Each day, immigrants from all over the world pursue the dream of American citizenship. Unfortunately, many immigrants lose their opportunity for U.S. citizenship because they lack proper legal representation.

Immigration, citizenship and nationality are increasingly complex and dynamic areas of law. Only dedicated and experienced professionals can be expected to keep up with the demands of guiding clients through this ever-changing environment. As an experienced Fort Lauderdale Immigration Attorney, I focus my practice on immigration matters and represent private individuals and families before Immigration Judges, Board of Immigration Appeals, District Court and United States Circuit Courts.

Although my office is located in Florida, I am qualified to represent all immigration clients in all U.S. deportation cases, in visa applications throughout the United States and in U.S. consular processing throughout the world, including cases involving the following agencies:

• USCIS - U.S. Citizenship and Immigration Services
• ICE - U.S. Immigration and Customs Enforcement
• CBP - U.S. Customs and Border Protection

As a skilled Fort Lauderdale Immigration Attorney, I possess a thorough understanding of immigration law and handle a variety of cases governed by USCIS including:

• Family Permanent Residency and Visas
• Citizenship and Naturalization
• Applications for Adjustment of Status
• T.P.S. (Temporary Protected Status)
• Battered Spouse Petition
• Consular Processing
• Fiancée Visas
• Board of Immigration Appeals/Federal Court Litigation
• Political Asylum
• Waivers of Inadmissibility
• Employment Authorization
• I-130 Petition
• Employment Based Green Card/Residency
• Labor Certification/PERM
• B1/2 Visas
• E1/2 Visas
• F1/2 Visas
• H Visas
• I Visas
• J-1 Visas
• K1/3 Visas
• L Visas
• M Visas
• O Visas
• P Visas
• Q Visas
• R1/2 Visas
• TN Visas
  

Our office is dedicated solely to the practice of immigration law, allowing for full concentration on the many aspects of this ever-changing field. I have been very successful in meeting the legal needs of members of the immigrant community, whether it be by helping them to acquire their green card through their family, helping them to become naturalized U.S. citizens, helping them to acquire Temporary Protected Status, or helping them to expunge or vacate a criminal conviction, thus allowing them to remain in the U.S.

If you or someone you know in Florida or worldwide needs the assistance of an experienced Fort Lauderdale Immigration Attorney, call Joy E. Rothenberger today at 866-636-6124, or complete the contact form provided on this site to schedule your initial consultation.

Practice Areas and Legal Definitions

Permanent Resident:
A Permanent Resident is an alien admitted to the United States as a lawful permanent resident. Permanent residents are also commonly referred to as immigrants; however, the Immigration and Nationality Act (INA) broadly defines an immigrant as any alien in the United States, except one legally admitted under specific nonimmigrant categories (INA section 101(a) (15)). An illegal alien who entered the United States without inspection, for example, would be strictly defined as an immigrant under the INA, but is not a permanent resident alien. Lawful permanent residents are legally accorded the privilege of residing permanently in the United States. They may be issued immigrant visas by the Department of State overseas or adjusted to permanent resident status by U.S. Citizenship and Immigration Services in the United States.

Battered Spouse Petition:
Under the Violence Against Women Act (VAWA) passed by Congress in 1994, the spouses and children of United States citizens or lawful permanent residents (LPR) may self-petition to obtain lawful permanent residency. The immigration provisions of VAWA allow certain battered immigrants to file for immigration relief without the abuser's assistance or knowledge, in order to seek safety and independence from the abuser.

A VAWA self-petitioner files Form I-360, which replaces the Relative Petition (Form I-130) filed by the spouse. VAWA allows the immigrant to control the process instead of relying on the abusive United States citizen or Lawful Permanent Resident spouse. Any immigrant, male or female, is eligible to self-petition under VAWA if all of the following requirements are met:

• There is/was a good faith marriage between the immigrant and a United States citizen or Lawful Permanent Resident
• The marriage is/was legally valid
• There is/was abuse (physical, emotional, mental, psychological)
• There is/was joint residence
• The self-petitioner is a person of good moral character

Consular Processing:
If an individual is in another country, he or she may apply for a visa or green card in the U.S. embassy of his or her home country. I am able to facilitate all of the paperwork and applications and contact the consular officers to facilitate approval of the application.

Criminal Deportation/Removal Defense:
Immigrants in the United States who have been charged or convicted of a crime can be subsequently placed in deportation or removal proceedings. Since September 30, 1996, with the passage of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, (Pub. L. No. 104-208, 110 Stat. 3009 "IIRAIRA"), the rights of aliens in the United States have been severely curtailed when past criminal conduct is a factor. Crimes that previously did not cause immigration consequences can now trigger deportation proceedings against an alien. Crimes as serious as murder, and as minor as shoplifting, can result in deportation.

There are three agencies, which may have jurisdiction or input into a deportation or removal proceeding:

• USCIS – U.S. Citizenship and Immigration Services (for green cards and citizenship)
• ICE – U.S. Immigration and Customs Enforcement(for deportations and investigations)
• CBP – U.S. Customs and Border Protection(for airport and border crossing issues)

Non-Criminal Deportation/Removal Defense:
Deportation (or removal) occurs when an alien is found to have violated certain immigration or criminal laws, consequences being that the alien forfeits his or her right to remain in the U.S., and is usually barred from returning.

If the DHS believes that you should be removed or deported from the United States, or an individual is found "inadmissible" to the United States, the DHS will issue a piece of paper called a "Notice to Appear" or "NTA" which initiates court proceedings to determine if an individual is removable, deportable or inadmissible from the United States. An Immigration Judge presides over these court proceedings which are held at US Immigration Courts across the country. These are formal court hearings and should be taken very seriously as your immigration record may be permanently affected and you can be physically deported from the United States. Only an Immigration Judge can determine if you are removable, deportable or inadmissible and whether you have relief from removal. If the Immigration Judge denies relief, you may appeal to the Board of Immigration Appeals which has jurisdiction over decisions made by Immigration Judges.

Family Based Visas/ Fiancée Visas:
Fathers, daughters, mothers, sons, fiancés and other relatives can enter the United States with either an immigrant or non-immigrant visa. There are many options that are available. Parents, spouses and unmarried children under 21 years of age of U.S. Citizens are considered immediate relatives and are not placed under a quota system. The others are placed into preference order which determines who is given priority entry into the United States:

• First Preference: Unmarried, adult (21 years of age or older) sons and daughters of U.S. citizens.
• Second Preference: Spouses of lawful permanent residents and the unmarried sons and daughters of lawful permanent residents.
• Third Preference: Married sons and daughters of U.S. citizens.
• Fourth Preference: Brothers and sisters of adult U.S. citizens.

This process can take a very long time (several years) depending upon the preference ranking. The most current online visa bulletin will give those who are waiting an idea of how long they must wait for their immigration application or green card to be granted.

Fiancée Visas:
For those seeking to bring a fiancé or fiancée to the United States, a K-1 visa application will allow the fiancé (e) to enter the United States. Both parties must be unmarried, legally divorced or annulled, or widowed. The marriage must take place within 90 days of entry into the United States.

Board of Immigration Appeals/Federal Court Litigation:
The Board of Immigration Appeals (BIA or Board) is the highest administrative body for interpreting and applying immigration laws. The Board has been given nationwide jurisdiction to hear appeals from certain decisions rendered by Immigration Judges and by District Directors of the Department of Homeland Security (DHS) in a wide variety of proceedings in which the Government of the United States is one party and the other party is either an alien, a citizen or a business. In addition, the Board is responsible for the recognition of organizations and accreditation of representatives requesting permission to practice before DHS, the Immigration Courts and the Board.

Decisions of the Board are binding on all DHS officers and Immigration Judges unless modified or overruled by the Attorney General or a Federal court. All Board decisions are subject to judicial review in the Federal courts. The majority of appeals reaching the Board involve orders of removal and applications for relief from removal. Other cases before the Board include the exclusion of aliens applying for admission to the United States, petitions to classify the status of alien relatives for the issuance of preference immigrant visas, fines imposed upon carriers for the violation of immigration laws, and motions for reopening and reconsideration of decisions previously rendered.

While most immigration matters involve administrative court proceedings at the US Immigration Courts and the Board of Immigration Appeals, federal courts such as the Court of Appeals and the U.S. District Courts have jurisdiction over very significant immigration matters.

Naturalization:
Naturalization is the process by which a foreign person becomes a U.S. citizen. Almost everyone who goes through naturalization must first have held a green card for several years. A naturalized U.S. citizen has virtually the same rights as a native-born American citizen.

Naturalization is the process by which U.S. citizenship is conferred upon a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA). The general requirements for administrative naturalization include:

• a period of continuous residence and physical presence in the United States;
• residence in a particular USCIS District prior to filing;
• an ability to read, write and speak English;
• a knowledge and understanding of U.S. history and government;
• good moral character;
• attachment to the principles of the U.S. Constitution; and,
• favorable disposition toward the United States.

All naturalization applicants must demonstrate good moral character, attachment and favorable disposition. The other naturalization requirements may be modified or waived for certain applicants, such as spouses of U.S. citizens.

Political Asylum:
Political Asylum may be granted to people who are already in the United States and are unwilling or unable to return to their home country because of persecution or a well-founded fear or persecution on account of race, religion, nationality, membership in a particular social group or political opinion. As of 1996, persons in the United States have one calendar year to apply for political asylum, unless the conditions of the country of persecution change or there are exceptional circumstances.

Waivers of Inadmissibility:
An Application for a Waiver of Inadmissibility is an application for legal entry to the United States made by an individual who is otherwise inadmissible on one or more grounds.  The application is submitted to U.S. Citizenship and Immigration Services (USCIS), a Bureau of the U.S. Department of Homeland Security (DHS).

Employment Authorization:
U.S. employers must check to make sure all employees, regardless of citizenship or national origin, are allowed to work in the United States. If you are not a citizen or a lawful permanent resident, you may need to apply for an Employment Authorization Document (EAD) to prove you may work in the United States.

USCIS issues Employment Authorization Documents (EAD) in the following categories:

• EAD: This document proves you are allowed to work in the United States.
• Renewal EAD: You should apply for a renewal EAD six months before your original EAD expires.
• Replacement EAD: This document replaces a lost, stolen or mutilated EAD. A replacement EAD also replaces an EAD that was issued with incorrect information, such as a misspelled name.
• Interim EAD: If USCIS does not approve or deny your EAD application within 90 days (within 30 days for an asylum applicant; note: asylum applicants are eligible to file for EADs only after waiting 150 days from the date they filed their properly completed original asylum applications), you may request an interim EAD document.
• The specific categories that require an Employment Authorization Document include (but are not limited to) asylees and asylum seekers; refugees; students seeking particular types of employment; applicants to adjust to permanent residence status; people in or applying for temporary protected status; fiancés of American citizens; and dependents of foreign government officials. Please see Form I-765 (Application for Employment Authorization) for a complete list of the categories of people who must apply for an Employment Authorization Document to be able to work in the United States.
• If you are a U.S. citizen, you do not need an Employment Authorization Document.
• If you are a lawful permanent resident or a conditional permanent resident, you do not need an Employment Authorization Document. Your Alien Registration Card proves that you may work in the United States.
• If you are authorized to work for a specific employer, such as a foreign government, you do not need an Employment Authorization Document. Your passport and your Form I-94 (Arrival-Departure Record) prove that you may work in the United States. Please see 8 CFR 274a.12(b), which provides a full list of the categories of people who do not need to apply for an EAD.

B-1 Visitor for Business:
This visa allows a foreign national to enter the U.S. to conduct business associated with international trade or commerce. However, this visa does not authorize employment in the United States.

E-1 Treaty Trader/ E-2 Treaty Investor:
This category is available to citizens of countries which have a treaty of trade and commerce with the U.S. An E-1 Trader is required to conduct "substantial" trade between his or her country and the United States. Likewise, an E-2 Investor must make a "substantial" investment in the U.S. In addition, some key employees who are nationals of the treaty country may be eligible for E status. For this category, there is no maximum period of stay.

H-1B1 Temporary Workers:
This status is available to foreign nationals who have attained at least a baccalaureate degree (or its equivalent), and are working in a specialty occupation which requires the degree as the minimum for entry into the field. The employment is "employer-specific." The petitioning employer must file attestations with the U.S. Department of Labor, including an attestation that the salary offered is at least the prevailing wage for the position. Foreign nationals with an H-1B1 Visa are allowed to remain in the United States for a period of six years.

H-3 Trainees:
The H-3 Visa is available to foreign nationals who will be trained by an American employer, as long as the training is not designed to provide productive employment. The visa allows a stay of two years.

L-1A/L-1B Intra-company Transferees:
These visas are available to employees of international companies who have worked abroad for a related company for at least one year in the three years immediately preceding the filing of the application. The L-1A classification is available to managers or executives for a stay of up to seven years; L-1B classification is available to employees with specialized knowledge; they may remain in the United States for five years.

TN NAFTA:
This classification is available to qualified workers from Canada and Mexico entering the United States to work in fields designated in the NAFTA Treaty. The TN worker must have the intent to remain only temporarily in the U.S. The visa allows stays of up to one year.

Labor Certification:
A "labor certification" is a determination by the U.S. Department of Labor that there are no available and qualified American workers for a position being offered, and that the employment of a foreign national will not adversely affect the wages and working conditions of U.S. workers. The process is somewhat lengthy and the employer must conduct a supervised recruitment with a state employment service in order to test the labor market. Generally, the foreign national is in a valid nonimmigrant status during this process, unless he or she is abroad.

Temporary Protected Status:
Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of designated countries (or parts thereof). In 1990, as part of the Immigration Act of 1990 (“IMMACT”), P.L. 101-649, Congress established a procedure by which the Attorney General may provide TPS to aliens in the United States who are temporarily unable to safely return to their home country because of ongoing armed conflict, an environmental disaster, or other extraordinary and temporary conditions. On March 1, 2003, pursuant to the Homeland Security Act of 2002, Public Law 107-296, the authority to designate a country (or part thereof) for TPS, and to extend and terminate TPS designations, was transferred from the Attorney General to the Secretary of Homeland Security. At the same time, responsibility for administering the TPS program was transferred from the former Immigration and Naturalization Service (Service) to U.S. Citizenship and Immigration Services (USCIS), a component of the Department of Homeland Security (DHS).

During the period for which a country has been designated for TPS, TPS beneficiaries may remain in the United States and may obtain work authorization. However, TPS does not lead to permanent resident status.  When the Secretary terminates a TPS designation, beneficiaries revert to the same immigration status they maintained before TPS (unless that status had since expired or been terminated) or to any other status they may have acquired while registered for TPS. Accordingly, if an alien had unlawful status prior to receiving TPS and did not obtain any status during the TPS designation, the alien reverts to unlawful status upon the termination of that TPS designation.

I-130 Petition:
An I-130 is a Petition for Alien Relatives and it applies to mothers, fathers, sisters, brothers and children. Parents, spouses and unmarried children under 21 years of age of U.S. Citizens are considered immediate relatives and are not placed under a quota system. The others are placed into preference order which determines who is given priority entry into the United States:

• First preference: Unmarried adult (21 years of age or older) sons/daughters of US citizens
• Second preference: Spouses of lawful permanent residents and unmarried sons and daughters of lawful permanent residents
• Third preference: Married sons and daughters of U.S. citizens
• Fourth Preference: Brothers and sisters of adult U.S. citizens

This process can take a very long time (several years) depending upon the preference ranking. The most current online visa bulletin will give those who are waiting an idea of how long they must wait for their immigration application or green card to be granted.

If you or someone you know in Florida or worldwide needs the assistance of an experienced Fort Lauderdale Immigration Attorney, call Joy E. Rothenberger today at 866-636-6124, or complete the contact form provided on this site to schedule your initial consultation.

If you or someone you know in Florida or worldwide needs the assistance of an experienced Fort Lauderdale Immigration Attorney, call Joy E. Rothenberger today at 866-636-6124 or complete the contact form provided on this site to schedule your initial consultation.

ADDRESS OF THE FIRM:
Law Office of Joy E. Rothenberger
9000 Sheridan Street, Suite 151
Pembroke Pines, FL 33024
Telephone: 866-636-6124
Fax: 954-450-1212

MEMBERS OF THE FIRM:

Joy E. Rothenberger

EDUCATION:

• Nova Southeastern University, J.D., 2000
• Nova Southeastern University, B.S., 1996

JURISDICTIONS:

• Florida