Immigration: Family

One of the World's Leading Immigration Law Firms

For over a quarter century, the attorneys of Kurzban, Kurzban, Weinger & Tetzeli, P.A. have been national leaders in immigration law. Our immigration lawyers have changed United States immigration law for the better, establishing many legal precedents, including the right of aliens to be free of discriminatory treatment under federal statutes and a constitutional right to seek asylum. (For more precedents set by our firm, please refer to our Appellate Decisions page.)

Ira J. Kurzban, Esq., one of our partners, and the Chair of the Immigration Department, has almost single-handedly revolutionized immigration law since the 1980s, helping convert it from a small matter of "pushing papers" to the large area of law that it is today. 

Mr. Kurzban has litigated over 50 reported immigration cases before federal district courts, federal courts of appeals, and the United States Supreme Court.  In fact, Mr. Kurzban has argued more immigration related cases before the United States Supreme Court than any other private practitioner in the United States.  Among the many highlights of his career are: a $500 million judgment won against Jean-Claude Duvalier, former dictator of Haiti; class action lawsuits winning residency for over 200,000 farm workers, McNary v. Haitian Refugee Center, Inc., 498 US 479 (1991) (establishing right to bring pattern and practice lawsuit by aliens against INS), release from detention of over 2,000 Haitian asylum seekers, Jean v. Nelson, 472 US 846 (1985) (establishing the right of aliens to non-discriminatory treatment under federal statutes),  and residency for over 40,000 Nicaraguans, Tefel v. Reno, 972 F.Supp. 608, 612-17 (S.D. Fla. 1997), rev’d on other grounds, Tefel v. Reno, 180 F.3d 1286 (11th Cir. 1999), cert. denied, 120 S.Ct. 2657 (2000); and establishing standards for fees under the Equal Access to Justice Act, Commissioner v. Jean, 496 U.S. 154 (1990).  Recently, Mr. Kurzban won a landmark case before the U.S. Court of Appeals for the Ninth Circuit involving hundreds of EB-5 immigrant investor plaintiffs who obtained conditional residency through their investments in the United States.  Chang v. United States, 327 F.3d 911 (9th Cir. 2003) (struck down retroactive application of new more restrictive standards for investors). 

Mr. Kurzban is the author of Kurzban’s Immigration Law Sourcebook.  (For more information, click on the link). This book, available in its 9th edition, is the most widely read single volume source book on immigration law, and is relied on by thousands of private practitioners, as well as government attorneys and judges.

Our attorneys are themselves immigrants, or in families of immigrants, and believe deeply in representing immigrants to the United States. We can help anyone on his or her road to citizenship. It is very important to us that people understand the basics of immigration law. What follows are the different options open to individuals and families who want to gain permanent residency visas (green cards), temporary / non-immigrant visas, who are facing deportation or other harsh punishment for criminal matters, and other immigration matter. For business-related immigration matters, please visit out Immigration: Business page.

Permanent Residency Visas (“Green Cards”)

• Family Sponsored Immigration: U.S. citizens may petition for spouses, parents, children and siblings to become permanent residents. Current permanent residents may petition for spouses and children to join them as permanent residents.

• Immediate Relative Non-preference – Spouses, parents and children of U.S. citizens;

• FB-1 First Preference - Unmarried sons and daughters of U.S. citizens;

• FB-2 Second Preference - Spouses and unmarried children and sons and daughters of permanent residents

• FB-3 Third Preference (former Fourth Preference) - married sons and daughters of U.S. citizens.

• FB-4 Fourth Preference (former Fifth Preference) - brothers and sisters of U.S. citizens.

• DV Lottery Visa:  The congressionally mandated Diversity Immigrant Visa Program is administered on an annual basis by the Department of State.  50,000 permanent resident visas are available annually to persons from countries with low rates of immigration to the United States.  Applicants for Diversity Visas are chosen by a computer-generated random lottery drawing. The visas, however, are distributed among six geographic regions with a greater number of visas going to regions with lower rates of immigration, and with no visas going to citizens of countries sending more than 50,000 immigrants to the U.S. in the past five years. Within each region, no one country may receive more than seven percent of the available Diversity Visas in any one year. 

Family-based Temporary or Non-Immigrant Visas

• K-1 Fiancée Visas: A Fiancé(e) of a U.S. citizen is eligible for a non-immigrant visa as long as the marriage is official within 90 days of entry.  K-2 Visa is available to dependent(s) of K-1 Visa holders.

• K-3 Visas: A spouse of a U.S. citizen is allowed to enter the United States on a K-3 Visa if the U.S. citizen’s petition for permanent residency for the spouse has not been approved and forwarded to the U.S. consulate in the spouse’s home country at the time of the K-3 interview.  K-4 Visa is available for dependent(s) of K-3 Visa holders.

• V Visa: A spouse or child of a lawful permanent resident, if the permanent resident filed a petition for the spouse or child before December 21, 2000 and the petition has been pending for more than three years.

Other Temporary or Non-Immigrant Visas

• A Diplomatic Visas:  Available to foreign governments officials, their employees and family members recognized by the U.S. coming on official business. 

• B-1/B-2 Visitor's Visas: Available to visitors coming to the U.S. for business (B-1) or pleasure (B-2). B-1 business visitor visas are for a short duration and must not involve local employment. Nationals of certain countries may also be eligible for visa waiver to visit the U.S. for up to 90 days without obtaining a visa pursuant to our visa waiver program. (e.g., Canada, UK, Japan).

• C Transit Visas:  C Visa is available to persons in “immediate and continuous transit through U.S.” (e.g., Crewmen joining ship. Businessmen traveling from Belize to Jamaica through U.S.).

• D Crewmen’s Visa: Available to crewman (person serving in good faith in any capacity required for normal operating and service on board a vessel), crewman trainees, and employees of owners or concessionaires (e.g., beautician).

• F-1 Academic Student Visas: Available to students pursuing full-time, non-vocational, academic programs at post-secondary institutions who are qualified to pursue such study.  A student in F-1 status is given duration of status (“D/S”), meaning s/he maintains the F-1 status as long as s/he is enrolled in the program full-time.  Absent prior permission by the school and the U.S. Department of Homeland Security, the student must be enrolled at school full-time in order to maintain the F-1 status.  An F-1 student may work pursuant to curricular practical training (“CPT”) program during school years.  In addition, an F-1 student may work pursuant to optional practical training (“OPT”) program while in school or after graduation for up to one year.  Any OPT period used during school years is subtracted from the maximum one-year OPT period.  OPT must be completed within 14 months of the completion of study.  An F-1 student is given a 60-day grace period to depart the U.S. immediately following either completion of study or OPT.  A person in F-1 status may change status to H-1B (or another status) during the 60-day grace period.

• G Visas: G Visas are for representatives of foreign governments and international organizations and their employees and family members.  There are five different categories.  G-1s are for members of a permanent mission of a recognized government. G-2s are for representatives of a recognized government and their immediate family, including military officers assisting the UN with peacekeeping matters, attendees of courses at the IMF and the World Bank, and other accredited representatives and immediate family. G-3s are for G-l/G-2s who are from governments without de jure recognition from the U.S., or are from a nonmember country of an international organization. G-4s are for officers and employees of international organizations and immediate family, including “personnel of any rank.” G-5s are for attendants, servants and personal employees of G-l to G-4.

• H-1B Specialty Occupation (Professional) Visas: Professional workers with at least a bachelor's degree (or its equivalent work experience) may be eligible for a non-immigrant visa if their employer can demonstrate that they are to be paid at least the prevailing wage for the position.

• I-1 Journalist/Representatives of Media Visas:  Available to members of the foreign press or the media seeking to enter the U.S. solely for non-commercial vocational purposes.  I visa holders are admitted for duration of status and may extend their stay as long as they continue to pursue their vocational activities in the U.S.

• J-1 and Q-1 Exchange Visitor Visas: Persons coming to the U.S. in an approved exchange program may be eligible for the J-1 Exchange Visitor's visa. J-1 programs often cover students, short-term scholars, business trainees, teachers, professors and research scholars, specialists, international visitors, government visitors, camp counselors and au pairs. In some cases, participation in a J-1 program will be coupled with the requirement that the beneficiary spend at least two years outside of the U.S. before being permitted to switch to a different non-immigrant visa or to permanent residency. Mr. Kurzban regularly handles the application process for persons seeking a waiver of the 2-year home residency requirement that applies to many J-1 visa holders.

• M-1 Vocational Student Visas:  Person seeking to pursue non-academic vocational study at post-secondary vocational/business schools may be eligible for M-1 visas.  Unlike other “duration of status” visas (i.e., F-1 & I-1), M-1 visa holders may not change their status to another nonimmigrant status.

• N Visas: Available to parents and children of G-4s and NATO employees accorded special immigrant status under INA §101(a)(27)(I) or (L) if the child is given the visa during the time s/he is under 21.

• S Visa: Available to persons who assisted the U.S. federal or state government by providing information essential to the success of an authorized criminal investigation or prosecution.

• T Visa: A person who has been subject to severe forms of trafficking in persons (the use of force fraud or coercion for sex trafficking and/or involuntary servitude, peonage, debt bondage, or slavery).

• TN Status Under the North American Free Trade Agreement: A special category has been set up for nationals of Canada and Mexico under the provisions of the North American Free Trade Agreement. TN status permits a person to enter the U.S. to engage in employment.

• U Visa: A person who has suffered substantial physical or mental abuse as a result of having been a victim of certain crimes may obtain a U visa.

• V Visa: A spouse or child of a lawful permanent resident, if the permanent resident filed a petition for the spouse or child before December 21, 2000 and is pending for more than three years.

Federal Court Litigation and Removal Defense

Legal immigrants and permanent residents are subject to severe punishments if convicted of a major crime. Immigrants can suffer cancelled visas, detention, and removal proceedings for arrests. For decades, Kurzban, Kurzban, Weinger & Tetzeli, P.A. have represented businesses and individuals before the Administrative Appeals Unit, Immigration Court, Board of Immigration Appeals, and the federal courts. The leader of our immigration practice, Ira J. Kurzban, has argued more immigration related cases before the United States Supreme Court that any other private practitioner in the country. Our attorneys' wide-ranging litigation experience can help anyone avoid deportation and minimize related punishments and penalties.

Other Immigration Matters

As one of the top immigration law firms in the United States, Kurzban, Kurzban, Weinger & Tetzeli, P.A. can help with any immigration matter. Our lawyers especially enjoy helping people with international adoptions; there are few more rewarding things in this life than bringing a needy child and a loving family together. We also help with naturalization applications and any attempts to gain citizenship.

Kurzban, Kurzban, Weinger & Tetzeli, P.A. remains a relatively small law firm of ten attorneys because we only wish to concentrate in a few areas of the law.  No one deals with immigration matters with the skill, proficiency, and compassion for the "little guy" that we do at KKWT. To learn more about how we can help your case, contact us. Call us for your consultation. Located in Miami, Florida, our Immigration practice spans the whole world, including Argentina, Brazil, Chile, China, Colombia, Cuba, Denmark, Ecuador, France, Germany, Haiti, Hong Kong, India, Ireland, Israel, Korea, Lebanon, Mexico, Morocco, Nigeria, Norway, Pakistan, Panama, Peru, Philippines, Rewanda, Russia, Saudi Arabia, South Africa, Spain, Sweden, United Kingdom, Venezuela and much more.