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What Happens If You Receive a Notice to Appear (NTA) in Immigration Court?

Thu, 30 Apr 2026 16:00:40 GMT

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Receiving a Notice to Appear (NTA) can be a frightening and confusing experience. This document means the U.S. government has initiated removal (deportation) proceedings against you in immigration court. However, receiving an NTA does not automatically mean you will be deported . You still have rights and may have options to remain in the United States.

Understanding what an NTA is and what steps to take next can make a significant difference in your case.

What Is a Notice to Appear?

A Notice to Appear (Form I-862) is an official document issued by the Department of Homeland Security (DHS). It informs you that the government believes you have violated U.S. immigration laws and must appear before an immigration judge.

The NTA typically includes:

Your personal information
The immigration laws you are accused of violating
The facts the government is using to support those allegations
The requirement to appear in immigration court

This document begins the formal removal process .

Common Reasons Someone Receives an NTA

People may receive a Notice to Appear for a variety of reasons, including:

Overstaying a visa
Entering the United States without inspection
Violating visa conditions
Criminal convictions
Denial of certain immigration benefits
Immigration status violations

Each case is unique, and the specific allegations listed in the NTA will determine what defenses or immigration relief may be available.

What Happens After You Receive an NTA?

Once you receive a Notice to Appear, your case will move into the immigration court system. The process generally includes several stages.

Master Calendar Hearing

Your first court appearance is usually a Master Calendar Hearing . This is a brief preliminary hearing where the immigration judge will:

Confirm your identity
Review the charges listed in the NTA
Ask whether you admit or deny the allegations
Determine what type of relief from removal you may pursue

If you do not yet have an attorney, the judge may allow time to find legal representation.

Individual Hearing (Merits Hearing)

If you apply for relief from removal, the court may schedule a second hearing known as an Individual Hearing . During this hearing:

Evidence is presented
Witnesses may testify
Your attorney presents legal arguments
The immigration judge evaluates your eligibility for relief

The judge will then decide whether you may remain in the United States or must be removed.

Possible Relief From Deportation

Receiving an NTA does not mean your case is over. Many individuals may qualify for legal defenses or relief from removal depending on their circumstances.

Possible options may include:

Asylum
Cancellation of removal
Adjustment of status
Family-based immigration petitions
Inadmissibility waivers
Protection under humanitarian programs

An immigration attorney can review your situation and determine which options may apply to your case.

Your Rights During Removal Proceedings

If you are facing immigration court proceedings, you still have important rights.

These include:

The right to legal representation (at your own expense)
The right to present evidence
The right to question witnesses
The right to appeal a judge’s decision

If English is not your first language, the court will provide an interpreter during your hearings.

Why It Is Important to Speak With an Immigration Attorney

Removal proceedings are complex and time-sensitive. Missing deadlines, failing to appear in court, or submitting incomplete paperwork can seriously affect your case.

An experienced immigration attorney can:

Analyze the charges in your Notice to Appear
Identify possible defenses
Prepare applications for relief
Represent you in immigration court
Guide you through every step of the process

Immigration Defense in Tampa, Florida

Facing deportation proceedings can be overwhelming, but you do not have to navigate the process alone.

At Diaz Shafer Immigration in Tampa, Florida , our attorneys have extensive experience defending clients in immigration court and helping them explore every available option to remain in the United States.

If you have received a Notice to Appear , contact Diaz Shafer Immigration at 813-303-0650 to schedule a consultation and discuss your case.

Who Can You Sponsor for a Family-Based Green Card?

Thu, 02 Apr 2026 16:00:35 GMT

Who Can You Sponsor for a Family-Based Green Card?

Family-based immigration allows U.S. citizens and lawful permanent residents (green card holders) to bring certain family members to live permanently in the United States. However, not every relative qualifies for sponsorship. U.S. immigration law sets specific eligibility categories based on the relationship between the sponsor and the family member.

If you are considering sponsoring a loved one, understanding who qualifies is the first step in the process.

Immediate Relatives of U.S. Citizens

Immediate relatives receive special priority under U.S. immigration law because there are no annual limits on visas in this category. This means applications can often move faster compared to other family-based petitions.

Immediate relatives include:

Spouses of U.S. citizens
Unmarried children under 21 of U.S. citizens
Parents of U.S. citizens (the sponsoring citizen must be at least 21 years old)

Because these categories are not subject to yearly visa limits, once the application is approved and processed, the family member may proceed toward obtaining lawful permanent resident status.

Family Preference Categories

Family members who do not fall under the “immediate relative” category may still qualify under the family preference system . Unlike immediate relatives, these visas are subject to annual limits, which often creates waiting periods.

The family preference categories include:

F1 – Unmarried adult children (21 or older) of U.S. citizens

F2A – Spouses and unmarried children under 21 of lawful permanent residents

F2B – Unmarried adult children of lawful permanent residents

F3 – Married children of U.S. citizens

F4 – Brothers and sisters of U.S. citizens (the sponsor must be at least 21 years old)

Because these categories are limited by yearly visa quotas, applicants may face waiting times that vary depending on the relationship and the applicant’s country of origin.

Fiancés of U.S. Citizens

U.S. citizens may also sponsor a fiancé through the K-1 fiancé visa . This visa allows the foreign fiancé to enter the United States with the requirement that the couple marry within 90 days of arrival.

After the marriage takes place, the foreign spouse may apply for adjustment of status to become a lawful permanent resident.

Evidence Required to Sponsor a Family Member

To sponsor a family member for a green card, the petitioner must prove that a legitimate qualifying relationship exists. Immigration authorities typically require documentation such as:

Birth certificates
Marriage certificates
Adoption records (if applicable)
Proof of the ongoing relationship
Financial documentation showing the sponsor can support the immigrant

Submitting complete and accurate documentation is essential to prevent delays or denials.

Understanding the Sponsorship Process

Family-based immigration generally begins when the U.S. citizen or green card holder files Form I-130 (Petition for Alien Relative) with U.S. Citizenship and Immigration Services (USCIS). Once approved, the process continues with either:

Adjustment of status if the family member is already in the United States, or
Consular processing if the family member is living abroad.

Each situation can involve different requirements, timelines, and legal considerations.

Legal Guidance for Family-Based Immigration in Tampa

Family immigration cases often involve complex paperwork, strict deadlines, and evolving immigration policies. Having experienced legal guidance can help ensure that your application is prepared correctly and that you understand your options throughout the process.

At Diaz Shafer Immigration in Tampa, Florida , our attorneys help families navigate every stage of family-based immigration—from determining eligibility to preparing petitions and supporting documents.

Do You Qualify for an EB-5 Investor Visa? Investment and Job Creation Requirements Explained

Thu, 05 Mar 2026 17:00:38 GMT

Do You Qualify for an EB-5 Investor Visa? Investment and Job Creation Requirements Explained

For foreign nationals looking to invest in the United States while securing permanent residency, the EB-5 Investor Visa offers a unique opportunity. This employment-based immigrant visa allows eligible investors to obtain a green card by investing in a U.S. business that creates jobs for American workers.

If you are considering investing in the U.S. economy, understanding EB-5 eligibility requirements is essential before committing significant capital.

What Is the EB-5 Investor Visa?

The EB-5 Immigrant Investor Program was created by Congress to stimulate the U.S. economy through job creation and capital investment by foreign investors. Successful EB-5 applicants may obtain lawful permanent residence for themselves, their spouse, and unmarried children under the age of 21.

Unlike many employment-based visas, the EB-5 visa does not require a labor certification or employer sponsorship, making it an attractive option for high-net-worth individuals and entrepreneurs.

Minimum Investment Requirements for an EB-5 Visa

To qualify for an EB-5 visa, an investor must make a qualifying investment in a new commercial enterprise in the United States.

Standard Investment Amount

$1,050,000 invested in a new commercial enterprise

Targeted Employment Area (TEA) Investment

$800,000 if the investment is made in a designated Targeted Employment Area (TEA), which includes rural areas or locations with high unemployment

The investment funds must be lawfully obtained , and investors must be able to document the source of their capital through financial records, tax filings, or business documentation.

Job Creation Requirements

A core requirement of the EB-5 program is job creation. The investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers.

Key job creation rules include:

Jobs must be full-time (at least 35 hours per week)
Positions must be filled by U.S. citizens, lawful permanent residents, or other authorized workers
Independent contractors do not qualify
Jobs must be created within two years of the investor receiving conditional permanent residence

Failure to meet job creation requirements can jeopardize an investor’s ability to remove conditions on their green card.

Direct EB-5 vs. Regional Center Investments

Investors may pursue EB-5 eligibility through either a direct investment or a regional center project .

Direct EB-5 Investment

Investor actively manages or participates in the business
Must directly create 10 qualifying full-time jobs
Greater control but higher operational responsibility

Regional Center EB-5 Investment

Investment made through a USCIS-designated regional center
Job creation may be counted indirectly
Less day-to-day involvement for the investor

Choosing the right structure depends on your investment goals, risk tolerance, and long-term immigration strategy.

EB-5 Application Process Overview

The EB-5 process generally involves:

Filing Form I-526 to demonstrate investment and job creation eligibility
Obtaining conditional permanent residence for two years
Filing Form I-829 to remove conditions and receive permanent residency

Because EB-5 petitions involve large financial commitments and strict documentation requirements, legal guidance is critical at every stage.

Why Work With an EB-5 Immigration Attorney?

EB-5 cases involve complex financial analysis, business planning, and immigration compliance. Even minor errors in documentation or timing can result in delays or denials.

An experienced EB-5 immigration attorney can:

Evaluate your eligibility and investment structure
Review source-of-funds documentation
Ensure compliance with USCIS requirements
Protect both your immigration goals and your investment

EB-5 Investor Visa Attorneys in Tampa, Florida

At Diaz Shafer Immigration , our Tampa-based immigration attorneys guide investors through every step of the EB-5 process. We understand the legal, financial, and strategic considerations involved in EB-5 petitions and provide personalized guidance tailored to each client’s goals.

We offer:

Comprehensive EB-5 eligibility evaluations
Strategic immigration planning
Employment-based immigration experience
Bilingual services — Hablamos Español

Schedule a Consultation Today

If you are considering an EB-5 investment and want to understand whether you qualify, experienced legal counsel can help you move forward with confidence.

Do You Qualify for an EB-1 Visa? Extraordinary Ability Requirements Explained

Thu, 05 Feb 2026 16:45:05 GMT

Do You Qualify for an EB-1 Visa? Extraordinary Ability Requirements Explained

For individuals who have reached the top of their field, the EB-1 visa offers one of the fastest and most powerful pathways to permanent residency in the United States. Often referred to as a “ talent-based” green card , the EB-1 visa is reserved for people with extraordinary ability, outstanding academic achievements, or executive leadership experience.

If you live in Florida or are considering working in the U.S., understanding whether you qualify for an EB-1 visa is the first step toward securing long-term immigration status.

What Is an EB-1 Visa?

The EB-1 visa is a first-preference employment-based immigrant visa that allows qualified individuals to obtain a green card without going through the lengthy labor certification (PERM) process.

This visa category is designed for individuals who have demonstrated exceptional talent, leadership, or recognition in their field and who can continue contributing to the United States.

The Three EB-1 Categories

EB-1 visas are divided into three subcategories:

EB-1A: Extraordinary Ability

For individuals who have achieved national or international recognition in fields such as:

Arts
Sciences
Business
Education
Athletics

A major advantage of the EB-1A category is that no job offer or employer sponsorship is required . Applicants may self-petition.

EB-1B: Outstanding Professors and Researchers

This category is for professors and researchers who are internationally recognized for their academic achievements and have a permanent job offer from a U.S. employer.

EB-1C: Multinational Managers and Executives

This option is for executives or managers who have worked abroad for a qualifying multinational company and are being transferred to a U.S. office.

This blog focuses primarily on EB-1A extraordinary ability , which is the most common talent-based EB-1 category.

What Does “Extraordinary Ability” Mean?

USCIS defines extraordinary ability as a level of expertise indicating that you are among the small percentage who have risen to the very top of your field . This does not mean you must be famous, but you must be able to document sustained recognition and exceptional accomplishments.

EB-1 Extraordinary Ability Requirements

To qualify for an EB-1A visa, you must meet one of the following :

1. One-Time Major Achievement

This includes internationally recognized awards such as:

Nobel Prize
Olympic Medal
Pulitzer Prize
Academy Award

2. At Least 3 of the 10 USCIS Criteria

If you do not have a one-time major award, you must satisfy at least three of the following criteria:

Receipt of nationally or internationally recognized awards
Membership in associations that require outstanding achievements
Published material about you in professional or major media
Participation as a judge of others’ work in your field
Original contributions of major significance
Authorship of scholarly articles or publications
Display of your work at exhibitions or showcases
Leading or critical role for distinguished organizations
High salary or remuneration compared to others in your field
Commercial success in the performing arts

Meeting three criteria alone is not enough. USCIS also conducts a final merits determination , evaluating whether your evidence proves sustained national or international acclaim.

Common Professions That May Qualify

EB-1 visas are available across many industries, including:

Entrepreneurs and business leaders
Engineers and technology professionals
Artists, musicians, and designers
Athletes and coaches
Scientists and medical researchers
Professors and academic scholars

Many applicants underestimate their eligibility because they do not realize how their accomplishments can be structured into a strong legal argument.

Why Legal Guidance Matters for EB-1 Petitions

EB-1 cases are highly document-intensive and legally complex. Even highly accomplished professionals can face denial if their petition is poorly organized or lacks strategic framing.

An experienced immigration attorney can:

Identify which USCIS criteria best apply to your background
Develop compelling legal arguments
Organize evidence effectively
Reduce the risk of delays or Requests for Evidence (RFEs)

EB-1 Visa Attorneys in Tampa, Florida

At Diaz Shafer Immigration , our Tampa-based immigration attorneys help individuals with extraordinary ability evaluate their qualifications and build strong EB-1 visa petitions. We understand how USCIS officers review talent-based cases and tailor each strategy accordingly.

We offer:

In-depth eligibility evaluations
Strategic petition preparation
Employment-based immigration experience
Bilingual services — Hablamos Español

Start Your EB-1 Evaluation Today

If you believe your professional achievements may qualify you for an EB-1 visa, early legal guidance can make a critical difference.

What Is DACA and What Does It Mean for Dreamers in Florida?

Thu, 08 Jan 2026 17:00:09 GMT

What Is DACA and What Does It Mean for Dreamers in Florida?

Deferred Action for Childhood Arrivals (DACA) is a federal immigration policy created to provide temporary protection to certain undocumented individuals who came to the United States as children. Commonly referred to as “Dreamers,” these individuals may qualify for relief from deportation and authorization to work legally in the United States.

At Diaz Shafer Immigration , our attorneys in Tampa, Florida regularly advise Dreamers on their rights, eligibility, and alternative immigration options in light of the evolving legal landscape surrounding DACA.

Understanding What DACA Is—and What It Is Not

DACA provides deferred action , which means that removal (deportation) is temporarily postponed for eligible individuals. It also allows recipients to apply for employment authorization , enabling them to work legally in the U.S. and, in many cases, pursue education and professional opportunities.

However, it is important to understand what DACA does not provide. DACA:

Does not grant lawful permanent residence (a green card)
Does not provide a direct path to U.S. citizenship
Is temporary and subject to ongoing legal challenges

Because of these limitations, many Dreamers may benefit from exploring additional immigration options beyond DACA.

Who May Qualify for DACA?

Eligibility for DACA depends on meeting several specific criteria. In general, applicants must show that they:

Arrived in the United States before their 16th birthday
Have continuously lived in the U.S. since June 15, 2007
Were under the age of 31 on June 15, 2012
Were present in the U.S. without lawful status on that date
Are currently in school, have graduated from high school, obtained a GED, or were honorably discharged from the U.S. Armed Forces or Coast Guard
Have no serious criminal convictions or multiple significant misdemeanors

Each case is unique, and eligibility can be affected by prior immigration history or criminal records. Consulting with an experienced immigration attorney is essential.

The Current Legal Status of DACA

In July 2021, a federal court ruling limited the program, creating uncertainty for new applicants. While current DACA recipients may still be able to renew their status, first-time applications remain restricted pending further court decisions.

Given this uncertainty, Dreamers in Florida should not rely solely on DACA as their long-term immigration strategy. Legal guidance can help identify more stable and permanent solutions.

What DACA Means for Dreamers in Florida

For Dreamers living in Florida, DACA can provide critical short-term stability by allowing lawful employment and protection from removal. However, Florida residents must be especially proactive due to evolving state and federal immigration enforcement priorities.

At Diaz Shafer Immigration, we work closely with Dreamers to evaluate their current status and determine whether they may qualify for alternative immigration benefits that offer greater long-term security.

Alternatives to DACA for Dreamers

Many Dreamers may be eligible for immigration options beyond DACA, including:

Marriage-based green cards through a U.S. citizen spouse
Advance parole , which may allow lawful reentry and open the door to adjustment of status
Family-based immigration through qualifying relatives
Provisional waivers for unlawful presence
Humanitarian options , such as VAWA or U visas, in certain cases

In fact, a significant number of DACA recipients qualify for immigration benefits that provide more permanent status.

Why Work with Diaz Shafer Immigration?

Immigration law is complex, and DACA-related cases require careful analysis and strategic planning. At Diaz Shafer Immigration , our Tampa-based attorneys are committed to providing individualized guidance rooted in compassion and deep legal knowledge.

We offer:

Clear explanations of eligibility and risks
Strategic evaluation of long-term immigration options
Personalized legal advice tailored to your circumstances
Bilingual services — Hablamos Español

Dreamers (DACA) Attorneys in Tampa, Florida

If you are a Dreamer living in Florida and want to understand what DACA means for you—or explore options beyond DACA—experienced legal guidance can make all the difference.

Avoiding Mistakes in the Marriage-Based Immigration Process

Thu, 11 Dec 2025 17:00:22 GMT

Avoiding Mistakes in the Marriage-Based Immigration Process

When love brings two people together across borders, marriage-based immigration provides a pathway for couples to build their lives in the United States. However, while the process can seem straightforward, it is full of legal requirements and detailed paperwork that must be completed correctly. Even small mistakes can result in costly delays, denials, or the need to re-file — adding stress to an already emotional journey.

At Diaz Shafer Immigration , our Tampa attorneys guide couples through every step of the marriage-based immigration process to ensure accuracy, minimize risk, and bring families together as quickly as possible.

Common Mistakes to Avoid

1. Incomplete or Incorrect Paperwork

One of the most common reasons applications are delayed or denied is missing forms, signatures, or supporting documents. USCIS requires exact information, and even minor errors can lead to rejections.

2. Not Proving a Bona Fide Marriage

The U.S. government must be convinced your marriage is genuine, not just for immigration purposes. Couples often make the mistake of providing too little evidence. Submitting joint bank statements, leases, photos, affidavits from friends and family, and proof of communication can help demonstrate authenticity.

3. Overlooking Financial Requirements

The sponsoring spouse must meet income guidelines through the Affidavit of Support (Form I-864) . Failure to prove financial stability can cause delays or denials. In some cases, a joint sponsor may be required.

4. Missing Deadlines and Appointments

Failing to attend biometrics appointments, medical exams, or USCIS interviews can jeopardize your case. Careful tracking of all deadlines is crucial.

5. Not Preparing for the Interview

The marriage-based green card interview is an important step. Couples should be ready to answer personal questions consistently and honestly. Miscommunication or nervousness can raise unnecessary red flags.

How an Immigration Attorney Helps

Working with an experienced attorney ensures you avoid these pitfalls. At Diaz Shafer Immigration, we:

Review and complete all required forms with precision.
Help you gather strong evidence of your relationship.
Advise on financial documentation and joint sponsorship.
Track deadlines and prepare you for your interview.
Provide bilingual support — Hablamos Español.

Start Your Marriage-Based Immigration Journey With Confidence

Bringing your spouse or fiancé to the United States should be an exciting step forward, not a stressful obstacle course. With Diaz Shafer Immigration by your side, you’ll have knowledgeable advocates guiding you every step of the way.

How Long Does Family-Based Immigration Take in Tampa, Florida?

Thu, 16 Oct 2025 16:00:13 GMT

How Long Does Family-Based Immigration Take in Tampa, Florida?

For many families, nothing matters more than being together. If you’re a U.S. citizen or lawful permanent resident, you may have the ability to sponsor your loved ones for a green card through family-based immigration. But one of the most common and stressful questions is: how long will the process take?

Diaz Shafer Immigration , our Tampa family-based immigration attorneys understand the urgency behind every petition. Immigration wait times vary depending on the relationship, the visa category, and even your family member’s country of origin. Here’s what you need to know.

Immediate Relatives: No Waiting Period

The fastest category in family-based immigration is for immediate relatives of U.S. citizens. This includes:

Spouses of U.S. citizens
Unmarried children under 21 of U.S. citizens
Parents of U.S. citizens (if the U.S. citizen is 21 or older)

For these cases, visas are always available, so there is no annual cap and no long waiting list. The process still involves completing forms, submitting documentation, and waiting for government review, but there is no backlog like in other categories.

Preference Relatives: Longer Wait Times

Other family members fall into the “family preference” system, which is subject to yearly limits. These relatives may include:

Unmarried adult children of U.S. citizens (21 or older)
Spouses and unmarried children of lawful permanent residents (green card holders)
Married children of U.S. citizens
Siblings of U.S. citizens (if the U.S. citizen is at least 21 years old)

For these categories, the wait times can range from several years to over a decade , depending on the visa bulletin published by the U.S. Department of State. Countries with higher demand, such as Mexico, the Philippines, India, and China, often face the longest backlogs.

Fiancé(e) Visas: A Special Option

If you are engaged to a U.S. citizen, you may apply for a K-1 fiancé(e) visa. This allows your fiancé(e) to come to the U.S. for marriage, provided the wedding takes place within 90 days of arrival. After marriage, they can apply for permanent residency. This process is often faster than waiting through preference categories.

Why Working With an Attorney Matters

Even when visas are available, paperwork errors, missing documents, or delays in processing can slow things down. At Diaz Shafer Immigration, we:

Determine the best visa strategy for your family.
Help gather and submit accurate documentation.
Track your case through the immigration system.
Work to minimize avoidable delays.

Our mission is to help reunite families as quickly as possible, while ensuring your case is handled correctly from the start.

Take the Next Step With Diaz Shafer Immigration

Every family’s situation is unique, and immigration timelines can vary widely. The best way to get accurate guidance for your case is to work with an experienced attorney who understands the family-based immigration process.

�� Call 813-303-0650 today to schedule a consultation with Diaz Shafer Immigration .

Employment-Based Immigration Attorneys in Tampa, Florida

Tue, 30 Sep 2025 06:05:57 GMT

Employment-Based Immigration Attorneys in Tampa, Florida

Whether you’re an ambitious professional seeking to build a career in the United States or a Florida business looking to hire international talent, employment-based immigration provides the legal path forward. The U.S. immigration system offers several categories of visas for skilled workers, professionals, and executives — but the process is complex.

At Diaz Shafer Immigration , our Tampa-based attorneys guide both individuals and businesses through these procedures with clarity and confidence. With decades of combined experience, we help our clients secure the visas, green cards, and work permits necessary to achieve their goals.

Employment-Based Immigration Options

The U.S. immigration system recognizes several “EB” (employment-based) visa categories, each with its own requirements:

EB-1 Visas (Priority Workers): For individuals with extraordinary ability, outstanding professors and researchers, or multinational managers and executives.
EB-2 Visas (Advanced Degrees/National Interest Waiver): For professionals with advanced degrees or individuals whose work benefits the national interest of the United States.
EB-3 Visas (Skilled Workers & Professionals): For skilled workers, professionals with bachelor’s degrees, and certain unskilled workers where no qualified U.S. workers are available.
EB-5 Investor Visa: For foreign investors who contribute significant capital into U.S. businesses, creating jobs and strengthening the economy.

Each of these categories comes with unique requirements, deadlines, and documentation needs. Our attorneys will evaluate your situation and identify the best option for you.

The Role of Employers in Employment-Based Immigration

For many employment-based visas, U.S. employers play a critical role. Employers may need to:

File petitions with U.S. Citizenship and Immigration Services (USCIS).
Complete a PERM Labor Certification process to show no qualified U.S. workers are available.
Provide job offers and supporting documentation.

At Diaz Shafer Immigration, we help businesses navigate this process smoothly, minimizing the risks of delays and denials.

Why Work With Diaz Shafer Immigration?

Navigating U.S. immigration laws is challenging, especially when your career or business depends on it. By working with our Tampa attorneys, you gain:

Personalized guidance tailored to your unique case.
Experience across all visa categories , including EB-1, EB-2, EB-3, and EB-5.
Support for both individuals and companies , from talented professionals to employers hiring foreign workers.
Spanish-speaking services for bilingual clients: Hablamos Español.

Our mission is to simplify the process and help you take confident steps toward your future in the United States.

Start Your Employment-Based Immigration Journey Today

If you’re ready to explore employment opportunities in the U.S. — or if your Florida company needs to bring in skilled international workers — Diaz Shafer Immigration is here to help.

What to Do If You're Facing Deportation: Your Rights and Legal Options Explained

Thu, 18 Sep 2025 16:00:18 GMT

What to Do If You're Facing Deportation: Your Rights and Legal Options Explained

Facing removal or deportation from the United States can be one of the most overwhelming and distressing experiences in an immigrant’s life. Whether you're dealing with visa overstay, alleged immigration violations, or criminal charges, it’s important to know that you have rights —and legal options. At Diaz Shafer Immigration in Tampa, Florida, we’re committed to helping you fight for your future with knowledgeable, compassionate, and strategic legal support.

You Have the Right to Defend Yourself

The first and most important thing to remember is this: you do not have to go through this alone. As soon as you receive a Notice to Appear (NTA), you are entitled to:

Legal representation (although not at the government’s expense),
An interpreter if English is not your first language,
The opportunity to review the evidence against you, and
The right to present a defense before an immigration judge.

Attempting to manage these proceedings without legal guidance can result in serious consequences—even if your case has valid grounds for relief. An experienced deportation defense attorney can help you understand what’s at stake and what paths forward may exist.

Understanding the Notice to Appear (NTA)

The NTA is the official document that starts your removal proceedings. It outlines:

The government’s allegations against you,
The specific immigration laws you are accused of violating, and
Your scheduled court appearance.

Bring this document to your first consultation with Diaz Shafer Immigration. It provides critical information we need to assess your case and begin building your defense.

What Legal Relief Might Be Available?

Depending on your unique circumstances, several defenses or forms of relief may be available, including:

1. Asylum or Withholding of Removal

If you fear persecution in your home country due to your race, religion, nationality, political opinion , or membership in a particular social group , you may be eligible for asylum or other humanitarian relief.

2. Cancellation of Removal

If you’ve been living in the U.S. for an extended time, have strong family or community ties, and can demonstrate good moral character, you may qualify to apply for cancellation of removal.

3. Adjustment of Status or Green Card Through Family

If you are married to a U.S. citizen or have other qualifying family relationships, you may be able to pursue permanent residency even during removal proceedings.

4. Prosecutorial Discretion or Deferred Action

In certain cases, the government may opt to close or pause your removal case based on humanitarian concerns, health issues, or family hardship.

5. Appeals and Motions

Even if a judge rules against you, you still have the right to file an appeal with the Board of Immigration Appeals. In many cases, this delays removal while your appeal is pending.

Why Choose Diaz Shafer Immigration

Our Tampa-based team has years of experience navigating the complexities of U.S. immigration courts. We’ve helped clients from all walks of life:

Avoid removal by uncovering overlooked defenses,
Win relief based on credible fear or persecution,
Reopen cases that were unjustly denied, and
Secure lawful status through family or humanitarian options.

We act quickly, think strategically, and advocate relentlessly.

Act Now—Your Defense Starts Today

Removal proceedings move fast. The sooner you speak to an experienced attorney, the more time you have to build a strong case. Let Diaz Shafer Immigration guide you through every step and stand by your side in court.

Bringing Your Fiancé to the U.S.: A Step-by-Step Guide to the K-1 Visa

Thu, 21 Aug 2025 16:00:34 GMT

Bringing Your Fiancé to the U.S.: A Step-by-Step Guide to the K-1 Visa

Finding love across borders is a beautiful thing—but navigating the U.S. immigration process to reunite with your fiancé can be complex. If you're a U.S. citizen and ready to begin your life together with a foreign fiancé, the K-1 visa is the key to bringing them to the United States legally and starting your journey toward marriage and permanent residency. At Diaz Shafer Immigration in Tampa, Florida, we’re here to guide you every step of the way.

What Is the K-1 Fiancé Visa?

The K-1 visa allows a U.S. citizen to bring their foreign fiancé to the United States to get married. Once your fiancé arrives in the U.S., you must marry within 90 days —a hard deadline with no exceptions. After marriage, your spouse can apply for adjustment of status to obtain a green card and begin the path to permanent residency.

The K-1 Visa Process: Step by Step

File Form I-129F (Petition for Alien Fiancé(e))
This form establishes the legitimacy of your relationship. You must prove you’ve met in person within the last two years and that you are both legally free to marry.
USCIS Approval & NVC Processing
After approval, the petition goes to the National Visa Center, which forwards it to the U.S. embassy or consulate in your fiancé’s country.
Fiancé Visa Interview
Your fiancé attends an interview and medical examination. If approved, they’ll receive a visa to travel to the U.S.
Marriage Within 90 Days
Once your fiancé enters the U.S., you must marry within 90 days. Afterward, they can apply for a green card by filing Form I-485.

Why Work With Diaz Shafer Immigration?

Applying for a K-1 visa involves strict deadlines, detailed documentation, and complex legal requirements. Diaz Shafer Immigration offers trusted legal guidance to ensure you avoid costly mistakes or delays. From filing your petition to preparing for interviews, we’re with you every step of the way. Let us help you focus on your relationship while we handle the legal path to permanent residency.

How to Qualify for an EB-1 Visa: Talent-Based Green Cards Explained

Thu, 24 Jul 2025 16:00:12 GMT

How to Qualify for an EB-1 Visa: Talent-Based Green Cards Explained

If you’ve reached the top of your field—whether it's science, education, the arts, athletics, or business—you may qualify for one of the most prestigious U.S. immigration options available: the EB-1 visa . This employment-based visa grants permanent residency to individuals who have demonstrated extraordinary ability and earned national or international recognition .

At Diaz Shafer Immigration in Tampa, Florida, we understand how to present your professional achievements in the strongest possible light. Our team has helped clients from a wide range of industries secure green cards through the EB-1 category—and we can help you too.

What Is the EB-1 Visa?

The EB-1 visa is a first-preference employment-based immigrant visa for individuals with exceptional qualifications. Unlike many employment visas, the EB-1 has a shorter wait time , and in some subcategories, does not require a U.S. employer sponsor . The EB-1 is divided into three subcategories:

EB-1A : Individuals with extraordinary ability in sciences, arts, education, business, or athletics.
EB-1B : Outstanding professors or researchers with international recognition.
EB-1C : Multinational managers or executives being transferred to a U.S. office.

Eligibility Criteria for the EB-1A Visa

To qualify for an EB-1A visa , you must prove that you’ve sustained national or international acclaim in your field. USCIS typically requires evidence such as:

Major internationally recognized awards or honors
Published material about you in professional or major trade publications
Original contributions of significance to your field
Membership in associations that require outstanding achievements
Participation as a judge of others’ work
High salary compared to others in your field
Employment in a critical capacity for prestigious organizations

You must meet at least 3 out of 10 criteria listed by USCIS—or provide evidence of a one-time achievement , like a Pulitzer or Olympic medal.

Why Choose the EB-1 Route?

No labor certification required
Self-petitioning possible for EB-1A (no job offer needed)
Faster processing time compared to many other green card categories
Direct pathway to permanent residency

Let Diaz Shafer Immigration Help You Succeed

Navigating the EB-1 application process takes more than just gathering awards. You need a compelling legal strategy that clearly demonstrates why you qualify. That’s where we come in.

At Diaz Shafer Immigration, our experienced attorneys:

Help you identify and gather qualifying evidence
Craft persuasive arguments aligned with USCIS standards
Manage the complex application paperwork and filings
Guide you through every step toward green card approval

Your extraordinary ability deserves recognition—and a future in the United States.

What Is an Inadmissibility Waiver?

Thu, 05 Jun 2025 17:00:03 GMT

What Is an Inadmissibility Waiver?

When applying for a visa, green card, or other immigration benefits, some individuals may be deemed inadmissible to the United States due to past legal violations, health concerns, or other factors. This means they are legally barred from entering or staying in the country. Common reasons for inadmissibility include criminal records, prior immigration violations, misrepresentation, or certain medical conditions. However, in some cases, an inadmissibility waiver may provide an opportunity to overcome these barriers.

How an Inadmissibility Waiver Works

An inadmissibility waiver is a legal request asking immigration authorities to overlook specific grounds of inadmissibility. The U.S. government recognizes that certain individuals have compelling reasons to remain in or enter the country, despite their inadmissibility. Depending on the type of waiver requested, applicants must demonstrate that denying entry would cause hardship to a qualifying U.S. citizen or lawful permanent resident relative. The process varies based on the specific immigration application and the reason for inadmissibility.

Types of Inadmissibility Waivers

Different types of waivers are available depending on the reason for inadmissibility. The I-601 waiver is often used for family-based immigration cases where an individual must show extreme hardship to a spouse, parent, or other qualifying relative. The I-601A provisional waiver applies to unlawful presence cases, allowing applicants to seek a waiver before leaving the U.S. to complete visa processing abroad. Other waivers apply to health-related inadmissibility, criminal convictions, or fraud and misrepresentation. Each waiver type has specific eligibility requirements and evidence that must be provided.

The Impact of an Inadmissibility Waiver on Immigration Cases

Receiving an inadmissibility waiver can significantly affect an immigration case by allowing the applicant to proceed with their visa or green card application. However, approval is not guaranteed. U.S. Citizenship and Immigration Services (USCIS) carefully reviews each request, considering the applicant’s background, family ties, and the potential consequences of denial. If a waiver is granted, it removes the inadmissibility barrier, but applicants must still meet all other immigration requirements. If denied, options for appeal or reapplication may be available.

Seeking Guidance on the Waiver Process

Applying for an inadmissibility waiver involves detailed documentation and legal arguments to prove eligibility. Since every case is unique, it is important to gather strong evidence and submit a well-prepared application. Working with an experienced immigration attorney can improve the chances of success by ensuring that all legal requirements are met and that the waiver request is presented effectively.

For those facing inadmissibility issues, Diaz Shafer Immigration in Tampa, Florida, provides legal assistance with waiver applications. Contact our office to discuss your situation and explore the best path forward.

What is Employment-Based Immigration?

Thu, 01 May 2025 17:00:03 GMT

What is Employment-Based Immigration?

The United States offers numerous opportunities for foreign nationals seeking employment through employment-based immigration. This process allows individuals with specific skills, experience, or job offers to obtain legal work authorization. Employment-based immigration is divided into different categories based on qualifications and job types. Understanding these categories can help workers and employers pursue the best option for their needs.

Types of Employment-Based Visas

Employment-based immigration is classified into preference categories, each designed for different skill levels and professions. The EB-1 visa is for individuals with extraordinary abilities, outstanding professors, researchers, and multinational executives. The EB-2 visa is for those with advanced degrees or exceptional abilities, often requiring a labor certification. The EB-3 visa covers skilled workers, professionals, and unskilled workers filling labor shortages. Additional options, such as the EB-4 and EB-5 visas, exist for special immigrant groups and investors.

Eligibility Requirements

Each employment-based visa has specific requirements that applicants must meet. For example, EB-1 applicants must demonstrate significant achievements in their field, while EB-2 applicants typically need a job offer and an approved labor certification unless they qualify for a national interest waiver. EB-3 applicants must have an employer sponsor and meet educational or experience criteria. Employers play a crucial role in the process, often submitting petitions and verifying that hiring foreign workers will not negatively impact U.S. workers.

Application Process

The application process for employment-based visas involves several steps. Most categories require an employer to file a petition with U.S. Citizenship and Immigration Services (USCIS). Some visas, such as EB-2 and EB-3, also require a labor certification from the Department of Labor, ensuring that no qualified U.S. workers are available for the position. Once approved, applicants may apply for a visa at a U.S. embassy or consulate or adjust their status if already in the country. Processing times vary based on the visa category and applicant’s country of origin.

Benefits of Employment-Based Immigration

Employment-based immigration provides opportunities for foreign nationals to build careers in the U.S. while helping employers address labor shortages. Many employment-based visa holders can apply for lawful permanent residency, allowing them to live and work in the U.S. indefinitely. For businesses, sponsoring foreign workers can bring valuable skills and global expertise to their workforce. These visas also open pathways for family members to join workers in the U.S., contributing to long-term stability.

Employment-based immigration serves as a vital pathway for skilled professionals, investors, and workers seeking career opportunities in the United States. With multiple visa options available, foreign nationals and employers can find solutions that align with their needs. Proper preparation and a clear understanding of eligibility requirements can make the process more efficient, leading to long-term success for both workers and businesses.

What Qualifies a Detainee for a Bond Hearing?

Thu, 03 Apr 2025 17:00:02 GMT

What Qualifies a Detainee for a Bond Hearing?

When an individual is detained by Immigration and Customs Enforcement (ICE), the possibility of securing a bond hearing becomes a critical concern. A bond hearing provides an opportunity to request release from detention while immigration proceedings continue. However, not every detainee is eligible. Immigration judges consider several factors when determining if a person qualifies for a bond hearing and whether they should be released on bond.

Who Is Eligible for a Bond Hearing?

Not all detainees have the right to a bond hearing. Generally, individuals who do not have a serious criminal history and are not considered a threat to public safety may qualify. Those with prior deportation orders or certain aggravated felony convictions may be subject to mandatory detention, meaning they are not eligible for bond. Each case is different, and eligibility often depends on the details of the detainee’s immigration and criminal history.

Factors Considered in a Bond Hearing

During a bond hearing, an immigration judge evaluates multiple factors to determine whether the detainee should be released. These factors include the person’s criminal record, immigration history, family ties in the U.S., employment status, and overall community involvement. The judge will assess whether the detainee poses a flight risk or a danger to society. A strong case demonstrating good moral character and stable connections to the community can improve the chances of being granted bond.

How Bond Amounts Are Determined

If a detainee qualifies for bond, the immigration judge will set an amount based on the specifics of the case. Bond amounts typically start at $1,500 but can be much higher depending on factors such as flight risk and criminal background. The goal of the bond is to ensure that the individual will appear at future immigration hearings. Family members or friends can pay the bond amount directly to ICE or use an immigration bond service to secure the detainee’s release.

Options If a Bond Request Is Denied

If a judge denies bond, the detainee may have the option to request a bond redetermination hearing or file an appeal with the Board of Immigration Appeals (BIA). In some cases, providing additional evidence of strong community ties, employment, or rehabilitation from past offenses can lead to a different outcome. Legal representation can be helpful in preparing a strong argument for release and exploring alternative legal options.

A bond hearing can provide a pathway for detainees to secure release while their immigration case proceeds, but eligibility depends on several legal and personal factors. Understanding the qualifications for a bond hearing can help detainees and their families prepare for the process. Those facing detention should gather supporting evidence and seek guidance to improve their chances of release.

Investing in the American Dream: An EB-5 Strategy Guide

Thu, 06 Mar 2025 16:00:01 GMT

As the world’s largest economy and a beacon for entrepreneurs and innovators, the United States presents a compelling destination for those seeking to merge opportunity and legacy. For many foreign investors, the EB-5 Immigrant Investor Program provides a strategic, time-tested route to permanent residency. By making a qualifying investment in a U.S. commercial enterprise, participants can bolster the American economy, create jobs, and secure a future for themselves and their families on U.S. soil. At Diaz Shafer Immigration in Tampa, Florida, our experienced attorneys understand the complexities and nuances of the EB-5 process, and we strive to guide our clients toward a successful, sustainable investment strategy.

EB-5 Basics: Understanding the Requirements

To qualify for an EB-5 visa, foreign investors must meet key thresholds. The current minimum investment amount is $1,050,000, or $800,000 if the project is located in a Targeted Employment Area (TEA)—a region experiencing high unemployment or rural conditions. Additionally, the investment must create at least 10 full-time U.S. jobs. Though the criteria may seem straightforward, every component demands meticulous attention, from verifying the source of funds to ensuring compliance with job creation requirements. At Diaz Shafer Immigration, we help clients understand these essential components and ensure that no detail is overlooked.

Selecting the Right Investment Model

EB-5 investors typically choose between two primary models: direct investment and regional center projects. Direct investments involve placing capital directly into a new or existing U.S. business and actively overseeing its operations. In contrast, regional center investments often provide a more passive approach, allowing investors to place their funds into pre-approved entities that pool capital and streamline the job creation verification process. Our lawyers at Diaz Shafer Immigration work closely with clients to identify an approach that aligns with their comfort level, risk tolerance, and long-term financial and immigration goals.

Due Diligence and Mitigating Risk

Due diligence is a cornerstone of a successful EB-5 strategy. Thoroughly vetting potential projects is critical to understanding the likelihood of meeting job creation requirements and protecting one’s financial investment. In addition, maintaining compliance with all immigration regulations is paramount to securing and keeping your green card. With the counsel of our knowledgeable team, investors gain the confidence that their chosen venture is grounded in transparent financials, credible business plans, and sound legal structuring. By focusing on strategic planning, we help reduce uncertainty and set the stage for a secure investment journey.

Conditional Status to Permanent Residency

Securing an EB-5 visa is a multi-stage process. After gaining conditional residency, investors must demonstrate that their capital remained at risk and the required jobs were created before applying to remove conditions and obtain permanent residency. This can involve complex evidence-gathering and tracking business performance over several years. At Diaz Shafer Immigration, we work hand-in-hand with our clients through every phase, from the initial application to the final condition removal. With our careful guidance, investors understand their responsibilities, anticipate potential challenges, and navigate each step with clarity.

Embarking on the EB-5 journey is about more than simply investing capital—it’s about investing in your future, your family’s legacy, and the American dream. While the process can seem daunting, having a trusted partner can make all the difference. At Diaz Shafer Immigration, we pride ourselves on offering tailored advice, unwavering support, and personalized strategies that position our clients for lasting success. By approaching the EB-5 program with diligence, strategy, and professional guidance, you can lay a solid foundation for a prosperous life in the United States.

Reuniting Families: Family-Based Immigration in Florida

Thu, 06 Feb 2025 16:00:05 GMT

In a world shaped by migration, family ties transcend borders. Loved ones separated by oceans and time zones yearn to reunite and establish new lives together in the United States. Family-based immigration has long served as a cornerstone of American immigration law, reflecting the country’s foundational values of kinship, compassion, and stability. At Diaz Shafer Immigration, located in Tampa, Florida, we believe that every family deserves the chance to be whole. From guiding clients through the application process to helping them overcome hurdles, our mission is to reunite and strengthen immigrant families within the Sunshine State and beyond.

Family-Based Immigration Categories

Family-based immigration is primarily rooted in familial relationships with U.S. citizens or lawful permanent residents (LPRs). Immediate relatives, such as spouses, unmarried children under 21, and parents of U.S. citizens, typically receive priority due to their close relationship. Other family members—such as siblings of U.S. citizens, married children, or relatives of LPRs—face varying levels of complexity and longer waiting times depending on their visa category. At Diaz Shafer Immigration, we help clients understand their family’s eligibility, the relevant petition categories, and the general steps involved, ensuring clarity every step of the way.

Eligibility and Overcoming Challenges

To unite with loved ones, applicants must navigate a detailed documentation process. Proving the validity of family relationships, understanding the affidavit of support requirements, and meeting medical and background checks can be daunting. Additionally, changing immigration policies and shifting priorities at U.S. embassies and consulates may impact wait times and the level of scrutiny. Our experienced attorneys diligently review all aspects of your case and tailor strategies to address potential challenges. From identifying potential issues early on to offering tailored solutions, our goal is to help clients present their best case and reduce the likelihood of unnecessary delays or denials.

Adjusting Status vs. Consular Processing

The path to securing a family-based green card may differ depending on your current location. If eligible family members are already in the United States, they may be able to adjust status without returning to their home country. However, if a relative resides abroad, the process generally involves consular processing at a U.S. embassy or consulate. Both methods require comprehensive paperwork, but each presents its own complexities and potential setbacks. Diaz Shafer Immigration’s dedicated team carefully evaluates each family’s circumstances to determine the most efficient route, guiding clients through every phase—from the initial petition to the eventual green card issuance.

Life After: Integration and Next Steps

Once family members obtain their green cards, they begin the journey of making the United States their long-term home. While gaining lawful permanent residence is a crucial step, it is often just the start of the greater American experience. Individuals and families may consider paths to U.S. citizenship, explore educational and career opportunities, and integrate into their communities. Our support doesn’t end once the green card is granted. Diaz Shafer Immigration provides ongoing guidance to families as they adapt to their new circumstances, helping them understand their rights, responsibilities, and the resources available to ensure a smooth transition.

Reuniting families is about much more than paperwork and processes—restoring the bonds that shape our lives, memories, and futures. In Florida’s dynamic and diverse environment, family-based immigration provides hope, stability, and a path toward building a rich shared life on American soil. With Diaz Shafer Immigration at your side, you’ll gain an ally deeply committed to bridging borders, overcoming obstacles, and reuniting loved ones.

Dreams Defended: Navigating DACA in Challenging Times

Thu, 09 Jan 2025 15:00:02 GMT

In an increasingly complex immigration landscape, many young people who arrived in the United States as children—often referred to as “Dreamers”—look to the Deferred Action for Childhood Arrivals (DACA) program as a beacon of hope. DACA offers these individuals temporary protection from deportation and the opportunity to work legally and further their education. Yet, navigating the DACA process can feel daunting as policy changes continue to stir uncertainty. At Diaz Shafer Immigration, we are committed to guiding Dreamers through this evolving terrain, providing knowledgeable support, and advocating for their rights, futures, and dreams.

Current DACA Landscape

The DACA program was designed to allow eligible young immigrants to remain in the U.S. lawfully, often enabling them to pursue higher education, stable employment, and meaningful contributions to their communities. However, political and legal challenges have tested the program’s durability. Court decisions and legislative wrangling frequently alter the rules, leaving applicants unsure of how to move forward. At Diaz Shafer Immigration, we monitor every policy shift, court ruling, and government announcement to ensure that our guidance is current, accurate, and actionable.

Eligibility and Requirements: What You Need to Know

For those considering DACA for the first time or navigating the renewal process, it’s crucial to understand the qualifications. To be eligible, applicants must have arrived in the United States before their 16th birthday, continuously resided here for several years, and meet specific educational or military service criteria. Detailed documentation, thorough background checks, and attention to application deadlines are essential. The legal professionals at Diaz Shafer Immigration assist clients in compiling complete applications, double-checking details, and ensuring that all eligibility criteria are met, giving applicants greater confidence as they pursue their DACA status.

Renewal Strategies Amid Uncertainty

The shifting legal environment can make DACA renewals more challenging. While the future of DACA remains a point of debate, current policy allows many recipients to continue renewing their deferrals. Timing, accuracy, and forward-looking strategies are critical. Our team works closely with clients to determine the best renewal schedule, compile up-to-date evidence of continuous residency, and avoid pitfalls that could delay the process. By staying proactive and prepared, Dreamers can protect their status and maintain the opportunities DACA provides while broader legislative solutions are sought.

Beyond DACA: Long-Term Options

While DACA offers valuable temporary relief, it does not confer permanent legal status. As a result, it’s prudent to think ahead and consider long-term immigration solutions. Whether it’s applying for a family-based visa, exploring employment-based options, or preparing for a future adjustment of status, charting a path forward requires careful planning and professional guidance. At Diaz Shafer Immigration, we don’t just assist with immediate needs; we help clients develop comprehensive immigration strategies designed to secure their futures, safeguard their rights, and help them thrive.

For countless young individuals who grew up calling the United States home, DACA represents a lifeline—a chance to remain, work, and build a future in a country they know as their own. Though the program’s legal landscape remains uncertain, knowledge and diligent preparation can illuminate the path. The Diaz Shafer Immigration team stands ready to help Dreamers understand their options, navigate the DACA process, and passionately advocate for their rights. Together, we can defend dreams and help ensure that the promise of America’s future remains open to all who call this nation their home.

The Naturalization Process: Your Path to U.S. Citizenship

Thu, 12 Dec 2024 19:15:00 GMT

Becoming a U.S. citizen is a significant milestone that opens doors to new opportunities and responsibilities. The process of naturalization is how individuals not born in the United States can become citizens, but it’s a journey that requires careful preparation and attention to detail. At Diaz Shafer Immigration , we are here to guide you through every step of this complex and rewarding process.

What Is Naturalization?

Naturalization is the legal process through which a foreign national becomes a U.S. citizen. This process grants individuals all the rights and privileges of citizenship, including the ability to vote, travel with a U.S. passport, and apply for certain government jobs.

To begin the naturalization process, you must meet specific eligibility criteria, submit the required application, and complete several steps, including an interview and citizenship test.

Steps in the Naturalization Process

Determine Eligibility:
To qualify for naturalization, you must meet basic requirements, such as:

Being at least 18 years old.
Holding lawful permanent resident (green card) status for at least 5 years (or 3 years if married to a U.S. citizen).
Demonstrating good moral character.
Passing an English and civics test.

Prepare and Submit Form N-400:
The Application for Naturalization (Form N-400) is the official form to begin the process. This application includes detailed questions about your background, residency, and eligibility.
Biometric Appointment:
After submitting your application, USCIS will schedule a biometric appointment where your fingerprints, photograph, and signature will be collected.
Naturalization Interview and Civics Test:
You will attend an interview with a USCIS officer, where you’ll answer questions about your application and take the civics and English tests.
Oath of Allegiance:
Once your application is approved, you’ll attend a naturalization ceremony where you take the Oath of Allegiance, officially becoming a U.S. citizen.

Changes to the Naturalization Process

Immigration policies and procedures, including naturalization, are subject to updates and changes. Proposed adjustments to the naturalization test, eligibility criteria, or processing times may impact your journey to citizenship. Additionally, changes to related immigration processes, such as green card renewals or family-based petitions, can also influence your timeline.

Keeping up with these updates can be overwhelming, but working with experienced immigration attorneys, like those at Diaz Shafer Immigration, ensures you are informed and prepared for any changes that may affect your case.

Why Contact Diaz Shafer Immigration?

The journey to U.S. citizenship is life-changing, but it requires thorough preparation and careful adherence to evolving laws and regulations. At Diaz Shafer Immigration , we specialize in guiding individuals and families through every step of the naturalization process.

With potential changes to the naturalization process on the horizon, working with our experienced team ensures you are always informed and prepared. Whether you’re starting your application or facing complications with your case, we are here to provide the personalized guidance you need.

Marriage-Based Immigration Visas in Florida

Thu, 14 Nov 2024 14:15:00 GMT

If you are a Florida resident looking to bring your foreign partner to the United States through marriage, it's important to understand the different immigration visa options available. With the help of an experienced attorney, you can navigate the process with ease and ensure that you choose the right visa for your specific situation.

Which Visa is Right for Us?

The first step in determining which marriage-based immigration visa to apply for is to consider your individual circumstances. If you are already married to a foreign national and wish to sponsor them for permanent residency, you may be eligible for a spousal visa such as the CR1 or IR1 visa. These visas allow your spouse to live and work in the United States while their green card application is being processed.

In some cases, couples may choose to apply for a K-3 visa, which allows the foreign spouse to come to the U.S. as a nonimmigrant while their immigrant visa application is pending. This can be a faster option for those who wish to reunite with their spouse sooner rather than later.

Another option is the fiancé(e) visa, known as the K-1 visa, which allows a U.S. citizen to bring their foreign fiancé(e) to the United States for the purpose of getting married within 90 days of arrival. Once married, the foreign spouse can apply for adjustment of status and obtain permanent residency.

Work With The Right Team

Working with an experienced immigration attorney can help you determine which visa option is best suited for your situation. An attorney can assess your eligibility, review your documentation, and guide you through each step of the application process. They can also help address any potential issues or complications that may arise during the process.

Marriage-based immigration visas can be complex and overwhelming without proper guidance. By working with an experienced attorney like Diaz Shafer Immigration in Florida, you can ensure that you choose the right visa option for your specific circumstances and successfully navigate through each step of the application process. Don't hesitate to seek professional assistance when it comes to bringing your foreign partner to the United States - it's crucial in achieving a successful outcome.

Immigration Appeals with Diaz Shafer Immigration in Tampa, Florida

Thu, 17 Oct 2024 12:00:09 GMT

Have you recently had your immigration petition denied? Don't lose hope just yet. Diaz Shafer Immigration, a leading immigration law firm in Tampa, Florida, is here to help you navigate the appeals process. With our experience, we can assist you in sending your appeal to the Board of Immigration Appeals, giving you a chance to have your case reassessed and potentially overturned.

You Have Options

When your immigration petition is denied, it can feel like the end of the road. However, it's important to remember that there are still options available to you. Seeking the guidance of skilled immigration attorneys can make all the difference in successfully appealing a denial. At Diaz Shafer Immigration, our team is well-versed in immigration law and has a proven track record of helping clients navigate the appeals process effectively.

The BIA

The Board of Immigration Appeals (BIA) plays a crucial role in the appeals process. As an administrative appellate body within the Department of Justice, they have the authority to review decisions made by the USCIS and Immigration Court. This means that if your petition has been denied unjustly or due to a misunderstanding, the BIA can potentially reverse that decision and grant you relief. With Diaz Shafer Immigration by your side, you can trust that your appeal will be handled with care.

We've Got You Covered

In addition to appealing denials, Diaz Shafer Immigration also offers assistance with other immigration matters such as green card applications, visa petitions, citizenship applications, and more. Our team understands how complex and overwhelming navigating the U.S. immigration system can be, which is why we are dedicated to providing personalized attention and tailored solutions for each client.

If you've recently had your immigration petition denied in Tampa, Florida or surrounding areas, don't despair. Diaz Shafer Immigration is here to help you navigate the appeals process with confidence and ease. With our experienced attorneys by your side, you can rest assured that your case will be handled with professionalism and dedication. Contact Diaz Shafer Immigration today to schedule a consultation and take the first step towards achieving your immigration goals.

U-Visas and How They Can Help Victims of Crime

Thu, 19 Sep 2024 12:15:00 GMT

If you have been a victim of a crime in the United States, you may be eligible for a U-Visa. This special type of visa is designed to protect victims of certain crimes and assist law enforcement agencies in their investigations. In this blog post, we will explore what a U-Visa is, who qualifies for it, and how it can help victims seek justice.

Eligibility

To be eligible for a U-Visa, you must have been the victim of at least one qualifying crime. These crimes include but are not limited to domestic violence, sexual assault, human trafficking, and other serious offenses. You must also have suffered physical or psychological harm as a result of the crime. Additionally, you must be willing to cooperate with law enforcement agencies in their investigation into the crime. This cooperation may involve providing information, testifying in court, or assisting in other ways that help authorities bring the perpetrator to justice.

Temporary Legal Status

Once granted a U-Visa, you will receive temporary legal status in the United States for up to four years. During this time, you may be eligible to work and live in the country legally. The U-Visa also provides protection from deportation while law enforcement works on prosecuting the criminal responsible for your victimization. After three years of holding a U-Visa, you may be eligible to apply for lawful permanent residency (green card) in the United States.

Professional Assistance

If you believe you qualify for a U-Visa and need assistance navigating the application process, consider seeking help from experienced immigration attorneys like Diaz Shafer Immigration based in Tampa, Florida. Our team is dedicated to helping victims of crime obtain the justice they rightfully deserve through legal means. We understand how traumatic it can be to experience such events and are here to support you every step of the way.

A U-Visa can provide much-needed relief and protection for victims of crime in the United States. By understanding what a U-Visa entails and how it can benefit those who qualify for it, individuals can take steps towards seeking justice and regaining control over their lives after experiencing trauma. If you or someone you know has been a victim of crime and may be eligible for a U-Visa, reach out to compassionate immigration attorneys like Diaz Shafer Immigration who can guide you through the process with care. Remember that help is available, and no one should have to face these challenges alone.

Removal and Deportation Proceedings with an Immigration Attorney

Thu, 22 Aug 2024 14:30:00 GMT

When you find yourself facing removal or deportation from the United States, it can be a stressful experience. Whether it's due to overstaying your visa, violating visa conditions, unlawful entry, or criminal convictions, the stakes are high, and you need the right support to navigate through this challenging process. This blog will explore how having an experienced immigration attorney by your side can make a significant difference in your case during removal proceedings.

An experienced immigration attorney can assess your situation and determine the best course of action for your case in removal proceedings. They will explain the charges against you and advise you on potential defenses that could help you avoid deportation. Depending on the circumstances of your case, they may also assist you with applying for relief from removal, such as asylum, cancellation of removal, or adjustment of status.

Having an immigration attorney from Diaz Shafer Immigration by your side during removal proceedings can greatly improve your chances of success. We are well-versed in immigration law and know how to navigate the complicated legal system effectively. We will ensure that all necessary paperwork is filed correctly and on time, and we can also represent you in court hearings.

Facing removal or deportation is a serious matter that requires professional legal guidance. By working with an immigration attorney who understands the intricacies of immigration law and has experience handling removal cases, you can increase your chances of achieving a favorable outcome. Don't try to navigate this complex process alone - seek out a qualified attorney who can advocate for your rights and help you stay in the country.

In conclusion, if you are facing removal or deportation proceedings in the United States, it's crucial to have an experienced immigration attorney on your side. With their knowledge of immigration law and dedication to protecting your rights, they can provide valuable guidance and representation throughout this challenging process. Remember that you have options available to fight against deportation - don't hesitate to seek out legal assistance to secure your future in this country.

By partnering with Diaz Shafer Immigration for legal representation during removal proceedings, you can take proactive steps towards resolving your case positively and continuing to live in the United States. Contact us today for a consultation to discuss how we can help you navigate through this difficult time with confidence.

Under Persecution In Your Home Country? Asylum Might Be The Answer

Thu, 25 Jul 2024 14:15:00 GMT

If you or a loved one is facing unsettling circumstances or threats in your native country – or if the fear of such circumstances if you were to return – the U.S. government provides an opportunity for you to seek asylum in America regardless of your immigration status, provided you fulfill particular criteria. This disturbing circumstance must be a result of your nationality, ethnicity, political beliefs, religion, or your involvement in a socially stigmatized group. Moreover, you are required to offer a sworn statement explaining the reasons behind your departure from your homeland and the reasons that make you afraid to return.

The process of seeking asylum in the United States can be overly complicated, but it is a necessary step for many individuals who are facing persecution or danger in their home country. Asylum seekers must meet certain criteria to be eligible for protection under U.S. law, including being unable or unwilling to return to their country due to fear of persecution.

There are various reasons why someone may seek asylum in the United States. This could include being targeted because of one's race, religion, nationality, political beliefs, sexual orientation, or membership in a specific social group. It is important to note that seeking asylum is not just reserved for those fleeing war-torn countries or violent regimes; anyone who faces persecution and cannot rely on their government for protection may be eligible.

Seeking asylum can be an intimidating process, involving extensive paperwork and interviews with immigration officials. However, having an experienced immigration attorney by your side can greatly increase your chances of success. An attorney can help guide you through the application process, gather evidence to support your claim, and represent you during interviews and hearings.

It is essential to act quickly if you believe you qualify for asylum in the United States. There are strict deadlines for filing an application after entering the country, and delays could jeopardize your chances of being granted protection. By seeking legal counsel as soon as possible, you can ensure that all necessary steps are taken promptly and correctly.

In conclusion, seeking asylum in the United States can provide safety and protection for individuals facing persecution in their home countries. If you believe you qualify for asylum based on fear of harm due to your race, religion, nationality, political beliefs, or other factors, it is crucial to consult with an immigration attorney who can assist you throughout the application process. Remember that everyone deserves safety and security – don't hesitate to reach out for help if you need it.

How Can I Bring My Family Members To The United States?

Fri, 28 Jun 2024 14:15:00 GMT

If you are a U.S. citizen or green card holder, Diaz Shafer Immigration can guide you as you bring eligible family members to the United States. We are experienced immigration attorneys, based in Tampa, Florida, who offer assistance with family-based immigrant visa applications. Whether you are looking to sponsor your spouse, parent, child, or sibling for a green card, our team can help navigate the complex immigration system.

The Complex Process

The process of sponsoring a family member for an immigrant visa can be daunting and overwhelming. There are multiple steps involved and various forms and documents that must be completed accurately and submitted on time. Diaz Shafer Immigration has extensive knowledge of the legal requirements and procedures involved in family-based immigration. We can provide personalized guidance to ensure that your application is complete and meets all necessary criteria.

Qualifying for Sponsorship

One important aspect of the process is determining whether your relationship with your family member qualifies for sponsorship. This includes establishing the nature of the relationship, such as marital status or biological/adoptive parent-child relationship. It also involves providing evidence of the relationship, such as birth certificates or marriage certificates.

How We Can Assist

Together, we can help collect critical documents, fill out necessary paperwork, and navigate through every step of the process. With Diaz Shafer Immigration, your loved ones have a better chance of successfully obtaining a visa to join you in the United States.

Bringing your family members to the United States can be a complex and challenging process. However, with the help of experienced immigration attorneys like Diaz Shafer Immigration, you can receive personalized guidance and support throughout every step of the journey. Don't navigate this process alone - reach out to Diaz Shafer Immigration today to learn more about how they can assist you in bringing your family members to the United States.

New Citizens Will Be Able to Seamlessly Request Social Security Updates

Fri, 29 Mar 2024 17:12:59 GMT

U.S. Citizenship and Immigration Services today announced that, starting April 1, applicants filing Form N-400, Application for Naturalization, will have the option to request an original or replacement Social Security number (SSN) or card and update their immigration status with the Social Security Administration (SSA) without having to visit an SSA office.

Noncitizens applying for naturalization using the new edition of Form N-400 (edition date 04/01/24) will be able to request an SSN or replacement card when submitting Form N-400. New citizens may no longer need to visit an SSA field office to apply for an SSN or replacement card or to provide documentation as evidence of their new U.S. citizenship status. Note that SSA may request additional information, if needed.

Applicants who use the 09/17/19 edition of Form N-400 will not have this option as the SSA questions are only included in the 04/01/24 edition. The 04/01/24 edition of the Form N-400 will be available for online filing on April 1. To file Form N-400 online, applicants must first create a USCIS online account, which provides a convenient and secure method to submit forms, pay fees, and track the status of any pending USCIS immigration request throughout the adjudication process. There is no cost to set up a USCIS online account, which offers a variety of features, including the ability to communicate with USCIS through a secure inbox and respond to Requests for Evidence online.

USCIS previously announced our intention to expand the Enumeration beyond Entry program to include applicants who apply for U.S. citizenship in the Interagency Strategy for Promoting Naturalization: First Anniversary Accomplishment Highlights (PDF, 1.79 MB).

H-1B Form I-129 Filing Location Change and FY 2025 H-1B Cap Season Updates and Reminders

Wed, 27 Mar 2024 17:11:23 GMT

H-1B Initial Registration Period Closed

The initial registration period for the FY 2025 H-1B cap season closed at noon Eastern on March 25, 2024. USCIS will soon randomly select enough unique beneficiaries of properly submitted registrations projected as needed to reach the FY 2025 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap), and will notify all prospective petitioners with selected beneficiaries that they are eligible to file an H-1B cap-subject petition for such beneficiaries. They will issue another web alert when this process has been completed.

H-1B Form I-129 Filing Location Change to Lockbox

Starting April 1, 2024, H-1B and H-1B1 (HSC) Form I-129 petitions must no longer be filed at the USCIS service centers. All paper-based H-1B and H-1B1 (HSC) Form I-129 petitions must be filed at USCIS lockbox locations. This includes cap, non-cap, and cap-exempt H-1B filings.

They will reject H-1B or H-1B1 (HSC) petitions received at a USCIS service center on or after April 1, 2024. There will be no grace period provided.

USCIS has specific mailing addresses for cases that are subject to the H-1B cap. To determine the correct mailing address, please see our Form I-129 Direct Filing Addresses page.

If a petition is filed at the wrong location, we may reject the petition. Rejected petitions will not retain a filing date. If they reject a petition because it was filed at the wrong location, it may be refiled at the correct location, or online. H-1B cap subject petitions may be refiled at the correct location, or online, as long as the petition is refiled during the designated 90-day filing window listed on the selection notice.

New Fees and Form Edition

On Jan. 31, 2024, USCIS published a final rule that adjusts the fees required for most immigration applications and petitions. The new fees are effective April 1, 2024. Petitions postmarked on or after April 1, 2024, must include the new fees or they will not accept them. Additionally, there will be a new 04/01/24 edition of Form I-129, Petition for a Nonimmigrant Worker. There will be no grace period for filing the new version of Form I-129 because it must include the new fee calculation.

What to Know About Sending Them Your Form I-129.

They will accept the 05/31/23 edition of this form if it is postmarked before April 1, 2024;
They will not accept the 05/31/23 edition of this form if it is postmarked on or after April 1, 2024; and
They will only accept the 04/01/24 edition of this form if it is postmarked on or after April 1, 2024.

They have published a preview version of the 04/01/24 edition of Form I-129 (PDF, 2.07 MB) and its instructions (PDF, 428.11 KB).

They will use the postmark date of a filing to determine which form version and fees are correct but will use the received date for purposes of any regulatory or statutory filing deadlines.

As a reminder, they recently announced a final premium processing fee rule that increased the filing fee for Form I-907, Request for Premium Processing Service, to adjust for inflation, effective Feb. 26, 2024. If we receive a Form I-907 postmarked on or after Feb. 26, 2024, with the incorrect filing fee, we will reject the Form I-907 and return the filing fee. For filings sent by commercial courier (such as UPS, FedEx, and DHL), the postmark date is the date on the courier receipt.

Online Filing and Organizational Accounts

On Feb. 28, 2024, they launched new online organizational accounts that allow multiple people within an organization and their legal representatives to collaborate on and prepare H-1B registrations, H-1B petitions, and any associated Form I-907. Information on organizational accounts is available on the Organizational Accounts Frequently Asked Questions page.

They also launched online filing of Form I-129 and associated Form I-907 for non-cap H-1B petitions on March 25. On April 1, they will begin accepting online filing for H-1B cap petitions and associated Forms I-907 for petitioners whose registrations have been selected.

Petitioners will continue to have the option of filing a paper Form I-129 H-1B petition and any associated Form I-907 if they prefer. However, during the initial launch of organizational accounts, users will not be able to link paper-filed Forms I-129 and I-907 to their online accounts.

No More Pre-paid Mailers

Prepaid mailers are no longer used to send out any communication or final notices for any H-1B or H-1B1 (HSC) petitions as of March 25. With H-1B intake now occurring at the lockbox or online, they will not be able to use any prepaid mailers for H-1B or H-1B1 (HSC) filings.

The process of printing and mailing H-1B petition approval notices by first-class mail is fully automated. MyUSCIS account holders will also receive an email or text message notification when there is a case status change on a case in their account, followed by a paper notice by mail.

USCIS Extends Initial Registration Period for FY 2025 H-1B Cap

Tue, 26 Mar 2024 17:09:29 GMT

USCIS has extended the initial registration period for the fiscal year (FY) 2025 H-1B cap. The initial registration period, which opened at noon Eastern on March 6, 2024, and was originally scheduled to run through noon Eastern on March 22, 2024, will now run through noon Eastern on March 25, 2024. USCIS is aware of a temporary system outage experienced by some registrants and is extending the registration period to provide additional time due to this issue.

During this period, prospective petitioners and their representatives, if applicable, must use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated registration fee for each beneficiary. USCIS still intends to notify selected registrants by March 31, 2024.

On Feb. 28, 2024, they launched new myUSCIS organizational accounts that allow multiple people within an organization, as well as their legal representatives, to collaborate on and prepare H-1B registrations, H-1B petitions, and any associated Form I-907, Request for Premium Processing Service. A new organizational account is required to participate in the H-1B Electronic Registration Process. For additional information and resources, please review updated information on the Organizational Accounts Frequently Asked Questions page.

To help guide organizations and legal representatives through the new process, we launched our Tech Talks sessions in February 2024. During these sessions, individuals can ask questions about the organizational accounts and online filing of Form I-129 for H-1B petitions. USCIS encourages all individuals involved in the H-1B registration and petition filing process to attend these sessions. Additional information and dates are available on the Upcoming National Engagements page.

USCIS Streamlines Process for Refugee Employment Authorization Documents

Thu, 14 Mar 2024 17:08:19 GMT

USCIS has begun implementing a streamlined process for Form I-765, Application for Employment Authorization , to provide Employment Authorization Documents (EADs) more efficiently to eligible refugees after they are admitted into the United States. This streamlined process shortens the wait time for an EAD to approximately 30 days instead of several months. All individuals admitted into the United States as refugees on or after Dec. 10, 2023, will receive EADs pursuant to this new process.

Under U.S. law, a refugee is legally authorized to work as soon as they arrive in the United States. Obtaining proof of this work authorization in the form of an EAD, however, was previously a cumbersome paper-based process that led to undue delays. The new process is fully automated and no longer requires refugees to apply for an EAD, allowing for more efficient processing and adjudication of Form I-765 and quicker delivery of EADs after we approve them.

With this new process, USCIS will digitally create a Form I-765 for arriving refugees and begin adjudicating it as soon as they are admitted into the United States. After USCIS approves a refugees Form I-765, refugees will generally receive their EAD within one to two weeks. USCIS will mail their EAD via U.S. Postal Service Priority Mail to their address of record. The time frame for a refugee to receive their EAD card may vary, depending on delivery times. Please allow a total of 30 days before inquiring.

USCIS will also electronically provide the Social Security Administration with the information required to assign a Social Security number and mail a Social Security card to the refugee.

USCIS recognizes that documents such as an EAD and Social Security card are critical to a newly arrived refugee’s ability to integrate into the United States. This new process is the result of coordination across the U.S. government to support the U.S. Refugee Admissions Program and refugee integration. USCIS is committed to streamlining and digitizing our processes to make them more efficient. We launched this process on Dec. 10, 2023, following a successful trial period.

This process does not apply to following-to-join refugees admitted into the United States based on an approved Form I-730, Refugee/Asylee Relative Petition . Additionally, refugees seeking a replacement or renewal EAD will still need to complete and submit Form I-765.

USCIS Reaches H-2B Cap for Second Half of FY 2024 and Announces Filing Dates for the Second Half of FY 2024 Supplemental Visas

Tue, 12 Mar 2024 17:07:00 GMT

H-2B Cap for Second Half of FY 2024

USCIS has received enough petitions to meet the congressionally mandatedÂ H-2B capÂ for the second half of FY 2024. March 7, 2024, was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date on or after April 1, 2024, and before Oct. 1, 2024. We will reject new cap-subject H-2B petitions received after March 7, 2024, that request an employment start date on or after April 1, 2024, and before Oct. 1, 2024.

We continue to accept H-2B petitions that are exempt from the congressionally mandated cap. This includes petitions for:

Current H-2B workers in the United States who wish to extend their stay and, if applicable, change the terms of their employment or change their employers;
Fish roe processors, fish roe technicians and/or supervisors of fish roe processing; and
Workers performing labor or services in the Commonwealth of the Northern Mariana Islands and/or Guam (until Dec. 31, 2029).

Filing Dates for Second Half of FY 2024 Supplemental Visas

The Department of Homeland Security (DHS) and the Department of Labor (DOL) jointly published aÂ temporary final ruleÂ on Nov. 17, 2023, increasing the numerical limit (or cap) on H-2B nonimmigrant visas by up to 64,716 additional visas for all of FY 2024. These supplemental visas are available only to U.S. businesses that are suffering irreparable harm or will suffer impending irreparable harm without the ability to employ all the H-2B workers requested in their petition, as attested by the employer on theÂ DOL Form ETA 9142-B-CAA-8 (PDF). These supplemental H-2B visas are for U.S. employers seeking to petition for additional workers at certain periods of the fiscal year.

Below are the filing start dates for each of the remaining supplemental visa allocations under the temporary final rule:

For employers seeking workers who are nationals of El Salvador, Guatemala, Honduras, Haiti, Colombia, Ecuador, and Costa Rica, regardless of whether such nationals are returning workers:Â USCIS will begin accepting petitions for employers requesting an employment start date from April 1, 2024, to Sept. 30, 2024, on March 22, 2024. USCIS began accepting petitions from employers with employment start dates from Oct. 1, 2023, to March 31, 2024, in November 2023. A cap count for this country-specific allocation is available on theÂ Temporary Increase in H-2B Nonimmigrant Visas for FY 2024Â page.
For employers seeking returning workers for the early second half of FY 2024 (April 1 to May 14):Â USCIS will begin accepting petitions for the additional 19,000 visas made available to returning workers regardless of country of nationality on March 22, 2024.
For employers seeking returning workers for the late second half of FY 2024 (May 15 to Sept. 30):Â USCIS will begin accepting petitions for the additional 5,000 visas made available to returning workers regardless of country of nationality on April 22, 2024.

USCIS will stop accepting petitions under this temporary final rule received after Sept. 16, 2024, or after the applicable cap has been reached, whichever occurs first.

USCIS has alreadyÂ announcedÂ that we haveÂ received enough petitions to reach the cap for the additional 20,716 H-2B visas made available for returning workers for the first half of FY 2024 with employment start dates on or before March 31, 2024.

Additional information on the FY 2024 supplemental visas is available on theÂ Temporary Increase in H-2B Nonimmigrant Visas for FY 2024Â page.

Reminder: Adjustment to Premium Processing Fees Takes Effect Today

Tue, 27 Feb 2024 18:04:05 GMT

As previouslyÂ announced, U.S. Citizenship and Immigration Servicesâ€™ new inflation-adjusted premium processing fees take effect today, increasing the filing fee for Form I-907, Request for Premium Processing. USCIS published aÂ final ruleÂ announcing the change on Dec. 28, 2023.

The USCIS Stabilization Act established the current premium processing fees and the authority for the Department of Homeland Security to adjust the premium fees on a biennial basis. After leaving these fees unchanged for the three years following passage of the Act, DHS is now increasing the premium processing fees USCIS charges for all eligible forms and categories to reflect the amount of inflation from June 2021 through June 2023 according to the Consumer Price Index for All Urban Consumers. The adjustment increases certain premium processing fees from $1,500 to $1,685, $1,750 to $1,965, and $2,500 to $2,805.

If USCIS receives a Form I-907 postmarked on or after Feb. 26, 2024, with the incorrect filing fee, we will reject the Form I-907 and return the filing fee. For filings sent by commercial courier (such as UPS, FedEx, and DHL), the postmark date is the date reflected on the courier receipt.

DHS will use the revenue generated by the premium processing fee increase to provide premium processing services; make improvements to adjudications processes; respond to adjudication demands, including reducing benefit request processing backlogs; and otherwise fund USCIS adjudication and naturalization services.

USCIS Updates Policy Guidance for International Students

Tue, 26 Dec 2023 18:02:55 GMT

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance regarding the F and M student nonimmigrant classifications, including the agencyâ€™s role in adjudicating applications for employment authorization, change of status, extension of stay, and reinstatement of status for these students and their dependents in the United States.

This guidance consolidates existing policy. USCIS expects that this will provide welcome clarity to international students and U.S. educational institutions on a wealth of topics, including eligibility requirements, school transfers, practical training, and on- and off-campus employment.

For example, the guidance clarifies that F and M students must have a foreign residence that they do not intend to abandon, but that such students may be the beneficiary of a permanent labor certification application or immigrant visa petition and may still be able to demonstrate their intention to depart after a temporary period of stay.

In addition, the guidance specifies how F students seeking an extension of optional practical training (OPT) based on their degree in a science, technology, engineering, and mathematics (STEM) field may be employed by startup companies, as long as the employer adheres to the training plan requirements, remains in good standing with E-Verify, and provides compensation commensurate to that provided to similarly situated U.S. workers, among other requirements.

The nonimmigrant academic student (F-1) classification allows a noncitizen to enter the United States as a full-time student at a college, university, seminary, conservatory, academic high school, elementary school, or other academic institution, or in a language training program. The nonimmigrant vocational student (M-1) classification includes students in established vocational or other recognized nonacademic programs, other than language training programs.

For more information about the USCIS guidance, see the Policy Alert (PDF, 312.06 KB) and Volume 2, Part F of the Policy Manual. For more information about the role of U.S. Immigration and Customs Enforcement (ICE) in administering these nonimmigrant student programs, see the Student and Exchange Visitor Program (SEVIS).

Tampa Asylum Office Moving to New Location

Tue, 28 Nov 2023 18:01:40 GMT

Effective Dec. 11, 2023, the new address will be: 3924 Coconut Palm Drive Tampa, Florida 33619

The current location will close to the public on Nov. 29, and the new location will open to the public on Dec. 11. We will begin accepting mail at the new location on Nov. 29. However, the Tampa Asylum Office will not have walk-in hours until Dec. 13.

This move will not affect the Tampa Asylum Officeâ€™s jurisdiction. The Tampa Asylum Office will continue to adjudicate asylum claims filed by individuals residing in western and northern Florida as well as portions of central Florida.

If you are an asylum applicant and you have been scheduled for an asylum interview, carefully review your interview notice for important information about your asylum interview, including where to go for your interview. As a reminder, asylum interviews are by appointment only.

Certain Renewal Applicants for Employment Authorization to Receive Automatic 180 Day Extension

Wed, 15 Nov 2023 18:00:35 GMT

Certain renewal applicants who have filed Form I-765, Application for Employment Authorization, qualify for an automatic extension of their expiring employment authorization and/or employment authorization documents (EADs) while their renewal application is pending. Starting today, those who are eligible will receive 180-day extensions in accordance with existing regulations, including those who have applied for or have received Temporary Protected Status or asylum.

In May 2022, however, USCIS announced a temporary final rule (TFR) that increased the automatic extension period for EADs available to certain EAD renewal applicants from up to 180 days to up to 540 days. Todayâ€™s change is not retroactive; all previous up to 540-day automatic extensions will remain in place.

USCIS is in the process of determining whether there is a need for a new regulatory action similar to the May 2022 TFR, notwithstanding past and ongoing operational improvements and efforts to accelerate EAD processing more broadly.

As announced in the 2022 TFR, automatic extensions of employment authorization and EAD validity will be the original up to 180-day period for those eligible applicants who timely file a Form I-765 renewal applications on or after Oct. 27, 2023.

For individuals who received an increased automatic extension period under the TFR, the increased automatic extension will end when they receive a final decision on their renewal application or when the up to 540-day period expires (counted from the expiration date of the employment authorization and/or their EAD), whichever comes earlier.

Meanwhile, USCIS recently published a Policy Manual update increasing the maximum EAD validity period to five years for initial and renewal applications approved on or after Sept. 27, 2023, for the following categories:

Certain noncitizens who are employment authorized incident to status or circumstance, including those admitted as refugees, paroled as refugees, granted asylum, and recipients of withholding of removal; and
Certain noncitizens who must apply for employment authorization, including applicants for asylum and withholding of removal, adjustment of status, and suspension of deportation or cancellation of removal.

USCIS is making every effort to help avoid gaps in employment and/or employment authorization documentation for noncitizens with pending EAD renewal applications, and to help reduce EAD processing times, including by dedicating additional personnel and implementing processing improvements to decrease the median processing time for certain EAD applications to 30 days.

DHS Issues Proposed Rule to Modernize the H-1B Specialty Occupation Worker Program

Tue, 24 Oct 2023 16:58:47 GMT

USCIS seeks to update regulations with proposed rulemaking to improve program efficiency and integrity

The Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS), published a Notice of Proposed Rulemaking (NPRM) that would modernize the H-1B specialty occupation worker program by streamlining eligibility requirements, improving program efficiency, providing greater benefits and flexibilities for employers and workers, and strengthening integrity measures. The H-1B program helps U.S. employers hire the employees they need to meet their business needs and remain competitive in the global marketplace, while adhering to all U.S. worker protections under the law.

â€œDHS continues to develop and implement regulations that increase efficiency and improve processes for employers and workers navigating the immigration system,â€ saidÂ Secretary of Homeland Security Alejandro N. Mayorkas. â€œThe Biden-Harris Administrationâ€™s priority is to attract global talent, reduce undue burdens on employers, and prevent fraud and abuse in the immigration system.â€

The H-1B nonimmigrant visa program allows U.S. employers to temporarily employ foreign workers in specialty occupations, defined by statute as occupations that require highly specialized knowledge and a bachelorâ€™s or higher degree in the specific specialty, or its equivalent.

The proposed rule would change how USCIS conducts the H-1B registration selection process to reduce the possibility of misuse and fraud. Under the current process, the more registrations that are submitted on behalf of an individual, the higher chance that individual will be selected in a lottery. Â Under the new proposal, each unique individual who has a registration submitted on their behalf would be entered into the selection process once, regardless of the number of registrations submitted on their behalf. This would improve the chances that a legitimate registration would be selected by significantly reducing or eliminating the advantage of submitting multiple registrations for the same beneficiary solely to increase the chances of selection. Furthermore, it could also give beneficiaries more choice between legitimate job offers because each registrant who submitted a registration for a selected beneficiary would have the ability to file an H-1B petition on behalf of the beneficiary.

Among additional provisions, the proposed rule would improve the H-1B program by:

Streamlining eligibility requirementsÂ â€“ criteria for specialty occupation positions would be revised to reduce confusion between the public and adjudicators and to clarify that a position may allow a range of degrees, although there must be a direct relationship between the required degree field(s) and the duties of the position;
Improving program efficiency â€“The proposed rule codifies that adjudicators generally should defer to a prior determination when no underlying facts have changed at time of a new filing;
Providing greater benefits and flexibilities for employers and workersÂ â€“ certain exemptions to the H-1B cap would be expanded for certain nonprofit entities or governmental research organizations as well as beneficiaries who are not directly employed by a qualifying organization. DHS would also extend certain flexibilities for students on an F-1 visa when students are seeking to change their status to H-1B. Additionally, DHS would establish new H-1B eligibility requirements for rising entrepreneurs; and
Strengthening integrity measuresÂ â€“ in addition to changing the selection process, misuse and fraud in the H-1B registration process would be reduced by prohibiting related entities from submitting multiple registrations for the same beneficiary. The rule would also codify USCISâ€™ authority to conduct site visits and clarify that refusal to comply with site visits may result in denial or revocation of the petition.

The 60-day public comment period starts following publication of the NPRM in the Federal Register.