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Immigration Lawyer Florida

Immigration Services for Jacksonville and Orlando, FL

Immigration Lawyer Florida2018-10-31T14:42:55+00:00

The Edmunds Law Firm has been representing clients throughout the United States for over 40 years. In many cases we received national recognition.

Mr. Edmunds has been featured in numerous newspapers throughout the United States and appeared on national TV relative to his representation.

Edmunds Law Firm, 822 N. A1A Hwy, Suite 310, Ponte Vedra, Florida 32082
Phone: 904.473.4910 or 571.527.4925, Email: aedmunds@alanedmunds.com

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Family-Based Immigration

Family Immigration

Adjustment of Status to Lawful Permanent Residency
Immigrant Visas for Family Members of Citizens and Lawful Permanent Residents
Waivers
Removal of Conditional Resident Status

Employment-Based Immigration

US Visa

H-1B Professional Workers
TN Professional Workers from Canada and Mexico
PERM Labor Certification  EB 1 & EB 2 Visa
O Extraordinary Ability Workers
R Religious Workers
J Visa Exchange Program and Waivers

Other Services

Deferred Action for Childhood Arrivals (DACA)
Naturalization (Acquiring Citizenship)
Removal and Deportation Defense in Immigration Court
Immigration Bonds
Renewals of Work Permits, Visas, and Permanent Resident Cards
U-Visas and VAWA for Victims of Domestic Violence and Other Crimes
Travel and Re-entry Permits

Call: 904.473.4910 or 571.527.4925

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Family Based Immigration

How Do I Become a Lawful Permanent Resident While in the United States?

Family ImmigrationBackground

An immigrant is a foreign national who has been granted the privilege of living and working permanently in the United States. You must go through a multi-step process to become an immigrant.

First, the USCIS must approve an immigrant petition for you, usually filed by an employer or relative.

Second, the State Department must give you an immigrant visa number, even if you are already in the United States.

Third, if you are already in the United States, you may apply for Adjustment of Status to permanent resident status. (If you are outside the United States, you will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.)

Important information regarding employment-based Green Card: An undated memorandum (1.5 MB .PDF) from USCIS’ William Yates rescinds a March 3, 2004 memo on concurrent adjudication of I-140s/I-485s, although concurrent filing continues. Previously, the Form I-485 could not be filed until the Form I-140 was approved, thus delaying the many benefits associated with the Form I-485 filing. As has always been the case, the Form I-485 cannot be filed until an immigrant visa number is available.

How does concurrent filing affect the filing for work authorization and advance parole?

Under the rule, immigrant visa applicants and their spouses, can also seek employment authorization and/or advance parole simultaneously with their concurrent Form I-140 and Form I-485 filing.

Who is eligible to file concurrently?

The interim rule applies to employment-based immigrant petitions under the First, Second and Third Preference categories (Section 203(b)(1),(2), and (3) of the Immigration and Nationality Act). Applicants with pending labor certification applications must await approval of the application by the Department of Labor to benefit from this provision. The following is a list of the types of Form I-140 immigrant petitions which benefit from this new rule:

  • Individuals of Extraordinary Ability;
    · Outstanding Researchers;
    · Multinational Managers and Executives; · National Interest Waiver candidates (who hold an advanced degree or are of exceptional ability);
    · Advanced Degree Professionals with an underlying approved labor certification from their sponsoring employer;
    · Professionals holding Bachelor’s degree with an underlying approved labor certification from their sponsoring employer;
    · Skilled Workers – i.e. are being offered a job that requires at least two years experience, with an underlying approved labor certification from their sponsoring employer;
    · Other workers (unskilled labor- and who have an underlying approved labor certification from their sponsoring employer).

When is an immigrant visa petition and adjustment application considered to be concurrently filed?

There are three instances in which an immigrant visa petition (Form I-140) and adjustment of status application (Form I-485) will be considered concurrently filed:

1) Where the Form I-140 and Form I-485 are submitted simultaneously*, which is defined as:

  • filed at the same time and mailed to the same Service Center;
    · enclosed within the same single mailing envelope submitted with the correct filings fees;
    · and received on the same day (at the same Service Center).

(*This requires the applicant to have an immigrant visa available).

2) Where a Form I-485 application is to join up with a currently pending Form I-140 petition, provided that –

  • a visa number is available;
    · the correct filing fee is enclosed;
    · there is proof of the proper receipt of the Form I-140 filing receipt (Form I-797, Notice of Action); and
    · it is filed at the same Service Center as the Form I-140 petition.

3) Where an applicant is in deportation or removal proceedings before the Immigration Court or has an appeal pending before the Board of Immigration Appeals. In the above instance, the same rules as in #2 above apply except that the filing of the I-485 must be made with the Immigration Court or Board of Immigration Appeals, depending upon which body has jurisdiction over the case.

What Does the Law Say?

The Immigration and Nationality Act is a law that governs immigration in the United States. For the part of the law concerning permanent resident status, please see INA § 245. The specific eligibility requirements and procedures for adjusting to permanent residence status are included in the Code of Federal Regulations [CFR] at 8 CFR § 245.

Who is Eligible?

To find out who may apply for permanent residence in the United States, please see eligibility information under the for Work Visa and Family Based Visa sections on this web site. (Please note, your permanent residence status will be conditional if it is based on a marriage that was less than two years old on the day you were given permanent residence.

How Do I Apply?

The Edmunds Law Firm will be pleased to process your Green Card application, whether on behalf of the company or the self-petitioning individual. Our law office will carefully analyze your case and make recommendations on the most appropriate process for you or your company to pursue. We then assist with preparing documents and letters, continuing the case through the adjustment of status or consular processing stage, until the principal applicant and family members receive the Green Card.

Will I Get a Work Permit?

Applicants for adjustment to permanent resident status are eligible to apply for a work permit while their cases are pending. The Edmunds Law Firm can simultaneously process your work permit application while your Adjustment of Status is pending.

Can I Travel Outside the United States?

If you are applying for adjustment to permanent resident status, you must receive advance permission to return to the United States if you are traveling outside the United States. This advance permission is called Advance Parole. If you do not apply for Advance Parole before you leave the country, you will abandon your application with the BCIS and you may not be permitted to return to the United States. Please contact our law office for more information concerning Advance Parole.

How Can I Check the Status of My Application?

Click on the menu button to the left, labeled “Check Case Status” and enter your file number.

Employment Based Immigration

US VisaTemporary Work Visa

Employers who wish to hire foreign workers to temporarily perform services or labor or to receive training may file a Petition for Non-Immigrant Worker. To learn more about temporary work visas, click here  – you can have it hyperlinked to USCIS.gov.

Permanent Work Visa

An immigrant is a foreign national who is authorized to live and work permanently in the United States as a Lawful Permanent Resident. You must go through a multi-step process to become an immigrant based on employment. The USCIS must approve an immigrant petition (application) that was filed for you, usually by an employer.

In most employment categories (See EB-2 and EB-3 eligibility and filing information below), The Edmunds Law Firm can complete a Labor Certification request (ETA 750) for you from the Department of Labor’s Employment and Training Administration.

The State Department must give you an immigrant visa number, even if you are already in the United States.

If you are already in the United States, you must apply to adjust to permanent resident status when a visa number becomes available. If you are outside the United States when an immigrant visa number becomes available, you will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.

What Does the Law Say?

The legal foundation for getting approval for hiring an alien worker permanently comes from the Immigration and Nationality Act (INA). For the part of the law that addresses employment-based immigrants, please see INA § 201, INA § 202, INA § 203 and INA § 204. Rules published in the Federal Register explain the eligibility requirements for individuals petitioning for employment-based immigration based on specific criteria. They are in the Code of Federal Regulations [CFR] at 8 CFR § 204.5.

Who is Eligible for Employment Based Immigration?

There are five categories of employment based immigration:

First Preference (EB-1 priority workers): aliens with extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers.

Second Preference (EB-2 workers with advanced degrees or exceptional ability): aliens who are members of the professions holding advanced degrees or their equivalent and aliens who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States.

Third Preference (EB-3 professionals, skilled workers, and other workers): aliens with at least two years of experience as skilled workers, professionals with a baccalaureate degree, and others with less than two years experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States.

Fourth Preference (EB-4 special workers such as those in a religious occupation or vocation): aliens who, for at least two years before applying for admission to the United States, have been a member of a religious denomination that has a non-profit religious organization in the United States, and who will be working in a religious vocation or occupation at the request of the religious organization.

Fifth Preference (EB-5 Employment Creation) See the menu on this web site entitled “Investment.”

How Do I File a Petition for Alien Worker?

The Edmunds Law Firm will be pleased to process your Work Visa Card application, on behalf of your employer. Our law office will carefully analyze your case and make recommendations on the most appropriate process for you or your company to pursue. We then assist with preparing documents and letters, continuing the case through the Adjustment of Status or consular processing stage, until the principal applicant and family members receive the Green Card.

How Can I Find Out the Status of My Petition?

Click on the menu button to the left, “Check Case Number” and enter your file number.

Other Services

Federal immigration law determines whether a person is an alien, the rights, duties, and obligations associated with being an alien in the United States, and how aliens gain residence or citizenship within the United States. It also provides the means by which certain aliens can become legally naturalized citizens with full rights of citizenship. Immigration law serves as a gatekeeper for the nation’s border, determining who may enter, how long they may stay, and when they must leave.

Congress has complete authority over immigration. Presidential power does not extend beyond refugee policy. Except for questions regarding aliens’ constitutional rights, the courts have generally found the immigration issue as nonjusticiable.

States have limited legislative authority regarding immigration, and 28 U.S.C. § 1251details the full extent of state jurisdiction. Generally, 28 U.S.C. § 994 details the federal sentencing guidelines for illegal entry into the country.

By controlling the visa process, the federal government can achieve the goals of its immigration policies.  There are two types of visas: immigrant visas and nonimmigrant visas. The government primarily issues nonimmigrant visas to tourists and temporary business visitors. The government divides nonimmigrant visas into eighteen different types, but for most types, does not impose a cap on the number that may be granted in a year. Only a few categories of non-immigrant visas allow their holders to work in the United States. Immigrant visas, on the other hand, permit their holders to stay in the United States permanently and eventually to apply for citizenship. Aliens with immigrant visas can also work in the United States. Congress limits the quantity of immigrant visas, which numbered 675,000 in 1995. Many immigrant visas remain subject to per-country caps.

The Edmunds Law Firm has been representing clients throughout the United States for over 40 years. In many cases he has received National recognition.

Mr. Edmunds has been featured in numerous newspapers throughout the United States and appeared on national TV relative to his representation.

Edmunds Law Firm, 822 N. A1A Hwy, Suite 310, Ponte Vedra, Florida 32082
Phone: 904.473.4910, Email: aedmunds@alanedmunds.com