citizen, one presents more challenges.

Defensive Asylum

Defensive asylum is a form of protection in the United States for individuals facing deportation. It is called “defensive” because It is sought as a defense against deportation in immigration court after the individual has been placed in removal proceedings.

After crossing the border, you might be put directly into deportation proceedings or referred to a judge who may release you without requiring bail or place you on parole until your hearing.

To qualify for defensive asylum, you must demonstrate a credible fear of persecution or harm in your home country based on race, religion, nationality, membership in a particular social group, or political opinion.

We are seeing more cases of individuals seeking LGBT asylum due to persecution in their home countries. Typically, members of the LGBT community come to the U.S. on a tourist visa and then apply for affirmative asylum after seeing how much safer their community is here.

If you are seeking asylum in the U.S., it is preferable to come to the U.S. legally to avoid being detained. Our Florida asylum lawyer highly recommends the affirmative asylum route to naturalization.

Affirmative Asylum

Affirmative asylum is also a form of protection the United States grants foreign nationals who have suffered persecution or fear of persecution in their home countries because of their race, religion, nationality, membership in a particular social group, or political opinion.

Notably absent from this definition is the fear of deportation because the individual seeking asylum is already legally in the U.S. The U.S. State Department has specified many non-immigrant and immigrant visa categories that allow citizens of other countries to travel legally to the United States. Individuals can also legally enter the U.S. under any humanitarian parole program.

Non-Immigrant vs. Immigrant Visas

Non-immigrant visas are available for temporary travel to the U.S. and include categories like performers, those seeking medical treatment, and business travelers. Immigrant visas are for those seeking permanent residency in the United States as the spouse of a U.S. citizen, family members of lawful permanent residents, and others. While in the U.S. on any visa, you can apply for affirmative asylum within one year of your arrival.

Student Visas and LGBT Asylum

International students on a student visa in the United States can apply for asylum if conditions in their home country undergo significant changes while they are in the U.S. If laws are introduced in their home country that discriminate against the LGBTQ+ community or make it illegal to be LGBTQ+, asylum is available to them.

These alterations in their home country’s circumstances can serve as grounds for filing an affirmative asylum application. This process allows students to seek protection and remain in the U.S. due to fears of persecution based on their sexual orientation or gender identity in their country of origin.

Florida asylum lawyer

Casais & Prias Has The Immigration Experience You Need

It is essential to explore your options carefully when considering asylum in the United States. Consulting with an experienced Florida asylum lawyer is critical. Managing partner Rolando Casais, Jr. sits on the Board of Directors for the American Immigration Lawyers Association (AILA) and can provide invaluable guidance.

Affirmative asylum, in particular, allows you to proactively present your case, providing a stronger foundation for your application. To navigate this complex process with our experience and support, contact us for a comprehensive consultation tailored to your situation and needs. Your journey to seeking asylum begins with informed legal counsel.

From Green Card to U.S. Citizenship: We Can Help

Posted on by bwisotsky@gmail.com

On your journey to becoming a naturalized citizen, having a Miami naturalization lawyer by your side is beneficial. Here is how we can help you make the transition from a green card holder to a U.S. citizen.

Applying for naturalization in the U.S. is an exciting decision, but you likely have many questions about how it works and what is involved. United States Citizenship and Immigration Services (USCIS) outlines the lengthy and strict process by which non-citizens can apply for and obtain naturalization status.

Each applicant must follow the steps closely, provide all documentation requested, and pass several checkpoints along the way. A Miami naturalization lawyer like Rolando Casais, Jr., can guide you through this process, giving you the best chance at becoming a naturalized citizen.

The Naturalization Process

The first step in your naturalization journey is to obtain a green card, also called a permanent resident card. With a green card, a non-U.S. citizen can lawfully live and work in the United States and apply for naturalization after five years (or three years if you are married to a U.S. citizen). You can apply for a green card either from within the U.S. or before you reach the country, and the waiting period can take anywhere from a few months up to two years.

Applying For A Green Card<

When applying for a green card, you may do so under these circumstances:

  • Family Green Card – Spouses, children, parents, and siblings of U.S. citizens or green card holders, as well as widows and widowers who were married to a U.S. citizen at the time of their spouse’s death, may apply for a green card.
  • Employment Green Card – Workers and their spouses and children may apply for permanent resident status.
  • Humanitarian Green Card – Individuals seeking asylum or refugee status, or victims of human trafficking, crime, or abuse may apply for a green card.
  • Diversity Lottery Green Card – Each year, the U.S. government randomly selects up to 50,000 individuals from a pool of entries from six different geographic regions with historically low levels of immigration to the United States. There is a 7% cap on the allocation of green cards to any single country.
  • Longtime Resident Green Card – People living in the United States, whether with lawful or unlawful status, including those considered “undocumented”, since January 1, 1972, are eligible to seek a permanent resident card.
  • Other Types of Green Cards – There are a variety of additional categories of green cards offered by USCIS, including the Cuban Adjustment Act, Liberian Refugee Immigration Fairness, and others.

Applying For Naturalization

Once a non-citizen has had green card status for three or five years, they can apply for naturalization. Applicants must meet specific eligibility requirements, including age, marital status, military service, and others. Our Miami naturalization lawyer can help determine if you can apply for naturalized citizenship.

Application

If you meet the eligibility requirements, you can begin the application process. Note that you may submit your application as early as 90 days before your three- or five-year waiting period ends. This “90-day early-filing rule” essentially holds your place in line while you complete the waiting period.

Biometrics

Approximately one month after USCIS receives your application, it will schedule an appointment to take your fingerprints for a background check.

Interview and Exam

Your USCIS interview is designed as a way for a U.S. government official to verify the information on your application and ask any other questions that may help determine the validity of your request for naturalization. You are allowed to have your Miami naturalization lawyer with you. Our immigration attorney has traveled to other states to sit with a client for his interview.

Following the interview, you will sit for an exam to test your knowledge of the English language as well as U.S. civics.

Oath of Allegiance

If your application is approved, you can take the Oath of Allegiance as your final step towards naturalization, and your path to citizenship will be complete.

Miami naturalization lawyer

How Casais & Prias Can Help

As you can see, the citizenship process is long and complex. Applicants must submit various documents, overcome a potential language barrier, and be able to understand legal jargon. Having an experienced Miami naturalization lawyer like Rolando Casais, Jr., along with the team at Casais & Prias, will go a long way in helping you secure your citizenship through naturalization.

One of our clients has this to say about his experience with Mr. Casais:

The professionalism that Rolando Casais Jr manages is impeccable. Thanks to your management and advice, my adjustment of status case was approved in 53 days. It was a simple process, clear from the beginning. Your professional opinion is very honest. The way the entire application was filled out, I am sure it made the job of the immigration officials easier. Thank you so much.” – Cesar V.

If you have questions about obtaining lawful permanent residency, applying for naturalization, or any other immigration issues, contact our firm today. We will happily discuss your situation and guide you on your journey to citizenship.

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