Melbourne sits at the center of one of Florida’s most internationally diverse professional communities. The aerospace and defense industries surrounding the Space Coast draw engineers, scientists, and researchers from around the world. Florida Institute of Technology attracts students and faculty from dozens of countries. And like communities throughout Florida, Melbourne is home to families navigating immigration systems that can be complex, time-sensitive, and unforgiving of errors.

Bogin, Munns & Munns represents immigration clients throughout Melbourne and Brevard County. Our immigration attorneys handle visa applications, green card petitions, citizenship matters, asylum cases, removal defense, and the full range of immigration issues that arise in this community. We serve clients in English, Spanish, and Portuguese. Free consultations available.

Call (321) 254-3939.

What Immigration Matters Does Bogin, Munns & Munns Handle in Melbourne?

Our Melbourne immigration team assists clients with:

Employment-based green cards, including EB-1, EB-2, and National Interest Waivers
TN visa status for Canadian and Mexican professionals
F-1 student visas, OPT, and STEM OPT work authorization
J-1 exchange visitor visas and home residency requirement waivers
Marriage-based green cards, including conditional green card removal
Affirmative and defensive asylum applications
U visa and T visa petitions for crime and trafficking victims
Removal and deportation defense before the Orlando Immigration Court
Citizenship and naturalization
Appeals of denied visa and immigration applications

If your situation involves a matter not listed here, contact us. Our team evaluates each situation individually.

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What Immigration Pathways Exist for STEM Workers on the Space Coast?

Melbourne’s aerospace, engineering, and defense technology sectors employ a significant number of international professionals. For those workers, several immigration pathways are specifically designed to recognize advanced qualifications and serve professional advancement goals.

What Is the National Interest Waiver and How Does It Work?

The National Interest Waiver, known as an NIW, is a provision within the EB-2 employment-based green card category that allows qualified applicants to self-petition for a green card without a job offer or the PERM labor certification process that most EB-2 applications require.

To qualify, the applicant must hold an advanced degree or have exceptional ability in their field, and must demonstrate that their work has substantial merit and national importance, that they are well-positioned to advance their proposed work, and that waiving the job offer and labor certification requirements would benefit the United States.

NIW petitions are particularly well-suited to researchers, scientists, aerospace engineers, and medical professionals whose work contributes to fields of national priority. An attorney evaluates your qualifications, builds the evidentiary record, and prepares the petition accordingly.

What Is the EB-1 Category for Extraordinary Ability?

The EB-1 category is reserved for individuals at the top of their field. EB-1A covers foreign nationals with extraordinary ability in science, arts, education, business, or athletics, demonstrated through sustained national or international acclaim. EB-1B covers outstanding professors and researchers with international recognition. Both allow self-petition without a job offer in some circumstances, and neither requires the PERM labor certification process.

An attorney evaluates whether your professional record supports an EB-1 petition and which sub-category is the better fit.

Call (321) 254-3939 to discuss employment-based immigration options.

What Is a TN Visa and Who Qualifies?

The TN visa, which stands for Trade NAFTA, is a nonimmigrant work status available exclusively to citizens of Canada and Mexico under the United States-Mexico-Canada Agreement, known as USMCA. It is one of the most efficient work authorization pathways available because it is not subject to the annual cap and lottery that governs H-1B visas.

TN status covers a defined list of professions, including engineers, scientists, accountants, lawyers, pharmacists, and computer systems analysts. The applicant must have a job offer from a U.S. employer in a qualifying profession and meet the educational or credential requirements for that profession.

Canadian citizens can apply for TN status directly at a U.S. port of entry without a prior visa application. Mexican citizens must apply for a TN visa at a U.S. consulate. TN status is granted in one-year increments and can be renewed indefinitely. Because TN is a nonimmigrant status, holders who want to pursue permanent residence must transition to a different category. An attorney advises TN holders on how to plan that transition without jeopardizing current status.

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How Does the Marriage-Based Green Card Process Work in Florida?

A marriage to a U.S. citizen is one of the most common pathways to lawful permanent residence in the United States. The process has specific steps, documentation requirements, and a government interview designed to confirm the authenticity of the marriage.

The U.S. citizen spouse files a petition for alien relatives using Form I-130. Once approved, the foreign spouse either files for adjustment of status using Form I-485 if already in the United States, or applies for an immigrant visa through consular processing if abroad. Both pathways require an Affidavit of Support, Form I-864, in which the U.S. citizen spouse demonstrates sufficient income to support the foreign spouse.

What Is a Conditional Green Card and How Do You Remove the Conditions?

When a marriage has been in existence for less than two years at the time the green card is approved, the foreign spouse receives a conditional green card valid for two years rather than the standard ten-year card.

Within the 90-day window before the conditional card expires, the couple must file a joint petition using Form I-751 to remove the conditions. This petition must include evidence that the marriage is bona fide, meaning genuine, including joint financial records, shared residence documentation, photographs, and affidavits from people who know the couple. If the marriage has ended in divorce or the U.S. citizen spouse is uncooperative, the foreign spouse may file the I-751 as a waiver.

An attorney prepares the petition, builds the evidentiary record, and manages the process.

Call (321) 254-3939 for marriage-based immigration assistance in Brevard County.

What Is the Difference Between Affirmative and Defensive Asylum?

Affirmative asylum is filed before removal proceedings begin. Defensive asylum is raised as a defense after removal proceedings have already started. The pathway and decision-maker differ significantly.

Asylum protection is available to individuals who have suffered persecution or have a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion.

Affirmative asylum is filed proactively with USCIS before any removal proceedings are initiated. The applicant must file within one year of arriving in the United States unless an exception applies. An affirmative application results in an interview with an asylum officer. If approved, the applicant receives asylum status and may apply for a green card one year later. If not approved, the case is typically referred to immigration court.

Defensive asylum is raised as a defense in immigration court after removal proceedings have already begun. The applicant appears before an immigration judge, presents evidence, and may call witnesses. Both paths intersect with withholding of removal, a related but distinct protection with a higher burden of proof, and with protection under the Convention Against Torture, known as CAT, for individuals who face torture at the hands of government actors in their home country.

An attorney evaluates which protection applies to your situation and prepares the strongest possible application.

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Can an F-1 Student Stay and Work in Melbourne After Graduation?

International students at Florida Institute of Technology and other institutions in the Brevard County area often want to remain in the United States to work after completing their degree. F-1 student visa holders have specific options for doing so, though each has conditions and time limitations.

What Is OPT and STEM OPT After Graduation?

Optional Practical Training, known as OPT, allows F-1 students to work in a job directly related to their field of study for up to 12 months after graduation. During OPT, the student applies for an Employment Authorization Document, known as an EAD, which serves as their work permit.

For graduates with degrees in science, technology, engineering, or mathematics fields, STEM OPT provides an additional 24-month extension, for a total of 36 months of authorized work experience. The employer must participate in the E-Verify program.

OPT and STEM OPT are temporary. Many international students use this period to secure employer sponsorship for an H-1B, explore whether they qualify for an NIW, or build a record toward an EB-1 petition. An attorney advises on how to use the OPT window strategically to build toward a longer-term immigration solution.

What Is a U Visa and Who Can Apply in Florida?

The U visa is a nonimmigrant visa available to victims of qualifying criminal activity who have suffered substantial mental or physical abuse and have been, are being, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime.

Qualifying crimes include domestic violence, sexual assault, human trafficking, kidnapping, felonious assault, extortion, robbery, and other serious offenses. The U visa is particularly relevant when a crime victim is undocumented or in uncertain immigration status and fears that reporting the crime could lead to removal.

USCIS issues a maximum of 10,000 U visas per year. When the annual cap is reached, eligible applicants are placed on a waiting list and may receive deferred action, meaning their removal is temporarily suspended, while they wait. A U visa is valid for four years and allows the holder to live and work in the United States. After three years of continuous U visa status, the holder may apply for a green card.

The application requires a certification from a law enforcement agency or prosecutor confirming the applicant has been or is likely to be helpful in the investigation. An attorney assists with obtaining that certification, preparing the application, and managing the process.

Call (321) 254-3939 if you or a family member may qualify for a U visa.

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How Does Immigration Court Work for Melbourne Residents?

Removal proceedings for Brevard County residents are handled by the Executive Office for Immigration Review, the federal agency that administers the U.S. Immigration Court system. Cases from the Melbourne area are typically heard at the immigration court in Orlando.

When an individual receives a Notice to Appear, the document that initiates removal proceedings, they are placed on either the detained or non-detained docket. Non-detained cases move through the court on a timeline that can stretch for months or years depending on caseload. Detained cases move faster because the individual is held in immigration custody.

At a hearing, the immigration judge determines whether the respondent is removable under U.S. immigration law and, if so, whether any form of relief is available. Available relief includes cancellation of removal, asylum, withholding of removal, adjustment of status if a visa is immediately available, and voluntary departure.

The respondent has the right to an attorney, though the government does not provide one. An attorney who knows the Orlando Immigration Court’s procedures and the available relief options makes a significant difference in how these cases are presented and resolved.

Why Melbourne Residents Choose Bogin, Munns & Munns for Immigration

Bogin, Munns & Munns has served Brevard County and Central Florida since 1979. Our Melbourne immigration attorneys handle cases before USCIS, the Orlando Immigration Court, and U.S. consulates abroad. We serve the Space Coast’s diverse international community in English, Spanish, and Portuguese.

Immigration matters move on strict timelines. One-year asylum filing deadlines, 90-day conditional green card windows, 60-day grace periods after job loss, and OPT application windows all require timely action. Our attorneys act with the urgency these timelines demand.

Free consultations are available. Our Melbourne office is at 7195 Murrell Rd, Suite 101, Melbourne, FL 32940.

Talk to a Melbourne Immigration Lawyer at Bogin, Munns & Munns

Immigration decisions carry some of the highest stakes of any legal matter. Whether you are building a career on the Space Coast, reuniting with family, seeking protection, or facing removal proceedings, experienced legal representation makes a real difference in the outcome.

Bogin, Munns & Munns is ready to help. Free consultations available.

Call (321) 254-3939 or contact us online.

7195 Murrell Rd, Suite 101, Melbourne, FL 32940 | (321) 254-3939

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Frequently Asked Questions

A visa is a document in your passport that authorizes you to travel to a U.S. port of entry and request admission. It does not guarantee entry. Immigration status is what you hold once admitted under a specific category, such as F-1 student, H-1B worker, or lawful permanent resident.

A visa can expire while you are still in the United States without affecting your status, as long as your authorized period of stay, indicated on your I-94 record, has not ended. Overstaying your authorized period of stay triggers unlawful presence, not simply having an expired visa. An attorney reviews your I-94 record and immigration documents to clarify your current status.
E-Verify is an internet-based system operated by the Department of Homeland Security that allows employers to verify the employment eligibility of their workers by comparing employment document information against federal database records.

Participation is voluntary for most private employers in Florida but is required for federal contractors and for STEM OPT employers. If E-Verify generates a mismatch between your documents and federal records, you have a limited window to resolve it before the employer must take action. An attorney helps you respond to an E-Verify mismatch appropriately.
U visa applications are subject to a statutory cap of 10,000 per year. When the cap is reached, USCIS places approved petitioners on a waiting list that currently extends several years. However, individuals whose petitions are approved and placed on the waiting list may receive a grant of deferred action, which temporarily protects them from removal and allows them to apply for work authorization. An attorney confirms your current position in the process and advises on maintaining lawful status while you wait.
Yes. Entry without authorization does not bar an individual from applying for asylum, but the one-year filing deadline applies regardless of how you entered. If you entered without inspection, the one-year clock generally begins running from your date of entry. Exceptions to the one-year deadline include changed circumstances that materially affect eligibility and extraordinary circumstances that prevented timely filing. An attorney evaluates whether the deadline applies to your situation and which form of asylum or related protection is most appropriate.
An H-1B visa is tied to the sponsoring employer. When that employment ends, there is a grace period of up to 60 days during which the holder can take steps to maintain status. Options during that window include finding a new H-1B employer who will file a transfer petition, changing to a different nonimmigrant status, applying for a status that does not require employer sponsorship if eligible, or departing the United States. An attorney evaluates your options immediately when a layoff occurs so you can make the fastest possible decisions with accurate information about your timeline.
Yes, in some cases. Several waiver pathways exist, including a waiver based on exceptional hardship to a U.S. citizen or permanent resident spouse or child, a waiver based on persecution in the home country, a Conrad State 30 waiver for foreign medical graduates who agree to work in medically underserved areas in the United States, and an Interested Government Agency waiver when a U.S. federal agency sponsors the request. An attorney evaluates which waiver category applies to your situation and prepares the application accordingly.
When the marriage has been in existence for less than two years at the time the green card is approved, USCIS issues a conditional green card valid for two years rather than the standard ten-year card. To make the status permanent, both spouses must file a joint petition, Form I-751, within the 90-day window before the conditional card expires. That petition must include evidence that the marriage is genuine. Filing late can result in termination of the conditional resident status. An attorney prepares the petition and the supporting evidence package.
Reporting a crime does not automatically trigger immigration enforcement, and filing a U visa application may provide protection while the case is pending. USCIS may grant deferred action to U visa applicants waiting for a visa number to become available under the annual cap, which temporarily protects them from removal. An attorney evaluates your specific situation, advises on the risks and protections available, and helps you pursue a U visa law enforcement certification if you qualify.

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