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The Law Offices of Vincent E. Miller, P.A.

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The Law Offices of Vincent E. Miller, P.A.

Vincent E. Miller is a U.S. immigration attorney. Mr. Miller handles all phases of U.S. immigration law, including appeal. Miller, P.A. immigration matters.

He is admitted to practice before all state and federal courts in Florida. Miller opened The Law Offices of Vincent E. in September 2006 in downtown Delray Beach, Florida. Miller represents individuals and corporate entities in U.S. He guides people through the process of becoming U.S. citizens; guides people through the process of becoming permanent U.S. residents; unites families in the U.S.; ob

tains lawful residence for spouses, mothers, and fathers; adjusts statuses for foreign nationals currently residing in the U.S.; and, obtains lawful status through employment or investment.

06/25/2022

Ukraine has been designated for Temporary Protected Status, effective April 19, 2022 through October 19, 2023. Ukrainians residing in the United States since April 11, 2022, and who have been continuously physically present in the United States since April 19, 2022, can now apply for Temporary Protected Status.

Temporary Protected Status (TPS) is a temporary immigration status provided to nationals of certain countries that are experiencing severe problems making it unsafe for them to return to their home countries. TPS has been a lifeline to hundreds of thousands of individuals already in the United States when very serious problems in their home countries make their departure or deportation untenable.

If you have questions, get in touch with me.

10/14/2021

Vaccination Requirements for International Travelers to the USA

All adult foreign nationals will be required to be fully vaccinated, and show proof of vaccination against COVID-19 prior to boarding any international flight traveling to the United States. IN ADDITION, fully vaccinated aircraft passengers headed to the United States will continue to be required to show proof of a negative COVID-19 test taken within three days of departure.

Unvaccinated American citizens will be required to provide proof of a negative test within one day of departure.

This change in policy is scheduled to go into effect in early November 2021

10/06/2021

Updated Travel Requirements From The Bahamas To The U.S.

Updated on September 21, 2021

All travelers seeking entrance into the United States via air or sea from The Bahamas must meet the following requirements for admission into the United States.

By air – All travelers (U.S. citizens and lawful permanent residents, Bahamians, and individuals of all other nationalities) departing The Bahamas by air must possess a valid passport or Bahamian Travel Document.

Some Bahamian travelers may not require a visa. See the “Preclearance Requirements” below.

By sea – All travelers departing The Bahamas by sea must be in possession of a valid passport AND valid travel visa.

U.S. Customs and Border Patrol Preclearance Requirements:

Be advised that U.S. Customs and Border Protection has the final authority and discretion to permit admission into the United States.

Bahamian travelers departing Lynden Pindling International Airport in Nassau by air may apply for admission without a visa if they meet these U.S. Customs and Border Protection Preclearance Requirements:

Traveling on a flight for which U.S. Customs and Border Protection completes immigration and customs inspections (currently, CBP Preclearance operates between 9:00am and 6:00pm). *Note – Bahamians traveling on to another country and expecting to transit the United States on their return will need a visa

Be in possession of a valid passport or Bahamian Travel Document listing nationality as Bahamian;

Be traveling for business or pleasure (tourism, shopping, business meeting, etc.) for a short duration

Have no criminal record nor any legal ineligibility or inadmissibility;

Have a police certificate issued within the past six months if 14 years of age or older.

If you have questions about traveling to or from the Bahamas, do not hesitate to contact me.

08/01/2021

TPS for Haiti

The 18-month designation of Haiti for TPS is effective on August 03, 2021 and will remain in effect for 18 months, through February 3, 2023. The registration period for eligible individuals to submit TPS applications begins August 03, 2021.

Continuous residence in the United States since July 29, 2021, in addition to other eligibility criteria, is required. Applicants for TPS under this designation must also demonstrate that they have been continuously physically present in the United States since August 03, 2021, the effective date of this designation of Haiti, for USCIS to grant them TPS.

05/23/2021

Haiti Designated for Temporary Protected Status for 18 Months

Secretary of Homeland Security Alejandro N. Mayorkas announced a new 18-month designation of Haiti for Temporary Protected Status (TPS). This new TPS designation enables Haitian nationals currently in the U.S. as of May 21, 2021 to file initial applications for TPS, so long as they meet eligibility requirements.

“Haiti is currently experiencing serious security concerns, social unrest, an increase in human rights abuses, crippling poverty, and lack of basic resources, which are exacerbated by the COVID-19 pandemic,” said Secretary Mayorkas. “After careful consideration, we determined that we must do what we can to support Haitian nationals in the United States until conditions in Haiti improve so they may safely return home.”

Mayorkas designated Haiti for TPS due to extraordinary and temporary conditions in Haiti that prevent nationals from returning safely, namely, a political crisis and human rights abuses; serious security concerns; and the COVID-19 pandemic’s exacerbation of a horrid economic situation and lack of access to food, water, and healthcare.

TPS will apply only to those who are already residing in the U.S. as of May 21, 2021. Any who travel to the U.S. after this date will not be eligible for TPS.

03/06/2021

The American Dream and Promise Act

The American Dream and Promise Act was introduced in the U.S. House of Representatives on March 04, 2021. The focus of this legislation - like the Dream Act introduced in the U.S. Senate - is to provide a pathway to citizenship for foreign nationals brought to the United States as children.

What is different about this new Dream Act? Before, the Dream Act provided a citizenship path only to those children who were deportable because they arrived into the United States undocumented, or otherwise lost their lawful immigration status.

The new Dream Act now includes the children of foreign-born professionals who came to the United States legally - via temporary work visas.

Put simply, the new Dream Act extends the path to citizenship to include “legal dreamers,” that is foreign-born children of temporary workers who grow up in this country and lose their legal status at age 21.

If approved, the dreamer will become a conditional legal permanent resident of the United States.

Reach out to me if you are interested in discussing further

02/06/2021

President Biden Sends Immigration Bill to Congress to Modernize U.S. Immigration System

The U.S. Citizenship Act of 2021 seeks to reform major areas of the U.S. immigration system, including creating new pathways to citizenship for undocumented individuals and individuals with temporary status.

The below bullet points best summarize the specifics of President Biden’s proposed pathway to citizenship:

• Applies to 11+ million undocumented workers in the United
States, including the Deferred Action for Childhood Arrivals or
“DACA” (also known as the “Dreamers”), those with Temporary
Protected Status (TPS), and immigrant farmworkers.

• Creates a roadmap to citizenship for undocumented
individuals. The bill allows undocumented individuals to apply
for TEMPORARY LEGAL STATUS, with the ability to apply for
green cards, after five years if they pass criminal and national
security background checks and pay their taxes. Stated
differently, Joe Biden’s immigration bill establishes a 5-year
path to TEMPORARY LEGAL STATUS, or a green card, for those
undocumented people living in the United States as of January
1, 2021, if they pass background checks, pay taxes, and fulfill
other basic requirements.

• Dreamers, TPS holders, and immigrant farmworkers who meet
specific requirements are eligible for green cards immediately
under the legislation.

Joe Biden’s immigration bill establishes a subsequent 3-year
path from green card to naturalization, pending additional
background checks. Stated differently, after 3 years, all green
card holders who pass additional background checks and
demonstrate a command of the English language and U.S.
civics can apply to become citizens. Applicants must be
physically present in the United States on or before January 1,
2021.

01/11/2021

More Immigrants Will Come to the United States Under President Joe Biden. And That's A Good Thing

President Biden intends to improve the immigration system by replacing Trump’s anti‐immigration policies with welcoming ones.

President Biden will ask Congress to increase the number of employment-based green cards for skilled immigrant workers. Biden’s proposal allows the number of employment-based green cards to fluctuate with the unemployment rate. It also exempts PhDs.

Biden also wants to increase family‐sponsored immigration by exempting about 90,000 spouses and minor children of green card holders from any numerical cap. Those green cards would then go to some of the more than 3 million adult children and siblings of U.S. citizens and green card holders.

Biden will also ask Congress to create a new temporary visa to allow family‐sponsored immigrants to come to the United States to live and work legally while they wait for permanent residence. Biden also proposes to immediately increase the asylum / refugee cap to 125,000, which would be the highest number since President George H. W. Bush.

This is just a very general idea of the Biden Administration's direction with respect to improving U.S. immigration.

06/22/2020

DACA IN A NUTSHELL

In the summer of 2012, the Department of Homeland Security (DHS) announced an immigration program known as Deferred Action for Childhood Arrivals (DACA). DACA allows certain undocumented foreign-born persons, who entered the United States as children, to apply for a two-year stay of the deportation process. Those granted relief under DACA are also eligible for authorization to work. Over 700,000 undocumented foreign-born persons have applied for this opportunity.

Put simply, DACA provides a two (2) year reprieve from deportation with eligibility to work during the protection period. President Barack Obama created DACA by executive action.

Shortly after Donald Trump’s election, U.S. Attorney General, Jeff Sessions III, advised DHS to terminate DACA, concluding that it was unlawful. Acting Secretary of DHS, Elaine Duke, acted on Sessions’s advice and terminated DACA.

DACA’s termination was immediately challenged. Those challenging DACA’s termination called the decision to terminate “arbitrary and capricious,” meaning the decision to terminate DACA was impulsive, thoughtless with no legal or otherwise sensible basis. Those challenging DACA’s termination claimed that DACA’s termination violated due process protections guaranteed by the 5th Amendment.

In response, the Trump Administration argued that its decision to terminate DACA was unreviewable by any federal court: that the federal courts had no authority to decide its decision to terminate DACA.

Each federal court hearing the challenge to DACA’s termination rejected The Trump Administration’s argument. One federal court, the U.S. District Court in the District of Columbia, took a different approach. The DC federal court found that the Trump Administration’s argument to terminate DACA required further explanation. So, it gave the Trump Administration 90 days to re-issue its decision to terminate DACA - this time with a full explanation of DACA’s purported illegality.

DHS Secretary, Kirstjen M. Nielsen, responded to the DC federal court’s order. She declined to disturb or replace her predecessor’s decision. Instead, she merely explained why she thought her predecessor’s decision was sound. She reiterated the same illegality conclusion with no new reasoning.

With nothing meaningful to reconsider, the DC federal court found Neilson’s response woefully inadequate, and ruled against the Trump Administration.

Writing the majority opinion for the U.S. Supreme Court, Chief Justice John Roberts agreed with the DC federal court’s opinion. The Trump Administration’s rationale for terminating DACA was impulsive and thoughtless with no legal or otherwise sensible basis - “arbitrary and capricious.”

President Barack Obama’s executive action to provide a two (2) year protection from deportation for undocumented foreign-born persons, who entered the United States when they were children, is lawful. DACA is valid U.S. immigration law.

If you want to know more about DACA and how it works, call me. Let’s talk.

05/27/2020

Obtaining U.S. Citizenship with Expiring or Expired Green Card

Attention All Legal Permanent Residents (Green Card Holders):

You do not lose your permanent resident status when your green card expires; however, it is extremely important to renew your Green Card every 10 years. It is in your best interest to always possess a valid Green Card.

When you do start the Green Card renewal process, seriously consider whether you are eligible for U.S. citizenship.

If you apply for U.S. citizenship 6 months or more before your Green Card expires, you do not need to apply for a new Green Card.

If you apply for U.S. citizenship with less than 6 months before your Green Card expires, or your Green Card has already expired, you must renew your Green Card.

Address

55 SE 2nd Avenue, Ste 201
Delray Beach, FL
33444

Opening Hours

Monday	9am - 5pm
Tuesday	9am - 5pm
Wednesday	9am - 5pm
Thursday	9am - 5pm
Friday	9am - 5pm

Telephone

+15618196220

Website

http://www.vemlaw.com/

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