Orlando, FL Family Immigration Lawyer

Common Types of Family Immigration Cases We Handle

Our primary objective is to accommodate our clients by modifying our approach to align with their individual needs and unique circumstances. However, there are specific family immigration services that we find ourselves providing more frequently than others. These include:

• Asylum – Asylum is a form of protection granted to individuals who are already in the U.S. or at the border and meet the international definition of a "refugee"—someone who is unable or unwilling to return to their home country due to a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. The process involves the individual presenting their case to the U.S. Citizenship and Immigration Services (USCIS) (if they are not in removal proceedings) or to an immigration judge (if they are facing deportation). Successful applicants are granted the right to stay in the U.S. with the possibility to apply for lawful permanent resident status (a green card) after one year, and eventually U.S. citizenship.
• Violence Against Women Act (VAWA) – VAWA provides a pathway for non-citizen victims of domestic violence to apply for legal status independently of their abuser. Traditionally, individuals seeking to obtain legal status through a family relationship must rely on their U.S. citizen or lawful permanent resident (LPR) family members to petition on their behalf. However, VAWA allows victims of battery or extreme cruelty—irrespective of gender—committed by a U.S. citizen or LPR spouse, parent, or child, to self-petition for lawful residence without the abuser's knowledge or consent. This mechanism is designed to free victims from the abuser's control and provide them with a means to escape abusive environments while securing their legal status in the United States.
• Temporary Protected Status – Temporary Protected Status (TPS) serves as a humanitarian provision allowing nationals of certain countries undergoing severe conditions—such as ongoing armed conflict, environmental disasters, or extraordinary and temporary conditions—to reside and work in the U.S. for a designated period. The Department of Homeland Security (DHS) is responsible for designating countries eligible for TPS, and such designations are based on careful assessments of the conditions in these countries. While TPS does not lead directly to permanent resident status, it grants beneficiaries temporary relief from deportation and eligibility to obtain Employment Authorization Documents (EAD), thus offering them a chance to support themselves legally in the U.S. during the designation period.
• Unlawful Presence Waivers – Unlawful presence waivers provide a legal means for individuals who have accrued unlawful presence in the U.S. to apply for forgiveness from the U.S. government. This is crucial for those who wish to adjust their status or seek lawful reentry after departure or removal. Essentially, if an individual accumulates more than 180 days but less than a year of unlawful presence and then departs the U.S., they face a three-year bar from reentry. For those who have been unlawfully present for a year or more, departing the U.S. triggers a ten-year bar. The waiver, if granted, can remove these reentry bars. Applicants typically must demonstrate that denial of the waiver would result in extreme hardship to a U.S. citizen or lawful permanent resident spouse or parent. This process is complex and often requires meticulous legal documentation and evidence to support the hardship claim.
• Family-Based Immigration Petitions – Family-based immigration petitions are a primary pathway for foreign nationals to obtain lawful permanent residency (green card). This process typically begins when a U.S. citizen or lawful permanent resident sponsors a close family member, such as a spouse, child, parent, or sibling. The availability of visas for relatives, except for immediate family members of U.S. citizens, is subject to annual caps, leading to varying wait times based on the relative's country of origin and their familial relationship category. Once the petition is approved and a visa becomes available, the foreign relative can either adjust their status to permanent resident if they are already in the U.S. or apply for an immigrant visa through a U.S. consulate abroad.
• K Visas – K visas are specialized visas designed for the foreign-citizen fiancé(e)s (K-1) and spouses (K-3) of U.S. citizens. The K-1 visa allows the foreign-citizen fiancé(e) to enter the United States to marry his or her U.S. citizen sponsor within 90 days of arrival. After the marriage, the foreign citizen can apply for an adjustment of status to a permanent resident (green card holder) with the Department of Homeland Security. The K-3 visa similarly aims to reunite families by allowing spouses of U.S. citizens to enter the U.S. while awaiting approval of their immigrant visa petition.

Our Orlando family immigration attorney at American Dream Law Office, PLLC is here to help you. Don’t hesitate to reach out to us if you need help with a family immigration matter. Give us a call at (813) 499-1250 or connect with us online today to get started.