Marriage-Based Immigration Visas in Florida

November 14, 2024

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.

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Reuniting Families: Family-Based Immigration in Florida

February 6, 2025
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

January 9, 2025
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

December 12, 2024
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.

Immigration Appeals with Diaz Shafer Immigration in Tampa, Florida

October 17, 2024
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

September 19, 2024
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

August 22, 2024
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

July 25, 2024
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?

June 28, 2024
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

By Diaz Shafer • March 29, 2024
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

By Diaz Shafer • March 27, 2024
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. 
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