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De Maio Immigration Law


Criminal Records and Citizenship
This legal column explains why a criminal record does not produce an automatic answer in a citizenship case. It examines the federal immigration definition of conviction, Florida withholds of adjudication, sealed records, the good-moral-character period, review of lawful permanent residence and the independent danger of omissions. It incorporates USCIS’s 2025 policy, strengthened screening announced in 2026 and denaturalization activity reported by the Department of Justice.

Viktor De Maio
Sep 811 min read


A Cuban’s Green Card Does Not Always Protect the Entire Family
A Cuban relative’s Green Card does not automatically determine the immigration options of the entire family. This Legal Column examines five common misconceptions about the Cuban Adjustment Act, family members, and eligibility for permanent residence.

Viktor De Maio
Sep 312 min read


Adjustment of Status After 2026: USCIS, Discretion and Evidence
Adjustment of Status remains available to eligible immigrants, but USCIS's evolving approach places greater emphasis on discretion and the evidence contained in the record. Applicants should not assume that an RFE will always provide an opportunity to correct deficiencies. The initial Form I-485 filing should therefore be carefully prepared around the legal requirements and facts of the individual case.

Viktor De Maio
Aug 2812 min read


The Invisible File: How to Strengthen an Immigration Case Long Before Entering Immigration Court
Preparing an immigration case starts well before entering the courtroom. Understanding what evidence may be relevant and organizing it early can make a significant difference in presenting a clear and well-supported case.

Viktor De Maio
Aug 2026 min read


Why Was My Immigration Court Hearing Moved Up from 2027–2028 to 2026?
If your immigration hearing was moved from 2027 or 2028 to 2026, it is important to understand what may have caused this change. This article explains the most common reasons immigration courts reschedule hearings, how an earlier date could affect your case, and the steps you should take to prepare and protect your rights.

Viktor De Maio
Aug 1812 min read


Can Same-Sex Couples File a Family Petition in the United States?
Immigration options for same-sex couples in the United States, including family petitions, marriage validity, Form I-130, adjustment of status, consular processing, and evidence of a bona fide marriage.

Viktor De Maio
Aug 1111 min read


A U.S. Investor Visa Does Not Always Lead to Permanent Residence: E-2 vs. EB-5 Explained
Many foreign investors assume that investing in a U.S. business automatically leads to permanent residence. This article explains the key differences between the E-2 Treaty Investor Visa and the EB-5 Immigrant Investor Program, including investment requirements, immigration objectives, Green Card eligibility, common misconceptions, and how to determine which investment strategy best aligns with your long-term U.S. immigration goals.

Viktor De Maio
Aug 620 min read


Adjustment of Status: Why Can Some People Obtain Lawful Permanent Residence While Others Must Go Through Consular Processing?
Understanding whether you can adjust your status inside the United States or must complete the consular processing procedure abroad is an important step in your immigration journey. This guide explains the key differences between both paths, who may qualify, and how choosing the correct process can impact your application for lawful permanent residence.

Viktor De Maio
Aug 413 min read


Is Your Work Permit Expired or Still Pending? Why Every Immigration Situation Requires a Different Legal Analysis.
A pending EAD renewal does not automatically mean every immigrant can continue working. This article explains why an expired work permit requires an individual immigration analysis based on the person’s category, USCIS rules, automatic extensions, TPS changes, and complete immigration history. De Maio Law reviews employment authorization issues to help immigrants understand their options and protect their future immigration goals.

Viktor De Maio
Jul 2814 min read


Will the New Public Charge Rule Affect Your Green Card Application? What You Need to Know About the September 2026 Changes
The Department of Homeland Security (DHS) will implement significant changes to the Public Charge Rule beginning September 18, 2026. This guide explains how the new framework may affect Green Card applicants, who could be impacted, what changes to expect for Form I-485 filings, and practical considerations before applying for Adjustment of Status.

Viktor De Maio
Jul 2313 min read


Cuban Adjustment Act: Did You Lose Your Form I-94? Discover Your Options
**Lost your Form I-94? Learn what options may be available under the Cuban Adjustment Act, how USCIS evaluates proof of entry and parole, and what alternative immigration records may help support your application for lawful permanent residence. De Maio Law provides guidance on recovering records and preparing a stronger immigration case.

Viktor De Maio
Jul 2111 min read


How Much Longer Until Your Green Card? How to Read the Visa Bulletin in 2026
How much longer until your Green Card? Learn how to read the Visa Bulletin, understand priority dates, and determine when an immigrant visa may become available for your permanent residence process.

Viktor De Maio
Jun 1911 min read


Stayed Longer Than Allowed in the U.S.? Marrying a U.S. Citizen Could Help More Than You Think
Introduction Many people come to the United States with a valid visa, temporary permission, or even under humanitarian programs believing their stay will only be temporary. However, over time, family changes, financial difficulties, political instability in their home countries, or simply life circumstances can lead someone to remain in the United States longer than originally authorized. What begins as a temporary stay can quickly evolve into a complicated immigration situat

Viktor De Maio
May 127 min read


Mistakes That Now Cause Automatic Green Card Denials in 2025 — How to Avoid Them
Following 2025 policy updates (including new NTA guidance and changes in family-petition adjudication), USCIS has increased discretion to deny family petitions and benefit requests without issuing an RFE or NOID. Certain formal omissions that previously resulted in an RFE may now result in an outright denial. This article details the most common mistakes leading to denials, prevention steps, and what to do if your case is at risk. AI generated Why the keyword “automatic Green

Viktor A. De Maio
Nov 7, 20253 min read


DACA Green Card Through Marriage in 2025 – Complete Guide to U.S. Residency
If you have DACA and are considering marriage to a U.S. citizen or lawful permanent resident, you may be wondering if that union can lead to a green card. The good news is: yes, it’s possible—but the process depends on several factors, including how you entered the U.S., your immigration history, and whether you need a waiver. In this complete guide, De Maio Law, PLLC explains step by step how the process works, what requirements apply, the documents you need, available optio

Viktor A. De Maio
Oct 1, 20253 min read


From Temporary to Permanent: Your Guide to Residency with a Coral Gables Consultant
As you consider making the transition from temporary to permanent residency, you likely have many questions about the process. You may be wondering what options are available to you, how to navigate the complex application process, and what to expect along the way. With the help of a permanent residency consultant Coral Gables, you can gain a deeper understanding of your options and create a personalized plan to achieve your goals. Key Takeaways: Understanding the different p

Viktor A. De Maio
Sep 2, 202513 min read


How to Obtain a Green Card in the U.S.? Know Your Legal Options to Live and Work Without Restrictions
✍️ Introduction Hello, I’m Viktor De Maio, an immigration attorney, and in this article, I want to help you understand something fundamental for your future in the U.S.: the legal pathways to obtain permanent residency, also known as a Green Card. 🌱📄 Obtaining a Green Card can change your life and the lives of your family. There are multiple paths to achieve it, but not all apply to every case. Here, I explain the main options and what you should consider to move forward su

Viktor A. De Maio
Aug 5, 20254 min read


Green Cards, Visas & More: Understanding Immigration in Miami
Photo by Freepik Visas and green cards open doors to your American dream in South Florida's vibrant metropolis. As you navigate the complex landscape of immigration Miami processes, understanding your options becomes important for a successful application. You'll find various pathways to legal residency, from family-sponsored visas to employment-based green cards, each with specific requirements and timelines. Your journey through the U.S. immigration system can be straightfo

Viktor A. De Maio
May 21, 20258 min read


How to Apply for a Green Card in 2025: A Step-by-Step Guide
Photo by Freepik The path to a Green Card can be overwhelming, but it's also one of the most significant steps toward securing your future in the United States. Whether you're looking to adjust your status or applying through a family member or employer, understanding the process is key. With recent changes and updates in immigration law under the Biden administration, now more than ever, it's essential to navigate the Green Card application process with clarity and confidenc

Viktor A. De Maio
May 12, 20254 min read


How to Obtain a Green Card in 2025: A Step-by-Step Guide
What is a Green Card and Why Is It Important? A Green Card, also known as a Permanent Resident Card, is essential for anyone who wishes to live and work permanently in the United States. Obtaining a Green Card allows you to enjoy many of the same rights and privileges as U.S. citizens, such as the ability to work without restrictions, travel freely, and apply for certain benefits. The process to obtain a Green Card can be complex, but in this blog, we’ll break down the key st

Viktor A. De Maio
Apr 25, 20253 min read
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