Immigration Lawyer Miami

You are here: Home » Immigration Lawyer Miami

Legal services for immigrants as well as other clients in Miami

Gallardo Law Firm has been serving South Florida for a few years now. Located in the famous Calle Ocho, the heart of suburban Miami, our firm attracts clients from different nationalities seeking a solution to their countless immigration problems with the help of a trusted immigration lawyer Miami. Gallardo continues a commitment to provide clienteles-both individuals and corporations-with aggressive and practiced legal representation in every case.

Experienced Immigration Lawyer in Miami

An immigration lawyer Miami deals with complex cases and courtroom litigation in a number of immigration areas such as Cuban immigration law, problems with illegal immigration, deportation process, green card through political asylum, citizenship, and many other problems related to immigration to the United States.

Our knowledgeable attorneys are well-versed in litigating difficult cases. While other firms turn clients away, the attorneys at Gallardo Law Firm use their skill to develop winning case strategies that handle all their concerns. What sets us apart is our careful attention to detail. We start every matter by executing and detailed legal analysis and anticipating the other party’s arguments. An immigration lawyer Miami will make sure that they are prepared for every challenge that they may encounter. They use every single tool available to them, whether inside or outside the courtroom.

How to Choose an Immigration Lawyer

Experience and knowledge is essential when hiring a good immigration lawyer. Since immigration laws are very broad and complicated, immigration attorneys generally specialize only in this particular area of law. Some attorneys may also specialize in other legal practice areas as well but they may not be as effective when serving their clients. Firms like Gallardo Law Firm have plenty of experience and full knowledge of immigration laws and immigration services. At Gallardo you will find answers for any questions you may have regarding your immigration case.

When dealing with immigration laws, you will learn there are many deadlines and legal burdens that can only be navigated with the help of an experienced immigration lawyer.

A seasoned immigration lawyer can assist you in preparing your petitions and applications, as well as coaching you when interviewing with the United States Citizenship and Immigration Services. You will also receive assistance to handle any issues related to visas, green cards, etc. Hiring a lawyer that is up to date with the rapidly changing field of law can prove useful. Gallardo Law Firm can provide you with the experienced lawyers you are looking for.

It’s important to remember local lawyers are generally the best option. Check on the news, forums and chat rooms to choose the most appropriate legal counsel. Having good references and a successful Miami track record are a must. Websites like Findlaw and reviews can also help. The options are many but it’s up you to find them. For suitable immigration solutions, contact Gallardo today and find the perfect attorney that’s tailor made for your scenario.

looking for immigration lawyer Miami

When looking for an immigration lawyer you must first consider his or her educational background. Trust only firms that employ candidates with substantial experience and impeccable educational background. Find out which law school they attended, if they have any special accomplishments, etc. Some schools are “top tiered” institutions and have very high standards for acceptance into their program; which means attorneys attending these schools are among the best. Lawyers who graduate from a reputable law school with flying colors are generally a great choice.

When searching for an immigration lawyer Miami, the quantity of those claiming to be the best at what they do makes it almost impossible to make a decision. It is important that you find the right immigration lawyer Miami with the proper accolades, experience and qualifications. Although the naturalization process can be attained through the U.S. Citizenship and Immigration Services (USCIS), a good lawyer can help with all the complex paperwork, tests and interviews related to this process. Gallardo law Firm has broad experience with all the aspects related to immigration law such as:

Visa application for USA

In order to reside whether permanently or indefinitely in U.S, there is a visa application process required. The most popular visas categories include:

  • Immigrant visas: in order to be eligible for this visa a U.S. citizen relative, prospective employer or lawful permanent resident must sponsor the foreign citizen and file a petition on their behalf with the USCIS.
  • Work visas: these are granted to individuals who wish to enter the United States for employment. These are among the most solicited visas in the non-immigrant category. Work visas are not indefinite or permanent. The employer first files a petition with U.S. Citizenship and Immigration Services (USCIS).

Green card process

A Permanent Resident Card or Green Card not only provides the applicant with permanent residency but it also gives the rights to work in the United States. The green card process varies depending on the green card the applicant is requesting:

  • Green card through marriage: This is probably the fastest way to obtain a residency in the US yet the approval may not be as immediate as expected. Marriage green card petitions are carefully analyzed to ensure the marriage is legitimate.
  • Green card through employment: It’s possible to become a permanent resident based on employment. Employers will have to get a labor certification and file Form I-140 for the applicant.

Help with Immigration Forms

Although these forms are very easy to obtain on the internet, and you don’t have to pay anyone for them; it’s wise to hire a professional to help you fill them out. These forms can be obtained at the USCIS’ website and they range from simple biographic information about the applicant to an “Application to Adjust Status from Temporary to Permanent Resident.” Attorneys at Gallardo Law Firm have extensive experience filling out these forms and dealing with various immigration cases. Many of these forms are free yet some may carry a pretty hefty price tag of up to $6,230. It’s important you use the latest version of the form since the immigration authorities revise them often. If by the time you submit your application the form has gone out of date, chances are your application will be denied.

Applying for US Citizenship

You may become a U.S. citizen at birth or after only when meeting some specific requirements. If you wish to become a citizen at birth you have to be born in the United States and US territory or have parents that were citizens at the time of your birth. There are other requirements to become a citizen after birth such as applying for US citizenship through parents and applying for naturalization. Naturalization applicants will have to take a test on English and Civics.

There other cases such as for military members or dependents. Applicants who are members or veterans of U.S. armed forces as well as their dependents will most probably be eligible for different naturalization provisions. There is also dual citizenship where a person naturalized as a U.S. national can still keep his or her nationality from the country of birth.

Green Card through Political Asylum

Political asylum is granted to individuals who are in US but can’t go back to their country because there is persecution related to nationality, race, political view, or membership in some specific social group. The person granted asylum is allowed to live and work in the US and apply for permanent residency. Refugee status is very similar. The only difference is that refugee status is asked for outside of USA.

Those who are approved for asylum must reside in United States for about 1 year and then they will be allowed to apply for permanent residency if they wish to stay. Under US immigration law, there is no limit to the amount of individuals allowed to request political asylum. In order to qualify for asylum the applicant has to meet several requirements such as:

  • Request it at the port of entry
  • The application must be filed during the first year of the applicant’s arrival.
  • You have to find out if conditions in your country have changed after a year in the United States.
  • The one year deadline can be excused if some special circumstances prevented you from filing.

Deportation Process

The deportation process is quite complicated and it involves several steps. It’s important to learn the basics of how the removal process works. This process starts with DHS sending a Notice to Appear (NTA). This document includes your name, country you were born, etc. and it orders you to appear before an immigration judge. The notice will have information such as when you will have to appear, how you broke the law, your right to hire legal counsel, and penalties for not appearing at the hearing. You can apply for relief from removal if the judge determines that you can be deported.

Immigration Miami

Commonly referred to as the portal to Latin America, it’s no surprise at all that a census conducted by MigrationPolicy.Org found Miami and its surrounding metropolitan area to be the No. 1 most immigrant-populated cluster of counties in America. To be clear, Miami does not have the largest outright immigrant population. It’s 1,994,677, sits behind Los Angeles and New York, who have 4,394,068 and 5,317,616, respectively. However, the city filled with sunshine does boast the largest percent of immigrants within its population, at a pretty substantial 36.92%. With nearly 6 out of every 10 citizens being Spanish-speaking, it’s often said that it is hard to conduct business in the city of Miami without being fluent in the language.

Immigration to the United States

America is a mixing pot of diversity and a “nation of immigrants." You’ve probably heard that last part so many times that it’s almost become cliché, however it is still irrefutably factual. Whether from Europe, Africa, Asia or another land, the 2000 Census found that 99% of the modern American citizens can trace their ancestry to a land across the oceans of this magnificent rock we call Earth. A heavy flow of freedom-seeking, opportunistic immigrants over the course of generations is what helped transform this country from a small upstart nation, fresh off the heels of revolt into the international superpower that it is today.

Although immigration to the United States did help to shape our nation into what it is today, after decades of having an open-door policy and a steady population boom, the United States government was forced to invoke some restrictions on the amount of immigrants who could be allowed into the country. For example, the 1990 Immigration Act (IMMACT) only accepted a limited amount of 700,000 immigrants. It emphasizes that the two main criterion of satisfactory immigration are family reunification and employment-related immigration. For the latter, the solution is often guest worker programs, these have however, been a topic of debate. Guest worker programs, such as a program named Bracero after the Spanish term which means “manual laborer” in Spanish, and more recently the H-2 Program. These programs allow foreign workers to either reside or work for a period of time in another country till a new wave of workers can swap. These jobs are contractual and usually agricultural or industrial in nature.

The Immigration Lawyer Miami and Cuban Immigration to US

With Cuba being only 90 miles from the southernmost point of Florida,Cuban immigration has somewhat defined modern Miami and made Cuban-Americans a staple of our great nation. Since 1970, Cubans are among the largest immigrant crowd in the U.S. , currently listed as the seventh largest. Millions of Cuban immigrants reside in the United States, accounting for 2.8 percent of the total U.S. immigrant population.

Cuban Immigration Law

Cuban immigration laws have changed various times over the years. The first major act of legislation signed into effect was the Cuban Adjustment Act. This act allowed Cuban citizens to qualify for legal permanent residency after living in the United States for a period of two years. Modifications made by The Immigration and Nationality Act Amendments of 1976 reduced this time to one year. One of the most well-known revisions of the original Cuban Adjustment Act came in 1995 and is commonly referred to as the “Wet Foot, Dry Foot” Policy. In the 20 years between 1960 and 1980, hundreds of thousands of Cubans entered the United States, many of them arriving by boat, primarily during the Mariel Boat Crisis.

As a result, in 1995 the Clinton administration came to an agreement with Cuba that it would stop admitting people found at sea. Instead, if immigrants were found caught between both nations ("wet feet"), they would subsequently be deported back home or to another country . While those who made it to shore ("dry feet") were granted a chance to remain in the United States, and later would qualify for expedited legal and permanent residence status and eventually official U.S. citizenship.

Problems with illegal immigration

Illegal immigration has become a major problem in the United States. Immigrants can be identified as illegal for basic reasons such as entering the country without proper inspection or authorization, staying in the country more time than what they are supposed to and past the authorized period, or infringing upon the terms of their legal entry. Although it is a hard statistic to measure, estimations about the amount of undocumented immigrants in Florida generally sit around 900,000. Also, between 2009 and 2012, only Idaho had more immigrants choosing to settle within its borders.

Immigration Solicitors

In addition to immigration lawyers whom you pay for advice, you can also look into immigration solicitors. These are like lawyers, and sometimes are bar certified, however they choose to offer you limited advice on your immigration situation for free. Solicitors sometimes work around lawyers as kind of a first step before a client truly chooses an attorney.

immigration forms

Immigration USA Questions and Answers

Immigration USA Questions and Answers

Temporary worker visas are for individuals entering the country for temporary employment. A petition must first be filed by the prospective employer at the U.S. Citicenship and Immigration Services (USCIS) office. The petition must be approved in order for the individual to apply for a work visa.
You can apply for this at the local Social security Administration office right after you receive employment authorization. This is very crucial in order to collect Social Security benefits and also benefit from different government services.
You can pay federal income taxes with an individual taxpayer identification number (ITIN).To find out more information on how to obtain an ITIN, visit the IRS site at www.irs.gov
Becoming a citizen of United States is a privilege that should not be taken for granted. You will be able to enjoy the many benefits a citizen of this nation is enticed to. However, these rights and privileges are only received after going through the application process. Some things to consider before applying may include:
  • The person must be a legal permanent resident.
  • At least 18 years of age
  • The person didn't make any other country a permanent home during their resident in the U.S.
  • The resident should pass an English and History test
  • The individual must have a clean criminal record
Stay of deportation or stay removal is when the citizen faces deportation and requests temporary postponement. The first thing to consider is hiring a professional immigration lawyer to help with such a complicated process. The deportation can be postponed depending on where you are in the legal process and who is handling your case. The basic types of deportation include:
  • Administrative stay of deportation: filled with a federal agency of the federal government
  • Judicial stay of deportation:filled with a federal court
  • Automatic stay of deportation:it goes into effect only when the foreign individual is filing an appeal
There are two ways to bring your spouse or future spouse to the United States:
  • Fiance Visa (K-1): The fiance of the citizen must fist file a K-1 in order to travel to the U.S. And marry the U.S. Citizen during the first 90 days since their arrival. Once married, the fiance must apply to become a permanent resident.
  • Marriage Visa (K-3): This visa can help reduce the physical separation between the the U.S. citizen and foreign spouse. It allows the spouse enter the country as a non-immigrant while also waiting for the green card process to be completed.
The case law for asylum is always changing. Some factors should be considered before applying:
  • Confinement and medical documentation are generally required
  • Home country's Human Rights Report
  • Witnesses' affidavits
  • A detailed legal brief explaining or outlining the law as it pertains to the person's particular needs
A United States resident or lawful permanent resident can help certain relatives to become permanent residents of U.S. The first step to take is to file an I-130, a form used to prove the government the individual your are filing the petition for is your relative and not just some random person.
These are the most common petitions filed:
  • Parents
  • Children or step-children
  • Spouse
  • Fiance

Call us for legal advice at (305) 261-7000.
Also, you could go at our address: 8490 SW 8th St Miami, FL 33144