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United States Immigration Legal Questions answered by Lawyers

Browse our 2 legal questions about Immigration in United States and the lawyer answers, or ask your own questions for free.

How do I get certificate or acceptance?
Immigration
US is asking for certificate of acceptance for my son born in Ulsan 13years ago for the purpose of our immigrant visa. He was not registered at the local district office at the time as we were told as non nationals, it was not mandatory. I don’t know how to... Read more →
Lawyer answer by mohammad mehdi ghanbari

Hello, good morningTo obtain a Certificate of Acceptance for your son born in Ulsan, you will need to report the birth to the local government office (Si, Gu, Eup, or Myeon) corresponding to the place of birth. Even though the...

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1 answer
What will help our US Immigration Case
Immigration
So we got refused under section 221g on 29 March because we didn't know about informing and taking the Death Certificate before the interview. So they told us to contact USCIS, our petitioner Spouse did contact USCIS, and uscis website is saying we received your correspondence on 15 August and... Read more →
Lawyer answer by SJ Law Experts

**SJ Law Experts, Islamabad** Thank you SJ Law Experts, Islamabad [Advocates, Legal Advisors & Immigration Lawyers]

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1 answer

United States Immigration Legal Articles

Browse our 1 legal article about Immigration in United States written by expert lawyers.

Golden Visas: Residency by Investment in the United States
Immigration
Key Takeaways The United States immigration system is governed primarily by the Immigration and Nationality Act (INA) and administered by USCIS, DOS, CBP, ICE, DOL, and EOIR. Most immigrants enter through family, employment, humanitarian protection, or investment routes, each with its own forms, fees, timelines, and eligibility rules. For investors,... Read more →

1. About Immigration Law in Hialeah, United States

In Hialeah, as throughout the United States, immigration law is primarily federal. The core framework is the Immigration and Nationality Act (INA), administered by agencies like USCIS and EOIR. Local jurisdictions do not grant or determine immigration status, but they can offer resources and referrals to licensed counsel.

The Immigration and Nationality Act forms the backbone of U.S. immigration policy and is administered by federal agencies across all states, including Florida and Hialeah. INA overview

Hialeah residents often engage with immigration processes to pursue family-based petitions, asylum or protection, employment-based visas, or adjustments of status. The daily realities in South Florida reflect a diverse immigrant population seeking dependable legal guidance for complex forms and deadlines. USCIS and the Miami-area EOIR resources are frequently consulted in these cases.

Immigration courts are part of the Executive Office for Immigration Review and handle removal and other immigration proceedings nationwide, including the Miami Immigration Court serving South Florida residents. EOIR overview

2. Why You May Need a Lawyer

  • You have received a Notice to Appear from ICE and face possible removal in the Miami-Dade area. A lawyer can evaluate your entire record, searches for relief options, and prepare a strong defense or relief strategy. This is especially important when complex issues like criminal history or prior immigration violations exist.

  • You are pursuing a family-based path to lawful permanent residence from a spouse or close relative who lives in Hialeah. An attorney helps ensure proper documentation, affidavits, and timing align with USCIS and local court calendars. Mistakes can cause costly delays or denials.

  • You are seeking asylum, fear persecution, or protection under other humanitarian provisions. The claim requires detailed country conditions and corroborating evidence, which an experienced solicitor can organize and present effectively in hearings or interviews.

  • You hold Temporary Protected Status (TPS) or need a DACA renewal, especially if status changes or work authorization is involved. A lawyer can review eligibility, update forms, and respond to requests for evidence from USCIS.

  • You are an employer in Hialeah needing to hire foreign workers and must navigate PERM, I-140, and I-9 compliance. An attorney helps avoid common payroll, documentation, and eligibility mistakes that trigger audits.

  • You want to appeal or reopen a USCIS or BIA decision. Appeals and motions have strict timelines and detailed legal standards that benefit from professional guidance.

3. Local Laws Overview

Immigration law in Hialeah is shaped by federal statutes, but the way cases are filed, heard, and appealed can involve Florida state courts and local procedures. The following statutes and acts are central to understanding the framework for residents here:

  1. Immigration and Nationality Act (INA) - Public Law 82-414, enacted 1952; codified in Title 8 of the U.S. Code. The INA sets eligibility for visas, asylum, adjustment of status, and naturalization, and it has been amended many times to address evolving policy and enforcement. INA overview
  2. Real ID Act of 2005 - Public Law 109-13; enacted 2005. This act strengthens border controls, affects identity documentation used for immigration benefits, and influences screening and admissibility standards. Real ID Act information
  3. Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) - Public Law 104-208; enacted 1996. It expanded grounds of inadmissibility, changed certain asylum and removal procedures, and streamlined enforcement. IIRIRA overview

These acts are federal, and they apply uniformly across Florida and Hialeah. For practical guidance, consult USCIS for eligibility rules, EOIR for court procedures, and the Department of State for visa processes. USCISEOIRTravel.state.gov

4. Frequently Asked Questions

What is the difference between a nonimmigrant visa and a green card?

A nonimmigrant visa allows temporary stay for a specific purpose, such as work or study. A green card grants lawful permanent residency. Filing requirements and timelines differ significantly between the two paths.

How do I apply for a family-based green card in Hialeah?

Start with the relative petition filed with USCIS. After approval, you may pursue adjustment of status or consular processing depending on your location and status. Accurate paperwork and timely responses improve approval chances.

When should I hire an immigration attorney for my case in Miami-Dade?

Consider hiring early if you face removal proceedings, complex waivers, or a potential ineligibility issue. Early legal guidance improves filing accuracy and helps you understand relief options.

Where can I find affordable immigration legal aid in Hialeah?

Local non-profits, legal aid clinics, and university programs often offer low-cost or pro bono consultations. Verify eligibility criteria and obtain a written plan before proceeding.

Why do I need a lawyer for removal proceedings in Miami immigration court?

Removal cases involve complex evidence, bonds, and asylum or relief options. An attorney can study your record, prepare exhibits, and represent you at hearings.

Can I apply for DACA renewal in Hialeah if my status expired?

Renewals are possible if you remain eligible and files are submitted within the allowed windows. A lawyer can determine the best timing and prepare the renewal package.

Should I pursue asylum if I fear persecution in my home country?

Asylum requires showing a credible fear of persecution based on protected grounds. An attorney can help you build country condition evidence and a cohesive narrative.

Do I need a state or federal filing to adjust status in Hialeah?

Most adjustments of status are filed with USCIS, a federal agency. Some steps may involve local interviews or additional state records, depending on the case.

Is TPS available for Haitian or Venezuelan residents in 2025?

TPS designations can change with federal updates. A lawyer can confirm current eligibility, application windows, and renewals based on the latest guidance.

How long does an adjustment of status take in Florida?

Processing times vary by category and case load. USCIS processing times can span several months to years depending on the petition type and service center.

How much do immigration legal services typically cost in Hialeah?

Costs vary with case type, attorney experience, and location. Expect consultation fees, filing fees, and potential hourly rates or flat fees for specific services.

What’s the difference between a solicitor and attorney in immigration matters in Florida?

In the United States, the term commonly used is attorney or lawyer. Some international contexts use solicitor, but for U.S. immigration matters, rely on an attorney registered to practice law in Florida.

Notes on sources and further reading: For procedural details, consult USCIS processing times and filing guides. For court matters, review EOIR’s resources on immigration courts and appeals. USCIS processing timesEOIR

5. Additional Resources

  • U.S. Citizenship and Immigration Services (USCIS) - uscis.gov - The primary federal source for forms, eligibility criteria, and case status checks. It also provides detailed instructions for each petition type and naturalization guidelines.
  • Executive Office for Immigration Review (EOIR) - justice.gov/eoir - Oversees immigration courts, removal proceedings, and appeals. It includes court calendars, self-help resources, and rules of procedure.
  • Travel.state.gov - travel.state.gov - Official source for visa information, travel advisories, and consular interview guidance. It helps with nonimmigrant visa queries and immigrant visa case processing.

6. Next Steps

  1. Define your goals and gather documents - Identify whether you seek a visa, green card, asylum, or protection. Gather passports, birth certificates, marriage or divorce records, and any prior immigration documents. Timeline: 1-2 weeks.
  2. Assess eligibility and options - Review every potential path with a qualified immigration solicitor, including potential waivers or humanitarian relief. Timeline: 1-2 weeks for a screening.
  3. Research local immigration attorneys in Hialeah - Look for Florida-licensed attorneys with clear client reviews and a transparent fee structure. Timeline: 1-3 weeks.
  4. Schedule initial consultations - Bring all documents and a list of questions. Compare candidate strategies, anticipated outcomes, and fee arrangements. Timeline: 1-4 weeks depending on availability.
  5. Check credentials and engagement terms - Verify bar status, disciplinary record, and written fee agreement. Timeline: 1 week.
  6. Engage counsel and sign a formal agreement - Confirm scope of representation, communication expectations, and payment plan. Timeline: immediately after choosing a lawyer.
  7. Prepare and file your case - Your attorney will prepare forms, collect evidence, and file with the appropriate agency or court. Timeline: varies by case type; many petitions start within 4-12 weeks of engagement.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.