Florida Immigration Lawyer Blog

What To Expect at Your Green Card Interview

Published on: December 6, 2022 | by Lasnetski Gihon Law

The Green Card interview occurs when an official with the U.S. government meets with the Green Card applicant to verify the information originally provided in the person’s application. bigstock-Us-Immigration-Application-And-459675797 This information includes whether the applicant is eligible to become a permanent U.S. resident and whether all the information provided on the application is valid.

The Green Card interview occurs 7 to 15 months after the Green Card application has been filed. The interview normally is held at a local United States Citizenship and Immigration Services (USCIS) office or at the U.S. embassy or consulate closest to the address listed on the application.

The person conducting the interview will be either a USCIS immigration officer if your interview is occurring in the U.S. or a consular officer. The interviewer will have been specifically trained for your Green Card application type.

What to do if Hurricane Ian Interrupted Your Immigration Case

Published on: November 29, 2022 | by Lasnetski Gihon Law

bigstock-Hurricane-Also-Called-Tornado-461662201 Hurricane Ian affected the lives of Floridians in countless ways. Homes were destroyed and many people’s personal belongings were lost forever. For individuals who are in the process of changing their immigration status, these losses have more than just sentimental value. The loss of certain personal items can have an adverse effect on their immigration case.

Loss of Government Documents

Some of these belongings lost due to the hurricane include important governmental documents needed to continue an immigration case. If you have lost any important government documents, many of these can be replaced. It is a matter of finding the proper agency or person to help you in replacing them.

Temporary Protected Status Expanded by Biden Administration for Afghanistan, Cameroon, and Ukraine

Published on: November 29, 2022 | by Lasnetski Gihon Law

TPS The Biden administration has extended the Temporary Protected Status (TPS) program, providing approximately 143,800 immigrants from Afghanistan, Ukraine, and Cameroon additional protections, allowing them to remain temporarily in the United States.

The TPS program gives immigrants from these countries the chance to apply for time-limited permission to live and work in the U.S. and avoid deportation. This program is overseen by the U.S. Department of Homeland Security (DHS).

To be covered by the TPS program, immigrants must apply through DHS. The TPS program offers temporary protection from being deported for qualifying immigrants who are residing in the U.S. and came here from designated countries that are otherwise deemed unsafe to return. These unsafe conditions could be because of war, hurricanes, earthquakes, or any other potentially hazardous circumstances in those countries.

What You or a Loved One Need to Know When Applying for a Green Card

Published on: September 20, 2022 | by Lasnetski Gihon Law

Getting a green card for yourself or a loved one can be a confusing and complicated process. Many people struggle to navigate the ins and outs of the green card application process without the assistance and guidance of an experienced immigration attorney. bigstock-Woman-With-Laptop-Permanent-Re-430602932

Mistakes can be made in the application process, and cause delays in the individual getting approved for a visa. Some may not be sure which type of green card or visa they need to seek.

Several different types of green cards are available for individuals coming into the United States, including work or employment-based visas and family-based visas.

How Criminal Charges Affect Immigration Proceedings

Published on: September 19, 2022 | by Lasnetski Gihon Law

When applying for a green card, whether the application be for a marriage green card or an immediate relative, you should assume that the U.S. Citizenship and Immigration Services (USCIS) will conduct a thorough background check. bigstock-U-s-Deportation-Immigration-Ju-383236865 Filing an accurate and thorough green card application is all the more important if you have a criminal history.

USCIS will conduct a criminal background check not only on the green card applicant, but also the sponsoring U.S. citizen or the green card holder who is sponsoring his or her family member attempting to receive a green card.

This criminal background check will look for every interaction the applicant had with law enforcement in both the person’s home country as well as in the United States.

Mistakes Commonly Made While Applying for a Green Card through Marriage (Which Can Easily Be Avoided)

Published on: September 7, 2022 | by Lasnetski Gihon Law

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Getting married to a U.S. citizen does not always mean that you will be approved for lawful permanent residence via a marriage visa or green card. The U.S. Citizenship and Immigration Services (USCIS) carefully reviews each and every marriage visa and green card application. Even if your marriage is the real deal, certain mistakes can result in your application being denied.

The following are common reasons marriage visas and green card applications are denied in the United States:

Entering into an Invalid Marriage

Florida’s Child Neglect is a Deportable Offense, says the Eleventh Circuit

Published on: August 2, 2022 | by Lasnetski Gihon Law

On August 2nd, 2022, the Eleventh Circuit published Bastias v. U.S. Atty Gen’l, No. 21-11416, which holds that a conviction under Florida Statute §827.03(2)(d) for child neglect is a deportable offense under the Immigration and Nationality Act §237(a)(2)(E)(i). INA §237(a)(2)(E)(i) makes a non-citizen deportable if he or she is convicted of a crime of domestic violence, crime of stalking, or a crime of child abuse, child neglect, or child abandonment.

The INA fails to define “a crime of child abuse, child neglect, or child abandonment.” Each state defines each of these terms differently, so whether a state conviction qualifies as “a crime of child abuse, child neglect, or child abandonment” must be determined by the courts. The Board of Immigration Appeals (“BIA”) is the appellate court for immigration judges in removal hearings (commonly referred to as deportation hearings). The BIA has interpreted this provision to include any offense involving an intentional, knowing, reckless, or criminally negligent act or omission that constitutes maltreatment of a child or that impairs a child’s physical or mental well-being.”

The offense of “child neglect” in Fla. Stat. §827.03(2)(d) requires the State to prove that the person willfully or by culpable negligence neglects a child without causing great bodily harm, permanent disability, or permanent disfigurement. So, clearly the intent element, or mens rea, required for Florida’s child neglect (culpable negligence) fits within the BIA’s definition that includes “criminally negligent” acts. However, this was not the issue before the Eleventh Circuit.

U.S. Supreme Court Holds That Certain Noncitizens With Removal Orders Are Not Entitled To A Bond Hearing After Prolonged Detention

Published on: June 14, 2022 | by Lasnetski Gihon Law

5BE4E053-A779-4BA9-AC75-AD273202E118 The United States Supreme Court recently released a decision on June 13th, 2022 that will allow for prolonged detention of certain noncitizens who have a removal order, without the benefit of judicial review. This decision is an unwelcome blow to those that have been held in custody for periods longer than six months because they will not be able to obtain a bond hearing in front of an immigration judge. The decision whether to continue detention or to release them on terms of supervision will remain with ICE.

§241(a) of the Immigration and Nationality Act authorizes the detention of noncitizens who have deportation orders against them. Under that provision, the noncitizen is supposed to be detained and removed within a period of 90 days. This is known as the “removal period.” §241(a)(6) provides that after the 90 day removal period, certain noncitizens may be detained or released on terms of supervision. Any noncitizen not enumerated under §241(a)(6) that has not been removed within 90 days must be released.

§241(a)(6) allows the continued detention of noncitizens who (1) are inadmissible on certain grounds, (2) are removable on certain grounds, (3) are a risk to the community, or (4) are unlikely to comply with an order of removal. The problem with this provision is that it does not state how long a noncitizen can be detained past the 90 day removal period. Six months? A year? Ten years? Some courts have dealt with this issue by authorizing a bond hearing after six months in custody. Such was the case here, in Johnson v. Arteaga-Martinez.

Florida Marijuana Convictions May No Longer Be Deportable Offenses

Published on: March 24, 2022 | by Lasnetski Gihon Law

AdobeStock_398838474-300x225 Today, the Eleventh Circuit released what looks like may be a landmark decision in Said v. U.S. Atty Gen’l. This court opinion affects all non-citizens who have or will have Florida marijuana convictions. Under §212(a)(2)(A)(i)(II) of the Immigration and Nationality Act, any alien who commits a violation of any state law or regulation relating to a controlled substance, as defined in 21 U.S.C. §802, is inadmissible. Under §237(a)(2)(B), any alien who at any time after admission has been convicted of a violation of any law or regulation of a State…relating to a controlled substance (as defined in section 802 of title 21), other than a single offense involving possession for one’s own use of 30 grams or less of marijuana is deportable. So, prior to this decision, most non-citizens with marijuana convictions were deportable and/or inadmissible with the only possible exception being for a single possession of 30 grams of marijuana or less.

But in order for a marijuana conviction to qualify as a deportable offense or a crime of inadmissibility, marijuana, as defined under Florida law must qualify as a controlled substance, as defined under Federal law in 21 U.S.C. §802. And that is exactly what the Eleventh Circuit analyzed in Said. In Said, the Court looked at the definition of marijuana (or cannabis, as it is referred to in the Florida Statute) in Fla. Stat. §893.02(3) and the definition of marijuana under Federal law in 21 U.S.C. §802(16) to determine whether they were a match.

The Eleventh Circuit determined that the Florida definition of marijuana is broader than the federal definition. Florida includes the mature stalk of the marijuana AdobeStock_348186656-Converted-300x176 plant in its definition. Federal law does not. Therefore, a person could be convicted of a marijuana offense in Florida that involved only the mature stalk of the plant. However, that same person could not be convicted under Federal Law. So, it appears that a violation of Florida’s law relating to a controlled substance (marijuana) is not “as defined in 21 U.S.C. §802.”

Can You Move Your Foreign Fiancé to the U.S.?

Published on: February 25, 2022 | by Lasnetski Gihon Law

The process of bringing your foreign fiancé to the U.S. can be challenging and difficult to navigate, as there are several requirements. A great first step you can take to jumpstart a life together with your significant other in the U.S. is to understand the legal requirements associated with bringing your fiancé to the U.S. and the initial steps of the process.

1. Meet the Requirements

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In order to apply, you as the applicant or petitioner must meet the following requirements: