Miami FL Criminal Attorney, Miami Criminal Lawyer, Miami FL Criminal Attorneys

Florida, Washington, DC, Virginia, & Maryland Immigration Attorney

Our multi-lingual team is ready to assist you in the following areas

Immigration: Jason St-Fleur & Associates provides representation to individuals and businesses before numerous U.S. agencies and departments, including United States Citizenship & Immigration Service (USCIS), the Department of Labor, the Department of State, and the Executive Office for Immigration Review (EOIR) in the following areas:

Adjustment of status:

The process for adjustment of status to permanent residence occurs in many forms, whether it be through marriage to a U.S. citizen or a lawful permanent resident Cuban national or through a U.S. citizen parent petitioning for his/her child under 21, or a U.S. citizen son or daughter petitioning for his parent, or through the Cuban Adjustment Act for nationals of Cuba or through self-petitioning victims of domestic violence.  Beneficiaries of petitions filed prior to April 30, 2001 may also be eligible to adjust status here in the United States, even if they entered without inspection, dependent upon visa availability.  Each of these processes has its own requirements and regulations.  The firm is experienced in the preparation of legal documentation necessary to obtain lawful permanent residence through all types of family-based petitions, spousal petitions, Cuban adjustment, Violence Against Women Act (VAWA), and employment-based petitions.  In order to achieve the desired goal, our legal services do not end with the filing of documents; hence, the firm is committed to remaining actively involved with every step of the adjudication in reference to each document filed on our client's behalf.  The processing time for residence applications vary from 4-6 months for most family-based applications before the local USCIS offices, depending on the availability of the visa number, the approval of the visa petition (if required), the priority date of a family or employment-based petition.  Immediate relatives of U.S. citizens (parents, spouses, and children under 21) can file for adjustment of status to permanent residence in the United States if they entered the United States legally, are engaged in a bona fide familial relationship (in the case of spouses), and are admissible to the United States.  Cuban nationals who were admitted and/or paroled into the United States are eligible for permanent residence as long as they have been physically present in the United States for one year and are admissible.  The spouse or child of a U.S. citizen/Lawful Permanent Resident or parent of a U.S. citizen who is battered or subject to extreme cruelty may self-petition and apply for permanent residence when his/her petition is approved.  All applicants for permanent residence have to undergo a biometric and fingerprinting process, which checks for criminal records through the FBI data system to insure admissibility to the United States.  Applicants are entitled to apply for employment authorization and perhaps travel documents, while their applications are pending.  As there are distinct requirements for each manner of adjusting status to permanent residence, we highly recommend that you retain competent counsel, such as our firm, to represent you through the convoluted process and assist you with its intricacies to guarantee the best result.   

Asylum:

There are many reasons people come to the United States, but one of the principal ones is they fear returning to their home country because their lives will be in danger.  To qualify for asylum in the United States, you have must apply for said benefit within one-year of your last entry to the country and establish to the satisfaction of the Asylum Officer or the Immigration Judge that you have suffered past persecution or fear future persecution on account of the following protected grounds: race, ethnicity, religion, political opinion, or membership in a particular social group.  The burden of proof that must be met is that there is a reasonable likelihood that the person will be persecuted or fears persecution upon returning to their home country.  This burden is met through a combination of documentary evidence (police reports, newspaper articles, affidavits, etc.) and credible and persuasive testimony.  As this process is documents intensive, we urge you to retain counsel to present your case in the best light.  The processing time before the Miami Asylum Officer is about 3-4 months for an interview and if the asylum application is pending for more than 150 days, the person is eligible to apply for employment authorization.  Before the Immigration Court, the asylum process can take upwards to one year.  Aliens granted asylum are eligible to apply for permanent residence after one-year in asylee status, as well as having the right to petition derivative immediate family members either here in the United States or abroad.  The asylum process and the legal standards needed to sustain one’s burden of proof are complicated and very legal case-specific, so we urge you to retain competent counsel to represent you with your asylum application, especially given the fact that there is a one-year deadline to file.  Before the Immigration Court, it is even more urgent, as the process is confrontational, with the government attorney urging the Court to remove the alien back to his home country.  This process can take in excess of one year before the Immigration Court and fingerprinting services are mandatory.  

Cancellation of Removal:

There are two forms of this relief available to aliens in removal proceedings.  For lawful permanent residents, an alien is eligible to apply if he/she has been a lawful permanent resident for five years, has resided continuously in the United States for seven years after having been admitted into the United States in any status, and has not been convicted of an aggravated felony.  This application for relief is complicated as to who qualifies, given the “stop-time rule” and the forty-three categories of aggravated felonies.  However, if a lawful permanent resident qualifies, the Immigration Judge will cancel a person’s removal if he/she can establish that he/she deserves the benefit as a matter of discretion and the balancing of the positive factors outweigh the negative factors.  The positive factors include residence of long duration, family ties in the United States and abroad, property and business ties, community service, military service, extreme hardship suffered by family members, employment history, country conditions in applicant’s home country, and rehabilitation.  The negative factors include seriousness and recency of criminal record, nature of grounds for removal, additional immigration violations, and other evidence of bad character (failure to pay taxes, etc.)

For non-lawful permanent residents in removal proceedings, an applicant qualifies for cancellation of removal if he/she has been physically present in the United States for a period of not less than 10 years, has been a person of good moral character during such period, has not been convicted of certain offenses, and establishes that removal would result in exceptional and extremely unusual hardship to a USC or LPR spouse, parent, or child.  Again, the requirements for qualifying for this relief are very case-specific, dependent upon the existence of a criminal record and the existence of qualifying relatives and we highly recommend the services of an attorney in Court. 

Both forms of relief are very documents intensive and quite complicated, as the strategy is to present the strongest possible case, given the burdens of proof in both instances are so different and are subject to discretion by the Immigration Judge.  The processing time for these applications is dependent upon the Immigration Judge’s calendar and may take in excess of one year and require fingerprint and biometrics services.      

Consular Processing:
Our firm will help navigate you through all manners of family and employment based immigrant and non-immigrant visas through the various U.S. Embassies around the world and assist you with processing your case through the National Visa Center and the U.S. Department of State.  The processing time for this process varies, dependent on each individual Embassy and the priority date of the visa petition.  This process is very documents intensive as numerous original documents, such as birth and marriage certificates, police clearances, photographs, and divorce decrees must be submitted to the National Visa Center.  Affidavits of support as well as numerous biographic forms must be completed and any issues of unlawful presence, criminal records, all previous deportation (if applicable) may affect a person’s eligibility to receive the immigrant visa abroad.  You need Counsel who is familiar with this process to help navigate you through in the most efficient manner possible.      

Deferred Action Childhood Arrivals (DACA) Program:
For certain undocumented applicants under age 31 who meet certain physical presence and educational and/or military requirements, our office can assist you with obtaining deferred action, a discretionary grant of relief, which allows for the issuance of employment authorization.  Applicants who in unlawful status or who have cases pending before the Immigration Court may qualify for this benefit if they can establish that they are under 31 years of age as of June 15, 2012; came to the U.S. while under the age of 16; have continuously resided in the U.S. from June 15, 2007 to the present; entered the U.S. without inspection before June 15, 2012, or individuals whose lawful immigration status expired as of June 15, 2012; were physically present in the United States on June 15, 2012, and at the time of making the request for consideration of deferred action with USCIS; are currently in school, have graduated from high school, have obtained a GED, or have been honorably discharged from the Coast Guard or armed forces; and have not been convicted of a felony offense, a significant misdemeanor, or more than three misdemeanors and do not pose a threat to national security or public safety.  This process is documents intensive as well, as each requirement must be established to the satisfaction of the Attorney General with evidentiary support.  The processing time for this relief varies, as it is quite recent, but can take up to one year.  Fingerprinting and biometric services are mandatory for this relief. 


Naturalization:
Our firm has years of experience representing clients in obtaining their U.S. citizenship, be it through the application process (N-400) or by derivation (N-600), as well as medical disability exceptions (Form N-648).  A lawful permanent resident who is 18 years or older, has five years of residence (three years if married to a U.S. citizen), good moral character during the statutory period, and has physically been present in the United States for at least one-half of the statutory period is eligible to apply for naturalization.  As in all cases, we urge applicants to retain Counsel before any proceedings before USCIS or the Immigration Court.  Applicants with criminal convictions and/or arrests are especially urged to seek legal counsel before applying for naturalization, as there numerous criminal grounds of inadmissibility and deportability that may affect a resident’s eligibility for naturalization and may even result in the denial of the citizenship application and the referral of the case to the Immigration Court for possible removal.  We also urge all residents to speak with Immigration Counsel prior to traveling abroad if he/she has a criminal conviction (whether it be obtained by a guilty plea, no contest, or adjudication withheld, as all of these are considered convictions for immigration purposes).  Our office has seen numerous cases where a client had a criminal conviction that made him inadmissible but not deportable and vice versa and he/she has traveled abroad or applied for naturalization and been referred to the Immigration Court. The naturalization process requires fingerprinting.

Removal Defense:
For clients undergoing the scary proposition of removal proceedings, please be aware that our office has extensive years of experience in representing clients before the various Immigration Courts in Florida and around the United States.  We have experience with numerous forms of relief to prevent deportation, including adjustment of status, asylum, bond motions, cancellation of removal for lawful permanent residents and non-residents, deferred action and prosecutorial discretion requests, I-751 renewals, renewing TPS applications, voluntary departure, and 212(c)/212(h)/212(i) waivers.  Each of these forms of relief is case-specific and dependent on the facts of each case.  We urge all aliens in removal proceedings to seek a consultation with our office to determine all avenues of relief.

Temporary Protected Status (TPS):
Our office can assist you with obtaining/renewing your Temporary Protected Status and corresponding employment authorization.

Waivers:
Be it with USCIS or the Immigration Court, our firm has extensive experience with not only articulating the necessary persuasive legal arguments but also with the proper documentation/evidence that needs to be submitted to allow for a favorable adjudication of 212(c)/212(h)/212(i) waivers, as well as I-212 Applications to Reapply for Admission and 212(d)(3) waivers.  The types of crimes that normally require waivers are crimes involving moral turpitude, fraud or misrepresentation, or unlawful presence.  Crimes of moral turpitude usually consist of some form of fraud or theft or sexual deviance, which go against the standards of society and shock the conscience.  There are exceptions under the statute, dependent on the sentence and classification of the crime.  The legal standard for these waivers usually is to establish extreme hardship to a qualifying USC/LPR spouse or parent or child, depending on which waiver is required.  Extreme hardship is not defined in the Immigration and Nationality Act but its definition is dependent on case law and interpretation and thus, requires the representation of competent counsel to prepare and present the strongest relevant documentary and testimonial evidence in support of the alien’s case, be it with USCIS or the Immigration Court.

I-601A Waiver:
Beginning March 4, 2013, USCIS will begin accepting provisional waiver applications for aliens who wish to apply for a provisional unlawful presence waiver before they depart the United States to attend immigrant visa interviews in their countries of origin.  Thus, if you are the beneficiary of an immigrant or employment-based petition whose visa number is current and you have incurred more than six months of unlawful presence in the United States, and can establish extreme hardship to a qualifying USC/LPR parent or spouse, you will be eligible to apply for a waiver prior to departing the United States.  This process was just announced at the beginning of this year so we encourage all applicants who believe they qualify to seek a consultation with our office to prepare the paperwork.  Biometrics and fingerprinting are required.

Withholding of Removal and Deferral of Removal Convention Against Torture:
If an alien does not qualify for asylum because he or she did not apply within the one-year deadline or has a criminal conviction that disqualifies them, he/she may apply for withholding of removal.  Again, the alien must establish past persecution or fear of future persecution on account of one of the enumerated grounds listed in the Asylum section.  However, the burden of proof on the alien is higher for withholding than asylum.  Instead of a reasonable likelihood, the alien must establish that there is a clear probability that the alien will be persecuted upon return to his/her home country.  While withholding allows an applicant to apply for employment authorization, it does not lead to permanent residence, unlike asylees.

If the alien does not qualify for withholding of removal, most likely due to some particular criminal conviction (usually an aggravated felony or particularly serious crime), he/she may seek deferral of removal under the U.N. Convention Against Torture.  The burden of proof for this relief is that the alien must establish that there is a clear probability that the alien will be tortured upon return to his home country at the behest or acquiescence of a government official. 

Given the higher standards of proof for both of these forms of relief, we urge all applicants to retain Counsel before presenting said applications to the Immigration Court or Asylum office.  

 

Current countries designated for Temporary Protected Status: El Salvador, Haiti, Honduras, Nicaragua, Somalia, Sudan, South Sudan, and Syria.

El Salvador: Requires continuous residence in the USA since February 13, 2001 and continuous physical presence since March 9, 2001.  The last re-registration period was from January 9, 2012 – March 12, 2012.  The current designation is valid until September 9, 2013.
Haiti: Requires continuous residence in the USA since January 12, 2011 and continuous physical presence since July 23, 2011.  The latest re-registration period is from October 1, 2012 – January 29, 2013.  The current designation is valid until July 22, 2014.
Honduras: Requires continuous residence in the USA since December 30, 1998 and continuous physical presence since January 5, 1999.  The last re-registration period was from November 4, 2011 – January 5, 2012.  The current designation is valid until July 5, 2013.
Nicaragua: Requires continuous residence in the USA since December 30, 1998 and continuous physical presence since January 5, 1999.  The last re-registration period was from November 4, 2011 – January 5, 2012.  The current designation is valid until July 5, 2013.
Somalia: Requires continuous residence in the USA since May 1, 2012 and continuous physical presence since September 18, 2012.  The last re-registration period was from May 1, 2012 – July 2, 2012.  The current designation is valid until March 17, 2014.
Sudan: Requires residence in the USA since January 9, 2013 and continuous physical presence since May 3, 2013.  The latest registration period is from January 9, 2013 – July 8, 2013.  Re-registration deadline is March 8, 2013.  The current designation is valid until November 2, 2014.
South Sudan: Requires residence in the USA since January 9, 2013 and continuous physical presence since May 3, 2013.  The latest registration period is from January 9, 2013 – July 8, 2013.  Re-registration deadline is March 8, 2013.  The current designation is valid until November 2, 2014.
Syria: Requires residence and physical presence in the USA since March 29, 2012.  The latest registration period was from March 29, 2012 – September 25. 2012.  The current designation is valid until September 30, 2013.

To be eligible for TPS, you must:

  • Be a national of a country designated for TPS, or a person without nationality who last habitually resided in the designated country;
  • File during the open initial registration or re-registration period, or you meet the requirements for late initial filing during any extension of your country’s TPS designation;
  • Have been continuously physically present (CPP) in the United States since the effective date of the most recent designation date of your country; and 
  • Have been continuously residing (CR) in the United States since the date specified for your country. (See your country’s TPS Web page to the left). The law allows an exception to the continuous physical presence and continuous residence requirements for brief, casual and innocent departures from the United States. When you apply or re-register for TPS, you must inform USCIS of all absences from the United States since the CPP and CR dates. USCIS will determine whether the exception applies in your case.

You may NOT be eligible for TPS or to maintain your existing TPS if you:

  • Have been convicted of any felony or two or more misdemeanors committed in the United States;
  • Are found inadmissible as an immigrant under applicable grounds in INA section 212(a), including non-waivable criminal and security-related grounds;
  • Are subject to any of the mandatory bars to asylum. These include, but are not limited to, participating in the persecution of another individual or engaging in or inciting terrorist activity;
  • Fail to meet the continuous physical presence and continuous residence in the United States requirements;  
  • Fail to meet initial or late initial TPS registration requirements; or
  • If granted TPS, you fail to re-register for TPS, as required, without good cause.

WHAT IS DOMA?
The Defense of Marriage Act, also known as “DOMA” prevented United States Citizens and Residents from sponsoring their same-sex foreign national spouse for a green card. This means that a US Citizen or Lawful Permanent Resident who married someone of the same sex from a different country was unable to bring their spouse to live legally in the United States in the same way that a Citizen or Resident in a heterosexual marriage is able to. Married LGTB couples were subject to departing from their partner every 90 days to re-apply for a temporary visa to gain access back to their spouse. In June 2013, the United States Supreme Court has ruled DOMA as unconstitutional. Justice Kennedy, while delivering the opinion of the Court stated, “the principal purpose and necessary effect of this law are to demean those persons who are in a lawful same-sex marriage. This requires the Court to hold, as it now does, that DOMA is unconstitutional as a deprivation of the liberty of the person protected by the Fifth Amendment of the Constitution.”


CAN LGTB COUPLES NOW APPLY FOR GREEN CARDS FOR THEIR FOREIGN SPOUSE?
Yes, many LGTB couples will now be able to sponsor their foreign national spouse for a green card in the United States. Now that DOMA has been ruled unconstitutional, LGTB families are to be treated under the same immigration laws as traditional heterosexual families. It is important to note that Immigration laws and procedures are very complicated in the United States and it is still important to contact a knowledgeable attorney to discuss the various issues of one’s own individual circumstances. However, the systematic discrimination of LGTB families in the immigration context is no longer permissible. Applications to adjust status based on marriage, or engagements will no longer be denied solely because the couple leads an alternative lifestyle.


DOES THIS HOLDING ONLY APPLY TO STATES WHERE LGTB MARRIAGES ARE RECOGNIZED?
No. DOMA was a federal law that applied its definition of marriage to all federal programs. The United States Citizenship and Nationality Act (“INA”), the current immigration laws of the United States, may no longer use the definition of marriage as provided in DOMA. This means that as long as you entered into a valid, bona-fide marriage with another individual, that marriage will be recognized under the Federal Immigration Laws regardless of the gender of the married individuals. The United States Citizenship and Immigration Services (“USCIS”) will simply look to see whether you entered into a valid marriage in the STATE or COUNTRY where you were married. As long as you are married in a State or Country that recognizes LGTB marriages, USCIS must accept the marriage as valid (however you must still demonstrate that such marriage was Bona-Fide). This means that LGTB couples married in New York, Canada or elsewhere that such marriages are recognized may adjust their status through their US Citizen spouse.


HOW DOES THIS DECISION EFFECT CIVIL UNIONS OR DOMESTIC PARTNERSHIPS?
It is still unclear whether this decision will affect civil unions and domestic partnerships under federal immigration law. We hope to have guidance on this issue from the Department of Homeland Security and USCIS in the near future. If you believe that this issue affects you, it is important to seek a knowledgeable attorney to guide you on this issue. If you and your partner truly love each other, obtaining a marriage in a place where it is legally permissible can help secure your ability to utilize these benefits.


If you are in a difficult immigration situation and think that the ruling in DOMA may be relevant to your case, we encourage you to seek out an Immigration Attorney to discuss the specific details of your case. There are currently more than 40,000 multi-national LGTB couples in the United States according to the New York Times, and many of them will likely be able to benefit from this decision. If you believe that you and your loved one deserve to live together in the United States, the time to act has arrived.

 

Please Call Us And Let Us Help Your Family!

 

 

If you are seeking Immigration Lawyers, Visa Attorneys, Jason St-Fleur & Associates is available to skillfully and thoughtfully attend to your legal needs.

CONTACT US

Miami Office:
Tel: (305) 947- 2055 Toll Free: 1877 223 4977
Fax: (305) 397- 1807 Fax: 1877 652 3317
Email: Office@stfleur.com

We serve the following States, and all Cities in: Florida, Washington, DC, Virginia, & Maryland.

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