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 specialized professionals can be expected to keep up with the demands of guiding clients through this ever changing environment.

Florida immigration Attorney Wayne Dapser focuses his practice solely on immigration matters and represents private individuals, families, businesses, universities and non-profit organizations before Immigration Judges, Board of Immigration Appeals, District Court and United States Circuit Courts. Although Attorney Dapser’s office is located in Florida, he is 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.

On March 1, 2003, the Immigration and Naturalization Service (INS) became part of the United States Department of Homeland Security and its functions were divided into three bureaus of that department:

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

Key West, Florida immigration lawyer Wayne Dapser possesses a thorough understanding of immigration law, and handle a variety of cases governed by USCIS including:

• Application for Permanent Residence
• Battered Spouse Petitions
• Consular Processing
• Criminal Deportation / Removal Defense
• Non-Criminal Deportation / Removal Defense
• Employment-Based Cases
• Family Based Visas
• Fiancé Visas
• H, L, E Visas
• Board of Immigration Appeals / Federal Court Litigation
• Labor Certifications
• Naturalization
• Political Asylum
• TN Visas

If you need a visa, wish to immigrate, are facing deportation or removal for any reason, or want to help bring a family member or employee to the United States, Attorney Wayne Dapser can help.  Please call his Firm today at 866-692-1335, or use the contact form provided on this site to schedule consultation.

Practice Areas and Legal Definitions

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. Attorney Wayne Dapser is able to facilitate all of the paperwork and applications, and contact the consular officers to facilitate approval of the application.

Criminal Deportation/Removal Defense:

Wayne Dapser represents immigrants in the United States who have been charged or convicted of a crime and are subsequently placed in deportation or removal proceedings. Since September 30, 1996, and 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 immigrationconsequences can now trigger deportation proceedings against an alien. Crimes as serious as murder, and as minor as shoplifting, can result in deportation.

Attorney Wayne Dapser constantly seeks to find creative solutions to his clients’ deportation problems by staying abreast of new laws and regulations in addition to federal court decisions affecting immigrants. He also vigorously pursues post-conviction remedies in criminal cases to create affirmative defenses from deportation and removal, and/or to allow aliens to qualify for deportation/removal discretionary waivers.

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)

Employment Visas/Labor Certification:

Wayne Dapser routinely handles all matters related to green card applications, labor certification and PERM applications. Wayne knows that it is critical that each application is meticulously prepared, all deadlines are met, all references are verified, data is exact and everything documented is in accordance with all current laws. The types of immigration law work Attorney Dapser does for employees and employers can include, but is not limited to:

• PERM Application
• E-1/E-2 – Treaty Country Investor Visas
• EB1 - National Interest Waiver, Alien Of Extraordinary Ability, Outstanding Professor Or Researcher, Multinational Executive
• EB2 - Member Of Profession Holding An Advanced Degree Or Alien Of Exceptional Ability \
• EB3 - Skilled Worker Or Professional
• EB4 - Any Other Worker
• EB5 - Immigrant Investor
• H-2A – Seasonal Worker Visas
• H-2B - Other Seasonal Work Visas
• L-1 - Inter-Company Transferees Visas

Family Based Visas/ Fiancée Visas:

Wayne Dapser helps fathers, daughters, mothers, son, fiancés and other relatives enter the United States with either an immigrant or non-immigrant visa. He can guide you through the many options that are available, and make certain that the paperwork is all in order so the petition is granted. 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 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.

H, L, E, Visas:

Non-immigrant work visas (H, L, O, P, Q) require a CIS-approved petition from a U.S. sponsor. Treaty-trader or treaty-investor visas (E1/E2) can be applied for directly by theindividual as long as he or she is from a country with which the United States has a treaty.

The most common work-related visas are H-1B Visas and L1 Visas. The H-1B is a way to bring foreign-born professionals to the United States for a period of up to six years. A sponsor is required, and the employment may only start up when the new employee is in the United States. The L1- Visa is for people working for an employer abroad for one year in a related business entity in a manager / executive or specialized knowledge staff capacity, and who will come to the United States to continue providing services for his or her employer.

The paperwork is important, but so is the communication. Florida immigration Attorney Wayne Dapser maintains excellent communication andregularly represents employees and employers within the following types of visa filings:

• B1 Temporary visitor for business
• B2 Temporary visitor for pleasure
• B1/B2 Temporary visitor for business or pleasure
• E1 Treaty trader, spouse and children
• E2 Treaty investor, spouse and children
• H1B (petition-based) Temporary worker in a specialty occupation
• H1C (petition-based) Registered nurses
• H2A (petition-based) Temporary worker performing agricultural services unavailable in the United States
• H2B (petition-based) Temporary worker performing non-agricultural services unavailable in the United States H3 (petition-based) Industrial trainee
• H4 (petition-based) Dependent of H1, H2 or H3
• L1 (petition-based) Intra-company transferee (executive, managerial, and specialized personnel continuing employment with an international firm or corporation)
• L2 (petition-based) Dependent of L1
• O1 (petition-based) Aliens with extraordinary ability in sciences, arts, education, business or athletics
• O2 (petition-based) Aliens accompanying and assisting the above in a professional capacity
• O3 (petition-based) Dependent of O1 or O2
• P1 (petition-based) Athletes and entertainers for a specific competition or performance
• P2 (petition-based) Athletes and entertainers participating in reciprocal exchange program
• P3 (petition-based) Artists and entertainers performing under a program that is culturally unique
• P4 (petition-based) Dependent of P1, P2 or P3
• Q (petition-based) International cultural exchange visitor

Political Asylum:

Wayne Dapser also assists those from other countries who apply for political asylum within the Untied States. 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. Attorney Dapser carefully examines every political asylum case to decide whether the case has merit or is frivolous. He will guide the client as to the proper course of action to enhance their claim.

TN Visas:

When the North American Free Trade Agreement (NAFTA) was implemented on January 1, 1994, a category for Mexican and Canadian professionals was created to allow for temporary entry into the United States.

Under the NAFTA, Mexican and Canadian professionals are now eligible for Trade NAFTA (TN) status. Under TN status, Mexican and Canadian citizens in certain professions may enter the United States to work for a U.S. company on a temporary basis. Eligible professionals may also work for Mexican and Canadian companies in the United States.

Professions Qualified For TN Status:

In order to qualify for TN status, the applicant must be intending to be involved in a profession listed in Appendix 1603.D.1 of NAFTA and the applicant must possess the required credentials to be considered a "professional." In most, but not all of the listed professions, a bachelor's degree or better is usually required. However, the list of eligible professions also includes occupations which do not necessarily require a bachelor's degree as a minimum requirement. Examples of these occupations are management consultants, hotel managers, librarians and graphic designers. The requirements for each of these categories appear in Appendix 1603.D.l of NAFTA.

If you need a visa, wish to immigrate, are facing deportation or removal for any reason, or want to help bring a family member or employee to the United States, Attorney Wayne Dapser can help. Please call his Firm today at 866-692-1335, or use the contact form provided on this site to schedule your free consultation.

Frequently Asked Questions

The following information includes frequently asked immigration questions. The answers stated are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel.  By contacting Attorney Wayne Dapser at 866-692-1335, you can receive a personal consultation regarding your specific legal claim.

How can I become a United States citizen?

Individuals not born as US citizens can receive citizenship through naturalization.

How can I become a citizen through the naturalization process?

• If you are not U.S. citizen by birth or did not acquire U.S. citizenship automatically after birth, you may still be eligible to become a citizen through the normal naturalization process. People 18 years and older can file "Application for Naturalization" (Form N-400).
• Persons who acquire citizenship from parent(s) while less than 18 years old can file an "Application for Certificate of Citizenship" (Form N-600) to document naturalization. Adopted children who acquire citizenship from parent(s) should file "Application for Certificate of Citizenship on Behalf of Adopted Child" (N-643) to document naturalization.

What are the requirements for naturalization?

• Period of continuous residence and physical presence in the United States
• Residence in a particular USCIS district prior to filing
• Ability to read, write, and speak English
• 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.

When does my time as a Permanent Resident begin?

On the date you were granted permanent resident status, which is on your Permanent Resident Card (formerly known as Alien Registration Card).

• What kind of profession requires an H-1B visa?
• The H-1B is a non-immigrant classification used by an alien who will be employed temporarily in a specialty occupation or as a fashion model of distinguished merit and ability.

What is a specialty occupation?

A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor’s degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology and the arts.

If I am an H-1B alien, how can I immigrate permanently to the U.S.?

An H-1B alien can be the beneficiary of an immigrant visa petition, apply for adjustment of status, or take other steps toward Lawful Permanent Resident status without affecting H-1B status. This is known as "dual intent" and has been recognized in the immigration law since passage of the Immigration Act of 1990. During the time that the application for LPR status is pending, an alien may travel on his or her H-1B visa rather than obtaining advance parole or requesting other advance permission from Immigration to return to the U.S.

Who is eligible for employment-based immigration?

There are five categories of employment-based immigration:

• EB-1 priority workers: aliens with extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers.
• EB-2 workers with advanced degrees or exceptional ability: aliens who are members of the professions holding advanced degrees or their equivalent and aliens who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States.
• EB-3 professionals, skilled workers, and other workers: aliens with at least two years of experience as skilled workers, professionals with a baccalaureate degree, and others with less than two years experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States.
• EB-4 special workers such as those in a religious occupation or vocation: aliens who, for at least two years before applying for admission to the United States, have been a member of a religious denomination that has a non-profit religious organization in the United States, and who will be working in a religious vocation or occupation at the request of the religious organization.
• EB-5 Employment Creation: You may be granted immigrant status in the United States for the purpose of engaging in a new commercial enterprise.

How can my spouse become a legal immigrant?

• There is a three-step process for your spouse to become a legal immigrant:
• USCIS must approve an immigrant visa petition that you file for your spouse.
• State Department visa bulletin must show that a spouse immigrant visa is available to your spouse, based on the date you filed the immigrant visa application.

If your spouse is outside the United States when your visa petition is approved and when an immigrant visa number (if required) becomes available, your spouse will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa. If your spouse is legally inside the U.S. when your visa petition is approved and when an immigrant visa number (if required) becomes available, he or she may use a Form I-485 to apply to adjust his or her status to that of a lawful permanent resident.

Can my spouse live in the U.S. while his or her visa petition is still pending?

If you are a U.S. Citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 Visa. This will entitle him or her to come to the U.S. to live and work while the visa petition is pending. The Form to file for this benefit is Form I-129F. It is not necessary for your spouse to obtain a K-3 visa in order to come to the U.S. to live and work. Your spouse may wait abroad for immigrant visa processing. However, seeking a K-3 visa can be a method for him or her to come to the U.S. more quickly.

How will my child emigrate to the U.S. from a foreign country?

• If you are a legal immigrant (or “lawful permanent resident”) or a foreign national who has been granted the privilege of living and working permanently in the United States, there is a three-step process for your child or son or daughter to become a legal immigrant:
• You must obtain USCIS approval of an immigrant visa petition that you file for your child, son or daughter.
• State Department must then give your son or daughter an immigrant visa number, even if he or she is already in the United States. If you are a U.S. citizen and the child is both under 21 years of age and unmarried, a visa number is not required.
• If your child or son or daughter is outside the United States, he or she will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa when one becomes available. If your child or son or daughter is legally in the U.S. when an immigrant visa number becomes available (or if one is not required), he or she may apply to adjust status to that of a lawful permanent resident using an I-485 form.