Areas of Practice

Family Petitions and Citizenships

  • Family-based petitions enable individuals residing in the U.S., including both U.S. citizens and Lawful Permanent Residents (LPRs), to sponsor their family members for immigration to the U.S. as lawful permanent residents. Typically, a U.S. citizen or LPR can sponsor their foreign-born spouse and children, provided the children are unmarried and younger than 21 years old. In addition, a U.S. citizen is eligible to sponsor their unmarried children who are 21 years or older, as well as their married children of any age. An LPR is allowed to sponsor their unmarried children who are 21 years or older, but they cannot sponsor married children, regardless of the children's age. The privilege of petitioning for the immigration of parents and siblings to live permanently in the U.S. is exclusive to U.S. citizens.

  • Typically, a person who is a lawful permanent resident can qualify for U.S. citizenship if they are 18 years of age or older and have held permanent residency status for a minimum of 5 years, during which they did not leave the U.S. for trips lasting 6 months or more. There are specific exceptions and considerations regarding the requirements of lawful permanent residency and continuous residence in the U.S. for members of the U.S. Armed Forces and spouses of U.S. citizens. Additionally, an individual seeking citizenship must demonstrate good moral character. This assessment includes multiple factors, such as the individual's criminal history and any instances of deception used to gain immigration benefits, among other considerations.

Artists, Athletes, and Other Individuals with Special Talents

  • The O-1 visa is a temporary work visa issued to a foreign national of extraordinary ability in the sciences, arts, education, business, or athletics, or who possesses a demonstrated record of extraordinary achievement in the motion picture or television industry. The foreigner must demonstrate that she/he has been recognized nationally or internationally for his/her achievements. She/he must show that she/he is a prominent, leading, and renown in her/his field. A foreigner holding an O visa may be admitted for a period of up to 3 years and may be extended almost indefinitely.

    The H-1B1 program provides for the temporary employment of nonimmigrant aliens in specialty occupations from Chile and Singapore. The H-1B1 program is governed by many of the rules that apply to the H-1B visa. The period of employment is 1 year and extensions may be obtained twice but only in 1-year increments.

  • The O-2 visa is issued to a foreign national who comes to the U.S. to assist the O-1 individual in a specific event or performance. The O-2 alien must be an integral part of that work and have critical skills and experience with the O-1 individual that is not of a general nature and that cannot be performed by other U.S. individuals. A foreigner holding an O-2 visa may be admitted for a period of up to 3 years and may be extended.

  • A P-1 visa is available to a foreign athlete who is coming to the U.S. temporarily to perform at a specific athletic competition as an athlete, individually, or as part of a group or team, at an internationally recognized level of performance. A foreign national holding a P-1 visa may be admitted for 5 years and may be extended up to 10 years.

    The P-1 visa is also available to a foreigner who is coming to the U.S. temporarily to perform as a member of an entertainment group that has been established for a minimum of 1 year and recognized internationally as outstanding in the discipline for a sustained and substantial period of time. At least 75 percent of the members of the group must have had a substantial and sustained relationship with the group for at least 1 year (some exceptions apply). The visa will be granted for the time needed to complete the event or performance, not to exceed 1 year and may be extended in increments of up to 1 year.

  • The P-3 visa is issued to a foreigner who is coming to the U.S. either individually or as a group for the purpose of developing, interpreting, representing, coaching, or teaching a unique or traditional ethnic, folk, cultural, musical, theatrical, or artistic performance or presentation. The individual must be coming to the U.S. to participate in a cultural event or events which will further the understanding or development of the art form.

  • The EB-1A employment-based immigrant visa is available to foreigners of extraordinary ability in the sciences, arts, education, business, or athletics. The foreigner must demonstrate extraordinary ability by sustained national or international acclaim. His or her achievements must have been recognized in the field through extensive documentation. No offer of employment is required for an individual of extraordinary ability, but he/she must establish that he/she intends to pursue work in the U.S. in the area of expertise.

    The EB-1B employment-based immigrant visa is available for foreign outstanding professors and researchers who demonstrate international recognition for outstanding achievements in a particular academic field. The individual must have at least 3 years of experience in teaching or research in that academic area and must be entering the U.S. to pursue tenure or tenure track teaching or a comparable research position at a university or other institution of higher education.

  • To qualify for the EB-2 Schedule A immigrant visa, the foreign national must have a job offer for full-time permanent employment and the employment must be in one of the occupations categorized as a Schedule A occupation (such as physical therapists, professional nurses, and other individuals of exceptional ability in the sciences, arts, or performing arts).

  • This employment-based immigrant visa is available for professionals, skilled workers, and other (unskilled) workers. It requires a job offer by the U.S. employer-petitioner and a labor certification. No waiver is available for this category. Professionals under this preference are foreigners holding U.S. bachelor’s degrees (or foreign equivalent degrees). Individuals with no university degrees and job experience may qualify.

Professionals and Workers

  • The H-1B visa is issued to a foreign national who is member of the professions (in a specialty occupation). The individual must hold a bachelor’s degree in the specific specialty or an equivalent in education and experience. Occupations that qualify include, for example, the following: physician, attorney, accountant, engineer, fashion designer, fashion model, and general manager. The worker is initially admitted for a period of 3 years and may be extended up to 6 years.

    The H-1B1 program provides for the temporary employment of nonimmigrant aliens in specialty occupations from Chile and Singapore. The H-1B1 program is governed by many of the rules that apply to the H-1B visa. The period of employment is 1 year and extensions may be obtained twice but only in 1-year increments.

  • The H-2B visa is issued to allow U.S. companies to employ skilled or unskilled foreign nationals in nonagricultural positions for which the employer has a temporary need and for which there are no qualified U.S. workers available. The employer must obtain a labor certification from the U.S. Department of Labor certifying that the foreign national is not displacing a qualified U.S. worker in the region of proposed employment, and the proposed employment does not adversely affect the working conditions of U.S. workers similarly employed. The initial period of admission of the skilled or unskilled foreign national is determined by the period of time the employer needs his/her services as long as it does not exceed 3 years.

  • The H-3 visa is available to foreign nationals coming temporarily to the U.S. as either a: (1) Trainee to receive training in any field of endeavor, other than graduate medical education or training, that is not available in the foreign national’s home country; (2) Special Education Exchange Visitor to participate in a special education exchange visitor training program that provides for practical training and experience in the education of children with physical, mental, or emotional disabilities. If the petition is approved, the trainee may be allowed to remain in the U.S. for up to 2 years. If the trainee petition is approved for a special education exchange visitor, the trainee may remain in the U.S. for up to 18 months.

  • The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada, and Mexico. The TN classification permits qualified Canadian and Mexican citizens to seek temporary entry into the U.S. to engage in business activities at a professional level. To qualify for the TN status, the foreign national must have a prearranged full-time or part-time job with a U.S. employer, the profession of the foreign national must qualify under the regulations, and the position in the U.S. must require a NAFTA professional. Among the types of professionals who are eligible to seek admission as TN nonimmigrants are accountants, engineers, lawyers, pharmacists, scientists, and teachers. The initial period of stay is up to 3 years and may be extended. Unlike Mexican citizens, Canadian citizens are generally eligible for admission as nonimmigrants without a visa.

  • This employment-based immigrant visa is available for professionals, skilled workers, and other (unskilled) workers. It requires a job offer by the U.S. employer-petitioner and a labor certification. Professionals under this preference are foreigners holding U.S. bachelor’s degrees (or foreign equivalent degrees) and who are members of the professions. Individuals with no university degrees and job experience may qualify.

  • The R-1 visa is issued to a foreign minister of religion, or person working in a professional capacity in a religious vocation or occupation who for 2 years immediately preceding the application has been a member of a bona fide non-profit religious organization in the U.S. A foreign religious worker may be admitted for a maximum of 5 years.

  • This visa category is set-aside for special immigrants (individuals seeking reacquisition of U.S. citizenship and returning lawful permanent residents) and religious workers.

Companies, Investors, and Entrepreneurs

  • The E visa may be available to a business owner, manager, or essential employee who needs to remain in the U.S. to oversee or work in a company in the U.S. or is engaged in substantial trade between the U.S. and foreign country. A treaty of commerce must exist between the U.S. and the country of nationality of the foreign company or business owner. Nationals of Argentina, Chile, Colombia, Mexico, Paraguay, Spain, and among many other countries, may qualify for an E visa. This visa may be issued for up to 5 years.

    The H-1B1 program provides for the temporary employment of nonimmigrant aliens in specialty occupations from Chile and Singapore. The H-1B1 program is governed by many of the rules that apply to the H-1B visa. The period of employment is 1 year and extensions may be obtained twice but only in 1-year increments.

  • The L-1 Visa is issued to a foreign national who is a manager, executive, or an employee with specialized knowledge of an international company doing business in the U.S. The foreign national must have worked abroad for the foreign company for a continuous period of 1 year for the 3 years preceding the petition. The foreign company must be a qualifying organization and continue doing business during the transfer period. The company in the U.S. must be a subsidiary or affiliate of the foreign company. A foreign national holding an L-1 status may be admitted for an initial period of 3 years (or 1 year for “new office” petition) and may be extended up to 7 years. A foreign national holding L-1 status can eventually apply to become a lawful permanent resident in the U.S.

  • The EB-1 employment-based immigrant visa is available to foreigners of extraordinary ability in business. The foreigner must demonstrate sustained national or international acclaim. His or her achievements must have been recognized in the field through extensive documentation (e.g., awards, press, patents, commercial success, etc.). No offer of employment is required, but he/she must establish that intends to pursue work in the U.S. in the area of expertise.

  • This employment-based immigrant visa is available for foreign multinational managers or executives who demonstrate that they have been employed outside the U.S. by the company in the 3 years preceding the petition for at least 1 continuous year. The foreigner must be seeking to enter the U.S. to continue his or her service to the company. The foreigner’s employment must have been outside the U.S. in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.

  • This employment-based immigrant visa is available for members of the professions holding advanced degrees and foreigners of exceptional ability in the sciences, arts, or business. The EB-2 category is also available for foreigners with a college degree or foreign equivalent plus 5 years of experience. In general, the foreigner must have a job offer and obtain a labor certification (“PERM”). However, under this category, the job offer and labor certification requirements may be waived if the endeavor in the U.S. is in the national interest of the United States.

  • This immigrant visa is available for investors who make a substantial investment in the United States and are hiring U.S. citizens or lawful permanent residents. The foreigner must invest or be actively in the process of investing at least $1.8 million in an enterprise (or $900,000, as an exception, in certain circumstances). This capital must be placed at risk for the purpose of generating a return in the capital and the money invested must have been obtained through lawful means. The enterprise must benefit the United States economy and must create at least 10 full-time jobs. The residence (“Green card”) will be conditional and granted for 2 years. The investor must then file a petition to remove the condition before the 2-year anniversary of the grant of residence.

Asylum

  • Asylum is a form of protection provided by the United States government when a foreign national has entered the country and has a well-founded fear of persecution. Your asylum petition can be affirmative or defensive. You can file an affirmative application with U.S. Citizenship and Immigration Services (USCIS) if you’re not in removal proceedings. A defensive application is one we’d file for you if you were already in removal proceedings. As your Miami lawyer for these proceedings, Ms. Lafont would need to establish you’re entitled to asylum protection under the law and meet other eligibility requirements.

    You can seek asylum if you’re outside your country of nationality, and you are unable or unwilling to go back to that country because of persecution or a well-founded fear of persecution due to:

    • Religion

    • Race

    • Nationality

    • Political opinion

    • Membership in a particular social group.

    You may apply for asylum if you’re physically present in a country or you come into the country whether or not at a designated port of arrival. You can seek asylum after being interdicted in United States or international waters, regardless of your status.

  • In order to obtain asylum on your behalf in Coral Gables, Ms. Lafont would need to file a Form I-589, Application for Asylum and for Withholding of Asylum, within a year of your entry into the country, unless you delay. There is no fee to apply for asylum. You may include your child and your spouse who are in the country on your application at the time you file or any time until a final decision is made in your case. In order to include your child on an application, he or she needs to be under age 21 and not married.

    Our Miami lawyer won’t be able to get asylum through the immigration system if the Attorney General decides you can be removed under a bilateral or multilateral agreement to a country in which your life or freedom wouldn’t be threatened due to religion, nationality, race, political opinion or social group and where you’d have access to a fair and full procedure for determining a claim for protection. An exception exists if the Attorney General decides it is in the public interest for you to receive asylum in the United States.

  • If you do not qualify for asylum, our diligent Miami immigration lawyer will examine whether withholding of removal would be appropriate. Both applications, if granted, stop removal. For withholding of removal, we’ll need to show it’s “more likely than not” your life or freedom would be threatened due to religion, race, membership in a specific social group, political opinion, or religion. In contrast, asylum requires us to prove there’s a “reasonable possibility of persecution” in the country of removal and this is a lower standard that’s easier to establish, but usually there’s a narrower window within which to pursue.

  • If you are afraid of being returned to your country due to past future or threats of torture, we may be able to apply for protection under the Convention Against Torture. Torture refers to any act in which severe pain or suffering whether mental or physical is intentionally inflicted on someone for such purposes as getting from him or a third person: 1) information or a confession, 2) penalizing or intimidating or coercing him or a third person or discriminatory reasons, 3) when the pain or suffering is inflicted by or at the instigation of a public official. It doesn’t include pain or suffering that arises from, is integral to or incidental to lawful sanctions.