Do you want to live the American Dream? We are here to explain immigration law in simple terms. It is possible to live in Florida, but you will need to take certain legal steps. This article will guide you through the process.
Florida Immigration Law Overview
Florida immigration law is very broad. This is the umbrella legislation that covers all immigration regulations, including the Immigration and Nationality Act.
The process is more complex than it appears, so you should seek out Florida immigration lawyers or law firms that are experienced in the area.
Unauthorized aliens or undocumented migrants can be detained in South Florida and face criminal charges and arrest. It’s important to follow the law and look into immigration options.
Below, we will discuss different concepts of immigration law.
Immigration Attorneys Can Offer A Variety Of Services And/Or Types.
Depending on the immigration status you desire, there are various types of documents. The following documents are available:
Visa
Visas act as your “passes,” allowing you to enter a particular country. Most people are familiar with the travel visa, which allows you to enter a country for a limited time.
There are also different visa types for those who wish to extend their stay.
Visa for Families
You can apply for a temporary residence visa in Florida if you have U.S. citizens in your family.
There are several types of visas for family members, each with its own conditions.
– K-1 Visa for Fiance: Foreigners may enter Florida if their fiancés are U.S. citizens or Florida residents. They must marry within 90 days, and the non-citizen spouse’s green card must be processed.
– Visa for Family Preference: This visa is only available to extended family members of a citizen (siblings, cousins, aunts, and uncles).
– Spouse Visa: If you have already been married to a US citizen, you may apply for this K-3 visa as you prepare your immigration petition.
Student Visas
This visa is available to students who are enrolled at eligible institutions. This visa is only for educational purposes and NOT for changing your immigration or residence status.
The federal government will approve the application and determine the duration of the student’s stay.
Validity usually expires at the end of the program. Students must now return to their country of origin, as staying in Florida without permission is considered illegal.
Business, Investment, and Employment Visas
Florida is also open to business travelers. You can choose from different types depending on your purpose of visit.
– B-1 visa: This IS NOT for long-term work. This is a temporary visa valid for six months, which can be used to attend short-term events, meetings, or negotiations. The maximum extension period is six months.
– E-1 visa: This visa has a validity of 2 years for those who are engaged in long-term business activities, such as tourism, banking, or trading goods and services. Trade must be 50-50 between the U.S.A. and the home country.
– E-2 visa: This is for people with whom the U.S. has a treaty, mainly large investors and businesspeople.
– EB-5 visa: Investors in new businesses (companies founded from 1990) or those investing $1M dollars in the U.S.
Type R Visa
Religious Worker or Minister (R-1) is what R stands for. Visas with a maximum validity of five years are valid for entry into the state to minister.
They must work 20 hours per week in a religious occupation. The applicants must be working for religious groups, and they must be members of the group for a minimum of two years.
Green Card, Naturalization, and Citizenship Applications
Green cards are for people who wish to apply for citizenship. This is a long process with many requirements.
The main difference between this visa and the ones above is its permanence. Non-immigrant visas are only temporary and can be used for a specific purpose, such as business, family visits, education, etc.
Naturalization requires a green card. The green card is used for residency, whereas naturalization is the process of citizenship.
Those with green cards are encouraged to apply 90 days prior to the three-five year mark of their Florida residency. You must have lived in Florida for a minimum of three months.
Florida has many requirements to become a citizen. These are just a few of the more general requirements:
– You must be at least 18 years of age.
– You must have a good moral reputation and a clean criminal record.
– You must have a valid green card and be living in Florida for a minimum of three months.
– You must apply at least 90 days prior to the third (or up to fifth) year of residence.
– Background checks and examinations are required.
If you do it on your own, it’s harder to get permanent residency in Florida. Immigration attorneys can help clients achieve positive outcomes by providing the right information and guidance.
Florida immigration lawyers must be well-versed in the laws governing immigration. A Florida immigration lawyer can help you prepare the documents needed and represent you in court.
This post was written by Okoye Morgan Jr., a lawyer with extensive knowledge as a personal injury lawyer in Tampa, FL. Okoye is one of the founding partners of The Black Law Company, specializing in personal injury law, trust and estate law, civil litigation law, and criminal defense.
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