Florida has one of the largest immigrant populations in the United States, with major communities in Miami-Dade, Orlando, and throughout the state. Whether someone is seeking a green card, facing deportation, applying for asylum, or trying to bring family members to the U.S., immigration law is federal — but the processing times, court locations, and USCIS field offices in Florida make a major difference in how a case moves forward.
This guide explains how the most common immigration processes work in Florida, including adjustment of status, deportation defense, family petitions, and asylum, along with what immigrants should know before speaking to immigration officers or attending an interview in Miami or Orlando.
Adjustment of Status vs. Consular Processing
There are two main ways to become a lawful permanent resident (green card holder):
Option
Used When
Process Location
Adjustment of Status (AOS)
Applicant is already inside the U.S.
USCIS Field Office (Miami, Orlando, Tampa, etc.)
Consular Processing
Applicant is outside the U.S.
U.S. Embassy or Consulate abroad
Adjustment of Status is often preferred because the applicant remains in the U.S., can obtain work authorization (EAD) while the case is pending, and avoids leaving/re-entering for the interview. Not everyone is eligible to adjust; some must consular process, especially after unlawful entry or certain violations.
Family-Based Immigration in Florida
Family-based petitions are the most common path to lawful permanent residency.
Eligible Family Relationships
Category
U.S. citizen → spouse, minor children, parents
Immediate relatives (fastest)
U.S. citizen → siblings, married children, adult children
Family preference categories
Green card holder → spouse and unmarried children
Family preference categories
Interviews for AOS cases in Florida are typically held at the USCIS Miami, Orlando, Tampa, or Jacksonville Field Offices. Miami’s high volume can increase wait times.
Asylum Applications in Florida
To qualify for asylum, an applicant must show a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group, and that the persecutor is the government or a group the government cannot control.
Affirmative: filed with USCIS before removal proceedings.
Defensive: filed in immigration court after being placed in removal proceedings.
Florida immigration courts handling asylum include the Miami Immigration Court (Downtown), the Krome Detention Center Court (Miami), and the Orlando Immigration Court (Downtown Orlando).
Removal / Deportation Defense
Someone may be placed in removal proceedings due to overstays, unlawful entry, certain criminal convictions, fraud/misrepresentation, or asylum denial. Common relief options include:
• Cancellation of Removal
• Asylum, withholding, or CAT protection
• Adjustment of Status (if eligible)
• Waivers for unlawful presence or criminal history
• Voluntary departure (in some cases)
There are no public defenders in immigration court; representation is critical.
Immigration and Criminal Charges (“Crimmigration”)
In Florida, even minor criminal charges can cause immigration problems. Examples include drug possession/trafficking, domestic violence/battery, theft/fraud/ID crimes, firearm offenses, aggravated DUIs, and CIMTs. Noncitizens should consult both criminal defense and immigration counsel before any plea.
Frequently Asked Questions
Do I lose my case if I move from Miami to Orlando during processing?
No. The case may be transferred to the appropriate USCIS office or immigration court.
Can I apply for a work permit while waiting for my green card?
Yes, when filing Adjustment of Status; include Form I-765.
Can I be deported even if I have a green card?
Yes. Certain criminal convictions and violations can still lead to removal.
What happens if I miss an immigration court hearing?
An in absentia removal order is typically issued and is difficult to reverse.
Can undocumented immigrants get a driver’s license in Florida?
No. Florida requires lawful presence for a state-issued license.
When to Speak With an Immigration Attorney
Strict deadlines, eligibility rules, and high-stakes consequences mean small mistakes can result in denial or removal. If you are applying for a green card, facing deportation, seeking asylum, or exploring options, schedule a consultation to protect your rights and future options.