Author: bwisotsky@gmail.com

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

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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.

FAQs About Same-Sex Marriage Naturalization

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We get questions daily about how the naturalization process works for same-sex couples. Here, our Hialeah citizenship lawyer answers the most common inquiries we receive.

As a firm that focuses on both immigration and LGBTQ law, we have a unique perspective to offer guidance on how to best navigate U.S. law regarding same-sex marriage and naturalization. Our Hialeah citizenship lawyer, Rolando Casais, Jr., is a member of the American Immigration Lawyers Association, Vice Chair of the Budget and By-Laws Committee, and sits on the LGBTQ Committee. He is also a member of the Miami-Dade Gay & Lesbian Chamber of Commerce, so he is well-versed in helping same-sex couples through the naturalization process.

These are some of the most frequently asked questions regarding becoming a naturalized U.S. citizen through same-sex marriage.

Can A Same-Sex Spouse Of A U.S. Citizen Apply For Naturalization?

Yes, same-sex marriage is treated equally as opposite-sex marriage in immigration law. If you were married to your spouse in a country that recognizes same-sex marriage, your marriage is legally recognized in the U.S., and your spouse can apply to become a lawful permanent resident. After being a resident for three years, they can apply to become a naturalized U.S. citizen.

What Are The Eligibility Requirements To Apply For Naturalization?

The naturalization eligibility requirements for a same-sex couple are the same as those for an opposite-sex couple. To apply for naturalization through marriage, you must meet the following criteria:

  • Be at least 18 years old at the time of filing the application
  • Hold Lawful Permanent Resident status (LPR) for at least three years at the time of filing the application
  • Continue to remain married to the resident spouse through the Oath of Allegiance ceremony
  • Live in a marital union for at least three years before filing the application
  • Be physically present in the United States for at least 18 months out of the three years immediately preceding the application
  • Be able to understand the English language, including reading, writing, and speaking
  • Demonstrate knowledge of United States civics
  • Demonstrate good moral character for at least three years before filing the application
  • And others

What Is The Process For Becoming A Naturalized Citizen Through Same-Sex Marriage?

Once you have met the above eligibility requirements, the next step is to complete Form N-400, the Application For Naturalization. You may fill out a paper application and send it to the USCIS with your filing fee or apply online, just know that there are some exceptions to qualifying for the online application.

Next, fingerprints are taken, and a background check is initiated; then, you can set an appointment for your exam and interview. The exam consists of an English language test and a civics test. It is used to evaluate the applicant’s written and spoken English language skills and their knowledge of basic U.S. history and government.

If you pass the exam and the interview, your application will be approved, and you can take the Oath of Allegiance. This ceremony is an integral part of the naturalization process and must be completed to receive a Certificate of Naturalization and to become a U.S. citizen.

Hialeah citizenship lawyer

Do You Need A Hialeah Citizenship Lawyer For Naturalization Through Same-Sex Marriage?

Having a legal representative assist you through your naturalization journey is optional, but we recommend that you have one because the process can be complex. Your attorney can help you fill out your application, prepare for your interview, and even sit with you during your interview. Knowing what to expect will help you pass your evaluation and be on your way to U.S. naturalization.

Our immigration attorneys at Casais & Prias are highly skilled in the naturalization process and can offer the guidance you need. Contact our firm today to discuss your application and how we can help you.

Top 5 Benefits Of Having A Naturalization Attorney Assist With Your Application

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Applying for U.S. naturalization is exciting, but it can be complicated without legal counsel. Our Miami naturalization attorney can help.

If you want to become a naturalized citizen to be with your U.S. citizen spouse or for another reason, the first step is to fill out an application. Having an attorney knowledgeable in immigration law can help simplify what can be a complex process. If you are a same-sex couple looking for LGBTQ marriage-based naturalization, the process is the same as for opposite-sex spouses. However, it can be more difficult to be approved because of the potential for skepticism from the USCIS officials.

There are several steps you must take to become a naturalized citizen, including the following:

  • Pass an eligibility check
  • Complete Form N-400
  • Complete biometric screening, including fingerprinting
  • Complete a background check
  • Sit for the USCIS interview
  • Receive notice of the decision
  • Take your Oath of Allegiance
  • Receive your certificate

It can take up to two years to make it through the process from the initial application to naturalized citizenship, and if there is a problem with your application, then the process can take even longer. In these situations, it is in your best interest to have a Miami naturalization attorney assist you from the beginning. If you are still undecided, here is a list of benefits you will see by partnering with an immigration attorney like Rolando Casais, Jr. at Casais & Prias.

Rolando Casais, Jr.

Specialized Knowledge Of The Law

A naturalization attorney brings a deep understanding of the intricate details of immigration law, ensuring that your application is prepared accurately and complies with all legal requirements.

One of the most common reasons an application is delayed is the need for complete documentation. An immigration attorney can help you gather all the required documents to submit with your application to help expedite the process.

Personalized Guidance

Each situation is unique and requires a specialized focus. With a naturalization attorney by your side, you will receive tailored advice based on your circumstances. Legal counsel helps increase the chances of a successful application and avoids common pitfalls such as leaving out important information, missing appointments, and incorrectly filling out forms.

Help Navigating Complex Procedures

The naturalization process can be complex, involving various forms, documentation, and interviews. An attorney can streamline this process, guiding you through each step to avoid delays or mistakes.

Legalese and a potential language barrier can make filing out forms challenging. Having a Miami naturalization attorney on your side is beneficial to your success.

Miami naturalization attorney

Help With Interview Preparation

A crucial step on your naturalization journey is the USCIS interview. During this meeting, a USCIS official will ask questions intended to verify your application and motivation for wanting to become a naturalized citizen.

Attending a naturalization interview can be nerve-wracking, but an attorney can help you prepare by conducting mock interviews and offering insights on potential questions, helping you feel confident and ready. Your Miami naturalization attorney can also attend your interview to provide legal guidance.

Help With Problem Resolution

Suppose any issues or complications arise during the application process. In that case, your attorney has the experience to address them effectively, whether related to prior legal problems, eligibility concerns, or other challenges.

If your request for naturalization is denied, your attorney can assist you in filing a Request for a Hearing on a Decision in Naturalization Proceedings. Just like your original application, filing an appeal requires appropriate documentation, and your attorney can help ensure you include all critical information.

Casais & Prias Knows Naturalization Law

Founding partner, Rolando Casais, Jr., sits on the Board of Directors for the American Immigration Lawyers Association (AILA), and sits on both their Budget and LGBTQ Committees. His experience in immigration law is unmatched in Miami-Dade County.

If you need help with your naturalization application, there is no one better suited than our experienced immigration attorney to guide you through the intricate process and maximize your chances of a successful outcome. Contact us today to discuss your case.

Our Immigration Attorney Explains How To Apply For Florida Citizenship Through Marriage

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If you are married to a U.S. citizen and want to become a naturalized citizen, there is a process you must follow. To ensure that you do not miss a step, follow the advice of our immigration attorney to gain Florida citizenship through marriage.

The most common question our law firm gets regarding Florida citizenship through marriage is, “What does the process look like?” The United States Citizenship and Immigration Services (USCIS) has outlined each step you should take, and we recommend that you have an attorney help you navigate the process and ensure compliance with all legal requirements.

An attorney who focuses on cases involving Florida citizenship through marriage, like those at Casais & Prias, can provide invaluable guidance, assistance, and knowledge to help streamline the process, handle any complexities that may arise, and increase your chances of a successful outcome. With our support, you can have peace of mind knowing that your case is being handled professionally and efficiently, allowing you to focus on the excitement of your journey toward naturalization.

It is important to note the difference between citizenship and naturalization. To be a U.S. citizen, you must be born in the United States. You can become a naturalized citizen through the naturalization process.

Eligibility

Before beginning the naturalization through marriage process, an individual must meet each of the following eligibility criteria:

  • Be at least 18 years old
  • Be an LPR (lawfully permanent resident) of the U.S. for three years or more
  • Have you been living with your U.S. citizen spouse for those three years
  • Live continuously in the U.S. for at least 18 months before the date you file your application
  • Be able to speak, read, and write English
  • Know U.S. history and government
  • And others

If you meet the above eligibility requirements, you can move on to the naturalization process.

Steps To Naturalization

The USCIS has a ten-step process that you must complete to be considered for naturalization. If you miss a step, it could slow down your application and hinder your chances of approval. Getting help from an immigration attorney can significantly increase the likelihood of a successful and streamlined naturalization process.

Step #1: Establish that you are not already a U.S. citizen.

If your parents were born outside the U.S., you may assume you were not born in the United States, so it is wise to confirm your birthplace before continuing to step two.

Step #2: Determine if you are eligible to apply for U.S. naturalization.

Review the eligibility requirements above before moving on to step three.

Step #3: Prepare your application.

Form N-400 can be completed online after setting up an online account with USCIS. If you have questions about setting up your account or what you should include with your application, we can help.

Step #4: Submit your application and pay your fees.

The cost of becoming a naturalized citizen is currently $725, which includes a $640 application fee and an $85 biometrics fee.

Step #5: Complete your biometrics appointment.

If needed, the USCIS will set up your appointment, where you will provide fingerprints, a photograph, and your signature. This information establishes your identity and will be used for an FBI background check.

Step #6: Complete your interview.

Your USCIS interview is used to verify your background and information in your application. Although it is not necessary to have an attorney present during your interview, we recommend that you have one with you to clarify questions and help the interview go smoothly.

Step #7: Receive your decision from USCIS.

You will receive a notice of the decision in the mail indicating that your application was granted, continued, or denied. If the decision is “continued,” it means that you need to provide additional documentation or you failed the civics test. If your application was denied, you are not eligible for citizenship through naturalization.

Step #8: Receive your notice of Oath of Allegiance.

The Oath of Allegiance is taken during your naturalization ceremony. The USCIS will mail you your ceremony’s date, time, and location.

Step #9: Take the Oath of Allegiance to the United States.

You can only become a naturalized citizen once you take the Oath of Allegiance. After the ceremony, you will receive your Certificate of Naturalization.

Step 10: Understand your citizenship.

Citizenship serves as the unifying fabric that binds together individuals across the United States. Rather than being defined by factors such as race or religion, our nation is founded upon the shared principles of freedom, liberty, and equality. These values transcend individual differences and form the cornerstone of our collective identity as Americans. Take the time to review some of the rights and responsibilities held by U.S. citizens.

Florida citizenship through marriage

When Seeking Florida Citizenship Through Marriage, We Can Help

With our extensive experience and in-depth understanding of the naturalization process (for all marriage – opposite-sex and same-sex), our immigration attorneys at Casais & Prias are well-equipped to guide you on your path to becoming a naturalized citizen.

Let us handle the complexities and intricacies of the system, allowing you to navigate the journey with confidence and peace of mind. Contact us today and take the first step toward achieving your dream of U.S. citizenship.

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

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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

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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.

asylum attorney

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 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.

Hialeah immigration attorney

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.

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