Removal Defense Attorneys in South Florida: Protecting Your Right to Stay in the U.S.

Investor Visa Attorneys in South Florida: Helping You Start and Open a Business in the U.S.

Understanding & Breaking Down the Purpose of a U Visa

Seeking Protection? We Help Clients File For Asylum In The U.S.

What Do I Do If An Immigration Judge Denies My Petition?

Attorney Callan Garcia of Garcia, Miranda, Gonzalez-Rua, P.A. recently spoke with NewsNation regarding the Cuban migrant crisis that occurred in Florida since the holiday weekend. When asked for his insight regarding the migrant increase, Attorney Garcia highlighted that political unrest in places such as Cuban and Haiti is a major factor. To watch the interview with NewsNation, click here . If you need assistance with your immigration case, contact Garcia, Miranda, Gonzalez-Rua, P.A. to discuss your situation with one of our dedicated immigration lawyers. Call  786-686-3090  today to schedule your case consultation .

Attorney Callan Garcia Shares Insight on Cuban Migrant Crisis in FL Managing Partner and Immigration Attorney Callan Garcia of Garcia, Miranda & Gonzales-Rua, P.A. was featured in an article covering the recent influx of Cuban migrants to the Florida keys. Attorney Garcia shared valuable insights with the press regarding the lasting hardships that many immigrants face after arriving on U.S. soil. Visit the firm online to learn more. Attorney Callan Garcia of Garcia, Miranda & Gonzales-Rua, P.A.gave a recent statement regarding the closure of Dry Tortugas National Park in Florida. The park, located about 70 miles west of Key West, was recently shut down to accommodate an influx of Cuban migrants that has overwhelmed U.S. border agencies. The temporary suspension of the national park was deemed necessary by the National Park Service to protect the safety of visitors and staff as more migrants continue to arrive in Florida, and coordinated efforts are underway to recover those stranded on uninhabited islands. In less than a week, over 500 Cuban migrants have reached the Florida shore in search of better conditions. Ramón Saúl Sánchez of Movimiento Democracia referred to the situation as “a migration and humanitarian crisis” that the current Administration is doing little to address. Attorney Garcia, an accomplished immigration attorney and multilingual legal advocate, pointed out fundamental issues in the U.S. immigration process that are likely contributing to the problem at hand. He went on to explain that because of the lack of formal diplomatic relations between the United States and Cuba, many Cuban migrants who reach American soil remain in limbo for years, as U.S. officials have no way to repatriate them. Instead, the migrants are released under the condition that they report their address and status to federal immigration authorities on a regular basis. While they are permitted to obtain a work permit, Social Security number, and driver’s license, they cannot apply for U.S. citizenship. For some migrants, this period in limbo may last for the rest of their lives. “They’re just sort of here with a floating order for removal that can’t be executed,” Garcia told the press, adding that some Cubans who came to the U.S. in the 1980 Mariel boatlift are still classified as expedited for removal. Attorney Garcia added that a key inconsistency in the U.S. immigration system that immigrant rights advocates have always pointed to: the discrepancy in U.S. treatment of Haitian and Cuban migrants. The Cubans who name persecution as their reason for migrating are generally paroled and permitted to appear in court before a U.S. judge. If approved, these migrants are given the opportunity to obtain permanent residency and eventually apply for citizenship after an allotted amount of time. On the contrary, Attorney Garcia said, Haitian immigrants rarely receive the same opportunity. Instead, they almost always get sent back to their country of origin. Given that widespread violence and political persecution are still rampant in Haiti, this is especially concerning, as many Haitian migrants are forced to return home to the same severe economic hardship they were trying to escape in the first place. If you or a loved one is struggling to navigate the complex U.S. immigration process, it’s wise to seek counsel from a qualified attorney. Garcia, Miranda & Gonzales-Rua, P.A. have experience representing immigrants in various issues, including asylum, citizenship, and employment-based immigration, among others. Visit www.garciamirandalaw.com to learn more.

Introduced in the House of Representatives as H.R. 1177 , the U.S. Citizenship Act of 2021 is an unprecedented piece of immigration legislation. If passed, it would create a pathway to U.S. citizenship for DACA recipients, H-2A farmworkers, TPS holders, and nearly 11 million people living in the U.S. without documentation. At 353 pages long, though, the U.S. Citizenship Act of 2021 is a bit of a tall order. While it’s possible for several key parts to survive scrutiny and be signed into law, others may be tabled for legislation in the future. Let’s take a look at some of the key aspects of this bill and how immigrants living with or without documentation can be affected. Proposed Changes to Citizenship Requirements The U.S. Citizenship Act of 2021, in its current state, proposes a number of changes to how one can become a U.S. citizen. Here are some of those proposed changes: Reducing Green Card holders’ residency requirement from five years to three years Waiving English and civics/history requirements for those who graduated high school after completing grades 9-12 in the U.S. Exempting people 65 years of age or older from English and civics/history requirements if they were a Green Card holder for at least five years Exempting people 60 years of age or older from English and civic/history requirements if they were a Green Card holder for at least 10 years Waiving civic/history tests for people more than 60 years old on a case-by-case basis Making a false claim of U.S. citizenship when someone was younger than 21 would no longer be a ground for inadmissibility or removal Proposed Changes to Family-Based Immigration Several proposed changes to family-based changes could include ending the policy of separating foreign relatives of U.S. citizens or Green Card holders and making them wait years abroad for their priority dates to occur. Here are other proposed family-based immigration changes: Beneficiaries of approved family-based visas can join family members and work within the U.S. with a V visa status as they wait for their priority dates to occur Children and spouses no longer count against Green Card limits Unused family-based Green Cards issued between 1992 and 2020 would be recaptured The maximum number of family-based Green Cards would be dramatically raised If someone has an approved visa petition and has waited more than 10 years for their priority date to become current, they would not be subject to Green Card limits and could apply for one immediately Beginning on Oct. 1, 2021, the family-based per-country quotas would be raised from 7 percent to 21 percent “Permanent partners” can sponsor and receive immigration benefits if they are not permitted to marry in their countries Child Status Protection Act Within the U.S. Citizenship Act of 2021 are a number of provisions that could uniquely protect child immigrants: Children with H-4 status could no longer “age out” of this status but instead have their ages “frozen” on the date their PERM application was filed with the DOL. If no PERM application was needed, then on the date that USCIS received the visa petition. Ages of K-2 children are frozen on the date that a fiancé petition is filed. A child could retain their priority date of the original EB or FB petition if they would otherwise age out while waiting for their parents’ priority dates to occur and the parents sponsor them on their Green Cards. Proposed Changes for EB Green Cards There are several important proposed changes for how employment-based Green Cards would be administered in the future: The annual number of EB-category Green Cards issued per year would increase to 170,000 from 140,000. The additional 30,000 Green Cards are specifically for EB-3 unskilled worker visas. Numerical limits would no longer apply to someone with an approved visa application who has waited more than 10 years for their priority date. Such individuals could apply for a Green Card immediately. Numerical exemption limits would apply to people who hold Ph.D. degrees in STEM (science, technology, engineering, and mathematics) from U.S. universities. An estimated number of 200,000 unused employment-based Green Cards issued between 1992 and 2020 would be recaptured. Spouses and children no longer count against Green Card numerical limits. On Oct. 21, 2021, the 7 percent per-country quote will be eliminated. The Department of Homeland Security could be authorized to establish a five-year program to allow country or municipal executives to request 10,000 immigrant visas per year to bolster their region’s economic development initiatives. Employers in these regions must affirm that there are jobs in these areas but no U.S. workers who can fill them. Proposed Changes to Temporary Visas Under several changes proposed in the U.S. Citizenship Act of 2021, foreign students would have an easier time obtaining Green Cards by not having to undergo the H-1B visa lottery. Other important proposed changes include the following: The departments of Homeland Security and Labor would each be granted authorization to issue regulations that prioritize how H1B visa applicants are selected based upon the wages offered by employers. Work authorization would be granted to H-4 spouses and children. F-1 student visas would be reclassified as “dual intent” visas. F-1 students with OPT and in the Green Card process could also renew their work authorizations in one-year increments if they have a pending PERM application filed before one year prior to the expiration of their F-1 status – or if their I-140 is pending or approved. If a student immigrant with an F-1, H-1B, L-1, or O-1 status has a PERM application pending for longer than one year or has a pending I-140 pending or approved, the student immigrant could extend their status in one-year increments If someone witnessed or was material to a bona fide workplace abuse claim and is helping law enforcement, they could qualify for a U visa. The annual cap on U visas would be extended from 10,000 to 30,000. Immigrants would be protected when they report unfair employment practices. Other Provisions Proposed by the U.S. Citizenship Act of 2021 The following are other important changes to immigration law that Congress is considering: Increasing the number of Green Cards in the Diversity Visa Lottery from 55,000 to 80,000. Eliminating the three-year and 10-year unlawful presence bars. Abolishing the one-year deadline to apply for asylum in the U.S. 

Almost as soon as Joe Biden became the new U.S. president on Jan. 20, 2021, he signaled his intent to pass immigration reform that could put millions on a path toward U.S. citizenship. Biden’s proposed immigration bill would allow Dreamers, TPS holders, and immigrant farmworkers living in the U.S. without documentation to apply for temporary legal status. After five years, they could apply for a green card if they pass background checks (criminal and national security) and pay all of their taxes. Three years after getting a green card, residents who pass additional background checks and demonstrate knowledge of English and U.S. civics could apply to become citizens. If the legislation passes as proposed, temporary legal status applicants must have been physically present within U.S. borders on or before Jan. 1, 2021. For family unity and humanitarian purposes, the Secretary of the Department of Homeland Security is authorized to waive this presence requirement if someone was deported on or after Jan. 20, 2017, but was physically present in the U.S. for at least three years prior to their removal. At the end of the day, nearly 11 million immigrants living in the U.S. without documentation could be placed on a path toward earning U.S. citizenship if Biden’s immigration bill passes. There are many more For a group of people who have often been scapegoated and derided – especially within the past four years – the bill is also making a symbolic gesture. While U.S. immigration laws and documents use the term “alien” to refer to an immigrant, the word has grown out of fashion and has even morphed into a pejorative term. Should Biden’s bill pass, however, “alien” will be swapped for “noncitizen” to refer to those who have not yet attained U.S. citizenship. We at Garcia, Miranda, Gonzalez-Rua, P.A. are paying very close attention to how immigration laws and policies may soon change in the U.S. Should Congress affirm a path toward citizenship for noncitizens living in the country, we can help you take advantage of opportunities that may be available to you whether you’re a Dreamer, TPS holder, or an immigrant farmworker. For more information about our firm or immigration legal services, please call  786-686-3090  or contact us online.