Either legally or illegally, entering the United States can be a complicated process. Florida immigration lawyers help foreigners who are trying to enter the country either permanently or temporarily. You can complete many parts of the immigration process yourself without the help of an attorney. While Florida immigration lawyers can help you with paperwork, you will not always need to hire one. Here are some things to keep in mind if you are thinking of hiring an attorney to help you with immigration issues.
Federal and state immigration laws
Immigration is largely a federal matter. FL immigration lawyers file all their paperwork in federal immigration courts. State and local laws generally only enter the picture if you are charged with a crime and need to defend yourself. If you are facing the threat of deportation, a Florida immigration lawyer can help you defend yourself.
Different types of visas
Residents of most European countries as well those visiting from Japan are not required to obtain a visa if they are planning to spend 90 days or less in the United States. Residents of most other countries will need to apply for a visa before visiting. 18 different categories of nonimmigrant visas exist for those hoping to stay for longer than 90 days. Students, artists, longterm workers and other kinds of visitors who wish to enter the United States must prove they intend to return home. Florida immigration lawyers can help you prove you are not trying to enter the country under false pretenses.
Some people may wish to enter the United States permanently, such as:
• Businessmen
• People joining family members who already live here
• Political refugees seeking asylum
As with extended stay visas, there are many different categories. If you are not sure which one covers you, a FL immigration lawyer can guide you through the process.
Applying to enter the United States
If you want to become an American citizen or permanent resident, you may have to wait for many years. Unless you are a businessman who can invest half a million dollars in an American business, you may be facing an extended wait. A Florida immigration lawyer can help you complete the paperwork process but cannot bend the law to get you into the country faster. Be skeptical of any attorney who seems to be hinting at any kind of special influence.
Green cards are documents proving that you are allowed to enter and live permanently in the United States. As with visas, there are many different kinds of green cards a FL immigration lawyer can help you apply for. Those who have immediate family in the country can enter after applying at their nearest American consulate. Other foreigners may be allowed to enter the country first and then complete the appropriate paperwork. FL immigration lawyers can help you decide what kind of process you need to follow.
Immigration consultants
An immigration consultant helps you complete all the paperwork and walks you through the process. Unlike some states, Florida law requires that any immigration consultant be a certified Florida immigration lawyer. The only assistance someone who is not an attorney can provide is in filling out paperwork or helping with translation for non-English speakers. Anyone who offers legal advice without being a qualified FL immigration lawyer is in violation of the law.
I-9 forms
If you are an employer, it is your legal responsibility to make sure all of your employees are legally allowed to work in the United States. Since 1986, federal law has required all business to complete an I-9 form. This states that a worker has produced sufficient documentation demonstrating that they are allowed to seek work in the US. Florida immigration lawyers can be helpful in making sure these forms are correctly filled out and in verifying the status of anyone you are thinking of hiring.
Deportation
If you commit a serious crime, you could be deported and will want to ask FL immigration lawyers for help. Deportable offenses are generally labeled “crimes of moral turpitude.” The offenses that actually fall under this category make for a fluid, ever-changing list. Generally, charges that you may need a FL immigration lawyer to help defend you against include:
• Murder
• Rape
• Prostitution
• Drug trafficking
• Kidnapping
Repeated minor offenses may also be grounds for deportation. If you are worried you may be expelled from the country, you should consult a Florida immigration lawyer. However, be wary of unscrupulous attorneys who may be trying to take advantage of your desperation. A FL immigration lawyer can help you assemble documentation proving you have by and large been a good citizen and call on character witnesses.
Sometimes it may be clear that you have no chance of remaining the United States legally. In this case, a Florida immigration lawyer can help you complete the “voluntary departure” process, meaning you agree to leave the United States at a fixed date. This will allow you to re-enter the country legally at a later date rather than being permanently prohibited from returning.
Hiring a FL immigration lawyer
Though the legal process is often complicated, immigration law is easier than most areas of the law for a layman to understand. If your petition to enter the country is not complicated, FL immigration lawyers may prove to be an unnecessary expense. Before seeking private legal help, think about whether you can complete all the paperwork yourself.
If you decide you need the help of a Florida immigration lawyer, ask friends or family to recommend to an attorney they have worked with. Prior to meeting any attorney, make sure to look up their disciplinary record online. FL immigration lawyers who have been censured or otherwise disciplined should be avoided. Make sure you have any documentation that may be relevant to your case. Obtain a detailed estimate from any FL immigration lawyer you consult of what you will be charged for their services.