Each year, hundreds of thousands of immigrants come to the U.S. in search of freedom,
prosperity, and a better life. At Rodriguez Law, P.L., we are proud to play a role in
helping individuals and families from around the world successfully make this transition.
For more than a decade, we have been committed to resolving immigration matters related to:
- green cards
- U.S. citizenship
- and much more.
Immigration laws, regulations, and procedures are extremely complex and ever-changing. Don’t attempt to tackle this nerve-wracking system alone. Even the simplest immigration applications can be tricky. Make one mistake and your application may be returned, delayed, even rejected.
You’ve come this far, why risk losing your chance at the American Dream?
With so much at stake, you deserve peace of mind in knowing that a skilled attorney is working on your behalf to ensure the best possible outcome. Not to mention, it will save you time, money, and unnecessary heartache.
Lead Immigration Attorney Ricardo A. Rodriguez has comprehensive knowledge of immigration law and will make sure your rights are protected every step of the way.
Call today at 305-262-8226 to schedule a Free consultation. Attorney Rodriguez will carefully review the details of your case and let you know the legal options available to you.
Located in the Miami Lakes, FL area, we can serve your immigration needs regardless of where you are located in the United States or in the world.
Compassionate, Tough Advocacy For Your Immigration Case
FAMILY IMMIGRATION AND CITIZENSHIP: We are dedicated to reuniting families through citizenship. If you are a U.S. citizen or green card holder, you can sponsor family members to immigrate to the U.S. Our firm assists you throughout the petitioning process to bring your family members here.
NATURALIZATION AND CITIZENSHIP: The decision to become a U.S. citizen is exciting and life-changing. We help determine your eligibility to apply for citizenship and guide you through the entire naturalization process.
DEPORTATION AND REMOVAL DEFENSE: The threat of being deported is an absolutely terrifying and distressing experience — but don’t give up hope. Attorney Rodriguez will aggressively represent you in Immigration Court and pursue every possible legal defense to prevent you from being deported.
EMPLOYMENT IMMIGRATION: Rodriguez Law, P.L., assists businesses and
foreign workers alike in the process of obtaining non-immigrant and immigrant visas to
enter the U.S. on a temporary or permanent basis for the purpose of employment.
We help petition for the following visas, including but not limited to:
- Non-immigrant visas: Temporary worker visa (HB-1, H-2B)
- Immigrant visas: Permanent worker visa or “green card” (EB-1, EB-2, EB-3, EB-4 and EB-5)
We Represent Clients Before A Multitude of Government Agencies and Court Systems
The immigration system is governed by an extensive network bureaucratic institutions. Each agency and court has specific regulations to adhere to and comply with. The Law Office of Rodriguez, P.L. is very familiar with how these institutions operate and will handle all communications and paperwork on your behalf.
- The Department of Homeland Security (“DHS”)
- The U.S. Immigration and Customs Enforcement (“USICE”)
- The U.S. Citizenship and Immigration Services (“USCIS”)
- The immigration courts
- The Executive Office for Immigration Review (“EOIR”)
- The Board of Immigrations Appeals (“BIA”)
- The Department of Labor (“DOL”)
- The Department of State (“DOS”)
- Federal courts
Whether you are a foreign citizen of another country seeking work in the United States or an American employer who wants to sponsor a foreign national for lawful residency — Rodriguez Law, P.L. can help you pursue an employment-based visa that makes sense for your situation.
Every year, the U.S. Government, through its Embassies and Consulates worldwide, allows foreign nationals the opportunity to enter the U.S. workforce on a temporary or permanent basis. This adds up to include 400,000 temporary work visas and 14o,000 permanent worker visas or green cards per year.
Work In The U.S. For Up to Six Years With a Non-Immigrant Worker Visa
If you are a foreign national who plans to work in the U.S. for a fixed period of time, you must first obtain a non-immigrant temporary worker visa.
The most common type of temporary work visa is the H-1B. To qualify for the H-1B, you must hold a Bachelor’s degree from anywhere in the world and have a job offer in the U.S. that requires the skills of the degree you possess. If you do not have a degree, you may still qualify if you can prove you have extensive work experience that is comparable to a degree.
Your prospective employer is required to file a petition (I-129) on your behalf with the U.S. Citizenship and Immigration Services (USCIS). If your Petition for a Nonimmigrant Worker visa is approved, you may the formally apply for a visa.
65,000 H-1B visas are available every year, and another 20,000 is granted to those who possess a Master’s or Ph.D. from a United States academic institution.
Obtain Permanent Residence And Employment in the U.S. With A Green Card
If you have been offered a permanent full-time job in the U.S., you will need to apply for a permanent employment visa, also referred to as a “green card” which will allow you to live and work lawfully and permanently in the U.S.
140,000 green cards are issued each year, according to employment-based (EB) preference categories. Rodriguez Law, P.L., can help determine your eligibility.
First Preference EB-1: Priority Workers
- Persons of exceptional abilities and accomplishments in education, business, arts, science, or athletics
- Professors and Researchers
- Multinational executives and managers subject to international transfer
Second Preference EB-2: Advanced Degrees
- Professionals who have earned advanced degree in arts, sciences, or business with proven exceptional abilities.
Third Preference EB-3: Skilled or Professional Workers
- Skilled workers with at least two years of training or experience
- Professionals with a baccalaureate degree
Fourth Preference EB-4: Special Immigrants
- Members of the media, press, religious workers, and retired organizational employees
Fifth Preference EB-5
- Affluent and high-profile investors. Intends to invest $500,000 or $1 million in a new business enterprise that employs at least 10 full time U.S. workers.
If you qualify for immigrant classification under EB-2 or EB-3, your prospective employer will undergo a process to obtain a permanent workers visa on your behalf.
Information For Employers Sponsoring A Foreign Worker For Green Card
If you’re an employer who wants to bring a foreign national into the U.S. to work, you must complete a labor certification on their behalf. Labor certification, known as PERM, is a three-step process.
Labor Certification Step 1: Prevailing Wage Request
The first step in the PERM process involves filing a “prevailing wage request” with the Department of Labor (DOL). The prevailing wage request provides the DOL with information regarding the position you are hiring for such as job requirements, job duties, and worksite location. The DOL uses this information to issue a prevailing wage, or the amount you are expected to pay your employee.
Labor Certification Step 2: Recruitment and Placing Ads
The next step in the PERM process requires you to prove to the DOL that there are no qualified U.S. workers able and willing for the job you are offering. To do this, you will have to test the U.S. labor market through a series of mandatory advertisement placements.
- Post a notice of the job at worksite location.
- Place an advertisement with the state workforce agency in the state of intended employment
- Job order with State Department of Labor for 30 days
- Two Sunday newspaper ads with general circulation near job location
- Three additional professional ads
Labor Certification Step 3: File an I-140
Once the PERM process is complete, you will file the application with the DOJ. Within a few months the DOJ will issue an approval or denial of the application. If it is approved, you can proceed with filing an I-140 visa petition with U.S. Citizenship and Immigration Services on behalf of the foreign worker.
Bring Your Family to the U.S.
For many, a family-based immigration visa is the fastest path to legal status in U.S. If you wish to sponsor a relative to immigrant to the U.S., you must meet the following criteria:
- be a U.S. citizen or a lawful permanent resident (LPR)/green card holder
- show evidence to prove relationship to family member
- show evidence of financial capability to support family
There are different family visa categories that determine which relatives you are eligible to sponsor.
U.S. Citizens may file on behalf of immediate family, including:
- Children over or under 21 (Unmarried or Married)
Lawful Permanent Residents may file on behalf of:
- Unmarried children over or under 21
Rodriguez Law, P.L., can help you prepare and file a Resident Based Petition for your relative. Eligible family members must wait until there is a visa number available before they can apply for an immigrant visa or adjustment of status to become a lawful permanent resident.
Are You Considering Becoming A U.S. Citizen?
If you are interested in becoming a permanent U.S. resident, you must undergo a naturalization process.
Requirements To Become A Naturalized U.S. Citizen
- Must be over 18 years old
- Been a lawful permanent resident (green card holder) in the U.S. for the last 5 years or 3 years if married to a U.S. citizen
- You have not spent more than one year outside the U.S.
- You have lived in the state or county where you are filing for the last 3 months
- Be a person of good moral character
- Be willing to take an oath of allegiance to the United States
If you meet the above criteria, the next step is to file an application for naturalization, N-400, with the United States Citizenship and Immigration Services (USCIS). You will then be subject to a background screening and finger printing.
Another significant step will be to complete an interview under oath with a U.S. citizenship and immigration field officer who will ask you questions about your application. The officer will test your knowledge of the English language including your ability to speak, read and write.
During this process, you will also be required to pass a U.S. civic exam to measure your knowledge of U.S. history and government.
If your application is approved, you will receive a certificate of naturalization proving you are a U.S. citizen.
Deportation Removal Defenses
Now more than ever, the U.S. government is stepping up its efforts to remove undocumented and out of status individuals from the country. If you have received a Notice to Appear from the Department of Homeland Security stating that you are inadmissible to or deportable from the United States — try not to panic. The most important thing you can do right now is to give us a call so we can review the charges outlined in your notice and develop a defense strategy.
If the Department of Homeland Security is trying to deport you, it is probably for one of the follow reasons:
- Overstayed the fixed length of time designated on non-immigrant visa
- Entered the U.S. without documentation
- Committed a crime
- Misled authorities on immigration application
Deportation removal proceedings can be an incredibly frightening experience and you shouldn’t have to go through it alone. Attorney Rodriguez will fiercely protect your rights in Immigration Court and will do everything possible to protect you from deportation.
Potential Removal Defense Strategies
There are several options that can be used to fight removal, including but not limited to:
- Applying for asylum: If you cannot return to your country for fear of being persecuted due to your race, religion, nationality, political opinion, or social group – you may be able to receive a form of authorized protection from the U.S. government
- Cancellation of removal: If you can demonstrate a lengthy physical presence and substantial ties in the United States; a non-criminal record; and establish hardship, you may be awarded residency status.
- Protection against torture: prohibits the U.S. government from returning you to any country where you are at risk or in danger of being tortured.
- Adjust status: here via family relationship or employment based petition
- Deferred action for Childhood Removals: On June 15, 2012, President Barack Obama announced that the U.S. Department of Homeland Security (DHS) would not deport undocumented youth who came to the United States as children.
- Prosecutor’s discretion
Whether you want to obtain a green card to live and work permanently in the U.S., petition for your family members to join you in America, undergo the naturalization process to become a citizen, or fight the threat of deportation — Rodriguez Law, P.L. is here to help! Call us today 305-262-8226 to schedule a Free consultation.