# Santana Residency Law PA > Trusted Immigration Law Firm in Miami, FL --- ## Pages - [Sitemap](https://www.srlawpa.com/sitemap/) - [Newsletter & Email Archive](https://www.srlawpa.com/newsletter-email-archive/): Follow this link to see all past emails: - [Dos and Don’ts for USCIS Interviews and Court Hearings](https://www.srlawpa.com/dos-and-donts-for-uscis-interviews-and-court-hearings/): Most immigration procedures require an interview with an official from U. S. Citizenship and Immigration Services (USCIS) or a court... - [Google PPC Contact Number](https://www.srlawpa.com/secondarynumber/): You can reach us anytime at (305) 846-7096. This is a secondary number for our office. - [Home](https://www.srlawpa.com/): Trusted Immigration Law Firm in Miami, FL WE HELP BINATIONAL FAMILIES WHO HAVE FOUND LOVE ACROSS BORDERS LIVE IN THE... - [PROGRAMA UNA CONSULTA](https://www.srlawpa.com/programa-una-consulta/) - [Inicio](https://www.srlawpa.com/inicio/) - [Contáctenos](https://www.srlawpa.com/contactenos/): Santana Rodriguez Law, P. A. 3663 SW 8th St #206 Miami, FL 33135 Office: (305) 916-4800 Fax: (888) 402-6786 Correo... - [Jerome H. Poliacoff, Ph.D. -- SPOTLIGHT INTERVIEW.](https://www.srlawpa.com/jerome-h-poliacoff-ph-d-spotlight-interview/): Marriage, Divorce, Domestic Violence, and Emotional Hardship are all the centerpiece of MANY of our immigration cases. As such, this... - [Our service](https://www.srlawpa.com/our-service/) - [Our Team](https://www.srlawpa.com/our-team/) - [Blog](https://www.srlawpa.com/blog/) - [Services](https://www.srlawpa.com/services/) - [About](https://www.srlawpa.com/about/) - [Home](https://www.srlawpa.com/home-2/) - [Meet the Team](https://www.srlawpa.com/meet-the-team/): Meet the Team Profile – Perfil - [Client Reviews](https://www.srlawpa.com/client-reviews/) - [Immigration Lawyer Homestead Florida - Attorney](https://www.srlawpa.com/immigration-lawyer-homestead-florida-attorney/): Our Homestead Immigration attorneys represent Homestead Florida residents in affirmative petitions with U. S. Citizenship & Immigration Services (“USCIS”), as... - [Privacy Policy](https://www.srlawpa.com/privacy-policy/): Last updated: November 16, 2016 Santana Residency Law, P. A. (“us”, “we”, or “our”) operates the https://www. srlawpa. com/ website... - [Newsletter](https://www.srlawpa.com/newsletter/) - [USCIS Entrevista en Kendall Para Ciudadania](https://www.srlawpa.com/uscis-entrevista-en-kendall-para-ciudadania/): Estos son DIEZ consejos importantes para tener en cuenta a la hora de visitar la Oficina de USCIS en Kendall... - [USCIS Interview in Kendall Field Office](https://www.srlawpa.com/uscis-interview-kendall-field-office/): These are ten important tips to keep in mind for your Kendall USCIS Interview: You MUST bring your own interpreter.... - [Trusted Asylum Lawyers in Miami](https://www.srlawpa.com/asylum-attorney/): Trusted Asylum Lawyers in Miami Understanding the Asylum Process Filing for asylum means seeking protection in the United States if... - [Cancellation of Removal for Non-Residents (42b) Attorney](https://www.srlawpa.com/cancellation-removal-non-residents-attorney/): Non-LPR cancellation of removal (42b) under INA section 240A is a form of discretionary relief from removal. To be eligible... - [Get the Help of Qualified Immigration Waiver Lawyers in Miami](https://www.srlawpa.com/provisional-waivers-attorney-i-601a/): Understanding the Provisional Unlawful Presence Waiver (I-601A) Navigating the complexities of U. S. immigration law can be daunting, especially when... - [Immigration Appeals Attorney](https://www.srlawpa.com/immigration-appeals-attorney/): Board of Immigration Appeals Administrative Appeals Office Notice of Intent to Deny or Revoke I-290B Appeals Marriage-fraud Accusations In the... - [Qualified Family Immigration Attorney in Kendall, FL](https://www.srlawpa.com/family-immigration-attorney/): Petitions for parents, children, spouses, and siblings Marriage-based Residency Fiancée Visas Domestic Violence-based Cases (VAWA) Child Status Protection Act (CSPA)... - [Naturalization Lawyers in Kendall and Miami, FL](https://www.srlawpa.com/citizenship-naturalization-attorney/): Representation at Interviews Waiver for the Medical Exam Waiver for the Language Exam Help with past criminal issues Request for... - [Practice Areas](https://www.srlawpa.com/practice-areas/) - [Attorney Profiles](https://www.srlawpa.com/attorney-profiles/) - [Contact Us](https://www.srlawpa.com/contact-us/): Santana Rodriguez Law, P. A. 3663 SW 8th St #206 Miami, FL 33135 Office: (305) 916-4800 Fax: (888) 402-6786 Email:... - [Reputable Immigration Lawyer Based in Miami](https://www.srlawpa.com/immigration-attorney-kendall/): Reputable Immigration Lawyer Based in Miami Oprima aqui para Español FAMILY IMMIGRATIONPetitions for parents, children, spouses, and siblingsMarriage-based ResidencyFiancée VisasDomestic... - [Abogados de Inmigración Para Las Oficinas de Kendall, Miami, y Hialeah de USCIS](https://www.srlawpa.com/practice-areas-inmigracion/): Click here for English _________________________________________________________ Para muchos tipos de procesos de inmigración, USCIS requiere una entrevista en persona con un... - [Perfil de la Abogada - Elina Santana](https://www.srlawpa.com/attorney-profiles/elina-santana-esp/): Elina Magaly Santana, Esq. es accionista y co-fundadora de Santana Residency Law, P. A. Está acreditada en el estado de... - [Real Estate](https://www.srlawpa.com/practice-areas/real-estate/): Our office focuses on various types of real estate transactions, including residential sales and leasing matters, as well as serving... - [Attorney Profile - Elina Santana](https://www.srlawpa.com/attorney-profiles/attorney-profile-elina-santana/): Oprima aqui para Español Elina Magaly Santana, Esq. is a Shareholder and Co-founder of Santana Residency Law, P. A. She... - [Attorney Profile - Jonathan Rodriguez](https://www.srlawpa.com/attorney-profiles/jonathan-rodriguez/): Jonathan J. Rodriguez, Esq. is a Shareholder and Co-Founder of Santana Residency Law, P. A. He is licensed in the... --- ## Posts - [Johnny Law vs. Celebrities: Who won?](https://www.srlawpa.com/johnny-law-vs-celebrities-who-won/): Celebrities often seem untouchable, living lives of red carpets, private jets, and VIP treatment. But when it comes to the... - [How a Local Asylum Lawyer Can Help Protect Your Future](https://www.srlawpa.com/how-a-local-asylum-lawyer-can-help-protect-your-future/): Navigating the complexities of asylum law can be an overwhelming and daunting task for many individuals seeking refuge in the... - [What to Expect Throughout the Process of Working With a Citizenship Lawyer](https://www.srlawpa.com/what-to-expect-throughout-the-process-of-working-with-a-citizenship-lawyer/): Navigating the complexities of U. S. citizenship law can be overwhelming, and many find it beneficial to enlist the help... - [Attorney Elina M. Santana Earns Coveted Spot on the 2025 Super Lawyers List](https://www.srlawpa.com/attorney-elina-m-santana-earns-coveted-spot-on-the-2025-super-lawyers-list/): We’re thrilled to announce that Attorney Elina M. Santana, co-founder of Santana Residency Law, P. A. in Miami, has been... - [You Be the Judge: Approve or Deny?](https://www.srlawpa.com/you-be-the-judge-approve-or-deny/): Every year, thousands of people go through life-changing interviews with USCIS officers. These moments can decide whether someone receives a... - [How to Overcome Visa Denials](https://www.srlawpa.com/how-to-overcome-visa-denials/): Facing a visa denial can be a disheartening experience, especially when you have meticulously planned your move or travel. Understanding... - [Attorney Elina Santana Elected to AILA Board of Governors](https://www.srlawpa.com/attorney-elina-santana-elected-to-aila-board-of-governors/): Attorney Elina Santana Elected to AILA Board of Governors — A New Chapter of Leadership and Advocacy for a Local... - [Understanding the Different Types of U.S. Visas](https://www.srlawpa.com/understanding-the-different-types-of-u-s-visas/): Navigating the U. S. visa system can be a complex and daunting task, especially given the numerous types of visas... - [What to Expect at Your First Meeting With a Family Immigration Lawyer](https://www.srlawpa.com/what-to-expect-at-your-first-meeting-with-a-family-immigration-lawyer/): Meeting with a family immigration attorney for the first time can be a daunting experience, especially given the complexities and... - [Understanding the Provisional I-601A Waiver](https://www.srlawpa.com/understanding-the-provisional-i-601a-waiver/): In the complex landscape of U. S. immigration law, the Provisional I-601A Waiver stands out as an essential relief mechanism... - [What You Need to Know About Naturalization in the U.S.](https://www.srlawpa.com/what-you-need-to-know-about-naturalization-in-the-u-s/): Becoming a U. S. citizen through the naturalization process is an important milestone for many immigrants seeking to fully integrate... - [5 Reasons it's Crucial to Work With a Qualified Immigration Lawyer](https://www.srlawpa.com/5-reasons-its-crucial-to-work-with-a-qualified-immigration-lawyer/): Navigating the complexities of immigration law can be a daunting task. Working with a qualified immigration lawyer can make a... - [5 Essential Qualities of an Experienced Family Immigration Lawyer](https://www.srlawpa.com/5-essential-qualities-of-an-experienced-family-immigration-lawyer/): Navigating the complex world of family immigration law can be daunting without the right guidance. When it comes to securing... - [Overcoming Immigration Barriers: Strategies for Success](https://www.srlawpa.com/overcoming-immigration-barriers-strategies-for-success/): Immigrating to a new country is a life-changing decision, but the journey to establishing a new life in a foreign... - [What Does a Citizenship Lawyer Do?](https://www.srlawpa.com/what-does-a-citizenship-lawyer-do/): Becoming a citizen in a new country can be both an exciting and daunting process, riddled with paperwork and legal... - [Mistakes to Avoid When Applying for a U.S. Green Card](https://www.srlawpa.com/mistakes-to-avoid-when-applying-for-a-u-s-green-card/): Applying for a U. S. Green Card can be an exciting yet daunting process. It marks a pivotal step toward... - [BREAKING NEWS: CHNV Humanitarian Parole Terminated by Trump. Now What?](https://www.srlawpa.com/breaking-news-chnv-humanitarian-parole-terminated-by-trump-now-what/): READ THE CONSTANT CONTACT VERSION WITH GRAPHICS HERE: https://conta. cc/4hjID90 Termination of the CHNV Program for Cubans, Haitians, Nicaraguans, and... - [NOTICIA DE ÚLTIMA HORA: Parole CHNV Terminado por Trump ¿Y Ahora Qué?](https://www.srlawpa.com/noticia-de-ultima-hora-parole-chnv-terminado-por-trump-y-ahora-que/): Terminación del Programa CHNV para Cubanos, Haitianos, Nicaragüenses y Venezolanos El programa de Parole Humanitario ha sido terminado. Continúe leyendo... - [Can You Pass the U.S. Citizenship Test?](https://www.srlawpa.com/can-you-pass-the-u-s-citizenship-test/): Becoming a U. S. citizen is a monumental milestone, and one of the final steps in the naturalization process is... - [What Does December Mean for Immigrants: Challenges, Celebrations, or Both?](https://www.srlawpa.com/what-does-december-mean-for-immigrants-challenges-celebrations-or-both/): In December, airports worldwide echo with laughter and tears as families reunite after years apart. Yet, for many immigrants, the... - [Which Thanksgiving Dishes Reveal America's Immigrant Heritage?](https://www.srlawpa.com/which-thanksgiving-dishes-reveal-americas-immigrant-heritage/): Thanksgiving is a holiday rooted in gratitude and community, celebrating a rich tapestry of flavors that reflect the diverse immigrant... - [How Did Halloween Become a Global Mosaic of Cultural Traditions?](https://www.srlawpa.com/how-did-halloween-become-a-global-mosaic-of-cultural-traditions/): Halloween is not just about costumes and candy; it’s a vivid tapestry woven from countless cultural threads spanning the globe.... - [Everything You Need to Know About U.S. Citizenship](https://www.srlawpa.com/everything-you-need-to-know-about-u-s-citizenship/): Becoming a U. S. citizen is a dream for millions of people worldwide. The process may appear daunting, but understanding... - [10 Influential Hispanic Immigrant Figures in the U.S.](https://www.srlawpa.com/10-influential-hispanic-immigrant-figures-in-the-u-s/): Immigrants from around the world play a vital role in the United States, contributing to a vast and diverse array... - [Understanding the Different Types of Immigrant Visas](https://www.srlawpa.com/understanding-the-different-types-of-immigrant-visas/): Navigating the U. S. immigration system can be a complex and overwhelming process, especially when it comes to understanding the... - [How Is Technology Shaping the Modern Immigration Process?](https://www.srlawpa.com/how-is-technology-shaping-the-modern-immigration-process/): As technology continues to evolve at an unprecedented pace, its influence on various aspects of life becomes increasingly apparent. One... - [Understanding the Support an Asylum Lawyer Can Provide](https://www.srlawpa.com/understanding-the-support-an-asylum-lawyer-can-provide/): Navigating the asylum process can be a daunting journey if done alone. An asylum lawyer plays a crucial role in... - [Why You Need an Immigration Lawyer](https://www.srlawpa.com/why-you-need-an-immigration-lawyer/): Navigating the U. S. immigration system is often described as one of the most challenging legal processes, even for those... - [Top Qualities to Look for in an Immigration Lawyer](https://www.srlawpa.com/top-qualities-to-look-for-in-an-immigration-lawyer/): When navigating the complex and often stressful terrain of immigration law, finding the right lawyer can make all the difference.... - [A Beginner's Guide to Immigration Law](https://www.srlawpa.com/beginners-guide-to-immigration-law/): Miami, FL is known for its diverse cultural landscape, making it a unique hub for immigrants from around the world.... - [What You Should Know About Immigration Law](https://www.srlawpa.com/know-about-usa-immigration-law/): Immigration law in the United States is a complex and multifaceted legal area that governs who can enter the country,... - [Qué es el Anuncio de Alivio Afirmativo del Presidente Biden](https://www.srlawpa.com/que-es-el-anuncio-de-alivio-afirmativo-del-presidente-biden/): El 18 de junio de 2024, el presidente Biden anunció una serie de acciones de inmigración utilizando la autoridad que... - [What Is the Affirmative Relief Announcement?](https://www.srlawpa.com/what-is-the-affirmative-relief-announcement/): On June 18, 2024, President Biden announced a series of immigration actions using the authority granted to him by our... - [We're Hiring - EOIR / Court Paralegal](https://www.srlawpa.com/hiring-paralegal/): We’re Hiring an EOIR/Court Paralegal! The Santana Residency Law (“SRLaw”) team practices immigration law in the areas of family and... - [What Are the Requirements to Apply for Naturalization and Become a U.S. Citizen?](https://www.srlawpa.com/what-are-the-requirements-to-apply-for-naturalization-and-become-a-u-s-citizen/): Becoming a U. S. citizen through naturalization is a significant milestone for immigrants. As immigration attorneys, it’s our privilege to... - [What Are the Requirements to Apply for Naturalization and Become a U.S. Citizen?](https://www.srlawpa.com/what-are-the-requirements-to-apply-for-naturalization-and-become-a-u-s-citizen-2/): Becoming a U. S. citizen through naturalization is a significant milestone for immigrants. As immigration attorneys, it’s our privilege to... - [Which Family Members Can You File a Petition For and How Long Will it Take?](https://www.srlawpa.com/which-family-members-can-you-file-a-petition-for-and-how-long-will-it-take/): Legal permanent residents (LPRs) and native-born or naturalized U. S. citizens (USCs) that have relatives who were born in another... - [Senate Bill 1718: What Is It, and How Can It Affect You?](https://www.srlawpa.com/senate-bill-1718-what-is-it-and-how-can-it-affect-you/): A key Florida Senate panel has approved a bill aimed at expanding Gov. Ron DeSantis’ crackdown on illegal immigration, drawing... - [Seven Famous Immigrants Who Became U.S. Citizens](https://www.srlawpa.com/seven-famous-immigrants-who-became-u-s-citizens/): Every day, hundreds of people become naturalized citizens of the United States. However, it’s not every day someone famous is... - [What is DACA, and where does it stand in 2023?](https://www.srlawpa.com/what-is-daca-and-where-does-it-stand-in-2023/): DACA, an acronym for Deferred Action for Childhood Arrivals, is a policy that protects around 800,000 young people known as... - [Immigration in 2022: A Year in Review](https://www.srlawpa.com/immigration-in-2022-a-year-in-review/): Two-thousand-twenty-two was a year full of challenges and changes from the policies that were implemented in the previous presidential administration.... - [What Immigration Options Exist for Victims/Survivors of Domestic Violence?](https://www.srlawpa.com/what-immigration-options-exist-for-victims-survivors-of-domestic-violence/): In recognition of the severity of the crimes associated with domestic violence, sexual assault, and stalking, Congress passed the Violence... - [How Can Divorce Affect Your Conditional Permanent Residence?](https://www.srlawpa.com/how-can-divorce-affect-your-conditional-permanent-residence/): The lives of most divorcees change once a marriage ends and the divorce is finalized. However, if you are not... - [What Is the Situation of Unaccompanied Minors at the Border?](https://www.srlawpa.com/what-is-the-situation-of-unaccompanied-minors-at-the-border/): The United States is seeing a rise in apprehensions of unaccompanied migrant children, most from Central America, along its southern... - [What are the Latest SCOTUS Rulings on Immigration Law?](https://www.srlawpa.com/what-are-the-latest-scotus-rulings-on-immigration-law/): Immigration law is constantly evolving, and each year the Supreme Court issues new decisions that change the face of immigration... - [Ely’s Guide for New Immigrants](https://www.srlawpa.com/elys-guide-for-new-immigrants/): Our clients and all immigrants around the country migrate to the U. S. for different reasons and through different processes.... - [Can You Be Deported for Smoking Weed on 4/20 in 2022?](https://www.srlawpa.com/can-you-be-deported-for-smoking-weed-on-4-20-in-2022/): Weed, pot, ganja, grass, Mary Jane, dope, herb, or Chronic... whatever you want to call it, there’s no doubt its... - [Becoming a U.S. Citizen: What Is Naturalization and Who Qualifies?](https://www.srlawpa.com/becoming-a-u-s-citizen-what-is-naturalization-and-who-qualifies/): For our clients and everyone who migrates to the United States, the ultimate American dream is becoming a U. S.... - [What’s the Difference Between a Fiancé Visa (K-1) and a Spousal Petition?](https://www.srlawpa.com/whats-the-difference-between-a-fiance-visa-k-1-and-a-spousal-petition/): Our office serves many clients who have found love across borders and now wish to petition for a new spouse... - [2021 Immigration Year-End Review](https://www.srlawpa.com/2021-immigration-year-end-review/): Two-thousand-twenty-one was a year of reformation in the U. S. immigration world. With a new presidential administration in office and... - [Spotlight Interview: Ronald A. Marini, Esq.](https://www.srlawpa.com/spotlight-interview-ronald-a-marini-esq/): Spotlight Interview: Ronald A. Marini, Esq. Tax Attorney US tax law is notoriously complex and ever-changing, for US Citizens, Lawful... - [What Does the USCIS October 2nd Fee Increase Mean for Your Case?](https://www.srlawpa.com/what-does-the-uscis-october-2nd-fee-increase-mean-for-your-case/): The United States Citizen and Immigration Services (USCIS) announced changes to its fees on July 31, 2020. It also announced... - [Can You Be Deported for Smoking Weed on 4/20 in 2020?](https://www.srlawpa.com/1432-2/): Can You Be Deported for Smoking Weed on 4/20 in 2020? Weed, pot, ganja, grass, Mary Jane, dope, herb, or... - [Spotlight Interview: Israel Sands, Esq.](https://www.srlawpa.com/784-2/): Spotlight Interview: Israel Sands, Esq. Wills, Trusts, and Probate Attorney This month I am honored to feature Wills, Trusts, and... - [Immigration Year-End Review:](https://www.srlawpa.com/787-2/): Immigration Year-End Review: The Good, The Bad, and The Constant Flux Immigration was one of the hottest topics in U.... - [SPOTLIGHT INTERVIEW Lauren A. Marsicano, Esq.](https://www.srlawpa.com/779-2/): SPOTLIGHT INTERVIEW Lauren A. Marsicano, Esq. Business Law Attorney Many individuals seek to enter the US with visas through business... - [How Much Is Too Much?](https://www.srlawpa.com/781-2/): How Much Is Too Much? USCIS’s Proposed Fee Increases and Their Effect on the Immigrant Community On November 8, the... - [What Is the New Public Charge Rule, and Will It Affect Your Family?](https://www.srlawpa.com/776-2/): What Is the New Public Charge Rule, and Will It Affect Your Family? In August of 2019, the Trump Administration... - [How to Save Money on Legal Fees for Your Immigration Case](https://www.srlawpa.com/how-to-save-money-on-legal-fees-for-your-immigration-case/): Get the right attorney. Do your research and choose someone who is experienced in immigration and is interested in your... - [Cómo Ahorrar Dinero en Honorarios Legales para su Caso de Inmigración](https://www.srlawpa.com/como-ahorrar-dinero-en-honorarios-legales-para-su-caso-de-inmigracion/): Obtenga el abogado corecto. Haga su investigación y elija a alguien que tenga experiencia en inmigración y esté interesado en... - [SPOTLIGHT INTERVIEW: Marc Hurwitz](https://www.srlawpa.com/766-2/): SPOTLIGHT INTERVIEW: Marc Hurwitz Private Investigator Marc Hurwitz owns Crossroads Investigations, a full-service private investigation and due diligence agency. Q:... - [Where Do the 2020 Democratic Candidates Stand on Immigration?](https://www.srlawpa.com/where-do-the-2020-democratic-candidates-stand-on-immigration/): Throughout Donald Trump’s presidency, immigration has consistently been one of the most high-profile areas of discussion. As the presidential candidates... - [AILA Annual Conference](https://www.srlawpa.com/747-2/) - [SPOTLIGHT INTERVIEW: ANDREA AGUILAR, ESQ. LL.M. (TAX)](https://www.srlawpa.com/732-2/): SPOTLIGHT INTERVIEW: ANDREA AGUILAR, ESQ. LL. M. (TAX) The U. S. tax system is complex. So regardless of your immigration... - [Should States Grant Driver’s Licenses to People with No Legal Status?](https://www.srlawpa.com/734-2/): Should States Grant Driver’s Licenses to People with No Legal Status? On March 20, 2019, a new bill was presented... - [TPS Renewals for Salvadorans, Haitians, Hondurans...](https://www.srlawpa.com/698-2/): TPS Renewals for Salvadorans, Haitians, Hondurans... And a future for Venezuelans? In late February, the Department of Homeland Security announced... - [SPOTLIGHT INTERVIEW: Karen Lungarelli, Esquire](https://www.srlawpa.com/700-2/): SPOTLIGHT INTERVIEW: Karen Lungarelli, Esquire Divorce and Family Law Attorney Marriages, divorces and children’s issues are can often affect ones... - [Spotlight Interview: Carmen Hiers](https://www.srlawpa.com/690-2/): Spotlight Interview: Carmen Hiers TransForma Translation Services This month I am honored to feature translation extraordinaire Carmen Hiers from TransForma... - [Why is the Number of Immigration Detention Beds an Issue in the Border Wall Fight?](https://www.srlawpa.com/why-is-the-number-of-immigration-detention-beds-an-issue-in-the-border-wall-fight/): Those in Congress who oppose Trump’s demands for a border wall used the shutdown negotiations this week to launch an... - [Ely’s Guide to Immigration During the Shutdown: Who’s Working, Who’s Not, and What Difference Does It Make to You?](https://www.srlawpa.com/elys-guide-to-immigration-during-the-shutdown-whos-working-whos-not-and-what-difference-does-it-make-to-you/): “You’re shutting down the immigration court over the issue of immigration,” said Judge Ashley Tabaddor, president of the National Association... - [SPOTLIGHT INTERVIEW: Neto Almanza](https://www.srlawpa.com/666-2/): SPOTLIGHT INTERVIEW: Neto Almanza Video Producer This month I am honored to feature video producer, Neto Almanza for our SPOTLIGHT... - [Immigration Year-End Review:](https://www.srlawpa.com/668-2/): Immigration Year-End Review: The Good, The Bad, and The Changes Yet to Come Two-thousand-eighteen has been momentous in the U.... - [Can President Trump End Birthright Citizenship?](https://www.srlawpa.com/663-2/): Can President Trump End Birthright Citizenship? Prior to the midterm elections, President Trump announced he was planning an executive order... - [SPOTLIGHT INTERVIEW: Angel Gonzalez](https://www.srlawpa.com/659-2/): SPOTLIGHT INTERVIEW: Angel Gonzalez Your Family Bank Debt Elimination Specialist Are you in debt? Isn’t everyone these days? This month... - [What's New in Immigration from Attorney General Jeff Sessions?](https://www.srlawpa.com/whats-new-in-immigration-from-attorney-general-jeff-sessions/): When President Trump was running for office, he promised bold changes in immigration law. Love it or hate it, no... - [Family Reunification vs. Chain Migration: What’s the Difference?](https://www.srlawpa.com/family-reunification-vs-chain-migration-whats-the-difference/): Family Reunification vs. Chain Migration: What’s the Difference? “Chain migration”—officially known as “family reunification” in federal law—is the process by... - [SPOTLIGHT INTERVIEW: James Schwitalla, Esquire](https://www.srlawpa.com/645-2/): SPOTLIGHT INTERVIEW: James Schwitalla, Esquire Bankruptcy Attorney Regardless of whether you are a new arrival or your family has been... - [SPOTLIGHT INTERVIEW: Daniel Izquierdo, Esq., Criminal Defense Attorney](https://www.srlawpa.com/spotlight-interview-daniel-izquierdo-esq-criminal-defense-attorney-2/): Immigration law very typically goes hand-in-hand with criminal law, given that many people are put into immigration proceedings due to... - [Can Your US Citizenship Be Taken Away?](https://www.srlawpa.com/can-your-us-citizenship-be-taken-away/): In June, the United States Citizenship and Immigration Services (“USCIS”) quietly announced the creation of a Denaturalization Task Force aimed... - [SPOTLIGHT INTERVIEW: Zel & Korinna Saccani](https://www.srlawpa.com/578-2/): SPOTLIGHT INTERVIEW: Zel & Korinna Saccani Legal Translators and Interpreters This month I am honored to feature Zel and Korinna... - [Spotlight Interview: Barry L. Simons, Esq.](https://www.srlawpa.com/spotlight-interviewbarrysimons/): Barry L. Simons, Esq. Real Estate Attorney This month I am honored to feature Barry L. Simons, for this month’s... - [The End of DACA](https://www.srlawpa.com/575-2/): The End of DACA On June 15, 20212, Obama announced the Deferred Action for Childhood Arrivals (DACA) initiative. President Trump... - [RAISE and DREAM: What's In These New Bills?](https://www.srlawpa.com/raise-dream-whats-new-bills/): RAISE and DREAM: What’s In These New Bills? In the last few weeks, two major immigration bills have been introduced... - [SPOTLIGHT INTERVIEW: BARRY A. STEIN, ESQ.](https://www.srlawpa.com/spotlight-interview-barry-stein-esq/): SPOTLIGHT INTERVIEW: BARRY A. STEIN, ESQ. WORKER’S COMPENSATION ATTORNEY Barry A. 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Considering Trump has made immigration a cornerstone of his... --- ## Projects - [Perferendis enim doloribus cupiditate](https://www.srlawpa.com/project/perferendis-enim-doloribus-cupiditate/) - [Aperiam hic nulla quaerat placeat quia voluptas](https://www.srlawpa.com/project/aperiam-hic-nulla-quaerat-placeat-quia-voluptas/) - [At culpa quia sunt quia](https://www.srlawpa.com/project/at-culpa-quia-sunt-quia/) - [Et voluptatem aut est ullam](https://www.srlawpa.com/project/et-voluptatem-aut-est-ullam/) - [Repellendus repellat molestiae](https://www.srlawpa.com/project/repellendus-repellat-molestiae-doloremque/) - [Rerum consequuntur explicabo](https://www.srlawpa.com/project/rerum-consequuntur-explicabo-a-architecto-et-voluptas-aut/) --- ## Lists - [PCs](https://www.srlawpa.com/ctct_lists/pcs/) - [All](https://www.srlawpa.com/ctct_lists/all/) - [Website](https://www.srlawpa.com/ctct_lists/website/) --- ## WP Client Logo - [Behance](https://www.srlawpa.com/client-logo/behance/) - [Facebook](https://www.srlawpa.com/client-logo/facebook/) - [Google plus](https://www.srlawpa.com/client-logo/google/) - [Instagram](https://www.srlawpa.com/client-logo/instagram/) - [LinkedIn](https://www.srlawpa.com/client-logo/linkedin/) - [Skype](https://www.srlawpa.com/client-logo/skype/) - [Telegram](https://www.srlawpa.com/client-logo/telegram/) - [Youtube](https://www.srlawpa.com/client-logo/youtube/) --- # # Detailed Content ## Pages - Published: 2024-05-28 - Modified: 2024-05-28 - URL: https://www.srlawpa.com/sitemap/ Posts by category Category: Immigration How a Local Asylum Lawyer Can Help Protect Your Future What to Expect Throughout the Process of Working With a Citizenship Lawyer Attorney Elina M. Santana Earns Coveted Spot on the 2025 Super Lawyers List How to Overcome Visa Denials Attorney Elina Santana Elected to AILA Board of Governors Understanding the Different Types of U. S. Visas What to Expect at Your First Meeting With a Family Immigration Lawyer Understanding the Provisional I-601A Waiver What You Need to Know About Naturalization in the U. S. 5 Reasons it’s Crucial to Work With a Qualified Immigration Lawyer 5 Essential Qualities of an Experienced Family Immigration Lawyer Overcoming Immigration Barriers: Strategies for Success What Does a Citizenship Lawyer Do? Mistakes to Avoid When Applying for a U. S. Green Card Understanding the Different Types of Immigrant Visas Understanding the Support an Asylum Lawyer Can Provide Why You Need an Immigration Lawyer Top Qualities to Look for in an Immigration Lawyer A Beginner’s Guide to Immigration Law What You Should Know About Immigration Law What is a Sanctuary City? Famous Folks Who Could Have Been (Or Were) Deported THE MOST ASKED IMMIGRATION QUESTIONS RIGHT NOW Keeping Up with President Trump: A Summary of His Executive Orders Affecting Immigration (So Far) & What They Mean Immigration Year-End Review: The Good, The Bad, and The Scandalous Will Fidel Castro’s Death Alter U. S. -Cuba Relations? Is Birthright Citizenship Changing U. S. Elections? Melania Trump’s Immigration Story: From H-1B to Pennsylvania Avenue? USCIS Expands Availability of Provisional Waiver Clinton v. Trump: Who Will Fix Our Broken Immigration System? Category: Spotlight Interview SPOTLIGHT INTERVIEW: Charlotte Rodriguez Sales Leadership Trainer SPOTLIGHT INTERVIEW: Richard L. Barbara, Esq. Real Estate Attorney SPOTLIGHT INTERVIEW: Mario L. Enriquez, Esq. First Party Property Insurance Coverage SPOTLIGHT INTERVIEW: Sandra Navarro-Garcia, Esq. Bankruptcy Attorney SPOTLIGHT INTERVIEW: Irama Valdes, Esq. Probate, Guardianship and Estate Planning Attorney SPOTLIGHT INTERVIEW: Elaine King Fuentes, CFP International Family Financial Planner SPOTLIGHT INTERVIEW: Carlos Garrido CEO Sandler Training Miami SPOTLIGHT INTERVIEW: Rebecca M. Nuñez, Esq. Family Law Attorney SPOTLIGHT INTERVIEW: Daniel Izquierdo, Esq. Criminal Defense Attorney Category: Uncategorized Johnny Law vs. Celebrities: Who won? You Be the Judge: Approve or Deny? NOTICIA DE ÚLTIMA HORA: Parole CHNV Terminado por Trump ¿Y Ahora Qué? BREAKING NEWS: CHNV Humanitarian Parole Terminated by Trump. Now What? Can You Pass the U. S. Citizenship Test? What Does December Mean for Immigrants: Challenges, Celebrations, or Both? Which Thanksgiving Dishes Reveal America’s Immigrant Heritage? How Did Halloween Become a Global Mosaic of Cultural Traditions? Everything You Need to Know About U. S. Citizenship 10 Influential Hispanic Immigrant Figures in the U. S. How Is Technology Shaping the Modern Immigration Process? What Is the Affirmative Relief Announcement? Qué es el Anuncio de Alivio Afirmativo del Presidente Biden We’re Hiring – EOIR / Court Paralegal What Are the Requirements to Apply for Naturalization and Become a U. S. Citizen? What Are the Requirements to Apply for Naturalization and Become a U. S. Citizen? Which Family Members Can You File a Petition For and How Long Will it Take? Senate Bill 1718: What Is It, and How Can It Affect You? Seven Famous Immigrants Who Became U. S. Citizens What is DACA, and where does it stand in 2023? Immigration in 2022: A Year in Review What Immigration Options Exist for Victims/Survivors of Domestic Violence? How Can Divorce Affect Your Conditional Permanent Residence? What Is the Situation of Unaccompanied Minors at the Border? What are the Latest SCOTUS Rulings on Immigration Law? Ely’s Guide for New Immigrants Can You Be Deported for Smoking Weed on 4/20 in 2022? Becoming a U. S. Citizen: What Is Naturalization and Who Qualifies? What’s the Difference Between a Fiancé Visa (K-1) and a Spousal Petition? 2021 Immigration Year-End Review What Does the USCIS October 2nd Fee Increase Mean for Your Case? Spotlight Interview: Ronald A. Marini, Esq. Can You Be Deported for Smoking Weed on 4/20 in 2020? Immigration Year-End Review: Spotlight Interview: Israel Sands, Esq. How Much Is Too Much? SPOTLIGHT INTERVIEW Lauren A. Marsicano, Esq. What Is the New Public Charge Rule, and Will It Affect Your Family? Where Do the 2020 Democratic Candidates Stand on Immigration? SPOTLIGHT INTERVIEW: Marc Hurwitz Cómo Ahorrar Dinero en Honorarios Legales para su Caso de Inmigración How to Save Money on Legal Fees for Your Immigration Case AILA Annual Conference Should States Grant Driver’s Licenses to People with No Legal Status? SPOTLIGHT INTERVIEW: ANDREA AGUILAR, ESQ. LL. M. (TAX) SPOTLIGHT INTERVIEW: Karen Lungarelli, Esquire TPS Renewals for Salvadorans, Haitians, Hondurans... Why is the Number of Immigration Detention Beds an Issue in the Border Wall Fight? Spotlight Interview: Carmen Hiers Ely’s Guide to Immigration During the Shutdown: Who’s Working, Who’s Not, and What Difference Does It Make to You? Immigration Year-End Review: SPOTLIGHT INTERVIEW: Neto Almanza Can President Trump End Birthright Citizenship? SPOTLIGHT INTERVIEW: Angel Gonzalez What’s New in Immigration from Attorney General Jeff Sessions? Family Reunification vs. Chain Migration: What’s the Difference? SPOTLIGHT INTERVIEW: James Schwitalla, Esquire SPOTLIGHT INTERVIEW: Daniel Izquierdo, Esq. , Criminal Defense Attorney Can Your US Citizenship Be Taken Away? SPOTLIGHT INTERVIEW: Zel & Korinna Saccani The End of DACA Spotlight Interview: Barry L. Simons, Esq. RAISE and DREAM: What’s In These New Bills? SPOTLIGHT INTERVIEW: BARRY A. STEIN, ESQ. How Does the Decriminalization and Increasing Legalization of Marijuana Affect Non-Citizens? Has the LGBTQ Battle for Immigration Equal Rights Been Won? SPOTLIGHT INTERVIEW Pages Abogados de Inmigración Para Las Oficinas de Kendall, Miami, y Hialeah de USCIS About Attorney Profiles Attorney Profile – Elina Santana Attorney Profile – Jonathan Rodriguez Perfil de la Abogada – Elina Santana Blog Cancellation of Removal for Non-Residents (42b) Attorney Client Reviews Contact Us Contáctenos Dos and Don’ts for USCIS Interviews and Court Hearings Get the Help of Qualified Immigration Waiver Lawyers in Miami Google PPC Contact Number Home Home Immigration Appeals Attorney Immigration Lawyer Homestead Florida – Attorney Inicio Jerome H. Poliacoff, Ph. D. — SPOTLIGHT INTERVIEW. Meet the Team Naturalization Lawyers in Kendall and Miami, FL Newsletter Newsletter & Email Archive Our service Our Team Practice Areas Real Estate Privacy Policy PROGRAMA UNA CONSULTA Qualified Family Immigration Attorney in Kendall, FL Reputable Immigration Lawyer Based in Miami Services Trusted Asylum Lawyers in Miami USCIS Entrevista en Kendall Para Ciudadania USCIS Interview in Kendall Field Office --- - Published: 2024-02-21 - Modified: 2024-02-21 - URL: https://www.srlawpa.com/newsletter-email-archive/ Follow this link to see all past emails: --- - Published: 2022-11-14 - Modified: 2022-11-14 - URL: https://www.srlawpa.com/dos-and-donts-for-uscis-interviews-and-court-hearings/ Most immigration procedures require an interview with an official from U. S. Citizenship and Immigration Services (USCIS) or a court appearance in front of an Immigration Judge in court. The tenor of interviews depends on the USCIS officer, judge, or court personnel assigned to the case, so it is almost impossible to be entirely prepared. The officer does not have anything against the individual being reviewed. It is important to remember, however, that it is their job to determine whether there is anything about their background or present circumstances that could prevent them from obtaining a desirable outcome, in this case, legal immigration status. Below, we have put together an assortment of Dos and Don’ts for USCIS interviews and Court hearings that our attorneys recommend. DOs for Interviews and Hearings: DO- Seek representation from an Attorney always. DO- Always wait for the Attorney to enter the building together unless instructed otherwise. DO- Be courteous and respectful to the USCIS officer and staff, and judge and court personnel. DO- Dress appropriately. The best attire to appear in would be business casual. DO- Review all documentation and forms prior to the interview. It’s not necessary to memorize everything, but it is good to go over basic information such as DOBs, place of employment, family names, travel dates, the details of the case, etc. DO- Look through a list of sample questions and practice before the interview (our office can provide this for you). When asked personal questions, it is important to remain calm and not get flustered. DO- Be prepared. Having copies of all the forms and original documents that were submitted can come in handy in case the file is missing, or incomplete, or the officer needs to consult a document but cannot find it. DO- Arrive with sufficient time to the hearing/interview. Allow time for traffic and locating the USCIS office or Court to avoid missing the appointment which can result in a denial of the case. DO- Answer only what is being asked. It is important to pay attention and listen to the questions being asked to avoid confusion and oversharing. DO- Bring an interpreter if communicating in English is difficult. DON’Ts for USCIS Interviews and Court Hearings: DO NOT- Forget any government-issued identification documents. DO NOT- Forget to turn off all electronic devices before entering your appointment. DO NOT- Lie to the USCIS officer or judge about case details. DO NOT- Argue or joke around with the USCIS officer, judge, or family members. DO NOT- Talk too much. Being too talkative and releasing unrelated information could raise the interviewer’s suspicions as it can be perceived as dishonest. DO NOT- Take anything that can be classified as alcohol, drugs, or a weapon. These are federal buildings, therefore, bringing any items classified as a weapon (such as perfume, nail clippers, etc. ), alcohol, or drugs could result in a fine or have negative implications. DO NOT- Guess any answers. It’s better to be honest and say “I don’t remember” or “I don’t know” than to fabricate an answer. Forgetting the answer to a question is an honest mistake, guessing incorrectly, however, and giving an answer that is different from the one provided in the submission could raise red flags and could put into question the validity of the case. Overall, it’s important to expect the unexpected in these interviews. The best way to prepare for this is to anticipate that anything can happen, remain calm, and above all, answer the questions honestly. Good manners and proper courtroom etiquette are very important and require preparation and self-awareness to make a good impression. While the judge, immigration personnel, and other courtroom formalities can be intimidating, we hope these helpful tips serve as a guide and set of expectations for these types of interviews and hearings. --- - Published: 2022-08-12 - Modified: 2022-08-12 - URL: https://www.srlawpa.com/secondarynumber/ You can reach us anytime at (305) 846-7096. This is a secondary number for our office. --- - Published: 2022-03-08 - Modified: 2025-06-17 - URL: https://www.srlawpa.com/ Trusted Immigration Law Firm in Miami, FLWE HELP BINATIONAL FAMILIES WHO HAVE FOUND LOVE ACROSS BORDERS LIVE IN THE US TOGETHERSend Us a Message var gform;gform||(document. addEventListener("gform_main_scripts_loaded",function{gform. scriptsLoaded=! 0}),document. addEventListener("gform/theme/scripts_loaded",function{gform. themeScriptsLoaded=! 0}),window. addEventListener("DOMContentLoaded",function{gform. domLoaded=! 0}),gform={domLoaded:! 1,scriptsLoaded:! 1,themeScriptsLoaded:! 1,isFormEditor:=>"function"==typeof InitializeEditor,callIfLoaded:function(o){return! (! gform. domLoaded||! gform. scriptsLoaded||! gform. themeScriptsLoaded&&! gform. isFormEditor||(gform. isFormEditor&&console. warn("The use of gform. initializeOnLoaded is deprecated in the form editor context and will be removed in Gravity Forms 3. 1. 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A. - Immigration Attorneys One of the top rated immigration lawyers in Miami-Dade County Focusing on marriage and family-based residency, deportation defense, waivers, complex citizenship cases, asylum, and more Representation at USCIS Interviews throughout Florida, including field offices in Kendall, Miami, Hialeah, Oakland Park, West Palm Beach, Orlando, Ft. Myers, & Tampa Experience with marriage fraud accusations, overcoming an illegal entry, and defending against deportation due to criminal history Unlike other immigration-specializing law firms in Miami, Santana Residency Law, P. A. , is an established firm in Miami devoted solely to the practice of Immigration Law. We are located in Coral Gables, Florida, but represent clients across all 50 states and abroad. Our goal is to help you achieve your American dream by providing honest and tireless service. Immigration Law Services We Offer Our Immigration attorneys represent foreign clients in affirmative petitions with US Citizenship & Immigration Services (“USCIS”), as well as provide direct representation at interviews and in deportation proceedings before the US Immigration Courts. We assist foreign nationals through the following legal services: Residency (Family-based & Marriage-based) Santana Residency Law assists with obtaining green cards for immediate relatives, including spouses, parents, and unmarried children under 21 of U. S. citizens, through family-based residency. For marriage-based residency, we help clients obtain conditional green cards for spouses of U. S. Our immigration law firm in Miami provides guidance for consular processing for family members outside the US to obtain their immigrant visas through U. S. consulates. Furthermore, we assist eligible individuals already in the US in adjusting their status to permanent residency. Citizenship and Naturalization We help aspiring US citizens through comprehensive assistance with naturalization applications, including preparation for the naturalization interview and civics test. We provide guidance for individuals who may automatically derive U. S. citizenship through their parents and offer special provisions for US armed forces members seeking naturalization. Deportation Defense In asylum cases, Santana Residency Law helps with preparing and submitting asylum applications for individuals fearing persecution in their home countries, prepares clients for credible fear interviews, and provides representation during these interviews and in defensive asylum cases presented in immigration court as a defense against removal. For cancellation of removal, our team assists non-permanent residents who have been in the US for a long period and meet specific criteria to cancel their removal, as well as permanent residents facing deportation, to apply for cancellation of removal. We also help clients with applications for waivers of inadmissibility, including I-601 and I-601A waivers, as well as criminal conviction waivers. Appeals Santana Residency Law represents clients in filing appeals to the Board of Immigration Appeals (BIA) for decisions made by immigration judges. We assist with filing petitions for review of BIA decisions in federal circuit courts and help with filing motions to reopen or reconsider immigration cases based on new evidence or legal errors. Additionally, we provide representation in appeals of certain immigration benefit denials, such as visa petitions and adjustment of status applications, before the Administrative Appeals Office (AAO). Immigration Law is constantly evolving and should never be a “do it yourself” endeavor. Navigating the complex framework of immigration laws and regulations, while also knowing how they intersect with your own state and country law, is difficult. This is especially true if you are navigating through sensitive deportation proceedings. When separation from your loved ones is not an option, hiring an experienced attorney to guide you is always suggested. Our office can quickly figure out what status or process you or your loved one qualifies for, and the probability of success. We can also save you time and money by avoiding error-base delays. Furthermore, our office helps prepare you for interviews and always keeps you in the know when it comes to your case. Call our office today at (305) 916-4800 or email info@srlawpa. com to schedule a consultation with an Immigration Attorney and learn more about how we can assist you or your family with your immigration matter. You can also schedule an appointment directly on our contact page 24 hours a day and 7 days a week! CALL US FOR IMMEDIATE ASSISTANCE! WHAT OUR CLIENTS SAY ABOUT US WHAT OUR CLIENTS HAVE TO SAY ______________________ Jonathan Doe Sed ut perspiciatis unde omnis iste natus error sit voluptatem accusantium doloremque laudantium, totam rem aperiam, eaque ipsa quae ab illo inventore veritatis et quasi architecto beatae vitae dicta sunt explicabo. Nemo enim ipsam voluptatem quia voluptas sit aspernatur aut odit aut fugit, sed quia consequuntur magni dolores eos qui ratione voluptatem sequi nesciunt. Jane Doe Sed ut perspiciatis unde omnis iste natus error sit voluptatem accusantium doloremque laudantium, totam rem aperiam, eaque ipsa quae ab illo inventore veritatis et quasi architecto beatae vitae dicta sunt explicabo. Nemo enim ipsam voluptatem quia voluptas sit aspernatur aut odit aut fugit, sed quia consequuntur magni dolores eos qui ratione voluptatem sequi nesciunt. Oscar Gillespie Sed ut perspiciatis unde omnis iste natus error sit voluptatem accusantium doloremque laudantium, totam rem aperiam, eaque ipsa quae ab illo inventore veritatis et quasi architecto beatae vitae dicta sunt explicabo. Nemo enim ipsam voluptatem quia voluptas sit aspernatur aut odit aut fugit, sed quia consequuntur magni dolores eos qui ratione voluptatem sequi nesciunt. Julia Tucker Sed ut perspiciatis unde omnis iste natus error sit voluptatem accusantium doloremque laudantium, totam rem aperiam, eaque ipsa quae ab illo inventore veritatis et quasi architecto beatae vitae dicta sunt explicabo. Nemo enim ipsam voluptatem quia voluptas sit aspernatur aut odit aut fugit, sed quia consequuntur magni dolores eos qui ratione voluptatem sequi nesciunt. --- - Published: 2020-04-16 - Modified: 2020-04-16 - URL: https://www.srlawpa.com/inicio/ CONSUMER LAW SEE MORE IMMIGRATION (INGLÉS) INMIGRACIÓN (ESPAÑOL) FINANCIAL LAW SEE MORESantana Rodriguez Law, P. A. One of the top rated immigration lawyers in Miami-Dade County Focusing on marriage and family-based residency, deportation defense, waivers, complex citizenship cases, asylum, and more Representation at USCIS Interviews throughout Florida, including field offices in Kendall, Miami, Hialeah, Oakland Park, West Palm Beach, Orlando, Ft. Myers, & Tampa Experience with criminal immigration matters, marriage fraud accusations, and overcoming an illegal entry Santana Rodriguez Law, P. A. is an established firm devoted solely to the practice of Immigration Law. We are located in Coral Gables, Florida, but represent clients across all 50 states and abroad. Our goal is to help you achieve your American dream by providing honest and tireless service. Our Immigration attorneys represent foreign clients in affirmative petitions with U. S. Citizenship & Immigration Services (“USCIS”), as well as provide direct representation at interviews and in deportation proceedings before the U. S. Immigration Courts. We handle Family-based and Marriage-based Residency, Naturalization, Deportation Defense (including Asylum, Cancellation of Removal, and Waivers), and Appeals for previously denied cases. Immigration Law is constantly evolving and should never be a “do it yourself” endeavor. Navigating the complex framework of immigration laws and regulations, while also knowing how they intersect with your own state and country law, is difficult. This is especially true if you are navigating through sensitive deportation proceedings. When separation from your loved ones is not an option, hiring an experienced attorney to guide you is always suggested. Our office can quickly figure out what status or process you or your loved one qualifies for, and the probability of success. We can also save you time and money by avoiding error-base delays. Furthermore, our office helps prepare you for interviews and always keeps you in the know when it comes to your case. Call our office today at (305) 916-4800 or email info@srlawpa. com to schedule a consultation with an Immigration Attorney and learn more about how we can assist you or your family with your immigration matter. ¡LLÁMENOS PARA ASISTENCIA INMEDIATA! WHAT OUR CLIENTS SAY ABOUT US WHAT OUR CLIENTS HAVE TO SAY ______________________ Jonathan Doe Sed ut perspiciatis unde omnis iste natus error sit voluptatem accusantium doloremque laudantium, totam rem aperiam, eaque ipsa quae ab illo inventore veritatis et quasi architecto beatae vitae dicta sunt explicabo. Nemo enim ipsam voluptatem quia voluptas sit aspernatur aut odit aut fugit, sed quia consequuntur magni dolores eos qui ratione voluptatem sequi nesciunt. Jane Doe Sed ut perspiciatis unde omnis iste natus error sit voluptatem accusantium doloremque laudantium, totam rem aperiam, eaque ipsa quae ab illo inventore veritatis et quasi architecto beatae vitae dicta sunt explicabo. Nemo enim ipsam voluptatem quia voluptas sit aspernatur aut odit aut fugit, sed quia consequuntur magni dolores eos qui ratione voluptatem sequi nesciunt. Oscar Gillespie Sed ut perspiciatis unde omnis iste natus error sit voluptatem accusantium doloremque laudantium, totam rem aperiam, eaque ipsa quae ab illo inventore veritatis et quasi architecto beatae vitae dicta sunt explicabo. Nemo enim ipsam voluptatem quia voluptas sit aspernatur aut odit aut fugit, sed quia consequuntur magni dolores eos qui ratione voluptatem sequi nesciunt. Julia Tucker Sed ut perspiciatis unde omnis iste natus error sit voluptatem accusantium doloremque laudantium, totam rem aperiam, eaque ipsa quae ab illo inventore veritatis et quasi architecto beatae vitae dicta sunt explicabo. Nemo enim ipsam voluptatem quia voluptas sit aspernatur aut odit aut fugit, sed quia consequuntur magni dolores eos qui ratione voluptatem sequi nesciunt. --- - Published: 2020-04-16 - Modified: 2020-04-16 - URL: https://www.srlawpa.com/contactenos/ Santana Rodriguez Law, P. A. 3663 SW 8th St #206 Miami, FL 33135 Office: (305) 916-4800 Fax: (888) 402-6786 Correo Electrónico: Elina@SRLawPA. com or Jonathan@SRLawPA. com Síganos en www. facebook. com/SRLawPA Contáctenos Nombre (necesario) Numero de Teléfono Correo Electrónico (necesario) Mensaje Please prove you are human by selecting the cup. --- - Published: 2018-10-15 - Modified: 2018-10-15 - URL: https://www.srlawpa.com/jerome-h-poliacoff-ph-d-spotlight-interview/ Marriage, Divorce, Domestic Violence, and Emotional Hardship are all the centerpiece of MANY of our immigration cases. As such, this month I am honored to feature child, family, and expert witness psychologist, Jerome H. Poliacoff, Ph. D. , for our SPOTLIGHT INTERVIEW. Q: Thanks for taking the time to sit with us, Jerome. First off, please tell our readers about yourself. What is the nature of your practice? A: Thank YOU so much for “spotlighting” me! I started my professional life as a child and family psychologist, trained at the University of Miami and the Children’s Psychiatric Centers. That clinical practice has evolved over time, more by chance and happenstance than active searching, into a forensic or court involved practice as an expert witness psychologist. My first “legal case” was a child day care abuse case – I (and a few of my recently minted classmates) had a number of children from the same referral source who presented with troubling symptoms consistent with abuse. I was called as a witness and found myself fascinated with the forensic aspect of clinical work. The defense attorney who deposed me called a year later to ask me to be a witness and I was hooked. My practice consists of three parts (i) Working with (counseling, consulting) adolescents and their families with all the sorts of “problems” adolescents pose to family harmony, and families in high conflict divorce (ii) Serving as an expert (either evaluator, guardian ad litem, or consultant) in family court (divorce) cases, and (iii) As an expert in assessing emotional damages claims in employment litigation or assessing hardship in immigration cases. Q: What prompted you to become an psychologist? A: Actually I wanted to be an attorney – I grew up on black and white TV and after Sky King my family’s favorite Saturday night “family viewing” was Perry Mason and the Defenders. My family made a trip from New York to Florida and we passed what used to be the Children’s Psychiatric Centers (on the corner of Lejeune and Alhambra, a block away from my current office), I said I’d work there when I grew up. I came back to Florida the first winter after graduating college to visit a cousin after the Viet Nam war had ended and he was enrolled at U of M on the GI bill. I took a tour of the campus – remember it was winter in New York – and I thought I’d apply to law school – admissions were closed BUT the psychology department was still accepting applications. Anything to leave New York, I applied, and was admitted on a scholarship. I came, I graduated, I stayed (AND I did my child training at the Children’s Psychiatric Centers). Q: What sort of cases are you most passionate about? A: I enjoy working with adolescents, and I like family therapy, but maybe because I am still a “wanna be” lawyer I get passionate about legal cases – whether family, or tort, or immigration. The case law, and rules and statutes, governing a case continue, for me, to make for keen reading material – each “side” has a theory of why they are “right” and figuring out what lies between is always a rewarding mental challenge. Recently I’ve become active in working with collaborative family law cases (I know, “collaborative law” is an oxymoron if ever there was one). The passions are still high but the road to resolution is much less adversarial, and as the “mental health neutral” in a case I get to help families craft a parenting plan, collaboratively, and get the opportunity (when needed) to keep the attorneys on task. And, more often than not the cases resolve without judicial input, and folks walk away feeling less disadvantaged. Q: What are the kinds of immigration cases you work on? A: Like winding up in psychology I come to immigration work by fortuitous accident. In 2007, eight years after Elian Gonzalez, I was the default psychology choice for Ira Kurzban (no one in the Spanish language community would volunteer to serve pro bono as an expert) who was representing the father in what came to be referred to as “Elian II” (See: https://www. nytimes. com/2007/09/02/us/02adopt. html). That relationship led to a whole new world of psychology and the law – one in which there were no guidelines for practice. Over the past decade I’ve worked with families petitioning for waivers based on hardship, with victims of domestic violence at the hands of U. S. citizen spouses, and with asylum cases. The most challenging are the DV cases, both emotionally, and because the INS seems to deny every one of them the first time around, despite the merits of the case. Q: How has the changing health care environment changed to way you practice? A: When I started practice in the 1980’s insurance carriers, Blue Cross Blue Shield for instance. reimbursed psychologists at a rate of a bit over one hundred dollars an hour. Some thirty years later that reimbursement is down to about half – about forty five dollars an hour. When the insurance carriers started demanding more and more paperwork, and were paying less and less, I took myself off all the panels I had previously been on. As a more senior psychologist, with a forensic specialty, that has not been a problem for me – actually it was an excellent decision. But for many of my colleagues, if not most, depending on insurance reimbursement, and the increase in paperwork, has led to some older professionals to scale back or seek other specialties, and others to work harder and longer for less. Q: So, in the face of a declining heath care system, the high cost of insurance, and the often times out of status position of immigration litigants how do they afford your professional fees? A: Most of the two or three hundred cases I’ve evaluated for hardship, or DV, or asylum, are ones in which petitioners are here illegally, they do not have (cannot afford) health insurance (which doesn’t pay for court related evaluations in any event), and they are meeting a psychologist for the first time. Let’s take a hardship case for instance: In order for you to demonstrate hardship on behalf of your client you need to demonstrate that there would be a hardship to a United States citizen or lawful permanent resident relative of the alien which would result if the alien's inadmissibility cannot be waived. And, hardship falls into three very loosely defined categories based on previous immigration court decisions (a) hardship, (b) extreme hardship, and (c) extreme and unusual hardship. No matter the nature the hardship your task, and mine as a psychological evaluator, is to articulate the variety of circumstances that fall under the vague rubric of "hardship. " The ultimate goal is to prove that the degree of hardship suffered by the alien's qualifying relative(s) exists, and that this situation cannot be remedied by a move abroad on the part of the United States citizen or lawful permanent resident relative(s). Early on it seemed that a psychological exam or testing showing for instance depression, or anxiety, on the part of the qualifying relative would be enough – it was until the INS got stricter (more restrictive) in it’s deliberations. Over time I began to see that the population I was evaluating had little access to health care and suffered more often than not from gastrointestinal diseases (e. g. , Crohn’s disease), and or metabolic diseases (e. g. , diabetes, obesity), and or cardiovascular disease in it’s early stages (e. g. , elevated blood pressure). There is a wealth of empirical literature on the effect of disease on psychological functioning, and the effect of psychological functioning on health. Once I got the connection my reports have begun to focu more on the adverse interaction of poor health and psychological functioning, or poor psychological functioning on health. Those are the kinds of things that psychologists, by training and statute, or able, and allowed, to opine about and the resulting reports have become longer, more scientific, and testimony when required more compelling. At the end of the day I decided to set a low flat fee for my services in immigration cases – health insurance, if it were available, wouldn’t cover it, and I see my work in this arena as “giving something back”. Q: How is immigration court different than family court, or civil court? A: WOW! Don’t get me started. An employment case (e. g. , allegations of sexual harassment, or age discrimination) heard in Federal, or even state, court can go on for years until a trial, if there is one. Along the way, as an expert, I get to review relevant deposition transcripts, I get to critique the work of the “other side’s” experts AND my work is subject to the same scrutiny and examination. In family court – whether as a guardian ad litem, a parenting coordinator, or an evaluator – the same “discovery process” takes place. And, a trial, if it comes to that, has been preceded by any number of appearances in court along the way by the attorneys. Immigration court – when it occurs – is after all the paperwork is in. A hearing is presided over by a judge who is a civil servant employed by the justice department, and today is under a demand to process increasingly larger number of cases. The government attorney is often different at each hearing and or the final hearing and there have been no prior depositions of experts. I think the judges respect having an expert but also don’t know what to do with one – the trial attorneys for the government are less receptive, less prepared, and increasingly hostile. AND all this takes place at a final hearing that is scheduled for three or four hours! Q: Thank you for your time, and for your thoughts, it’s been a pleasure chatting with you. How can our subscribers reach you for a consultation? A: I can be reached at (305) 624-7900 or via e-mail at jpoliacoff@gmail. com, or through my website drpoliacoff. com. Thank you, Jerome, for sharing your knowledge with our subscribers. This is Elina signing off until next month's spotlight interview. 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CALL US NOW Lorem ipsum dolor sit Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. MEET US TODAY Lorem ipsum dolor sit Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. --- - Published: 2017-02-27 - Modified: 2025-06-17 - URL: https://www.srlawpa.com/home-2/ CONSUMER LAW SEE MORE IMMIGRATION (ENGLISH) INMIGRACIÓN (ESPAÑOL) FINANCIAL LAW SEE MORE Santana Rodriguez Law, P. A. - Immigration Attorneys One of the top rated immigration lawyers in Miami-Dade County Focusing on marriage and family-based residency, deportation defense, waivers, complex citizenship cases, asylum, and more Representation at USCIS Interviews throughout Florida, including field offices in Kendall, Miami, Hialeah, Oakland Park, West Palm Beach, Orlando, Ft. Myers, & Tampa Experience with marriage fraud accusations, overcoming an illegal entry, and defending against deportation due to criminal history Santana Rodriguez Law, P. A. is an established firm devoted solely to the practice of Immigration Law. We are located in Coral Gables, Florida, but represent clients across all 50 states and abroad. Our goal is to help you achieve your American dream by providing honest and tireless service. Our Immigration attorneys represent foreign clients in affirmative petitions with U. S. Citizenship & Immigration Services (“USCIS”), as well as provide direct representation at interviews and in deportation proceedings before the U. S. Immigration Courts. We handle Family-based and Marriage-based Residency, Naturalization, Deportation Defense (including Asylum, Cancellation of Removal, and Waivers), and Appeals for previously denied cases. Immigration Law is constantly evolving and should never be a “do it yourself” endeavor. Navigating the complex framework of immigration laws and regulations, while also knowing how they intersect with your own state and country law, is difficult. This is especially true if you are navigating through sensitive deportation proceedings. When separation from your loved ones is not an option, hiring an experienced attorney to guide you is always suggested. Our office can quickly figure out what status or process you or your loved one qualifies for, and the probability of success. We can also save you time and money by avoiding error-base delays. Furthermore, our office helps prepare you for interviews and always keeps you in the know when it comes to your case. Call our office today at (305) 916-4800 or email info@srlawpa. com to schedule a consultation with an Immigration Attorney and learn more about how we can assist you or your family with your immigration matter. You can also schedule an appointment directly by visiting www. calendly. com/emsesq 24 hours a day and 7 days a week! CALL US FOR IMMEDIATE ASSISTANCE! WHAT OUR CLIENTS SAY ABOUT US WHAT OUR CLIENTS HAVE TO SAY ______________________ Jonathan Doe Sed ut perspiciatis unde omnis iste natus error sit voluptatem accusantium doloremque laudantium, totam rem aperiam, eaque ipsa quae ab illo inventore veritatis et quasi architecto beatae vitae dicta sunt explicabo. Nemo enim ipsam voluptatem quia voluptas sit aspernatur aut odit aut fugit, sed quia consequuntur magni dolores eos qui ratione voluptatem sequi nesciunt. Jane Doe Sed ut perspiciatis unde omnis iste natus error sit voluptatem accusantium doloremque laudantium, totam rem aperiam, eaque ipsa quae ab illo inventore veritatis et quasi architecto beatae vitae dicta sunt explicabo. Nemo enim ipsam voluptatem quia voluptas sit aspernatur aut odit aut fugit, sed quia consequuntur magni dolores eos qui ratione voluptatem sequi nesciunt. Oscar Gillespie Sed ut perspiciatis unde omnis iste natus error sit voluptatem accusantium doloremque laudantium, totam rem aperiam, eaque ipsa quae ab illo inventore veritatis et quasi architecto beatae vitae dicta sunt explicabo. Nemo enim ipsam voluptatem quia voluptas sit aspernatur aut odit aut fugit, sed quia consequuntur magni dolores eos qui ratione voluptatem sequi nesciunt. Julia Tucker Sed ut perspiciatis unde omnis iste natus error sit voluptatem accusantium doloremque laudantium, totam rem aperiam, eaque ipsa quae ab illo inventore veritatis et quasi architecto beatae vitae dicta sunt explicabo. Nemo enim ipsam voluptatem quia voluptas sit aspernatur aut odit aut fugit, sed quia consequuntur magni dolores eos qui ratione voluptatem sequi nesciunt. --- - Published: 2017-01-06 - Modified: 2025-08-27 - URL: https://www.srlawpa.com/meet-the-team/ Meet the Team Profile - PerfilApply today by sending your resume to hiring@srlawpa. com! --- - Published: 2016-12-22 - Modified: 2025-01-15 - URL: https://www.srlawpa.com/client-reviews/ Alex Trujillo 2024-12-19 Trustindex verifies that the original source of the review is Google. What an amazing experience! Clear and concise consultation! Elina is super compassionate and straight to the point. My family will definitely be working with you for years to come! Roberto Alejandro 2024-12-18 Trustindex verifies that the original source of the review is Google. Los mejores sin dudas, son míos de por vida, fui i220A y gracias a ellos me convertí en residente de este hermoso país después de sobrepasar todos los obstáculos, 100000000000000 de veces recomendados, 100000000000000% profesionales, confiables y una atención magnificada, los amo, gracias a Romy por estar las 24 horas poniéndome al día y dando las soluciones perfectas para lograr una de las tantas cosas que queremos cuando emigramos a un país bello como este de verdad de corazón: GRACIAS, SANTANA RESIDENCY LAW gracias por darme el privilegio y la atención de alcanzar de excelente logro LOS AMO Mirelis Aguilar 2024-10-11 Trustindex verifies that the original source of the review is Google. Elina Santana has helped a few of my friends with their immigration cases, and they always had a positive experience. She is very knowledgeable in immigration law. From the first consultation, her team makes you feel very comfortable with the process. Great communication , professionalism, preparedness and transparency about their fees are one of their standout aspects. I would recommend them to anyone seeking assistance with Immigration matters. Viviana P. Ardila, P. A. 2024-09-28 Trustindex verifies that the original source of the review is Google. Great lawyer and mentor! Always ready to help with complex issues! Jamile Moraes 2024-09-27 Trustindex verifies that the original source of the review is Google. Elina is very knowledgeable and passionate about what she does! Higher recommended! ! ! Mirela De Souza 2024-09-27 Trustindex verifies that the original source of the review is Google. Excellent & Honest! Julian Vasquez 2024-09-27 Trustindex verifies that the original source of the review is Google. I work at a Family Law Firm in Miami and we refer out to the Santana Rodriguez Law Firm often. We find their staff to be attentive and the legal department to be top notch. We value the service they provide to those in need of any type of immigration legal matter. Mario Godoy 2024-09-27 Trustindex verifies that the original source of the review is Google. Great immigration attorney. --- - Published: 2016-12-03 - Modified: 2025-06-17 - URL: https://www.srlawpa.com/immigration-lawyer-homestead-florida-attorney/ Our Homestead Immigration attorneys represent Homestead Florida residents in affirmative petitions with U. S. Citizenship & Immigration Services (“USCIS”), as well as provide direct representation at interviews and in deportation proceedings before the U. S. Immigration Courts. We handle Family-based and Marriage-based Residency, Naturalization, Deportation Defense (including Asylum, Cancellation of Removal, and Waivers), and Appeals for previously denied cases. Call our office today at (305) 916-4800 to schedule a consultation with an Immigration Attorney in Homestead to learn more about how we can assist you with your Immigration matter. Oprima aqui para Español   IMMIGRATION PRACTICE AREAS: FAMILY IMMIGRATIONPetitions for parents, children, spouses, and siblingsMarriage-based ResidencyFiancée VisasDomestic Violence-based Cases (VAWA)Child Status Protection Act (CSPA) DOMA & SAME-SEX MARRIAGEMarriage-based Residency for Same-sex CouplesFiancée Visas for Same-Sex Couples APPEALSBoard of Immigration AppealsAdministrative Appeals OfficeNotice of Intent to Deny or RevokeI-290B AppealsMarriage-fraud Accusations CITIZENSHIP / NATURALIZATIONRepresentation at InterviewsWaiver for the Medical ExamWaiver for the Language ExamHelp with past criminal issuesRequest for reconsideration at a new interviewHelp with tax issuesDetemrining eligibility due to extensive travel RESIDENCY / GREEN CARDInitial Residency applicationsRenewal of Residency245i Adjustment of StatusDomestic Violence-based Cases (VAWA) DEPORTATION DEFENSEMaster HearingsIndividual HearingsMotions to Change VenueMotions to Reopen previous OrdersStay of Deportation CONDITIONAL RESIDENCY FOIA / FILE REQUESTS DETAINED IMMIGRANTSBond Motions & HearingsParole RequestsReasonable & Credible Fear Interviews WAIVERSProvisional Waiver10-year WaiverWaiver for Crimes of Moral TurpitudeFraud Waivers DAPA ASYLUMPolitical AsylumReligious AsylumFamily-based AsylumDomestic Violence-based Asylum DEPENDENCY & SPECIAL IMMIGRANT JUVENILE VISAS CANCELLATION OF REMOVALCancellation for Non-Permanent ResidentsCancellation for Permanent Residents DACA NON-IMMIGRANT VISASTourist VisasExtensions of VisasChange of Visa CONSULAR PROCESSING HUMANITARIAN VISAS TEMPORARY PROTECTED STATUS (TPS) The city of Homestead, Florida is in Miami-Dade county approximately 48 km (30 miles) south of Miami. It is known for it's great weather (average temperature in December is 74 degrees), welcoming residents, recreational activities and natural beauty as Homestead is adjacent to Everglades National Park and Biscayne National Park. The city is primarily a suburb and agricultural area with a population of approximately 65,000 people. --- - Published: 2016-11-17 - Modified: 2024-12-06 - URL: https://www.srlawpa.com/privacy-policy/ Last updated: November 16, 2016 Santana Residency Law, P. A. (“us”, “we”, or “our”) operates the https://www. srlawpa. com/ website (the “Service”). This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service. We will not use or share your information with anyone except as described in this Privacy Policy. We use your Personal Information for providing and improving the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible at https://www. srlawpa. com/ Information Collection And Use While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. We collect this information for the purpose of providing the Service, identifying and communicating with you, responding to your requests/inquiries, servicing your purchase orders, and improving our services. Log Data We may also collect information that your browser sends whenever you visit our Service (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics. In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Service’s functionality. These third party service providers have their own privacy policies addressing how they use such information. Cookies Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and transferred to your device. We use cookies to collect information in order to improve our services for you. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most browsers provide information on how to accept cookies, disable cookies or to notify you when receiving a new cookie. If you do not accept cookies, you may not be able to use some features of our Service and we recommend that you leave them turned on. Behavioral Remarketing Santana Residency Law, P. A. uses remarketing services to advertise on third party web sites to you after you visited our Service. We, and our third party vendors, use cookies to inform, optimize and serve ads based on your past visits to our Service. Google Google AdWords remarketing service is provided by Google Inc. You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www. google. com/settings/ads Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools. google. com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www. google. com/intl/en/policies/privacy/ Facebook Facebook remarketing service is provided by Facebook Inc. 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We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services. Children’s Privacy Only persons age 18 or older have permission to access our Service. Our Service does not address anyone under the age of 13 (“Children”). We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you learn that your Children have provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a children under age 13 without verification of parental consent, we take steps to remove that information from our servers. Changes To This Privacy Policy This Privacy Policy is effective as of June 06, 2016 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page. We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy. If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website. Contact Us If you have any questions about this Privacy Policy, please contact us. --- - Published: 2016-10-26 - Modified: 2019-06-30 - URL: https://www.srlawpa.com/uscis-entrevista-en-kendall-para-ciudadania/ Estos son DIEZ consejos importantes para tener en cuenta a la hora de visitar la Oficina de USCIS en Kendall para sus entrevistas: Usted NECESITA traer su propio intérprete. USCIS no proporcionará uno para usted y su caso puede ser reprogramado si no trae un traductor y está asignado a un oficial que no habla su idioma nativo. El estacionamiento es gratis y fácil en la oficina de Kendall Field, pero puede estar MUY ocupado en los días en que se llevan a cabo las ceremonias judiciales (las ceremonias donde los nuevos ciudadanos juran), así que asegúrese de llegar con suficiente tiempo para estacionar y hacer a través de la seguridad. No podrá registrarse para su cita más de 30 minutos antes de la hora programada. Asegúrese de dejar artículos como encendedores, fósforos y tijeras en su automóvil. Revise su solicitud antes de ir a la entrevista. La mayor parte de la conversación será sobre lo que se incluyó en su solicitud, por lo que debe asegurarse de estar familiarizado con su contenido y estar listo para actualizar cualquier cosa que haya cambiado desde que presentó el formulario. Vístete profesionalmente! Esto no es un requisito, pero no olvide que las primeras impresiones siempre son importantes. Usted quiere que el oficial sepa que está tomando en serio su entrevista. ¡No uses pantalones cortos o chanclas! Lleve todos sus documentos originales, incluidos los pasaportes y los documentos de identidad. Lleve copias de cualquier documento que no quiera que el oficial se quede. Por ejemplo, si trae su álbum de boda, asegúrese de traer también copias del álbum para que él / ella no tenga que sacar algunas fotos originales de su archivo. Actualice la identificación de su estado y la licencia de conducir para que reflejen su dirección actual. Es un requisito de la ley de Florida, y el funcionario le preguntará por qué no está cumpliendo con la ley si su licencia no está actualizada. Planea estar en USCIS todo el día. La mayoría de las entrevistas no toman más de una hora, pero a veces los tiempos de espera son largos. Limpie su agenda para todo el día para que no tenga prisa y no tenga la presión adicional de preocuparse por llegar al trabajo. Si usted está interesado en tener un abogado de inmigracion en Kendall que lo acompañe a su entrevista en USCIS, por favor, póngase en contacto con nuestra oficina para una consulta un abogado de uscis al (305) 916-4800. --- - Published: 2016-10-19 - Modified: 2022-11-14 - URL: https://www.srlawpa.com/uscis-interview-kendall-field-office/ These are ten important tips to keep in mind for your Kendall USCIS Interview: You MUST bring your own interpreter. USCIS will not provide one for you, and your case may be rescheduled if you don’t bring a translator and you are assigned an officer that doesn’t speak your native language. Parking is free and easy at the Kendall Field office, but it can be VERY busy on days where judicial ceremonies are held (the ceremonies where new citizens are sworn in), so make sure you arrive with plenty of time to park and make it through security. You will not be able to check-in for your appointment any earlier than 30 minutes prior to your scheduled time. Make sure you leave items such as lighters, matches, and scissors in your car. Review your application before going to the interview. Most of the conversation will be about what was put on your application, so you want to make sure you are familiar with its content and are ready to update anything that may have changed since you filed the form. Dress professionally! While this isn’t a requirement, don’t forget first impressions are always important. You want the officer to know you are taking your interview seriously. Don’t wear shorts or flip-flops! Bring all your original documents with you, including passports and IDs. Bring copies of any documents that you don’t want the officer to keep. For example, if you bring your wedding album, make sure you also bring the officer copies of the album for him/her to keep, or he/she will have to take some original pictures out for his/her file. Update your state identification and driver’s license so they reflect your current address. It is a requirement of Florida law, and the officer will ask why you are not complying with the law if your license is not updated. Plan to be at USCIS all day. Most interviews don’t take more than an hour, but sometimes the waiting times are long. Clear your schedule for the whole day so you are not in hurry and don’t have the added pressure of worrying if you will make it to work. If you are interested in having an immigration attorney in Kendall accompany you to your USCIS interview, please contact our office for a consultation at (305) 916-4800. More Do's and Don'ts when preparing for your interview: CLICK HERE! --- - Published: 2016-08-22 - Modified: 2024-12-06 - URL: https://www.srlawpa.com/asylum-attorney/ Trusted Asylum Lawyers in Miami Understanding the Asylum Process Filing for asylum means seeking protection in the United States if you have suffered persecution or fear future persecution in your country due to race, religion, nationality, membership in a particular social group, or political opinion. This legal process allows you to remain in the U. S. and potentially obtain permanent residency.   Eligibility: Who Can File and When? To be eligible for asylum, you must meet specific criteria and adhere to strict deadlines. Generally, you must file for asylum within one year of your arrival in the U. S. However, exceptions exist for those who can demonstrate changed circumstances affecting their eligibility or extraordinary circumstances relating to the delay in filing.   Key Requirements for Asylum Applications While asylum is a protection given to refugees from other countries, there are specific eligibility requirements to qualify. When filing for asylum, you must: Demonstrate a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. Prove that the persecution is by the government or groups that the government cannot control. Provide credible evidence to support your claims, including documentation and testimony.   Important Guidelines to Remember If you wish to seek asylum status and meet all the requirements listed, here are the crucial things to consider for a better chance of successful application: Seek Legal Assistance Early: An experienced asylum attorney in Miami can guide you through the complex process. Keep Detailed Records: Document every instance of persecution and gather supporting evidence. Stay Informed: Asylum laws and policies can change, staying updated is crucial. Prepare for Interviews and Hearings: Your credibility and consistency in telling your story are vital.   How Santana Residency Law Can Assist You Asylum is an integral part of Immigration Law, offering refugees a chance for a better and safer life. Our immigration lawyers understand how crucial this protection is for vulnerable foreign nationals and will do everything we can to help you achieve the status As a leading firm for asylum lawyers in Miami, we provide comprehensive services, including: Personalized Consultations: We evaluate your situation and explain your options. Detailed Case Preparation: From collecting evidence to preparing your application, we ensure every detail is meticulously handled. Representation: We stand by you through interviews and court hearings, advocating passionately on your behalf. Ongoing Support: Our commitment doesn’t end with filing. We stay with you through the entire process, offering continuous support and updates. Trust Santana Residency Law, your trusted asylum attorney in Miami, to navigate the complexities of the asylum process and fight for your right to safety and freedom. Contact us today to schedule your consultation and take the first step toward securing your future in the United States.   --- - Published: 2016-08-22 - Modified: 2018-07-24 - URL: https://www.srlawpa.com/cancellation-removal-non-residents-attorney/ Non-LPR cancellation of removal (42b) under INA section 240A is a form of discretionary relief from removal. To be eligible for this relief, Respondent must establish that he has been physically present in the US for a continuous period of not less than 10 years immediately preceding the application for relief; that he has had good moral character during the 10-year period prior to the entry of a decision in this case; that he has not been convicted of an offense that would make him inadmissible or deportable; and that his removal would result in exceptional and extremely unusual hardship to USC or LPR parents or children. The BIA’s landmark case discussing hardship is Matter of Recinas, 23 I&N Dec. 467, 470 (BIA 2002). In granting relief in Recinas, the BIA considered many factors including: (1) the qualifying relatives were entirely dependent upon respondent for financial and emotional support; (2) Respondent’s ability to care for the relatives if deported will be substantially hampered; (3) Strong family system in U. S. which has provided financial and emotional support without which respondent’s hardship would increase and would affect hardship of the qualifying relatives; (4) Respondent’s prospects of immigrating are unrealistic due to backlog of visa availability. The standard as described above is exceptional and extremely unusual circumstances, see Matter of Monreal, 23 I&N Dec 56 ( BIA 2001). Also in Matter of Anderson, 161 &N Dec. 596 (BIA 1978), the Honorable Board found that “relevant factors through not extreme themselves must be considered in the argument in determining whether extreme hardship exists. ” Under Matter of Ige, 20 I&N Dec. 880, 882 (BIA 1994), factors relating to the hardship standard that should be considered by the court include: the health and medical conditions of the USC relative and that Respondent’s ability to care for the relative if deported will be substantially hampered. According to Matter of Monreal, these factors should be considered in the aggregate in determining whether extreme hardship exists. --- - Published: 2016-08-22 - Modified: 2024-12-06 - URL: https://www.srlawpa.com/provisional-waivers-attorney-i-601a/ Understanding the Provisional Unlawful Presence Waiver (I-601A) Navigating the complexities of U. S. immigration law can be daunting, especially when dealing with unlawful presence issues. Filing for a provisional unlawful presence waiver, also known as the I-601A waiver, is critical for many immigrants seeking legal status. At Santana Residency Law, we specialize in guiding clients through this intricate process, ensuring you have the best chance of success. Who is Eligible to File for a Provisional Unlawful Presence Waiver? Determining eligibility for the I-601A waiver is a crucial first step. This waiver is specifically designed for certain immediate relatives of U. S. citizens or lawful permanent residents who are ineligible for an immigrant visa due to unlawful presence in the U. S. Typically, this applies to spouses, children, and parents who have accrued unlawful presence and must leave the U. S. to obtain an immigrant visa but fear the long wait times associated with returning. Key Requirements for Filing the I-601A Waiver To successfully file for an I-601A waiver, applicants must meet several requirements: Presence in the U. S. : Applicants must be physically present in the U. S. to file. Pending Immigrant Visa Case: You must have an approved immigrant visa petition (Form I-130 or Form I-360) and have paid the Department of State's immigrant visa fee. Extreme Hardship: It is essential to demonstrate that denial of the waiver would cause extreme hardship to a qualifying U. S. citizen or lawful permanent resident relative. Admissibility: You must not be subject to any other grounds of inadmissibility. Our experienced immigration waiver attorneys in Miami are well-versed in these requirements and can help you assess your eligibility and prepare a strong application. Additional Guidelines for a Successful I-601A Waiver Application Filing for an I-601A waiver involves more than just meeting the basic requirements. Here are some additional guidelines to consider: Comprehensive Documentation: Submitting thorough documentation to support your claim of extreme hardship is critical. This may include medical records, financial statements, and personal affidavits. Legal Guidance: Consulting with an immigration waiver lawyer in Miami ensures that your application is correctly filled out and submitted, reducing the risk of errors that could delay your case. Timing: It is crucial to understand the timing of the application process. The provisional waiver is filed before you leave the U. S. for your consular interview. How Santana Residency Law Can Assist with Your I-601A Waiver At Santana Residency Law, we understand the stress and uncertainty of filing for an I-601A waiver. Our team of dedicated inadmissibility waiver attorneys in Miami provides comprehensive support throughout the entire process. Here's how we can help: Personalized Consultation: We offer in-depth consultations to understand your unique situation and determine the best course of action. Expert Preparation: Our attorneys will assist in gathering the necessary documentation, preparing compelling evidence of extreme hardship, and ensuring all forms are accurately completed. Ongoing Support: We provide continuous support, from filing the waiver to preparing you for the consular interview, ensuring you are well-prepared for every step. Contact Santana Residency Law today to schedule a consultation with an experienced immigration waiver attorney in Miami. Let us help you take the next step toward achieving your immigration goals. --- - Published: 2016-08-22 - Modified: 2016-08-22 - URL: https://www.srlawpa.com/immigration-appeals-attorney/ Board of Immigration Appeals Administrative Appeals Office Notice of Intent to Deny or Revoke I-290B Appeals Marriage-fraud Accusations In the event that your case or application is denied, usually you are given an option to appeal. When filing for residency with a spouse, USCIS may deny your application or send you a “Notice of Intent to Deny” because they have made an incorrect determination that your marriage was fraudulent and entered into for the sole purpose of attaining immigration benefits. These appeals and responses should be addressed with great detail and evidence in order to show that the USCIS determination is incorrect. If you have lost your case in front of an immigration judge, you are eligible to appeal to the Board of Immigration Appeals (BIA). You must file a notice of appeal within 30 days of the decision and then supplement the appeal with a legal brief. The BIA sends you a briefing schedule and transcripts to aid in the preparation of the legal arguments. --- - Published: 2016-08-22 - Modified: 2024-07-18 - URL: https://www.srlawpa.com/family-immigration-attorney/ Petitions for parents, children, spouses, and siblings Marriage-based Residency Fiancée Visas Domestic Violence-based Cases (VAWA) Child Status Protection Act (CSPA) Marriage-based Residency for Same-sex Couples Fiancée Visas for Same-Sex Couples Family Immigration Process If you are a U. S. Citizen or Lawful Permanent Resident (LPR), you are eligible to petition USCIS for some of your family members to enter the United States as residents. U. S. Citizens can petition for their spouses, children (any age and married or unmarried), parents, siblings, and fiancé(e)s. Filing for a Spouse If you are filing for a spouse, it is your burden to prove to USCIS that you have a "good faith marriage. " In other words, you must prove that your marriage was not entered into for the purposes of securing a lawful immigration status and that it is not a fraudulent marriage. You must document the legitimacy of your marriage with as much documentary proof as possible. Types of proof may include pictures together and with family, shared bank accounts and bills, letters from family and friends, and insurance together, among other things. After applying, you will likely receive an interview notice requesting you and your spouse go to USCIS together and bring "evidence" of your marriage. In Miami, this happens at the Kendall, Hialeah, or 7th Avenue Field Office. While this may seem like no big deal because your marriage is real, oftentimes couples don't know what to expect and under-prepare for these interviews. This is where family immigration attorneys in Miami can help. Filing for a Child Under the Child Status Protection Act (CSPA), if you petitioned for your minor child prior to him/her turning 21 years old but later aged out due to long processing times, he/she may still be eligible as a minor child because you may be able to "capture" some of the lost processing time. Filing for Family Members in the US If the person is inside the U. S. , it is very important to contact a family immigration attorney in Kendall, FL, and make sure they are eligible for residency before they file an application because otherwise, the person could be put into removal/ deportation proceedings. Filing for Family Members outside the US If the person is outside the U. S. , then they must undergo consular processing. During this process, several applications are prepared and filed, consular fees are paid, and supporting documents are sent to the National Visa Center (NVC). The process includes an affidavit of support where you or a co-sponsor must demonstrate to immigration that the immigrant family member will not become a financial burden in the U. S. The wait lists for each of these categories is different and changes each month. LPR's may petition for their spouses and unmarried children (regardless of age). After a petition has been approved and a visa number is available, your family member may be eligible to file for residency. Our office provides detailed lists of the types of evidence that lead to approvals. We also help you prepare for the difficult and personal questions the officer may ask. Moreover, it is your legal right to have an attorney present at your interview to protect your rights and clear up any sources of confusion. Get the help of our family immigration attorneys today! --- - Published: 2016-08-22 - Modified: 2024-07-18 - URL: https://www.srlawpa.com/citizenship-naturalization-attorney/ Representation at Interviews Waiver for the Medical Exam Waiver for the Language Exam Help with past criminal issues Request for reconsideration at a new interview Help with tax issues Determining eligibility due to extensive travel Naturalization in the US If you have been a Legal Permanent Resident for at least five years, you may be eligible to become a citizen through naturalization. There are several requirements, including: being 18 years old having continuous residence in the U. S. being able to pass a civics and history test in English Residency as Requirement for Naturalization If you have extensively traveled while you were a resident, you may have some issues when applying for naturalization. In order to be eligible for citizenship, an applicant must meet both the requirements for continuous presence and physical presence. Under the Continuous Residency requirement, an applicant must generally be a continuous resident for five years subsequent to LPR status. INA §316(a), 8 U. S. C. §1427(a)(1); 8 C. F. R. §316. 5 Residence is defined as "the same as that alien's domicile, or principal actual dwelling place, without regard to the alien's intent. " For certain applicants, only three years of continuous residency is required. This includes lawful permanent residents living with spouses in marital union. It also includes applicants who originally obtained their green cards through employment, investment, or other diversity visa lottery but then married a U. S. citizen, with the three years being counted from the date of marriage. Divorce, legal separation, death, or expatriation of the U. S. citizen spouse breaks the continuity. What if I Don’t Do Well in English? Suppose you are having problems learning English or studying for the civics portion of the citizenship exam because of physical or developmental disability or mental impairment. In that case, you want to seek the help of a citizenship and naturalization lawyer to help you become eligible for a waiver so that you can perform the exam in your native language or so that you do not have to do the exam at all. The most common reasons people get denied include having some tax issues, owing child support, having been arrested, or traveling too much. For example, being arrested even if you weren't convicted could be a reason for denial. It's very important that you consult with a citizenship and naturalization attorney in Miami BEFORE you apply to make sure you are a good candidate for naturalization. --- - Published: 2015-05-26 - Modified: 2022-02-23 - URL: https://www.srlawpa.com/contact-us/ Santana Rodriguez Law, P. A. 3663 SW 8th St #206 Miami, FL 33135 Office: (305) 916-4800 Fax: (888) 402-6786 Email: Elina@SRLawPA. com or Jonathan@SRLawPA. com Follow us at www. facebook. com/SRLawPA Contact Us Name / Nombre (required) Phone Number / Numero de Teléfono Email / Correo Electrónico (required) Message / Mensaje --- - Published: 2015-05-26 - Modified: 2024-07-25 - URL: https://www.srlawpa.com/immigration-attorney-kendall/   Reputable Immigration Lawyer Based in Miami Oprima aqui para EspañolFAMILY IMMIGRATIONPetitions for parents, children, spouses, and siblingsMarriage-based ResidencyFiancée VisasDomestic Violence-based Cases (VAWA)Child Status Protection Act (CSPA) DOMA & SAME-SEX MARRIAGEMarriage-based Residency for Same-sex CouplesFiancée Visas for Same-Sex Couples APPEALSBoard of Immigration AppealsAdministrative Appeals OfficeNotice of Intent to Deny or RevokeI-290B AppealsMarriage-fraud Accusations CITIZENSHIP / NATURALIZATIONRepresentation at InterviewsWaiver for the Medical ExamWaiver for the Language ExamHelp with past criminal issuesRequest for reconsideration at a new interviewHelp with tax issuesDetemrining eligibility due to extensive travel RESIDENCY / GREEN CARDInitial Residency applicationsRenewal of Residency245i Adjustment of StatusDomestic Violence-based Cases (VAWA) DEPORTATION DEFENSEMaster HearingsIndividual HearingsMotions to Change VenueMotions to Reopen previous OrdersStay of Deportation CONDITIONAL RESIDENCYFOIA / FILE REQUESTS DETAINED IMMIGRANTSBond Motions & HearingsParole RequestsReasonable & Credible Fear Interviews WAIVERSProvisional Waiver10-year WaiverWaiver for Crimes of Moral TurpitudeFraud Waivers DAPA ASYLUMPolitical AsylumReligious AsylumFamily-based AsylumDomestic Violence-based Asylum DEPENDENCY & SPECIAL IMMIGRANT JUVENILE VISAS CANCELLATION OF REMOVALCancellation for Non-Permanent ResidentsCancellation for Permanent Residents DACA NON-IMMIGRANT VISASTourist VisasExtensions of VisasChange of Visa CONSULAR PROCESSING HUMANITARIAN VISAS TEMPORARY PROTECTED STATUS (TPS)_____________________ For many types of processes under the Immigration Law, USCIS requires an interview in person with an officer. Interviews are most commonly scheduled for residency applications (1-485), family petitions (1-130), removal of conditions (1-751), and citizenship/naturalization applications (N-400). The USCIS office we most commonly accompany clients to is the Kendall Field Office. The USCIS Kendall Field Office is located at 14675 SW 120th Street, Miami, FL 33186. We also regularly accompany clients to the Miami Field Office, the Hialeah Field Office, the Oakland Park Field Office, and the West Palm Beach Field Office. When your case is set for an interview, a notice will come in the mail letting you know exactly what date and time you should be at USCIS. Even though the field offices are open from 7am-3:30pm, most interviews are set between 7am-1pm. The officers will not see you at any time other than your scheduled time and you will have to wait to check-in if you arrive more than 15 minutes before your scheduled appointment time. Our office always recommends having an attorney accompany you to your interview. You have the right to have an attorney present, even if you didn't hire an attorney to file your forms from the beginning. There are many advantages to bringing an attorney with you. First, the officers are less likely to be hostile. If the officer asks a question the applicant doesn't understand because it is immigration "lingo," the attorney is there to step in and make sure your answers are legally correct. Second, if something goes wrong in the process or interview, the attorney can help explain on your behalf or can request to speak to a supervisor, if needed. Third, if the case is denied and/or appealed, having an attorney at your interview allows for a third party confirmation of what happened and how the interview was conducted. Fourth, the attorney should and will prepare you ahead of time for the tough questions that may come up in your particular case (such as explaining time spent unlawfully, multiple marriages/divorces, or an marriage right after an entry into the US as a tourist). This preparation can be invaluable to the success of your case. Here are some IMPORTANT TIPS to keep in mind for your USCIS Interview in Kendall, or any other field office. If you are interested in having an attorney accompany you to your USCIS interview, please contact our office for a consultation at (305) 916-4800.   --- - Published: 2015-05-26 - Modified: 2018-12-28 - URL: https://www.srlawpa.com/practice-areas-inmigracion/ Click here for English INMIGRACIÓN FAMILIAR Peticiones para padres, hijos, cónyuges y hermanos Residencia basada en el matrimonio Visas fiancé (prometido) o fiancee (prometida) Los casos basados en la violencia doméstica en el hogar (VAWA) Ley de protección del estado de los niños (CSPA) “DOMA” & EL MATRIMONIO DEL MISMO SEXO Residencia basada en el matrimonio de parejas del mismo sexo Visas fiancé (prometido) o fiancee (prometida) para parejas del mismo sexo APELACIONES Junta de Apelaciones de Inmigración (BIA) Oficina de Apelaciones Administrativas (AAO) Notificación de la intención de negar o revocar (NOIR) I-290B Apelaciones Acusaciones de matrimonio fraudulento CIUDADANÍA / NATURALIZACION Representación en entrevistas Excepción para el examen médico Excepción para el examen de lenguaje Ayuda con asuntos penales pasados Solicitud de reconsideración a una nueva entrevista Ayuda con preguntas fiscales o sobre impuestos La determinación de la elegibilidad debido a viajes largos RESIDENCIA / TARJETA VERDE Solicitudes de residencia iniciales Renovación de residencia 245i Ajuste de estado Los casos basados en la violencia en el hogar (VAWA) DEFENSA DE DEPORTACIÓN Audiencias máster Audiencias individuales Las mociones para cambio de jurisdicción Mociones para reabrir órdenes de deportación anteriores Suspensión de la deportación RESIDENCIA CONDICIONAL FOIA / BUSQUEDA DE ARCHIVOS INMIGRANTES DETENIDOS Mociones para Fianzas y Audiencias Las solicitudes de libertad condicional Entrevistas de miedo razonables y creíble PERDONES Perdón provisional Perdón de 10 años Perdón por delitos de mal carácter moral Perdón por fraude previamente cometido DAPA ASILO Asilo político Asilo religioso Asilo basado en la familia Asilo basado en la violencia doméstica VISAS JUEVNILES ESPECIALES Y DEPENDENCIA CANCELACIÓN DE EXPULSIÓN Cancelación de residentes no permanentes Cancelación para residentes permanentes DACA VISAS TEMPORALES Visas de Turismo Extensiones de Visas Cambio de Visa PROCESO CONSULAR VISAS HUMANITARIAS ESTATUS DE PROTECCIÓN TEMPORAL (TPS) _________________________________________________________ Para muchos tipos de procesos de inmigración, USCIS requiere una entrevista en persona con un oficial. Las entrevistas se programan con mayor frecuencia para las solicitudes de residencia (I-485), peticiones familiares (I-130), eliminación de condiciones (I-751), y ciudadanía/solicitudes de naturalización (N-400). La oficina de USCIS a la que comúnmente acompañamos a los clientes es la oficina de Kendall. La oficina de USCIS de Kendall está situada en 14675 SW 120th Street, Miami, FL 33186. También acompañamos a clientes a entrevistas/citas en las oficinas de Miami, Hialeah, Oakland Park, y West Palm Beach con frecuencia. Cuando su caso se establece para una entrevista, recibirá un aviso en el correo que le permite saber exactamente a qué fecha y hora debe estar en la oficina. A pesar de que la oficina de Kendall está abierta de 7:00am a 3:30pm, la mayoría de las entrevistas se establecen entre 7:00am y 1:00pm. Los oficiales no lo verán en ningún otro momento que no sea su hora programada y si llega mas de 15 minutos antes de la cita, tendrá que esperar. Nuestra oficina siempre recomienda tener un abogado que lo acompañe a su entrevista. Usted tiene el derecho a tener un abogado presente, incluso si usted no había contratado a un abogado desde el principio de su caso. Hay muchas ventajas de traer un abogado con usted. En primer lugar, los agentes tienen menos probabilidades de ser hostil. Si el oficial hace una pregunta que el solicitante no entiende porque es en "jerga" de inmigración, el abogado está ahí para asegurarse de que entienda y asegurarse que sus respuestas son jurídicamente correctas. En segundo lugar, si algo va mal en el proceso o entrevista, el abogado puede intervenir y puede solicitar hablar con un supervisor, si es necesario. Tercero, si el caso es negado y/o apelado, tener un abogado en su entrevista permite la confirmación de una tercera parte de lo que pasó y cómo se llevó a cabo la entrevista. En cuarto lugar, el abogado debe y le preparará antes de tiempo para las preguntas difíciles que puedan surgir en su caso particular (por ejemplo, si tiene tiempo viviendo ilegalmente, si tiene múltiples matrimonios, o si se casó poco después de haber entrado al país como turista). Esta preparación puede ser muy valiosa para el éxito de su caso. Aquí Encuentre Consejos importantes para tener en cuenta a la hora de su Entrevista de USCIS en Kendall, o en cualquier otra oficina de USCIS. Si usted está interesado en tener un abogado que lo acompañe a su entrevista en USCIS, por favor, póngase en contacto con nuestra oficina para una consulta al (305) 916-4800. --- - Published: 2015-05-26 - Modified: 2024-12-06 - URL: https://www.srlawpa.com/attorney-profiles/elina-santana-esp/ Elina Magaly Santana, Esq. es accionista y co-fundadora de Santana Residency Law, P. A. Está acreditada en el estado de la Florida, en el Distrito Sur de la Florida de la Corte Federal de Distrito, y en el Onceno Circuito de la Corte de Apelaciones. AREAS DE PRACTICA La abogada Santana es la abogada principal de la firma en lo relativo a cuestiones de Inmigración. Enfoca su práctica en la representación de clientes extranjeros en peticiones afirmativas con el Servicio de Inmigración y Extranjería de los Estados Unidos ("USCIS"), así como a proporcionar representación directa en las entrevistas y en los procedimientos de deportación ante los tribunales de inmigración de los Estados Unidos. Ella se encarga de casos de Ajuste de Estatus (Residencia) basados en peticiones por matrimonio o familiares, Naturalización, Ciudadania derivada o adquerida, Defensa de Deportación (incluidos el asilo, cancelación de deportación, y perdones), y apelaciones para casos previamente denegados. La abogada Santana también ha representado a muchos clientes detenidos en procedimientos de fianza y entrevistas del miedo creíble. Adicionalmente, la abogada Santana ha argumentado con éxito Paros de Deportación para clientes con razones humanitarias por qué no pueden regresar a sus países. La abogada Santana se dedica a la representación de la comunidad de inmigrantes por todo el país y a menudo viaja en los casos de sus clientes. Ha representado a clientes en cortes en todo el país, incluyendo Miami, FL; Orlando, FL; Hartford, CT; Nueva York, NY; Buffalo, NY; Charlotte, NC; San Antonio, TX; Harlingen, TX; Atlanta, GA; Cleveland, OH; San Francisco, CA; Newark, NJ; Philadelphia, PA; Tacoma, WA; y Kansas City, MO, entre otros. EDUCACION La abogada Santana obtuvo su título de leyes en la Escuela de Derecho de la Universidad de Boston, donde se desempeñó como editora para la Revista de Leyes de Intereses Públicos. Obtuvo su licenciatura en Sociología y Literatura Española en la Universidad de Nueva York con altos honores. Habla con fluidez en Inglés y en Español y le encanta viajar por todo el mundo. La abogada Santana también tuvo el honor de servir como pasante judicial en la Corte Federal de Distrito para el Distrito Sur de Florida bajo la supervisión del Honorable William C. Turnoff en Miami, Florida. PARTICIPACION EN LA COMUNIDAD La abogada Santana realiza trabajo voluntario en la comunidad local del Sur de la Florida, al aceptar casos pro bono a través de varias organizaciones locales. También se ha ofrecido previamente con el Proyecto del Sur de Texas para Representación de Asilo Pro Bono ("ProBAR") en Harlingen, Texas, donde trabajó con los niños detenidos y maltratados que buscan visas de Emigrante Especial Juvenil. ORGANIZACIONES PROFESIONALES La abogada Santana es actualmente la segunda vicepresidenta de la Asociación Americana de Abogados de Inmigración ("AILA") en el sur de la Florida. Es miembra activa de BNI y de Florida Lawyer's Network ("FLN"). También es miembro Trustee de la Cámara de Comercio de Coral Gables, de la Asociación Nacional de Dueñas de Negocios (“NAWBO”), de la Cámara de Comercio Gay y Lesbiana, de la Asociación Cubana Americana de Abogados (“CABA”), y la Cámara de Comercio de Mujeres (“WCC”). NACIONALIDAD La abogada Santana es ciudadana estadounidense nacida en Miami, Florida. Es hija de inmigrantes cubanos que viajaron a Estados Unidos en los 1960s. Como tal, su conexión personal con la difícil situación de las familias de inmigrantes es de carácter personal. Ha vivido anteriormente en Nueva York, Boston, y brevemente en Madrid, España. --- - Published: 2015-05-26 - Modified: 2015-08-11 - URL: https://www.srlawpa.com/practice-areas/real-estate/ Our office focuses on various types of real estate transactions, including residential sales and leasing matters, as well as serving as a title and closing agent for real estate purchases and refinancing. Having over 10 years of real estate sales and leasing experience, we review offers and contracts with our clients to ensure that they understand them and that their rights and obligations are clearly delineated. We work with our clients on every aspect of a real estate transaction for which consultation is needed, starting from preliminary negotiations through contract creation and execution through closing and post-closing matters. Our support structure includes, but is not limited to: reviewing title for liens recorded violations defects covenants easements preparing, processing, and recording any necessary legal documents, including deeds, given our clear understanding of the different forms of property ownership available to clients providing title insurance assisting in, and providing a venue for, closings of transactions For more information, please do not hesitate to send us an email. We look forward to serving your needs.   --- - Published: 2015-05-26 - Modified: 2024-11-25 - URL: https://www.srlawpa.com/attorney-profiles/attorney-profile-elina-santana/ Oprima aqui para Español Elina Magaly Santana, Esq. is a Shareholder and Co-founder of Santana Residency Law, P. A. She is licensed in the state of Florida, the U. S. District Court Southern District of Florida, and the U. S. Court of Appeals for the Eleventh Circuit. PRACTICE AREA Attorney Santana is the firm’s lead Immigration Law Practitioner. She focuses her practice on representing foreign clients in affirmative petitions with U. S. Citizenship & Immigration Services (“USCIS”), as well as providing direct representation at interviews and in deportation proceedings before the U. S. Immigration Courts. She handles Family-based and Marriage-based Residency, Naturalization, Acquired and Derivative Citizenship, Deportation Defense (including Asylum, Cancellation of Removal, and Waivers), and Appeals for previously denied cases. Attorney Santana has also represented many detained clients in bond proceedings and reasonable/credible fear interviews. Furthermore, Attorney Santana has successfully argued for Stays of Deportation for clients with humanitarian reasons why they cannot return to their countries. She is dedicated to representing the immigrant community nationwide and travels often for her clients’ cases. She has represented clients in courts nationwide, including Miami, FL; Orlando, FL; Hartford, CT; New York, NY; Buffalo, NY; Charlotte, NC; San Antonio, TX; Harlingen, TX; Atlanta, GA; Cleveland, OH; San Francisco, CA; Newark, NJ; Philadelphia, PA; Tacoma, WA; and Kansas City, MO, among others. EDUCATION Attorney Santana earned her Juris Doctor from Boston University School of Law, where she served as an editor for the Public Interest Law Journal. She earned her Bachelor's degree in both Sociology and Spanish Literature at New York University with high honors. She is fluent in English and Spanish and loves to travel throughout the world. Attorney Santana also had the honor of serving as a judicial intern at the U. S. District Court for the Southern District of Florida under the supervision of the Honorable William C. Turnoff in Miami, Florida. PROFESSIONAL ORGANIZATIONS Attorney Santana is the past Chair of the American Immigration Lawyers Association (“AILA”) South Florida Chapter. She also serves on AILA national’s USCIS case assistance committee, annual conference planning committee, distance learning committee, and the AI conference committee. Elina is a Board Member for Capital Good Fund, one of the administrators of the wildly popular “Nerdy Immigration Lawyers" Facebook group, and manages 20+ immigration specific NIL WhatsApp mentoring groups containing thousands of attorneys nationwide. Elina frequently speaks at conferences on substantive areas of immigration law and teaches trial skills at several events nationwide. NATIONALITY Attorney Santana is a U. S. Citizen born in Miami, Florida. She is the child of Cuban Immigrants who immigrated in the 1960s. As such, her personal connection to the plight of immigrant families is a personal one. She previously lived in New York, New York, Boston, Massachusetts, and briefly in Madrid, Spain. --- - Published: 2015-05-26 - Modified: 2024-12-06 - URL: https://www.srlawpa.com/attorney-profiles/jonathan-rodriguez/ Jonathan J. Rodriguez, Esq. is a Shareholder and Co-Founder of Santana Residency Law, P. A. He is licensed in the state of Florida, the U. S. District Court for the Southern District of Florida, and the U. S. Court of Appeals for the Eleventh Circuit. PRACTICE AREAS Jonathan is the firm’s lead commercial law and real estate practitioner. He focuses his practice on representing clients in a wide range of general business matters, including business formations, transactions, and litigation. Among other things, Jonathan has represented clients in matters involving contract disputes, real estate sale, purchase, and lease transactions, business and intentional torts, negligence, and fraud. EDUCATION Jonathan graduated cum laude with his Juris Doctor from the University of Florida College of Law, during which, he - Served as a member of three (3) law journals, including the Florida Law Review, Florida Journal of International Law, and Florida Journal of Technology Law and Policy;- Obtained honors in Legal Research and Writing and Appellate Advocacy; and - Received the “book award” (honors) in the course of Florida Condominiums, Cooperatives, and Planned Developments. Jonathan further graduated magna cum laude with his Bachelor's degree in Economics and a minor in Business at Florida International University. There, he received additional awards for outstanding academic achievement in Economics. He is fluent in English and proficient in Spanish. PROFESSIONAL EXPERIENCE Jonathan formerly worked as an attorney for the international law firm of Greenberg Traurig, P. A. , where he represented businesses and banks in commercial litigation involving complex transactions and torts. There, he had the following significant and successful representations: Defended international bank and broker-dealer against US$50 million compensatory and punitive damages claims, alleging fraud, negligence, and breach of fiduciary duty in connection with certain investment recommendations pertaining to Bernard L. Madoff Investment Securities, LLC, all of which were dismissed. Defended a mega software company against compensatory and punitive damages claims, alleging fraud, unjust enrichment, and violations of the Racketeer Influenced and Corrupt Organizations Act (“RICO”) in connection with software license matters in Guatemala, all of which were dismissed on grounds of forum non conveniens. Defended international bank against million dollar-plus claims, alleging breach of contract, tortious interference, and conversion in connection with the alleged restriction of funds in a Mexican company’s investment accounts, all of which, after a bench trial, were dismissed with a final judgment in favor of the bank. Represented investment fund plaintiff in breach of contract action based on loans and guarantees made for over US$70 million for which a final consent judgment was obtained in favor of plaintiff, and defended same against various counterclaims and over twenty-five (25) affirmative defenses, all of which were dismissed and resolved by final consent judgment in favor of plaintiff. Defended international bank against multi-million dollar claims, alleging breach of contract, breach of fiduciary duty, and various fraud claims in connection with certain pledge agreements, collateralized loans, and investment recommendations, all of which were dismissed. Defended international bank against claims involving the Florida Securities Investor Protection Act, negligence, and breach of fiduciary duty in connection with certain alleged unauthorized transactions in a Switzerland personal investment company’s account, all of which were resolved by final judgment in favor of the bank. Jonathan also had the honor of serving as a judicial law clerk for the Honorable Dorian K. Damoorgian at the Florida Fourth District Court of Appeal, as well as a judicial intern for the Honorable Angel A. Cortinas at the Florida Third District Court of Appeal. Jonathan’s additional legal and business experience includes the following: Law clerk/contract attorney for the law firm of Broad & Cassel; Law clerk for the University of Florida Office of the General Counsel; Judicial extern for the Trial Court Staff Attorney’s Office for the Eighth Judicial Circuit; and Licensed Real Estate Broker for over ten (10) years, during which, he became a multi-million dollar producer and originated and consulted on numerous real estate sales, purchase, and lease transactions. --- --- ## Posts - Published: 2025-08-30 - Modified: 2025-08-30 - URL: https://www.srlawpa.com/johnny-law-vs-celebrities-who-won/ - Categories: Uncategorized Celebrities often seem untouchable, living lives of red carpets, private jets, and VIP treatment. But when it comes to the law, especially across international borders, fame doesn’t always open doors. In fact, sometimes it does the opposite. Take Ronaldinho, the Brazilian soccer legend, who shocked fans in 2020 when he was arrested in Paraguay for attempting to enter the country with a fake passport. Despite his global fame, the incident landed him in detention and dominated headlines for weeks. His stardom didn’t grant him immunity, and if anything, it made his misstep all the more public. Lady Gaga once had a run-in with Japanese customs officials over prescription medication she brought into the country without proper paperwork. Even though the medicine was legally prescribed, Japan’s strict regulations meant that what seemed harmless to her could have had serious consequences. And then there’s Robert Downey Jr. , who, despite his superstar status, was denied entry into the U. K. for years due to past drug convictions. No amount of Marvel-level fame could bypass the country’s immigration rules. These stories may be entertaining, but they highlight a bigger truth: laws apply to everyone. Immigration controls, criminal statutes, and regulations don’t bend for celebrity status. If anything, the spotlight makes enforcement even stricter since governments don’t want to appear like they’re giving special treatment. For the rest of us, it’s a reminder that crossing borders or dealing with legal systems isn’t just about who you are; it’s about respecting the rules of the place you’re in. After all, the law doesn’t care how many fans you have on Instagram. --- - Published: 2025-08-12 - Modified: 2025-08-12 - URL: https://www.srlawpa.com/how-a-local-asylum-lawyer-can-help-protect-your-future/ - Categories: Immigration Navigating the complexities of asylum law can be an overwhelming and daunting task for many individuals seeking refuge in the United States. The process requires a thorough understanding of legal intricacies, which is why having the guidance of a knowledgeable local asylum lawyer can be invaluable. Such professionals not only offer legal representation but also provide reassurance and advocacy to protect both your immediate needs and your future aspirations. Experienced Legal Knowledge and Representation A local asylum lawyer is well-versed in the intricacies of immigration law and stays updated with any changes that may affect your case. As immigration law is constantly evolving, the expertise of a local lawyer ensures that your case is handled in the most up-to-date and efficient manner. Their knowledge allows them to anticipate potential obstacles and challenges that may arise throughout the process, providing you with a strategic advantage. Moreover, they ensure that all necessary documentation is accurate and submitted on time, which is crucial in a system where even minor errors can have major consequences. With their deep understanding of both national and local laws, a local asylum lawyer can offer tailored legal services that maximize your chances of success. According to Pew Research, 14. 3% of the U. S. population is made up of immigrants, which highlights the increasing need for specialized legal assistance to help individuals navigate the asylum process. Tailored Legal Advice for Your Unique Situation Beyond the paperwork, a local asylum lawyer offers personalized legal advice specific to your unique circumstances. Each asylum case is different, and what works for one individual may not work for another. A lawyer will carefully assess your situation and tailor their advice accordingly, taking into consideration your background, the conditions you're fleeing from, and the available evidence. This personalized approach is critical because it allows your lawyer to devise a strategy that maximizes your chances of being granted asylum. They'll guide you through each stage of the process, explaining your rights and options in detail. Their support can be the key difference between a successful asylum claim and a denied one. The lawyer’s ability to present your case in the most compelling manner increases the likelihood of a favorable outcome, which can ultimately change your life and future in the United States. Guidance and Advocacy During Hearings and Interviews A local asylum lawyer is not only a legal advisor but also an advocate who stands by your side during interviews and hearings, ensuring your voice is heard and understood. These interviews and hearings are crucial to the success of your asylum claim, as they provide an opportunity for the authorities to assess the credibility of your case. A skilled lawyer will prepare you for these critical moments, helping you to present your case clearly and confidently. They'll also handle any questions or challenges raised by the immigration officials, providing reassurance and support throughout the process. The emotional toll of these proceedings can be significant, but with a local lawyer by your side, you can be confident that your case is being represented to its fullest potential. By providing emotional support and guidance, your lawyer can alleviate the stress associated with the asylum process, giving you the peace of mind to focus on rebuilding your life. Securing the services of a local asylum lawyer is not just about navigating the legal system; it’s about safeguarding your future. By ensuring meticulous preparation, offering tailored advice, and providing unwavering support, these legal professionals play a pivotal role in helping you achieve a successful outcome. Get in touch with our team at Santana Residency Law, P. A today to learn more. --- - Published: 2025-08-11 - Modified: 2025-08-11 - URL: https://www.srlawpa.com/what-to-expect-throughout-the-process-of-working-with-a-citizenship-lawyer/ - Categories: Immigration Navigating the complexities of U. S. citizenship law can be overwhelming, and many find it beneficial to enlist the help of a citizenship lawyer. Whether you're dealing with nuances of immigration forms or need representation in court, a skilled lawyer can provide the expertise and guidance necessary to facilitate the naturalization process. If you're wondering what exactly to expect when working with a citizenship lawyer, this overview will give you some valuable insights. Assessment and Review First and foremost, when you hire a citizenship lawyer, you can expect a thorough assessment of your current situation. The lawyer will review your documents, understand your unique circumstances, and provide informed advice on the most effective path toward obtaining citizenship. With the number of intricacies involved in immigration law, having a professional to deeply analyze your case can provide an extra layer of security and confidence. Moreover, with 2,402 immigration lawyers in Florida alone, according to Avvo, finding specialized expertise locally is easier than you might think. Clear and Ongoing Communication In addition, clear communication is a core aspect of working with a citizenship lawyer. A good lawyer will keep you informed throughout the process, ensuring you understand each step and any obstacles that may arise. This includes explaining legal terms and procedures in a manner that makes sense to a layperson so you can make informed decisions. Consistent updates on your case's progress contribute to alleviating anxiety and making the path to citizenship less daunting. Support, Strategy, and Peace of Mind Lastly, a citizenship lawyer provides more than just legal advice—they offer peace of mind. With their expertise, they can anticipate potential challenges and provide proactive solutions, saving you both time and potential setbacks. This foresight not only expedites your case but also allows you to focus on preparing for a future in the United States with less stress. Working with a professional who is familiar with the procedural nuances and who has your best interests at heart can be a critical asset on your immigration journey. Help With Gathering and Submitting Documentation Another important way a citizenship lawyer assists clients is by helping them compile and organize necessary documentation. From permanent resident cards to tax records, travel history, and marriage certificates, the naturalization process requires accurate and complete paperwork. A lawyer will guide you on what documents are needed and how to present them properly, reducing the risk of delays or denials due to errors or missing information. This level of support streamlines the process and keeps your application on track. Working with a citizenship lawyer brings numerous benefits, from offering strategic legal advice to providing emotional reassurance. Whether you're just starting the process or facing challenging hurdles, an experienced lawyer can act as a guide, helping you navigate the complex waters of citizenship law. The investment in qualified, professional assistance can make a significant difference, bringing you one step closer to realizing your dream of becoming a U. S. citizen. If you've been searching for a citizenship lawyer, you're in the right place. Santana Residency Law, P. A. can help you. Reach out today to learn more about the citizenship process. --- - Published: 2025-08-05 - Modified: 2025-08-19 - URL: https://www.srlawpa.com/attorney-elina-m-santana-earns-coveted-spot-on-the-2025-super-lawyers-list/ - Categories: Immigration We're thrilled to announce that Attorney Elina M. Santana, co-founder of Santana Residency Law, P. A. in Miami, has been selected to the 2025 Super Lawyers roster for Immigration Law. This honor follows eight consecutive years on the Super Lawyers Rising Stars list, marking her transition from a rising talent to one of Florida's top five percent of practicing attorneys. What Being Named a Super Lawyer Means Super Lawyers is more than just a title; it's an objective rating service that recognizes attorneys who have attained high peer recognition and professional achievement. The patented, multi-step selection process evaluates independent research, peer nominations, and peer evaluations, ultimately spotlighting the attorneys clients and colleagues trust most. Earning a place on this list places Attorney Santana among an elite group whose dedication, skill, and integrity set the benchmark for legal excellence. Attorney Santana's Journey to Excellence Attorney Santana graduated from Boston University School of Law in 2009 and has practiced exclusively in immigration law ever since. Fluent in both English and Spanish, she serves Miami's diverse community by guiding families, entrepreneurs, and professionals through the often daunting U. S. immigration landscape. Over the past 15 years, she's built a reputation for compassionate counsel, meticulous case preparation, and tenacious courtroom advocacy-qualities that earned her first Rising Star accolade in 2017 and, now, full Super Lawyer status in 2025. Championing Immigrant Rights in South Florida From family-based petitions to complex removal-defense litigation, Attorney Santana has handled hundreds of cases with an impressive success rate. Clients frequently commend her for combining strategic thinking with genuine empathy-an approach that turns an overwhelming process into a clear, step-by-step path toward legal status. Her work doesn't stop at the courthouse doors; she volunteers with local nonprofit organizations, delivers "Know Your Rights" seminars, and mentors young lawyers eager to enter the immigration field. How This Recognition Benefits Clients For individuals and businesses seeking immigration counsel, Attorney Santana's Super Lawyers selection is more than a badge-it's a promise of quality. Super Lawyers' rigorous vetting assures prospective clients that they're placing their future in capable hands. Whether your goal is to secure a family-based green card, obtain an employment visa, or defend against deportation, you can be confident that Attorney Santana's strategies have been refined and endorsed by peers who know excellence when they see it. Inside the Super Lawyers Selection Process Each year, Super Lawyers evaluates candidates on 12 indicators, including verdicts and settlements, scholarly writings, pro bono work, and community service. Only the top 5% of attorneys in each state appear on the final list. That means Attorney Santana's selection is no accident; it's the culmination of years spent mastering immigration law, serving clients ethically, and contributing to the broader legal community. Connect With Attorney Elina Santana Today If you or someone you care about needs strategic, compassionate immigration help, reach out to Santana Residency Law, P. A. You can schedule a consultation by calling (305) 916-4800 or visiting SRLawPA. com. Congratulations again to Attorney Elina M. Santana on her well-deserved Super Lawyers selection. Elina M. SantanaRated by Super Lawyersloading ... --- - Published: 2025-07-25 - Modified: 2025-07-25 - URL: https://www.srlawpa.com/you-be-the-judge-approve-or-deny/ - Categories: Uncategorized Every year, thousands of people go through life-changing interviews with USCIS officers. These moments can decide whether someone receives a green card, becomes a U. S. citizen, or is allowed to stay in the country. While there are clear guidelines, much of the decision-making process relies on one thing: the officer’s judgment. Now it’s your turn. Imagine you’re the USCIS officer. Would you approve or deny these real-world cases? Case 1: The Awkward Couple – Green Card Interview Gone Sideways Scenario: Jorge, a U. S. citizen, marries Lien, who came to the U. S. on a student visa. They live together, have joint finances, and filed their taxes together. But during their marriage-based green card interview, they can’t agree on how they met or remember their anniversary. They seem nervous — but not suspicious. Approve or Deny? Case 2: The Shoplifting Slip – Does One Mistake Define You? Scenario: Maya, a longtime DACA recipient, has lived in the U. S. since she was three. She works full-time, graduated high school, and has a clean record — except for a shoplifting citation at 17. She paid the fine and hasn’t had any legal trouble since. A bad teen decision, but she’s moved on. Approve or Deny? Case 3: The Tax Trouble – Can Transparency Save You? Scenario: Tariq applies for U. S. citizenship. He passes the naturalization test, speaks fluent English, and has been a lawful permanent resident for years. But one year, while unemployed, he didn’t file taxes on time. He later filed and paid in full before applying. He’s honest and brings proof. Approve or Deny? Case 4: The Instagram Model – A Social Media Trap? Scenario: Elena is visiting the U. S. on a B-2 tourist visa and applies to extend her stay. USCIS officers find her public Instagram, where she promotes beauty brands, tags sponsors, and shares affiliate codes. On her application, she claims she hasn’t worked in the U. S. But the content looks like paid promotion. Approve or Deny? Answers: Real Outcome 1: Approved. Officers expect some anxiety during interviews. Strong supporting evidence like shared leases, photos, and financial documents often outweigh small inconsistencies. Real Outcome 2: Approved. One minor juvenile offense usually isn’t a deal-breaker. USCIS looks at the whole picture, especially signs of rehabilitation and good moral character. Real Outcome 3: Approved. USCIS values honesty and responsibility. Voluntarily fixing past mistakes — especially with taxes — shows good moral character. Real Outcome 4: Denied. Even if Elena didn’t see it as a job, sponsored social media activity can be considered unauthorized work — a violation of visa conditions. Yes, USCIS officers absolutely check social platforms. Final Thoughts: What Would You Decide? Whether it’s a green card marriage interview, a citizenship application, or a visa extension request, USCIS officers are trained to assess more than just paperwork. They look at credibility, consistency, and intent. One small mistake might not ruin a case, but dishonesty or even a misunderstood social media post can. Pro Tip: Prepare Like a Pro That’s why legal guidance matters. If you’re applying for a benefit through USCIS, don’t guess! Get expert help to present your strongest case. Need a second opinion before your interview? Let Santana Residency Law review your case the way a USCIS officer would. --- - Published: 2025-07-15 - Modified: 2025-07-15 - URL: https://www.srlawpa.com/how-to-overcome-visa-denials/ - Categories: Immigration Facing a visa denial can be a disheartening experience, especially when you have meticulously planned your move or travel. Understanding why a visa application was denied and learning how to address these issues with the help of a top immigration lawyer can help turn the situation around. This blog post is designed to provide a roadmap to managing the challenges of visa applications and overcoming potential denials, allowing you the opportunity to pursue your dreams abroad. Understand Why Your Visa Was Denied The first step in overcoming a visa denial is understanding the reasoning behind it. Visa denials often occur due to incomplete applications, missing documentation, or failure to demonstrate sufficient ties to your home country. Other reasons may include prior immigration violations, inconsistencies in your application, or failure to meet specific eligibility criteria. Once you receive a rejection, carefully review the reasons listed and ensure you comprehend the requirements outlined by the embassy or consulate. By addressing these specific issues with the assistance of a top immigration lawyer, you can substantially strengthen your re-application and avoid repeating the same mistakes. Seek Skilled Immigration Guidance Seeking professional counsel can be invaluable during this process. Immigration lawyers have the experience needed to guide you through immigration laws, clarify confusing requirements, and identify the strongest path forward. There is an increasing volume of successful immigrants, as 2. 8 million people immigrated to the U. S. between 2023 and 2024, according to the U. S. Census Bureau. This statistic highlights that many applicants have found success with experienced assistance. These professionals can help you prepare additional documentation, revise your statements, and anticipate common pitfalls that lead to denial. Their insight can be critical in presenting a stronger, clearer application. Organize and Strengthen Your Documentation One of the most effective ways to reduce the chances of another denial is to ensure your paperwork is complete, well-organized, and aligned with the application’s expectations. A top immigration lawyer will double-check your forms for errors, verify consistency across all documents, and include any supplementary materials that support your case. These might include bank statements, proof of employment or enrollment, letters of invitation, and detailed travel plans. A properly documented and structured application not only satisfies the requirements but also demonstrates that you are serious, prepared, and eligible for the visa you're requesting. Take Time Before Reapplying While it’s natural to want to reapply quickly, taking the time to thoroughly prepare can make a substantial difference. Rushing another application without addressing the initial denial reasons may result in another rejection. Use this time to review any weaknesses in your case, seek professional feedback, and gather any additional materials that might strengthen your submission. Patience and preparation are key factors that can lead to future success. Experiencing a visa denial does not spell the end of your journey. By seeking knowledgeable advice from a top immigration lawyer, you improve your odds significantly. For those in the Miami-Dade community, get in touch with our team at Santana Residency Law, P. A today to get started with our reliable legal services. --- - Published: 2025-07-14 - Modified: 2025-07-18 - URL: https://www.srlawpa.com/attorney-elina-santana-elected-to-aila-board-of-governors/ - Categories: Immigration Attorney Elina Santana Elected to AILA Board of Governors — A New Chapter of Leadership and Advocacy for a Local Immigration Lawyer At Santana Residency Law, we’re proud to share some incredible news: our very own Attorney Elina Santana has been elected to the American Immigration Lawyers Association (AILA) Board of Governors as an Elected Director. As a local immigration lawyer, this is not just a personal achievement—it’s a powerful milestone for our clients, our team, and the broader immigrant community we serve. The AILA Board of Governors plays a pivotal role in shaping immigration law and policy on a national level. Being elected to this board is a tremendous honor, reserved for leaders who have demonstrated unwavering dedication, expertise, and a commitment to justice. Attorney Santana’s new role affirms her deep-rooted passion for immigration law and her steadfast advocacy for immigrant families across the United States. What This Means for Our Clients Elina Santana’s election to the AILA Board isn’t just a recognition of her work—it’s an opportunity. Her voice as a local immigration lawyer will now contribute to national conversations that directly impact immigration reform, legal access, and the lives of countless families seeking better futures in the U. S. For our clients, this means: - Stronger advocacy: Our firm is connected to national leadership and can stay ahead of critical changes in immigration law. - Elevated trust: Clients can feel confident knowing their immigration attorney is respected at the highest levels of her field. - Deeper insight: With a front-row seat to policy shifts, our legal strategies remain proactive, not reactive. A Win for the Santana Residency Law Team Attorney Santana’s leadership inspires every member of our team. Her election brings fresh energy, a national perspective, and a renewed commitment to our core mission—helping families thrive through compassionate, expert legal representation. As we celebrate this milestone, we thank our community for the continued trust you place in Santana Residency Law. We invite you to join us in congratulating Attorney Elina Santana on this remarkable achievement. Reach out to Santana Residency Law, P. A. to learn more about how our local immigration attorneys can help you. We always look forward to hearing from you and learning more about what we can do to assist you in your immigration journey. --- - Published: 2025-07-01 - Modified: 2025-07-01 - URL: https://www.srlawpa.com/understanding-the-different-types-of-u-s-visas/ - Categories: Immigration Navigating the U. S. visa system can be a complex and daunting task, especially given the numerous types of visas available. Each visa serves a different purpose and is aimed at specific populations, from tourists and students to skilled workers and immigrants seeking permanent residency or temporary work permits. To successfully navigate the system and avoid costly delays or denials, it's important to understand the categories and functions of these various visas. Below, we provide an overview of some of the most common U. S. visa types and what each is designed to achieve. Establishing Roots: Immigrant Visas On the other hand, immigrant visas are for those who intend to reside permanently in the United States. These include family-based visas like the IR1 and CR1 for spouses of U. S. citizens, as well as employment-based visas. According to the Pew Research Center, immigrants accounted for 14. 3% of the U. S. population as of 2024. This underscores the significant role permanent immigration plays in U. S. demographic dynamics, driven by diverse geographical origins and professional backgrounds. Immigration law firms are instrumental in assisting applicants through these complex pathways, particularly in cases involving family reunification or employer sponsorship. Embracing Diversity: The Visa Lottery Another interesting category is the Diversity Visa Lottery, which seeks to increase the varied immigrant intake by randomly selecting individuals from countries with historically low rates of immigration to the U. S. This initiative provides 55,000 visas annually, promoting cultural diversity and opportunities for those from underrepresented regions. While the lottery offers a unique path to immigrate, it is highly competitive and subject to stringent eligibility requirements. Applicants are encouraged to consult with immigration law firms to avoid technical errors that could disqualify them from consideration. Making the Right Choice: Why It Matters Understanding the different types of U. S. visas is crucial for anyone considering a journey to America, whether for temporary travel or permanent residence. The visa you choose will significantly impact your ability to enter the U. S. and engage in the activities you intend. Proper research and professional advice are recommended to navigate this complex system efficiently and effectively. Immigration law firms play a vital role in helping applicants evaluate their eligibility, complete documentation, and avoid legal pitfalls. Make sure you thoroughly explore all your options to ensure a smooth application process. For expert guidance and personalized legal support, reach out to Santana Residency Law, P. A. and take the next step toward your U. S. immigration goals with confidence. --- - Published: 2025-06-12 - Modified: 2025-06-17 - URL: https://www.srlawpa.com/what-to-expect-at-your-first-meeting-with-a-family-immigration-lawyer/ - Categories: Immigration Meeting with a family immigration attorney for the first time can be a daunting experience, especially given the complexities and personal implications of immigration law. However, understanding what to expect can ease your nerves and help you make the most of the initial consultation. From gathering essential documents to discussing possible legal pathways, this meeting is a crucial first step in navigating your immigration journey. Exploring Immigration Options and Legal Pathways One of the primary objectives of the first meeting is to gather crucial information regarding your family's immigration status and history. Your lawyer will likely ask questions about your family's background, such as current immigration status, employment history, and any previous interactions with immigration authorities. This information helps the lawyer assess your situation and determine the best legal strategies to pursue. It is vital to be honest and detailed during this phase, as the accuracy of the advice you receive depends on the information you provide. A family immigration attorney can use this initial data to create a tailored legal plan that aligns with your specific needs and goals, ensuring the best possible outcomes for your family’s immigration journey. Discussing Challenges and Setting Expectations According to Pew Research, 14. 3% of the US population is made up of immigrants, highlighting the importance of specialized legal guidance in navigating the immigration system. During your meeting, the lawyer will explain the various immigration options available to families, such as family-sponsored visas, asylum applications, or adjustment of status. Understanding these options can be complex, but the lawyer will help clarify which pathways are viable for your specific circumstances. This conversation is an opportunity to explore the best course of action for achieving your family's immigration goals. A family immigration attorney will also guide you through the necessary documentation, timelines, and steps required for a successful process, making sure you’re prepared for each stage. Establishing Communication and Understanding Lawyers' Practices Your first meeting with a family immigration attorney is also the perfect time to discuss potential challenges and set realistic expectations. The lawyer may explain the current political climate, recent changes in immigration law, or potential hurdles specific to your case. This honest appraisal helps manage expectations and prepare you for the legal process's possible challenges and duration. Additionally, this meeting allows you to ask questions and get a sense of the lawyer's communication style and office practices, ensuring that you feel comfortable moving forward with their services. It’s also an opportunity to discuss fees, timelines, and the expected involvement on your part, ensuring a transparent and informed partnership moving forward. Your first meeting with a family immigration attorney is a foundational step in your immigration journey. By approaching the meeting well-prepared and open to discussion, you'll be better positioned to receive informed and personalized legal advice. Remember that this initial consultation is just the beginning of a potentially lengthy process, and establishing a strong working relationship with your lawyer can make all the difference in successfully navigating the complexities of immigration law. Contact Santana Residency Law, P. A. today. --- - Published: 2025-06-11 - Modified: 2025-06-17 - URL: https://www.srlawpa.com/understanding-the-provisional-i-601a-waiver/ - Categories: Immigration In the complex landscape of U. S. immigration law, the Provisional I-601A Waiver stands out as an essential relief mechanism for many undocumented immigrants. This waiver is a vital lifeline for those who are unlawfully present in the U. S. but have qualifying family members, enabling them to legalize their status under certain conditions. Understanding how this waiver functions can pave the path to lawful residency and bring peace of mind to countless families working with a local immigration lawyer through the challenging immigration process. Purpose of the Provisional I-601A Waiver The Provisional I-601A Waiver is specifically designed to address cases where undocumented immigrants need to leave the U. S. to obtain an immigrant visa but are barred from returning due to unlawful presence bans. If an individual has accrued unlawful presence of more than 180 days, they face a three to ten-year ban upon exiting the country, per our experts. The I-601A Waiver allows individuals to apply for a waiver of this ban before leaving the U. S. , provided they can demonstrate that their absence would cause extreme hardship to a legal U. S. citizen or lawful permanent resident spouse or parent. Working with a local immigration lawyer can greatly enhance the chances of a successful waiver application by ensuring that the hardship is clearly documented and presented to immigration authorities in the most compelling way. Benefits of the I-601A Waiver Amidst the high volume of immigration cases, the I-601A Waiver offers a strategic solution for many. According to Immigration Impact, the number of new immigration cases filed each year is almost 1. 5 million. Navigating this labyrinth without the certainty of conditional waivers can lead to prolonged family separation, straining the fabric of families who are otherwise eligible to stay together. The provisional waiver allows applicants working with a local immigration lawyer an opportunity to address their immigration status with the assurance that their return is legally permissible. This process provides much-needed relief, allowing families to reunite and move forward with confidence, knowing their future in the U. S. is secure. Limitations of the I-601A Waiver While the I-601A Waiver process does offer significant benefits, it is important to understand its scope and limitations. The waiver only addresses inadmissibility based on unlawful presence and does not absolve other potential grounds of inadmissibility, such as criminal history or fraud. Therefore, seeking expert legal advice is crucial to assess one's eligibility and ensure that the waiver applies correctly to the individual's circumstances. Properly preparing the application with a local immigration lawyer, backed by thorough documentation of extreme hardship, can significantly enhance the chances of success. The Provisional I-601A Waiver provides a practical pathway for undocumented immigrants burdened by the unlawful presence ban. It brings hope to many families, offering them the possibility to secure their future together in the U. S. while awaiting the outcome of immigration proceedings. By fully understanding the requirements and implications of this waiver and pursuing knowledgeable legal guidance, applicants can effectively navigate the complexities of U. S. immigration law. Contact Santana Residency Law, P. A. today to speak with a local immigration lawyer. --- - Published: 2025-05-15 - Modified: 2025-06-05 - URL: https://www.srlawpa.com/what-you-need-to-know-about-naturalization-in-the-u-s/ - Categories: Immigration Becoming a U. S. citizen through the naturalization process is an important milestone for many immigrants seeking to fully integrate into American society. Naturalization offers a wide range of benefits, including the right to vote, the ability to apply for certain government jobs, and the security of permanent legal status. For those interested in pursuing this path with the help of a naturalization attorney, understanding the steps and requirements is essential. Here’s what you need to know about the process. What Is Naturalization? Naturalization is the legal process through which a non-citizen becomes a U. S. citizen. This process — which a naturalization attorney can help with — allows immigrants who meet certain eligibility criteria to apply for citizenship, which grants them the same rights and privileges as those born in the United States. It’s an opportunity for individuals to gain legal recognition as U. S. citizens and participate fully in the country’s political and social systems. Eligibility Requirements To begin the naturalization process, applicants must meet several key eligibility requirements. First, you must be at least 18 years old. Additionally, applicants must have been a lawful permanent resident (green card holder) of the U. S. for at least five years, or three years if married to a U. S. citizen. You also need to have lived in the state or U. S. Citizenship and Immigration Services (USCIS) district where you are applying for at least three months before filing your application. Another important requirement is demonstrating "good moral character," which means abiding by U. S. laws and not having a history of criminal offenses or other actions that could disqualify you from citizenship. Applicants must also be able to read, write, and speak basic English, though some exceptions apply for older applicants or those with disabilities. Finally, you must pass a civics test that covers U. S. history and government. Application Process The naturalization process begins with filing Form N-400, the Application for Naturalization, along with the required documents and fees. After submitting the application, USCIS will schedule a biometrics appointment where fingerprints will be taken for a background check. Once this is completed, applicants will attend an interview with a USCIS officer. During the interview, you will be asked questions about your application and take the English and civics tests. If everything is in order, you will be scheduled for a naturalization ceremony, where you will take the Oath of Allegiance to the United States. Upon taking the oath, you will officially become a U. S. citizen. Benefits of Naturalization Naturalization comes with many important benefits. As a U. S. citizen, you gain the right to vote in federal and state elections, which allows you to have a voice in the direction of the country. You can also apply for U. S. passports, making travel easier and allowing for protection and assistance abroad. Additionally, U. S. citizens have access to more government job opportunities that are not available to non-citizens. Moreover, naturalized citizens can sponsor family members for immigration to the U. S. , and they are protected from deportation, providing greater security and stability for them and their families. The U. S. has long been a destination for individuals seeking better opportunities and a new life. According to CNN, the U. S. is home to more immigrants than any other country, with more than 45 million people calling America home. Naturalization is an important step for many of these immigrants, helping them fully integrate into their communities and participate in the democratic process. If you’re considering naturalization, consulting with a naturalization attorney can help ensure your application process goes smoothly and increase your chances of success. Contact Santana Residency Law, P. A. today to take the first step on this exciting journey. --- - Published: 2025-05-06 - Modified: 2025-06-05 - URL: https://www.srlawpa.com/5-reasons-its-crucial-to-work-with-a-qualified-immigration-lawyer/ - Categories: Immigration Navigating the complexities of immigration law can be a daunting task. Working with a qualified immigration lawyer can make a significant difference in the outcome of your case. Top immigration law firms offer expert guidance and advocacy, ensuring that your application meets all legal requirements and has the best chance of success. 1. Expertise in Complex Immigration Processes Immigration law is a constantly evolving field, with policies, procedures, and regulations changing frequently. Even a minor mistake in paperwork or failure to meet specific deadlines can result in delays, denials, or even deportation. This is where a qualified immigration lawyer becomes invaluable. The best immigration law firms specialize in understanding and navigating the intricate processes involved in obtaining visas, green cards, and citizenship. By working with an immigration lawyer, you can be confident that your case will be handled by an expert who is well-versed in the latest legal developments. 2. Personalized Legal Advice and Representation Each immigration case is unique, and personalized legal advice is essential for achieving the desired outcome. Top immigration law firms take the time to understand your specific situation and tailor their approach to your needs. Whether you're facing challenges in your immigration case or need help determining which visa category is right for you, an experienced immigration lawyer will provide the legal guidance necessary for making informed decisions. They'll also ensure that all paperwork is filled out accurately and submitted on time, minimizing the risk of mistakes that could delay your application. 3. Mitigating the Impact of Delays and Backlogs The immigration process is known for its long wait times and backlogs, which can make navigating the system especially frustrating. According to Boundless, the latest data shows 3 million pending cases in immigration courts around the country at the start of 2024. These delays can cause unnecessary stress, but a qualified immigration lawyer can help expedite the process. They know the best ways to handle delays and can provide advice on how to move your case forward, including filing the appropriate motions or appeals if necessary. 4. Advocacy and Legal Representation in Court In some cases, immigrants may need to attend court hearings, face deportation proceedings, or deal with other legal challenges. The courtroom can be an intimidating environment, and having a skilled immigration lawyer on your side can make all the difference. Top immigration law firms offer experienced attorneys who are adept at representing clients in immigration court. They can advocate for your rights, argue your case effectively, and ensure that you're treated fairly throughout the legal process. 5. Avoiding Costly Mistakes Mistakes in immigration applications can be costly, not just in terms of money, but also in terms of time and opportunities. A small error or omission can lead to delays or even a denial of your application. An experienced immigration lawyer will help you avoid these pitfalls by ensuring that your application is complete and compliant with all legal requirements. They'll also advise you on the best course of action should any issues arise during the process. The expertise, personalized advice, and legal representation provided by top immigration law firms can make a significant difference in the outcome of your case. With the complexities of immigration law, it’s essential to have an experienced lawyer on your side who can guide you through the process, mitigate delays, and protect your rights. Don't leave your immigration case to chance — partner with Santana Residency Law, P. A. to increase your odds of achieving a positive outcome. --- - Published: 2025-04-20 - Modified: 2025-06-17 - URL: https://www.srlawpa.com/5-essential-qualities-of-an-experienced-family-immigration-lawyer/ - Categories: Immigration Navigating the complex world of family immigration law can be daunting without the right guidance. When it comes to securing the future of your loved ones, choosing an experienced family immigration lawyer is paramount. But with so many legal professionals out there, how do you determine which one has the attributes you need? Below, let's explore five essential qualities that define a seasoned family immigration lawyer. 1. Knowledgable An experienced family immigration lawyer should possess in-depth knowledge and understanding of immigration laws and policies. Immigration laws are known for their complexity and constant evolution, requiring a lawyer who stays updated on the latest legal developments. With approximately 2,402 immigration lawyers in Florida alone, according to Avvo, finding one with a proven track record in handling family immigration cases can set you on the path to success. 2. Communicable Another critical quality to look for is excellent communication skills. An accomplished family immigration lawyer must be able to explain complex legal concepts in a way that's easy to understand for their clients. This means they should provide clear guidance and keep clients updated throughout the process, ensuring transparency and trust. Effective communication is the foundation for a strong client-lawyer relationship, which is crucial in navigating emotionally charged family immigration cases. 3. Empathetic Empathy and cultural sensitivity are also indispensable qualities of a family immigration lawyer. Understanding and respecting the cultural backgrounds and unique circumstances of their clients allow them to provide personalized legal services. This sensitivity can be vital in easing the stress and anxiety that often accompany immigration proceedings, ultimately leading to more favorable outcomes for the families involved. An empathetic lawyer becomes an ally, offering support and reassurance when clients need it most. 4. Detail-Oriented An experienced family immigration lawyer understands that even the smallest mistake on an application can lead to delays or denials. Attention to detail is crucial when reviewing forms, gathering supporting documents, and preparing legal arguments. A single error, such as missing a deadline or incorrect information, can complicate a case. A meticulous lawyer carefully checks all paperwork, ensuring accuracy before submission. They also anticipate potential issues, addressing them proactively to strengthen a client’s case. 5. Responsive A responsive family immigration lawyer keeps clients informed and addresses concerns promptly. Immigration cases often involve strict deadlines and urgent matters, requiring quick action. An experienced attorney answers calls and emails in a timely manner, ensuring clients never feel left in the dark. Whether clarifying case progress, explaining legal options, or providing updates, responsiveness builds trust and confidence. By staying accessible and engaged, a dedicated lawyer helps families navigate the immigration process smoothly, reducing stress and avoiding unnecessary delays. Selecting the right family immigration lawyer involves looking beyond their legal expertise. By focusing on these essential qualities, you can increase your chances of ensuring a positive and efficient immigration process for your family. Take the time to research and choose wisely to secure the best possible future for your loved ones. For those located in the Miami, FL area, turn to our team at Santana Residency Law, P. A. We look forward to assisting you! --- - Published: 2025-04-02 - Modified: 2025-06-05 - URL: https://www.srlawpa.com/overcoming-immigration-barriers-strategies-for-success/ - Categories: Immigration Immigrating to a new country is a life-changing decision, but the journey to establishing a new life in a foreign land can often be filled with challenges. For many, the path to permanent residency or citizenship in the United States involves overcoming complex legal and bureaucratic obstacles. However, with the right strategies and guidance from a Miami immigration law firm, these barriers can be surmounted. Here are a few key strategies to help you overcome immigration hurdles and achieve your goals in the United States. Seek Legal Advice and Representation One of the most effective strategies for overcoming immigration barriers is seeking professional legal advice from a Miami immigration law firm. Immigration law can be complicated, and a small error in filing your application or missing a deadline can derail your entire case. An experienced immigration lawyer can guide you through the application process, help you prepare the necessary documentation, and ensure that all forms are completed accurately. Additionally, immigration lawyers can advocate for you in case of any issues that arise, such as denials, requests for additional evidence, or delays. By having legal representation, you significantly increase your chances of success in your immigration journey. Gather the Right Documentation Documenting your immigration case accurately and thoroughly is crucial for overcoming potential barriers. Each type of visa or immigration status has specific documentation requirements, and submitting incomplete or incorrect paperwork can lead to delays or denials. Make sure you gather all necessary documents, such as proof of employment, financial records, identification papers, medical exams, and anything else that may be required. It’s also important to stay organized and ensure that all your paperwork is up to date. In some cases, immigration authorities may require additional information or evidence, so being proactive and diligent in collecting these materials will ensure a smoother process. Address Language and Cultural Barriers Language barriers and cultural differences can sometimes hinder the immigration process, especially when it comes to communication with immigration authorities or filling out forms. Many applicants may struggle with understanding legal terminology or accurately conveying personal details. To overcome these obstacles, consider utilizing language services such as interpreters or translation services when filling out applications. Many immigration offices also offer bilingual services, so don’t hesitate to ask for assistance if needed. Additionally, being familiar with U. S. customs and cultural expectations can make your interactions with authorities smoother and help you feel more confident throughout the process. Stay Informed and Be Patient Immigration processes can be time-consuming and stressful. It’s important to stay informed about any changes to immigration law or policy that might affect your case. This includes staying up to date on deadlines, new visa categories, or policy adjustments that could alter your eligibility. Patience is also key. According to CNN, the U. S. is home to more immigrants than any other country—more than 45 million people. With such a large volume of applicants, it’s no surprise that some immigration cases take longer than expected. Keeping realistic expectations and maintaining persistence is vital to overcoming these delays and continuing on your path toward success. Overcoming Setbacks Sometimes, immigration applicants face setbacks, such as denials or delays. It’s important to remember that setbacks are not the end of the road. Instead, they can often be an opportunity to reevaluate your case, gather additional evidence, and work with your attorney to address any issues. Whether you’re dealing with a visa denial, deportation proceedings, or other complications, legal assistance can help you explore your options for appealing or reapplying. Overcoming immigration barriers may seem daunting, but with a strategic approach, the right legal support, and a commitment to perseverance, achieving your immigration goals is entirely possible. If you're preparing to move to the U. S. , contact Santana Residency Law, P. A. today. Our Miami immigration law firm will be happy to assist you in this exciting new chapter of your life. --- - Published: 2025-03-17 - Modified: 2025-06-17 - URL: https://www.srlawpa.com/what-does-a-citizenship-lawyer-do/ - Categories: Immigration Becoming a citizen in a new country can be both an exciting and daunting process, riddled with paperwork and legal intricacies. This is where the expertise of a lawyer specializing in citizenship comes into play. These professionals provide invaluable guidance and representation to individuals seeking citizenship or residency, helping them navigate the often complex legal landscape. But what exactly does a citizenship lawyer do? Assisting With Requirements and Processes One of the primary roles of a lawyer specializing in citizenship is to assist clients in understanding the various requirements and processes involved in obtaining citizenship. This includes explaining the necessary documents, eligibility criteria, and potential challenges one might face. By simplifying these processes, citizenship lawyers empower clients to make informed decisions, thus reducing the chances of errors or omissions that could delay or jeopardize their application. Advocating for Clients' Rights In addition to guiding clients through the application process, lawyers specializing in citizenship also play a crucial role in advocating for their clients' rights. They represent clients in legal proceedings and ensure that their interests are upheld in court. With 17,558 immigration lawyers and attorneys businesses operating across the country as of 2023, according to IBISWorld, the demand for skilled legal representation in citizenship cases remains significant. These professionals ensure that complex legal situations, such as appeals or challenges to immigration status, are handled with expertise and care. Ensuring Applications Are Processed Smoothly Lawyers specializing in citizenship often work closely with various government agencies to ensure that applications are processed smoothly and efficiently. They are well-versed in the intricacies of immigration law and maintain up-to-date knowledge on policy changes, ensuring that their clients receive current and relevant advice. This continual liaison with official bodies not only expedites the application process but also provides peace of mind to clients, knowing that a knowledgeable professional is guiding their journey to citizenship. Providing Crucial Support for Families Beyond assisting individuals with their citizenship applications, citizenship lawyers also provide crucial support in cases involving family-based immigration, employment-based pathways, and humanitarian relief options. For families seeking to reunite, these legal professionals help navigate the intricacies of sponsorships and petitions, ensuring that all necessary documentation is correctly filed. Offering Legal Counsel in Complicated Situations Another critical function of citizenship lawyers is offering legal counsel in cases of denials, delays, or complications with applications. If an application is rejected due to missing information, past legal issues, or administrative errors, a lawyer who specializes in citizenship can provide strategic solutions to address these obstacles. They may file appeals, request waivers, or represent clients in hearings before immigration courts or other legal bodies. Lawyers who specialize in citizenship serve as vital allies to individuals seeking to navigate the often-complex journey to obtaining citizenship. With thousands of immigration lawyers across the nation, these professionals are integral in helping people realize their dreams of becoming citizens, ensuring that legal pathways are accessible, fair, and just. If you need a citizenship lawyer, contact Santana Residency Law, P. A. , today to set up a consultation. --- - Published: 2025-03-15 - Modified: 2025-07-17 - URL: https://www.srlawpa.com/mistakes-to-avoid-when-applying-for-a-u-s-green-card/ - Categories: Immigration Applying for a U. S. Green Card can be an exciting yet daunting process. It marks a pivotal step toward permanent residency in the United States, offering individuals the opportunity to live and work without restrictions. However, the process is fraught with potential pitfalls that can delay or derail your application. By understanding common mistakes, you can better prepare yourself to successfully navigate the journey to obtaining a Green Card with the help of a citizenship attorney. Misunderstanding the Correct Green Card Category One of the most frequent mistakes applicants make is not thoroughly understanding which category they should apply under. The U. S. offers several Green Card categories, including family-based, employment-based, and others like special immigrant and refugee or asylee status. Misunderstanding which category best fits your situation can lead to applying incorrectly, wasting time, and causing unnecessary frustration. It's crucial to do thorough research or consult a professional, such as a citizenship attorney, to determine the correct category before beginning the application process. A qualified attorney can guide you through the complexities, ensuring you choose the right path. They can also provide valuable advice on how to avoid common pitfalls that could delay your application. Filling Out the Forms Improperly Another significant mistake is incomplete or improperly filled-out forms. The application process involves filling out numerous forms that require accurate and detailed information. Failing to thoroughly check these forms for errors or omissions can lead to delays or even outright denial of your application. Ironically, the growth of the Immigration Lawyers & Attorneys industry, which expanded by 7. 9% annually until 2023 according to IBISWorld, demonstrates that many applicants seek professional help to ensure their forms are completed accurately. A citizenship attorney can provide essential assistance, reviewing your forms and ensuring compliance with all necessary regulations. They can also help you understand specific requirements that may be unique to your case. Consider investing in professional guidance to avoid costly mistakes. Failing to Meet Deadlines Finally, failing to meet deadlines is a significant oversight that can have dire consequences for your application. The U. S. immigration system is meticulous about adherence to timelines and due dates, whether for submitting forms, responding to requests for further evidence, or attending scheduled interviews. Missing a deadline could result in your application being pushed back or denied entirely. Keeping an organized schedule with reminders can help you keep track of critical dates and ensure timely submissions. A citizenship attorney can assist in managing these deadlines by keeping you informed and ensuring that all necessary documentation and steps are completed on time. Their expertise can help you avoid unnecessary delays and reduce the risk of your application being rejected. Applying for a U. S. Green Card is a complex process with multiple areas where mistakes can occur. By ensuring you apply under the correct category, meticulously completing paperwork, and adhering to all timelines, you can improve your chances of a successful outcome. While it may seem daunting, careful preparation and possibly enlisting the help of a professional citizenship attorney can make the U. S. Green Card application process much more manageable and increase your chances of success. Contact Santana Residency Law, P. A. today. --- - Published: 2025-01-30 - Modified: 2025-01-30 - URL: https://www.srlawpa.com/breaking-news-chnv-humanitarian-parole-terminated-by-trump-now-what/ - Categories: Uncategorized READ THE CONSTANT CONTACT VERSION WITH GRAPHICS HERE: https://conta. cc/4hjID90 Termination of the CHNV Program for Cubans, Haitians, Nicaraguans, and Venezuelans The Humanitarian Parole program has been terminated. Read on for a Q&A on what this means and what should you do now. In light of the recent termination of the CHNV program, many of our clients and community members have reached out with a host of questions and concerns regarding their status and future in the United States. To address this high volume of inquiries effectively and provide clear, structured guidance, we have compiled a detailed Q&A guide below. This guide is designed to answer the most pressing questions about the end of the CHNV program, outline alternative legal options available, and provide a pathway forward during this uncertain time. We understand the urgency and the impact of these changes, and our goal is to support you in navigating these complex legal challenges as seamlessly as possible. If you have questions that were not answered in this email or would like to discuss how these developments might specifically impact you, please contact our office at 305-916-4800 or info@srlawpa. com. It is our pleasure to help! Sincerely, Elina M. Santana, Esq. What was the CHNV program? The CHNV program, officially called Processes for Cubans, Haitians, Nicaraguans, and Venezuelans, was a humanitarian initiative by the Biden administration launched in early 2023. It allowed certain nationals from these countries to reside and work in the U. S. temporarily, under humanitarian parole, for up to two years. The program aimed to provide a safe haven for individuals from regions experiencing severe economic crises and political instability. What led to the termination of the CHNV program? The CHNV program was terminated as part of the "Securing Our Borders" executive order issued by the current administration on January 20, 2025. This abrupt cessation halted the acceptance of new applications and renewal of existing paroles, significantly impacting those who relied on this program for safety and employment in the U. S. What are the immediate consequences for those currently under CHNV parole? The immediate consequences include: Non-renewal of Parole: Parolees cannot renew their status under the CHNV program. No new applications accepted: As of January 20, 2025, the U. S. government is no longer accepting new applications for the program. End of sponsorship: U. S. citizens and residents can no longer sponsor individuals from Cuba, Haiti, Nicaragua, and Venezuela through this pathway. Risk of deportation: ICE has been authorized to arrest, detain, and deport some individuals who entered legally under this program. Over a million immigrants could be affected by expanded deportation priorities. Expedited removal procedures are being enforced nationwide, not just at the southern border. Legal limbo for current beneficiaries: Those already paroled under CHNV may lose their status as their two-year parole periods expire. Without an alternative legal status (e. g. , asylum, TPS), they may face deportation. Invalid Applications: Applications not fully processed by the termination date are now void and will not be considered. What alternative legal options do affected individuals have? Affected individuals who were benefiting from the CHNV humanitarian parole program may have alternative legal options to remain in the U. S. legally. Here are some possibilities: 1. Asylum Individuals who fear persecution in their home country due to race, religion, nationality, political opinion, or membership in a particular social group may apply for asylum. Must apply within one year of arrival in the U. S. , unless they qualify for an exception. If granted, asylum provides a path to a green card and eventually U. S. citizenship. 2. Temporary Protected Status (TPS) Some CHNV beneficiaries may qualify for TPS, which is available for certain nationals of designated countries experiencing war, natural disasters, or other dangerous conditions. Currently, Venezuela, Haiti, and Nicaragua have active TPS designations. Cuba does not have TPS, but other humanitarian relief options may apply. 3. Family-Based Green Cards Those with U. S. citizen or permanent resident relatives (spouse, parent, child, or sibling) may be eligible for a family-based immigrant visa. Processing times vary, and some categories have long wait periods. 4. U Visa (Victims of Crime) Those who have been victims of serious crimes in the U. S. (such as domestic violence, assault, or human trafficking) and have helped law enforcement may qualify for a U visa. A U visa allows work authorization and can lead to a green card. 5. VAWA (Violence Against Women Act) Petition Victims of domestic violence who are married to a U. S. citizen or permanent resident may self-petition for a green card without the abuser’s involvement. Applies to both men and women experiencing abuse. 6. Work Visas or Employer Sponsorship If an individual qualifies for a work visa, such as an H-1B (skilled workers) or O-1 (extraordinary ability) visa, they could obtain legal status through employment. Some employers may also sponsor workers for employment-based green cards. 7. Special Immigrant Juvenile Status (SIJS) If an affected individual is a child under 21 and has been abused, neglected, or abandoned, they may qualify for SIJS, which can lead to a green card. 8. Cuban Adjustment Act (For Cuban Nationals Only) Cubans who have been physically present in the U. S. for at least one year may apply for permanent residency under the Cuban Adjustment Act (CAA). The two-year parole under CHNV may count toward this requirement. What should affected individuals do now? If you were benefiting from the CHNV humanitarian parole program, here are the urgent steps you should take to protect your legal status in the U. S. : Consult an Immigration Attorney ASAP: Every case is unique, and professional legal guidance is crucial. An attorney can help determine the best alternative legal options for your situation. Check If You Qualify for an Alternative Legal Status: Explore options such as asylum, TPS, family-based green cards, U visas, VAWA, employment visas, SIJS, or the Cuban Adjustment Act. File applications as soon as possible, as some options have deadlines. Keep All Immigration Documents Updated: Make copies of your CHNV approval notice, work permit, and any pending applications. Stay aware of expiration dates for any documents or status you currently have. Avoid Legal Issues: Any criminal charges, arrests, or violations of immigration laws can negatively impact future applications. Follow all immigration court orders and deadlines if you have an ongoing case. Stay Informed About Policy Changes: Immigration policies can change, so stay updated through official government sources, immigration attorneys, or trusted organizations. Prepare a Safety Plan in Case of Enforcement Actions: If you fear ICE enforcement, have a plan: 1) Keep emergency contacts and an attorney’s phone number accessible. 2) Know your rights if approached by immigration officers. 3) Do not sign any documents without legal advice. Elina M. Santana, Esq. Santana Residency Law, PA 3663 SW 8th Street, Suite 206 Miami, FL 33135 Tel: (305) 916-4800 Fax: (888) 402-6786 Use Our Team to Achieve Your American Dream! ¡Utilice Nuestro Equipo para Lograr su Sueño Americano! Click Here To Make an Appointment Click Here To Visit Our Website FOLLOW ELINA AT: FOLLOW SANTANA RESIDENCY LAW AT: --- - Published: 2025-01-30 - Modified: 2025-01-30 - URL: https://www.srlawpa.com/noticia-de-ultima-hora-parole-chnv-terminado-por-trump-y-ahora-que/ - Categories: Uncategorized Terminación del Programa CHNV para Cubanos, Haitianos, Nicaragüenses y Venezolanos El programa de Parole Humanitario ha sido terminado. Continúe leyendo para un preguntas y respuestas sobre qué significa esto y qué debería hacer ahora. Ante la reciente terminación del programa CHNV, muchos de nuestros clientes y miembros de la comunidad nos han contactado con numerosas preguntas y preocupaciones respecto a su estatus y futuro en Estados Unidos. Para manejar eficazmente este alto volumen de consultas y proporcionar orientación clara y estructurada, hemos compilado una guía detallada de preguntas y respuestas a continuación. Esta guía está diseñada para responder a las preguntas más urgentes sobre el fin del programa CHNV, describir alternativas legales disponibles y ofrecer un camino a seguir durante este tiempo de incertidumbre. Entendemos la urgencia y el impacto de estos cambios, y nuestro objetivo es apoyarte para navegar estos desafíos legales complejos de la manera más fluida posible. Si tienes preguntas que no fueron respondidas en este correo electrónico o deseas discutir cómo estos desarrollos podrían impactarte específicamente, por favor contacta nuestra oficina al 305-916-4800 o a info@srlawpa. com. ¡Es un placer ayudarte! Atentamente, Elina M. Santana, Esq. ¿Qué era el programa CHNV? El programa CHNV, oficialmente llamado Procesos para Cubanos, Haitianos, Nicaragüenses y Venezolanos, fue una iniciativa humanitaria de la administración de Biden lanzada a principios de 2023. Permitía a ciertos nacionales de estos países residir y trabajar en EE. UU. temporalmente, bajo el estatus de parole humanitario, por hasta dos años. El programa tenía como objetivo proporcionar un refugio seguro para individuos de regiones que experimentan crisis económicas severas e inestabilidad política. ¿Qué llevó a la terminación del programa CHNV? El programa CHNV fue terminado como parte de la orden ejecutiva "Asegurando Nuestras Fronteras" emitida por la administración actual (Presidente Trump) el 20 de enero de 2025. Esta abrupta finalización detuvo la aceptación de nuevas solicitudes y la renovación de paroles existentes, afectando significativamente a aquellos que dependían de este programa para su seguridad y empleo en EE. UU. ¿Cuáles son las consecuencias inmediatas para aquellos actualmente bajo el parole del CHNV? Las consecuencias inmediatas incluyen: No renovación del Parole: Los beneficiarios del parole no pueden renovar su estatus bajo el programa CHNV. No se aceptan nuevas solicitudes: A partir del 20 de enero de 2025, el gobierno de EE. UU. ya no aceptará nuevas solicitudes para el programa. Fin del patrocinio: Los ciudadanos y residentes de EE. UU. ya no pueden patrocinar a personas de Cuba, Haití, Nicaragua y Venezuela a través de esta vía. Riesgo de deportación: ICE ha sido autorizado para arrestar, detener y deportar a algunas personas que ingresaron legalmente bajo este programa. Más de un millón de inmigrantes podrían verse afectados por la ampliación de las prioridades de deportación. Se están aplicando procedimientos de expulsión acelerada en todo el país, no solo en la frontera sur. Incertidumbre legal para los beneficiarios actuales: Aquellos que ya recibieron parole bajo CHNV pueden perder su estatus cuando expire su período de dos años. Sin un estatus legal alternativo (por ejemplo, asilo o TPS), pueden enfrentar la deportación. Solicitudes inválidas: Las solicitudes que no hayan sido completamente procesadas antes de la fecha de finalización ahora quedan anuladas y no serán consideradas. ¿Qué opciones legales alternativas tienen las personas afectadas? Las personas afectadas que se beneficiaban del programa de parole humanitario CHNV pueden tener opciones legales alternativas para permanecer en los EE. UU. legalmente. Aquí hay algunas posibilidades: 1. Asilo Las personas que temen persecución en su país de origen debido a su raza, religión, nacionalidad, opinión política o membresía en un grupo social particular pueden solicitar asilo. Deben solicitarlo dentro de un año de su llegada a los EE. UU. , a menos que califiquen para una excepción. Si se les concede el asilo, tendrán un camino hacia la residencia permanente (green card) y eventualmente la ciudadanía estadounidense. 2. Estatus de Protección Temporal (TPS) Algunos beneficiarios de CHNV pueden calificar para TPS, que está disponible para ciertos ciudadanos de países designados que enfrentan guerra, desastres naturales u otras condiciones peligrosas. Actualmente, Venezuela, Haití y Nicaragua tienen designaciones activas de TPS. Cuba no tiene TPS, pero pueden aplicar otras opciones de alivio humanitario. 3. Tarjetas de Residencia Basadas en la Familia Aquellos que tengan familiares ciudadanos estadounidenses o residentes permanentes (cónyuge, padre, hijo o hermano) pueden ser elegibles para una visa de inmigrante basada en la familia. Los tiempos de procesamiento varían y algunas categorías tienen largos períodos de espera. 4. Visa U (Víctimas de Crimen) Las personas que hayan sido víctimas de crímenes graves en EE. UU. (como violencia doméstica, asalto o trata de personas) y hayan cooperado con las autoridades pueden calificar para una visa U. La visa U otorga autorización de trabajo y puede llevar a una residencia permanente (green card). 5. Petición bajo la Ley VAWA (Violence Against Women Act) Víctimas de violencia doméstica que estén casadas con un ciudadano estadounidense o residente permanente pueden autopeticionar para obtener la residencia permanente, sin necesidad de la participación del agresor. Aplica tanto para hombres como para mujeres que sufren abuso. 6. Visas de Trabajo o Patrocinio de Empleadores Si una persona califica para una visa de trabajo, como la H-1B (trabajadores especializados) o la O-1 (habilidades extraordinarias), podría obtener estatus legal a través del empleo. Algunos empleadores también pueden patrocinar trabajadores para obtener residencia permanente basada en empleo. 7. Estatus Especial de Inmigrante Juvenil (SIJS) Si una persona afectada es un menor de 21 años y ha sido abusado, descuidado o abandonado, puede calificar para SIJS, lo que puede llevar a una residencia permanente (green card). 8. Ley de Ajuste Cubano (Solo para Nacionales Cubanos) Los cubanos que hayan estado físicamente presentes en EE. UU. durante al menos un año pueden solicitar la residencia permanente bajo la Ley de Ajuste Cubano (CAA). El parole de dos años bajo CHNV puede contar para este requisito. What should affected individuals do now? Si usted se beneficiaba del programa de parole humanitario CHNV, aquí están los pasos urgentes que debe seguir para proteger su estatus legal en los EE. UU. : Consulte a un abogado de inmigración lo antes posible: Cada caso es único, y la asesoría legal profesional es crucial. Un abogado puede ayudarle a determinar las mejores opciones legales alternativas para su situación. Verifique si califica para un estatus legal alternativo: Explore opciones como asilo, TPS, tarjetas de residencia basadas en la familia, visas U, VAWA, visas de empleo, SIJS o la Ley de Ajuste Cubano. Presente sus solicitudes lo antes posible, ya que algunas opciones tienen plazos estrictos. Mantenga todos sus documentos de inmigración actualizados: Haga copias de su notificación de aprobación de CHNV, permiso de trabajo y cualquier solicitud pendiente. Esté atento a las fechas de vencimiento de sus documentos y estatus migratorio actual. Evite problemas legales: Cualquier carga penal, arresto o violación de las leyes de inmigración puede afectar negativamente futuras solicitudes. Cumpla con todas las órdenes y plazos de la corte de inmigración si tiene un caso en proceso. Manténgase informado sobre cambios en las políticas migratorias: Las leyes de inmigración pueden cambiar rápidamente, por lo que debe estar actualizado a través de fuentes oficiales del gobierno, abogados de inmigración o organizaciones de confianza. Prepare un plan de seguridad en caso de acciones de cumplimiento: Si teme una posible detención por parte de ICE, tenga un plan: 1) Mantenga contactos de emergencia y el número de un abogado accesibles. 2) Conozca sus derechos si es detenido por agentes de inmigración. 3) No firme ningún documento sin consultar a un abogado. --- - Published: 2025-01-10 - Modified: 2025-01-10 - URL: https://www.srlawpa.com/can-you-pass-the-u-s-citizenship-test/ - Categories: Uncategorized Becoming a U. S. citizen is a monumental milestone, and one of the final steps in the naturalization process is passing the U. S. citizenship test. This test evaluates an applicant's knowledge of U. S. history, government, and English skills. But where did the test come from, and what does it take to become a citizen today? Let’s take a closer look. The Requirements for Naturalization To qualify for U. S. citizenship through naturalization, applicants must generally meet the following requirements: 1. Be at least 18 years old. 2. Have lawful permanent resident (green card) status for at least 5 years (or 3 years if married to a U. S. citizen). 3. Demonstrate continuous residence and physical presence in the United States. 4. Show good moral character during the statutory period. 5. Pass the English language and civics tests. 6. Take the Oath of Allegiance to the United States. The most well-known part of this process is the civics and English test—but the origins of these exams might surprise you. The History of the Civics and English Test The idea of testing immigrants' knowledge of U. S. history and English skills dates back to the early 20th century. The first formal English requirement was introduced in 1906 when naturalization laws required applicants to speak basic English. By 1950, the law expanded to include understanding the fundamentals of U. S. government and history. However, it wasn’t until 1986 that the current form of the civics test began taking shape. The Immigration and Naturalization Service (INS) standardized the process, requiring applicants to answer oral questions about U. S. history, government, and civics. In 2008, the test was redesigned to better assess meaningful knowledge rather than rote memorization. What’s on the Test? The naturalization exam has two main components: 1. Civics Test Applicants answer 10 questions (from a pool of 100) about U. S. government, history, geography, and rights. They must correctly answer at least 6 to pass. 2. English Test The English test evaluates: Reading: Applicants must read one out of three sentences correctly in English. Writing: Applicants write one of three sentences dictated by the officer. Speaking: An applicant’s speaking ability is assessed during their interview. These questions may sound simple, but they serve as a powerful reflection of how immigrants commit to learning the story and values of the United States. Can You Pass the Test? Let’s see if you’re citizenship test ready! Answer these 10 real questions from the civics exam. You need 6/10 correct to pass—just like on the real test! 1. What is the supreme law of the land? 2. How many amendments does the Constitution have? 3. What are the first ten amendments to the Constitution called? 4. Who wrote the Declaration of Independence? 5. What is one responsibility only for U. S. citizens? 6. Who is the current Chief Justice of the United States? 7. What ocean is on the East Coast of the United States? 8. During the Cold War, what was the main concern of the United States? 9. Who was President during the Great Depression and World War II? 10. Name one U. S. territory. Answers: 1. The Constitution 2. 27 3. The Bill of Rights 4. Thomas Jefferson 5. Serve on a jury or vote in a federal election 6. John Roberts 7. Atlantic Ocean 8. Communism 9. Franklin D. Roosevelt 10. Puerto Rico, Guam, American Samoa, Northern Mariana Islands, or the U. S. Virgin Islands --- - Published: 2024-12-02 - Modified: 2024-12-02 - URL: https://www.srlawpa.com/what-does-december-mean-for-immigrants-challenges-celebrations-or-both/ - Categories: Uncategorized In December, airports worldwide echo with laughter and tears as families reunite after years apart. Yet, for many immigrants, the season also brings bittersweet reminders of separation and bureaucratic hurdles. The month holds a special significance for many in the world of immigration. It’s a month often associated with family, festivities, and travel, but for immigrants, it can also be a time of heightened challenges, nostalgic memories, and, sometimes, hopeful transitions. Here are some fascinating insights and stories that reflect the role December plays in the lives of immigrants. Family Reunions and the Travel Crunch December is one of the busiest travel months worldwide, and for immigrants, it often represents a chance to reunite with family members. However, for those awaiting visa approvals or caught in the maze of complex paperwork, plans can be uncertain. Many immigrants who’ve waited years to bring their families to their new home countries find that December highlights the importance of these reunions—and reminds them of the struggles they’ve endured to make them happen. In many U. S. airports, you’ll see scenes of tearful reunions and joyful embraces as families and friends meet after months or even years apart. But the holidays can also remind immigrants of the painful reality that not everyone gets to reunite when they hope. Immigration attorneys and advocates often report a rise in inquiries during this month as people seek advice on speeding up processes or navigating the logistics of holiday visits, especially after extended separations due to travel bans and other restrictions. The History of Immigration Policy in December Some significant changes in U. S. immigration policy have historically taken effect in December. For example, in December 2005, the REAL ID Act, which impacted on the requirements for driver’s licenses and other forms of identification, was signed into law. The act also had implications for asylum seekers and family-based immigration petitions. This December timeline highlights how important legislation, and policy can impact immigrants’ lives during the holiday season. On a more positive note, December has also seen the passing of policies meant to protect immigrant communities. In 2012, for example, the Deferred Action for Childhood Arrivals (DACA) program was introduced and subsequently expanded in December, providing protection and work permits to undocumented youth brought to the U. S. as children. Programs like these have brought relief and opportunities, helping individuals pursue their dreams, often rekindling hope in a season dedicated to family and gratitude. Heartwarming December Stories For many immigrants, December is a month of firsts—first holidays in a new country, first snowfall experiences, or first celebrations of traditions from their new homeland. This blending of traditions often creates beautiful, memorable stories. Take, for example, the story of Sara, a recent immigrant from Colombia, who celebrated her first Christmas in New York. Used to the warm weather and vibrant colors of Colombian Christmas traditions, Sara was surprised by the chilly winter and the sight of snow. She adapted by incorporating some Colombian holiday foods like natilla (a custard dessert) and buñuelos (cheese fritters) into her new celebrations, sharing them with her neighbors and creating a unique cultural exchange. Or consider the story of Arjun, an immigrant from India, who attended his first Hanukkah celebration in December with friends he made after moving to Chicago. Although Hanukkah was new to him, he embraced the celebration, learning about the menorah lighting and trying traditional foods like latkes and sufganiyot. In return, he shared some of his own cultural traditions from India’s winter festivals, making for a memorable cultural exchange. December and Legal Deadlines December is often the last chance to complete certain immigration filings for the year. Some immigrants rush to file applications for green cards, work permits, or extensions before year-end deadlines, hoping to avoid policy changes in the upcoming year. Immigration attorneys and law offices often see a spike in appointments as families and individuals seek to resolve their cases before the holiday season or prepare for the new year. For those seeking asylum or waiting for court hearings, December can be both a hopeful and challenging month. Although it’s a season for slowing down and focusing on family, legal cases don’t always pause, and families might spend holidays apart as they await important decisions. Despite the delays and uncertainty, many immigrants approach these situations with patience and perseverance, holding onto hope as they move into the new year. Blending Traditions and Embracing Community In the spirit of celebration, many immigrants blend their native traditions with those of their new country. Whether it’s hosting a holiday potluck with dishes from around the world or participating in community events, immigrants often enrich holiday celebrations with diversity and inclusivity. This blending of cultures enhances December festivities, creating a season of learning, sharing, and understanding across communities. For immigrants, December is often a bittersweet mix of nostalgia, challenges, and hope. While they may miss familiar customs or loved ones left behind, many immigrants also experience December as a season of growth, resilience, and connection. And while policy changes and paperwork can be frustrating, there’s always the possibility that the new year will bring progress and positive developments. As December arrives, it serves as a time of reflection for immigrants and native-born citizens alike, highlighting the shared value of family, tradition, and unity across borders. --- - Published: 2024-11-13 - Modified: 2024-11-13 - URL: https://www.srlawpa.com/which-thanksgiving-dishes-reveal-americas-immigrant-heritage/ - Categories: Uncategorized Thanksgiving is a holiday rooted in gratitude and community, celebrating a rich tapestry of flavors that reflect the diverse immigrant influences that have shaped American cuisine. Each dish tells a story of migration, resilience, and cultural exchange, from the roasted turkey centerpiece to beloved sides and desserts. Here are some classic Thanksgiving dishes with deep roots in immigrant heritage. Turkey with Herbs and Spices Turkey may be a native North American bird, but the ways it's seasoned, prepared, and enjoyed during Thanksgiving owe much to immigrant influences. Herbs like sage, thyme, and rosemary, commonly used in turkey brine or rubs, are staples in European cooking. Mediterranean and Middle Eastern immigrants also introduced marinades featuring garlic, lemon, and even spiced butter, giving the traditional roast turkey added layers of flavor. Immigrant families from diverse backgrounds bring their own touches to this dish, whether it’s Cajun spice from Louisiana or soy sauce and ginger marinades from Asian-American households. Stuffing (or Dressing) Stuffing, a Thanksgiving must-have, traces back to the Middle East and Europe, where ancient civilizations used bread, grains, and aromatic herbs to stuff poultry. German immigrants brought bread stuffing traditions to the U. S. , using stale bread, sausage, and vegetables to create a savory dish. The flavors and ingredients can vary widely: Italian-American families may add fennel and sausage, while Jewish immigrants introduced matzo-based stuffings, a tasty option for anyone seeking unique textures and spices. Cranberry Sauce Cranberries are native to North America, and indigenous communities used them for sauces, medicines, and dyes long before the arrival of European settlers. However, as we know it today, sweetened cranberry sauce was shaped by English settlers who adapted traditional berry preserves. Over the years, immigrant families added their own twists, such as spices from South Asian and Middle Eastern cuisines, transforming cranberry sauce into a diverse accompaniment that brings a sweet-tart balance to the Thanksgiving table. Tamales and Corn-based Dishes For Mexican-American families, tamales are a popular addition to Thanksgiving feasts, especially in states with large Mexican-American populations. Corn, a staple of Indigenous cuisine, became a foundational ingredient shared with Spanish settlers, who brought tamale-making techniques back to the Americas. Today, tamales represent the blending of Indigenous and Spanish culinary traditions, with fillings ranging from turkey to green chiles and cheese, bringing a taste of Mexico’s history to Thanksgiving gatherings. Pumpkin Pie Pumpkin pie is a Thanksgiving classic with origins in English pie-making traditions. The early English settlers encountered pumpkins, a native North American crop, and adapted their sweet pie recipes to include it. Over time, spices like cinnamon, nutmeg, and cloves, introduced by Caribbean and Asian traders, became integral to the pie's rich, aromatic filling. This blend of Indigenous, European, and global spice trade influences makes pumpkin pie a true multicultural treat. Sweet Potato Casserole with Marshmallows The use of sweet potatoes, native to Central and South America, became popular in Southern cooking thanks to African-American culinary traditions. When marshmallows were added to the casserole in the early 20th century, it represented the intersection of European candy-making techniques with African-American culinary innovation. Sweet potato casserole with marshmallows remains a symbol of Southern hospitality and the blending of African, Indigenous, and European flavors. Macaroni and Cheese Mac and cheese has Italian roots but took on a distinct American identity thanks to European immigrants, especially during the 18th and 19th centuries. Thomas Jefferson brought a macaroni machine back from Italy, popularizing the dish in the U. S. African-American chefs and culinary innovators elevated it by adding creamier, cheesier textures, turning mac and cheese into a comfort food staple. At Thanksgiving, it’s a dish that celebrates culinary innovation across cultures. Rice and Beans Many families, especially those from Caribbean and Latin American backgrounds, add rice and beans to their Thanksgiving tables. This dish symbolizes resilience and is an homage to the food traditions of the African, Latin American, and Caribbean immigrants who brought it to the U. S. The flavors vary widely, from Puerto Rican arroz con gandules (rice with pigeon peas) to Cuban-style black beans, making it a flavorful tribute to the enduring strength of immigrant communities. Apple Pie Apple pie is synonymous with American culture, but its roots lie in England, where early colonists brought apple seeds and pie recipes. German immigrants added unique twists by incorporating streusel toppings, while Dutch immigrants popularized lattice-topped pies. Today, apple pie remains a symbol of American identity, showcasing how a simple recipe evolved to reflect the tastes of immigrants from different parts of Europe. Collard Greens and Gravy Collard greens, often stewed with turkey or ham, are a Thanksgiving staple for African-American families, especially in the South. This dish has West African roots, where leafy greens are commonly cooked in savory broths. African-American culinary traditions preserved these flavors, making collard greens and gravy a cherished symbol of the African diaspora's resilience and adaptability. Served alongside other Thanksgiving sides, this dish embodies the enduring impact of African-American cuisine. Each Thanksgiving dish is a flavorful tribute to the diverse immigrant influences that have enriched the holiday. As we gather to celebrate, these foods remind us of the resilience and cultural heritage of the communities that contributed to the American culinary landscape. This year, savor the history and legacy behind each bite and remember that Thanksgiving is not only a celebration of gratitude but also of the melting pot that makes the U. S. so unique. Whether it’s a tamale, a slice of pumpkin pie, or a scoop of collard greens, each dish on the Thanksgiving table tells a story—of migrations, blending traditions, and the shared joy of gathering around good food. --- - Published: 2024-10-11 - Modified: 2024-10-11 - URL: https://www.srlawpa.com/how-did-halloween-become-a-global-mosaic-of-cultural-traditions/ - Categories: Uncategorized Halloween is not just about costumes and candy; it's a vivid tapestry woven from countless cultural threads spanning the globe. This October, as we enjoy the spooky festivities, it's the perfect time to explore how Halloween embodies the spirit of immigration, bringing together traditions from various cultures to create the holiday we love today. Celtic Beginnings The roots of Halloween trace back over 2,000 years to the ancient Celtic festival of Samhain (pronounced "sow-in"). The Celts, who lived in the region now known as Ireland, the United Kingdom, and northern France, celebrated their new year on November 1. This day marked the end of summer and the harvest, and the beginning of the dark, cold winter, a time often associated with human death. Celts believed that on the night before the new year, the boundary between the worlds of the living and the dead became blurred. On the night of October 31, they celebrated Samhain, when it was believed that the ghosts of the dead returned to earth. To ward off roaming ghosts, the Celts lit bonfires and wore costumes, typically consisting of animal heads and skins. Roman Influence and the Blending of Traditions When the Roman Empire conquered the Celtic territories by the 1st century AD, they merged two of their autumnal festivals with Samhain: Feralia, a day in late October when the Romans traditionally commemorated the passing of the dead, and a day to honor Pomona, the Roman goddess of fruit and trees. The symbol of Pomona is the apple, which might explain the origin of "bobbing" for apples that is practiced today on Halloween. As the Roman and Celtic customs blended, the holiday began to evolve. By the 9th century, the influence of Christianity had spread into Celtic lands, gradually supplanting older pagan rites. November 1 was designated All Saints Day, a time to honor saints and martyrs, incorporating some traditions of Samhain. The evening before became known as All Hallows Eve, and later, Halloween. Irish Influence and its Journey to America Halloween reached America through waves of Irish immigrants fleeing the potato famine in the mid-19th century. They carried their traditions with them, and by the late 1800s, the holiday began to take on a distinctively American form. Communities celebrated the harvest, neighbors shared stories of the dead, told fortunes, danced, and sang. Halloween also became a time for pranks and mischief, a practice that has since softened into the trick-or-treating beloved by children—and candy manufacturers—everywhere. Cultures Shaping Halloween But Halloween’s immigration story doesn't end there. It continues to absorb elements from various cultures around the world. In Mexico, Día de los Muertos—the Day of the Dead—honors deceased loved ones with festivals and lively celebrations, which include the creation of altars to the dead, complete with offerings of flowers, food, and pictures. This celebration occurs around the same time as Halloween and has influenced American Halloween traditions, particularly in the southern states. In addition, from China comes the tradition of the Hungry Ghost Festival, where food and water are placed in front of photographs of departed family members, and lanterns are lit to guide their spirits back to earth. This, too, echoes in American Halloween, especially in the lanterns that light up porches each October 31. From the Italian All Souls’ Day, where families leave empty seats at the dinner table for deceased relatives, to the Polish festival of Zaduszki, where the living cover graves with flowers and candles, each of these traditions shares a common theme of honoring the dead, contributing further layers to our Halloween celebrations. A Cultural Mosaic: Halloween Today From the Irish jack-o’-lanterns, originally carved from turnips and potatoes, to adopted practices from Mexico, China, Italy, and Poland, Halloween is a perfect example of how immigration enriches cultural practices. Each group that has come to America brought its own beliefs and customs, contributing to a richer, more diverse celebration. As we don our costumes this Halloween, we celebrate not only the spooky season but also the rich cultural mosaic that immigration has built in America. Each mask, each costume, and each flickering jack-o'-lantern is a testament to the journey of traditions—from ancient Celtic harvest rites to modern American streets alive with trick-or-treaters. This Halloween, let’s celebrate the cultural convergence that defines not only a holiday but also our nation. --- - Published: 2024-09-25 - Modified: 2024-12-06 - URL: https://www.srlawpa.com/everything-you-need-to-know-about-u-s-citizenship/ - Categories: Uncategorized Becoming a U. S. citizen is a dream for millions of people worldwide. The process may appear daunting, but understanding the key steps can make it more manageable. In this blog post, we’ll break down the essentials of U. S. citizenship, from eligibility requirements to the naturalization process, and touch on the current state of immigration courts. Eligibility Requirements To qualify for U. S. citizenship, applicants must first meet specific eligibility criteria. This includes being at least 18 years old, having legal permanent resident status (a green card) for a minimum of five years (or three years if married to a U. S. citizen), and demonstrating continuous residence and physical presence within the United States. Additionally, applicants must exhibit good moral character and possess a basic understanding of the English language, as well as U. S. history and government. The Process The naturalization process involves several steps, beginning with the completion of Form N-400, Application for Naturalization. Once submitted, applicants will be called for a biometrics appointment to provide fingerprints and photographs, which are used for background checks. Following this, a citizenship interview is conducted where the applicant’s knowledge of U. S. civics is tested, and their application details are reviewed by a USCIS officer. If successful, the final step is the Oath of Allegiance ceremony, where the applicant pledges loyalty to the United States and officially becomes a U. S. citizen. Current Challenges However, the journey to citizenship is not without its challenges. The U. S. immigration system faces significant backlogs, contributing to extended wait times for applicants. According to Boundless, the latest data shows 3 million pending cases in immigration courts around the country at the start of 2024. This backlog can delay the processing time for many applications, making it important for applicants to stay informed and prepared for any potential delays. As the process can be lengthy and complex, seeking guidance from professionals like an immigration lawyer can also prove beneficial. Rights and Responsibilities U. S. citizenship entails a host of rights and responsibilities crucial for full participation in civic life. As citizens, individuals gain the right to vote in federal, state, and local elections, enhancing their influence over government decisions. They are also eligible for jury duty, playing a direct role in the judicial process. Additionally, U. S. passports allow citizens to travel internationally with the added security of assistance from U. S. embassies and consulates. Furthermore, certain federal jobs are exclusive to U. S. citizens, offering career opportunities that contribute to national governance and public welfare. While the road to U. S. citizenship can be complex and lengthy, understanding the requirements and steps involved can make the process more manageable. By meeting eligibility criteria, carefully following the naturalization process, and preparing for potential delays due to court backlogs, aspiring citizens can achieve their dream of becoming a U. S. citizen. With perseverance and dedication, the benefits of U. S. citizenship, including the right to vote and access to a wider range of employment opportunities, can be within reach. If you're in need of an immigration lawyer to assist you in the process of becoming a U. S. citizen, reach out to us today at Santana Residency Law, P. A. --- - Published: 2024-09-04 - Modified: 2024-09-04 - URL: https://www.srlawpa.com/10-influential-hispanic-immigrant-figures-in-the-u-s/ - Categories: Uncategorized Immigrants from around the world play a vital role in the United States, contributing to a vast and diverse array of fields. In honor of Hispanic Heritage Month, this article highlights ten influential Hispanic immigrants who have made significant contributions and reshaped their respective fields. Their work continues to inspire and influence our culture and society. These figures have impacted social justice, humanitarianism, literature, journalism, and media. Oscar de la Renta (1932–2014) Field: Fashion Designer Early Life and Background The iconic Dominican fashion designer was born in Santo Domingo on July 22, 1932, to a Dominican mother and a Puerto Rican father. As the only boy among seven children, his family encouraged him to pursue his passion for the arts from an early age. His love for the arts led him to Spain, where he studied at the Royal Academy of San Fernando. His transition from illustration to fashion began with clothing sketches he made for extra money in newspapers. Professional Achievements and Impact De la Renta’s fashion career started with designing for various fashion houses in Spain and apprenticing with couture designer Cristóbal Balenciaga, who became his mentor. This mentorship led him to Paris, where he worked as a couture assistant at Lanvin. In the 1960s, he moved to the U. S. to further his career, working with fashion houses such as Elizabeth Arden and Jane Derby, which he took over in 1965 after Derby’s death. He then joined Balmain, becoming the first Dominican designer at a French fashion house. Known for his elegant, romantic, and glamorous garments, De la Renta played a key role in defining American high fashion. His designs have graced first ladies, celebrities, and high-profile events such as the Oscars and the Met Gala. Advocacy and Legacy De la Renta’s work extended beyond fashion, supporting various causes like education, children’s health, and cultural development in his native Dominican Republic. He contributed to the La Casa del Niño orphanage in La Romana. His legacy epitomizes elegance and innovation, continuing to inspire designers and fashion enthusiasts worldwide. Sofia Vergara (1972–) Field: Actress and Entrepreneur Early Life and Background Born on July 10, 1972, in Barranquilla, Colombia, to a homemaker mother and a cattle rancher father, Vergara was one of five siblings. Initially studying pre-dentistry at the National University of Colombia, she shifted to modeling and show business to escape the violence in Colombia, which had affected her family. Professional Achievements and Impact Vergara was discovered while walking on the beach in Colombia, leading to offers in modeling and television. Her first commercial was a Pepsi ad at 17. After moving to the U. S. , she had guest roles in TV shows and films, with a breakthrough role as Gloria Delgado-Pritchett on Modern Family (2009–2020), which earned her critical acclaim and multiple award nominations. She received a star on the Hollywood Walk of Fame in 2015 and was nominated for a Primetime Emmy Award for her role in Griselda. Vergara has also launched successful businesses in beauty, fashion, and consumer goods. Advocacy and Legacy After a successful recovery from thyroid cancer in 2000, Vergara has used her platform for cancer awareness and support. She advocates for Latino communities, diversity, and education, uplifting underprivileged Latino youth with scholarships and resources. Vergara’s career spans media, philanthropy, and advocacy, making her a prominent figure in various fields. Jorge Ramos (1958–) Field: Journalist, Activist, Author Early Life and Background Born on March 16, 1958, in Mexico City, Ramos graduated in communications from the Universidad Iberoamericana in Mexico and earned a master’s degree in international studies from the University of Miami. In 2007, he received an honorary Doctor of Letters degree from the University of Richmond. Professional Achievements and Impact Ramos began his journalism career in Mexico but moved to the U. S. due to government censorship. He joined Univision in the mid-1980s, becoming a prominent anchor for Noticiero Univision. He has covered major historical events, including wars, the fall of the Berlin Wall, and the 9/11 attacks. Ramos is known for his direct style of interviewing and advocacy on behalf of undocumented individuals in the U. S. , earning multiple Emmy Awards and the Maria Moors Cabot Prize for journalism. Advocacy and Legacy Ramos uses his platform to highlight the challenges faced by undocumented individuals and advocates for Latino and immigrant rights. His confrontational interviewing style has made him a trusted figure in the Hispanic community, especially on issues of immigration, human rights, and Latino representation. Gloria Estefan (1957–) Field: Singer, Songwriter, Actor, Businesswoman Early Life and Background Cuban American Grammy Award-winning singer Gloria Estefan was born on September 1, 1957, in Havana, Cuba. Her family immigrated to the U. S. after the Cuban Revolution. Her father’s participation in the Bay of Pigs invasion and subsequent imprisonment influenced her early life. Estefan attended Our Lady of Lourdes Academy in Miami and earned a bachelor’s degree in psychology and a minor in French from the University of Miami. Professional Achievements and Impact In the mid-1970s, Estefan and her cousin Mercedes formed the Miami Latin Boys, later known as Miami Sound Machine. The group’s success was marked by hits like “Conga” and “Words Get in the Way. ” Estefan made a remarkable comeback after a serious bus accident with the album Into the Light. She has won eight Grammy Awards, been named one of the top 100 greatest artists of all time, and received the Presidential Medal of Freedom in 2015. In 2017, she was honored with the Kennedy Center Honors. Advocacy and Legacy Estefan supports various causes, including education, disaster relief, and health care. Her foundation, established in 1997, focuses on empowering underprivileged communities. Her influence in reshaping Latin culture in mainstream media and music is significant, making her a cultural icon. Eugenio Derbez (1961–) Field: Actor, Comedian, Director, Producer Early Life and Background Born on September 2, 1961, in Mexico City, Derbez grew up in an artistic family and studied at Televisa Acting School and the Mexican Institute of Cinematography and Theater. Professional Achievements and Impact Derbez gained popularity in Mexico with shows like Al Derecho y Al Derbez and La Familia P. Luche. His film Instructions Not Included (2013) became the highest-grossing Spanish-language film in the U. S. He has also voiced Donkey in the Spanish versions of the Shrek franchise and received a star on the Hollywood Walk of Fame in 2016. Advocacy and Legacy Derbez advocates for social and environmental causes, including animal rights, climate change, and immigrant rights. His contributions to entertainment and advocacy have made him a beloved figure both in the Hispanic community and Hollywood. Carolina Herrera (1939–) Field: Fashion Designer Early Life and Background Born on January 8, 1939, in Caracas, Venezuela, Herrera grew up in a socially prominent family. Her grandmother’s influence sparked her interest in fashion. Professional Achievements and Impact Herrera began her fashion career in the 1960s as a publicist for Emilio Pucci. She moved to New York City in the 1980s and launched her first collection with great success. Known for her sophisticated and elegant designs, she expanded into bridal wear and launched a successful fragrance line. In 2008, she received the Lifetime Achievement Award from the CFDA. Advocacy and Legacy The Carolina Herrera brand is a global fashion empire known for its sophistication and timeless appeal. Herrera supports causes related to cancer research, education, and the arts, collaborating with organizations like the American Cancer Society and St. Jude Children’s Research Hospital. Ana de Armas (1988-) Field: Actress Early Life and Background Ana de Armas was born on April 30, 1988, in Havana, Cuba. From a young age, she was passionate about acting and attended the National Theatre School of Cuba. Her early career began with roles in Cuban television and film, but her ambition led her to seek opportunities beyond her homeland. Professional Achievements and Impact In 2014, de Armas moved to Spain, where she continued to build her career and gained fame for her roles in Spanish-language films and television series, such as "El Internado. " Her success in Spain paved the way for her move to the United States later that year to pursue opportunities in Hollywood. Her breakthrough in Hollywood came with her role in the critically acclaimed film "Knives Out" (2019), which earned her widespread recognition. She has since starred in a range of successful films, including "No Time to Die" (2021) and "Deep Water" (2022), showcasing her versatility and talent. Advocacy and Legacy Ana de Armas is celebrated not only for her acting skills but also for her role in breaking barriers for Latin American actresses in Hollywood. Her success has paved the way for more diverse representation in the film industry. De Armas continues to use her platform to advocate for greater diversity and inclusion within the entertainment industry, inspiring a new generation of actors from Latin America. Ileana Ros-Lehtinen (1952–) Field: Former United States Representative Early Life and Background Born on July 15, 1952, in Havana, Cuba, Ros-Lehtinen emigrated to the U. S. with her family. She earned her Bachelor of Arts in Education and Master of Arts in Educational Leadership from Florida International University and her Ed. D. in higher education administration from the University of Miami. Professional Achievements and Impact Ros-Lehtinen was the first Hispanic woman elected to the U. S. House of Representatives in 1989, serving Florida’s 27th Congressional District. She became a prominent advocate for issues including education reform, human rights, and environmental protection. Her legislative work includes significant contributions to U. S. -Cuban relations and the protection of LGBT rights. Advocacy and Legacy Ros-Lehtinen’s political career and advocacy for diverse causes have made her a trailblazer in U. S. politics. Her leadership and impact on legislation, particularly in support of the Hispanic and LGBT communities, continue to influence American politics. José Ramón Andrés (1969–) Field: Chef, Restaurateur, Humanitarian Early Life and Background José Ramón Andrés, renowned for his culinary expertise, was born on July 13, 1969, in Mieres, Asturias, Spain. His passion for cooking emerged early, leading him to enroll in the Escuela Superior de Hostelería in Barcelona at the age of fifteen. At eighteen, Andrés fulfilled his military service by cooking for an admiral. He honed his skills at the prestigious El Bulli restaurant for three years before moving to the United States in 1990. Professional Achievements and Impact Upon arriving in New York City, Andrés worked in several fine dining establishments before taking the helm at Jaleo in Washington, D. C. He subsequently opened additional restaurants across the U. S. , gaining acclaim both in America and Spain. His success led to a television show, Vamos a Cocinar, which premiered in 2005. That year, Andrés also published his first cookbook, Tapas: A Taste of Spain in America. His innovative approach to cooking, which integrates scientific principles to create new flavors and textures, has earned him a reputation for creativity. Andrés has taught culinary physics at Harvard University and a course on how food shapes civilization at George Washington University. Recognized for his contributions, he has been named one of Time Magazine’s 100 Most Influential People and received the James Beard Foundation Award for Humanitarian of the Year. Advocacy and Legacy Andrés is celebrated for his humanitarian efforts through his non-profit organization, World Central Kitchen (WCK). WCK provides meals to those affected by natural disasters and crises. The organization has been active in numerous disaster relief efforts, including the 2010 earthquake in Haiti, Hurricane Maria in Puerto Rico, and the crisis in Ukraine. Andrés’s work has significantly impacted both the culinary world and humanitarian efforts, demonstrating the transformative power of food in addressing global challenges. Raffi Freedman-Gurspan (1987–) Field: Activist Early Life and Background Raffi Freedman-Gurspan was born on May 3, 1987, to an Indigenous family in Intibucá, Honduras. She was adopted by an American Jewish family and raised in Massachusetts. Freedman-Gurspan earned a Bachelor of Arts in Political Science from St. Olaf College in 2009. During her junior year, she studied international law with a focus on human rights and gender equality at the University of Oslo Faculty of Law. Professional Achievements and Impact After graduation, Freedman-Gurspan joined the Massachusetts Transgender Political Coalition (MTPC), where she worked on policy and legislative issues. In 2011, she made history as the first openly transgender legislative staffer at the Massachusetts State House, playing a crucial role in passing the transgender civil rights bill. In August 2015, Freedman-Gurspan was appointed by President Barack Obama as the Outreach and Recruitment Director in the Presidential Personnel Office, becoming the first openly transgender person to serve as a White House staffer. Advocacy and Legacy Freedman-Gurspan has been a prominent advocate for LGBTQ+ rights, focusing on inclusion and equality. Her work continues to influence the LGBTQ+ rights movement and promote social justice. Her dedication to advancing equality has established her as a leading figure in the fight for LGBTQ+ rights and broader social justice issues. While this list highlights only a few of the many influential Hispanic immigrants who have left their mark on American society, their stories represent a broader spectrum of how immigrant talent and vision continue to shape and enrich American culture. Each of these individuals exemplifies the profound impact that Hispanic immigrants have on diverse fields and the ways in which their contributions enhance and influence the fabric of the U. S. today. Their achievements underscore the rich diversity and the enduring legacy of Hispanic immigrants in shaping the American experience. --- - Published: 2024-08-23 - Modified: 2024-12-06 - URL: https://www.srlawpa.com/understanding-the-different-types-of-immigrant-visas/ - Categories: Immigration, Uncategorized Navigating the U. S. immigration system can be a complex and overwhelming process, especially when it comes to understanding the various types of immigrant visas. Immigrant visas are designed for individuals who wish to live permanently in the United States. These visas can lead to lawful permanent residency, commonly known as obtaining a green card. Given the intricate nature of immigration law, it’s crucial to seek guidance from a citizenship lawyer who can provide expert assistance in selecting the right visa category and navigating the application process. According to IBISWorld, there are 52,995 people employed in the Immigration lawyers and attorneys industry in the U. S. as of 2023, highlighting the importance and accessibility of professional legal support in this field. Family-Based Immigrant Visas Family ties are one of the primary pathways through which individuals can obtain an immigrant visa. Family-based immigrant visas allow U. S. citizens and lawful permanent residents to sponsor their relatives for permanent residency in the United States. These visas are categorized into two main types: Immediate Relative Immigrant Visas: These visas are available to close family members of U. S. citizens, including spouses (IR-1), unmarried children under 21 years of age (IR-2), and parents of U. S. citizens who are at least 21 years old (IR-5). Immediate relative visas are not subject to annual numerical limits, making them a faster route to obtaining a green card compared to other visa categories. Family Preference Immigrant Visas: These visas are for more distant relatives of U. S. citizens and lawful permanent residents. The categories include: F1: Unmarried sons and daughters of U. S. citizens F2A: Spouses and children of lawful permanent residents F2B: Unmarried sons and daughters (21 years or older) of lawful permanent residents F3: Married sons and daughters of U. S. citizens F4: Siblings of U. S. citizens Employment-Based Immigrant Visas Employment-based immigrant visas are another significant pathway for individuals seeking permanent residency in the United States. These visas are granted to individuals who possess specific skills, qualifications, or job offers from U. S. employers. The employment-based visa categories are divided into five preference levels: EB-1: Priority Workers: This category is for individuals with extraordinary abilities in fields such as science, arts, education, business, or athletics. It also includes outstanding professors and researchers, as well as multinational executives and managers. EB-1 visas are highly sought after and are not subject to the same labor certification process required for other employment-based visas. EB-2: Professionals with Advanced Degrees or Exceptional Ability: This category is for individuals who hold advanced degrees or possess exceptional abilities in their professional fields. Applicants in this category must demonstrate that their skills will significantly benefit the U. S. economy, culture, or educational interests. A citizenship lawyer can assist in gathering the necessary documentation to prove these qualifications. EB-3: Skilled Workers, Professionals, and Other Workers: This category is for individuals with at least two years of work experience or a bachelor’s degree. It also includes unskilled workers who perform jobs for which there are not enough qualified U. S. workers. The EB-3 category requires a labor certification, where the U. S. employer must prove that no qualified U. S. workers are available for the position. Understanding the different types of immigrant visas is essential for anyone seeking to live permanently in the United States. Each visa category has its own set of requirements, benefits, and challenges, making the guidance of a citizenship lawyer invaluable. With nearly 53,000 immigration lawyers and attorneys in the U. S. , finding the right legal support can make a significant difference in successfully navigating the complex immigration process and securing permanent residency. Whether pursuing a family-based or employment-based, expert legal counsel is key to achieving your immigration goals. Get in touch with our team at Santana Residency Law, P. A. to hire a citizenship lawyer. --- - Published: 2024-08-22 - Modified: 2024-08-22 - URL: https://www.srlawpa.com/how-is-technology-shaping-the-modern-immigration-process/ - Categories: Uncategorized As technology continues to evolve at an unprecedented pace, its influence on various aspects of life becomes increasingly apparent. One area where this impact is profoundly felt is in the immigration process. While technology brings a myriad of benefits, it also presents new challenges that must be carefully navigated. In this article, we explore how advancements in technology are reshaping the immigration process, enhancing efficiency while also raising significant concerns. Artificial Intelligence and the Immigration Process Artificial Intelligence (AI) is revolutionizing how immigration authorities manage their responsibilities. AI systems enable authorities to allocate resources more effectively, ensuring border safety and improving overall efficiency. By learning and applying complex algorithms, AI can analyze migration trends, identify potential security threats, and streamline data processing. This capability is especially valuable in addressing the growing backlog of cases faced by courts and immigration agencies. AI also plays a crucial role in reducing errors, detecting fraud, and enhancing document verification through digital signatures. Additionally, AI-powered machines can identify suspicious documents and images, translating them to overcome language barriers—a critical function in the globalized world of immigration. Challenges: Despite its advantages, AI in immigration is not without its challenges. Concerns about the accuracy of threat detection, data integrity, and the potential for AI systems to perpetuate bias and discrimination are significant. These issues highlight the need for continuous oversight and improvement in AI applications. USCIS and the Use of Technology The U. S. Citizenship and Immigration Services (USCIS) has increasingly embraced technology to improve the efficiency and accuracy of its operations. One of the key advancements is the implementation of online application systems, which allow applicants to submit forms, upload documents, and track their case status in real time. This digitization has not only sped up the processing time for many applications but also reduced the likelihood of errors and lost paperwork. USCIS has also integrated AI tools to assist in the initial screening of applications. These tools help to identify incomplete or inaccurate submissions, reducing the need for manual review and expediting the overall process. Additionally, USCIS has begun using electronic notifications to keep applicants informed about the status of their cases, providing greater transparency and reducing the need for follow-up inquiries. Challenges: Despite these technological advancements, there are concerns about the accessibility of digital platforms for certain populations, including those with limited internet access or digital literacy. Additionally, the reliance on automated systems raises questions about the potential for errors in decision-making and the need for human oversight to ensure fairness. Technology in the Immigration Courts The immigration court system has also seen significant technological advancements, particularly in response to the growing backlog of cases. Virtual hearings, which became more common during the COVID-19 pandemic, have allowed courts to continue processing cases without the need for in-person appearances. This has been particularly beneficial in reducing delays and ensuring that cases are heard in a timely manner. In addition to virtual hearings, immigration courts have begun using electronic case management systems, which allow for the digital filing of documents and real-time tracking of case statuses. This shift towards digital case management has improved the efficiency of the courts and reduced the administrative burden on court staff. Challenges: However, the move to virtual hearings and electronic case management has not been without its challenges. Technical difficulties, such as poor internet connections and unfamiliarity with digital platforms, can disrupt proceedings and impact the fairness of hearings. There are also concerns about the potential for digital systems to exacerbate existing inequalities, particularly for individuals who may not have access to the necessary technology. Biometric Technology and Data Biometric technologies, including facial recognition and fingerprint scanning, are now integral to modern immigration systems. These tools are crucial for the rapid and accurate identification of travelers and immigrants, particularly in high-risk areas. By expediting the identification process, biometric systems help manage the flow of people through border crossings, reducing congestion and enhancing security. Challenges: However, biometric systems are not infallible. Technical glitches and issues with recognizing individuals of varying complexions can undermine the effectiveness of these technologies. Furthermore, the ethical implications of using biometric data—especially in children—raise important questions. How young is too young to be subjected to biometric screening, and how should this data be managed as individuals grow and change? Border Security and Surveillance Technological advancements have significantly bolstered border security efforts. From image identification and verification to asylum fraud detection, technology is now a key component of U. S. Customs and Border Protection (CBP) operations. Unmanned aerial vehicles (UAVs), commonly known as drones, are employed for surveillance over large border areas, providing real-time detection of illegal crossings, particularly in remote regions. Challenges: While these technologies offer substantial benefits, they also come with potential drawbacks. Issues such as maintenance, misuse, false alarms, sensor malfunctions, and delays in detection can compromise the effectiveness of these systems. Additionally, the reliance on technology raises questions about the potential for technical failures that could have serious consequences. Privacy and Security Concerns As the use of technology in immigration increases, so do concerns about privacy and civil rights for both Americans and immigrants. There is an ongoing debate about whether these systems are inherently biased or inaccurate, potentially leading to discriminatory practices that disproportionately affect minority groups. Ensuring that these technologies are used fairly and ethically is a critical challenge that must be addressed. While the integration of technology into the immigration process offers significant benefits, including increased efficiency, enhanced security, and reduced fraud, it also introduces a range of challenges. Issues related to privacy, accuracy, bias, and the ethical use of biometric data must be carefully managed to ensure that technological advancements serve the best interests of all individuals involved. As we move forward, it is essential to strike a balance between technological innovation and the protection of human rights, ensuring that the immigration process remains fair, transparent, and just for all. --- - Published: 2024-08-21 - Modified: 2024-12-06 - URL: https://www.srlawpa.com/understanding-the-support-an-asylum-lawyer-can-provide/ - Categories: Immigration, Uncategorized Navigating the asylum process can be a daunting journey if done alone. An asylum lawyer plays a crucial role in guiding applicants through this intricate process, ensuring they have the best chance for a successful outcome. Here’s a comprehensive look at the various ways asylum attorneys can lend their support. Expertise in Immigration Law Asylum lawyers possess specialized knowledge and experience in immigration law. They understand the nuances of asylum regulations, the requirements for eligibility, and the latest changes in immigration policies. This expertise enables them to offer precise legal advice tailored to each applicant’s unique circumstances. By staying current with legal precedents and procedural updates, asylum lawyers ensure their clients' cases are built on a solid legal foundation. Thorough Case Preparation One of the primary roles of an asylum lawyer is to prepare a comprehensive and compelling case. This involves gathering and organizing evidence that supports the applicant's claim of persecution or fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. These legal professionals assist in collecting relevant documents, such as medical records, police reports, affidavits, and country condition reports. They also help in preparing a detailed personal statement that clearly articulates the applicant’s experiences and fears. Legal Representation Asylum lawyers provide representation during interviews and court hearings. The asylum process often includes a credible fear interview and an asylum interview with an asylum officer. If the case is referred to an immigration judge, a court hearing will follow. An experienced lawyer prepares applicants for these critical interactions, ensuring they understand the questions that will be asked and the best ways to respond. During hearings, the lawyer advocates on behalf of the applicant, presenting evidence, cross-examining witnesses, and making legal arguments to support the case. Emotional Support and Advocacy Applying for asylum is often an emotionally charged experience, as applicants recount traumatic events and confront the fear of being sent back to a dangerous environment. Asylum lawyers provide not only legal support but also emotional support. They listen empathetically to their clients’ stories and offer reassurance throughout the process. This compassionate approach helps build a trusting relationship, allowing applicants to feel more confident and less isolated. Access to Resources and Networks Experienced asylum lawyers often have access to a network of resources and professionals that can bolster an applicant’s case. This network might include expert witnesses, country condition researchers, psychologists, and social workers. When you work with an asylum lawyer Miami counts on, you can expect comprehensive support that addresses both the legal and personal aspects of an asylum claim. Tailored Legal Strategies Every asylum case is unique, and a one-size-fits-all approach rarely works. Asylum lawyers develop tailored legal strategies that take into account the specific details of each case. They identify the strongest aspects of the claim and focus on those points to build a persuasive argument. Whether it’s highlighting past persecution or demonstrating a well-founded fear of future persecution, lawyers craft a strategy that maximizes the chances of success. The support of an asylum lawyer can make a significant difference in the outcome of an asylum application. Only 37% of all immigrants and 14% of detained immigrants go to court with lawyers on their side, according to the American Immigration Council. To find an asylum lawyer Miami depends on, turn to the team at Santana Residency Law, P. A. We're here to guide you through your case and support you with our expertise. --- - Published: 2024-07-25 - Modified: 2025-06-17 - URL: https://www.srlawpa.com/why-you-need-an-immigration-lawyer/ - Categories: Immigration, Uncategorized Navigating the U. S. immigration system is often described as one of the most challenging legal processes, even for those with a strong grasp of the English language and legal concepts. Whether you are seeking to obtain a visa, apply for a green card, or become a U. S. citizen, the journey is fraught with complex laws, strict deadlines, and intricate paperwork. This is where an immigration lawyer becomes an invaluable asset, guiding you through the legal maze with expertise and precision. In Florida alone, according to Avvo, there are 2,402 immigration lawyers, reflecting the high demand for these specialized legal services. The Complexity of U. S. Immigration Law U. S. immigration law is notoriously complex, encompassing a wide range of issues, from family-based immigration and employment visas to asylum, deportation defense, and naturalization. The laws are constantly changing, with new policies and regulations being implemented regularly. Keeping up with these changes can be overwhelming, especially for those unfamiliar with legal jargon and procedures. An immigration lawyer is trained to navigate this complexity, ensuring that you understand your options and that your case is handled correctly from start to finish. Ensuring Accuracy and Completeness of Documentation One of the most critical aspects of any immigration case is the accuracy and completeness of the documentation submitted to U. S. Citizenship and Immigration Services (USCIS) or other government agencies. Even a small error, such as a misspelled name or an incorrect date, can result in significant delays or even the denial of your application. An immigration lawyer is meticulous in preparing and reviewing all necessary documents, ensuring that everything is in order before submission. They will guide you in gathering the required evidence, such as birth certificates, marriage licenses, or employment records, and help you prepare any statements or affidavits needed to support your case. Representation Before Government Agencies and in Court In some cases, you may be required to appear before an immigration judge or attend interviews with USCIS officers. These proceedings can be intimidating, especially if you are not familiar with the legal process or if English is not your first language. Having an immigration lawyer by your side provides you with the confidence and legal expertise needed to present your case effectively. Your lawyer can represent you in court, advocate on your behalf, and negotiate with government officials to achieve the best possible outcome. Their presence alone can make a significant difference, as they know how to navigate the legal system and present your case in the most favorable light. An immigration lawyer is an essential partner in your journey through the U. S. immigration system. With their expertise in navigating complex laws, ensuring the accuracy of documentation, representing you in legal proceedings, and providing tailored legal advice, an immigration lawyer can significantly increase your chances of a successful outcome. Whether you are in Florida or elsewhere in the U. S. , the guidance and support of an experienced immigration lawyer can make all the difference in achieving your immigration goals. Get in touch with our team at Santana Residency Law, P. A. to get the representation you may need. --- - Published: 2024-07-16 - Modified: 2025-06-17 - URL: https://www.srlawpa.com/top-qualities-to-look-for-in-an-immigration-lawyer/ - Categories: Immigration When navigating the complex and often stressful terrain of immigration law, finding the right lawyer can make all the difference. With so many options available—17,558 immigration lawyers and attorneys businesses in the U. S. as of 2023, according to IBISWorld—how do you choose the best one for your needs? If you’re seeking representation in a bustling and diverse city like Miami, you’ll want to look for specific qualities that can set an excellent immigration lawyer apart from the rest. Here are the top qualities to look for in a Miami immigration lawyer. Expertise and Experience First and foremost, a good Miami immigration lawyer should have extensive expertise and experience in the field of immigration law. Immigration law is complex and ever-changing, with frequent updates to policies and regulations. An experienced lawyer who stays current with these changes will be better equipped to handle your case. Look for lawyers who have been practicing Miami immigration law for several years and have a proven track record of successful outcomes in cases similar to yours. Specialized Knowledge Within the realm of immigration law, there are many sub-specialties, such as family-based immigration, employment-based visas, deportation defense, and asylum. When searching for a lawyer, ensure they have specialized knowledge relevant to your specific needs. For instance, if you’re seeking an employment-based visa, a lawyer with extensive experience in that area will be invaluable. Excellent Communication Skills Effective communication is crucial in legal matters, and immigration law is no exception. Your lawyer should be able to explain complex legal terms and procedures in a way that you can understand. They should also be responsive to your questions and concerns, keeping you informed about the progress of your case. A lawyer who communicates well will help alleviate some of the stress and uncertainty that often accompany immigration issues. Cultural Sensitivity and Multilingual Abilities Miami is a diverse city with a significant immigrant population from Latin America, the Caribbean, and beyond. A Miami immigration lawyer with cultural sensitivity and multilingual abilities can be a tremendous asset. Understanding cultural nuances and speaking your native language can help ensure clear communication and a more comfortable attorney-client relationship. Strong Ethical Standards Integrity and ethical behavior are essential qualities in any lawyer. A reputable Miami immigration lawyer should adhere to the highest ethical standards, providing honest assessments of your case and avoiding any actions that could jeopardize your legal standing. They should also be transparent about their fees and any potential costs associated with your case. Client Testimonials and References Finally, when choosing a professional from one of the local immigration law firms in Miami, consider their reputation among past clients. Positive testimonials and references can provide valuable insight into the lawyer’s competence and client satisfaction. Don’t hesitate to ask for references or look for reviews online to get a sense of the lawyer’s reputation. By focusing on these attributes, you can ensure that you select a lawyer who is well-equipped to handle your immigration needs effectively. With the right lawyer by your side, navigating the complexities of Miami immigration law can become a more manageable and less daunting experience. Get in touch with our team at Santana Residency Law, P. A. if you need representation. --- - Published: 2024-06-25 - Modified: 2025-06-17 - URL: https://www.srlawpa.com/beginners-guide-to-immigration-law/ - Categories: Immigration, Uncategorized Miami, FL is known for its diverse cultural landscape, making it a unique hub for immigrants from around the world. Navigating the complexities of immigration law can be challenging, but understanding the basics can help you or your loved ones successfully manage the process. This guide covers essential aspects of immigration law. Understanding Immigration Law Immigration law governs the entry, stay, and removal of individuals who are not citizens of the United States. The U. S. Citizenship and Immigration Services (USCIS) is the federal agency responsible for overseeing immigration processes. An immigration lawyer in Kendall and Miami can assist with various aspects of immigration law. Types of Visas Visas are essential for non-citizens who wish to enter the United States. There are two main categories of visas: nonimmigrant and immigrant. Nonimmigrant Visas Nonimmigrant visas are for individuals who intend to stay in the U. S. temporarily. Common types include: Tourist Visas (B-1/B-2): For visitors traveling for business (B-1) or tourism/pleasure (B-2). Student Visas (F-1, M-1): For individuals enrolled in academic (F-1) or vocational (M-1) programs. Work Visas (H-1B, L-1): For temporary employment in specialized fields (H-1B) or intra-company transferees (L-1). Immigrant Visas Immigrant visas are for individuals who intend to live permanently in the U. S. These include: Family-Based Visas: For close relatives of U. S. citizens or lawful permanent residents. Employment-Based Visas: For individuals sponsored by employers based on their skills or job offers. Diversity Visa Lottery: For individuals from countries with low rates of immigration to the U. S. Obtaining a Green Card A green card grants lawful permanent residency, allowing individuals to live and work in the U. S. permanently. When it comes to immigration law, there are several pathways to obtaining a green card, including: Family Sponsorship: U. S. citizens can sponsor immediate relatives, such as spouses, children, and parents, while lawful permanent residents can sponsor spouses and unmarried children. Employment Sponsorship: Employers can sponsor employees for green cards based on their job qualifications and the needs of the company. This process often involves labor certification to prove that no qualified U. S. workers are available for the position. Asylum and Refugee Status: Individuals fleeing persecution in their home countries may be eligible for asylum or refugee status, leading to permanent residency. Special Categories: Certain individuals, such as victims of trafficking or crime, may qualify for special immigrant visas under specific programs. Path to Citizenship Becoming a U. S. citizen provides numerous benefits, including the right to vote, run for public office, and receive government benefits. The primary path to citizenship is naturalization. To apply for naturalization with the help of an immigration lawyer in Kendall and Miami, individuals must: Hold a Green Card: Be a lawful permanent resident for at least five years (or three years if married to a U. S. citizen). Meet Residency Requirements: Have continuous residence and physical presence in the U. S. Demonstrate Good Moral Character: Have a clean criminal record and demonstrate good moral character. Pass the Citizenship Test: Pass an English and civics test covering U. S. history and government. Take the Oath of Allegiance: Swear allegiance to the United States in a formal ceremony. Legal Assistance Navigating immigration law can be complex, and seeking professional legal assistance is often crucial. An immigration lawyer in Kendall and Miami specializes in various aspects of immigration law and can provide guidance, help with paperwork, and represent clients in legal proceedings. When selecting an immigration attorney, consider their experience, specialization, and reputation. Understanding aspects of immigration law is essential for anyone navigating the complex process of obtaining visas, green cards, or citizenship. With 2,402 immigration lawyers in Florida, according to Avvo, know that you can trust our immigration lawyer in Kendall and Miami. Turn to our team at Santana Residency Law, P. A. for experienced legal assistance today. --- - Published: 2024-06-20 - Modified: 2024-08-14 - URL: https://www.srlawpa.com/know-about-usa-immigration-law/ - Categories: Immigration, Uncategorized Immigration law in the United States is a complex and multifaceted legal area that governs who can enter the country, how long they can stay, and the process they must go through to become lawful permanent residents or citizens. If you’re seeking to understand immigration law when searching for an immigration lawyer in Kendall and Miami, it’s essential to first grasp the broader context of immigration law in Florida and the United States. This guide provides a comprehensive overview of what you need to know about immigration law. Overview of U. S. Immigration Law U. S. immigration law is primarily governed by federal statutes and regulations. The main body of law that addresses immigration is the Immigration and Nationality Act (INA). This act covers various aspects of immigration, including visa categories, asylum, deportation, and the naturalization process. Visa Categories The INA establishes several categories of visas for different purposes, such as employment, family reunification, education, and tourism. Major visa types include: Family-Sponsored Visas: These are available to immediate relatives of U. S. citizens, such as spouses, children, and parents. Employment-Based Visas: These are categorized into various preference levels based on the skill set and job requirements, from highly skilled workers to temporary agricultural workers. Student Visas: F-1 visas allow international students to study at accredited U. S. institutions. Tourist Visas: B-1/B-2 visas are for short-term business or leisure visits. Green Cards and Permanent Residency Obtaining a green card allows immigrants to reside permanently in the United States. There are several pathways to a green card: Family-Based Green Cards: Immediate relatives of U. S. citizens, such as spouses, children, and parents, can apply for family-based green cards. Employment-Based Green Cards: Workers with certain skills, professionals with advanced degrees, and investors can qualify for employment-based green cards. Diversity Visa Lottery: Each year, the Diversity Visa Lottery grants green cards to individuals from countries with low immigration rates to the U. S. Asylum and Refugee Status Individuals fleeing persecution in their home countries can seek asylum in the United States with help from an immigration lawyer in Kendall and Miami. If granted, they can apply for permanent residency and eventually citizenship. Refugee status is similar but must be sought from outside the U. S. Deportation and Removal Proceedings The U. S. government has the authority to deport individuals who violate immigration laws. Common reasons include overstaying a visa, committing a crime, or entering the country illegally. Removal proceedings are conducted by immigration courts under the jurisdiction of the Department of Justice. Immigration law outlines several defenses against deportation, including: Cancellation of Removal: For certain non-citizens who have been in the U. S. for an extended period and meet specific criteria. Asylum: Individuals fearing persecution in their home countries can apply for asylum to prevent deportation. Waivers of Inadmissibility: Certain waivers are available for individuals who can demonstrate that their removal would cause extreme hardship to a U. S. citizen or permanent resident family member. Naturalization Naturalization is the process by which non-citizens can become U. S. citizens. It generally requires a period of lawful permanent residency, good moral character, and passing a citizenship test that covers English language proficiency and U. S. civics. Understanding immigration law, including immigration law, requires navigating a complex web of federal regulations, local considerations, and individual circumstances. Whether you’re seeking a visa, facing deportation, or pursuing citizenship, the right legal guidance can make a significant difference in achieving a favorable outcome. For anyone in Kendall, Miami, or the surrounding areas dealing with immigration matters, consulting with an experienced immigration lawyer in Kendall and Miami is a critical step toward securing your future in the United States. --- - Published: 2024-06-19 - Modified: 2024-06-19 - URL: https://www.srlawpa.com/que-es-el-anuncio-de-alivio-afirmativo-del-presidente-biden/ - Categories: Uncategorized El 18 de junio de 2024, el presidente Biden anunció una serie de acciones de inmigración utilizando la autoridad que le otorgan las leyes migratorias existentes. Estas acciones ayudarán a ciertas personas indocumentadas en los Estados Unidos, incluyendo: Cónyuges e hijos(as) de ciudadanos(as) estadounidenses que hayan estado viviendo en los Estados Unidos durante al menos 10 años. Usted puede ser elegible para solicitar su residencia permanente (también conocida como tarjeta verde o green card) sin salir de los Estados Unidos si cumple con estas condiciones a partir del 17 de junio de 2024: Se encuentra en los Estados Unidos después de haber ingresado sin permiso; Ha vivido en los Estados Unidos durante al menos 10 años y nunca ha salido del país; Está legalmente casado con un(a) ciudadano(a) estadounidense o tiene una relación de hijastro con un ciudadano estadounidense; y No tiene ciertos antecedentes criminales ni representa una amenaza para la seguridad nacional o la seguridad pública. Si cumple con estos criterios, el gobierno PODRÍA otorgarle permiso de permanencia temporal (“parole- in-place”) El permiso de permanencia temporal se concedería por un período único de tres años. También podría ser elegible para un permiso de trabajo por hasta tres años. Si se le concede el permiso de permanencia temporal (“parole-in-place”), puede solicitar su tarjeta verde dentro de los tres años siguientes a su aprobación. La elegibilidad se determina según cada caso. Beneficiarios de DACA con estudios universitarios y Soñadores (Dreamers) que reúnen los requisitos para obtener un estatus de no inmigrante, como una visa de ocupación especializada H-1B. Puede ser elegible para solicitar una visa temporal más fácilmente si: Tiene un título de una institución de educación superior acreditada en los EE. UU. ; y Tiene una oferta de empleo de un empleador estadounidense en un campo relacionado con su carrera. Tenga en cuenta que estos programas TODAVÍA NO han comenzado. Se espera que los detalles sobre cómo presentar la solicitud se publiquen a fines del verano mediante una notificación en el Registro Federal (Federal Register). Esto significa que: Todavía NO PUEDE presentar una aplicación en este momento. Se RECHAZARÁ toda solicitud presentada con anticipación. NO DEBE pagarle a nadie una tarifa asociada con la presentación de una solicitud en este momento. TENGA PACIENCIA y tómese el tiempo para encontrar la ayuda adecuada. El asesoramiento incorrecto podría perjudicar sus posibilidades de permanecer en los Estados Unidos, obtener un estatus legal o convertirse en ciudadano estadounidense. NO SE DEJE ENGAÑAR por notarios y otros consultores que prometen resultados inmediatos o soluciones especiales que sólo buscan robarle su dinero. ¡Muchas personas inescrupulosas le cobrarán más que los abogados licenciados! Si no está seguro de si alguien esté calificado para ayudarlo, solicite una prueba de sus credenciales y conserve una copia de esa evidencia. Aprende más en https://stopnotariofraud. org. Este programa también podría ser impugnado legalmente, lo que podría afectar su implementación. Esto hace que sea aún más importante tener un abogado calificado y muy bien informado. Le recomendamos que se comunique con nuestra oficina al 305-916-4800 si tiene alguna pregunta. Esta hoja informativa solo es para brindar información general y no constituye asesoramiento legal. No debe actuar ni confiar en la información contenida en esta hoja informativa sin buscar el asesoramiento de un abogado de inmigración competente y con licencia. --- - Published: 2024-06-19 - Modified: 2024-06-19 - URL: https://www.srlawpa.com/what-is-the-affirmative-relief-announcement/ - Categories: Uncategorized On June 18, 2024, President Biden announced a series of immigration actions using the authority granted to him by our existing immigration laws. These actions will help certain undocumented individuals in the United States, including: Spouses and children of U. S. citizens who have been living in the United States for at least 10 years. You may be eligible to apply for your green card without leaving the United States, if, as of June 17, 2024: You are in the United States after entering without permission; You have lived in the United States for at least 10 years and have never left; You are legally married to a U. S. citizen or have a qualifying stepchild relationship with a U. S. citizen; and You do not have certain criminal history or pose a threat to national security or public safety. If you meet these criteria, the government MAY grant you parole-in-place. Parole would be granted for a one-time period of three years. You may also be eligible for employment authorization for up to three years. If you are granted parole, you may apply for your green card within three years of approval. Eligibility is determined on a case-by-case basis. College-educated DACA recipients and Dreamers who are qualified for nonimmigrant status, such as an H-1B specialty occupation visa. You may be eligible to apply for a temporary visa more easily, if: You have a degree from an accredited U. S. institution of higher education; and You have an offer of employment from a U. S. employer in a field related to your degree. Please note that these programs have NOT YET begun. Details on how to apply are expected to be released by the end of the summer through a Federal Register notice. This means: You CANNOT submit an application at this time. An early-filed application WILL BE REJECTED. You SHOULD NOT pay anyone a fee associated with filing an application at this time. BE PATIENT and take the time to find the right help. The wrong advice could harm your chances of staying in the United States, getting lawful status, or becoming a U. S. citizen. DON’T BE FOOLED by notarios and other consultants who promise immediate results or special solutions in order to steal your money. Many unscrupulous individuals will cost more than licensed attorneys! If you are unsure if someone is qualified to help, ask for proof of their credentials and retain a copy of that evidence. This program could also be legally challenged, which could impact its implementation. This makes it even more important to have a qualified, knowledgeable attorney. We encourage you to contact our office at 305-916-4800 if you have any questions. This flyer is intended for general information purposes only and does not constitute legal advice. You should not act or rely on any information in this flyer without seeking the advice of a competent, licensed immigration attorney. --- - Published: 2023-11-06 - Modified: 2025-06-17 - URL: https://www.srlawpa.com/hiring-paralegal/ - Categories: Uncategorized We're Hiring an EOIR/Court Paralegal! The Santana Residency Law (“SRLaw”) team practices immigration law in the areas of family and marriage-based residency, deportation defense, waivers, citizenship, naturalization, asylum, and appeals. The firm represents clients nationwide, with approximately 75% of clients residing in the South and Central Florida area. Our passion is empowering clients stuck in an immigration system that is overwhelming and disenfranchising. We understand the impact immigration matters have on our clients’ lives, and we strive to provide them great representation coupled with compassion and honesty. We are looking for an experienced Immigration Paralegal to join our EOIR team. The ideal candidate will possess excellent case management and customer service skills. We’re looking for someone with knowledge of immigration court procedures. This paralegal will participate in all aspects of our court cases, including assisting in the management of client relationships, case review, analysis, preparation, and filing of applications and motions. This position reports directly to the Firm Attorneys. JOB RESPONSIBILITIES · Preparing and filing applications with the Immigration Court, with a high emphasis on asylum, adjustment of status, cancellation of removal, WOR and CAT. Submitting supplemental evidence filings. Drafting motions for filing with the Immigration Court. Proactively communicating with clients to answer questions and provide status updates. Regularly follow-up with the Court on the status of clients and cases. REQUIREMENTS At least 2 years of Immigration Paralegal experience. Previous experience with Immigration Court filings. Ability to meet deadlines. Experience with Docketwise Case Management Software is a plus. Written and spoken fluency in English AND Spanish. SALARY Compensation commensurate with experience and the labor market, including bonus opportunities. SCHEDULE Monday through Friday; full-time; in person in Miami, Florida. HOW TO APPLY Email cover letter, resume, and salary expectations to info@srlawpa. com --- - Published: 2023-09-06 - Modified: 2023-09-06 - URL: https://www.srlawpa.com/what-are-the-requirements-to-apply-for-naturalization-and-become-a-u-s-citizen/ - Categories: Uncategorized Becoming a U. S. citizen through naturalization is a significant milestone for immigrants. As immigration attorneys, it's our privilege to guide individuals through this process. In this article, we'll explore the key requirements and guidelines for naturalization, shedding light on the path to becoming a proud U. S. citizen. Please don’t hesitate to share this with others considering applying. Eligibility Criteria: Permanent Residency: To apply for naturalization, an applicant must be a current green card holder (permanent resident status). Physical Presence: Applicants must maintain continuous residence in the United States during the entire period of their required permanent residency before applying for naturalization. In most cases, the standard physical presence requirement is five years of permanent residency. This means that an applicant must have held a green card and resided in the United States for a continuous five-year period. However, if the applicant is married to a U. S. citizen, they may be eligible to apply after just three years of permanent residency. Continuous presence: Continuous residence means that the applicant has not made any trips or extended absences from the U. S. that disrupt their eligibility. It's important to note that even short trips abroad can affect continuity in the aggregate, so applicants should be cautious about travel during this period. If an applicant takes an extended trip abroad during the required residency period, it can disrupt their continuous residence. USCIS may consider these trips as a break in the continuous presence, which can affect eligibility. In some cases, applicants may need to wait until they have reestablished continuous residence before applying. Good Moral Character: The "good moral character" (GMC) requirement assesses whether an applicant for U. S. naturalization has maintained a positive and upstanding moral character during the statutory period leading up to their application. The GMC requirement focuses on the five-year period (or three years if married to a U. S. citizen) immediately preceding the naturalization application. This means that USCIS examines an applicant's behavior, conduct, and actions during this time frame. USCIS reviews various aspects of an applicant's life to determine their moral character. These factors may include: Criminal history: Any history of serious crimes, such as felonies or aggravated felonies, can raise significant concerns. It's essential to disclose all criminal incidents, even if they were expunged or sealed. Having a criminal record doesn't necessarily disqualify an applicant from naturalization, but it can complicate the process. USCIS considers the nature, severity, and recency of the offense when assessing GMC. Immigration violations: Violations of immigration laws, such as visa overstays or unauthorized employment, can affect GMC. Tax compliance: Filing and paying taxes in accordance with U. S. tax laws is important. Delinquent taxes can be a factor in GMC evaluations. Outstanding child support: Failing to meet financial obligations for child support may raise GMC concerns. Fraudulent acts: Engaging in fraudulent activities, including immigration fraud, can negatively impact GMC. Substance abuse: Ongoing drug or alcohol abuse may be seen as a lack of good moral character. False statements: Providing false information on immigration forms or during interviews can be viewed as dishonesty and affects GMC. English Language Proficiency: Applicants must have a basic understanding of the English language, including the ability to read, write, and speak English. However, there are exemptions and accommodations for certain age and residency combinations. These exemptions are: 50/20 Exemption: Applicants who are at least 50 years old and have been permanent residents for at least 20 years are exempt from the English language requirement. They can take the civics test in their native language. 55/15 Exemption: Applicants who are at least 55 years old and have been permanent residents for at least 15 years are also exempt from the English language requirement. They can take the civics test in their native language. Individuals with certain medical disabilities that prevent them from learning or demonstrating knowledge of English may be eligible for accommodations. USCIS may grant a medical disability exception, allowing these applicants to take the civics test in their native language and be exempt from the English language requirement. Civics Knowledge: Knowledge of U. S. government and history is tested through a civics examination during the naturalization interview. USCIS provides study materials and resources to help applicants prepare for this test. Oath of Allegiance: Candidates must be willing to take the Oath of Allegiance to the United States. This oath signifies their commitment to becoming a U. S. citizen and renouncing allegiance to any foreign governments. There are certain exceptions to the Oath of Allegiance requirement for naturalization in specific situations: Religious Beliefs: Some individuals may have sincere religious beliefs or principles that prevent them from taking an oath. In such cases, they can request a modified oath or a waiver of the oath requirement. Instead of swearing or affirming to bear arms or perform military service, they may be allowed to modify the oath to exclude those clauses while retaining their commitment to support and defend the Constitution and laws of the United States. Conscientious Objectors: Individuals with strong conscientious objections to bearing arms or participating in military service due to deeply held beliefs can seek an exemption from those specific parts of the Oath of Allegiance. They may still need to take the remainder of the oath and fulfill all other naturalization requirements. Physical or Mental Disabilities: Individuals with certain physical or mental disabilities that prevent them from understanding or participating in the oath ceremony may be eligible for accommodations or waivers. USCIS may make accommodations to facilitate their participation, or they may be exempt from the ceremony. These are the primary eligibility criteria for naturalization. However, there are exemptions and special considerations for certain groups, such as members of the U. S. military, elderly or disabled applicants, and refugees or asylees. Additionally, applicants may face challenges related to factors like criminal records, tax compliance, or extensive travel abroad, which may require legal assistance to address. It's important to consult with an immigration attorney to assess your specific situation and ensure you meet all the necessary eligibility criteria before applying for naturalization. While the requirements may seem daunting, guidance and support are available. Navigating the path to U. S. citizenship is a journey filled with hope and opportunity, and we are here to assist every step of the way. If you or someone you know is considering naturalization, don't hesitate to seek professional advice. Together, we can make the dream of U. S. citizenship a reality. --- - Published: 2023-09-06 - Modified: 2023-09-06 - URL: https://www.srlawpa.com/what-are-the-requirements-to-apply-for-naturalization-and-become-a-u-s-citizen-2/ - Categories: Uncategorized Becoming a U. S. citizen through naturalization is a significant milestone for immigrants. As immigration attorneys, it's our privilege to guide individuals through this process. In this article, we'll explore the key requirements and guidelines for naturalization, shedding light on the path to becoming a proud U. S. citizen. Please don’t hesitate to share this with others considering applying. Eligibility Criteria: Permanent Residency: To apply for naturalization, an applicant must be a current green card holder (permanent resident status). Physical Presence: Applicants must maintain continuous residence in the United States during the entire period of their required permanent residency before applying for naturalization. In most cases, the standard physical presence requirement is five years of permanent residency. This means that an applicant must have held a green card and resided in the United States for a continuous five-year period. However, if the applicant is married to a U. S. citizen, they may be eligible to apply after just three years of permanent residency. Continuous presence: Continuous residence means that the applicant has not made any trips or extended absences from the U. S. that disrupt their eligibility. It's important to note that even short trips abroad can affect continuity in the aggregate, so applicants should be cautious about travel during this period. If an applicant takes an extended trip abroad during the required residency period, it can disrupt their continuous residence. USCIS may consider these trips as a break in the continuous presence, which can affect eligibility. In some cases, applicants may need to wait until they have reestablished continuous residence before applying. Good Moral Character: The "good moral character" (GMC) requirement assesses whether an applicant for U. S. naturalization has maintained a positive and upstanding moral character during the statutory period leading up to their application. The GMC requirement focuses on the five-year period (or three years if married to a U. S. citizen) immediately preceding the naturalization application. This means that USCIS examines an applicant's behavior, conduct, and actions during this time frame. USCIS reviews various aspects of an applicant's life to determine their moral character. These factors may include: Criminal history: Any history of serious crimes, such as felonies or aggravated felonies, can raise significant concerns. It's essential to disclose all criminal incidents, even if they were expunged or sealed. Having a criminal record doesn't necessarily disqualify an applicant from naturalization, but it can complicate the process. USCIS considers the nature, severity, and recency of the offense when assessing GMC. Immigration violations: Violations of immigration laws, such as visa overstays or unauthorized employment, can affect GMC. Tax compliance: Filing and paying taxes in accordance with U. S. tax laws is important. Delinquent taxes can be a factor in GMC evaluations. Outstanding child support: Failing to meet financial obligations for child support may raise GMC concerns. Fraudulent acts: Engaging in fraudulent activities, including immigration fraud, can negatively impact GMC. Substance abuse: Ongoing drug or alcohol abuse may be seen as a lack of good moral character. False statements: Providing false information on immigration forms or during interviews can be viewed as dishonesty and affects GMC. English Language Proficiency: Applicants must have a basic understanding of the English language, including the ability to read, write, and speak English. However, there are exemptions and accommodations for certain age and residency combinations. These exemptions are: 50/20 Exemption: Applicants who are at least 50 years old and have been permanent residents for at least 20 years are exempt from the English language requirement. They can take the civics test in their native language. 55/15 Exemption: Applicants who are at least 55 years old and have been permanent residents for at least 15 years are also exempt from the English language requirement. They can take the civics test in their native language. Individuals with certain medical disabilities that prevent them from learning or demonstrating knowledge of English may be eligible for accommodations. USCIS may grant a medical disability exception, allowing these applicants to take the civics test in their native language and be exempt from the English language requirement. Civics Knowledge: Knowledge of U. S. government and history is tested through a civics examination during the naturalization interview. USCIS provides study materials and resources to help applicants prepare for this test. Oath of Allegiance: Candidates must be willing to take the Oath of Allegiance to the United States. This oath signifies their commitment to becoming a U. S. citizen and renouncing allegiance to any foreign governments. There are certain exceptions to the Oath of Allegiance requirement for naturalization in specific situations: Religious Beliefs: Some individuals may have sincere religious beliefs or principles that prevent them from taking an oath. In such cases, they can request a modified oath or a waiver of the oath requirement. Instead of swearing or affirming to bear arms or perform military service, they may be allowed to modify the oath to exclude those clauses while retaining their commitment to support and defend the Constitution and laws of the United States. Conscientious Objectors: Individuals with strong conscientious objections to bearing arms or participating in military service due to deeply held beliefs can seek an exemption from those specific parts of the Oath of Allegiance. They may still need to take the remainder of the oath and fulfill all other naturalization requirements. Physical or Mental Disabilities: Individuals with certain physical or mental disabilities that prevent them from understanding or participating in the oath ceremony may be eligible for accommodations or waivers. USCIS may make accommodations to facilitate their participation, or they may be exempt from the ceremony. These are the primary eligibility criteria for naturalization. However, there are exemptions and special considerations for certain groups, such as members of the U. S. military, elderly or disabled applicants, and refugees or asylees. Additionally, applicants may face challenges related to factors like criminal records, tax compliance, or extensive travel abroad, which may require legal assistance to address. It's important to consult with an immigration attorney to assess your specific situation and ensure you meet all the necessary eligibility criteria before applying for naturalization. While the requirements may seem daunting, guidance and support are available. Navigating the path to U. S. citizenship is a journey filled with hope and opportunity, and we are here to assist every step of the way. If you or someone you know is considering naturalization, don't hesitate to seek professional advice. Together, we can make the dream of U. S. citizenship a reality. --- - Published: 2023-05-04 - Modified: 2023-05-04 - URL: https://www.srlawpa.com/which-family-members-can-you-file-a-petition-for-and-how-long-will-it-take/ - Categories: Uncategorized Legal permanent residents (LPRs) and native-born or naturalized U. S. citizens (USCs) that have relatives who were born in another country are often able to petition for and help family members obtain lawful permanent residence (i. e. , a green card). Family members fall into different categories for purposes of immigration processing, and each of these categories has different processing times. This month we're taking a further look at what these categories are for the family members of U. S. citizens and residents. U. S. citizens can file a petition to bring some of their family members into the U. S. permanently. The family members eligible to be sponsored can be divided into two categories. The first category is “immediate family members” that are directly related to the petitioner. This category includes parents, spouses, and minor/unmarried children. The second category is a “family preference relative,” which are defined as more distant members in the family that qualify to be petitioned. These family members include unmarried sons and daughters who are over 21 years old, married children of any age, and siblings. For Legal Permanent Residents, the list of qualifying family members is far more limited. A green card holder can only sponsor their spouse and/or their unmarried children; no other family members are eligible until the LPR becomes a citizen. These petitions also have a longer processing time. Spouses and unmarried children of permanent residents also fall in the category of "family preference relatives. " Congress sets annual limits on the number of green cards available to people in these categories. Because the demand for these visas nearly always exceeds the supply on a yearly basis, preference relatives end up on waiting lists that can last many years before they can immigrate to the United States. Only when their “priority date” is current can they move forward and complete the process of getting an immigrant visa and lawful permanent residence. As mentioned, the processing time for all petitions depends on whether the petitioner is a U. S. citizen or a legal permanent resident and what the family relationship is. For immediate relatives (i. e. , parents, spouses, and unmarried children under 21) of U. S. citizens living outside of the U. S. , there is no “wait time” on a list, so to speak, but processing times have been extended in our post-Covid world due to delays. As of this article, processing times for immediate relatives outside of the U. S. are currently estimated between 18-24 months due to consular delays. For those immediate relatives currently living in the U. S. , the processing time is approximately 8-16 months and varies by local jurisdiction. For immediate relatives (spouse or unmarried child) of a legal permanent resident living outside of the U. S. , processing times for these petitions are generally extended by 6-12 months. The Visa Bulletin is a monthly publication released by the U. S. Department of State that provides information on the availability of immigrant visa numbers. It is used to determine when a foreign national can apply for a permanent residency in the United States. The bulletin shows which priority dates have become "current," meaning that visas are available for that particular category and country of birth. The priority date is determined by the date the immigrant petition was filed with the U. S. Citizenship and Immigration Services (USCIS). To read the visa bulletin, one must first determine the immigrant category and country of birth. Then, one can check the chart to see if the priority date is current and whether the applicant can proceed with the next steps in the application process. The current visa bulletin can be found here: https://travel. state. gov/content/travel/en/legal/visa-law0/visa-bulletin. html. If you have questions or concerns regarding immigration family petitions or reading the visa bulletin, we encourage you to call us for assistance. Our team of experienced immigration lawyers can provide guidance and support throughout the process. We understand that navigating the immigration system can be complex and stressful, especially when it comes to family petitions. Whether you're seeking to sponsor a spouse, child, parent, or sibling, we can help you understand the eligibility requirements, application processes, and potential roadblocks you may encounter. With our guidance, you can feel confident that you're taking the necessary steps to achieve your immigration goals. Don't hesitate to reach out to us today for a consultation. --- - Published: 2023-04-11 - Modified: 2023-04-11 - URL: https://www.srlawpa.com/senate-bill-1718-what-is-it-and-how-can-it-affect-you/ - Categories: Uncategorized A key Florida Senate panel has approved a bill aimed at expanding Gov. Ron DeSantis' crackdown on illegal immigration, drawing pushback from opponents who called it an attack on the state's migrant community. This month we’ll be discussing how bills are passed in Florida, and then diving into what the bill proposes and how it may affect the livelihood of Florida citizens. Every bill that is passed in Florida comes from The Florida Legislature. The Florida Legislature is the legislative body of the State of Florida. It is organized as two entities composed of the Senate, and the House of Representatives. Either entity may originate any type of legislation; however, the processes differ slightly between the two. A legislator sponsors a bill, which is referred to one or more committees related to the bill's subject. The committee studies the bill and decides if it should be amended, passed, or failed. If passed, the bill moves to other committees of reference or to the full group. The full group then votes on the bill. If it passes with one group, it is sent to the other group for review. This is the same process for a bill that starts in either group. A bill can go back and forth between houses until a consensus is reached. Of course, the measure could fail at any point in the process. This is how Senate Bill 1718 began, and it is currently under review and debate in the chamber. Senate Bill 1718 is a bill that targets out of status immigrants in different ways. The bill makes using fake identification for the sake of employment a third-degree felony, and it authorizes the Florida Department of Law Enforcement to perform random audits of businesses to ensure they’re complying. Any business found knowingly employing an undocumented employee may face a $5,000 first-time fine. The fine may increase per violation, the bill says. The bill also makes a driver's license issued to immigrants in other states invalid in Florida, if they’re in the country without status. The bill would also make it a third-degree felony to transport or harbor undocumented immigrants at work or at home. An individual who commits five or more separate offenses during a single episode could be charged with a second-degree felony. The proposed amendment would require those arrested for its violation to be held in custody until their appearance in court for pretrial release. Among these provisions, the bill also requires hospitals accepting Medicaid to report the legal status of a patient. It states though, that the data acquired by hospitals is not reportable to law enforcement and should not impact patient care. According to the Migration Policy Institute, roughly 772,000 undocumented migrants reside in Florida. The report shows most undocumented migrants in Florida arrived from Mexico and Central America. What does this mean on a practical level? SB 1718 could have a dramatic effect on South Florida, especially economically, as it relates to agriculture and tourism, and socially, in hospitals and universities, among other locations. By way of example: What if your parent is out of status and you go the grocery store with him or her? Are you now subject to criminal prosecution? This bill would not only divide families, but also marginalize all immigrants in the U. S. Imagine if you carpool with a Latino friend to work every day; would you now need to awkwardly inquire as to his or her legal status to ensure you’re not transporting an unlawful person? How would you know what someone’s status is? How would you ask about their status? How do you know who you should ask and who you shouldn’t ask? The fear of being caught and reported will deter any undocumented persons from becoming productive members of the community or from looking for any medical treatment they may need. Local governments would be banned from giving money to organizations to create identification cards for undocumented immigrants in Florida. SB 1718 could potentially put thousands of Floridians, including families, landlords, lawyers, and religious leaders, at risk of becoming criminals if they are caught with people who are in the country unlawfully. Meanwhile, the true purpose of the bill remains unclear. Why is the state of Florida so intent on criminally prosecuting its lawful citizens as harshly as anyone out of status? Criminal prosecution of these matters would burden an otherwise overwhelmed criminal justice system, and police resources would be diverted from much needed other matters. SB 1718 would push thousands of people into the shadows, whether documented, undocumented, inspected, uninspected, authorized, or unauthorized. The bill creates distrust in law enforcement, more than what already may exist. It makes people not want to report crimes, and it makes all of us less safe regardless of legal status. Do we all really want to become extensions of ICE in our everyday lives? --- - Published: 2023-03-06 - Modified: 2023-03-06 - URL: https://www.srlawpa.com/seven-famous-immigrants-who-became-u-s-citizens/ - Categories: Uncategorized Every day, hundreds of people become naturalized citizens of the United States. However, it’s not every day someone famous is among the groups of people being naturalized. In this month’s article, we showcase seven famous and influential people that immigrated to the U. S. and made their way into naturalization. Let’s have a look! Sofia Vergara Sofía Vergara, born in Barranquilla, Colombia, is a Colombian American actress who is perhaps best known for her work on the television show Modern Family. Vergara’s life changed in a chance encounter with a photographer on a Colombian beach when she was 17 years old. That encounter led Sofia to abandon her plans for a career in dentistry to pursue modeling. In 1998, her older brother Rafael was murdered in Colombia during an attempt to kidnap him. Not wanting to be caught in the unrest that resulted in his murder, Vergara migrated to the United States fleeing violence from her home country. In 2015, she was honored with a star on the Hollywood Walk of Fame, one year after becoming a U. S. citizen. Sergey Brin Sergey Mikhailovich Brin is an American business magnate, computer scientist, and internet entrepreneur, who co-founded Google with Larry Page. Brin was the president of Google's parent company, Alphabet Inc. , until stepping down from the role on December 3, 2019. Brin was born in Moscow in the Soviet Union to Russian Jewish parents. Brin ended up immigrating to the U. S. with his family from the Soviet Union at the age of six to escape institutional anti-Semitism. Brin began his graduate study in computer science at Stanford University on a graduate fellowship from the National Science Foundation, receiving a M. S. in computer science in 1995. Brin co-founded Google with Larry Page in 1998 after the two met at Stanford while studying for advanced degrees in computer science. Arianna Huffington Arianna Stassinopoulos Huffington is a Greek American author, syndicated columnist, and businesswoman. She is a co-founder of The Huffington Post, the founder and CEO of Thrive Global, and the author of fifteen books. She has been named in Time magazine's list of the world’s 100 most influential people and the Forbes Most Powerful Women list. Huffington was born in Athens, Greece but moved to the UK at the age of 16. After graduating from Cambridge, she lived for a short time in London before relocating in 1980 to the United States. In 1990, she make a U. S. citizen as she became more and more involved in U. S. politics. In 2003, she ran an unsuccessful campaign for California governor against fellow immigrant entrepreneur Arnold Schwarzenegger. In 2005, Huffington co-founded The Huffington Post with Andrew Breitbart, Kenneth Lerer, and Jonah Peretti. It was launched on May 9, 2005, as a commentary outlet, blog, and alternative to other news outlets. The site historically published work from both paid staff writers, reporters and unpaid bloggers. In February 2011, AOL acquired The Huffington Post for $315 million, making Huffington editor-in-chief. In 2016, Huffington officially left The Huffington Post. Tristan Thompson Tristan Trevor James Thompson is a Canadian American professional basketball player from Ontario, Canada, who last played for the Chicago Bulls of the NBA. He won the 2016 NBA Finals with the Cleveland Cavaliers and has also played in the NBA for the Boston Celtics, Sacramento Kings, and Indiana Pacers. Tristan fulfilled the requirements to become a naturalized citizen in November 2020, with USCIS sharing the news on Twitter along with a photo of the NBA star taking the oath of allegiance. “I came to the US on a student visa and have always had big dreams. I'm now truly living the American dream,” said Thompson after the ceremony. Salma Hayek Salma Hayek, in full Salma Valgarma Hayek Jiménez, was born in Coatzacoalcos, Veracruz, Mexico. Salma is a Mexican American actress, director, and producer who, at the end of the 20th century, broke barriers as one of the first Latina actresses to establish a successful film career in the United States. In 1991, Hayek moved to Los Angeles to pursue a film career. Hayek faced discrimination in Hollywood when she arrived in the 1990s, and it was inconceivable to American directors and producers that a Mexican woman could have a lead role. The actress admitted in 2010 that she briefly lived in the U. S. illegally after her visa expired. The Mexico native finally became a naturalized U. S. citizen in 2013. Arnold Schwarzenegger Arnold Alois Schwarzenegger is an Austrian-born American bodybuilder, film actor, and politician who rose to fame through roles in blockbuster action movies and later served as governor of California. Schwarzenegger was known as the Austrian Oak in the bodybuilding world, where he dwarfed his competition. After moving to California in 1968 to train and compete in bigger events in the United States, Arnold would go on to win various titles before retiring. Meanwhile, Schwarzenegger pursued his childhood dream of acting in movies which lead him to star in blockbuster movies like Terminator and Predator. Arnold became a U. S. citizen in 1983 and commemorated the milestone in 2018. “35 years ago today, I became a citizen of the United States of America. I arrived here almost 50 years ago with empty pockets, but full of dreams. I owe it all to America. It was, without a doubt, one of the proudest days of my life. ” said Arnold in a tweet. Ana de Armas Ana Celia de Armas Caso is a Cuban and Spanish actress. She began her career in Cuba and had a leading role in the romantic drama “Una Rosa de Francia” in 2006. At age 18, she moved to Madrid, Spain, and starred in the popular drama “El Internado” for six seasons from 2007 to 2010. Ana was born in Havana, Cuba, and raised in the small city of Santa Cruz del Norte. Her maternal grandparents were migrants to Cuba from Spain. Ana’s grandfather Ramon was a Spanish citizen, so she also had Spanish citizenship. After living in Spain for some time, Ana relocated to the U. S. in 2014 where she also acquired American citizenship and began her acting career from scratch. --- - Published: 2023-02-03 - Modified: 2023-02-03 - URL: https://www.srlawpa.com/what-is-daca-and-where-does-it-stand-in-2023/ - Categories: Uncategorized DACA, an acronym for Deferred Action for Childhood Arrivals, is a policy that protects around 800,000 young people known as “Dreamers” who entered the United States unlawfully as children. The program does not grant them official legal status or a pathway to citizenship, but it does allow them to apply for a driver’s license, social security number, and work permit. First established by President Obama in 2012, Trump repeatedly tried to dismantle the program during his tenure. A federal judge ruled in December 2020, that first-time DACA applicants were permitted to apply after the Trump administration stopped accepting new applications. He also extended the renewal period from two years to one year. In October 2022, the Biden administration’s final DACA rule went into effect, shortly after a federal judge ruled that the program could temporarily continue but new applicants would still be barred from applying. As of 2023, no date has been set for additional hearings to confirm DACA’s future, long-term status. History of DACA The DACA program was established after Congress failed to pass Obama’s Development, Relief, and Education for Alien Minors (DREAM) Act aimed at granting legal status to young immigrants living in the United States. In the absence of legislative support, Obama issued DACA via executive order as a temporary measure. The original DACA program allowed certain immigrants to apply, based on the following qualifications: Be younger than 31 on June 15, 2012. Entered to the United States when they were younger than 16. Lived in the United States since 2007. Allowed young non-documented immigrants to avoid deportation and obtain work permits for a period of two years. Created a program that was renewable based on good behavior. The Trump administration announced in September 2017 that it would start to phase out the DACA program. Several court cases prevented the full repeal of DACA, as well as a violation of federal law. Nevertheless, President Trump still managed to put various restrictions in place, including: A reduction in the length of time the program ran, from two years to one. All renewals had to be within 150 to 120 days before the existing application expired. The rejection of all new DACA applications. All requests by DACA recipients for travel outside of the United States were denied except in cases where “exceptional circumstances” were established. Under the original program, DACA recipients could travel outside the United States for humanitarian reasons, education, and employment with a valid travel document. In November 2020, a federal judge in New York ruled that Chad Wolf, the acting head of the DHS, did not have the authority to make changes to the DACA program, and those rules were therefore invalid. The following month, a federal judge ruled that first-time applicants were once again permitted to apply. In January 2021, President Joe Biden issued an executive order formally reinstating the program. Biden’s sweeping immigration agenda included a pathway to citizenship for DACA recipients, but the administration has faced repeated legal hurdles to make headway on legislative progress to fortify the program. In July 2021, a federal judge ruled that first-time DACA applicants were barred from applying to the program. USCIS has confirmed that all individuals whose DACA requests were approved prior to July 16, 2021, will continue to have DACA status and all DACA requests that were approved before July 16 will continue to be eligible to renew DACA and DACA work permits. The Department of Homeland Security will also continue to accept the filing of initial DACA and employment authorization requests, but they cannot approve new DACA and work permit requests on account of judge’s ruling. Despite the Biden administration’s persistent efforts to preserve DACA, in October 2022 a federal judge ruled that the program could continue only temporarily and that new applicants would still be unable to apply. As of January 2023, no future hearings have been set to confirm DACA’s status or whether the program can open to new applicants. The Biden administration published a final rule on the program in late October 2022, and the Department of Homeland Security has stated it will continue to protect the program and call on Congress to pass legislation solidifying its permanent status. If a judge ends the program in the future, the current government will appeal to the U. S. Supreme Court. Qualifications for DACA renewals Unfortunately, USCIS is currently not accepting new DACA applications. However, USCIS is still renewing DACA applications if they are submitted in time. USCIS recommends DACA recipients submit their renewal requests between 120 and 150 days before their current DACA expires. To request a DACA renewal, the following conditions must be met to qualify: Applicant did not depart the United States on or after Aug. 15, 2012, without a valid travel document (Form I-131). Applicant continuously resided in the United States since submitting their most recent approved DACA request. Applicant has not been convicted of a felony, a serious misdemeanor, or three or more misdemeanors, and does not pose a threat to national security or public safety. Complete and sign Form I-821D and Form I-765. Proof of updated deportation or removal proceedings since the initial application. Proof of any additional criminal history since the initial application. DACA renewal fee: $495 USCIS has put together some helpful tips on renewing DACA on its website, including filing on time and a checklist of all the required forms and documents. What does this all mean? While new applications for DACA are currently not being accepted, it is important to renew the status in time to avoid losing it completely. Current DACA recipients are still able to receive benefits through their status. As a reminder, DACA recipients are not U. S. citizens or lawful permanent residents, and the program does not grant them official legal status or a pathway to citizenship. However, a DACA recipient may be eligible for a marriage green card under certain conditions. DACA students are not eligible for federal financial aid. However, they may be able to access financial assistance at the local or state level. Some states allow DACA students to receive in-state aid as part of their tuition. DACA recipients can apply for authorization to travel outside the United States, also known as Advance Parole. This document allows DACA recipients to travel abroad only for employment, educational, or humanitarian purposes. USCIS does not consider travel for vacation a valid purpose. Currently, adult DACA recipients who meet the income and other Medicaid requirements are eligible for coverage in California, Minnesota, and New York. Some other states offer limited Medicaid benefits to DACA recipients. --- - Published: 2023-01-06 - Modified: 2023-01-06 - URL: https://www.srlawpa.com/immigration-in-2022-a-year-in-review/ - Categories: Uncategorized Two-thousand-twenty-two was a year full of challenges and changes from the policies that were implemented in the previous presidential administration. 2022 was really the opportunity to see what the Biden administration had planned, and the changes implemented. Here is our year-end review, a timeline of all the must-know immigration events from 2022. January 6: U. S. began to return migrants to Tijuana, Mexico under rebooted Trump-era Policy (Migrant Protection Protocols). January 11: SCOTUS took up a bid to end the indefinite detention of immigrants. January 31: Texas sued the Biden Administration to halt a program that reunites Central American children with parents in the U. S. February 4: After review, the U. S. maintained the trump-era border policy (Title 42) of expelling migrants, citing Omicron as the reason. February 23: U. S. Supreme Court considered Republican bid to defend Trump immigration rule that would bar permanent residency for immigrants deemed likely to need government benefits. March 1: The Dignity Act was introduced, a complete immigration reform bill consisting of 3 core principles: stopping illegal immigration, providing a dignified solution for immigrants living in America, and strengthening the American workforce and economy. March 3: U. S. Chamber of Commerce joined Bipartisan Coalition to urge immigration reform ahead of the 2022 midterm elections. March 4: Florida Senate passed an immigration bill that would force local law enforcement agencies to contract with federal immigration authorities to detain undocumented immigrants. March 7: A Judge in Texas barred the Biden administration from exempting unaccompanied migrant children from border deportation policies. March 11: ICE implemented a new system to monitor immigrants released from detention centers using a smartphone app. March 16: Biden administration extended immigration relief under humanitarian relief to Afghans in the U. S. March 23: Judge ruled against Biden administration orders for ICE deportation agents that instructed them to prioritize certain groups of immigrants for arrest and deportation. March 24: Biden Administration prepared sweeping changes to the asylum process. Under the new policy, some migrants seeking asylum will have their claims heard and evaluated by asylum officers instead of immigration judges. March 29: U. S. immigration agency moved to cut 9. 5 million-case backlog and speed up the processing by expanding the number of applicants who can pay extra fees to have their immigration petitions adjudicated more quickly and propose a rule that would provide relief to immigrants waiting for work permit renewals and set processing time goals. April 4: The Biden Administration announced the end of its pandemic border restrictions (Title 42) starting on May 23, 2022. April 16: The U. S. designated Temporary Protected Status to Cameroon. April 21: U. S. unveiled a sponsorship program to resettle Ukrainian refugees that had been displaced by the Russian invasion. April 21: DHS extended Covid-19 vaccine requirements for migrants entering from Mexican and Canadian borders. May 3: USCIS announced the automatic extension for Employment Authorization Documents (EADs) to certain applicants, up to 540 days. May 16: Supreme Court limited review of factual disputes in immigration cases, which made it more difficult for non-citizens in removal proceedings to get a federal court to review factual determinations that were made by an immigration court concerning relief from deportation. May 20: A Federal Judge ruled that the CDC cannot proceed with plans to discontinue Title 42, a trump-era policy that would keep incoming immigrants in Mexico as they await court in the U. S. May 25: Immigrants filed a lawsuit against USCIS over unreasonable delays and failure to process naturalization applications. June 15: The Supreme Court dismissed a bid to defend Trump’s Immigration Plan. The case concerned revisions to the “public charge” rule that made it harder for immigrants who had relied on public assistance to gain permanent legal status. Under the Trump administration, the so-called public-charge rule made immigrants ineligible for permanent legal status if they used public benefits like Medicaid and food stamps. June 24: House appropriators moved to extend Title 42 for another 6 months through the DHS budget before it can be abolished by the Biden Administration. June 25: A Federal Judge in Texas ruled illegal a policy that prioritized the arrest of immigrants living in the country illegally who are considered a threat to public safety and national security. June 30: The Supreme Court cleared Biden to end Trump’s “Title 42” policy, stating the Biden administration had the authority to reverse the policy. July 25: The White House announced a plan to provide temporary ID cards to some undocumented immigrants as they await a decision on their removal proceedings. August 1: The Supreme Court certified a ruling that put an end to Trump’s border policy (Title 42). August 2: The White House authorized the completion of four gaps in the border wall in an open area of southern Arizona near Yuma, one of the busiest sectors for illegal crossings. September 19: New York State launched a portal called Citizenshipworks to assist eligible immigrants to apply for naturalization for free. September 28: U. S. extended Temporary Protected Status for Burma (Myanmar) through May 2024. October 13: DHS announced a Venezuela Parole Program. The idea was modeled off the Uniting for Ukraine program that allowed people in the U. S. to privately sponsor Ukrainians, in this case allowing up to 24,000 Venezuelans to secure work authorization for up to two years. But along with the new program, the U. S. said it will now expel Venezuelans who cross the border from Mexico. October 17: A Federal Judge ruled for the current DACA immigration program to continue temporarily, preventing the deportation of thousands of Immigrants in the U. S. October 18: Immigration Court Judges threw out over 63,000 DHS cases because no “Notice to Appear” was filed by DHS. This means that one out of every six cases has been thrown out, for this reason, this past fiscal year. October 24: DHS designated Temporary Protected Status for Ethiopia for 18 months due to their ongoing civil war. October 26: U. S. removed Trump-era barriers to citizenship test waivers for disabled immigrants to make the process more accessible and simpler. October 31: The Justice Department announced that it had reached a settlement agreement with the Giant Company LLC, a Pennsylvania-based grocery store chain with locations in various states. The settlement resolved the dispute that Giant discriminated against non-U. S. citizen workers when checking their permission to work in the U. S. , in violation of the Immigration and Nationality Act. December 2: ICE mistakenly released the names and other identifying details of 6,252 migrants seeking protection in the United States. The error raised fears for their safety among advocates for asylum seekers. As we navigate 2023, we are curious to see what this new year will bring to the ever-changing U. S. immigration system. --- - Published: 2022-10-07 - Modified: 2022-10-07 - URL: https://www.srlawpa.com/what-immigration-options-exist-for-victims-survivors-of-domestic-violence/ - Categories: Uncategorized In recognition of the severity of the crimes associated with domestic violence, sexual assault, and stalking, Congress passed the Violence Against Women Act (VAWA) of 1994 as part of the Violent Crime Control and Law Enforcement Act of 1994. The 1994 bill was a historic decision, marking the first comprehensive federal legislative package designed to end violence against women. VAWA included provisions on rape and battering that focused on prevention, funding for victim services, and other matters. It also included the first federal criminal law against battering and a requirement that every state afford full faith and credit to orders of protection issued anywhere in the United States. VAWA also created a special route to obtain lawful immigration status for victims of domestic abuse who normally must rely on their abusers to obtain legal status. VAWA allows an abused spouse or child of a U. S. Citizen or Lawful Permanent Resident or an abused parent of a U. S. Citizen to self-petition for lawful status in the United States, receive employment authorization, and access public benefits. VAWA provides domestic violence survivors with the means that are essential to escaping violence and establishing safe, independent lives. The rest of this article will review what you need to know about self-petitioning under VAWA within the immigration system. Prior to the passage of VAWA, an abusive petitioner could use his or her control of the immigration process to perpetuate or exacerbate domestic abuse. S/he could, for example, threaten to report the victim to the immigration service or could withhold the opportunity to obtain lawful status thereby exercising further control over the noncitizen. Fear of losing sponsorship or being deported could coerce abuse victims to continue living in an environment causing physical and/or psychological harm. Self-petitioning for VAWA allows victims of abuse who are close relatives of US Citizens (USCs) and Lawful Permanent Residents (LPRs) to file for status on their own. Under normal circumstances, applicants are eligible for immigration status when the USC or LPR relative files a petition with the United States Citizenship and Immigration Service (USCIS) on their behalf to obtain legal status. The petitioning relative “owns” the petition application and controls much of the process until the applicant becomes a Lawful Permanent Resident. VAWA created an exception to this rule by allowing victims in abusive situations to apply for legal status directly themselves without the participation or control of the abuser through a VAWA self-petition. Even though the law has the word “women” in the title, a person of any gender can file a VAWA self-petition if they can meet the qualifications required. Like every immigration process, self-petitioning for VAWA requires the filing of an application and submission of supporting documents. Also like all family-based petitions with immigration, VAWA self-petitioning is for close family members of US citizens or lawful permanent residents only, so the applicant must prove the relationship with the abuser was bona fide. Even if the applicant is now divorced to his or her abuser, s/he may still qualify if the marriage was terminated withing two years prior to the date of filing. An applicant also must show s/he has good moral character and suffered “battery or extreme cruelty,” which is how Congress described domestic abuse in the VAWA statute. When an applicant files a VAWA self-petition, s/he may be able to include some close relatives as “derivatives. ” For example, if the abuser is a spouse, an applicant may be able to include his or her children who are under 21 and unmarried at the time of filing the petition. Due to the complexity of a residency application through VAWA or any immigration process, it is strongly encouraged applicants work with an immigration lawyer with experience in VAWA to assist in seeking status. If someone is a victim of domestic violence, but does not qualify for a VAWA self-petition, other options may include a U Visa for victims of a crime or a T Visa for victims of sex trafficking. U Visa benefits victims of felonies who are willing to assist in a criminal investigation in the U. S. The U visa is not limited to domestic violence offenses committed by residents or citizen spouses. The T Visa is available to immigrants who were victims of felonies. Generally, the person must have endured conditions of forced labor or been a minor immigrant forced into prostitution or other depraved sexual exploitation activity. The best way to determine eligibility is to discuss the applicant’s personal situation with an immigration attorney with experience in these types of processes. Approval of a VAWA Self-Petition does not automatically grant Lawful Permanent Resident Status, but it opens the door for a residency application based on the self-petition. Moreover, filing the self-petition, by itself, will not allow an applicant to work legally, but once USCIS approves a VAWA self-petition, they will also grant a legal work permit, which is known as an Employment Authorization Document (EAD). An approved VAWA self-petition also makes applicants eligible for certain public benefits. --- - Published: 2022-09-02 - Modified: 2022-10-20 - URL: https://www.srlawpa.com/how-can-divorce-affect-your-conditional-permanent-residence/ - Categories: Uncategorized The lives of most divorcees change once a marriage ends and the divorce is finalized. However, if you are not a United States citizen, going through a divorce as an immigrant in the United States can provide several challenges, including challenges to your immigration status. If you are in the U. S. on a status that was granted based on your spouse’s application, this may mean that your relationship could significantly impact your ability to stay in the U. S. It’s important to know how ending your marriage affects your legal status in the U. S. Keep reading to review a few things you should know! A person who immigrates to the U. S. based on a marriage that is less than two years old at the time of admission to the U. S. will receive what's called a “Conditional Permanent Resident”. This means approval for lawful permanent residence by USCIS or entry to the U. S. on an immigrant visa given out by the U. S. consulate. This status is much like regular a permanent residence, except that it lasts for only two years. To become a permanent resident thereafter, you must file Form I-751, which is a Petition to Remove Conditions of Residence. Typically, both spouses file this form together and include documents that prove that they are still married. However, if the marriage has already ended under state law, then you may file the I-751 by yourself by filing a waiver. The purpose is to determine if this is a bona fide marriage (n simpler terms, to determine if the marriage in question is a real marriage). The U. S. government is hugely concerned with people entering sham marriages to obtain permanent residence for the non-citizen, whether for a monetary payment, a friendly favor, or something else. Although couples are asked for extensive evidence to verify the legitimacy of their marriage early in the immigration process, USCIS will revisit the case after two years to ensure that the marriage is not a fraudulent one. Many people believe that if you get divorced before removing the conditions on your Green Card, you will automatically be deported; however, there are exceptions. An immigration attorney may be able to help you file a waiver and remain in the United States if you qualify for one of the exceptions to the rule. For example, even if you are divorced, you must show that you married in "good faith. " That means that you intended to stay together forever when you married even if the marriage is no longer viable. To show this, you may submit evidence showing that you shared a normal married life with your former spouse while you were together. Another alternative is showing you were battered or treated with extreme cruelty by your U. S. citizen spouse. If you already have a green card and are a permanent resident at the time of the divorce, the divorce should not affect your legal status with the right documentation and filing. However, the divorce may force you to wait longer to apply for naturalization. In this case, you would need to wait five years, rather than three. If you are currently in the divorce process but your divorce has not been finalized, things are a bit more complicated. You will still need the signature of your current spouse, even if we explain to immigration that you are no longer cohabitating and you intend to divorce. If this is your situation, you should discuss your immigration case with an attorney immediately to determine what the timelines and best steps are to ensure your status is protected. In the case where there are children involved, if they were included on the parent's application, their status will follow that of their parent after a divorce. If the divorce takes place before the status is approved by USCIS, the status will not be approved. If the divorce takes place when the parent has received approval as a conditional resident, the children would have gotten conditional residence at the same time. If the parent decides to file an I-751 with a waiver request (exception), the children can be named on that petition and be approved or denied at the same time. Even if the parent were to decide to drop the matter and give up on immigrating to the U. S. , the children could separately file Forms I-751 asking for the same waiver and to receive permanent residence. But, like the parent, the child would need to provide evidence that the parent's marriage was legitimate in the first place. If the children have already been approved for U. S. permanent residence at the time the divorce takes place, their status will be unaffected by the divorce. What does this mean for you? Again, a divorce is not automatically viewed as a sign of immigration marriage fraud. Plenty of bona fide marriages collapse, despite their earlier plans and hopes. Whether someone immigrating through marriage can obtain or keep their green card after a divorce depends on how far along they are in the immigration application process. If the original status is still pending before USCIS, the agency ultimately won't approve it. If the conditional status has already been approved but the case is awaiting an interview at a U. S. consulate or at a USCIS office within the United States, the government officials handling the case will ask enough questions to uncover the divorce and deny the case at that time. If the immigrant spouse is living in the U. S. with no other legal immigration status at the time of the denial, USCIS is likely to issue a Notice to Appear. This will initiate deportation proceedings in immigration court. If the immigrant is already a permanent resident when the marriage ends, divorce will have no effect on the person's immigration status. However, when the person applies for Naturalization, USCIS could take another look at whether the marriage was bona fide in the first place. --- - Published: 2022-08-03 - Modified: 2022-08-03 - URL: https://www.srlawpa.com/what-is-the-situation-of-unaccompanied-minors-at-the-border/ - Categories: Uncategorized The United States is seeing a rise in apprehensions of unaccompanied migrant children, most from Central America, along its southern border. The U. S. has been preparing for a potential spike in migrant children crossing the southern border without their parents and has identified up to 19,000 beds at shelters and housing sites to prevent these minors from languishing in Border Patrol detention facilities, according to a public statement made by top Biden administration officials. In multiple interviews, Health and Human Services Secretary, Xavier Becerra, and Cindy Huang, the recently departed director of the Office of Refugee Resettlement, said officials are working to avoid repeating what occurred in 2021, when a shortage of shelter beds stranded thousands of migrant children in ill-suited Border Patrol and makeshift housing facilities. Currently, Border Patrol has less than 8,700 children in their care. That's down from a high of over 22,000 about a year ago. About 76% of unaccompanied children in federal care are fifteen years of age or older, though authorities have detained infants and toddlers. Border Patrol ended up finding shelter for those children over the course of a year. Border Patrol believes that it has been able to provide in a safe and humane way and understand that there is a constant fluctuation of the number of children they may see transferred to them. The refugee office, an HHS agency that cares for unaccompanied minors, has nearly doubled shelter bed space since the start of the Biden administration, expanding it to 11,500 beds. The office is also operating two makeshift housing sites at the Fort Bliss U. S. Army base and a work camp in Pecos, Texas, that can accommodate 4,000 migrant teens and thousands of additional back-up beds. The refugee office is also reviewing additional sites to set up large-scale housing facilities in case there's a sharp increase in unaccompanied children entering U. S. border custody. The agency already notified Congress it is setting up a housing facility at a campus in Greensboro, North Carolina. By the end of fiscal year 2022, which ends in October, the U. S. refugee office is prepared to have 19,000 beds available using $8. 76 billion in funds allocated by Congress, saying the agency could ask lawmakers for more funding if a spike in border arrivals of migrant children overwhelms that capacity. While the Department of Homeland Security initially processes all migrants who cross the U. S. -Mexico border illegally, it only has long-term legal custody over adults and families with children. DHS is required by law to transfer unaccompanied minors to HHS within three days of processing them. HHS is in charge of caring for migrant children until they turn 18 or they can be placed with a sponsor in the U. S. , typically a close relative. Migrant children in HHS custody remain in deportation proceedings unless they are granted asylum or other forms of legal protection, such as visas for abused minors. Migrant arrests along the Mexican border have soared in the past year, reaching 221,000 in March, a 22-year high. Officials were expecting border arrivals to increase further once a pandemic restriction known as Title 42 was lifted, but on May 20th, a judge blocked the appeal and denied lifting Title 42. Title 42 expulsions are removals by the U. S. government of people who have recently been in a country where a communicable disease was present. What does this mean for you? As of March 2022, before the practice of expelling unaccompanied children was blocked in court and then later formally ended by the Biden administration, CBP used Title 42 to turn away and expel over 1. 6 million single adults, nearly 200,000 individuals in a family unit, and nearly 16,000 unaccompanied children. These expulsions took place despite provisions of the Trafficking Victims Protection Reauthorization Act which requires the government to protect children who arrive at the border without a parent or legal guardian. The number of family expulsions under Title 42 also grew between 2020 and 2021, while expulsions of unaccompanied minors decreased, reflecting their exemption from the policy beginning in February of 2021. The number of encounters reflects repeat encounters with individuals, as each attempt by the same individual to cross the border is counted as a new encounter. In the last 6 months of 2021, a quarter of the encounters under Title 42 were of the same individuals on multiple occasions, with repeat rates under the authority being at their highest levels in over a decade. While Title 42 is intended COVID-19 exposure risk at the border, it has led to an increasing number of separation encounters at the border. This is in large part because, unlike Title 8, migrants apprehended under Title 42 are immediately expelled and, consequently, those with repeat encounters do not face any penalties and may make repeated attempts to cross. --- - Published: 2022-07-07 - Modified: 2022-07-07 - URL: https://www.srlawpa.com/what-are-the-latest-scotus-rulings-on-immigration-law/ - Categories: Uncategorized Immigration law is constantly evolving, and each year the Supreme Court issues new decisions that change the face of immigration policy. This month we present to you a summary of what you need to know about the most recent immigration Supreme Court decisions. Consider it your cheat sheet! On Thursday, June 30th, 2022, The Supreme Court ruled 5-4 in favor of the Biden administration on a controversial immigration policy. The ruling states the Supreme Court had the authority to reverse a trump-era initiative that requires asylum seekers to remain in Mexico while their cases are reviewed in U. S. Courts. The Migrant Protection Protocols (MPP) were set by the trump administration. Trump enacted these protocols to curb the high influx of immigrants entering the U. S. during his presidency. The bigger story that not a lot of people are seeing is the fact that multiple political branches are unable to collaborate to provide sufficient facilities to detain noncitizens while they wait for their immigration proceedings. This will not be the last we hear of this ruling as politicians on different sides try to figure out the next move. This case will now return to district court where the Biden administration will attempt to terminate the protocols once and for all. Besides the most recent ruling, on Monday, June 13th, 2022, The Supreme Court ruled against allowing immigrants detained for long periods while they are fighting deportation to be granted hearings to decide whether they may be released on bond as their cases move forward. This applies to noncitizens who reenter the U. S. after receiving order for removal and placed in withholding-only proceedings. During this week of June 13, the Supreme Court decided two immigration cases (involving bond hearings for noncitizens in immigration detention) and declined to decide a third (involving the Trump-era “public charge” policy for green card applicants). One case decided is about a citizen of Mexico who has repeatedly entered the United States unlawfully, fleeing what they said was gang violence against their family. After they were arrested in 2018, an asylum officer made a preliminary finding that they had a reasonable fear of persecution if they were returned to Mexico. This individual was detained while waiting for an immigration judge to consider the request to halt their deportation. After four months without a hearing, the individual challenged the detention in federal court, saying that an immigration judge should decide whether they should be released while their case moved forward because the individual was neither a flight risk nor a danger to the community. Lower courts ruled in the individual’s favor. The U. S. Court of Appeals for the Third Circuit said that immigrants in similar positions were entitled to bond hearings after six months of detention. An immigration judge ordered the release. The federal government sought Supreme Court review, saying that the governing statute did not require bond hearings before immigration judges. A second case decided during the week, ruled on a related question, saying that detained immigrants could not band together in class actions to seek injunctions requiring periodic bond hearings. Lastly, the Supreme Court dismissed an appeal brought by a group of Republican-led states seeking to intervene in a case challenging the Trump-era "public charge" immigration policy, a version of which the Biden administration has abandoned. The case did not center on the legality of the rule but instead on whether the Biden administration followed proper procedures when it set out to revoke the rule and dismiss pending legal challenges. The Trump-era policy, an expansion of the so-called "public charge" rule, made it more difficult for immigrants to obtain legal status if they use certain public benefits, such as Medicaid, food stamps, and housing vouchers. Upon taking office, however, President Joe Biden ordered a review of the prior administration's rule and ultimately declined to defend it in court. In March 2022, the administration sought to dismiss the remaining pending challenges, leaving in place the nationwide injunction issued by the one federal judge. The administration removed the rule from the books and said it would ultimately issue a new regulatory definition of "public charge. " The justices took the case off its calendar. The "public charge" provision dates back at least to the Immigration Act of 1882. Federal lawmakers at the time wanted to make sure that immigrants would be able to take care of themselves and not end up being a public burden. Under current regulations put in place in 1996, the term is defined as someone who is "primarily dependent" on government assistance, meaning it supplies more than half their income. What does this mean for you? If the Biden administration can successfully terminate the migrant Protection Protocols, this will allow all asylum noncitizens to wait for their immigration proceedings in the U. S. instead of over the border in Mexico. The case rulings will affect thousands of immigrants detained for many months while their cases are decided by immigration courts facing long backlogs. The court did not consider what the Constitution has to say about the extended detentions of immigrants, leaving that question for another day. In relation to the appeal made by the republicans about the public charge provision, any individual using public benefits such as Medicaid, food stamps, housing vouchers, etc. , would be affected. This means that if the appeal were passed, all individuals using these public services would have a tougher time obtaining legal status. Thankfully, the Biden administration declined to defend the appeal in court. These public charges are assisting immigrating families coming to the U. S. from becoming burdens on the public. Individuals eligible for these public charges are considered as someone dependent on government assistance to provide for more than half their income. --- - Published: 2022-05-12 - Modified: 2022-05-12 - URL: https://www.srlawpa.com/elys-guide-for-new-immigrants/ - Categories: Uncategorized Our clients and all immigrants around the country migrate to the U. S. for different reasons and through different processes. It can be through a family-based petition, spousal petition, asylum, employment visa, among others. Regardless of the process, if approved, they all have the same outcome: the nonresident alien becomes a Lawful Permanent Resident (LPR) of the United States. Today, I bring you a guide on what to do and not to do as a new Lawful Permanent Resident. What is a Lawful Permanent Resident? First and foremost, let’s start with the basics of what constitutes an LPR status. The term LPR refers to a person who is an immigrant and holds a Permanent Resident Card (I-551 or “Green Card”). In other terms, an LPR is an individual who is lawfully authorized to live and work in the U. S. permanently and shares some but not all of the benefits as a citizen. What are the benefits of a Green Card? It opens a pathway to U. S. citizenship after 3-5 years It cannot be revoked with potential changes to immigration laws It can be renewed every 10 years You can live permanently in the U. S. so long as you do not commit any actions that make you removable under immigration law You can sponsor immediate family members You have the same legal protections under the law as U. S. citizens You can receive federal benefits What are the responsibilities of a Lawful Permanent Resident? You must maintain your primary residence in the U. S. You are required to report your income and file tax returns to the IRS You must obey all laws of the U. S. at the local, state, and federal levels Male LPRs that are between 18-25 years of age, are required to register with the Selective Service What are some rights and benefits that U. S. citizens have but do not apply to LPRs? LPRs don’t have the right to vote in any local, state, or federal election LPRs can’t automatically extend their legal status to their children under 21 years old LPRs are not fully protected from deportation LPRs can’t run for office LPRs are not allowed to live outside the U. S. for an extended period of time How do I protect my Green Card? As previously mentioned, your permanent residency status cannot be revoked with future changes to immigration law. However, certain crimes and prohibited acts could potentially cause you to lose your green card. Some of these are: Falsely claiming to be a U. S. Citizen under any circumstances and in any way. A false claim to U. S. citizenship, in writing or verbally, is a serious violation of the law and can have extreme consequences such as deportation. Such an act is rarely ever deemed forgivable under immigration law. Being arrested and convicted of certain crimes can cause you to lose your green card and face deportation. Some examples of these crimes are domestic violence crimes, firearms offenses, drug offenses (including marijuana), and any crime that constitutes moral deprivation. Holders of a Conditional Permanent Residency, which is valid for 2 years, are required to apply for removal of these conditions after 2 years. Failing to file for a Removal of Conditions on a green card (I-751) can result in the termination of conditional residency and face possible deportation. As we mentioned before, LPRs should not remain outside of the U. S. for an extended period of time. By doing so, you pose the risk of being considered an abandonment of your permanent resident status. Trips of one year or more will likely result in a determination that you have abandoned your permanent resident status unless you have obtained pre-approval for the extended absence through a document known as a re-entry permit. As always, consult with an attorney to get answers to specific questions you may have on what to do after obtaining your Lawful Permanent Resident status in the U. S. --- - Published: 2022-04-20 - Modified: 2022-04-20 - URL: https://www.srlawpa.com/can-you-be-deported-for-smoking-weed-on-4-20-in-2022/ - Categories: Uncategorized Weed, pot, ganja, grass, Mary Jane, dope, herb, or Chronic... whatever you want to call it, there’s no doubt its moment in the spotlight has arrived. Eighteen U. S. states (and D. C. and Guam) have legalized recreational marijuana consumption. Many more have also decriminalized possession and/or passed medical use regulations. BUT are there any federal recreational marijuana laws? The simple answer is: NOT YET. To date, the federal government has not kept pace with the states, and marijuana use is still a crime at the federal level. As a result, lawful permanent residents, visa holders, and undocumented immigrants alike all face consequences for using marijuana despite recent state laws decriminalizing and/or legalizing use because federal law controls immigration. These consequences include losing their status, not being allowed to apply for citizenship, not being allowed into the U. S. after travelling abroad, and—perhaps the most severe—possibly being deported, all for something that may be legal in their state. According to a Human Rights Watch report, for more than 34,000 immigrants deported between 2007 and 2012, the most serious conviction was for marijuana possession. Similarly, a TRAC review of ICE documents from fiscal years 2012 and 2013 found that marijuana possession was one of the top five most common offenses for which ICE issued immigration detainers against individuals. This means that thousands of non-citizens are funneled into ICE custody for removal hearings after being charged with low-level marijuana possession offenses. Prior Homeland Security Secretary John F. Kelly has said that “ICE will continue to use marijuana possession, distribution and convictions as essential elements as they build their deportation removal apprehension packages for targeted operations against illegal aliens living in the United States. ” A single marijuana possession offense makes an immigrant inadmissible and/or deportable under the INA which can often close off eligibility for many types of relief from deportation. Similarly, a noncitizen otherwise eligible to receive an immigrant visa would be rendered presumptively ineligible for that visa with one marijuana offense on his or her record, no matter how long ago the offense occurred and how little marijuana was involved. Limited waivers are available but they can be hard to get. It remains to be seen how federal authorities are going to address the shifting legal situation surrounding marijuana, but in the meantime, the topic is a serious concern for immigration attorneys and their client. Apart from the obvious advice that all noncitizens should avoid use of marijuana given the current divide in law, I would further advise that noncitizens avoid accepting lawful jobs at marijuana shops or dispensaries. Even entry-level work at a facility can be considered by the federal government as aiding drug trafficking. Additionally, under federal law, a conviction doesn’t actually have to exist; an officer’s “reason to believe” that a person has done something that amounts to drug trafficking is sufficient to ruin his or her future. Another issue with the increased decriminalization of marijuana involves attorney representation in the criminal system. As many states decrease penalties for simple possession to minor citations, more and more noncitizens are simply “paying the fine” instead of contesting the charge, and thus admitting guilt to marijuana violations. As a result, noncitizens are putting themselves in vulnerable positions that can lead to removal from the country without ever appearing in court, receiving advice of counsel, or receiving plea warnings from a judge. Many have long argued that the current federal inadmissibility and deportability grounds are unfair given how much more severe the consequences to noncitizens are than to citizens who violate or commit the same minor offenses. What may only yield a small fine in criminal court, may also get a noncitizen deported in immigration court. In my opinion, the injustice has never been clearer than it is right now. There is no excuse for the continued removal or exclusion of noncitizens due to activities considered lawful in their states. Unfortunately, all we can do is wait and hope that at some point federal law will align itself with evolving state law and provide equal justice for all. --- - Published: 2022-03-02 - Modified: 2022-03-02 - URL: https://www.srlawpa.com/becoming-a-u-s-citizen-what-is-naturalization-and-who-qualifies/ - Categories: Uncategorized For our clients and everyone who migrates to the United States, the ultimate American dream is becoming a U. S. citizen through the process of Naturalization. Naturalized citizens have the same rights and responsibilities as U. S. -born citizens, including but not limited to the right to vote and the ability to sponsor immediate family members to be able to come to the United States. Most importantly, once obtained, U. S. citizenship cannot be abandoned or lost by spending extended periods outside of the United States, and U. S. citizens cannot be deported (as is the case with permanent residents). Let’s go over the basics of Naturalization and what to expect in the process. What Is Naturalization? It is the process by which a lawful permanent resident applies for and is granted U. S. citizenship. U. S. citizenship is a legal status that offers many benefits and responsibilities, including the ability to vote in U. S. federal elections, serve on a jury, travel with a U. S. passport, and bring family members to the United States. Applying for citizenship is a very personal decision as it comes with a great deal of responsibility. When you become a U. S. citizen, you are taking an oath to support the principles of the U. S. Constitution, to renounce allegiance to a foreign state, and to bear arms on behalf of the United States when required by law. In some cases, obtaining U. S. citizenship may mean losing the citizenship of your home country. For many people, the naturalization process is relatively simple. However, if you are unable to meet all the naturalization requirements highlighted below, you should speak to an attorney before making the important decision to apply for U. S. citizenship. What are the Basic Requirements for Naturalization? Be at least 18 years old Be a lawful permanent resident for at least five years or three years if you obtained your “Green Card” through your U. S. Citizen spouse. Be able to demonstrate physical presence in the United States for at least 30 months out of the last five years before filing (or 18 months out of the last three years if you are married to a U. S. citizen) Be able to demonstrate continuous residence in the United States Have resided for at least three months in the state where you are filing the naturalization application Be able to read, write, and speak basic English Understand the fundamentals of U. S. history and government Be willing to take the Oath of Allegiance Meet the good moral character requirements What Is Good Moral Character? Demonstrating good moral character means that your character measures up to the standards of the average citizen in your community. You must show that you have good moral character during the five-year period immediately preceding your application for naturalization and up to the time of the Oath of Allegiance. However, USCIS may also look at conduct prior to the five-year period in certain circumstances. Some examples of conduct that demonstrates a lack of good moral character and could make you ineligible for naturalization include but are not limited to: Having been convicted of murder Having been convicted of certain aggravated felonies, which include crimes of violence, money laundering, alien smuggling, and document fraud, to name a few Committing a crime involving moral turpitude Violating a controlled substance law (whether in the United States or abroad) Being involved in prostitution Earning income principally from illegal gambling activities Willfully failing or refusing to support dependents Being a habitual drunkard What is the Naturalization Process Like? When you submit the Naturalization application (Form N-400) to USCIS with the appropriate government filing fee, you will receive a receipt notice as confirmation that your case has been received and is being processed. This notice contains a number that allows you to track your case online. Weeks to months later, you will receive a biometrics appointment notice asking you to have your fingerprints and photo taken at your local USCIS office. After some time, you will be scheduled for an interview. At the interview, an officer will test your knowledge of English and U. S. civics. If you pass the test and meet all the other requirements for naturalization, you will be scheduled for a naturalization ceremony, which is where you will take the Oath of Allegiance to the United States and officially become a U. S. citizen. As always, we advise seeking the help of an immigration attorney to go over your individual situation and help you through this process, especially if you don’t meet all the naturalization requirements. --- - Published: 2022-02-04 - Modified: 2022-02-04 - URL: https://www.srlawpa.com/whats-the-difference-between-a-fiance-visa-k-1-and-a-spousal-petition/ - Categories: Uncategorized Our office serves many clients who have found love across borders and now wish to petition for a new spouse who is abroad and unable to enter the United States. In this situation, we are often asked “which is better: a fiancée visa or should we marry abroad first and then file for a spousal petition/visa? ” For binational couples, the ultimate goal is for the soon-to-be immigrant husband or wife to obtain a Green Card; however, there are multiple options available to make that happen. As always, the best course of action is to start by consulting an experienced immigration attorney that can advise on the best choice based on the facts of the case and the specific circumstances. That being said, there are benefits and negatives to both types of processes, and what may be a great fit for one couple, may not work for another. Let’s go over some K-1 Nonimmigrant Visa (popularly known as a Fiancé Visa) and Marriage-Based Petition basics. What is a K-1 Visa? A K-1 Nonimmigrant Visa or Fiancé Visa allows you as a U. S. citizen to bring your foreign fiancé(e) to the United States with the promise you will get married within 90 days of your fiancé(e) entering the U. S. as a K-1 nonimmigrant. After which, they can apply for lawful permanent residency. What is a Marriage-Based Petition/Visa? In the case that you are already married to your foreign spouse, you can file an I-130 petition to initiate the green card process. This option is available to both U. S. citizens and Legal Permanent Residents. Once I-130 is approved, you can then submit the Immigrant Visa application. What are some key differences between a K-1 Visa and a Marriage-Based Petition/Visa? When unfamiliar with legal terminology, immigration processes can appear to be the same. Some distinct differences to help you understand them better are: K-1 Visa The petitioner must be a U. S. citizen The couple is not yet married. The couple must have met in person within the two years prior to submitting the application. The couple can only get married inside the U. S. It’s a temporary visa. The couple has 90 days to marry once the foreign fiancé enters the U. S The immigrant spouse can only apply for a Green Card from inside the U. S. after marriage. I-130 Spousal Petition The petitioner can be either a U. S. Citizen or a Legal Permanent Resident. The couple is already legally married upon filing. This is a permanent visa process. The immigrant spouse can apply for a Green Card outside the U. S. The foreign spouse enters the U. S. as a permanent resident from day one. Which option would be better? Common questions to consider when choosing which is best for a particular couple: Is the couple legally able to marry abroad? For example, same-sex couples have trouble doing so in many countries where this option has not been legalized, and in those cases, a fiancée visa is the best solution. Is the couple 100% sure they want to move forward with the marriage and will have no issues cohabitating? If not, a fiancée allows for a 90-day trial period. If choosing a fiancée visa, upon arrival is the foreign spouse willing to not work until the arrival of an employment authorization document (6-12 months)? This can be a financial and emotional hardship for many people. What is the process for marriage in the immigrant spouse’s home country? Some countries have onerous requirements. Where would you like to have your wedding ceremony? Sometimes having family present is all that matters. If choosing a fiancée visa, upon arrival is the foreign spouse willing to not travel abroad until the arrival of a travel permit (6-12 months)? This can be a hardship for many people. Is the US. . person a citizen? If the petitioning party is only a lawful permanent resident, s/he is not allowed to file a fiancée application unless s/he chooses to naturalize first, and a spousal petition is the only option available. Is cost a consideration? The spousal visa process tends to cost less overall from beginning to end. Choosing the option that it’s best will depend on your specific needs and situation. The U. S. immigration system is very complex. As always, it is best to consult and hire an attorney to go over your individual situation and together decide the best course of action for you and your partner. visa --- - Published: 2022-01-05 - Modified: 2022-01-05 - URL: https://www.srlawpa.com/2021-immigration-year-end-review/ - Categories: Uncategorized Two-thousand-twenty-one was a year of reformation in the U. S. immigration world. With a new presidential administration in office and the effects of the ongoing COVID-19 pandemic, U. S. immigration has experienced several changes. We’ve rounded up all of the must-know immigration events of 2021 to keep you in the loop. January: President Biden took office and unveiled an immigration plan focused on reforming the country’s immigration system. January 26: President Biden signed three executive orders to undo some of the previous administration’s regulations. The first executive order included an examination of recent regulations and policies established by the previous administration, including the Public Charge Rule. The second order commissioned a review of Trump’s policies limiting asylums and addressed immigration matters in Central America. Lastly, the third order mandated the reunification of over 5,000 families separated at the border during the “zero tolerance” policy. February 4: Biden issued an executive order to increase refugee admission into the U. S. to a 125,000-person cap. A significant increase in comparison to the previous administration’s 15,000-person cap. February 18: White House proposed the U. S. Citizenship Act of 2021, an 8-year pathway to citizenship. February 22: Biden Administration reversed the previous administration’s revised U. S. Citizenship civic test to the 2008 test. February 24: The president signed executive order to lift the ban on new green cards ordered during the COVID-19 pandemic in 2020. March 9: DHS revoked Public Charge Rule established by the previous administration in 2019. March 17: The House passed a bill that would allow DACA recipients and TPS holders to obtain legal status. May 10: White House announced the reinstatement of the Immigrant Entrepreneur Program established by the Obama Administration in 2017. May 18: The Department of State announced a new policy to grant U. S. citizenship to children of U. S. citizens born abroad via in vitro fertilization or surrogacy. July 16: A federal judge in Texas blocks DACA program, ruling that the U. S government could no longer accept new applications. September 14: USCIS announced it would be requiring proof of vaccination against COVID-19 to applicants seeking permanent residence. September 27: Biden Administration announced a new rule to redesign the DACA program. November 19: The House passed a spending bill with more than $100 billion allocated to immigration reform. As 2021 came to an end, we are curious to see what this new year will bring to the ever-changing U. S. immigration system. --- - Published: 2020-09-11 - Modified: 2020-09-11 - URL: https://www.srlawpa.com/spotlight-interview-ronald-a-marini-esq/ - Categories: Uncategorized Spotlight Interview: Ronald A. Marini, Esq. Tax Attorney US tax law is notoriously complex and ever-changing, for US Citizens, Lawful Permanent Residents, and all income earning individuals in the US. This month, I’m pleased to introduce you all Ron Marini. Ron is a tax attorney with over 35 years of experience in the areas of tax law, both international and domestic, including representation before the IRS during IRS audits, IRS appeals, IRS collections actions, and before the US tax court. What is it you like most about your practice? I love being able to make a difference in people’s lives, based upon my extensive knowledge of international tax law and IRS tax procedures. Whether taxpayers are immigrating to the US and need pre-migration tax planning or whether they are besieged by the IRS during an IRS Audit, Administrative Appeal, Collection Process or Tax Court filing; we have > 100 years of combined experience in providing international tax advice and in providing Tenacious Representation before the IRS, in order to represent our clients to the Full Extent that the Law Allows! US tax law is notoriously complex and ever-changing. The firm’s attorneys have over 100 years of combined experience in advising on laws, regulations, practices and procedures that impact clients and their businesses. Whether the concern is US Federal (IRS) or Multi-State tax issues for a domestic or a multinational business entity or planning for a foreign national immigrating to the US (Inbound) or planning for a US taxpayer emigrating from the US as an Expatriate (outbound); Marini & Associates, PA is available to provide proactive advice and tax planning. Our philosophy in planning is to provide Experienced Solutions for our client’s problems and to structure transactions in order to Avoid or Minimize Future Problems. When taxpayers have an IRS problem, it is overwhelming trying to defend yourself against this formidable governmental organization, who has all that they need to take everything you have. Whether it’s undergoing an IRS audit, which can be a very stressful time for the taxpayer, navigating a taxpayer through the process of making a successful appeal to the IRS Office of Appeals or Tax Court or helping taxpayers who find themselves in a position where they can never pay off the IRS; our Team of Tax Attorneys have > 100 years of combined experience and are highly effective, solution-oriented tax attorneys, who care about the clients we represent! Don’t you get tired of doing the same thing every day? With the diversity of needs from our various clients who seek tailored advice on pre-immigration tax planning or need specific tax solutions and representation during IRS tax audits or during IRS tax collection actions, such as tax lien & tax levy enforcement; there is no fatigue from “doing the same thing every day,” since every client situation and every clients tax defense is unique, exciting and challenging. Where is your office? Our Main Dadeland Office is located at Town Center One, 8950 SW. 71st Ct. , Suite 1811, Miami Florida, right across from the Dadeland Mall and we also have a Satellite Downtown Office located at Courthouse Tower. Is there a part of your job that you dislike? I dislike having clients coming to seek our advice after they’ve lost an opportunity for pre-immigration tax planning or successfully protesting an IRS tax matter, as time for the protest has expired. Is there any relationship between immigration law and your practice? Absolutely, especially where it is a high net worth client. A US resident or citizen must pay income tax on their “World Wide” Income” and must also pay gift and estate taxes on transfers of all “World Wide”assets, so there is the opportunity to avoid this by transferring non-US assets before establishing US residency. On average, 1 million people attain legal immigrant status each year in the U. S. In 2017, 44. 5 million people in the U. S. were immigrants. People choose to immigrate to the U. S. for a variety of reasons: in search of safety and security that cannot be found at home, in pursuit of a quality education or in the hope of achieving the “American dream. ” Whatever the reason, those who come to the U. S. and, in particular, those with great wealth, have a lot to learn about the American tax system. The U. S. is one of only two countries in the world that imposes taxes based on citizenship, rather than on whether or not an individual resides in the country, and is the only country with inheritance, estate and gift taxes. As such, foreign nationals may not fully appreciate the importance of planning prior to becoming a citizen. Future immigrants would be wise to take the time to consult with an experienced international tax attorney to assess their financial situation and plan accordingly before they become U. S. taxpayers in order to best conserve their wealth for themselves and future generations. As for US immigrants on various different types of visas, they should be sure to consult with an experienced tax attorney when handling IRS matters to make sure that any settlement does not result in disqualifying their current visa status. The Supreme Court held in Kawashima v. Holder (Feb. 21, 2012) that filing a false tax return in violation of IRC Section 7206(1) as well as other criminal tax offenses are aggravated felonies which can result in deportation of a resident alien. Kawashima reaffirms the necessity for tax attorneys to work with and consult with immigration counsel when advising clients. How can our readers reach you? For more information on the tax attorneys of Marini & Associates PA please go to www. TaxAid. com. Ronald A. Marini, Esq. MARINI & ASSOCIATES PROFESSIONAL ASSOCIATION TOWN CENTER ONE 8950 SW 74TH COURT SUITE 1811 MIAMI, FL 33156 __________________ COURTHOUSE TOWER 44 WEST FLAGLER SUITE 2050 MIAMI, FLORIDA 33130 __________________ PHONE: (305) 374-4424 FAX: (305) 374-6002 EMAIL: RMARINI@TAXAID. COM HOMEPAGE: WWW. TAXAID. COM --- - Published: 2020-09-11 - Modified: 2020-09-11 - URL: https://www.srlawpa.com/what-does-the-uscis-october-2nd-fee-increase-mean-for-your-case/ - Categories: Uncategorized The United States Citizen and Immigration Services (USCIS) announced changes to its fees on July 31, 2020. It also announced that, in addition to the changes in the fee structure, there would be changes in the way in which USCIS applications were processed. The fee increase will be taking effect on October 2, 2020. The changes include a weighted fee increase, which averages 20%, and changes to several forms, including employment authorization applications. Any filings postmarked from October 2, 2020, onwards will be more expensive, and the new forms will be required. U. S. employers and applicants for immigration benefits should file their applications before this date as there will be a significant impact on the likelihood of applications being approved and the number of people who can even afford to apply once the changes come into effect. Essentially this means that fees for businesses, new citizens, and international students who need work authorization will be paying more for their applications and petitions. The Trump administration will have furthered its objective of restricting immigration because these new fees and processes will make it very difficult for people who want to become citizens and for businesses seeking to employ skilled workers from outside the USA. What Is the United States Citizenship and Immigration Services Fee? The United States Citizen and Immigration Services fee is the fee paid to apply to become a citizen of the United States of America or to immigrate to the United States of America, or both. It covers the overhead and adjudication costs of the agency and biometric services. USCIS is offering a reduction of $10 on filing fees for specific applications being submitted online. These applications include renewals of permanent resident cards—green cards—and naturalization applications. Immigrant Visa processes for all category types will be impacted, as well. Most fees for employment-based processes increase, but the employment-based immigrant visa petition fees decrease by 21%. The longstanding practice of bundling fees will end. Currently, while the Adjustment of Status is pending, the application fee of $1,250 includes the Employment Authorization Document (EAD), Advanced Parole (A. P. ) applications, and the biometrics fee. Under the new rule, the adjustment of the status application increases to $2,270, and additional costs will need to be paid for the EAD ($550) and A. P. ($590) renewal applications. Applicants under the age of 14 will no longer benefit when applying with a parent. Instead of a reduced fee of $750, the applicants will be required to pay a fee of $1,130. What about applying for Asylum? The United States Citizen and Immigration Service will, with the new rule, be one of the few countries to charge someone for applying for asylum ($50). Asylum seekers will also now have to pay $490 for an Employment Authorization Document. These fees are one of the policy changes that are designed to discourage individuals from seeking asylum in the United States of America. Who Will Be Impacted? Businesses, new citizens, and students are the people who will be most impacted by the changes in the USCIS fees and processes. It will be challenging for companies wanting to employ skilled workers, people who want to be American citizens or seek asylum, and students who wish to study at an American educational institution. What Does This Mean in Practicality? The new fee and processing rules will make it very difficult for anyone to immigrate to America due to the increased fees. The ‘unbundling’ of immigration fees almost double the current cost of immigration and restricts applicants to those who can afford the new fees. Processing times will also increase, making the time it takes to become an American citizen much longer. The new rules will impact heavily on the hundreds of thousands of green card holders who will not be able to become full citizens and will not be able to vote in the next elections. The new USCIS rule is receiving much criticism for over-burdening lawful permanent residents financially amid a significant economic downturn as well as depriving them of gaining full U. S. citizenship and, as such, depriving them of the right to vote. According to research by the Pew Centre, over 23 million U. S. immigrants, making up 10% of the electorate, will be eligible to vote in 2020. Immigration activists believe that the increases are more to reduce these numbers and suppress voters than to cover the USCIS’s bloated salary bill. The American Immigration Lawyers Association, along with the Sidley Austin law firm, filed a lawsuit against the USCIS on behalf of a coalition is leading immigrant’s rights associations seeking a nationwide emergency injunction against the new rule. However, it would be wise for anyone making applications of any kind to do so as soon as possible before the rule comes into effect on October 2, 2020. --- - Published: 2020-04-19 - Modified: 2025-06-17 - URL: https://www.srlawpa.com/1432-2/ - Categories: Uncategorized Can You Be Deported for Smoking Weed on 4/20 in 2020? Weed, pot, ganja, grass, Mary Jane, dope, herb, or Chronic... whatever you want to call it, there’s no doubt its moment in the spotlight has arrived. Eleven U. S. states (and D. C. ) have legalized recreational marijuana consumption; those states include California, Massachusetts, Illinois, Nevada, Vermont, Maine, Michigan, Colorado, Oregon, Washington and Alaska. Many more have also decriminalized possession and/or passed medical use regulations. BUT are there any federal recreational marijuana laws? No. To date, the federal government has not kept pace with the states, and marijuana use is still a crime at the federal level. As a result, lawful permanent residents, visa holders, and undocumented immigrants alike all face consequences for using marijuana despite recent state laws decriminalizing and/or legalizing use because federal law controls immigration. These consequences include losing their status, not being allowed to apply for citizenship, not being allowed into the U. S. after travelling abroad, and—perhaps the most severe—possibly being deported, all for something that may be legal in their state. According to a Human Rights Watch report, for more than 34,000 immigrants deported between 2007 and 2012, the most serious conviction was for marijuana possession. Similarly, a TRAC review of ICE documents from fiscal years 2012 and 2013 found that marijuana possession was one of the top five most common offenses for which ICE issued immigration detainers against individuals. This means that thousands of non-citizens are funneled into ICE custody for removal hearings after being charged with low-level marijuana possession offenses. Prior Homeland Security Secretary John F. Kelly has said that “ICE will continue to use marijuana possession, distribution and convictions as essential elements as they build their deportation removal apprehension packages for targeted operations against illegal aliens living in the United States. ” A single marijuana possession offense makes an immigrant inadmissible and/or deportable under the INA which can often close off eligibility for many types of relief from deportation. Similarly, a noncitizen otherwise eligible to receive an immigrant visa would be rendered presumptively ineligible for that visa with one marijuana offense on his or her record, no matter how long ago the offense occurred and how little marijuana was involved. Limited waivers are available but they can be hard to get. It remains to be seen how federal authorities are going to address the shifting legal situation surrounding marijuana, but in the meantime, the topic is a serious concern for immigration attorneys and their client. Apart from the obvious advice that all noncitizens should avoid use of marijuana given the current divide in law, I would further advise that noncitizens avoid accepting lawful jobs at marijuana shops or dispensaries. Even entry-level work at a facility can be considered by the federal government as aiding drug trafficking. Additionally, under federal law, a conviction doesn’t actually have to exist; an officer’s “reason to believe” that a person has done something that amounts to drug trafficking is sufficient to ruin his or her future. Another issue with the increased decriminalization of marijuana involves attorney representation in the criminal system. As many states decrease penalties for simple possession to minor citations, more and more noncitizens are simply “paying the fine” instead of contesting the charge, and thus admitting guilt to marijuana violations. As a result, noncitizens are putting themselves in vulnerable positions that can lead to removal from the country without ever appearing in court, receiving advice of counsel, or receiving plea warnings from a judge. Many have long argued that the current federal inadmissibility and deportability grounds are unfair given how much more severe the consequences to noncitizens are than to citizens who violate or commit the same minor offenses. What may only yield a small fine in criminal court, may also get a noncitizen deported in immigration court. In my opinion, the injustice has never been clearer than it is right now. There is no excuse for the continued removal or exclusion of noncitizens due to activities considered lawful in their states. Unfortunately, all we can do is wait and hope that at some point federal law will align itself with evolving state law and provide equal justice for all. --- - Published: 2019-12-13 - Modified: 2025-06-17 - URL: https://www.srlawpa.com/784-2/ - Categories: Uncategorized Spotlight Interview: Israel Sands, Esq. Wills, Trusts, and Probate Attorney This month I am honored to feature Wills, Trusts, and Probate attorney, Israel Sands for our SPOTLIGHT INTERVIEW. Israel, thank you for taking the time to sit with us. What is it you like most about your practice? Thanks for having me. I love to help people, to explain things to them, and to solve their issues. I am an older sibling. Studies have shown a strong correlation between being an estate planning practitioner and being an older sibling, because we are the “responsible ones”, we are used to looking after everybody. I remember my joy when an older Cuban lady who on her way out sighed and said, “One walks out of here feeling so much better than when one arrives! ” Don’t you get tired of doing the same thing every day? In spite of the fact that my practice is limited to wills, trusts, and probate, my work is not repetitious. Most days I work in English, Spanish, and French, even if it’s a few calls or emails in each language. I have clients of varying ages and economic situations. The art of what I do is designing estate plans that respond to the singular situation of each client. Where is your office? My office is in South Beach, with easy parking, but I usually meet clients in my home in Coconut Grove, which is more central for most people. I am also happy to meet clients at their home or office, or the office of a referring attorney: wherever the clients feel most comfortable. Is there a part of your job that you dislike? I dislike keeping track of my time. Keeping track of my time has zero creativity and zero human element. Most of my work is done on a flat fee basis, which avoids my keeping track of time, and encourages a client to communicate with me as often as necessary to arrive at an optimal result. Is there any relationship between immigration law and your practice? Absolutely, if the client is high net worth. A US resident or citizen must pay gift and estate taxes on transfers of all worldwide assets, so there is the opportunity to avoid this by transferring non-US assets before establishing US residency. Also, if there are some future heirs who are US residents and some who aren’t, a good estate plan gives foreign assets to the non-US residents to avoid future gift and estate taxes. Also, there are strategies to avoid estate and gift taxes (which are 40%) on US property for non-residents. What is probate and why do people always want to avoid it? Probate is the judicially supervised transfer of assets that a person owns at their death. It costs upward of $5,000 in Florida and takes upward of 6 months. It can be avoided by doing an estate plan which structures assets so that everything passes outside of probate: that is to say, everything the person owns passes to the heirs automatically at death, or through a trust. In the international arena with assets and heirs in more than one country, probate becomes more expensive and complicated. Do you like probate better, or estate planning? Estate planning is more creative and process-driven, like writing a short story. Probate is more formulaic and results-driven, like solving a puzzle. For me a good day includes both. If you won the lottery would you keep working if you didn’t have to? Yes, but it would be an even more focused practice. I would buy a stateroom on The World, the exclusive cruise ship that constantly navigates the entire globe, and I would do estate planning just for fellow passengers. ISRAEL SANDS, J. D. LL. M. Wills, Trusts, and Probate Law Rated AV Martindale Hubbell (highest rating) 1210 Washington Avenue, #245 Miami Beach, FL 33133 (305) 951. 3333 www. israelsands. com Thank you, Israel, for sharing your knowledge with our subscribers. This is Elina signing off until next month's spotlight interview. Have a great month! --- - Published: 2019-12-13 - Modified: 2025-06-17 - URL: https://www.srlawpa.com/787-2/ - Categories: Uncategorized Immigration Year-End Review: The Good, The Bad, and The Constant Flux Immigration was one of the hottest topics in U. S. news and politics in 2019. It has been a time of significant change in policy, with more changes seemingly in the horizon. To help you catch up with these significant events, here is a 2019 immigration year-end review to recap: the good, the bad, and the constant changes. January 8: This day marked the 18th day of the partial government shutdown that started 2019. President Trump requested that Congress allocate $5. 7 billion for his wall project or a steel barrier per a compromise with the Democrats. The president would refuse to sign any legislation to end this shutdown without these allocated funds. January 2019: MPP (Migrant Protection Protocol) was established by President Trump’s administration. The administration stated that this was necessary to “restore order” to the immigration process. This protocol states that immigrants who come over the border from Mexico without proper documentation will be returned across the border to wait outside of the country for their immigration proceedings. February 15: The president signed legislation that would end the shutdown, which only included $1. 375 for the proposed wall. On this same day, he declared a state of emergency and instructed $8. 1 billion to be used to build his border wall. There would later be lawsuits filed against this declaration. April 2019: A memo was released from the White House that the President wanted to create changes to the asylum policies. Regulations were proposed that would add fees to the work permit application and asylum application. It would also preclude asylum seekers from working during their proceedings as well as place a 180-day limit for these cases to be adjudicated. May 2019: A memo was issued by USCIS that discusses the protections of unaccompanied children, which impacts several protections, such as one that offers exemptions from the filing deadline (1 year) and interviews, and this became effective on June 30th, though in August a court issued a TRO (Temporary Restraining Order) to prohibit it from implementation. July 2019: The Third Country Transit Asylum Rule was published jointly by the DHS and DOJ. This rule would place additional restrictions on the asylum process for people who are seeking asylum in the US. This rule makes it so that immigrants coming in from the southern border must have applied for asylum in another country as well. These departments argued that this was a necessary step to mitigate the crisis at the southern border and promised further to identify and assist people legitimately seeking asylum. July 2019: EB-5 reform occurred after the USCIS made significant changes to the EB-5 Immigrant Investor Program. This program allows people to apply for conditional legal residence in the US as long as they invest in a commercial enterprise in the US that created at least ten full-time jobs for people who are eligible to work in America. The reforms increase the minimum level of investment and strive to restrict the potential of gerrymandering. July 2019: Attorney General Barr reversed a decision that would limit asylum eligibility for people who have been targeted or harmed based on their family. July 2019: An Interim Final Rule was implemented that states any undocumented person who lacks evidence of being in the country continuously for two years can be put in an expedited deportation process. These individuals do not get the opportunity to speak to an attorney or plead their case, except in the cases of seeking asylum. August 2019: There were changes made to the Public Charge Grounds, which is a rule that was created to ensure that immigrants are self-sufficient. The new law focuses on immigrants who receive any amount of public benefits within 12 months of a 36-month timeline. Applications will be carefully looked at to determine if the immigrants can support themselves through their work, getting support from family members, or some other private organization. They will need to prove that they can support themselves without the help of public assistance. October 2019: Several states filed lawsuits against the Public Charge rules, which has delayed the implementation of this rule until there is a resolution to the litigation on this topic. October 2019: The SSA (Social Security Administration) resumed a practice where they issue a no-match letter to employers. These letters notify the employer that the SSN (Social Security Number) and name do not match the information that they have in their database. By December 2019: The Asylum Division of USCIS to hire an additional 500 people to staff this division, which was a basic timeline of what happened over the year regarding immigration. Here are some other notable mentions in 2019: SOME OTHER UPDATES... ... Credible Fear In 2019, the USCIS Asylum Division received over 105,000 cases of credible fear, which was about 5,000 more cases than they received in the previous year. The five countries that had the most credible fear cases are Honduras, Cuba, Guatemala, El Salvador, and India. Refugees In 2019, it was estimated that tens of thousands of refugees were processed overseas, which helped them meet the admissions ceiling of 30,000 refugees in that year. The USCIS implemented a pilot program that uses UNHCR biometric records to validate the identities of the refugee applicants. DACA A significant component that is frequently discussed in immigration is DACA (Deferred Action for Childhood Arrivals). In 2017, there were about 700,000 people who were protected under DACA. This program was ordered by President Trump to end in 2017, but the DACA individuals can stay in the program as the courts decide on the fate of these individuals. The administration isn’t required to accept new applicants into the program. It is anticipated that this will be decided by the Supreme Court in 2020. --- - Published: 2019-11-19 - Modified: 2025-06-17 - URL: https://www.srlawpa.com/779-2/ - Categories: Uncategorized SPOTLIGHT INTERVIEW Lauren A. Marsicano, Esq. Business Law Attorney Many individuals seek to enter the US with visas through business investments, but they neglect to thoroughly vet the businesses or review the potential contracts before investing the large sums necessary to secure such visas. This month, Lauren Marsicano, Esq. will discuss her experience with businesses, franchises, and what to lookout for when investing in the right venture in our SPOTLIGHT INTERVIEW. Q: Thanks for taking the time to talk with us today, Lauren. First off, please tell our readers about yourself. What is the nature of your practice? A: Our law firm, Marsicano + Leyva PLLC, focuses on business and family law cases. My half of the practice focuses exclusively on business law and commercial litigation. Essentially, I deal with agreements, or disagreements, between businesses and individuals and the legal issues that may arise. Whether it’s launching a business, building a business, or protecting a business, I serve clients as outside general counsel where I handle almost all the legal aspects that can arise while running a business. Not only have I worked for large Fortune 100 companies, but I’m also a business owner myself. This intimate knowledge and understanding better prepares me to anticipate problems and provide creative, cutting-edge legal solutions for my clients. Q: When launching a business, what’s are the biggest mistakes someone can make that are also the easiest to avoid? A: The biggest issue I’ve seen is the number of people that fail to invest in themselves and their businesses and fail to get a business lawyer involved early. Yes, you can launch a company with little investment, but in many cases, launching without a proper protection strategy and business plan can lead to six-figure mistakes down the road. I’ve seen cases where the business owner launched on their own and started conducting business believing that his own personal assets were secure merely because he had formed a business. He proceeded to use company funds and comingled them with his own, essentially using the company as his own personal piggy bank. When he was sued, the party suing him was able to get at his own personal assets to satisfy the judgment because he had failed to abide by proper corporate procedure and was using the company improperly. In another case, I’ve seen an owner lose a six-figure investor because, during the due diligence phase, it came out that the business owner had made zero efforts to create any Operating Agreement or put into place any written processes or procedures. The investor left the deal because he believed that if the owner wasn’t taking the steps to invest in the protection of his own money and business assets, then how could the investor trust the owner with the investor’s funds? In both cases, simply investing a few thousand dollars in proper corporate documents and legal advice on how to launch and run the business could have saved hundreds of thousands of dollars. Take the time to either save up the funds to launch or secure the necessary business loans so that you have the money necessary to hire the team you need to advise you initially (usually at least a business lawyer and a CPA). At bare minimum, you need to invest in high-quality educational tools and resources that will give you the proper legal foundations to launch your business confidently while minimizing risk. You get what you pay for (so think about that when you look at the next “free” product). Q: For foreign nationals looking to invest in a business (like a franchise) in order to secure a visa to enter the US, what advice would you give them? A: Get a business lawyer on your side IMMEDIATELY. Many business attorneys have connections with owners looking to expand their companies or sell their companies to foreign investors. Franchises are a popular option because they provide a lot of the support and know-how for the launch and business operations of their particular company and in niche industries. However, many potential foreign investors (and potential franchisees in general) fail to read all the terms of the purchase agreements (if buying a business) or the Franchise Disclosure Document (if purchasing a franchise). In either case, the due diligence phase is a critical step that should not be overlooked or taken lightly. Also, a clear and well-negotiated Letter of Intent will allow for a smoother due diligence phase and also streamline negotiations later as many of the material terms would have already been discussed and agreed upon between the parties. Q: What are the key red flags to lookout for in any purchase agreements, with franchises or otherwise? A: The biggest areas of concern are how litigious the franchise is against franchisees, fees owed and when they accrue, review of the financial statements provided, and any restrictive covenants or terms that may prevent you from working in the area with the experience you would now have gained. Part of the Franchise Disclosure Documents show how many lawsuits the franchise has been involved with over the years. The primary concern for the investor is how often the franchise brings claims against franchisees. Most attorneys can try to find these cases online as well so that you can see the full scope of the litigation involved and make your decision accordingly. What fees are owed and when they accrue can also make a huge difference in your determination between franchises. Outside the franchise fee, you may have renewal fees, late fees, advertising fees, technology fees, consultation fees, training fees, transfer fees, etc. The potential franchisee should take all these fees into account when determining the amount of revenue they will need to make when taking into account all the fees along with overhead and other expenses in order to turn a profit. One of the biggest downfalls is failing to properly evaluate the earnings potential versus the actual costs involved in the business against how much initial investment and cushion you will need to run the company (i. e. initial runway for the first six months to a year). If you do not properly evaluate this, you run the risk of defaulting on your agreement and obligation and facing severe consequences from the franchise. As for financial statements, make sure to go through those with a fine tooth comb to make sure the business is legitimate and has several years of statements and revenue to review. You want to lookout for how much the franchise reinvests in franchise systems and support programs for its franchisees. Make sure that you’re comparing similarly situated franchise areas when discussing projected revenues and goals. Your area may be open because of high cost of rent or wages compared to expected return, which is why it hasn’t been taken yet. Lastly, make sure any restrictive covenants (like non-competes) are reasonable in duration and scope and don’t prevent you from using the company on your resume in the future should you leave. If for some reason you have to leave the franchise, you want to be able to use the experience to obtain gainful employment, probably with the experience you got running this franchise. Many times, they will also ask you to personally guarantee any commitments, and any such personal guarantees should be reviewed by an attorney to advise you on the scope of what you’re signing. Further,, if your visa was tied to this business, make sure you take that into account when deciding on a company you can stick with long-term to prevent any ongoing obligations or renewal problems on that front. Q: Thank you for your time, and for your thoughts, it’s been a pleasure chatting with you. How can our subscribers reach you for a consultation? A: I can be reached via email at LM@MLesquire. com or by phone at (305) 721-2917. For those that believe they cannot afford an attorney to consult with while launching a business, my recent e-course package “7 Steps to Startup Success: CEO Suite Bundle” includes 4 e-courses guiding small business owners through the basic legal strategies to protect and build their businesses into Simple 6-Figure Startups and avoid simple six-figure mistakes. The courses come with materials on the seven steps business owners should take when launching a business (including a step-by-step video guiding you through the online registration process) along with template agreements and guided videos for the Top 3 most requests corporate documents: Operating Agreement for Single-Member LLC, Independent Contractor Agreement, and Non-Disclosure Agreement. This package is valued at $10,000. 00 and will be sold at $500. 00 per course (or $2,000. 00 for all 4 courses), but it is currently on pre-launch sale for $500. 00 total (that’s 75% off! ). Once purchased, if you send me the confirmation along with the secret code “Santana Immigration”, I will provide a free one-hour consultation upon completion of the courses. --- - Published: 2019-11-19 - Modified: 2025-06-17 - URL: https://www.srlawpa.com/781-2/ - Categories: Uncategorized How Much Is Too Much? USCIS's Proposed Fee Increases and Their Effect on the Immigrant Community On November 8, the US Citizenship and Immigration Services (USCIS) announced the possibility of increasing its fees for immigration applications by a weighted average increase of 21%. On of the most significant increases is for naturalization applications, which will increase by 80%, bringing the costs up from $640 to $1,170. Relatedly, the charge for a full lawful permanent residency package, which relates to the filing of family-based green cards, would increase by 56%, going from $1,760 to $2,750. Obviously, this has been met with some controversy. USCIS is unique among government entities in that it is funded almost entirely by the fees it collects. According to reports, payments deposited directly into the Immigration Examination Fees Account make up about 96% of the USCIS budget. Should the USCIS continue to operate at its current fee rate, it is estimated that it will be underfunded by about $1. 3 billion per year. Acting director of USCIS Ken Cuccinelli stated in a press release that “USCIS is required to examine incoming and outgoing expenditures, just like a business, and make adjustments based on that analysis. Such a proposed adjustment in fees would ensure more applicants cover the true cost of their applications and minimize subsidies from an already over-extended system. Furthermore, the adjudication of immigration applications and petitions requires in-depth screening, incurring costs that must be covered by the agency, and this proposal accounts for our operational needs and better aligns our fee schedule with the costs of processing each request. ” Needless to say, this announcement has been met with some controversy. While some assert that it is a necessity if the USCIS is to continue to process immigration applications in a manner that is efficient, secure, and thorough, others have asserted that it is an attempt to exploit vulnerable individuals in desperate situations, railroad individuals into paying high governmental fees, or a move by the Trump administration to discourage further immigration applications. Angelica Salas, executive director of the Coalition for Humane Immigrant Rights, described the potential increase as “a targeted and brazen attack especially on those who are poor and vulnerable,” and an attempt to price immigrants out “of their rightful place in our communities and America. ” Either way, it is crucial to consider just what sort of impact this new policy may have upon the process of immigration application. One of the most important uses is the fee to apply for full citizenship (that is to say, naturalization), which will increase by 80%, bringing the costs up from $640 to $1,170. “In crafting prior fee rules, DHS reasoned that setting the Form N-400 fee at an amount less than its estimated costs and shifting those costs to other fee payers was appropriate payments promote naturalization and immigrant integration,” the new rule reads. As many who have researched the possibility of US citizenship will likely know, this particular application, generally speaking, is open only to those who already hold permanent residence in the country, or who meet individual military specifications. Nonetheless, calls have already begun for anyone eligible for such applications to start putting them through as soon as possible, to avoid unnecessary extra fees. Yet another notable application that is affected is the renewal application for Deferred Action for Childhood Arrivals (DACA), which would increase from $495 to $765. In brief, through this application, illegal residents in the US who were brought into the country as children have their deportation from the country deferred and are made eligible for a work permit. Introduced by President Obama in 2012, the policy serves as a means by which technically illegal individuals can avoid being deported to countries with cultures, languages and practices that they are not familiar with, and instead establish themselves as citizens in the United States, an environment which they are, generally speaking, much more familiar with. It should be noted that part of the proposal does involve removing fees that currently constitute part of the application process, such as fees for biometrics, but would also add charges to forms that are now free. For instance, Form I-131, via which foreigners living in the US can apply for the right to travel abroad while awaiting their green card, would cost $585 under the new policy—despite being currently available for free. Most notable, however, is the fact that, under this new policy, USCIS would also charge a $50 fee to those applying for asylum in the country, an application that previously cost nothing. This application fee has become one of the most controversial aspects of the new policy. Should the $50 price go through, it would make the United States one of only four countries—the others being Iran, Fiji, and Australia—to charge money for asylum applications. Some argue that the influx of asylum immigrants into the country has necessitated the new fee to offset the costs incurred to the country, while others say that, given that many asylum-seekers tend to be fleeing from extremely unstable or impoverished environments, charging them money constitutes exploitation. In brief, it is quite clear that should this particular new policy be successfully implemented, not only will the political debate around the matter of immigration in the United States become tenser, but immigration will also become far more costly for those looking to enter into the country. This increased expense is something of which anyone with interest in making any form of application at the USCIS ought to be tremendously mindful. If it is possible to make these implications immediately, they ought to do so; and if it is not, they ought to be sure that they take the potential fee increases for what they are interested in into account and budget for them efficiently. --- - Published: 2019-10-04 - Modified: 2025-06-17 - URL: https://www.srlawpa.com/776-2/ - Categories: Uncategorized What Is the New Public Charge Rule, and Will It Affect Your Family? In August of 2019, the Trump Administration announced a new DHS rule to make changes to “public charge” policies that govern how the use of public benefits may affect individuals’ ability to enter the U. S. or adjust to legal permanent resident status (in other words, get a green card). The rule expanded the programs that DHS and USCIS will consider in public charge analyses to include previously excluded health, nutrition, and housing programs. The rule’s primary goal is to better ensure that individuals who apply for admission to the U. S. , seek an extension of stay or change of status, or apply for adjustment of status, are self-sufficient. The rule also identifies a range of consequences on the health and financial stability of families, as well as direct and indirect costs associated with the rule. The following article provides an overview of the new rule and its implications for immigrant families. Currently, immigration officers decide public charge by evaluating whether an applicant for a green card or an individual seeking to enter the United States on certain visas is likely to become primarily dependent on the government for support. Primary dependence refers to reliance on cash-aid for income support or long-term care paid for by the government. To decide whether an individual is a public charge, immigration officers rely on multiple factors specified in the INA. They must also rely on the “affidavit of support,” which is a contract signed by the immigrant’s sponsor, indicating that the sponsor will financially support the immigrant. This affidavit of support offers strong evidence that the immigrant will not become primarily dependent on the government. But now, DHS is expanding the definition of what it means to be a “public charge. ” The new rule will allow immigration officials decide who is admitted into the U. S. or is allowed to adjust their status to that of a lawful permanent resident based on their likelihood of becoming a public burden. It empowers officers of USCIS to access a person's circumstances, including like age, health, education, assets and financial status. The new rule considers a person a public charge if they have used one or more public benefits for more than 12 months in the aggregate within any 36-month period. Under the new rule, Medicaid, the Supplemental Nutrition Assistance Program (SNAP, formerly known as Food Stamps), Section 8 housing assistance and federally subsidized housing will be used as evidence that a green card or visa applicant is inadmissible under the public charge ground. The proposal also considers that all use of cash aid, including not just TANF and SSI but also any state or local cash assistance program, could make an individual inadmissible under the public charge ground. The rule allows immigration officers to consider English proficiency (positive), or lack of English proficiency (negative); medical conditions and availability of private health insurance; and past use of immigration fee waivers. The rule creates “heavily weighted negative factors” and a couple “heavily weighted positive factors. ” Heavily weighted positive factors include having a household income of at least 250% of the federal poverty level. It is not clear how an officer should decide a case that has a heavily weighted factor or both heavily weighted negative and positive factors. It will be possible to post a bond when an immigration officer finds inadmissibility based on public charge. Bonds will be highly discretionary, and the new rule says that some factors that will generally make an applicant ineligible for a bond. During the last 20 years, the posting of such bonds has been extremely rare. Applicants who are initially determined likely to become a public charge by the USCIS may be offered the opportunity to post a public charge bond of at least $8,100. The bond may be cancelled only upon the immigrant’s death, permanent departure, five years as a lawful permanent resident, or naturalization. Congress has exempted certain classes of immigrants from the public charge ground of inadmissibility. For instance, refugees, asylees, and Afghans and Iraqis with special immigrant visas are exempt from public charge inadmissibility. This rule includes provisions clarifying the classes of individuals who are exempt from this rule, as well as those who are able to obtain a waiver of public charge inadmissibility. The rule will require immigrants to attach a Declaration of Self-Sufficiency when applying for a green card in addition to the many forms already required, and it will apply to adjustment of status applications postmarked as of October 15, 2019. However, the rule will not apply to adjustment of status applications that are pending or postmarked before that date. Additionally, legal challenges may delay implementation as there are currently 13 states challenging the rule in court. The government has defended the rule and argued that the U. S. should welcome immigrants on merit. In furtherance of that goal, this new rule will mainly impact those seeking permanent resident status through family member petitions. Immigrants should consult with an immigration expert who understands public charge to learn whether the public charge rule even applies to them or their family. --- - Published: 2019-06-30 - Modified: 2019-06-30 - URL: https://www.srlawpa.com/how-to-save-money-on-legal-fees-for-your-immigration-case/ - Categories: Uncategorized Get the right attorney. Do your research and choose someone who is experienced in immigration and is interested in your particular case. Ask for a flat fee arrangement. Most lawyers charge by the minute, but you may ask for a flat fee arrangement, which means you will pay your attorney a certain amount for the whole task being performed. This cuts down on unexpected bills. Organize your documents as best as possible before visiting your attorney. Ask your lawyer if he or she is willing to offer you a payment plan. Limit your emails and phone calls to your lawyer. Keep a list of all your questions and then schedule on call to avoid being billed for multiple communications. Collect your own documentation, such as police clearance letters or divorce decrees. Your attorney will charge you extra to get these on your behalf. Get a fluent friend or family member to certify your simple translations instead of spending on a translation company. --- - Published: 2019-06-30 - Modified: 2019-06-30 - URL: https://www.srlawpa.com/como-ahorrar-dinero-en-honorarios-legales-para-su-caso-de-inmigracion/ - Categories: Uncategorized Obtenga el abogado corecto. Haga su investigación y elija a alguien que tenga experiencia en inmigración y esté interesado en su caso particular. Pregunte por un acuerdo de tarifa plana. La mayoría de los abogados cobran por minuto, pero puede solicitar un acuerdo de tarifa plana, lo que significa que pagará a su abogado una cierta cantidad por toda la tarea que se realiza. Esto reduce las facturas inesperadas. Organice sus documentos lo mejor posible antes de visitar a su abogado. Pregúntele a su abogado si él o ella está dispuesto a ofrecerle un plan de pago. Limite sus correos electrónicos y llamadas telefónicas a su abogado. Mantenga una lista de todas sus preguntas y luego programe la llamada para evitar que se le facturen múltiples comunicaciones. Reúna su propia documentación, como cartas de autorización de la policía o decretos de divorcio. Su abogado le cobrará un cargo adicional para obtener estos en su nombre. Obtenga un amigo o familiar con fluidez para certificar sus traducciones simples en lugar de gastar en una compañía de traducción. --- - Published: 2019-06-30 - Modified: 2025-06-17 - URL: https://www.srlawpa.com/766-2/ - Categories: Uncategorized SPOTLIGHT INTERVIEW: Marc Hurwitz Private Investigator Marc Hurwitz owns Crossroads Investigations, a full-service private investigation and due diligence agency. Q: Marc, thank you for taking the time to speak with us. Those of us who know Crossroads understand you’re more than a guy in his car following a cheating spouse. Tell us about the work your company does. A: First off, thank you for interviewing me for Spotlight – I’m excited to participate! You are absolutely correct! We do so many things – we certainly do infidelity surveillance, but we keep very busy on many other types of investigations – from bank account searches to finding criminal records to researching people and businesses all over the world. Q: Tell us a little about your background. A: I was an intern in the government – first with Senator Daniel Patrick Moynihan, then at the U. S. Department of State’s Human Rights Bureau, then at the White House National Security Council. That last internship led to a job working as an aide to President Clinton’s Deputy National Security Advisor. In 2000 I joined the Central Intelligence Agency and later worked elsewhere in federal government assignments. And in 2008, I started Crossroads! I started the company to support my old bosses who had retired from the government and had business due diligence contracts. Over time, attorneys started asking me for information and the rest is history! Q: What do you like best about your work? A: There are two answers to that. First, I love working with people who I respect. Crossroads has Core Values which we hire for, and I’ve been very fortunate to work with an amazing team. Chantal, Peter and Lashelle are wonderful people, as are our team of field investigators who are all at the top of their game. The other thing I love most about my work is what we have identified as Crossroads’ Core Purpose – to help the good guys win. Our clients come to us because they have a pain point – and our job is to provide information so they can make more informed decisions and lower their risk. It’s a great feeling to help clients get a leg up on those who are trying to do them harm. Q: What makes Crossroads different? A: There are a lot of private investigation companies out there, so we work very hard to differentiate ourselves. I would say our unique selling points include: My credentials - I’m a former CIA officer, a Florida Board Certified Investigator, a National Board Accredited Investigator, and a Certified International Investigator. The readers of the Daily Business Review have voted Crossroads as the region’s best private investigation agency for the last four years. Going back to we’re not a guy in a car – we are a true agency. That means we have the capacity to handle a lot of cases at once. And, as an agency, we have a case coordinator to ensure all aspects of the investigative work is done right in close communication with the client. Q: What’s a typical day like? A: Actually that’s another thing I love about my work – every day is different. Our cases run a broad range of assignments... we may be working on insurance defense surveillance, an asset search as a client considers suing someone, we may be trying to find someone who doesn’t want to be found, or we could be working on a due diligence project looking at a group of companies and owners, hunting for derogatory information. Q: What’s one of the most exciting cases your agency has worked on? A: I’m glad you asked! We have any number of scandalous stories, it’s hard to choose just one, but I’ll try. Obviously I’ll be changing some details to protect the clients and subjects... Archie is a US citizen who walks into a bar in Costa Rica and locks eyes with Rosa, who is soon to be the love of his life. It’s a whirlwind romance and he brings her back to the US and marries her. A few months before she is scheduled to get her Green card, Archie has a bad feeling. Rosa is heading to Miami for a girls weekend and to visit some friends (not unusual) - so, we start with round the clock surveillance in Miami. Turns out, there were no girls at all - she was visiting her ‘boyfriend’ - who also happens to be married. Rosa later admits to Archie that she and her boyfriend both conned US citizens into marrying them so they could get their papers. Their plan, which they concocted as high school sweethearts in Costa Rica 10 years prior, was to then leave their US spouses so they could be together. Needless to say, Archie was heartbroken, but definitely better off knowing sooner rather than later. And in this particular case, we found 2 cheaters for the price of one! Q: What does a private investigation cost? A: That depends. For a bank account search, we only charge if we find something. Likewise for locates (or what we investigators call Skip Traces), we only charge if we provide new information the client doesn’t already have. Other types of cases like field work and research, are hourly. Q: I love asking, what’s a good referral for you? A: Thank you! We love meeting anyone who may have a problem, but we tend to focus on working for attorneys, insurance companies, landlords, employers and investors, so any of those make great introductions! And, we are always looking for speaking opportunities – we have a few topics approved by The Florida Bar for CLE credits, but we like speaking to any group, regardless if they are or are not attorneys. Q: How can our subscribers reach you for a consultation? A: They can email us at info@Xinvestigations. com, or via phone at 866-XROADS-1 (866-976-2371). --- - Published: 2019-06-30 - Modified: 2019-06-30 - URL: https://www.srlawpa.com/where-do-the-2020-democratic-candidates-stand-on-immigration/ - Categories: Uncategorized Throughout Donald Trump’s presidency, immigration has consistently been one of the most high-profile areas of discussion. As the presidential candidates for 2020 continue to pour in, I can’t help but wonder how their stances are different (or similar) on the hot topic of immigration. After some investigating (and reading WAY too many news articles on the subject), here is my summary on where the top Democratic candidates stand on the issue of immigration. Joe Biden: Biden has voted for several pieces of immigrant-friendly legislation, and voted against the 1996 bill that would have imposed strict limits on family immigration to the United States. More recently, Biden called Trump's efforts to repeal it "cruel" and "inhumane. " However, Biden has voted twice to build more fencing on the U. S. -Mexico border, and supported a bill to ban immigrants with HIV from entering the United States. He also voted to increase border patrol, increase penalties for immigrants who use fraudulent documentation, and impose various other restrictions on immigration via the Immigration in the National Interest Act. In 2019, in an op-ed he wrote in the Miami Herald, he refuted Trump’s claims that a border wall would stop the flow of immigrants and illegal drugs and instead advocated for “smart investments in border technology,” and “recognizing that DREAMers are Americans. ” Elizabeth Warren: Warren has said that the country needed an “immigration system that is effective, that focuses on where problems are. ” Warren voted against defunding sanctuary cities and has denounced the Trump administration for splitting up immigrant families at the border. In 2018, Warren co-sponsored the REUNITE Act, which would reunite families who had been separated at or near ports of entry along the border. She has also called for "replacing ICE with something that reflects our morality and that works," according to the Hill. Warren also supports the DREAM Act. “I will continue to fight for comprehensive immigration reform that protects our borders, creates a permanent solution that provides a pathway to citizenship for undocumented immigrants”, said Warren. Bernie Sanders: "On day 1, we take out our executive order and we rescind every damn thing on this issue that Trump has done... We have to look at the root causes... What we have to do on day 1 is invite the presidents and the leadership of Central America and Mexico together. This is a hemispheric problem. " Sanders' view on immigration is complicated, but by and large, he's relatively progressive on the issue. Sanders voted against defunding sanctuary cities in 2018 and told CNN that splitting up families at the border is “heartless. ” “I believe we must bring this population out of the shadows, remove the fear and anxiety in their everyday lives, and put them on a fast, fair and inclusive pathway to citizenship,” said Sanders. However, Sanders said in a 2007 press release that low-skilled immigration to the United States drives down American wages, and opposed the 2007 immigration reform bill, though he said at a 2016 primary debate that this was because the guest worker program it included would have amounted to what he described as “modern slavery. ” In 2018, Sanders co-sponsored the REUNITE Act, which would reunite families separated at or near ports of entry along the border. Though he supports the DREAM Act and DACA, Sanders says the programs should be expanded. Moreover, Sanders said he would “restructure” ICE. Kamala Harris: “Part of the problem, the failure of the system right now, there is no path for people to have legal status, we have to have comprehensive immigration reform,” said Harris. At a November 2017 press conference, Harris expressed support for DACA, and said that she wouldn't vote for any government funding bill that didn't protect the 700,000 "Dreamers" from deportation. "I will immediately, by executive action, reinstate DACA status and DACA protection to those young people. I will further extend protection for deferral of deportation for their parents and for veterans... I will also immediately put in place a meaningful process for reviewing the cases for asylum and release children from cages and get rid of the private detention centers. " However, Harris has been criticized for supporting a 2008 policy as district attorney of San Francisco that had the city deporting undocumented youths who had been arrested. She told MSNBC in 2018 that “ICE should exist,” but she has called for a “complete overhaul of the agency, mission, culture and operations. ” Harris sponsored eight bills relating to immigration in the 115th Congress, including one to reunite families separated at ports of entry, according to a report from ProPublica. In 2017, she became the first Senate Democrat to publicly vow to oppose any government funding bill unless Congress included a resolution to protect the 700,000 DREAMers affected by President Trump’s efforts to end the program. Pete Buttigieg: "We should call out hypocrisy. And for a party that associates with Christianity to say it is okay to suggest that God would smile on the division of families at the hands of federal agents, that God would condone putting children in cages, lost all claim to ever use religion language again. " Buttigieg supports DACA and a path to citizenship for undocumented immigrants, as he explained in a 2017 interview with WSBT, and he told CBS News that Trump's deployment of U. S. troops to the Mexican border was “a waste of time. ” Intriguingly, he suggested in a 2017 HuffPost op-ed that the Trump administration's crackdown on undocumented immigrants is actually a betrayal of traditional conservative values. Buttigieg’s immigration plan includes “a balance of border security, tune-ups to the lawful immigration framework, a path to citizenship for the undocumented. ” Julián Castro: “I believe we should create a path to citizenship and take off the burden of worrying about ... deportation,” said Castro. Castro said in a 2013 congressional testimony that any immigration reform passed by Congress should include a path to citizenship for undocumented immigrants. He opposes Trump’s border wall, saying it’s ineffective and “ultimately a big waste of money. ” Castro says the country should instead invest in more personnel along the border, better technology and heightened security at legal ports of entry. He does not support the abolishment of ICE. Cory Booker: Booker introduced legislation in 2017 that would ban state and local law enforcement from arresting people under suspicion of having violated federal immigration laws; effectively, this would make every city in the United States a sanctuary city. Booker wrote on Twitter that the U. S. government has a "moral obligation" to pass the DREAM Act, and told NJ. com that the United States should welcome Syrian refugees. “Immigration laws that benefit our country is not a new idea. We are who we are as a nation because of immigration. This is our moral values. It is our economic well-being, and it’s what makes us distinctive on the planet Earth,” said Booker. He was one of 11 Democrats who requested weekly updates about the families who had been separated at the U. S. -Mexico border. Beto O'Rourke: O'Rourke has made it abundantly clear that he opposes a U. S. -Mexico border wall. Calling it a "symbol of division," he's released several videos outlining why he believes that a wall would be a bad idea, the Hill reported. He told MSNBC in February that he wants to take down part of an existing border fence in El Paso, and introduced legislation in 2017 that would protect DACA recipients from deportation. In 2017, he co-sponsored the DREAM Act. During his first 100 days in office, Beto O’Rourke said he “will put the full weight of the presidency behind passing legislation” to create an “earned pathway to citizenship” for the 11 million undocumented immigrants in the United States. O’Rourke has said that “immigration is a cultural and economic good,” and he supports comprehensive immigration reform and a path to citizenship. In 2017, O’Rourke introduced the Protecting the Property Rights of Border Landowners Act to the House, which would “prohibit the Secretary of Homeland Security and the Attorney General from using eminent domain to acquire land for the purpose of constructing the wall,” among other purposes. Andrew Yang: Yang has more conservative views on immigration than most, perhaps all, of his Democratic opponents. Any pathway to citizenship "must reflect the fact that these individuals tried to circumvent our legal immigration system," Yang says on his website, and should only be considered "after securing our southern border. " Under Yang’s proposal, undocumented immigrants who have lived in the country for a “substantial amount of time” could work and live in the U. S. while they wait, as long as they pay taxes and remain free of any felony convictions. Amy Klobuchar: “I believe that immigrants don’t diminish America, that they are America. That means to me that we need to have comprehensive immigration reform,” said Amy Klobuchar. At a 2006 Senate debate, Klobuchar proposed building a fence on the U. S. -Mexico border, and said that the federal government should “stop giving amnesty to companies that are hiring illegal immigrants. ” At that same debate, she endorsed a path to citizenship for certain undocumented immigrants and reiterated that position in a 2018 interview with ABC News. Klobuchar also told ABC News that the Trump administration's family separation policy is “horrendous,” but when asked about the prospect of abolishing ICE, said that “we are always going to need immigration enforcement. ” Tulsi Gabbard: Gabbard voted for a bill to ban DHS from separating immigrant families at the border and co-sponsored the DREAM Act. In 2015, however, she was one of few Democrats to vote for a bill to impose additional restrictions on Syrian refugees entering the United States. The year before, she put out a press release calling on Obama to suspend the Visa Waiver Program for countries with “large numbers of Islamic extremists actively fighting alongside” ISIS and other terrorist groups in the Middle East. Gabbard opposed the Trump administration’s travel ban as well as the president’s decision to end DACA. Tim Ryan: In 2006, Ryan voted for a bill to construct a fence along the U. S. -Mexico border. Aside from that, he's generally adopted liberal positions on immigration. In a 2017 press release, Ryan condemned Trump's attempt to repeal DACA as “heartless,” and he voted for a version of the DREAM Act in 2010. In 2018, he joined other Democrats in introducing the Keep Families Together Act in response to President Trump’s zero-immigration policy. Kirsten Gillibrand: As a congresswoman from a conservative district in New York, Gillibrand voted to increase funding for ICE by $9 billion, and said in her 2006 campaign that securing U. S. borders is a “national security priority,” according to CNN. She's expressed regret for her past positions on immigration, telling CNN's Jake Tapper that they "certainly weren't empathetic, and they were not kind, and did not think about suffering in other people's lives. " Gillibrand voted for the DREAM Act in 2010 and has called herself an ally to DACA recipients. She supports the abolishment of ICE, and was the first U. S. senator to publicly do so. Eric Swalwell: In 2018, he voted against the Border Security and Immigration Reform Act, which would have amended immigration law, including changes to detention laws that say families coming to the border seeking asylum may be held together indefinitely at the border. The bill also would have included $25 billion for border security. He was a co-sponsor of the Reuniting Families Act, which would amend the Immigration and Nationality Act, and voted in favor of legislation that would prohibit the use of funds to implement Trump’s executive order blocking travel or entry of individuals from majority Muslim countries. On Twitter, Swalwell has stated his support for DACA and the DREAM Act, as well as his opposition to family separation. Steve Bullock: Bullock's record on immigration is somewhat thin, but according to OnTheIssues. org, he was one of 11 governors who signed a 2017 letter expressing support for DACA and urging Congress to pass a legislative fix to protect the roughly 800,000 DACA recipients. In 2018, Bullock denied Trump’s request for Montana to deploy National Guard troops to the U. S. -Mexico border to stop illegal immigration and drug trafficking. In May 2019, Bullock vetoed an anti-sanctuary bill passed by the Montana Legislature that would have banned sanctuary policies and honored ICE-issued detainees. --- - Published: 2019-04-14 - Modified: 2025-06-17 - URL: https://www.srlawpa.com/732-2/ - Categories: Uncategorized SPOTLIGHT INTERVIEW: ANDREA AGUILAR, ESQ. LL. M. (TAX) The U. S. tax system is complex. So regardless of your immigration status, it’s important that you have a basic understanding of your tax obligations. For that reason, I am pleased to provide you some insight into this area of law in this month’s SPOTLIGHT INTERVIEW with tax attorney, Andrea Aguilar. Q: Andrea, thank you for taking the time to sit with us. Please tell our readers a little bit about yourself and what types of cases you handle in your practice. A: Hi Elina! Thanks for having me. It’s a pleasure to be here. Well, I was born in Peru, and I grew up and studied over there. I moved to the United States after I got my bachelor’s degree in Law and Political Science. And, since it had always been a dream of mine to become an attorney, I decided to go back to school to get my J. D. While in law school, I participated in any activity that would involve applying tax rules: the Volunteer Income Tax Assistance program, tax clinic, internship with the IRS, etc. And, because I was really passionate about this practice area, after graduation I went to Georgetown University in D. C. for an LL. M. degree in Taxation. Since then, I’ve been advising many international clients in the U. S. in areas of income tax planning, tax compliance, estate & gift tax planning, pre-immigration planning, etc. Q: And what prompted you to become an attorney? A: My desire to help my mom with her business. I used to help her with the small business, so I thought I wanted to study business administration, but when she got audited, I changed my mind. I wanted to free her from the stress of dealing with any legal matter related to the business. So, I decided to become a lawyer and help my mom and other business owners as well. Q: What sort of cases are you most passionate about? A: It’s hard to choose just one, but if I must, I would say preimmigration tax planning. I think the best time to learn about the U. S. tax system and avoid falling into tax traps is before a person becomes a U. S. tax resident. In fact, we always help our clients with their specific concerns, analyze their situation, inform them of their tax obligation, and their reporting requirements, etc. But practically speaking, during the preimmigration phase there is more opportunity to learn, plan and save money. Q: Do you encounter clients whose immigration/citizenship status has some significance to a case or transaction? If so, why so? A: Yes, all the time. To determine what kind of tax obligations a person has, first, we must determine if he or she is a U. S. tax resident. Generally, U. S. citizen and green-card holders are U. S. tax residents. However, foreign individuals that spend a certain number of days in the U. S. may become tax residents as well. This is a result of the substantial presence test. Generally, this test is met by spending 183 days or more in the U. S. within a three-year period, counting all the days present in the current year, 1/3 of the days present in the prior year and 1/6 of the days present in the second prior year. However, there are certain type of visas that allow a foreign individual to exclude some days, for example an F-1 visa. Some exceptions may apply; for instance, a foreign individual may have a closer connection with another country. Also, citizens from countries that have signed tax treaties with the United States, may benefit from those treaty provisions. Q: I think you can guess my next question. So, what are the tax consequences of becoming a tax resident? A: A U. S. tax resident is subject to income tax on his worldwide income; also, he or she will be subject to a series of reporting requirements. So foreign individuals that meet the substantial presence test must pay income taxes in the U. S. for income that is earned anywhere in the world. And, don’t forget the obligations to report foreign accounts, interest in foreign entities, etc. Just to mention a couple, a very well-known reporting obligation is the Foreign Bank Account Reporting or FBAR. Here, a U. S. tax resident that has a foreign account with $10,000 may be subject to stiff penalties for failure to report their foreign account. The penalty varies depending on whether the failure to report is willful or not. A person that willfully failed to disclose their foreign accounts may be subject to a penalty of $100,000 or 50 percent of the amount, whichever is greater. And please don’t forget that each year you didn’t file is a separate violation. Now, there are other regulations that impose a reporting obligation on a U. S. tax person, for instance the Foreign Account Tax Compliance Act (FATCA). Under these rules, a tax resident must report his foreign accounts, interest in foreign companies, life insurance, etc. Q: Are there any other challenges that foreign Individuals encounter when coming to the U. S. ? A: Another important tax that some foreign individuals ignore is the estate tax, which is a tax on the right to transfer property at the time of death. Foreign individuals have an exclusion of $60,000 before they can be subject to this tax. Therefore, if the value of their property exceeds $60,000, they can be subject to estate taxes for up to 40% of the value of these assets. We all know that death is uncertain, but if it happens, family members will be the ones dealing not only with estate taxes but with probate proceedings as well. Q: What do you like best about your work? A: That I get to help clients from different countries; Since I am an immigrant as well, I love the fact that I am able to help them, their families and their businesses in a variety of issues. Q: How can our subscribers reach you for a consultation? A: If they need our assistance, we will be happy to help. They can email me at Aguilar@TrustCounsel. com or call our office at (305) 707-7126. They can also visit our website at www. TrustCounsel. com. Thank you, Andrea, for sharing your knowledge with our subscribers. This is Elina signing off until next month’s spotlight interview. Have a great month! --- - Published: 2019-04-14 - Modified: 2025-06-17 - URL: https://www.srlawpa.com/734-2/ - Categories: Uncategorized Should States Grant Driver’s Licenses to People with No Legal Status? On March 20, 2019, a new bill was presented in Florida that would allow wider permissions for driving, including issuing driver’s licenses for people with no legal status in the Sunshine State. If the bill is successful it could see undocumented drivers granted legal licenses as soon as the first of July. Backed by State Senator Jose Javier Rodriguez, proponents of the bill cite an increase in road safety, as has been documented in the 12 states which already use such a system. Would granting driver’s licenses to those who are undocumented increase safety and benefit the state? Or are there pitfalls that would hurt the public overall? Let’s review... So where one state might allow a person of no status to apply for their driving license, the state next door may not. The fact that the regulations vary from state to state is a true reflection of how heated the debate on granting licenses to the undocumented really is. While supporters cite better road safety as a main argument in their case, opponents of the bill—termed AB60—which would see immigrants without status allowed to apply for and obtain driving licenses, cite national security and adherence to the letter of the law as the main reasons for their position. So What Are The Benefits? While everyone else was arguing, a team of scientists conducted a study into the comparison of traffic statistics in the states that did, and the states that didn't, allow immigrants to apply for their driving license. While the opposition hoped that the study would prove the fallacy of these states, it did the opposite. States that allow immigrants with no status to drive legally have almost indistinguishable differences in traffic-related incidents – but they differ hugely in the number of hit and run accidents. The study showed that since immigrants were not scared of deportation, they were much more likely to own up to car crimes. It had an added benefit of familiarizing the road users with American road traffic wordings and signage, which they might not otherwise have had. The study also proved that immigrants would go through the same avenues to acquire legal insurances and licenses as citizens did... a point much contested by the opposition. There are also economics to consider. An undocumented immigrant who has a driving license can walk into an auto shop and pick out a car. They can legally operate taxi’s, find better work, and make a larger financial contribution to whichever state they live. There is also the matter of license application fees which accumulate quickly. When considering car maintenance, fuel costs and all the other insurances and payments a person makes to keep a car on the road, it can be safely assumed that allowing undocumented people the use of a driving license would have a positive impact on the local economy. What about the Pitfalls? It isn't all flowers and sunshine. The study (which can be read in full here, courtesy of the Semantic Scholar) also highlighted a few issues in the system. The biggest issue is that after 9/11 a federal law was passed that made all immigrants forced to have valid status in order to acquire official documentation like a license. The provision of licenses is being negotiated in some states with extensions. This can't last forever, but the opposition believes it means the law is being undermined in the meantime. There are also pitfalls for the people applying for these licenses in certain areas. For example, Washington state will allow an out-of-status immigrant to apply for a driving license, but if s/he do not meet their requirements, hold any former criminal convictions, have been previously deported or use any false evidence there is a high chance his/her application will result in deportation. Their system is stricter and requires much more documentation than the twelve states that grant licenses outright. As long as immigrants are scared of deportation, they have a deterrent which prevents them from legally applying to drive. This makes the roads less safe for everyone and makes the opposition's argument of undocumented people being unable to read the road signs true. If there are people on the roads who don't read English signage, then the public has a big issue. Unfortunately, not providing them with licenses does nothing to solve this issue and does quite a lot to make it worse. In passing the driving test, undocumented immigrants are forced to show that at a minimum they understand the US signage and can act appropriately on the road. These are the states that are either trialing new laws in the area or who are already granting licenses to immigrants with no citizenship status: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, New Mexico, Nevada, Oregon, Utah, and Vermont. All of these states either allow a driving license or some other type of driving permit. The State of New York has also been tossing a bill back and forth since 2017 that would allow for similar ramifications as those present in the other twelve states. Generally, these bills focus on expanding the range of acceptable documents in terms of proving identity. Due to Democrats backing the bill and Republicans doing the opposite, a bit of political tennis is going on. What we know is that the introduction of a similar ruling would gain the state an estimated $9. 6 million in license fees and increase auto sales by around 2. 7%. What DO YOU Think? Everyone has an opinion, right? So, what do you think? Let us know your opinion on granting licenses to people of no status by replying! --- - Published: 2019-03-10 - Modified: 2025-06-17 - URL: https://www.srlawpa.com/698-2/ - Categories: Uncategorized TPS Renewals for Salvadorans, Haitians, Hondurans... And a future for Venezuelans? In late February, the Department of Homeland Security announced that it would be extending TPS protection to four countries through January of 2020: El Salvador, Haiti, Sudan, and Honduras. This comes after the Trump Administration ended protections for TPS holders in 2018. The recent TPS extensions occurred after a series of court rulings combatting the efforts of the Trump administration to end TPS programs. The administration had arranged to end TPS assignation for 6 out of the 10 countries selected. These six countries represented 98% of the immigrants protected under TPS. Immigration advocacy groups and immigration rights organizations sprang into action, and with the help of the courts, TPS was again extended to four countries, protecting approximately 300,000 immigrants who would have otherwise been deported under Trump’s administration. And most recently, discussions/negotiations on granting TPS to Venezuelans has ensued. Let’s discuss... TPS is a little-known immigration program that extends temporary legal status to immigrants when they are unable to return to their home countries. Usually, their home country is embroiled in social upheavals, armed conflict, or natural disasters. Immigrants from such countries must apply to TPS and be approved. Each applicant must undergo criminal and security background checks, as well prove that they lived in the US consistently since immigrating. Usually, DHS will extend protection to applicants for 6-18 months. After that time is up, however, they can apply for extensions. Presently, Venezuelan immigrants could be placed on the TPS list. Two bills, one in the House and another in the Senate, have been introduced that would legislatively mandate a grant of Temporary Protected Status (TPS) to Venezuelans. They are, respectively, H. R. 549, introduced by Rep. Darren Soto (D-Fla. ), and S. 636, introduced by Sen. Bob Menendez (D-N. J. ). “My bipartisan legislation will ensure that we hold Maduro accountable for his ongoing campaign of crimes against humanity — from torture to the suppression of free speech to using access to food and healthcare as a political tool. It will require the Trump administration to develop a strategy to investigate, freeze and reclaim corrupt assets that Maduro has stolen from his people; and it will authorize a multimillion-dollar humanitarian relief effort... As Americans, we must always stand on the side of all people who struggle for democracy, human rights, and freedom. For years, the U. S. Congress has stood with the people of Venezuela as they’ve endured unthinkable abuses at the hands of the Maduro regime. Now more than ever, we need a strategy that will support the Venezuelan people in their quest for democracy and the right to determine their own destiny,” said Senator Robert Menendez of New Jersey. He is ranking member of the Senate Foreign Relations Committee. In this writers opinion, there are several reasons TPS protection should be extended to Venezuelan immigrants. TPS protection ensures stable living conditions for immigrants who have remained in the U. S. for many years. On average, Salvadoran immigrants under TPS protection have lived in the U. S. for 22 years and Hondurans for 23 years. Many of these individuals also have children who were born or raised in the U. S. Without TPS protection, their children would be forced to either move to a foreign country or remain in the states after their parents are deported. In addition, TPS requirements include showing good moral character and lack of a criminal record. They participate in the labor force at a rate of 87%. They also contribute $3. 6 billion in federal, state, and local taxes. This doesn’t even account for their contribution to social security and Medicare funding. Their presence in the United States strengthens the U. S. economy and job market with immigrants who have no criminal history and who want more than anything else to work hard to provide for their families—ideal immigrants if you ask me. There is no reason to believe Venezuelan immigrants would not be equally valuable. Some are concerned that extending TPS protection to Venezuelan immigrants could cause them to leave Venezuela en masse, triggering a migration across Central America and Mexico that could be dangerous to the immigrants themselves. While this journey would doubtlessly be dangerous, it is likely no more dangerous than it would be for these individuals to remain in an unstable political environment and an enervated economic environment. TPS protection does not guarantee increased peace or democracy in Venezuela itself, of course, and wouldn’t change the travesty happening within Venezuelan borders. It is unlikely that massive migration to the United States would motivate the corrupt Maduro regime to make any changes since all its despairing citizens would be able to leave the country. Ultimately, however, DHS cannot guarantee peace in any origin country experiencing unrest. And given that Venezuela fits the definition for origin countries deserving TPS protection as well, this author would like to see it done. What can you do? Urge your representatives to save TPS and create a roadmap for citizenship for all TPS holders. --- - Published: 2019-03-10 - Modified: 2025-06-17 - URL: https://www.srlawpa.com/700-2/ - Categories: Uncategorized SPOTLIGHT INTERVIEW: Karen Lungarelli, Esquire Divorce and Family Law Attorney Marriages, divorces and children’s issues are can often affect ones immigration status or citizenship process. I am honored to have Attorney Karen Lungarelli as this Month’s Spotlight interview to give us some insight on Florida Divorce and Family Law. Q: Karen, thank you for taking the time to speak with us. First off, please tell our readers what types of cases you handle in your practice. A: Thank you, Elina, for having me as your Spotlight Interview for this month. It is my pleasure to speak to you and provide your readers with some information regarding Florida Divorce and Family Law. My firm is Lungarelli Law and we focus exclusively on Divorce and Family Law Cases. The majority of our practice focuses on assisting individuals through the divorce process. We work with clients ranging from middle income to high net worth individuals with multiple businesses, assets, income, investments, etc. In high net worth cases we must determine the of value of the marital estate, ownership of the individual assets, properties, and businesses and, ultimately, the division thereof. We handle divorces at any stage in the litigation process from preparation, to litigation and post judgment modifications and enforcement actions. We also prepare and review prenuptial and postnuptial agreements; we prepare and litigate establishment of paternity and child support matter; adoptions; and name changes. Because we practice exclusively in the area of Florida divorce and family law, we put in the time and effort to educate ourselves by staying informed about any upcoming and new changes in the law both statutory and case law that could affect our clients. We take pride in being able to provide our clients with the best and most current advice possible. Q: Tell us a little about your background. A: I was born and raised in New Hampshire and moved down to Miami to attend law school at the University of Miami. I graduated from UM in 2010, passed the Bar exam the same year, and immediately started working in Divorce and Family Law. After working at some of the biggest family law firms in South Florida I decided to open my own firm in 2015. I have been recognized and honored as a Florida Super Lawyer three years in a row and was appointed in 2017 to the Florida Bar Unauthorized Practice of Law Committee. Q: What prompted you to become an attorney? A: Following undergrad I obtained a Master’s Degree in public policy and began working in that field. During that time, I worked closely with many lawyers and became inspired to go to law school. Q: Why did you choose to go into divorce and family law? A: The summer after my second year in law school I split my time between clerking at the family courthouse in Miami Dade and clerking started clerking with a family law firm in South Miami. I loved it! I made the decision to start working at a divorce and family law firm because I wanted to help people going through tough times and figured that because every family is different the cases are probably all different as well. I was happy to find that I was right, no two cases are alike making every day different and each case a new challenge which I enjoy. I also found that I was great at explaining to clients the big picture of what their lives would be like after divorce, which helped many clients decide what was important to them during the process. This allows them to make informed decisions about their future moving forward. Q: Do you encounter clients whose immigration/citizenship status has some significance to a particular case? A: Living in Miami we have a large community of immigrants who marry American citizens and apply for citizenship as a result of their marriage. If the parties decide to divorce prior to finalizing the immigration process, there are certain consequences that may arise for both parties. In those cases, we always like to consult with either the client’s immigration attorney or with your office to understand if there should be any specific language in divorce agreements or final judgments that would assist in avoiding those possible consequences. Q: Are there any challenges associated with immigrants who were married in other countries and are seeking divorces here in Florida? A: As long as the petitioning party is a resident of Florida for more than 6 months they can file for divorce in this state. The only challenge – and it’s only a challenge if you do not have the requisite experience, arises when the parties seeking a divorce have previously entered into a separation agreement or prenuptial agreement in a foreign country and would like to have that agreement enforced here in Florida. In those cases, we must have the agreement translated by a court certified translator and often will need to secure counsel in the country of origin to testify as to the validity of the agreement. We have successfully argued that these foreign separation and prenuptial agreements should be held valid here in Florida, saving our clients a lot of their time by not having to litigate issues that they resolved by prior agreement. Q: What do you like best about your work? A: Family law is a little bit of everything: litigation, research, writing, mediation, finance, and so on. This area of law really touches on everything I enjoy about being an attorney. At the end of the day I enjoy this job a lot and I enjoy helping people through one of the most challenging times of their life. Q: How can our subscribers reach you for a consultation? A: They can call my office at 305. 998. 3828, and my staff will be more than happy to schedule the consultation. They can also visit my website at www. lungarellilaw. com for more information. Thank you, Karen, for sharing your knowledge with our subscribers. This is Elina signing off until next month's spotlight interview. Have a great month! --- - Published: 2019-02-12 - Modified: 2025-06-17 - URL: https://www.srlawpa.com/690-2/ - Categories: Uncategorized Spotlight Interview: Carmen Hiers TransForma Translation Services This month I am honored to feature translation extraordinaire Carmen Hiers from TransForma Translation Services for our SPOTLIGHT INTERVIEW. Q: Thanks for taking the time to sit with us, Carmen. First off, tell me about TransForma and the type of work you do. A: Thanks for having me, Ely. Our company specializes in providing language services primarily in the legal and financial sectors, including translation, interpreting and transcription from English into just about any language, and from just about any language into English. We’re based in Miami, but we have a back office in Michigan and another one in Mexico, and we can service translation requests that originate anywhere in the world. In 2019, we’re thrilled to be celebrating ten years in business. Q. What type of attorneys do you normally work with? A. It runs the gamut. We work with attorneys who have international clients, non-English speaking clients, or whose cases are in any way affected by an international or a language component. In a place like Miami, where so much of life and business involves a language other than English, just about every legal discipline can be in need of language services. This includes the practices of family law, criminal defense, international business, international arbitration, real estate, immigration and many others. In the area of interpreting, we provide linguists for workers’ comp mediations, child custody disputes, bankruptcy proceedings (including Rule 2004 examinations) and depositions. Q. What specific work do you do that’s focused on immigration? A. We do a lot, including personal documents, supporting documentation for the different types of immigration visas, and interpreting during marriage interviews and asylum hearings for clients who are not fluent or comfortable in English. We work directly with attorneys, and we also work with individuals who find us by searching on the Internet. Recently we also translated the website of a New York-based EB-5 regional center into Russian, Portuguese and Turkish. Q. I get that TransForma can work in any language but, being based in Miami, I would assume that you mostly work in English and Spanish. A. We can service just about any language combination because over the years we’ve built a database of capable, credentialed, trustworthy linguists and language companies throughout the world. Having said that, 80% of our requests are for the Spanish/English combination, about 10% are for Portuguese/English, and the rest can be pretty much anything. For example, last week we translated into English a handwritten prenup written in Farsi for a family law firm in Jacksonville. We also provided a French/English interpreter for the polygraph of an inmate taken at a detention center. Last month we provided a Bulgarian interpreter for an all-day deposition for a bankruptcy law firm, and we had to fly her in from Washington D. C. because we could not find a qualified interpreter in Miami who spoke the needed dialect (Thracian). We’ve translated plenty of personal documents like birth, marriage and death certificates that come in Greek, Indonesian, Chinese, Italian, French, Haitian Creole and other languages. We’ve translated lease agreements from Russian, contracts into Hungarian, corporate documents from German, tax returns from French, and many others. It’s true that English/Spanish is the language combination we handle the most, but you’d be surprised how many requests we get for other languages. Q. There are lots of people out there that do what you do. What would you say makes you stand out from the many translators and translation agencies in Miami? A. It’s true that attorneys have a lot of choices, especially in a multilingual place like Miami. But at the end of the day, a lawyer is looking for three things: 1) can you have the work done when I need it, 2) can you do it without breaking my client’s bank, and 3) can I trust that the work is accurate, especially in a language I don’t understand. The last thing a busy attorney needs is to waste his client’s time and money with work that will embarrass him in front of his client or in court. When all is said and done, what we really sell is trust. Q. What’s the most unusual request you’ve gotten? A. This one was not from a law firm. A few years ago we got a call from Univision to provide an Urdu interpreter to sit by a producer as he was editing footage, to make sure he wasn’t cutting any crucial dialogue from an interview. FYI, Urdu is a language spoken by 100 million people, mostly in Pakistan and India. Thank you very much for that amazing interview, Carmen. This is Elina signing off until next month’s spotlight interview. Have a great month! --- - Published: 2019-02-12 - Modified: 2019-02-12 - URL: https://www.srlawpa.com/why-is-the-number-of-immigration-detention-beds-an-issue-in-the-border-wall-fight/ - Categories: Uncategorized Those in Congress who oppose Trump’s demands for a border wall used the shutdown negotiations this week to launch an attempt to rein in the President’s deportation efforts by reducing the number of detention beds available for immigration arrests for immigrants unlawfully present inside the country. ICE currently detains about 45,000 immigrants on average per day, but is only funded to hold 40,000, according to the agency. As part of the current shutdown negotiations, President Trump and the Republicans have proposed raising the number to 52,000, while the Democrats' counteroffer would put the number below 36,000. Democrats suggesting and backing the proposal to limit the bed space hope to force the agency to make more discerning determinations on who should and who shouldn’t be detained. The idea is to force the agency to use the limited bed space for those with serious offenses and encourage the release (or in some cases non-detention at all) of those who are illegally in the country with no criminal or with only simple traffic offenses. Republicans in turn argue that limiting bed space would put the public at harm and damage public safety. Statistics show higher deportation totals for detainees held during President Obama ‘s years in office, but this is attributed to the tailored enforcement approach ICE took due to President Obama limiting ICE resources and thus forcing agents to prioritize violent criminal offenders who are less likely to be granted status when fighting in immigration court. In 2018, ICE arrested about 20,000 immigrants with no criminal history for being in the country illegally. That's over twice the number of immigrants without criminal history who were arrested in fiscal year 2016, when President Barack Obama was in office. Yet, president Obama’s deportation totals remain higher. But the controversy over beds is more than just about who should be a priority, as usual, money is also a primary concern. ICE relies on a network of both government-run and privately-operated detention centers to hold immigration detainees throughout the duration of their immigration proceedings. Costs for those beds varies wildly, and some county jails (often those with terrible conditions and/or in very rural areas) have converted entire sections of their facilities into immigration detention facilities in order to offer rock-bottom rates in undesirable areas of the country. Since the number of beds funded annually by Congress is based on the average national daily cost for one detainee, ICE can maximize the number of detainees and beds by using these less than desirable facilities. Since March 2018, ICE has been instructed to keep an “average daily population” of 40,520 beds, but it hasn’t met that instruction. As of September 15, 2018, 42,105 people were in detention. As of October 20, 2018, 44,631 people were, and by February 6, 2019 that number had jumped to 49,057. The new funding bill aims to get ICE to gradually reduce the number of detainees back to previously authorized levels. So, given that this is a Democratically controlled Congress, will ICE be forced to reduce the bed numbers in the end? Unlikely. President Trump has repeatedly stated immigration is a public safety concern, so even if a deal that limits the bed numbers is in fact reached, this author believes the resulting budget gap will ultimately be filled through the transfer of more money through reprogramming. --- - Published: 2019-01-10 - Modified: 2019-01-10 - URL: https://www.srlawpa.com/elys-guide-to-immigration-during-the-shutdown-whos-working-whos-not-and-what-difference-does-it-make-to-you/ - Categories: Uncategorized "You’re shutting down the immigration court over the issue of immigration," said Judge Ashley Tabaddor, president of the National Association of Immigration Judges, the judges union. Oh the irony of a government shutdown... As the shutdown continues (today is Day 21), I am getting more and more questions from clients, friends, and other professionals regarding who is and who isn’t working, because—let’s face it—it’s all very confusing! This month, instead of my usual news article, I present you all with Ely’s guide to immigration during the shutdown: who’s working, who’s not, and who cares anyways? USCIS Cases: Can you file an affirmative residency application or a naturalization application? YES. USCIS is a fee-based agency, which means they work tanks to the filing fees paid along with applications submitted. As such, USCIS will continue to process applications and petitions for immigration benefits during the shutdown. Everyone must show-up to their fingerprint appointments and interviews. That being said, certain limited national services are suspended, so expect delays for special programs. TSA: Are travelers still being screened at the airport? YES. The Transportation Security Administration is part of the Department of Homeland Security. Many of its workers are considered "essential," so many are working without pay — though a greater number than usual have been calling in sick as a result of the “no pay” situation. If there's an increase in call-outs, it could lead to longer lines and increased wait times for passengers. Air traffic controllers are similarly working without pay now. In addition, planes are not being inspected, and pilot training is not being certified because the FAA safety inspectors aren’t working. EOIR Cases: If you have an immigration court hearing, is that still happening? NO. All hearings for non-detained cases are canceled and will be rescheduled when operations resume. Filing things in court for non-detained cases has similarly stopped. There will be some court personnel allow processing of cases for detained immigrants to continue, and the detainee hearings are still going forward. Simplified answer: if you are detained, your court hearing goes on as planned; if you are not detained in a detention facility, then your court will be rescheduled regardless of whether it was a simple hearing (“Master”) or a final hearing/trial (“Individual”). Similarly, Judges are not taking action on pending motions. The Coast Guard: Are they still operating along the coastline to stop drug smugglers and for search and rescue missions? FOR NOW. While the other branches of the military are part of the Defense Department, the Coast Guard falls under Homeland Security. After some maneuvering, the government found a way to pay its military members on Dec. 31. The nearly 42,000 active duty members of the Coast Guard are still working, as they are considered essential personnel, but it's not clear whether they will get a paycheck on Jan. 15 when the money runs out. Asylum Cases: If you have a pending asylum case, will it continue to be processed and will asylum interviews proceed as scheduled? YES. The asylum unit will continue working throughout the shutdown; however, since there are no filing fees associated with asylum applications, keep an eye out for delays if the shutdown lasts too long, especially once reserve money runs out! ICE/ERO: If you are under an order of Supervision (OSup) or have an appointment with ICE, is that still happening? YES. ICE detention, and enforcement operations will continue, and the ICE Community and Detainee Helpline will continue to operate. Department of State (DOS): Will visa cases for people abroad also continue to move forward? YES. DOS will continue to process visa applications, but it is unclear how long that will continue as we expect slowdowns at the National Visa Center in New Hampshire which processes the paperwork prior to the case being scheduled for interview abroad. Customs and Border Protection (CBP): Are they still protecting the border and ports of entry? YES. CBP will continue working on the borders and all our ports of entry; this would include the processing of TN and L-1 visas at ports of entry. Bureau of Consular Affairs: Can I apply for a US passport during the shutdown? YES. This is also a fee-based agency; therefore, the Passport Office should continue to operate normally during a shutdown. However, some those passport offices that are in federal buildings, which themselves may have to shut down, restricting access to those passport offices. Call ahead before you visit your local office! On a personal note, to me the biggest irony is that in continuing the government shutdown, Trump is breaking several promises on immigration! The administration is failing to meet guarantees on the immigration court backlog and deportations. About 75 percent of about 400 immigration judges nationwide have been furloughed without pay, and the shutdown has all but ceased the “deportation machine” that has been the focus of Trump’s predecay. As Judge Dana Leigh Marks, former president of the National Association of Immigration Judges, said “everyone is entitled to their day in court, and that it should occur in a reasonably prompt amount of time. But the reason that there are delays in our system is simply because we have been underfunded and ignored for so long. The system does work, when it receives the proper funding. And it's not a loophole. It is the appropriate due process that is what American justice provides to any individual who has their life and liberty at stake before our courts. ” --- - Published: 2018-12-16 - Modified: 2025-06-17 - URL: https://www.srlawpa.com/666-2/ - Categories: Uncategorized SPOTLIGHT INTERVIEW: Neto Almanza Video Producer This month I am honored to feature video producer, Neto Almanza for our SPOTLIGHT INTERVIEW. VideoWorks was once a small project and has transformed itself into a high-quality, state-of-the-art, video and photo production agency in Miami. It's led and founded by Creative Director Neto Almanza, and today we sit down with him to learn a bit more about what they do. Q: Neto, thank you for taking the time to sit with us. First off, please tell our readers what types of video production you do. A: Sure; I like to do captivating videos for business. Recently, I’ve been working with firms for photography and video. There is something magical about creating a story of someone who goes the extra mile for their clients. It’s easily conveyed in their message and that is reflected on the camera. Q: Please tell us a little bit about your background. A: I’m a citizen of the world I grew up in Mexico, went to university in Texas, studied abroad in Hong Kong, did Masters in Germany. Along the way, I’ve traveled to more than 40 countries and this has opened my eyes to the many blessings life has to offer. Traveling has made me detail oriented by focusing on special characteristics of individuals and maximizing what makes them stand out from the rest. Q: What prompted you to become a video director? A: Some people say you are born with a certain skill, others say you develop it. I think I had a combination of both. My gut feeling has always led me into being involved in all that is visual, and I gradually realized that video is the way to go for me. I can see the final picture clearly in my mind before I start recording. It comes naturally, but it’s taken a lot of hard work, failure and experience to create a state-of-the-art video. I started young by using my talent on school projects. Then out of necessity, I had to create advertisements for my family’s businesses. People began complimenting my work and it was then that I realized that I had talent. Talent is nothing without effort. So, I aspired for the best and enrolled at MASE Hamburg, the most awarded creative school in the world. Once I finished there I arrived at Miami with hunger, determination and an opportunistic vision. Q: What sort of video production are you most passionate about? A: There’s something special about recording a video with a message that comes from the heart. Nowadays we are bombarded with advertisements and silly videos on social media. But that just doesn’t satisfy me. I’m all about pumping people up or letting me know that you are there for them, no matter what. That’s why I have done many manifesto videos. Which is condensing the company/business’ creed and mission into a minute filled with mesmerizing visuals and a rhythm that creates a desire for more. I like recording filmmercials, which are cinematique productions that could be used for anything. High quality, well thought out, polished material that reflects a Hollywood level production but made with a Hollywood Florida budget. Q: If you can say anything to an attorney or firm who do not have a video on their website, social channels or any sort of platform. What would you tell them? A: I’d say coffee is on me. Let me show you what I can do for you. Best case scenario, you’ll be the talk of the town, have more leads and have an amazing video featuring you as the star. Worst case scenario, a nice, casual and highly caffeinated conversation Q: Where can folks reach you if they’re interested in taking you up on that coffee? A: I can be reached at neto@videoworks. miami or (956) 639-2910. Anyone can also check out my website at www. videoworks. miami. Thank you, Neto, for sharing your knowledge with our subscribers. This is Elina signing off until next month's spotlight interview. Have a great month! --- - Published: 2018-12-16 - Modified: 2025-06-17 - URL: https://www.srlawpa.com/668-2/ - Categories: Uncategorized Immigration Year-End Review: The Good, The Bad, and The Changes Yet to Come Two-thousand-eighteen has been momentous in the U. S. immigration world. Supreme Court decisions, Attorney General decisions, the caravan, Congressional debate over funding Trump’s wall, and changes in U. S. -foreign relations have all changed the face of U. S. immigration. In case you missed something, here’s my overview of the must-know immigration events of 2018. January 8, 2018: DHS announces end date for Temporary Protected Status (“TPS”) program allowing El Salvadorans to live and work in U. S. January 9, 2018: Judge rules that Trump administration must keep renewing DACA permits. February 26, 2018: The U. S. Supreme Court denies the Trump administration's request to review DACA case. March 13, 2018: Trump visits border wall prototypes in California. March 20, 2018: Trump claims sanctuary cities harbor criminals. April 2, 2018: Justice Department announces quotas for immigration judges. April 4, 2018: Trump signs memorandum to deploy troops to U. S. -Mexico border. April 6, 2018: Sessions announces a “zero tolerance” policy at the southwest border. It directs federal prosecutors to criminally prosecute all adult migrants entering the country illegally. April 24, 2018: Judge rules Trump administration must continue accepting new DACA applications. May 11, 2018: Kelly, White House Chief of Staff, defends the separation of undocumented immigrants from their children as a necessary evil in the administration's effort to increase border security during an interview with National Public Radio. In the effort to enforce U. S. border laws, “a big name of the game is deterrence,” he say, and separating families “could be a tough deterrent. ” June 1, 2018: United States Citizenship and Immigration Services (“USCIS”) quietly announced the creation of a Denaturalization Task Force aimed at finding and deporting naturalized citizens who are suspected of lying on their citizenship applications. June 11, 2018: Sessions says individuals who are victims of private crime not eligible for asylum. In Matter of A-B-, Sessions unilaterally undermined longstanding asylum protections for victims of domestic violence and gang violence. He claimed the authority to overrule decisions not only of the Board of Immigration Appeals, but also of federal courts of appeals. June 26, 2018: A federal judge in California orders U. S. immigration authorities to reunite separated families on the border within 30 days, describing the Trump administration's handling of the crisis as attempts “to address a chaotic circumstance of the government’s own making. ” June 26, 2018: The Supreme Court upheld Trump’s Muslim ban. October 13, 2018: A migrant caravan forms in the Honduran city of San Pedro Sula and begins to head north towards the U. S. /Mexico border. October 26, 2018: Trump administration to send troops to U. S. -Mexico border. October 30, 2018: Trump proposes ending birthright citizenship. He called it “the biggest magnet for illegal immigration. ” November 8, 2018: Ninth Circuit Court rules Trump administration cannot end DACA. November 9, 2018: Trump issues presidential proclamation on asylum. November 25, 2018: A group of about 500 people attempting to cross the border illegally clashed with US Customs and Border Protection agents, who used tear gas on the crowds. Though the migrant group was mostly men, some women and children were also hit by the tear gas. What to look forward to in 2019: Decisions on Trump’s controversial proposal which would overhaul how the government evaluates whether a would-be immigrant is “not likely to be a public charge. ” The current “public charge” definition is so narrow that the government almost never rejects applications on those grounds. The Trump administration’s proposed new definition, on the other hand, would require a far-ranging inventory of an immigrant’s history and economic prospects. It would give enormous discretion USCIS officers to reject an immigrant’s application for admission, or for a green card, because the officer feels the immigrant doesn’t make enough money to support a family or doesn’t have the resources to provide health care for a preexisting condition. Funding expires for several key government agencies on December 21 at midnight. And while there is still time to avert a shutdown, so far, the two sides have been unable to reach an agreement to keep the government open. The key sticking point is how much money Congress should allocate for the President's long-promised wall at the US-Mexico border. --- - Published: 2018-11-20 - Modified: 2025-06-17 - URL: https://www.srlawpa.com/663-2/ - Categories: Uncategorized Can President Trump End Birthright Citizenship? Prior to the midterm elections, President Trump announced he was planning an executive order to end birthright citizenship. Jus soli (aka birthright citizenship) refers to a person’s acquisition of United States citizenship by virtue of being born in the physical territory of a state (Latin for “right of the soil”). It’s controversial in the context of non-immigrant births on U. S. soil. Trump has called it “the biggest magnet for illegal immigration. ” “We’re the only country in the world where a person comes in and has a baby, and the baby is essentially a citizen of the United States for 85 years, with all of those benefits,” he told the press in October. “It’s ridiculous. It’s ridiculous. And it has to end. ” But can Trump really end birthright citizenship with an executive order? In fact, we are NOT the only country in the world that grant automatic birthright citizenship. A study in 2010 found that at least 30 of the world’s 194 countries grant citizenship at birth to the children of undocumented foreign residents, although definitive information was not available from 19 countries. See Jon Feere, “Birthright Citizenship in the United States: A Global Comparison,” Center for Immigration Studies (2010). These countries include Canada and Mexico, among others. In the U. S. , the policy on birthright citizenship stems from an expanded reading of the 14th Amendment which says “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. ” The amendment was enacted in 1868, three years after the Civil War ended, with the purpose of expanding citizenship to African Americans by overturning Supreme Court decision ruling that black people were not citizens under the Constitution. In October, referencing his ability to end birthright citizenship, Trump said, "It was always told to me that you needed a constitutional amendment. Guess what? You don’t. ” Is he right? Reasonable minds disagree on the matter. Many legal scholars have raised doubts that the President has the authority to change the Constitution with an executive order. "Nobody would ever claim that a formal executive order could be a way around the amendment process of Article V," said Jonathan Gienapp, assistant professor of history at Stanford University who specializes in the early United States and the creation of the Constitution. "Article V creates barriers that are so high that amendments are almost impossible," he said. Amendments to the Constitution generally cannot be overridden by presidential action — they can be changed or undone only by overwhelming majorities in Congress or the states, with a two-thirds vote of both houses of Congress or through a constitutional convention called for by two-thirds of state legislatures. Should Trump pursue his executive order, he will likely face lawsuits over the requirements of Article V, which expressly outline what needs to be done to amend the Constitution. However, the U. S. ’s common law legal system is based on precedent, and since no president has ever attempted to amend the Constitution by executive order, no court has ever ruled in favor or against the action. Consequently, if the President does take this type of action, a definitive answer would have to come from the U. S. courts on whether the executive order is legal. Some conservatives have long made the argument that the 14th Amendment was meant to apply only to citizens and legal permanent residents, not immigrants who are present in the country without authorization. In response to Trump’s comments, Vice-President Mike Pence stated, “We all cherish the language of the 14th Amendment, but the Supreme Court of the United States has never ruled on whether the language of the 14th Amendment — ‘subject to the jurisdiction thereof’ — applies specifically to people who are in the country illegally. ” The question for U. S. courts will thus be whether persons in the country illegally are subject to the jurisdiction of the United States. Other Republicans themselves have pushed back on Trump’s claims. Regarding Trump’s ability to end birthright citizenship via executive order, House Speaker Paul D. Ryan of Wisconsin said, “you obviously cannot do that... I’m a believer in following the plain text of the Constitution, and I think in this case, the 14th Amendment is pretty clear, and that would involve a very, very lengthy constitutional process. ” Similarly, Bob Hugin, former Republican candidate for Senate in New Jersey posted on his Twitter account, “The President is wrong to end #BirthrightCitizenship. We’re a nation of immigrants made better by the diversity of its people, especially in NJ. We need compassionate comprehensive immigration reform now. ” It remains unclear how serious the President was about pursuing the executive order. Talk of the order has ceased since the midterm elections. Whether this was the President’s attempt to amp up his voting block or whether an unprecedented legal battle is truly in the works remains to be seen. Nevertheless, any action on birthright citizenship is almost certain to bring a court battle, showing once again that the U. S. government was meant to withstand transitory political sentiments. --- - Published: 2018-11-08 - Modified: 2025-06-17 - URL: https://www.srlawpa.com/659-2/ - Categories: Uncategorized SPOTLIGHT INTERVIEW: Angel Gonzalez Your Family Bank Debt Elimination Specialist Are you in debt? Isn't everyone these days? This month I am honored to feature debt elimination specialist, Angel Gonzalez for our SPOTLIGHT INTERVIEW. Q: Thanks for taking the time to sit with us, Angel. First off, please tell our readers about yourself. What types of clients are you looking for? A: Hi Elina. Thanks so much for inviting me. Being involved with client finances has validated what I have known for many years: Most people see debt as a necessary evil. Their ill-fated solution: Investing in risky endeavors to try and outpace their debt and make more money than they are losing by having their current debt (i. e. , high interest rates over long periods of time). I’m looking to help these individuals learn how to rid themselves of debt so they can enjoy true financial freedom. My ideal clients own homes, cars, boats, have credit card debt and have student loans. The more debt you have the better my program works. Q: This sounds too good to be true. Is it magic? A: It’s funny you say that because it’s something I’ve heard many times; but my current clients will confirm that this is no sleight of hand. Q: So what makes your program so good? A: Our program focuses on eliminating debt without resorting to using consolidation loans or settling debts which severely impact your credit score. We provide a free evaluation to determine whether someone is a good fit and a free strategy session to explain the program and the game plan for getting them out of debt. We don’t ask clients to close any accounts or to stop paying their current debt obligations so credit scores are not negatively impacted. Usually, clients will see a marked improvement in their scores as they widen the gap between available credit and debt balances. Add to this one of the strongest credit repair programs in the market and you have a client who is steadily getting out of debt and building a strong credit score. Q: That’s amazing! How did you become interested in this topic? A: Throughout the course of my career as a health insurance agent, I’ve been in regular contact with people that have expressed frustration in that they have a hard time even buying health insurance because they are living to check to check. I saw an opportunity to help people afford better lives and got involved with Your Family Bank. Q: With so many options for debt relief, why should someone looking for a solution go with Your Family Bank? A: What sets Your Family Bank apart from other options is: We turn our client’s debt into wealth The credit score of our clients is not negatively impacted We show our clients how to get out debt and stay that way We couple our debt elimination program with a credit repair program. This means that as a client goes through our program, they are not only becoming debt free, they are becoming credit healthy at the same time. Q: Is debt consolidation a viable option? A: Debt consolidation often looks great on paper but most of the time it ends up costing you more in the long run than if you just set up an effective plan to pay your debts and remain disciplined enough to follow through with your goals. Debt consolidation, by definition, is a restructuring of your debt, not elimination of it. They promise you a low monthly payment with a low interest rate but none of that is guaranteed. You may end up with a lower payment with a lower interest rate but a very long payback time which could end up costing you thousands in interest that you wouldn’t have paid before. Many times, companies will charge you up front for their service and once the client has paid them, they will not follow through and support the families. Q: What about debt settlement? A: Debt settlement is one of the worst options that anyone can take to get out of debt. First off, they charge up front (usually between $1500-$3000). Once you’ve paid, fraudulent companies will not even do the work they promised to do. Even if you find a company negotiates on your behalf, many times they ask you to stop making even minimum payments. In the end, they negotiate the balances but the late fees and accumulated interest remain your responsibility. Finally, the amounts of any debts that were settled will be sent to you as a 1099C and is considered taxable under IRS tax law. ALSO, most debt consolidation companies recommend that clients cancel credit cards to eliminate the temptation to use the now freed up lines of credit. Likewise, when you are negotiating your debt through debt settlement, your lines of credit are getting closed. This is like putting your finger in a dam to stop it from leaking, think Looney Tunes. The answer is not to get rid of the lines of credit, the answer is to teach families about credit and conservative spending habits to avoid ever getting into uncontrollable debt ever again. Q: So what makes your program different? A: My program, first and foremost, is NOT debt consolidation nor debt settlement. Our clients continue to pay the minimum payments towards their debt to maintain a solid relationship with creditors and ensure that their credit score is not negatively impacted. We find money that clients are already using to pay down their debt and invest it on their behalf in a guaranteed growth product to begin building up the money they need to pay off their debts, essentially converting debt to wealth. This is true debt elimination, in essence, building a new dam. Q: You mentioned earlier that you have a strong credit repair program. Tell us a little about that. A: My credit repair program offers an avenue for my clients to maintain and repair their credit while eliminating their debt. Keeping in line with Your Family Banks moral compass, we not only teach our clients about debt, we also teach them about their credit report. Most credit repair companies are simply trying to repair someone’s credit and move on to the next client. We have created a low-cost credit repair solution that not only includes credit restoration but educates our clients on how credit works to help them make informed decisions for life. Along with credit repair and credit education, included with the monthly, no contract, cost, we offer clients LifeLock, a financial lockbox, travel discounts, prescription discounts, a shopping portal, and we can report rental payments to the credit bureaus! Q: This all sounds fantastic. What is one of your most memorable clients so far? A: One of my most memorable clients was on the verge of sitting down with a bankruptcy attorney. She found her debt insurmountable and was about to give up. After sitting with me, I determined that, on her own, it would’ve taken her 31 years to get out of debt on her own and would’ve cost her over $296,000 in interest. Through Your Family Bank, she will be out of debt in 9 ½ years and will save her $132,000 in interest. That’s money directly to her bank account. She cried when I showed her the plan. We are still working together to ensure she stays on target to pay her debts. Q: How can our subscribers reach you for a consultation? A: I would love to work with your subscribers. If they are interested in the FREE evaluation and FREE strategy session, they can email me at Angel@debtfree. biz or call me directly at (305) 804-8664. They can also visit my website to read a bit more about what I do at www. debtfree. biz (currently being revamped into a whole new experience! ) They can also follow me on: Facebook: @debtfree. biz. LinkedIn: www. linkedin. com/in/yourfamilybankdebtfree Instagram: https://www. instagram. com/debtfree_4life/ Thank you, Angel, for sharing your knowledge with our subscribers. This is Elina signing off until next month's spotlight interview. Have a great month! --- - Published: 2018-10-15 - Modified: 2018-10-15 - URL: https://www.srlawpa.com/whats-new-in-immigration-from-attorney-general-jeff-sessions/ - Categories: Uncategorized When President Trump was running for office, he promised bold changes in immigration law. Love it or hate it, no one has done more to advance President Trump’s immigration agenda than Attorney General Jeff Sessions. Sessions is exploiting the fact that, unlike other judges, Immigration Judges and the members of the Board of Immigration Appeals are actually the Attorney General’s employees. They are part of a sub-agency within the Department of Justice, rather than the judicial branch. And the Attorney General may—until now, in rare cases—overrule immigration court and Board of Immigration Appeals decisions on his own initiative. In the past, Attorneys General have used this “self-certification” authority sparingly: under the Obama Administration, for example, this power was only used four times throughout both terms. By contrast, Sessions has already self-certified cases more cases than that and has issued decisions that have rocked the immigration law world. What follows is an overview of the boldest immigration decisions AG Sessions has issued and what they mean. In Matter of Castro-Tum, Sessions upended decades of immigration court practice by holding that immigration judges lack the power to end a case with so-called “administrative closure. ” Administrative closure allowed immigration judges to take cases off crowded dockets when there was no reason for a case to move forward. For example, when ICE tried to deport someone who could get lawful status through a family member, and who was waiting for that application to be approved, an immigration judge could close the case rather than senselessly ordering that person—who would soon have the right to remain in the United States—deported. There are currently hundreds of thousands of cases that have been administratively closed. Sessions’ decision senselessly creates a nightmare in the immigration courts, where dockets—already far beyond their capacity—could be overwhelmed by the recalendaring of those pending cases. In Matter of A-B-, Sessions unilaterally undermined longstanding asylum protections for victims of domestic violence and gang violence by overruling Matter of A-R-C-G-. In A-R-C-G- the Board had held that, depending on the facts and evidence in an individual case, "married women in Guatemala who are unable to leave their relationship" could constitute a cognizable social group. Through Matter of A-B- the Attorney General has made clear his desire to close the door on domestic violence and gang-based asylum claims by those fleeing persecution from "private actors. " He claimed the authority to overrule decisions not only of the Board of Immigration Appeals, but also of federal courts of appeals. In Matter of L-A-B-R-, Sessions attacked another important way that immigration judges control their dockets and allow noncitizens to seek relief. In that opinion, in an echo of his decision in Matter of Castro-Tum, Sessions specifically made it harder for immigration judges to grant continuances in cases when noncitizens might obtain permission to remain in the United States through a pending application. In Matter of S-O-G- and F-D-B-, Sessions continued his efforts to require immigration judges to issue unnecessary deportation orders to noncitizens by limiting immigration judges’ use of termination—another means of closing a case—to extremely narrow circumstances. He wrote that an immigration judge’s general authority to "take any other action consistent with applicable law and regulations as may be appropriate" does not provide any additional authority to terminate or dismiss removal proceedings beyond those authorities expressly set out in the relevant regulations. In other words, judicial independence has been eroded. More recently, Sessions has referred to himself Matter of M-G-G-. It is about issues relating to the authority to hold bond hearings for certain immigrants screened for expedited removal proceedings, ordering that the case be stayed during the pendency of his review. Everyone is still eagerly awaiting what will happen with this decision given the challenges it will bring to those in detention. --- - Published: 2018-09-07 - Modified: 2018-09-07 - URL: https://www.srlawpa.com/family-reunification-vs-chain-migration-whats-the-difference/ - Categories: Uncategorized Family Reunification vs. Chain Migration: What’s the Difference? “Chain migration”—officially known as “family reunification” in federal law—is the process by which US Citizens and Lawful Permanent Residents may petition for their family members. US Citizens may petition for their spouses, children (adult and minor, married or unmarried), parents, and their siblings. Lawful Permanent Residents may only petition for their spouses, minor children, and adult unmarried children. While “chain migration” and “family reunification” refer to the same process, the terms themselves carry partisan implications. So, what should you call it? “Chain migration” was originally a neutral phrase used by academics to describe the immigration process. However, the term “chain migration” has increased in popularity during President Trump’s time in office since he favors it and uses it often. “Under the current broken system, a single immigrant can bring in virtually unlimited numbers of distant relatives,” Trump said in a past State of the Union address. He has often called for the end of “chain migration” and instead favors the implementation of a merit-based system. But many oppose the negative implications the term arguing it overlooks the difficulty and untimely nature of actually petitioning for a relative. The immigration system is limited. Approximately half of the family-sponsored visas last year went to “immediate relatives”—spouses, parents, and minor children of US Citizens. These people don’t have to suffer through long waiting times, other than the actual processing time (currently taking about a year to a year and a half). But the other half of those visas went to the other family categories mentioned above. Although approximately half went to these categories, those who received them had been on a wait list for years, and some for decades. Unmarried adult children of U. S. citizens take top priority, followed by green card holders’ spouses and unmarried children. Married sons and daughters of U. S. citizens take third preference, and siblings of U. S. citizens come last. There are also per-country limits that make certain country-specific relatives wait extreme wait times. For example, unmarried Mexican sons and daughters of U. S. citizens, the first priority category, who applied after 1996, have not been able to get visas yet, according to a report from the State Department. That means they’ve been waiting over 20 years now on a wait list. These wait times significantly limit the family “chain” President Trump often refers to. Nevertheless, the lesson is that “chain migration” and “family reunification” refer to the same process. So in the end, what term you chose to use really depends on your political inclinations more so than on any practical distinction. --- - Published: 2018-09-01 - Modified: 2025-06-17 - URL: https://www.srlawpa.com/645-2/ - Categories: Uncategorized SPOTLIGHT INTERVIEW: James Schwitalla, Esquire Bankruptcy Attorney Regardless of whether you are a new arrival or your family has been established here for generations, it important to understand the law that governs the relationships between debtors and creditors. I am honored to be able to provide you some insights into this area of law in this month’s SPOTLIGHT INTERVIEW of bankruptcy attorney, James Schwitalla. Q: James, thank you for taking the time to sit with us. First off, please tell our readers what types of cases you handle in your practice, and a little bit about your background. A: Thank you, Elina! It is truly an honor and a privilege to speak with you, and to be able to provide your readers with insights into what rights debtors have, and what remedies are available to creditors. The name of my firm is The Bankruptcy Law Offices of James Schwitalla, P. A. , and the great majority of my cases are bankruptcy cases. But bankruptcy court is only one of the courts where debtors and creditors go to settle their differences. Many times they also find themselves state court and federal district court, where I represent clients as well. I represent debtors (people who owe money) in Chapter 7 and Chapter 13 bankruptcies, as well as defending them in state court; and I represent creditors (people to whom money is owed) in cases filed under all bankruptcy chapters, and in state and federal district court. So I know the area of law from both perspectives. As for my background, I am your gringo, Miami-Native lawyer who speaks Spanish fluently. I was born at Doctor’s Hospital in 1964, and have lived here all my life, except for 4-1/2 years I went to school in Fort Worth, Texas, where I earned a Bachelor’s of Science Degree in Accounting from Texas Christian University (GO FROGS! ). Before that, I attended Our Lady of the Holy Rosary elementary school in Perrine, and Christopher Columbus Catholic High School for Boys. After graduating from TCU in 1986, I was recruited by a large, global accounting firm, and worked for them for a year and a half, and became a Certified Public Accountant. Then I decided to get married and go to law school at the University of Miami. I graduated from UM in 1991, passed the Bar exam in the same year, and went out on my own. I have worked for myself ever since. Q: What prompted you to become an attorney? A: Working for that huge accounting firm didn’t give me the sense that I was helping people. The clients I worked on were big companies. I had a desire to help individuals, families, and small businesses, and I thought becoming a lawyer would best position me to do just that. Q: What sort of cases are you most passionate about? A: I’m passionate about all my cases. But if I had to pick one class of cases that I’m most passionate about, it would bankruptcy cases that were started and messed up by a different bankruptcy attorney or law firm. The area of bankruptcy law, like immigration, is full of attorneys that look at their practice primarily as a business. Accordingly, their focus is on profit, instead of being committed to serving their clients’ needs first. I am proud that my practice is less profitable than that of most bankruptcy attorneys. It shows that I am focused on putting my clients’ needs before my own. One of my guiding standards is Honor before Profit. Q: Do you encounter clients whose immigration/citizenship status has some significance to a particular case or transaction? If so, why so? A: I am happy to say, no. Except in rare circumstances, a person’s immigration/citizenship status is irrelevant to their rights as a debtor or the remedies available to them as a creditor. Certainly this is true for persons who are here visas or permanent legal residency. But, even in cases of undocumented members of our community, this is true. In my 27 years of practice, of the dozen or so undocumented persons I have consulted with, all but one was faithfully filing and paying their income taxes. As a result, Uncle Sam knew their names and current addresses, so filing a bankruptcy was not giving him any information that he didn’t already have. In all of those cases, we filed bankruptcies and my clients received their discharges. Q: What are the “rare circumstances” you referred to above, where a person’s immigration/citizenship status could affect their case? A: It has to do with the homestead exemption. As many of your readers know, ordinarily the equity a person has accumulated in their home (that is, the amount by which the value of the home exceeds the amount they owe on their mortgage(s)) is protected from the claims of unsecured creditors such as credit cards, medical bills, and the like. This is so because the Constitution of the State of Florida provides all “natural persons” a homestead exemption. To impress the homestead character upon a property a person owns, two things are needed: the person must occupy the property; and the person must have the intent to permanently reside thereon. There is a line of cases that says unless a person is a citizen or a permanent legal resident, they cannot have the intent to permanently reside on the property. However, a more recent case has softened that ruling by holding that if a close family member of the non-citizen/non-permanent legal resident lives in the home, and that close family member is a citizen or permanent legal resident, then homestead character does attach to the property. Q: What do you like best about your work? A: (Laughs) That’s easy! Helping people. Q: How can our subscribers reach you for a consultation? A: First of all, the consultation is free unless the client is currently in a bankruptcy, or was just dismissed from a bankruptcy. The only thing they have to do is call the office at 305. 278. 0811, and Mary, Michele, or Karina will schedule an appointment for us. They can also visit my website at www. MiamiBankruptcy. net . Thank you, James, for sharing your knowledge with our subscribers. This is Elina signing off until next month's spotlight interview. Have a great month! --- - Published: 2018-07-27 - Modified: 2020-04-22 - URL: https://www.srlawpa.com/spotlight-interview-daniel-izquierdo-esq-criminal-defense-attorney-2/ - Categories: Uncategorized Immigration law very typically goes hand-in-hand with criminal law, given that many people are put into immigration proceedings due to contact with the criminal court system. As such, this month I am honored to feature criminal attorney extraordinaire, Danny Izquierdo, for our SPOTLIGHT INTERVIEW. Q: Thanks for taking the time to sit with us, Danny. First off, please tell our readers about yourself. What sort of cases do you handle in your practice? A: My pleasure, Elina. Thank you for having me. We are a criminal defense law firm. I've always been dedicated to representing good people that find themselves on the wrong side of the criminal justice system. I handle criminal cases in state and federal court. These cases include anything from DUI, drug trafficking, Medicare fraud and anything else in between. Q: What prompted you to become an attorney? A: I wanted to be in court fighting for people that were accused by the government of committing crimes. I know how much power the government has given its resources and the consequences of it are serious, so someone has to stand up to them and protect the accused. After all, the accused is presumed innocent until proven guilty and it's guys like me that make sure they earn it and prove their case. As a child of Cuban immigrants, I know all too well the abuses of power and swift justice a government can impose on its people. America has the best criminal justice system in the world and I love defending and protecting the rights of the accused and holding the government to its burden. Q: What sort of cases are you most passionate about? A: I am passionate about all types of cases and will defend a Leaving the Scene of an Accident charge with the same passion as I would a trafficking cocaine case. Given the types of cases I've handled and the specialized knowledge required to properly defend them, DUI cases are a big part of my practice and something I truly enjoy doing. DUI laws are extremely strict and it's truly the one crime that will affect people from all walks of life--drinking does not discriminate between prince and pauper. For more information, you can download a free copy of my book, A Six Pack of Questions that can cause a Hangover after a DUI Arrest by going to MiamiDUIBook. com. Q: Do you find some of your clients are preoccupied with their immigration status in conjunction with criminal proceedings? If so, why so? A: Absolutely. Being charged with a crime is unnerving and stressful enough without the pressure of not being a U. S. Citizen and having the fear of deportation. Representing someone who is not a citizen is extremely stressful for the attorney as well--assuming the attorney is doing their job and are aware of the immigration consequences to the various criminal charges. The problem is that oftentimes you are faced with a situation where you receive a great offer from the State Attorney to resolve a case but if you're doing your job and know of the immigration consequences, you should not in good conscience, ethically advise your client to accept the plea agreement. Q: How often does this occur? A: This scenario plays out way too often for my clients. This doesn't mean that they are bad people charged with what society would classify as the most heinous offenses. There are even misdemeanors that can subject someone to deportation. Q: Should out of status individuals be afraid of appearing in criminal court? A: It really depends on what you mean by afraid. If by afraid you mean that they will be picked up while attending court, that is definitely a possibility especially depending on where the case is taking place. Certain counties are notorious for "picking up" people whether it be in court or while they're reporting for probation. The biggest fear comes with the unknown consequences and resolution of a criminal case for an out of status individual. Q: What sort of immigration "issues" do you keep in mind when representing someone in criminal court proceedings? A: Depending on what county the case is in, there are different issues to be considered. One of the most common issues and a constant hurdle for me is accepting PTI in Broward County. See, in Miami-Dade, PTI is a great resolution where an accused can take a class or two and can have their case dismissed after approximately six months of good behavior and successful completion of the requirements. However, in Broward, an accused must sign an admission of guilt/statement of responsibility admitting to the crime charged. This presents a huge issue for a non-citizen. Citizens do not have this issue because their case will be dismissed no matter what county and the admission will not play a role for them going forward. Some other issues that I must consider are length of sentencing (certain crimes have a maximum permissible sentence where deportation kicks in). Lastly, one of the biggest misconceptions is that if he withhold of adjudication. In Florida, you can accept a case and be found guilty but the judge (in most cases) has the discretion to withhold adjudication--meaning you are not convicted of the crime. For a citizen, this is a huge distinction once their case is resolved and they try to pick up the pieces. However, when looking at a withhold of adjudication from an immigration standpoint, it is still considered a conviction for immigration purposes. Q: What are some sentencing alternatives that exist (instead of jail time)? A: Sentencing alternatives can be a whole number of things. Sometimes you have to be willing to get creative and think outside the box as you work with a prosecutor to resolve a case. Anything that will not subject the accused to immigration consequences is fair game. Some of the options include diversion programs (such as PTI), treatment or rehab, conditional dismissals upon completion of requirements, community service or even changing the charges so that your client avoids immigration consequences. Q: What is it like representing non-Citizens in criminal court given the current immigration climate in the U. S. ? A: This has become an even greater challenge for us in the past few years. There is an intense feeling of fear for the unknown that is much more noticeable and present in my clients that are not Citizens now than there was a few years ago. The reality is that immigration law has always been an ever-changing area of law, but that is much more accurate a statement these days. This state of flux and uncertainty has definitely been felt by those individuals we represent that are not Citizens. It is more important now—probably than at any other time—to make sure you are considering all the potential immigration consequences while fighting your criminal case. Q: What can you do if an individual comes to you because they've already been convicted and later it's a problem for their immigration status? A: We may be able to explore the possibility of a motion to vacate under section 3. 850 of the Florida Statutes. Depending on the circumstances of a given case, this may be an option for some and most likely their only option to undo the harm. It is imperative that someone in this position seek out counsel as soon as possible as their claim may not be permitted depending on the amount of time that has passed. Q: Why is it important that a criminal attorney be aware of the immigration consequences of their clients' sentencing and dispositions? A: Not advising your client of immigration consequences could be a major ethics violation. It is our duty as criminal defense attorneys to make sure clients are advised of the potential immigration consequences of taking a certain plea. This oftentimes one of the most grounds for filing a motion to vacate. Q: How can other criminal attorneys avoid this extreme liability? A: The best way to avoid this extreme liability is to either learn immigration law (which I think is one of the most complicated and complex areas of law) or always make sure to align yourself with a knowledgeable immigration attorney so that your client is as advised as possible and nothing happens in their criminal case that will jeopardize their ability to stay in the U. S. Working hand-in-hand with an immigration attorney is imperative when you're a criminal defense attorney. Q: What do you like best about your work? A: I love that I am helping to protect a system that I believe in very passionately and in doing so I am helping to ensure that it continues to be that way. Also, I realize that most people are good-natured and kind-hearted and simply made a mistake, were victim of a lapse in judgment or were simply in the wrong place at the wrong time. Our criminal justice can be unfair and downright cruel; the consequences can be lethal and life-altering and the government has all the power against the accused. Standing up for them and fighting to make sure that, if the government is going to take them down and ruin their lives, they better earn it as the Constitution demands. Again, as a child of Cuban immigrants, I have seen firsthand what an all too powerful government can do its citizenry. Q: How can our subscribers reach you for a consultation? A: Subscribers can contact me anytime to discuss a criminal issue or to seek a consultation for a pending case. It is very important to remember that an accused has the right to remain silent in the face of police questioning and they should be aware so that they can exercise that right as well as the right to have an attorney present during questioning. Should you need to get a hold of me, you can call: (305)707-7345. You can also email me at daniel@izlegal. com or visit my website, www. izlegal. com, and reach us by submitting a form or engaging in live chat with a representative. Thank you, Danny, for sharing your knowledge with our subscribers. This is Elina signing off until next month's spotlight interview. Have a great month! --- - Published: 2018-07-24 - Modified: 2018-07-24 - URL: https://www.srlawpa.com/can-your-us-citizenship-be-taken-away/ - Categories: Uncategorized In June, the United States Citizenship and Immigration Services (“USCIS”) quietly announced the creation of a Denaturalization Task Force aimed at finding and deporting naturalized citizens who are suspected of lying on their citizenship applications. The news has stoked fears that President Trump’s already restrictive immigration policies are taking a McCarthy-style authoritarian turn. It has many naturalized citizens asking when the government can take away your citizenship, and more importantly, what omissions are relevant to the inquiry. If an omission is considered lying, then is forgetting to list a prior address or failing to mention your nickname in the “other names used” section enough to launch a denaturalization fishing expedition? Let’s discuss. A Lawful Permanent Resident (an “LPR”) can apply for naturalization if he/she has been a Legal Permanent Resident for at least five years (or three years in some limited cases), is at least 18 years old, has continuous residence in the U. S. , has good moral character, and is able to pass a civics and history test in English. The most common reasons people get denied include having tax issues, owing child support, having arrests, or traveling too much outside of the country. Assuming an LPR applies and is granted citizenship, can it ever be taken away? Unfortunately, the answer is yes. However, it is currently extremely difficult to denaturalize someone, and it very rarely happens in practice. Denaturalization, which is the legal process of stripping someone of his or her citizenship by revoking it, has had a torrid past that for centuries was at the center of racists and xenophobic immigration policies, such as anti-Asian movements and McCarthy era inquiries into political ideologies. But today, a naturalized citizen of the United States can generally only be denaturalized if they refuse to testify before Congress, are proven a member of a subversive organization (such as the Nazi party or Al Qaeda), due to a dishonorable discharge, or falsified or concealed relevant information in their naturalization application. The last of these reasons is what has most of the naturalized public concerned. While the idea of “falsifying” or “concealing” information sounds quite extreme, applicants commit many errors when applying that can later be deemed “lying. ” For example, the application asks for “other names you have used since birth. ” Do you have to list your embarrassing childhood nickname or the misspelling of your name that someone accidentally printed on your diploma? Well, the fact is, that if you don’t list them, the FBI can’t fully crosscheck its database. This may sound like a silly example, but let’s put it in context: Let’s say you’re Russian, and your name is Андрей. You’ve always translated it as “Andrei” on your US paperwork, but your US friends call you “Andrew. ” You entered on a tourist visa, met an amazing woman, overstayed your visa, got married, and applied for residency and later citizenship. Congratulations, you’re a citizen. Now what if back when you overstayed your visa, immigration initiated removal proceedings against you, and you didn’t even know about it until recently. The officer who issued the Court documentation spelled your name “Andrey,” which is a common variance in spelling when translating your name. You’ve seen it accidentally spelled that way before on some of your old paperwork. You personally never used the “Andrey” spelling so you never listed this on your naturalization application as an alias, and thus this past deportation order never came up in the naturalization background checks. Now what? Does it make a difference if it’s been ten (10) years since you became a citizen? What if it’s been thirty (30) years? The Miami Herald recently reported on an elderly woman who is undergoing denaturalization proceedings because she failed to disclose her previous involvement in a crime. As reported, she was “the secretary of an export company called Texon Inc. , she prepared paperwork for her boss, who pocketed money from doctored loan applications filed with the U. S. Export-Import Bank. ” You can read the full article here: LINK. She never made any money beyond her salary, and in the end, she helped the FBI make a case that put her former boss behind bars. She took a plea deal. The arrest, the investigation, the cooperation... it all happened after she had become a US citizen. So why is she being denaturalized? The application of naturalization includes a question that asks, “Have you EVER committed, assisted in committing, or attempted to commit, a crime or offense for which you were NOT arrested? ” She answered “no,” and now the government is arguing that the scheme started before she became a citizen, so she lied by not admitting to crimes for which she had not been arrested. This presents serious due process concerns because had she known she could lose her citizenship, perhaps she would not have taken a plea deal—perhaps she would have taken the case to trial seeking a “not guilty” verdict. Does this mean you must mark “yes” if you frequently drive above the posted speed limit? Last year, the US Supreme Court heard a case (Maslenjak v. The United States) about how broadly the US government could use this question against a naturalized citizen. The US attorney argued that they could use this type of “lie” against a naturalized citizen for any crime, even minor traffic offenses. In response, Justice Stephen Breyer said he found it “rather surprising that the government of the United States thinks” the naturalization law should be “interpreted in a way that would throw into doubt the citizenship of vast percentages of all naturalized citizens. ” Ultimately, the Court ruled unanimously that only material offenses need be disclosed, but how the term “material offenses” will be interpreted is only now beginning to play out in denaturalization cases around the country, as long-term citizens are finding themselves in court. Given the current political climate and anti-immigrant rhetoric, citizens are right to worry about the new denaturalization task force. BUT SO FAR, the law is on their side. The Supreme Court decision ensured that not all “lies” open someone up to denaturalization because not all lies or omissions make someone ineligible for naturalization in the first place. This is good news because even though, in theory, the government could try to denaturalize you over a typo or simple error, they will have a tough time sustaining it in court. Nevertheless, the fear being generated is very real and the timing of the creation of this task force casts doubts on the administration's motives. Maybe legally-speaking naturalized citizens shouldn’t be too worried, but as Vox writer Dara Lind said, “their worry comes from a place far too deep to be calmed by promises that the law ought to protect them. After all, they had thought the law gave them the same rights, as citizens, as any American born here. ” The task force reads as another step towards the erosion of the American Dream. --- - Published: 2017-11-04 - Modified: 2025-06-17 - URL: https://www.srlawpa.com/578-2/ - Categories: Uncategorized SPOTLIGHT INTERVIEW: Zel & Korinna Saccani Legal Translators and Interpreters This month I am honored to feature Zel and Korinna Saccani, Co-Owners of Saccani Legal and Business Translations, Inc. , for this month's SPOTLIGHT INTERVIEW. Zel and Korinna are a dynamic couple from Texas. Zel Saccani is an experienced legal translator and interpreter, and Korinna Saccani is their company’s office manager. Saccani Legal and Business Translations assists mainly lawyers and bankers around the country. Q: Thank you for visiting us from Texas. What languages does your company translate? Zel: I translate from various Western European languages (Spanish, Portuguese, French, German and Italian) into English, and from English into Spanish. Q: Can your company help if I need a translation from a language other than those you just mentioned? Korinna: As members of the American Translators Association (www. atanet. org), we can forward links with translators’ profiles and contact information. You can then contact the translators directly. Q: Tell us about your ties to the state. What brings you so frequently to South Florida? Zel: I’m a graduate of the University of Miami School of Law, and am a licensed Florida and D. C. attorney. I’m also a certified Florida and Texas court interpreter. I lived in Miami from 1995 to 2006, and travel back to the state frequently. About forty percent of our business comes from South Florida. Q: What kind of documents do you mainly translate? Zel: Ninety percent of our clients are lawyers. I translate all kinds of documents, ranging from contracts and agreements to birth and marriage certificates to business correspondence, websites and press releases. Q: Why should a client hire a professional translator? Miami has a large bilingual population. Can’t anyone bilingual do the work? Korinna: For less-complicated documents such as birth and marriage certificates, it’s definitely possible to hire a non-professional translator. When the document is more complex or the matter is high-stakes, it’s helpful to work with an experienced translator. Q: What would be an example of a document where your company’s expertise adds value and warrants the expense? Zel: I know that your office handles immigration cases. Let’s take a political asylum claim, for which an applicant submits a declaration and evidence, often in a foreign language. A properly-translated declaration and supporting documentation can make the difference between an asylum claim being found credible (i. e. approved) or non-credible (i. e. denied). Q: With the internet, translation has become a global business. How does a client know whom to choose? And why should they pick a more expensive service provider, such as your company, if many faster, cheaper options are available locally or on-line? Korinna: Clients have literally thousands of options in the unregulated translation field. We’ve had success among lawyers and bankers because both professions understand the high cost of getting translations wrong. Attorney and banking clients are normally willing to pay a little more (and wait a little longer) to receive an accurate and enforceable product. Q: Could you list the three or four factors that distinguish your company from the competition? Zel: Sure. (1) Twenty million words personally translated since 2000; (2) American Translator Association certified in the Spanish => English combination; (3) Licensed Florida and D. C. attorney; and (4) Certified Florida and D. C. court interpreter. Q: How can clients reach you for translations? Korinna: Our e-mail address is info@slbt. net and our phone number is (956) 465-8282. Q: Thank you both for your time, and hope to see you on your next trip to Florida! --- - Published: 2017-10-01 - Modified: 2025-06-17 - URL: https://www.srlawpa.com/spotlight-interviewbarrysimons/ - Categories: Uncategorized Barry L. Simons, Esq. Real Estate Attorney This month I am honored to feature Barry L. Simons, for this month's SPOTLIGHT INTERVIEW. In the last fifteen years Barry has concentrated his practice in real estate and business related assistance to his clients. This includes drafting partnership agreements, corporate formation and purchase/sale agreements, contract preparation and negotiations, acting as a closing agent on behalf of lenders and buyers and representing seller's of real property. Q: Thanks for taking the time to sit with us, Barry. First off, please tell our readers about yourself. What sort of cases do you handle in your practice? A: First off thanks to you as well for giving me this opportunity in this wonderful newsletter. My practice involves primarily real estate transactions and related real estate matters. We handle everything from the preparation and negotiation of real estate contracts and leases to the closing of real estate transactions. Our office provides title insurance to Purchasers and Lenders for transactions and we represent Buyers, Sellers and Lenders during their transactions. We handle everything from holding someone’s hand (sometimes literally) in a closing to being involved in larger commercial transactions wherein national tenants are involved. Q: What got you interested in becoming an attorney and in particular a real estate attorney? A: I snuck into a movie as a kid – “And Justice for All” – starring Al Pacino and was just blown away by that film (This probably shows about how old I am too). For some reason, I always thought I would go into criminal law but in real life there are always some plot twists. I became a solo practitioner early in my career primarily engaging in door law (whatever came through the door for work) and found myself for the most part practicing in the area of general litigation and collection work, both for Plaintiffs and Defendants. I opened up my own practice very shortly before Hurricane Andrew. Once things got back to normal after that storm there were a lot of real estate transactions going on and I got my first taste of handling some transactions on behalf of Sellers. Some time later in 1995 as I was getting frustrated with litigation a good friend of mine suggested looking into real estate as a practice option. I dove into that area, starting writing title insurance for transactions, promoting myself in this area and never looked back as it became the primary focus of my practice. Q: Any good stories from your early career as a real estate attorney? A: A few but one sticks out – it was also my first real estate transaction where my office was in charge of everything so to speak because we were the closing agent. There was a Lender involved and we were responsible for coordinating everything. At the closing the Buyers signed numerous paperwork provided by the Bank in order to borrow money from the Bank. One of those papers is the promissory note which states that the Buyer promises to pay back the money they are borrowing from the Bank. Just the Buyer is to sign this document. I got the promissory note confused with the Mortgage which requires witnesses and signed the promissory note too. I basically became obligated to pay back the money to the Bank along with the Buyer (not really but don’t ever sign promissory notes if you are not supposed to). Q: What do you find that you like about being a real estate attorney? A: For the most part, everyone is working towards the same goal, to have a closing. A Seller is motivated to sell their property and receive money to do so. A Buyer has decided that they want the property that is being offered by the Seller and wants to purchase it for personal or business reasons. It is also good to be involved with other attorneys who practice in this field since we know what needs to be done to get a deal closed and generally look out for one another during the course of a transaction. Once a closing occurs generally everyone is happy, both the Buyer and Seller have each achieved what they wanted to accomplish. Q: Are there some other areas of the law you practice in besides being a real estate attorney? A: I have appeared in front of the Florida Real Estate Commission on behalf of real estate agents who have been accused of wrongdoing by the State of Florida. I also handle Municipal Code Enforcement Board hearings on behalf of clients whose properties have been cited for violations by a governmental entity. Through the years I have provided general counsel and litigation support representation to Condominium and Homeowner Associations concentrated towards delinquent accounts. I also file and argue real estate tax appeals in front of the Value Adjustment Board for real estate taxpayers who feel they are being over assessed for their property taxes. Q: How important and prevalent are foreign investments in real estate transactions here in South Florida? A: Very important – foreign money has consistently helped South Florida outpace most of the rest of the nation in the number of sales and dollar amount of transactions and helped South Florida recover from economic downturns faster than the rest of the country. This area would not be the same and worse off without the interest of foreigners in wanting to live here and their interest in investing in real estate here in South Florida. Q: Have you ever seen a situation wherein someone’s immigration status has become an issue in a real estate matter? A: I’ve been involved in a lot of landlord tenant leases and eviction cases over the years. Sometimes in these disputes I’ve had clients whose immigration status may not be clear receive threats from the other side that they are going to be “reported or have the cops called on them. ” Basically, this amounts to bullying in a different manner but really the same. The people making these threats are basically bullies because they have no legal grounds to stand upon and resort to these threats to gain an upper hand. I tell my clients that as long as they have engaged in this business relationship in a legal and honest manner that they should not be concerned. If we ever end up in Court the Judge will be more interested in what the other side did wrong in the relationship than their immigration status. Q: I don't have a green card, but I work and pay taxes. Can I purchase a home in the United States? A: Anyone who has the funds may buy real estate in the United States and this includes undocumented immigrants, visitors and/or temporary workers. Even individuals who have never been to the United States. Most people can’t afford to pay for a real estate transaction all in cash so they need go to a Bank for a loan or mortgage. For undocumented immigrants for instance, getting a mortgage can be very difficult. Q: How can our subscribers reach you for a consultation and/or representation? A: I can be reached at (305) 670-7020 or via email at barry@barrysimons. com. If needed, my assistant speaks Spanish fluently. All the best! --- - Published: 2017-10-01 - Modified: 2025-06-17 - URL: https://www.srlawpa.com/575-2/ - Categories: Uncategorized The End of DACA On June 15, 20212, Obama announced the Deferred Action for Childhood Arrivals (DACA) initiative. President Trump later pledged to end DACA as part of his campaign platform. On June 29, 2017, Texas and nine other states sent a letter to Attorney General Jeff Sessions stating that legal action would be taken to challenge DACA unless DHS agreed to “phase out” the program by rescinding the 2012 DACA memo and halting approval of any new or renewal DACA applications. On September 5, 2017, President Trump caved and announced that the DACA program would be rescinded. This impacts approximately 800,000 young applicants who entered the U. S. before age 16, and who have been enjoying temporary protection from deportation and work authorization. Trump passed the ball to Congress and asked them to act, but in the meantime, here’s what you need to know now. Who has DACA status? These are undocumented immigrants who were brought to the United States as children, a group often described as Dreamers. DACA recipients have been able to come out stop hiding and obtain valid driver's licenses, enroll in college, and legally secure jobs. They also pay income taxes. How are they phasing out the program? USCIS will adjudicate properly filed initial DACA requests and associated applications for work authorization that were accepted by USCIS as of the announcement on September 5, 2017, but they will reject any initial DACA requests filed after that. USCIS will also continue to accept renewal applications through October 5, 2017, but only for DACA recipients whose benefits will expire between September 5, 2017 and March 5, 2018. USCIS will reject all DACA renewal requests that do not fit these parameters, including all applications received after October 5, 2017. Why can’t they just apply for status? DACA grants recipients work permission and protects them from deportation, but it alone does not confer citizenship or legal permanent resident status. DACA recipients who entered the country illegally cannot apply for residency the same way as people who entered legally and overstayed their visas. They can, however, apply for “advance parole,” which gives recipients permission to travel outside the United States under special circumstances and is not specific to DACA. When they return to the United States, they enter legally, opening other avenues for legal status. Now, this option has been halted by the Trump administration, and the new announcements include no further approvals of travel permits by USCIS. So how have some folks with DACA become residents? This is possible because DACA recipients can change their immigration status through a legal basis other than DACA (like marrying an American citizen or being petitioned by a relative). While immigration law bars people who overstayed their visa from returning to the United States for three or 10 years, depending on how long they have resided here unlawfully, DACA halts recipients’ accrual of “unlawful presence. ” So someone who obtained DACA status before the re-entry penalty was triggered would remain protected from it. According to USCIS, just under 40,000 DACA recipients have obtained residency and over 1,000 have become American citizens. How many people will be affected? From August through December 2017, 201,678 individuals are set to have their DACA status expire. 55,258 have submitted requests for renewal to USCIS, and more could do so before the October 5 deadline. In calendar year 2018, 275,344 will have their DACA status expire. From January through August 2019, 321,920 DACA permits will expire. By March 2020, there should be no more DACA recipients unless Congress acts. What can you do about it? Call your Congressmen, write the White House, post on social media, and get informed! --- - Published: 2017-08-04 - Modified: 2025-06-17 - URL: https://www.srlawpa.com/raise-dream-whats-new-bills/ - Categories: Uncategorized RAISE and DREAM: What's In These New Bills? In the last few weeks, two major immigration bills have been introduced in Congress. One aimed at curbing lawful immigration into the U. S. (The RAISE Act) and the other focused on creating a path to status for Dreamers, young people brought into the country as children and grew-up here (The DREAM Act of 2017). What are these immigration-centered bills? What do they say? Who would they affect? And what do they entail? This month we present a brief summary of the two bills so you’re in the know without having to read hundreds of pages of proposed legislation. What is the DREAM Act of 2017? DREAM stands for Development, Relief, and Education for Alien Minors. It is a bipartisan bill authored by Senators Lindsey Graham (R-SC) and Dick Durbin (D-IL). The Dream Act of 2017 would provide young people who were brought to this country as children and grew up in the United States the chance to apply for lawful permanent residence if they meet certain requirements. Unfortunately, prior versions of the Dream Act have been unsuccessful. What would the Dream Act of 2017 change? The Act would expand eligibility and create routes to legal status (leading eventually to residency and citizenship) for young undocumented immigrant Dreamers. Additionally, those who hold DACA status now (Deferred Action for Childhood Arrivals) would be immediately protected and automatically become conditional permanent residents. After being in conditional residency status for eight years, an applicant would then be able to apply for legal permanent residency assuming they fill those requirements. Who would be eligible to apply for the conditional residency status? In order to qualify, an applicant would have to (1) be undocumented, a DACA recipient, or a TPS beneficiary; (2) have entered the U. S. prior to the age of 18; (3) have been continuously present in the U. S. since at least four years before the date of the Dream Act’s enactment; (4) have maintained continuous presence in the U. S. until the day they apply; (5) meet the education requirement (admitted to college, earned high school diploma/GED, or currently enrolled); (6) have not been convicted of certain criminal offenses; (7) pass a medical exam; and (8) pass a background check. What is the RAISE Act? RAISE stands for Reforming American Immigration for a Strong Economy. The RAISE Act was introduced on August 2, 2017 by Senators Tom Cotton (R-AR) and David Perdue (R-GA), and endorsed by President Donald Trump. The RAISE Act aims to cut immigration by half from current levels. This would mark a major shift in U. S. immigration law. What would the RAISE Act change? First, the Act almost completely eliminates family-based immigration by allowing U. S. citizens to sponsor only spouses and minor children for residency. This means U. S. Citizens and Lawful Permanent Residents would no longer be able to sponsor their parents, adult children, or siblings. Second, the RAISE Act would restructure the employment-based visa system into a points system similar to that currently employed by Australia and Canada. The points system works by applying points based on favorable characteristics on a 0 to 100 scale. If an applicant has less than 30 points, he or she is ineligible for immigration. Points would come from age (the younger are valued higher), education, English-language skills, and salary offered. Third, the RAISE Act would end the diversity visa program that currently awards residency to folks from historically low rates of immigration. That is 50,000 fewer immigrants that would be approved for residency on a yearly basis. Fourth, the RAISE Act also reduces the number of refugees allowed into the country to 50,000. Most immigration attorneys agree this is not in line with the U. S. ’s tradition of acting as a welcoming place for those fleeing persecution from other countries. The RAISE Act would essentially decline lawful immigration numbers on all fronts. What is the likelihood one or both acts will pass? Fortunately or unfortunately (depending on your political inclinations), both bills seem unlikely to pass in current form. They are, however, keeping immigration at the forefront of Congressional conversation and advocating for change each in their own way. --- - Published: 2017-08-03 - Modified: 2025-06-17 - URL: https://www.srlawpa.com/spotlight-interview-barry-stein-esq/ - Categories: Uncategorized SPOTLIGHT INTERVIEW: BARRY A. STEIN, ESQ. WORKER’S COMPENSATION ATTORNEY Barry A. Stein, Esq. has been a practicing attorney since 1980. He has been Board Certified in Worker’s Compensation since 1997. He is AV Preeminent Rated by his peers. Q: Thanks for taking the time to sit with us, Barry. First off, please tell our readers about yourself. What sort of cases do you handle in your practice? A: I handle cases involving injuries that individuals suffer while working. They pursue claims against their employer and the worker’s compensation carrier Q: Who is covered by worker’s compensation insurance? A: All employers who have 4 or more employees are required by Statute to have worker’s compensation coverage. There are some employers who choose to be self-insured and they administer their own claims. IF the worker is in the construction industry, EVERY employee must be covered and the rule of 4 or more does not apply. Q: What is the employee is paid cash or “under the table”? A: All employees are covered notwithstanding the method of payment. The employer may be avoiding responsibility for the payment of premiums by not reporting the individual employee. That issue is between the employer and the insurance company. It does not affect whether benefits are due Q: Important to my practice is whether an undocumented individual is covered by worker’s compensation ? A: Yes, Elina, undocumented workers are covered by the act. There may be limitations that apply to lost wages, but they are entitled to medical benefits and care. Q: What benefits are payable to injured workers? A: Worker’s compensation provides for 100% of medical expenses to be provided AND lost wages paid at 2/3 of the average weekly wage. The Average Weekly Wage is defined as the average of the 13 weeks of earnings prior to the accident. If you are able to return to work but you earn less than 80% of your preaccident wages than there is a formula to determine how much is paid to the worker while on limited duty. Q: Will the worker lose their job by making a worker’s compensation claim? A: There is a statute that prohibits an employer from terminating or even threatening to terminate an employee for the pursuit of a worker's compensation claim. The key is to ask for care as soon as you know you need it after an accident. Don't though it out because you belive the employer will get angry. Q: How long does an employee have to make a worker’s compensation claim? A: An employee must notify the employer within 30 days of the date of accident. There are exceptions or extensions to this rule, but in most cases it is important to give this notice as soon as possible. As for the statute of limitations, an employee has 2 years to pursue a claim in Court by filing a Petition for Benefits. If benefits have been provided than a second layer of the statute of limitations provides that the statute will run after 365 days from the last treatment. This means employees must continue to seek medical care on a follow up basis to avoid having the case close. Q: What if the accident was caused by someone else, what can the worker do? A: There are circumstances, like auto accidents or slip and fall accidents on customer’s properties, which allow for the pursuit of the worker’s compensation case AND a third party case for damages against another negligent party. Seek an attorney’s advice as soon as possible to sift through the legal options. Q: Can a worker’s compensation be settled and will there be a large payment made? A: Worker’s compensation cases can be settled, BUT in most circumstances, the employer and/or the insurance company will require resignation from employment. This must be carefully considered by the employee, especially if they are a long term employee. As for the amounts to be paid, there are only two elements: a. medical expenses and b. lost wages. These are the only two elements. You DON’T get paid for pain and suffering, mental anguish, or any other intangible elements of damage like you get in a third party case. This is hard to understand for many employees because they know that they have a permanent injury but they will never receive compensation for it in this system. It is a trade-off which the legislature determined was best for businesses in Florida. Q: Will I have to pay my attorney to represent me? A: Most worker’s compensation attorneys handle cases on a contingency basis. There was approval by the Supreme Court in 2016 that allows for other payment methods but they all have to be approved by a Judge of Compensation Claims. Q: Do you charge for an initial consultation? A: My office has a no charge policy for the initial consultation. Many times I actually handle them by telephone after reviewing medical and other records forwarded to me by the potential client. I make those conferences at the potential client’s convenience so I do meet after hours and on the weekends, so they don’t have to miss work. By the way my office staff is fluent in Spanish and Portuguese. If the worker speaks another language we will get an interpreter to make the consultation as productive as possible. Q: How do people get in touch with you? A: I can be contacted through my office, The Law Offices of De Cardenas, Freixas, Stein & Zachary, P. A. at 305-377-1506. My direct cell phone number is 305-710-2333, and my email is bsteinesq4@me. com. You can also view our website at www. dcfsz. com. Thank you, Barry, for sharing your knowledge with our subscribers. This is Elina signing off until next month's spotlight interview. Have a great month! --- - Published: 2017-07-10 - Modified: 2017-07-10 - URL: https://www.srlawpa.com/decriminalization-increasing-legalization-marijuana-affect-non-citizens/ - Categories: Uncategorized Weed, pot, ganja, mota, grass, Mary Jane, dope, herb, or Chronic... whatever you want to call it, there’s no doubt its moment in the spotlight has arrived. Five U. S. states have legalized recreational marijuana consumption; those states include Nevada, Colorado, Oregon, Washington and Alaska. Many more have also decriminalized possession and/or passed medical use regulations. BUT are there any federal recreational marijuana laws? No. To date, the federal government has not kept pace with the states, and marijuana use is still a crime at the federal level. As a result, lawful permanent residents, visa holders, and undocumented immigrants alike all face consequences for using marijuana despite recent state laws decriminalizing and/or legalizing use because federal law controls immigration. These consequences include losing their status, not being allowed to apply for citizenship, not being allowed into the U. S. after travelling abroad, and—perhaps the most severe—possibly being deported, all for something that may be legal in their state. According to a Human Rights Watch report, for more than 34,000 immigrants deported between 2007 and 2012, the most serious conviction was for marijuana possession. Similarly, a TRAC review of ICE documents from fiscal years 2012 and 2013 found that marijuana possession was one of the top five most common offenses for which ICE issued immigration detainers against individuals. This means that thousands of non-citizens are funneled into ICE custody for removal hearings after being charged with low-level marijuana possession offenses. Homeland Security Secretary John F. Kelly has said that “ICE will continue to use marijuana possession, distribution and convictions as essential elements as they build their deportation removal apprehension packages for targeted operations against illegal aliens living in the United States. ” A single marijuana possession offense makes an immigrant inadmissible and/or deportable under the INA which can often close off eligibility for many types of relief from deportation. Similarly, a noncitizen otherwise eligible to receive an immigrant visa would be rendered presumptively ineligible for that visa with one marijuana offense on his or her record, no matter how long ago the offense occurred and how little marijuana was involved. Limited waivers are available but they can be hard to get. It remains to be seen how federal authorities are going to address the shifting legal situation surrounding marijuana, but in the meantime, the topic is a serious concern for immigration attorneys and their client. Apart from the obvious advice that all noncitizens should avoid use of marijuana given the current divide in law, I would further advise that noncitizens avoid accepting lawful jobs at marijuana shops or dispensaries. Even entry-level work at a facility can be considered by the federal government as aiding drug trafficking. Additionally, under federal law, a conviction doesn’t actually have to exist; an officer’s “reason to believe” that a person has done something that amounts to drug trafficking is sufficient to ruin his or her future. Another issue with the increased decriminalization of marijuana involves attorney representation in the criminal system. As many states decrease penalties for simple possession to minor citations, more and more noncitizens are simply “paying the fine” instead of contesting the charge, and thus admitting guilt to marijuana violations. As a result, noncitizens are putting themselves in vulnerable positions that can lead to removal from the country without ever appearing in court, receiving advice of counsel, or receiving plea warnings from a judge. Many have long argued that the current federal inadmissibility and deportability grounds are unfair given how much more severe the consequences to noncitizens are than to citizens who violate or commit the same minor offenses. What may only yield a small fine in criminal court, may also get a noncitizen deported in immigration court. In my opinion, the injustice has never been clearer than it is right now. There is no excuse for the continued removal or exclusion of noncitizens due to activities considered lawful in their states. Unfortunately, all we can do is wait and hope that at some point federal law will align itself with evolving state law and provide equal justice for all. --- - Published: 2017-06-06 - Modified: 2017-06-06 - URL: https://www.srlawpa.com/lgbtq-battle-immigration-equal-rights-won/ - Categories: Uncategorized Over the last few years, Lesbian, Gay, Bisexual, Transgender, and Questioning (“LGBTQ”) rights in the U. S. have come a long way, but LGBTQ immigrants in the U. S. still encounter unique obstacles to securing protection and safety, especially when matters involve the immigration court or immigration detention systems. LGBTQ immigrants still face discriminatory attitudes in the immigration court system, as well as at USCIS, but things are improving and leaps have been made in the ongoing positive adjudications of same-sex marriage-based residency applications, same-sex fiancé visas, and gender identity or sexual orientation based asylum applications. Nevertheless, many changes are still needed, and our legal system has yet to catch up with the growingly progressive cultural environment. Alarmingly, approximately one in four substantiated incidents of sexual abuse in the immigration detention system involves a transgender individual. Footnote 1. And U. S. courts have barely touched the subject of same-sex parental rights as they relate to assistive reproductive technology (including IVF and surrogacy). This month, in honor of PRIDE MONTH, I present some special considerations and unique issues facing the LGBTQ community as they relate to immigration law, including some past victories and future battles that are only just beginning. A. Immigration Through Same-Sex Spouse Now that the U. S. Supreme Court has struck down the Defense of Marriage Act (DOMA), same-sex bi-national couples may apply for marriage-based applications in the same fashion opposite-sex couples always have. This means that U. S. Citizens and Lawful Permanent Residents can petition for their foreign-born, same-sex spouses to achieve immigration status, such as residency (green cards). This also means that some visa holders can get a derivative visa for their same-sex spouse as well. B. Immigration for Same-Sex Fiancés The fiancé visa, also known as a K-1 visa, is used by a U. S. citizen to bring a foreign-born fiancé to the United States for the purpose of getting married. Similar to the section above, U. S. Citizens may now petition for their same-sex fiancés who are abroad. Prior to the Obergefell v. Hodges ruling, same-sex couples had the additional burden of having to prove that once the fiancé entered the U. S. on the K-1 visa, the couple would be able to marry in a state allowing same-sex marriage. Now that all states are required to issue marriage licenses to same-sex couples, the extra burden has been lifted. But why wouldn’t you just marry your spouse abroad and save the visa step altogether? Many same-sex couples from countries who have yet to legalize same-sex marriage chose the K-1 visa option as an alternative to marrying abroad and petitioning through a consulate given that the foreign country would not otherwise recognize the relationship. The K-1 visa allows for the marriage to take place after entry in the U. S. , thus avoiding the issue faced by bi-national couples who reside in a country that won’t allow them to marry. C. LGBTQ Refugees and Asylees If a person suffered past persecution or fears future persecution in his/her home country due to his/her sexual orientation, gender identity, or HIV-positive status, he or she may be eligible to apply for asylum. Until recently, there was very little precedent in the area of LGBTQ and HIV-based asylum law. However, since 2003, the number of precedential LGBTQ asylum cases has more than tripled. Fortunately, some Circuits (such as the 9th Circuit) have continued to expand the legal understanding of asylum for LGBTQ individuals, but many other circuits have taken narrower viewpoints on the subject. Generally, successful asylum claims based on gender identity or sexual orientation come from individuals from countries where LGBTQ individuals are targeted and where there is a lack of legal protections in place. In many Middle Eastern and African countries, being gay is illegal and often punishable by imprisonment or death. Many asylees also come from South and Central American countries, where being gay or transgender is viewed as unacceptable by society as a whole. D. Immigration Detention and Transgender Immigrants Immigrants who are in deportation proceedings are often (although not always) detained for part or most of the process. LGBTQ immigrants, and in particular transgender individuals, are at a much greater risk of abuse and harassment in these facilities. This is because the protocol to consider housing for detainees is not decided on self-assessed gender, but instead on physical anatomy or legal documentation. As a result, transgender detainees are often at risk of physical and psychological abuse when placed in all male or all female facilities that do not reflect their gender identity nor choice. In 2015, ICE issued guidance aimed at improving conditions for transgender people, including taking into account their individual needs during detention, such as preferences about housing. The concept of “transgender units” in detention center has been presented as a problem solver (with Northern Texas’s 36 bed “Prairieland” unit as the example, which is the second unit of its type and opened in early 2017), but human rights groups are worried about this solution and argue that placing transgender people apart from the general population could stigmatize them, even if it seems to offer safeguards in principle. Advocates also worry that detainees being transferred to Prairieland from elsewhere in the country may find it harder to connect transgender individuals with legal help. Aaron Morris, executive director of Immigration Equality, an LGBTQ immigrant rights group, has argued that “There is a danger that using this as a safety mechanism will also seem quite punitive to people, as they will not self-identify. ” E. Children of Same-Sex Couples (Assisted Reproductive Technology) As a result of DOMA being struck down, stepchildren acquired through same-sex marriage qualify as beneficiaries or for derivative status from the residency applications mentioned in Section A above. But what of same-sex couples wanting to have children through Assisted Reproductive Technology (including IVF or surrogacy)? The U. S. Department of State (“DOS”) determines whether a child born abroad to a U. S. citizen parent acquired U. S. citizenship at birth. A child born abroad may acquire U. S. citizenship at birth if the parent/parents of the child meet the conditions prescribed in the Immigration and Nationality Act (“INA”). The DOS interprets the INA to mean that a child born abroad must be biologically related to a U. S. citizen parent for the child to acquire U. S. citizenship at birth. In specific, a U. S. citizen father must be the genetic parent of the child and meet all other statutory requirements in order to transmit U. S. citizenship to the child at birth. And a U. S. citizen mother must be the genetic and/or the gestational and legal mother of the child at the time and place of the child’s birth and must meet all other statutory requirements in order to transmit U. S. citizenship to the child at birth—Gestational mother meaning the woman who carries and gives birth to the child. So what’s the problem? In the case of bi-national same-sex couples, the U. S. Citizen spouse is often not related through DNA to the child that’s to be born. For example, if a lesbian bi-national couple decides to use a sperm donor and further decides that the foreign spouse will supply the egg and/or carry the child, the U. S. Citizen spouse is not biologically related to the child and would thus be unable to give automatic citizenship to the child. DOS further states that even if local law recognizes a surrogacy agreement and finds that the U. S. parent is the legal parent of a child conceived and born abroad through assisted reproductive technology if the child does not have a biological connection to a U. S. citizen parent, the child will not be a U. S. citizen at birth. Most of these laws were written decades ago, back when surrogacy and fertility treatments were less common, and certain techniques were unheard of. Legislators likely did not imagine possibilities where no actual genetic relationship exists between parent and child. This area of law is still evolving, and this particular legal battle is only just beginning. http://www. gao. gov/products/GAO-14-38 --- - Published: 2017-06-01 - Modified: 2017-06-01 - URL: https://www.srlawpa.com/spotlight-interview-scott-merl/ - Categories: Uncategorized Scott Merl, Esq. Personal Injury and Family Law Attorney Q: Thanks for taking the time to sit with us, Scott. First off, please tell our readers about yourself. What sort of cases do you handle in your practice? A: Thank you so much for “spotlighting” me! I handle all kinds of family law cases and personal injury cases. Most of my current family law cases are divorces, timesharing (formerly known as “custody”), paternity (unmarried parents of at least one child), and child support. Most of my personal injury cases are car accidents, slip and falls (falls on a liquid in a store/property), trip and falls (falls on an item in a store/property, broken pavement, and uneven ground), or medical malpractice claims (where a doctor makes a mistake). Q: Have you always practiced these fields? A: Early in my career, I was a general counsel for a doctor who is still a client. I helped him manage his business and purchase a laboratory. On occasions, I have handled individual bankruptcies (Chapter 7 and Chapter 13), general business consulting (partnership agreements, business organization structuring, and management agreements), and bad car deals (warranty issues, service issues, car sales issues). In the last couple of years I honed my practice to personal injury and family law, but I still help clients on all matters. Q: What prompted you to become an attorney? A: My father was an attorney in Florida focused on personal injury cases. Throughout my time growing up, and in college I knew I wanted to be an attorney. I also knew I wanted to own and operate a business. So at the University of Florida I made it a point to study Political Science to learn the law, but I also majored in Business so I would have the business skills for the future. The day I came to visit the University of Miami law school, I knew I wanted to come back to Miami to one day open my law firm. Q: What sort of cases are you most passionate about? A: I have to say that the most impactful family cases are those where I force the parties to put aside their differences and ensure that both parents see the kids regularly. I always feel proud when even in spite of the parents’ issues the parents put the best interests of their children first. Similarly, there is nothing I love more than a hard fought personal injury case where, at the end, my client knows I fought hard for them regardless if its a smaller settlement or a six figure settlement and they have closure. Q: Do you find some of your clients are preoccupied with their immigration status in conjunction with divorce/dissolution proceedings? A: Yes, often it is a concern in my cases. When someone is here illegally, it’s often the first thing an angry ex-spouse threatens to use as leverage. Fortunately, judges are used to those kinds of threats and do not take kindly to them. Immigration status isn’t usually an issue unless it’s directly relevant to an issue in the family case. Specifically, in family cases so long as one of the parties has been in the jurisdiction for a required a period of time (typically 6 months), immigration status is irrelevant. Q: What about your personal injury cases? A: In personal injury cases, immigration status has no impact as anyone can be injured and bring a claim, regardless of their immigration status. However, insurance companies and their attorneys will threaten to report my client to the immigration agencies as a means to strong-arm my client into a low settlement, but they rarely ever do so. Q: Should out of status individuals be afraid of appearing in court? A: Not at all. Family court judges are not generally concerned with immigration status, unless it directly affects an issue in the case (Ex: One parent wants or needs to relocate). Similarly, civil court judges are not generally concerned with immigration status, unless it directly affects an issue in the case (Ex: the injured party, even a tourist stated they had no intention to go back to the United States or appear for an issue related to the case). Q: Is a parent's immigration status relevant in a child time sharing/custody case? If so, how could it effect the case? A: Immigration status is not a statutory factor to determine timesharing, nor does it reflect on a person’s ability to parent, which is the main factor in determining a timesharing schedule. Q: What happens if a foreign national wants to divorce someone who is somewhere in their home country but they have no idea where or how to find them? A: If my client truly has no idea where his or her spouse lives, it’s allowable to serve the other party with the divorce petition through publication. Service by publication requires a “diligent search,” which is accomplished by contacting various agencies and listing the case in a local newspaper in an attempt to discover the other party’s whereabouts. Some countries accept service of process via mail, but other countries’ requirements for service of process can end up being costly and lengthy. Q: What happens if a foreign national is injured or the tortfeasor (person who caused the incident) is foreign national? A: If a foreign national is injured that person is able to bring a claim, but the person may be required to come to the jurisdiction for court proceedings. For example, if someone while visiting Miami slips in a store or gets into a car accident, that person is required to come back to Florida for their case whether it be a deposition (sworn statement), mediation (settlement conference), or a trial. On the other hand, if the tortfeasor (at fault person) is a tourist, foreign national, or illegal immigrant and causes an accident, the parties will have to go to that person’s home location. Sometimes the Court can force that Non-Florida resident to come back to Florida for the case. Q: What do you like best about your family work? A: Family attorneys get a bad rap because of the costly over-litigated cases portrayed in the media and horror stories heard from other friends. For me, I constantly act as therapist, counselor, and officer of the court and there is nothing more rewarding then when the client is able to communicate with the other party without needing my guidance. Q: What do you like best about your personal injury work? A: Personal injury attorneys also get a bad rap for being greedy or “ambulance chasers,” and because of the media portrayal. But prosecuting personal injury cases makes the world a better place to live in. Just think about the recent airline fiascos, the tobacco cases, or even the BP oil spill a few years back. All of those instances, have helped make things safer and better for everyone. Day after day I act as therapist, counselor, and even at times a de facto insurance agent providing my clients valuable information to have the best insurance coverage for a future car accident. Yet, there is nothing I love more than when my client tells me they are able to do almost all the things they could do pre-accident. Yes, the monetary settlements help my clients cope with their injuries, but hearing my client’s life is returning to normalcy that is best token of gratitude from my personal injury clients. Q: What sort of cases are you most passionate about? A: I have to say that the most impactful family cases are those where I force the parties to put aside their differences and ensure that both parents see their kids regularly. I always feel proud when even in spite of the parents’ issues they put the best interests of their children first. Similarly, there is nothing I love more than a hard fought personal injury case where my client knows I fought hard on their behalf no matter if the accident was a smaller case or a six figure case. Q: Personal Injury attorneys always advertise, “no money until there is a recovery,” what does that mean? A: As cheesy as all the advertisements we hear and see, they are true, Personal injury lawyers work on a percentage of the recovery and these rates are regulated by the Florida Bar. These percentages may be steep to some clients (25%, 33 1/3, 40%) but this is because the lawyer pays for any costs (filing fees, expert fees, medical record copies, depositions) through the case, whether the case goes for 1 year or 5 years and the attorney only recovers these costs spent if there is a recovery. Same is true if the case goes to trial and there is a non-verdict, the lawyer too is responsible for all the costs spent at the trial. Q: How can our subscribers reach you for a consultation? A: I can be reached at 305-444-1575 or via email at smerl@scottmerllaw. com and for any case we always offer a free consultation. Thank you again! Thank you, Scott, for sharing your knowledge with our subscribers. This is Elina signing off until next month's spotlight interview. Have a great month! --- - Published: 2017-05-07 - Modified: 2017-05-07 - URL: https://www.srlawpa.com/what-is-a-sanctuary-city/ - Categories: Immigration Under the current administration, the term “sanctuary city” has led many headlines concerning immigration policies and federal funding concerns. In fact, five days after taking office, President Trump signed an executive order aimed at blocking federal funding to sanctuary cities. But to this day, most people still don’t understand what a sanctuary city truly is and how they fit into the bigger picture of U. S. immigration enforcement. There is no universal definition for a sanctuary city. In fact, most sanctuary jurisdictions can be better defined as “sanctuary counties. ” Nevertheless, it can be best explained as a broad term applied to a jurisdiction exercising policies aimed at limiting the cooperation of local criminal enforcement offices with federal immigration enforcement. These informal policies range, but most refuse to turn over undocumented immigrants from local jails to ICE except under very specific conditions or prevent local police officers from asking about immigration status. For example, when someone is arrested for a DUI, he/she may be detained for the night and released the next day. In counties without sanctuary policies, if this person was an undocumented immigrant, federal authorities would be alerted and may ask the local officials to hold this person in detention for a time while they transfer them into immigration custody and possibly deport them due to their unlawful status. This may be true without regard for how minimal the offense. The “Sanctuary Movement” began in the 1980s and was led by churches, synagogues, and other religious institutions. The movement stemmed from the belief that religious organizations should provide refuge for all those in need, including those who committed crimes. But slowly churches found the groups they harbored increasingly included Latino refugees fleeing civil unrest, and not criminals. The movement spread, and many counties through the U. S. joined in solidarity. As MSNBC writer Amanda Sakuma commented in her article regarding the sanctuary movement, “early sanctuary leaders might find it ironic that law enforcement would take up the cause decades later. ” Law enforcement officials have stated that they do not want to undertake the extra burden of enforcing immigration, and they worry that honoring ICE detainer requirements could scare people away from reporting crimes. Additionally, they worry it would break down community relations and disrupt services. Opponents of sanctuary cities accuse them of allowing criminals to live peacefully while committing crimes on U. S. soil that could have otherwise been avoided if they had just been deported. They cite these cities as counterproductive to their goal of enforcing immigration laws and cracking down of the number of undocumented immigrants living in the U. S. Federal officials do at times rely on local law enforcement to help enforce federal immigration laws, but there exists no law that forces authorities to detain undocumented immigrants due to a federal request. In fact, complying with these requests is voluntary according to federal courts nationwide. To be clear, there are no sanctuary policies that prevent law enforcement officers from pursuing immigrants or any crimes they have committed. The collective goal of these informal sanctuary policies is to protect undocumented immigrants who are not involved in criminal activity from being detained or deported by ICE. Why should you care? Just days after taking office, President Trump signed an expansive executive order that threatened to cut billions in federal funds from sanctuary cities. President Trump’s executive order intended to “strip federal grant money from the sanctuary states and cities that harbor undocumented immigrants,” according to press secretary Sean Spicer. However, a ruling from U. S. District Judge William Orrick III in San Francisco on April 25, 2017 said that President Trump’s order targeted broad categories of federal funding for sanctuary governments and that plaintiffs challenging the order were likely to succeed in proving it unconstitutional. This decision will block Trump’s order for now while the case makes its way through the court system. Other lawsuits are also pending in Seattle; two Massachusetts cities, Lawrence and Chelsea; and a third San Francisco Bay Area, the city of Richmond. In response, multiple counties have backed away from sanctuary-type policies over the prospect of losing millions in essential funding, while others have declared sanctuary-style non-compliance with a new fervor. --- - Published: 2017-05-07 - Modified: 2017-05-07 - URL: https://www.srlawpa.com/spotlight-interview-charlotte-rodriguez-sales-leadership-trainer/ - Categories: Spotlight Interview Q: Thanks for taking the time to sit with us, Charlotte. First off, please tell our readers about yourself. What sort of people do you work with? A: My pleasure, Elina. Thank you for having me. At Sandler we focus on sales skills development through different strategies such as ongoing reinforcement training, 1-1 coaching, and online materials. The majority of the people we work with are successful business leaders who are doing OK, but might have some frustration about sales – either they’re not where they’d like to be in terms of profit and revenue, concerned because they don’t have a repeatable, reliable selling system to forecast sales and evaluate performance, or worried because their sales team isn’t comfortable or doesn’t know how to prospect for new business. Q: What prompted you to become a Sandler sales trainer? A: I wanted to take in a leadership role that would change people, in whatever way, for the better. At Sandler, we focus on the behaviors, attitudes, and techniques of our clients and so tackle improvements from many different angles. I wanted to work in something that had substance beneath it, which would take time, commitment, and be challenging. Sandler takes me and our clients out of our comfort zone, which is where I believe change happens. Q: What sort of people do you like working most with? A: The people I like working most with are those that are truly committed to see things improve, agents of change. When the pain of changing is greater than the pain of staying the same, people won’t change. When people commit to changing, but don’t, it’s a waste of our time and theirs, and that’s what we work hard to avoid. Q: What sort of "issues" do you deal with most often? A: Our clients come to us for a number of reasons. Usually, though, they misunderstand what is meant by prospecting. They believe they are prospecting, when really, they hide behind marketing tools and wait for the phone to ring. We call this passive prospecting. In our experience, active prospecting is what gets more people through the door – asking for referrals on a daily basis, picking up the phone and cold calling, making sure to follow up when attending a networking event, and so on. Q: How can our subscribers reach you for a consultation? A: We invite anyone interested in what we do to come “Crash A Class. ” We hold them every Monday from 12pm-1pm. At no cost, we invite people to come in and talk to our existing clients, ask them questions on what Sandler has done for them, and see one our trainings live. It is hard to put in words what we do: in our experience, prospects get the most value from seeing one of our training sessions live. Q: What is something you encourage your clients to do? A: We encourage our clients to keep a “Cookbook” for success. A Cookbook outlines what revenue-generating behaviors he/she should be doing on a daily basis. It includes anything from cold calling, to warm calling, seeking out referrals using our LinkedIn tools, networking events, 1-1’s with other business leaders, and so on. The most successful Sandler trainers and clients have been those that follow their Cookbooks on a weekly basis. Q: What sort of things do you keep in mind when cold calling? A: Cold calling is a gem for revenue generation. We focus on coming up with different pattern interrupts that will throw the prospect off-guard and keep him/her on the phone longer. We tailor our 30-second commercials so that it speaks to the prospect, rather than what we offer. A little bit ago I actually cold called the owner of ADP Payroll and he was impressed I managed to get through his secretary. It’s all about using pattern interrupts. Q: What is your favorite thing to do on a daily basis? A: Journaling. As cheesy as it may sound, journaling works. I write down my daily affirmations, read them out loud and it gives me the energy to fuel through the day. I realize there are many obstacles thay come up when prospecting, but when I journal about them on a daily basis, they become easier to surpass. I absolutely love the journal. Q: What is most difficult about your job? A: The most difficult aspect I would consider to be prospecting meetings. If, at the end of a prospecting meeting, one of us should be exhausted, we want it to be us; the prospect must think that we are the easiest person to talk to – this means that we have to work hard. The more we ask questions, the more we find out about how/if we can help the prospect, and tailor our services so that it does add value to that person. Otherwise, we won’t want that person to join us. Q: What’s one thing you want our readers to remember about Sandler training that will maybe prompt the to reach out to you? I guess if your reader is massively ahead of budget/target, and sees no reason that the situation will deteriorate, then they shouldn’t reach out to us. If, however, you have a reader that’s hoping things will get better soon, I’d like them to remember ‘hope’ is not exactly a high-growth strategy: they should contact us to figure out whether or not we have the tools to help them grow more quickly and more sustainably. Thank you, Charlotte, for sharing your knowledge with our subscribers. This is Elina signing off until next month's spotlight interview. Have a great month! --- - Published: 2017-04-03 - Modified: 2017-04-03 - URL: https://www.srlawpa.com/spotlight-interview-richard-l-barbara-esq-real-estate-attorney/ - Categories: Spotlight Interview At times, immigration law bears on real estate issues, given that many people try and gain entry into the United States by investing in real estate. As such, this month I am honored to feature real estate attorney extraordinaire, Richard L. Barbara, for our SPOTLIGHT INTERVIEW. Q: Thanks for taking the time to sit with us, Rich. First off, please tell our readers about yourself. What sort of cases do you handle in your practice? A: Hi Elina, thank you for having me, the pleasure is all mine. Alvarez Barbara is a general civil practice. My practice focuses on real estate law with an emphasis on real estate transactions of all kinds. I also do some commercial and real estate related litigation. The Firm recently celebrated its 10th year, and we are committed to providing quality, high value representation for our clients. Q: What prompted you to become an attorney? A: I never wanted to be anything else. I am among the lucky few who was able to grow up and be exactly what I always wanted to be, and that’s an Attorney. I can’t really explain what it was, but for as long as I can remember, I never imagined myself doing anything else. Q: What sort of cases are you most passionate about? A: I’m passionate about my clients. The cases and transactions are just the vehicles through which I am able to assist them. I am passionate about solving people’s problems and getting them the best possible result. Q: Do you encounter clients whose immigration/citizenship status has some significance to a particular case or transaction? If so, why so? A: Yes, certainly. In many instances, a person’s immigration status bears heavily on the strategy employed to accomplish our objective. For example, we have many foreigners making considerable investment in our real estate market. An investor’s citizenship is often an influencing factor in how they acquire title to real property in the United States. Similarly, many sellers of real property are affected by their citizenship status as the proceeds from sales can be subject to additional taxes based on their citizenship. Q: How often does this occur? A: Pretty often. Miami is indeed a “melting pot” of different peoples, and the same is true of the real estate market in south Florida. Q: What sort of immigration "issues" do you keep in mind when a party to a real estate transaction is not a U. S. citizen? A: Well, in the transactional setting, it depends on whether the client is a buyer or a seller. If we are representing a seller who is not a U. S. citizen great care must be taken to make sure the seller complies with the Foreign Investment in Real Property Tax Act (commonly referred to as “FIRPTA”). Depending on the dollar amount of the transaction, and some other factors that I won’t bore you with the details of, the IRS imposes additional tax liabilities on the Seller’s proceeds from the sale. When a transaction has a FIRPTA component, it is important that the lawyers involved know how to recognize the issue so that we can get the proper tax professionals involved for the affected parties. Failure to comply with FIRPTA can result in painful and expensive consequences for the parties to the transaction, and even to the closing/title agent who handled the closing. Q: What about when you represent non-U. S. citizen Buyers? A: In a buyer representation setting, the citizenship concern also boils down to tax treatment. We want to make sure that the Buyer is well advised from a tax perspective, and we leave that to the skilled tax professionals with who we have long-standing relationships. And just from a practical concern, we ensure that the actual closing of a transaction involving a foreign buyer goes smoothly. Nowadays, buyers and sellers rarely get together in one room to “close” the deal. Sometimes the buyer at home overseas and you have to know how to anticipate the “hiccups” incident to delays in the arrival of purchase money funds coming from overseas, or making sure documents are executed properly when the client is an ocean away, etc. , Q: Why is it important that a real estate attorney be aware of the immigration/citizenship consequences of their clients' real estate transactions? A: Because failing to be aware of it can result in considerable headache and expense to the client. People want their lawyers to help them solve problems, not create them with oversight. Q: What do you like best about your work? A: It is very rewarding to be a part of deals getting done. Very often, lawyers spend their time in an adversarial setting. A setting where what is good for one party is inherently bad for the other. In the transactional setting, everyone has the same goal. The goal is to “close the deal”. Just because the parties’ interests are aligned does not mean there aren’t challenges. But that’s what makes overcoming those challenges that much more rewarding. The resolution helps EVERYONE. This is a perk of doing transactional work. It’s not always sexy, but it is very rewarding. Q:How can our subscribers reach you for a consultation? A: Subscribers can contact me anytime to discuss their real estate needs or to seek a consultation. Should you need to get a hold of me, you can call: (305)263-7700. You can also email me at rbarbara@alvarezbarbara. com or visit our website, www. alvarezbarbara. com Thank you, Rich, for sharing your knowledge with our subscribers. This is Elina signing off until next month's spotlight interview. Have a great month! --- - Published: 2017-04-03 - Modified: 2017-04-03 - URL: https://www.srlawpa.com/famous-folks-deported/ - Categories: Immigration Given the current political focus on immigration enforcement, it’s not hard to forget that deportations are not a recent phenomenon. The first deportation law in the United States was the Alien Act of 1798. Since then, many persons have been removed from the United States. This month, we present ten famous people who fought their own personal battles against immigration authorities. You would be surprised to learn the list includes Charlize Theron, John Lennon, Melania Trump, Michael J. Fox, and many more. So, here they are: 1) Charlize Theron: Theron was born in South Africa and became an actress only after knee injuries derailed her ballet dancer dreams. Initially, she struggled to win roles due to her accent. Just when her acting career started gaining traction, Theron was deported from the U. S. at age 19. It was in 1994, when she had just landed a role in “The Devil’s Advocate” with Al Pacino and Keanu Reeves, when she was found and removed by U. S. immigration authorities because her work visa had expired. According to Theron, she was deported after she produced and financed an unpatriotic film about Cuba that appeared damaging to America. Not much has been revealed about how she managed to legally return, but it’s apparent she did, and she became a U. S. citizen in 2007. 2) Arnold Schwarzenegger: The Austrian-born future-Terminator violated the terms of his athletics visa in the 1970s when he did sidework as a bricklayer after entering the U. S. for a bodybuilding competition. 3) Michael J. Fox: Canadian-born actor Michael J. Fox entered the U. S. without a work visa. He wrote in his autobiography that he “suffered some nervousness at the border” early in his career because “the actual visa had not yet come through. ” It later did. 4) Selma Hayek: Hayek, one of the most influential Latino stars in Hollywood, was born in Mexico. She moved to Los Angeles in 1991, and her visa expired shortly thereafter. In 2010, she admitted to E! Online, “I was an illegal immigrant in the United States. It was for a small period of time, but I still did it. ” Her publicist later clarified that her status “was cleaned up immediately as Salma went to Mexico and renewed” her visa. No further comment has been provided as to what type of visa she got and how she “cleaned up” her situation with immigration. Nevertheless, she remains one of the most outspoken Latina stars in the immigration debate, as she is an activist for women’s rights and undocumented workers. 5) Cesar Millian: The Mexican-born “Dog Whisperer” entered the U. S. illegally at age 21. He became a U. S. citizen in 2009. 6) Charlie Chaplin: Born in Britain in 1889, Chaplin was one of the motion-picture industry’s most accomplished figures. He wrote, produced, directed, and acted in some of the most famous movies of the 1920s-1940s. But back in 1952, he was denied a re-entry visa to the U. S due to questions about his leftist politics. He was angry about the anti-Communist fervor in the U. S. and vowed never to return. In fact, Chaplin never made another American film. He did, however, break his vow when he returned for a brief four-day trip in 1972 to accept an honorary Academy Award. 7) Demian Bichir Najera: Mexican-born Bichir was saved by President Reagan’s 1986 amnesty after overstaying his visa. 8) John Lennon & Yoko Ono: Ono and Lennon had been an outspoken anti-war couple and had campaigned against Nixon’s reelection. Ono once told a reporter how she and her husband, former Beatle Lennon, were served with deportation papers one morning in March of 1972. Immigration apparently argued that Lennon should not have been let into the country in the first place because he had been previously charged with possession of marijuana in London in 1968. Lennon was ultimately given 60 days to leave the U. S. , but Yoko Ono was granted permanent residence. Watergate intervened, however, and Nixon’s successor—Gerald Ford—wasn’t as interested in continuing the public political battle with Lennon. Lennon was later awarded residency in 1976 after a three-judge panel ruled the possession charge was not sufficient to keep him out of the U. S. 9) Rodolfo Jimenez: The Mexican-born telenovela star and TV host reportedly first tried crossing the border at age 15. 10) Melania Trump: The First-Lady was allegedly paid for as many as 10 jobs as a model despite lacking the proper working credentials in the 1990s. --- - Published: 2017-03-05 - Modified: 2017-03-05 - URL: https://www.srlawpa.com/spotlight-interview-mario-l-enriquez-esq-first-party-property-insurance-coverage/ - Categories: Spotlight Interview SPOTLIGHT INTERVIEW: Mario L. Enriquez, Esq. First Party Property Insurance Coverage It is common for people to pay for insurance to protect their homes, cars, health and livelihood. It is also quite common that people do not understand all the fine print contained within their insurance policies. As such, this month I am honored to feature Mario Enriquez, an attorney with a practice focused on representing policyholders whose insurance claims have been denied or underpaid for our SPOTLIGHT INTERVIEW. Q: Thanks for taking the time to sit with us, Mario. First off, please tell our readers about yourself. What sort of cases do you handle in your practice? A: My pleasure, Elina. Thank you for having me. My firm represents the owners of commercial buildings and homes that have made a claim on an insurance policy. My experience is that policyholders that have been dutifully paying premiums for years are often times treated unfairly by their insurance company when they make a claim. People pay premiums with the expectation that their insurance company will come to the rescue after their home or business has been damaged by fire, water, wind, theft or vandalism. A lot of times, however, they are confronted by unwarranted skepticism and unnecessarily burdensome requests for information. My job is to keep the insurance company honest, make sure they own up to their obligations and make sure they treat my clients and their customers with the respect deserved. Q: What is your favorite part of your work? A: I’m the youngest of three brothers, so my natural instinct is to fight hard against bullies. In battles between David and Goliath, I have always wanted to fight for the little guy. Being a lawyer, there a plenty of ways to make a living executing legal process upon those that are unable to defend themselves. That type of work never interested me. I am motivated by the prospect of really benefitting people’s lives. In my line of work, I know that insurance companies have more money and greater resources than my clients will ever have. I know that they can write the policies without any input from my clients on a take it or leave it basis. I know that many times my cases will be an uphill battle. I also know that owning a home or business is a major investment and a big part of the American dream. I get tremendous personal and professional satisfaction from helping my clients in protecting that part of their dream. Q: How do I know if my homeowner’s insurance policy provides sufficient coverage? A: Determining whether your insurance contract protects you adequately can be intimidating. Many times during the insurance application process, you will not be provided a full copy of the policy and will only get a declaration sheet with an outline of coverage. Ask your insurance agent for a full copy of the policy that they are proposing so you can review the coverages. Make sure to check the deductible amounts. Deductibles are the amount of money you will have to pay out of pocket before you can recover on a claim. Review whether there are arbitrary caps on water damage. According to an article in the Sun Sentinel, 79% of South Florida property insurance claims are for water damage. As such, many insurance companies attempt to limit water damage and leave you without the most important coverage. Also, be wary of insurance policies that provide an option to repair clause. Many times, these policies prevent you from choosing a contractor that performs repairs on your property and require you to pay out of pocket deductibles before they perform any work on your property. Also, there are some option to repair policies that limit your right to challenge the extent of repairs necessary. Those policies can force you to allow the insurance company to perform repairs that don’t adequately restore your property to pre-loss condition. Be wary of surplus lines insurers. Surplus lines insurer are much less regulated by the State of Florida’s Office of Insurance Regulation and often write policies that contain substantially less coverage than their regulated counterparts. Ask your agent if insurance policy he recommends is issued by surplus lines insurer. Q: If you already have adequate insurance, what are some steps you can take to protect your property? A: If you have adequate insurance and your house is in good shape, that’s great. There are still things that you can do to protect your property in case you suffer a loss. It is always a good idea to document the condition of your property. Insurers will often hire “experts” to say that water damage is the result of constant and repeated seepage or long term exposure to water. If you have photos showing that damage was not present before the loss, you can affirmatively demonstrate that the damage is covered. If your insurance company asks to perform an inspection before agreeing to insure you or as a condition of continuing to offer insurance, ask for a copy of the report. That report will demonstrate that your house was not suffering long term damage, was free of wear and tear and was otherwise in an insurable condition. Q: What should I do if I have a claim? A: It is very important to remember that the insurance company has representatives working on its behalf from day one to gather facts that justify them denying their customer’s case. It is, therefore, imperative for an insured to get their representatives working on their behalf as early in the claims process as possible. I highly suggest hiring an attorney or a public adjuster to represent an insured’s interest at the outset of the claim. The insurance contract has been written to be a minefield for an unrepresented insured. Insurance companies will argue that an otherwise valid claim should be forfeited for failure to comply with a long list of post loss obligations and other inane formalities. It is also important to note that an insured has the right for their counsel or a representative to be present for any examinations under oath, recorded statements, and inspections. I suggest that policyholders exercise the right to counsel and have an attorney present at those important meetings protecting their interests. Q: How can our subscribers reach you for a consultation? A: Subscribers can contact me anytime to discuss a potential or pending insurance claim. There is no charge for a consultation. In my field, there is a law that makes insurance companies liable for my attorney’s fees and costs incurred if a claim is underpaid or denied. This allows my firm to represent our clients without charge until the insurance company issues payment. If the claim is paid in litigation, the insurance company will almost always pay my firm’s attorney’s fees and costs separate from any amount paid for my client’s claim. Should you need to get a hold of me, you can call my office at (305) 631-2528 or my cellular phone (786)282-5996. You can also email me at menriquez@trujillovargas. com or visit my website, www. trujillovargas. com. Thank you, Mario, for sharing your knowledge with our subscribers. This is Elina signing off until next month's spotlight interview. Have a great month! --- - Published: 2017-03-05 - Modified: 2017-03-05 - URL: https://www.srlawpa.com/asked-immigration-questions-right-now/ - Categories: Immigration In the wake of sweeping immigration changes by the President and saturated media coverage, FEAR is the most common thing I'm seeing in my office these days. What do I do if ICE (U. S. Immigration and Customs Enforcement) detains me? How soon can I apply for naturalization? Should I take our planned family vacation to the islands? Both lawful permanent residents and undocumented immigrants alike have flooded my office this past month with questions spawned by their growing fear due to Trump's orders and ICE's new directives. This month, I'm tackling your most pressing questions. If you're wondering, what's going on or what you can do, read on. 1) I heard now people can be removed without seeing a judge or getting a proper hearing; is that true, and what can I do to prevent that? Procedures called "expedited removal," "reinstatement of removal," and "administrative removal" all allow the government to deport a person without a hearing before a judge in immigration court. In particular, "expedited removal" is the procedure currently in the news given the President's expansion of its use via executive order. The President's order expanded expedited removal procedures to include any persons who have been in the U. S. for up to two years. The only way to avoided this if you have been in the U. S. under two years, is to establish a credible fear of persecution if you are returned to your home country. In the alternative, if you have been in the country over two years and are unlawfully present, I would advise you carry evidence of your physical presence in the U. S. with you at all times in the event that you are detained. 2) Is it safe to travel outside of the country on vacation if I am a Lawful Resident but not yet a citizen? For most people, the answer is yes, but beware. The President has stated that another travel ban is in the works, and we are yet to know what the consequences of that will be. Moreover, you may be subject to detention upon your return to the U. S. if you have a criminal past or other special history that makes you a priority for ICE detention and removal. You should consult with a lawyer if you are unsure. 3) I have DACA (Deferred Action for Childhood Arrivals); can I be deported and will DACA be terminated? We don't know yet what the President's long term plans are regarding DACA renewals and status; however, as of now, nothing has changed. DACA is still in place. This doesn't, however, mean you cannot be detained if you are in valid DACA status but you have committed crimes that now make you deportable. 4) What should I do to prepare in case ICE detains me? First and foremost, know your rights. Know when you have to and when you don't have to open the door. Know when you're entitled to an interpreter and an attorney. Know that if you're detained, you may remain silent and don't have to sign anything. Second, research what documents you should carry with you and keep copies of important documents (such as your passport) at home or with a trusted relative. Third, have a plan. Whether it be for your property, money, or children, you should plan for the worst so you're not caught off guard in the event of an emergency. 5) When can I apply for citizenship? Most residents can apply for citizenship after five years as a lawful permanent resident. If you are married to a U. S. Citizen, usually you may apply after three years. There are always small exceptions and unique circumstances that can alter your ability to qualify, so you should always consult with an immigration attorney if you have any potentially negative circumstances that should be taken into consideration (such as arrests, tax issues, too much travel abroad, child support problems, or failure to register for selective service, among others). 6) Where are some of the common places I may encounter ICE? Airports, land borders, ports, marinas, and anywhere else officers would normally encounter foreign visitors entering or exiting the country. 7) Can Trump deport the 11. 1 undocumented immigrants living in the U. S. now? Not as things currently are. ICE has limited detention space. They don't have the resources to deport everyone living out of status or even everyone who already has a deportation order. While the President has ordered for an increased number of agents and detention center space, it is still not feasible to detain anymore than a small fraction of those currently in the U. S. Moreover, the Supreme Court previously ruled that immigration could not detain anyone for over six months without a "reasonably foreseeable" period of time. This makes it nearly impossible for the U. S. to deport anyone from a country that won't take them back (Cubans, for example, are known for remaining on Orders of Supervision in the U. S. for many years past being ordered deported by a Judge). 8) Do I qualify for residency? That is wholly dependent on the facts of each individual case. You should consult with our office (or any other qualified immigration attorney) to see what you qualify for and what your best option is. This is the time to seek good legal advice. --- - Published: 2017-02-07 - Modified: 2017-02-07 - URL: https://www.srlawpa.com/keeping-up-with-president-trump/ - Categories: Immigration President Donald Trump has signed twenty-two (22) documents thus far. They have come in varying forms; some are executive orders and others are memoranda or proclamations. They have had very far-reaching effects on American lives. If you’re having trouble keeping up with the hourly developments and rapid changes, you’re not alone. They can be confusing, and they cover all sorts of subjects, including immigration, health care, national security, energy, and manufacturing. Here we present you with our overview President Trump’s THREE executive orders regarding immigration, along with updates on what has happened since they were issued. 1) Executive Order, Jan. 25: Increase border security measures This order directed the Secretary of DHS to begin planning, designing and constructing a wall along the U. S. -Mexico border. This includes working with Congress to obtain additional funding. He further ordered the construction and operation of additional detention centers near the order to adjudicate asylum claims. Additionally, it authorizes the hire of 5,000 additional border patrol agents, ends the “catch and release” policy, and empowers the state and local law enforcement to act as immigration officers. This order outlined President Trump’s intentions to build a wall, one of his main campaign promises. While he’s claimed Mexico will pay for the wall, his administration has since softened this and has indicated that U. S. taxpayers will have to foot the bill for now. 2) Executive Order, Jan. 25: Pursuit of undocumented immigrants This order directed DHS to prioritize certain undocumented immigrants for removal, including those with criminal convictions and those charged with a crime. It also ordered the hiring of 10,000 additional immigration officers at ICE, sanctions countries that refuse to accept the return of undocumented immigrants that are deported, and created an “Office for Victims of Crimes Committed by Removable Aliens” to “provide proactive, timely, adequate and professional services to victims of crimes committed by removable aliens and family members of such victims. ” Perhaps most notably, the order also prohibits federal funding to “sanctuary” jurisdictions where local law officials have declined to help enforce federal immigration law. The order has prompted a mixture of support and resistance from different cities across the U. S. Traditionally cities are called “sanctuaries” when they refuse to honor federal requests to detain people on suspicion of violating immigration law even if they’re arrested on unrelated charges, including many minor offenses. The City of San Francisco is already filing suit against President Trump, claiming the order is unconstitutional. Meanwhile, the Mayor of Miami has caught heat for publically announcing his intention to fully cooperate with President Trump’s order. 3) Executive Order, Jan. 27: Reevaluating visa and refugee programs This was arguably President Trump’s most controversial order to date, cutting the number of refugees allowed into the U. S. by more than half, suspending the U. S. Refugee Admission Program for 120 days, and instituting broad travel restrictions. The order suspended all entry of “immigrants and nonimmigrants” from Iraq, Iran, Sudan, Libya, Yemen, Somalia, and Syria for 90 days. It also suspended the Visa Interview Waiver Program, which allows certain people renewing their visas to skip an in-person interview, and directed the Secretary of DHS to implement a biometric entry-exit tracking system. Federal Judges in several states have declared the order unconstitutional and have since forced the release of hundreds of people stuck in custody at airports nationwide. The White House defends its order and has stated that it was “not about religion” but about “protecting our own citizens and border. ” Protests have occurred at airports nationwide, and company executives have come out against the order. Many top Republicans have also criticized President Trump’s radical approach. On Friday February 3rd, a federal judge in Seattle temporarily halted Trump's executive order on immigration and travel from some Muslim-majority countries. The order is effective nationwide. As of Saturday February 4th, airlines resumed allowing travelers once affected by Trump’s travel ban to come to the U. S. Trump tweeted in reply that “the opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned! " He later added that because of the “terrible decision... many very bad and dangerous people may be pouring into our country. ” --- - Published: 2017-02-07 - Modified: 2017-02-07 - URL: https://www.srlawpa.com/spotlight-interview-sandra-navarro-garcia-esq-bankruptcy-attorney/ - Categories: Spotlight Interview This month I am honored to feature consumer bankruptcy attorney extraordinaire, Sandra Navarro-Garcia, for our SPOTLIGHT INTERVIEW. Q: Thanks for taking the time to sit with us, Sandra. First off, please tell our readers about yourself. What sort of cases do you handle in your practice? A: My pleasure, Elina. Thank you for having me. I handle consumer bankruptcy cases, both chapter 7 and chapter 13. I've always been dedicated to helping people who find themselves in financial trouble get a fresh start. Having overwhelming debt is not only burdensome from the financial aspect, but it can have devastating emotional and physical effects on a person and their loved ones. Q: What prompted you to become an attorney? A: As a child of Cuban immigrants and watched how often members of our community were taken advantage of due their lack of language or the law. I liked to help and often served as a translator and in many cases negotiator of problem. I realized I enjoyed helping others and decided at a young age I would pursue a legal career. As to the bankruptcy area that I primarily practice in, I admittedly “fell” into this area of law by sheer coincidence. But it was certainly a match made in heaven. I really enjoy being a consumer bankruptcy attorney. I don’t love the situations that bring my clients in through the door. However, I do love that when they walk out of my office they feel a sense of relief and have a plan of action to face their financial problems. They can breathe again and not worry that everything is lost or that the end is upon them due to their financial problems. Q: What sort of cases are you most passionate about? A: I am passionate about all types of bankruptcy cases and will do a simple chapter 7 with as much vigor as I will a chapter 13 where the client is seeking to save his or her home. I have been practicing now for a little over 17 years in the bankruptcy arena and can confirm that no two cases are the same, they are all different in their own way. There is a great sense of accomplishment and peace that I get when I know I have helped my client successfully navigate their bankruptcy because it equals their peace of mind and well-being. Q: What is the difference between a Chapter 7 and Chapter 13 bankruptcy? A: Chapter 7 seeks to liquidate the debt a person has at the time they file their case. This chapter is most often used by Clients who do not have a high income or many assets. You are required to appear for a meeting of creditors and thereafter if all is approved in your case you will receive a discharge order. A chapter 7 normally takes approximately three months from beginning to end. Chapter 13 seeks to reorganize debt. It is most commonly used to save real property from foreclosure or cars from repossessions as the Client does a repayment plan for the creditors through the court. It is often also used to deal with IRS debt, strip down/off mortgages on real property or if a person has substantial income and/or assets to deal with creditors in a way that is reasonable so that the person can get their life back on track. A chapter 13 can last from three to five years depending on the repayment plan selected. Q: How do you know which chapter is best for a Client? A: I sit with every client and go over all of their assets, debts and what they hope to accomplish. Each case is different and must be handled accordingly. Often times a client comes in with an idea of what they want to do, but don’t realize they can’t accomplish that in a particular chapter. It is very important to me to educate my client so he or she knows exactly why they are filing for a particular chapter versus another. Q: Do you find some of your clients are preoccupied with their immigration status in conjunction with bankruptcy proceedings? If so, why so? A: Absolutely. Given, that we live in a very culturally diverse city it is not rare for me to be asked if filing for bankruptcy will affect the outcome of their immigration matters. Having financial difficulties compounded with the worry of not being granted citizenship and possibly facing deportation is a very stressful situation for a client to face. A client who is in the United States legally can file for bankruptcy relief without affecting his or her immigration matters. Bankruptcy is a legal course of action to deal with financial problems, there is nothing illegal or improper about filing a bankruptcy from a legal standpoint. Q: What happens if the person is not here legally? A: If the person is not in the United States legally, then filing for bankruptcy could have an adverse effect on their immigration proceedings. A person filing for bankruptcy who is not legally in the United States could be subject to being reported to the INS or detainment as at the end of the day they are walking into federal court. Q: Should out of status individuals be afraid of appearing in bankruptcy court? A: The filing of the bankruptcy will require an appearance at a meeting of creditors and possibly other hearings in a federal judicial setting. That said there is cause for concern or fear by an out of status individual because they can be picked up while attending the court proceeding, that is definitely a possibility. Unfortunately, for these individuals it will be best to clarify their status first before proceeding to file for bankruptcy relief. Q: What sort of immigration "issues" do you keep in mind when representing someone in bankruptcy court proceedings? A: First and foremost whether or not my client is in fact a citizen, legal resident or has legal status in this country. US Citizen’s and legal residents are afforded many protections within the bankruptcy system. If a client is not here legally he or she will not be entitled to these protections and that could mean a significantly different case for them as far as how they will deal with their creditors. The other big immigration related or I should say immigrant related issue is what assets that person owns in their own native land or elsewhere. Many times clients will not let me know regarding property they own outside the United States believing that since it is outside of the United States it does not count as an asset. It certainly counts and must be disclosed, otherwise it is an omission that could be perceived as intent to hide assets and defraud your creditors and could lead to the denial of your bankruptcy discharge order. It is always important to disclose all assets in your bankruptcy petition, even if owned outside of the United States. Q: What do you like best about your work? A: I love that I can help my clients get their lives back on track. Often people come to see me distraught, lacking many night of sleep, some even with tears in their eyes over their financial problems. Financial problems have a huge impact on all aspects of a person’s life. Financial problems can bring about strains in the husband/wife and parent/child relationships, thus leading to further problems for a person. Nothing brings me greater joy than helping a person see that there is a solution to the financial crisis they are facing. To show a client that yes indeed you can save your home from foreclosure and continue with your business and for that matter with your life while still dealing with your financial responsibilities is a great joy to me. I am very passionate about walking people back from that point where they feel they have been broken with no possibility of repair and showing them there is in fact hope. In all my years of practice I have never had a client come in to my office happy that they are filing for bankruptcy. My clients come from all walks of life. I have clients in the field of teaching, law enforcement, medicine, construction, students, and legal and they all share the characteristic that they are embarrassed to have to be filing for bankruptcy and that they wish they could pay back everything they owed, but they simply can’t. I help these folks realize that filing for bankruptcy does not make them a “bad” person and that the filing of a bankruptcy is a legal process to deal with their financial problems. For some folks, I must recommend against filing for bankruptcy and offer alternative ways in which to deal with their debt in order for them to have the best outcome both in their financial and personal lives. Finding the right solution for each client and helping them get back on track is definitely the best part of my job! Q: How can our subscribers reach you for a consultation? A: Subscribers can contact me anytime to seek a complementary consultation regarding their bankruptcy concerns. Worrying about financial problems will not resolve them, the best thing a person can do is get informed about the options available to them. A bankruptcy may or may not be the right solution for the financial troubles your subscriber could be facing, but they won’t know unless they get a full evaluation of the situation. That is what I present to them, options. Once your subscriber walks out of my office they will know if bankruptcy is the right decision to get them back on financial track or if in fact they should pursue other avenues in order to deal with their financial problems. I challenge your subscribers who are facing any sort of financial difficulties to at least learn of the options available to them. The consultation is complementary; thus, your subscribers have nothing to lose and everything to gain by taking advantage of meeting with me and realizing what options they have. The worst thing anyone can do when facing a financial crisis is quite frankly to do nothing. If any subscriber wants to get in touch me to schedule their consultation they can call of me, (305) 264-7587. Thank you, Sandra, for sharing your knowledge with our subscribers. This is Elina signing off until next month's spotlight interview. Have a great month! --- - Published: 2017-01-03 - Modified: 2017-01-03 - URL: https://www.srlawpa.com/spotlight-interview-irama-valdes-esq-probate-guardianship-estate-planning-attorney/ - Categories: Spotlight Interview This month I am honored to feature probate, guardianship and estate planning attorney extraordinaire, Irama Valdes, for our SPOTLIGHT INTERVIEW. Q: Thanks for taking the time to sit with us, Irama. First off, please tell our readers about yourself. What sort of cases do you handle in your practice? A: It’s a pleasure to sit with you, Elina. As this new year begins, it is a great time to spotlight my type of practice, and I am very grateful you chose me! I primarily handle three areas of law: Probate, Guardianship and Estate Planning. Probate is a legal process used after someone passes to determine their heirs (referred to as beneficiaries) and distribute the assets to the beneficiaries, whether by will (testate) or by the inheritance statute of our state if the person died without a will (intestate). A guardianship is a legal proceeding where the court determines a person incapacitated, (at that point, they are referred to as a “Ward”), whether wholly or to an extent, and appoints an individual to make medical and financial decisions for that incapacitated person. And lastly, estate planning is the preparation of documents which document your wishes for both your potential incapacity, including avoidance of a guardianship, and for your passing, like a Last Will and Testament. Q: Wow. That sounds complicated. A: Well, it can be, if you don’t have any help. One of my favorite parts of my practice is education. I enjoy taking the time to explain the intricacies of each case or estate plan to my clients so that they truly understand what’s going on. Knowledge is power. Q: What prompted you to become this type of attorney? A: The short version? My abuela did. My grandmother was diagnosed with Alzheimer's when I was 16 years old. At that point, she still knew who I was and where she was living, but for the life of her, could not remember where she had placed her purse. The memory issues transitioned from the simple, "Where is my wallet? " to the complex, "Who are you? " I remember my mom and aunt dealing with ALF’s (Adult Living Facilities), and financial institutions. They were so frustrated sometimes. I realized their frustration, but it wasn’t until I decided to practice in this area that I actually understood what went on. I vowed to help others through these very difficult issues and most of my clients leave my office mostly happy, but almost always relieved. Q: Have you always practiced in this field? A: Yes. Since law school I knew this is where I was headed so I interned for the 11th Judicial Circuit Court’s Probate Division during my last semester and worked for the very judges I go before. I later went on to become a case manager where I learned the in’s and out’s of a probate and guardianship case and worked closely with the senior probate division supervisor. That has been the most helpful part of my court experience. I also made some everlasting relationships with the awesome probate staff! Q: What sort of cases are you most passionate about? A: I have to say that the most impactful cases are those where I act as a Court-Appointed Attorney for an alleged incapacitated person. This is the beginning of a potential guardianship, usually of an elderly or ill person but not always, and it is the point in a guardianship whereby the individual’s capacity is being determined. The Court appoints an unbiased attorney from a randomized “wheel” to represent the interests of the individual whose capacity is in question. It is crucial that these individuals maintain as many rights as possible. It’s a privilege to have a hand in something so important as an individual’s rights. Q: What kind of rights are delegated to someone in a guardianship? A: There are several rights that we have, for example, the right to marry, the right to contract, the right to apply for government benefits, and many others. Sometimes, an individual is only found to be slightly incapacitated. In these cases, aptly titled a limited guardianship, the court only gives the guardian authority over a select number of rights. Q: Is there any connection between immigration and probate, guardianship or estate planning? A: Where do I begin? YES! If a nonresident dies in the United States owning assets over a certain amount (currently $55,000. 00), their estate will be responsible for the payment of estate tax to the IRS. This is the main reason nonresidents should place great importance on the preparation of an efficient estate plan to help minimize the tax burden on their estate, and ultimately, their beneficiaries. With regard to guardianships, if an individual is under a guardianship, it could assist in maintaining their status in the United States. But they’ll need to ask you exactly how as you’re my go-to immigration expert! Q: Should out of status individuals be afraid of appearing in probate or guardianship court? A: Not at all. Probate court judges are not generally concerned with immigration status, unless it directly affects an issue in the case, for example, the individual who is under a guardianship does not reside in this county. Then the guardianship, if already established, would need to be transferred to the Ward’s resident country. Q: What do you like best about your work? A: I love that I help individuals transition from a frustrating or stressful situation into something manageable. Whether it’s caring for an elderly person, or preparing an estate plan for a family with minor children, there is often a peace-of-mind that comes with my practice and what we do for our clients. Likewise, losing a family member is a horrible experience, and one that most people have to deal with. I love being the one that helps individuals move forward with their lives and not have to worry about the details. I am more than just a probate & guardianship attorney. I’m a mental health counselor, I am a hand-holder, I am a confidant and always an officer of the court. My clients often come to me feeling alone and scared, but when they leave my office, they know that I am there to take care of them and their situation, and to always do the right thing. That brings me such great pleasure. Q:How can our subscribers reach you for a consultation? A: I can be reached at (786) 671-7829 or via e-mail at ivaldes@ProbateLawMiami. com. They can also visit our website where we provide a plethora of useful information. The website address is: www. ProbateLawMiami. com. Thank you again! Thank you, Irama, for sharing your knowledge with our subscribers. This is Elina signing off until next month's spotlight interview. Have a great month! --- - Published: 2017-01-03 - Modified: 2017-01-03 - URL: https://www.srlawpa.com/immigration-year-end-review-good-bad-scandalous/ - Categories: Immigration Two-thousand-sixteen was momentous in the U. S. immigration world. Supreme Court decisions, the elections results, the new influx of refugees, and changes in U. S. -foreign relations have all changed the face of U. S. immigration. In case you missed something, here’s our overview of the must-know immigration events of 2016. January 26: Obama announces he will continue to restore ties with Cuba. This will result in more travel opportunities to the island, investment opportunities into some limited operations, and the import of some Cuban alcohol and tobacco products. April 5: USCIS receives over 233,000 H-1B petitions under the FY2016 H-1B cap from April 1st. With only 85,000 open slots, employers only have a 1/3 chance of getting an H-1B petition on behalf of an employee. June 23: The Supreme Court deadlocked in 4-4 Vote on Challenge to Obama's Immigration Executive Actions. As NPR explained, “The 4-4 tie leaves in place a lower court ruling that put the Obama administration's DAPA program on hold. If you remember, back in 2014, President Obama announced that he was expanding his Deferred Action for Childhood Arrivals (DACA) program, which shielded young people, commonly referred to as 'dreamers,' who were brought into the country illegally by their parents. That program shielded some 1. 1 million immigrants from deportation, while the expansion of that program and the creation of another — called Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) — would have shielded some 4 million others. ” June 23: While seemingly only a foreign issue, the decision of voters in Great Britain to leave the European Union signaled a change in attitudes about immigration on the European continent and may have influenced how American voters should view the influx of refugees to this country. June 30: Trump makes various controversial remarks against the Mexican government regarding its contribution to illegal immigration and its possible attack on the U. S. making U. S. ties with Mexico and immigration a main discussion topic of the U. S. elections. July 29: U. S. Citizenship and Immigration Services (USCIS) announced a final rule expanding the existing provisional waiver process to allow individuals who are family members of U. S. citizens and lawful permanent residents (LPRs), and who are statutorily eligible for immigrant visas, to apply. November 8: The election of Donald Trump was significant for the direction it signaled U. S. immigration policy would be taking in the foreseeable future. His agenda of building a wall on the Mexican border, of deporting illegal immigrants and blocking the inflow of Muslims found favor with many voters in the U. S. who were obviously frustrated with the path immigration policy had been taking. November 25: Fidel Castro, revolutionary dictator of Cuba, dies, sending a wave of celebration among the Cuban asylee population in the U. S. December 23, 2016: USCIS announces a fee increase of almost all available applications, resulting in a 21% increase overall. --- - Published: 2016-12-04 - Modified: 2016-12-04 - URL: https://www.srlawpa.com/will-fidel-castros-death-alter-u-s-cuba-relations/ - Categories: Immigration On November 25, 2016, Fidel Castro—revolutionary dictator of Cuba—died at age 90. The news spread quickly to South Florida, where expatriates and their relatives gathered in Miami’s Little Havana to celebrate. Miami’s Calle Ocho (8th Street) was closed for three days while crowds waived Cuban flags and chanted to a free Cuba (“Viva Cuba Libre! ”). But the question remains, will Castro’s death usher in the change the Cuban-American population in the U. S. has waited so long to see? Since the 1960s, the U. S. has imposed an embargo (the “blockade”) against Cuba, an island just 90 miles south of the Florida Keys. The embargo consists of restrictions on travel to Cuba, economic sanctions against Cuba, and restrictions on commerce for all people and companies under U. S. jurisdiction. However, throughout 2016, Obama announced a series of executive actions aimed at lifting restrictions and increasing trade with Cuba. In response, Trump has stated that “all of the concessions Barack Obama has granted the Castro regime were done through executive order, which means the next president can reverse them, and that I will do unless the Castro regime meets our demands. ” Given the recent disagreement between the President and President-elect on U. S. policy towards Cuba. It’s no surprise the two had such differing responses to the dictator’s death. “At odds but not surprising” is how this writer would describe the President and the President-elect’s statements in response to the news. “Fidel Castro’s legacy is one of firing squads, theft, unimaginable suffering, poverty and the denial of fundamental human rights,” Trump said in his statement. “While Cuba remains a totalitarian island, it is my hope that today marks a move away from the horrors endured for too long, and toward a future in which the wonderful Cuban people finally live in the freedom they so richly deserve... Our administration will do all it can to ensure the Cuban people can finally begin their journey toward prosperity and liberty. ” Obama on the other hand, focused not on Castro’s horrid past acts, and instead on the possibility of future compromise and collaboration. He said that Castro’s death is an occasion for Americans to “extend a hand of friendship to the Cuban people” and acknowledge the “powerful emotions” Castro had evoked in both countries. “During my presidency, we have worked hard to put the past behind us, pursuing a future in which the relationship between our two countries is defined not by our differences but by the many things that we share as neighbors and friends—bonds of family, culture, commerce and common humanity,” Obama said in his statement. Although Castro had long-ago given control of the island to his brother, experts believe Castro’s death could usher in a new era of negotiations and relations with Cuba. “With gone there is less resistance to opening up to Cuba. It’s a real blessing in disguise for those in Cuba and the U. S. who want to see the opening in relations between the two countries continue. ” Jason Marczak, director of the Latin America Economic Growth Initiative at the Atlantic Council's Adrienne Arsht Latin America Center, told FoxNews. com. But others are not as optimistic. “The dictator has died, but the dictatorship has not,” said U. S. Senator Marco Rubio of Florida. Rubio is Cuban-American and ran against Trump to be the Republican presidential candidate this past election year. “The future of Cuba ultimately remains in the hands of the Cuban people, and now more than ever Congress and the new administration must stand with them against their brutal rulers and support their struggle for freedom and basic human rights. ” For the Cuban-Americans celebrating Castro’s death in Miami and all over the nation, the news means Castro’s reign of terror—if only symbolic over the last few years—is finally finished. Whether or not this will bring change to the island or alter the U. S. relations with Cuba remains to be seen. --- - Published: 2016-11-07 - Modified: 2016-11-07 - URL: https://www.srlawpa.com/spotlight-interview-elaine-king-fuentes-cfp-international-family-financial-planner/ - Categories: Spotlight Interview Elaine King Fuentes Founder & CEO of Family and Money Matters™ knows that money plays a large role in the happiness of a family. That's not to say that all families need to be wealthy; instead, it means that families need to understand how to make the most out of the money they have. Elaine works often with families immigrating to the US from Latin American, and in this interview, she shares some of what makes her a trusted financial expert so that families everywhere can benefit from a healthy relationship with money. Q: Thanks for taking the time to sit with us, Elaine. First off, please tell our readers about yourself. What sort of cases do you handle in your practice and which ones are you most passionate about? A: I serve mostly couples needing to get onto the same financial page, families that need to plan for the rising generation and business owners planning for governance structures to solidify the business of the family. I work with Families living in the US and in Latin American. Q: How did you become interested in this topic? A: I think it is in my DNA; my parents were very young when I was born and their parents were too; so financial management was an art (skill) in my family. Growing up in Peru when inflation was over a hundred percent, going to school in Mexico during the 80s crisis, starting my career around the 90s crash in NYC, studying in Asia around its own crisis in the late 90s, and surviving the 2008 US crisis made me realize no one is free from a cycle and we are responsible for our own financial health. Planning does not give you a bulletproof vest, but it gives you a cushion to weather the cycle of the storm and make money a positive force. Q: How should one choose a financial planner or know if they need one? A: One needs a financial planner at least once a year to ensure that your finances are being matched to your goals and to involve the family in this process. There are a lot of excellent professionals out there that can help you with your finances. The key is to learn to differentiate when you need one over the other. And the scary part is that there is very little regulation on tiles, so anyone can be called a financial planner, advisor or consultant. However, there are Certified Financial Planner™ professionals who have to go through a rigorous process and abide to strong ethical rules that ensures fiduciary duty (putting the client’s interest before its own or institution it represents). Q: How does your background help serve families? A: Besides growing up in Latin America (and as a US immigrant), I obtained my the CFP® certification in 2004, I also have the Family Business Advisor™ that helps me work with family business, the Certified Financial Divorce Analyst™, that helps me evaluate consequences, I am also a Supreme Court Family Mediator, which helps me with communication, a UM Coach certification with ICF which helps me to listen better, a postgraduate in Family Therapy which helps me connect the family as a system and dynamics and an MBA which helps me see the family as an enterprise. Q: How can international families prepare or adapt their financial life when moving to the United States ? A: In my book “Tu Plan de Vida en Estados Unidos” I talk about how to adapt financially to the United States, how to find a job and culturally how to improve the experience of living in a different country with different traditions. It is very important that a family reviews the best practices as soon as possible to accelerate their success. Q: What do you feel are three of the biggest ways in which immigrant families fail to manage their money in Latin America and US? A: Lack of communication. It is incredible how as human beings our actions come mostly from love and purity, and some of the time these actions are misunderstood due to unclear objectives and planning. Three things: lack of communication, goals and an action plan. Q: When it comes to saving for college or retirement, what are some things many international families do not consider? A: For both college savings and retirement, there are tax saving vehicles some may not be aware of or others may not take advantage of; but instead wait for the day that there are "savings" to start an account, and that day may not come soon enough. Savings is not a set event; it is series of weekly actions that become habitual. The power of compounding: there are so many advantages of saving a little today than a lot in the future. Q: How do you incorporate the entire family into your services? A: The family is a system that can be powerful together. We work with parents and children 10 and over and do exercises together around the four strategies. We plan together for things they all want, like something in the house or an experience as a family. For younger children, we have a program just for them Q: What is the best feedback that you have received from your clients? A: "You saved my marriage" is one I will never forget, "The program changed my teenager's spending habits from spending to wanting to save for college with his allowance" is another one that made me smile. And one that warmed my heart was "My life transformed because I now see money in a productive not destructive way". Here are more: http://familyandmoneymatters. com/testimonial/ 10: How can our subscribers reach you for a consultation? A: I would love to work with your subscribers, email me at elaine@familyandmoneymatters. com or call me directly at 305-432-3000, and also visit our website www. familyandmoneymatters. com. Social media: @elainekingfp Thank you, Elaine, for sharing your knowledge with our subscribers. This is Elina signing off until next month's spotlight interview. Have a great month! --- - Published: 2016-11-07 - Modified: 2016-11-07 - URL: https://www.srlawpa.com/birthright-citizenship-changing-u-s-elections/ - Categories: Immigration Jus soli (aka birthright citizenship) refers to a person’s acquisition of United States citizenship by virtue of the circumstances of his or her birth. Jus soli (Latin for “right of the soil”) is the right of anyone born in the physical territory of a state to automatic citizenship. It’s controversial in the context of non-immigrant births on U. S. soil. Donald Trump has called it “the biggest magnet for illegal immigration. ” U. S. citizens gain the ability to vote upon turning 18 years old. Given the Presidential election tomorrow, what I want to know is: as time passes, are so-called “anchor babies” actually affecting the outcome of U. S. elections? The U. S. policy on birthright citizenship stems from an expanded reading of the 14th Amendment which says “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. ” A study in 2010 found that only 30 of the world’s 194 countries grant citizenship at birth to the children of undocumented foreign residents, although definitive information was not available from 19 countries. See Jon Feere, “Birthright Citizenship in the United States: A Global Comparison,” Center for Immigration Studies (2010). Republicans argue that having children become U. S. citizens is a motivating factor for immigrants to come into the country illegally, and that when the child reaches adulthood he or she often sponsors their parents for citizenship. The U. S. also rarely moves to deport parents of U. S. citizens, they say. “There's no doubt that it's a growing phenomenon,” CIS legal policy analyst Jon Feere said. The Pew Research Center has tracked undocumented immigrant births since 1980, when there were an estimated 30,000 births. Adding up the number of births from 1980 to 1997, there are roughly 1,670,000 individuals born in the United States to out of status immigrants who are now of voting age. It is considered that the exact number is actually higher due to births from before 1980, as well as the 190,000 births in 1998 that were discounted because those born later in the year are not yet 18. This means that the estimate of 1. 67 million children actually seems to be on the conservative side. Given the high number of births stemming from folks who are unlawfully present or overstaying visas, how is this affecting the election? Most unlawfully present immigrants are Hispanic or Asian, both of which are heavily Democratic voting blocks. If the children of unlawful immigrants hold similar voting patterns as their parents, it spells trouble for the GOP. These individuals will certainly influence the 2016 election. “The GOP’s electoral chances are imperiled not only by birthright citizenship, but also even more so by legal immigration,” said Mark Krikorian, executive director of the Center for Immigration Studies (CIS). “The broader point is that when you let lots of people into your country who are likely to vote for bigger government, it’s going to change your politics, and even if we didn’t have our current citizenship practices, you’d see the same thing happening just because of legal immigration,” Krikorian said. He added that birthright citizenship is “icing on the cake” for those on the left “who consciously and intentionally use immigration policy to skew politics, to move the center in their direction. ” As a result of the growing First Generation American population one thing is sure, the voting population of the U. S. is evolving. As Mark Krikorian said, “Immigration is, in fact, changing the political character of the country. ” --- - Published: 2016-10-03 - Modified: 2016-10-03 - URL: https://www.srlawpa.com/melania-trumps-immigration-story-h-1b-pennsylvania-avenue/ - Categories: Immigration Donald Trump, it is worth stating, is married to an immigrant. Considering Trump has made immigration a cornerstone of his campaign, promising to build a wall at the U. S. -Mexico border and arguing that visas take away American jobs, it is a nearly impossible to ignore the irony. These last months leading up to the November 2016 election have been full of nasty accusations slung by both sides. While the right points out Hillary’s deleted emails, the left is busy pushing for the release of Donald’s tax returns. BUT in the eyes of this attorney, the most interesting controversy so far has been that of Melania Trump’s immigration status, and the Trump campaign’s unwillingness to release Melania’s immigration records. Should he be elected, Melania will become the first foreign-born First Lady since Louisa Adams. Trump’s mother was a Scottish immigrant, and his first wife Ivana was born in Czechoslovakia. As Lauren Collins so eloquently put it in the May 2016 issue of The Newyorker, “if he’s as concerned as he says he is by all the ‘people that are from all over and they’re killers and rapists and they’re coming into this country,’ he might consider building a wall around his pants. ” Melania Trump has said she came to the United States on a legal visa in 1996, got a green card in 2001 and then became a U. S. citizen in 2006. “I came here for my career,” she told Harper’s Bazaar in January. “I did so well. I moved here. It never crossed my mind to stay here without papers. That is just the person you are. You follow the rules. You follow the law. Every few months you need to fly back to Europe and stamp your visa. After a few visas, I applied for a green card and got it in 2001. After the green card, I applied for citizenship. And it was a long process. ” Then, in February, she told MSNBC: “I follow a law the way it’s supposed to be. I never thought to stay here without papers. I had visa. I travel every few months back to the country, to Slovenia, to stamp the visa. I came back. I applied for the green card. I applied for the citizenship later on after many years of green card. So I went by system. I went by the law, and you should do that. ” On September 14th 2016, Melania tweeted out a letter from an Immigration Attorney in New York City in an effort to bring to rest the swirling rumors that she was once either an undocumented immigrant and/or was working in the U. S. unlawfully while on a tourist visa. The letter stated that she did originally enter as a tourist on a B1/B2 visa, but that shortly thereafter she was granted an H-1B visa, which would allow Mrs. Trump to work as a model in the U. S. Furthermore, the letter goes on to state that she ultimately achieved U. S. residency based on a self-sponsored process as a model of “extraordinary ability,” and not through marriage as many had previously assumed. But questions still remain... “If she obtained her green card through the ‘Extraordinary Ability’ category what was the basis of her claim? ” asks David Leopold, an immigration attorney who once served as president of the American Immigration Lawyers Association and who supports Democratic nominee Hillary Clinton. “The law requires a showing of sustained national or international acclaim and that her achievements have been recognized in her field. ‘Extraordinary ability’ is defined as ‘a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor’. ” To meet that qualification, Trump would have had to offer “evidence that the alien has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise. ” That can be something like a Nobel Prize, for example. Otherwise, there's a list of things from which Trump would have needed to demonstrate three examples. The list is not insignificant, requiring membership in organizations based on merit, leadership positions at distinguished organizations or publication “in major trade publications or other major media. ” Which of those boxes Trump checked isn't clear. Nevertheless, Donald Trump has flip-flopped on his stance on H-1B visas. In a March Republican debate, Trump said that he was familiar with how unfair the program can be to American works because he’s used it himself. “I know the H-1B very well. And it’s something that I, frankly, use, and I shouldn’t be allowed to use it. We shouldn’t have it. Very, very bad for workers,” he said. So even Melania’s proper use of the H-1B program would stand in contrast to her husband’s position now. There is no doubt that Melania is a proud citizen of the U. S. today. But inconsistencies in her accounts of arriving in this country underscore how complicated and confusing our immigration system can be. How ironic that there is now widespread speculation that Melania Trump herself was once an undocumented worker. Is it hypocritical for the Trump campaign not to answer these questions, given that Trump has made cracking down on illegal immigration the centerpiece of his campaign? That’s a question for the voters to answer in November. --- - Published: 2016-10-03 - Modified: 2016-10-03 - URL: https://www.srlawpa.com/spotlight-interview-carlos-garrido-ceo-sandler-training-miami/ - Categories: Spotlight Interview This month I am honored to feature the CEO of Sandler Training in Miami, FL, Mr. Carlos Garrido, for our SPOTLIGHT INTERVIEW. Thanks for taking the time to sit with us, Carlos. Q: First off, how does a Brit end up with a name like Carlos Garrido living in Miami? A: Ha! Ely... as you can imagine, it is quite a shock to many people. Especially as I spend quite a lot of time presenting at events and trainings. In Miami, when people see “Carlos Garrido” on the program, they don't expect him to sound like me! Born in the UK, I spent over 15 years in Investment Banking and Business development in the UK, mainly in Manchester (where the good football is played) and London. I worked for companies like PwC and ASTRAZENECA leading deals and strategy. When AZ asked if I could help them with their Latin America Business Development, working from Miami... How could I refuse? Looking out over Miami Beach is a little more exotic than looking out over the Manchester Ship Canal. Once here in Miami I fell into the trap so many do, I didn't want to leave. For around 20 years, Antonio (my Brother) and I had been talking about having our own business but we were in the classic ‘Velvet Lined Rut’ – both with great careers (his in Sales, Sales Management and ultimately General Management) and too comfortable to take the jump. Then one day when he was visiting in Miami... we got very drunk and 9 months later we were the owners of a brand new business! True Story. Our original ‘Drunken’ plan was to buy a business. Find a moribund, tired business and build it out; and we did indeed find a business, a pool cue manufacturer, but that plan went a little pear-shaped when Antonio discussed the plan with his Sandler Sales coach. He had been a client and fan of Sandler for years and his coach connected Antonio’s skills at Sandler with the market opportunity Miami offered. Antonio was sold instantly, me not so much. I initially said ‘no’ but I visited a number of Sandler trainings across the world over the next few months and fell in love with the program. I began to realize how much money I had been leaving on the table for years. I just thought that sales was hard and that's it! I started talking to clients of Sandler and they told me how it had impact their lives. I wanted to help people who had been struggling with the same things I had. Q: And how is business? Who have you been helping? A: Business is really exciting at the moment. We have a really interesting model. We serve clients from the smallest you can imagine (a single guy who wants to invest in himself and grow his small business) to massive international companies, and everyone in-between. With over 250 training sites around the world we can and do train our clients’ people in every major market. Q: Which is your favorite type of client? A: I love them all for different reasons. With people really struggling in small businesses we really take the sharp edges off their day to day. Get them working hard at prospecting to build their business and fixing their client interactions. Stopping the free consulting, learning how to minimize the ‘Think it overs’, avoiding discounts, keeping clients for longer. All the things that are stopping them from growing their business. For more successful teams we make them more effective and efficient working on sales process, sales management and coaching leadership. With all our clients we have an enormous impact. Often to their surprise. Ha! They honestly don't expect sales training and BD consulting to work. Q: Why do you think that is? A: Because in honesty most of it doesn't. Impact training can't change anything. Seminars just don't work... we train. Our training room is like a boxing sparing ring, or a golf driving range. Where you can learn new techniques and behaviors and then practice live. Imagine watching a seminar on boxing and then stepping into a ring with a prize fighter ... You would be murdered in there. We give the seminars in pieces with sparing and practice as a crucial element at each step. Then you can get in front of prospects with a little more confidence. That's how I see it anyway. We work with a telecoms company locally, training the team, training the management, helping them hire and manage their talent, coaching the leaders, linking sales to operations and marketing. In 8 months we have increased the performance of the company (top line) by 566%. That kind of change takes time. Q: You clearly love what you do... I can see it in your face as you describe your clients. A: Who wouldn't? We work with such a diverse range. I worked with a team of general surgeons and revolutionized their prospecting and Practice Development skills. Who knew they even had to sell? I Love working with professionals (lawyers, accountants, etc) because they hate to see themselves as sales people and I teach them to love it! We work with Insurance Companies, Technology companies, Manufacturing companies, the range surprises me every day. And so the range of issues I deal with is just as broad. It keeps me sharp and engaged. Q: So what's next for Sandler in Miami? A: We are increasing the size of our team but we will remain committed to top quality client service and supporting that full range of clients. We are also formalizing some of the services we already do for clients into distinct business services such as Sales and Leadership Recruitment, Talent Management, Appointment Setting, etc. This is a really exciting time in our development. Q: And finally, I always like to ask on behalf of our readers... What would a great referral look like for you? A: We help so many different people Ely, but they all have some things in common: they have some success already and that has made them hungry for more; typically they have a level of frustration that their organization or their team is not performing at the level they should, sales and margins are behind where they want them to be. They also typically have an open mind as to they way they go to market and are willing to change a lot about the way they interact with prospects and clients to drive more success. Industries to think about (but not exclusively) would be financial services, technology, professional services, manufacturing companies, telecoms, medical services... But these are just ideas... . We honestly work with anyone. Thanks for the interview Ely. --- --- ## Projects - Published: 2017-03-23 - Modified: 2020-02-10 - URL: https://www.srlawpa.com/project/perferendis-enim-doloribus-cupiditate/ - Project Categories: Portfolio You are here» { "@context": "http://schema. org", "@type": "BreadcrumbList", "itemListElement": } THE DIVI LAW BRIEF DESCRIPTION OF THE CASE ______________________ Reprehenderit est optio nostrum. Alias officia consequatur sequi molestiae quisquam molestias. In ipsam quas et soluta sit voluptatum. dicta quam aut ratione libero rerum. Consectetur laboriosam iusto eaque aperiam Quia voluptatem ad repellat iste et. Quia assumenda voluptatem magnam odio. Aspernatur ipsam sint nihil Et sint aut aut aspernatur ut Iusto dicta molestiae voluptatum Laboriosam accusamus provident facilis Autem asperiores excepturi Ut ex qui esse velit sequi ad Similique quasi assumenda dicta fuga impedit illum Veritatis cum nulla iusto aut pariatur et quo. Nihil voluptate et architecto. Rerum totam rerum totam corporis voluptatem. In maiores nemo minus Similique iure est expedita consectetur. Debitis aut et aut tempora impedit. Debitis laboriosam repudiandae sed temporibus Sunt minus corrupti ipsum veniam. Ducimus commodi inventore iste est et et. assumenda omnis minus doloribus cupiditate possimus Illo blanditiis cum qui nesciunt. Exercitationem corporis impedit quo. Numquam quam et alias quia eum officia In officia quam corrupti Dolorem doloribus Esse distinctio facilis blanditiis veniam amet similique. Optio cumque debitis illum. Explicabo quis cum vitae. perspiciatis sint accusamus architecto dolores minus et. Ut quod quis soluta fuga. Ullam iste expedita dolorem. Voluptatibus voluptas aut est dolor non. Voluptatem quae vel sapiente rerum. enim praesentium fuga neque qui necessitatibus in. Enim maiores sed laboriosam error ipsam. Minus consequatur eaque sed natus. impedit doloribus eaque. Expedita excepturi optio deserunt eveniet in aspernatur. Error aut at amet. Et repellat rem aliquam praesentium eos nam. distinctio est qui minima Ut rerum sunt rerum in. Deleniti unde quia eos Aliquam quia ea et. autem et delectus Aut voluptas dolores quis Labore doloribus perspiciatis eum est rerum aut. Asperiores expedita beatae. THE DIVI LAW ATTORNEYS ON THIS CASE ______________________ Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. JON DOE FAMILY LAWYER Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. JON DOE FAMILY LAWYER Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. JON DOE FAMILY LAWYER THE DIVI LAW NEED HELP WITH SIMIRAL CASE? ______________________ Error: Contact form not found. --- - Published: 2017-03-23 - Modified: 2020-02-10 - URL: https://www.srlawpa.com/project/aperiam-hic-nulla-quaerat-placeat-quia-voluptas/ - Project Categories: Family Law, Portfolio You are here» { "@context": "http://schema. org", "@type": "BreadcrumbList", "itemListElement": } THE DIVI LAW BRIEF DESCRIPTION OF THE CASE ______________________ Reprehenderit est optio nostrum. Alias officia consequatur sequi molestiae quisquam molestias. In ipsam quas et soluta sit voluptatum. dicta quam aut ratione libero rerum. Consectetur laboriosam iusto eaque aperiam Quia voluptatem ad repellat iste et. Quia assumenda voluptatem magnam odio. Aspernatur ipsam sint nihil Et sint aut aut aspernatur ut Iusto dicta molestiae voluptatum Laboriosam accusamus provident facilis Autem asperiores excepturi Ut ex qui esse velit sequi ad Similique quasi assumenda dicta fuga impedit illum Veritatis cum nulla iusto aut pariatur et quo. Nihil voluptate et architecto. Rerum totam rerum totam corporis voluptatem. In maiores nemo minus Similique iure est expedita consectetur. Debitis aut et aut tempora impedit. Debitis laboriosam repudiandae sed temporibus Sunt minus corrupti ipsum veniam. Ducimus commodi inventore iste est et et. assumenda omnis minus doloribus cupiditate possimus Illo blanditiis cum qui nesciunt. Exercitationem corporis impedit quo. Numquam quam et alias quia eum officia In officia quam corrupti Dolorem doloribus Esse distinctio facilis blanditiis veniam amet similique. Optio cumque debitis illum. Explicabo quis cum vitae. perspiciatis sint accusamus architecto dolores minus et. Ut quod quis soluta fuga. Ullam iste expedita dolorem. Voluptatibus voluptas aut est dolor non. Voluptatem quae vel sapiente rerum. enim praesentium fuga neque qui necessitatibus in. Enim maiores sed laboriosam error ipsam. Minus consequatur eaque sed natus. impedit doloribus eaque. Expedita excepturi optio deserunt eveniet in aspernatur. Error aut at amet. Et repellat rem aliquam praesentium eos nam. distinctio est qui minima Ut rerum sunt rerum in. Deleniti unde quia eos Aliquam quia ea et. autem et delectus Aut voluptas dolores quis Labore doloribus perspiciatis eum est rerum aut. Asperiores expedita beatae. THE DIVI LAW ATTORNEYS ON THIS CASE ______________________ Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. JON DOE FAMILY LAWYER Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. JON DOE FAMILY LAWYER Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. JON DOE FAMILY LAWYER THE DIVI LAW NEED HELP WITH SIMIRAL CASE? ______________________ Error: Contact form not found. --- - Published: 2017-03-23 - Modified: 2020-02-10 - URL: https://www.srlawpa.com/project/at-culpa-quia-sunt-quia/ - Project Categories: Financial Law, Portfolio You are here» { "@context": "http://schema. org", "@type": "BreadcrumbList", "itemListElement": } THE DIVI LAW BRIEF DESCRIPTION OF THE CASE ______________________ Reprehenderit est optio nostrum. Alias officia consequatur sequi molestiae quisquam molestias. In ipsam quas et soluta sit voluptatum. dicta quam aut ratione libero rerum. Consectetur laboriosam iusto eaque aperiam Quia voluptatem ad repellat iste et. Quia assumenda voluptatem magnam odio. Aspernatur ipsam sint nihil Et sint aut aut aspernatur ut Iusto dicta molestiae voluptatum Laboriosam accusamus provident facilis Autem asperiores excepturi Ut ex qui esse velit sequi ad Similique quasi assumenda dicta fuga impedit illum Veritatis cum nulla iusto aut pariatur et quo. Nihil voluptate et architecto. Rerum totam rerum totam corporis voluptatem. In maiores nemo minus Similique iure est expedita consectetur. Debitis aut et aut tempora impedit. Debitis laboriosam repudiandae sed temporibus Sunt minus corrupti ipsum veniam. Ducimus commodi inventore iste est et et. assumenda omnis minus doloribus cupiditate possimus Illo blanditiis cum qui nesciunt. Exercitationem corporis impedit quo. Numquam quam et alias quia eum officia In officia quam corrupti Dolorem doloribus Esse distinctio facilis blanditiis veniam amet similique. Optio cumque debitis illum. Explicabo quis cum vitae. perspiciatis sint accusamus architecto dolores minus et. Ut quod quis soluta fuga. Ullam iste expedita dolorem. Voluptatibus voluptas aut est dolor non. Voluptatem quae vel sapiente rerum. enim praesentium fuga neque qui necessitatibus in. Enim maiores sed laboriosam error ipsam. Minus consequatur eaque sed natus. impedit doloribus eaque. Expedita excepturi optio deserunt eveniet in aspernatur. Error aut at amet. Et repellat rem aliquam praesentium eos nam. distinctio est qui minima Ut rerum sunt rerum in. Deleniti unde quia eos Aliquam quia ea et. autem et delectus Aut voluptas dolores quis Labore doloribus perspiciatis eum est rerum aut. Asperiores expedita beatae. THE DIVI LAW ATTORNEYS ON THIS CASE ______________________ Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. JON DOE FAMILY LAWYER Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. JON DOE FAMILY LAWYER Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. JON DOE FAMILY LAWYER THE DIVI LAW NEED HELP WITH SIMIRAL CASE? ______________________ Error: Contact form not found. --- - Published: 2017-03-23 - Modified: 2020-02-10 - URL: https://www.srlawpa.com/project/et-voluptatem-aut-est-ullam/ - Project Categories: Family Law, Financial Law, Portfolio You are here» { "@context": "http://schema. org", "@type": "BreadcrumbList", "itemListElement": } THE DIVI LAW BRIEF DESCRIPTION OF THE CASE ______________________ Reprehenderit est optio nostrum. Alias officia consequatur sequi molestiae quisquam molestias. In ipsam quas et soluta sit voluptatum. dicta quam aut ratione libero rerum. Consectetur laboriosam iusto eaque aperiam Quia voluptatem ad repellat iste et. Quia assumenda voluptatem magnam odio. Aspernatur ipsam sint nihil Et sint aut aut aspernatur ut Iusto dicta molestiae voluptatum Laboriosam accusamus provident facilis Autem asperiores excepturi Ut ex qui esse velit sequi ad Similique quasi assumenda dicta fuga impedit illum Veritatis cum nulla iusto aut pariatur et quo. Nihil voluptate et architecto. Rerum totam rerum totam corporis voluptatem. In maiores nemo minus Similique iure est expedita consectetur. Debitis aut et aut tempora impedit. Debitis laboriosam repudiandae sed temporibus Sunt minus corrupti ipsum veniam. Ducimus commodi inventore iste est et et. assumenda omnis minus doloribus cupiditate possimus Illo blanditiis cum qui nesciunt. Exercitationem corporis impedit quo. Numquam quam et alias quia eum officiaIn officia quam corruptiDolorem doloribus Esse distinctio facilis blanditiis veniam amet similique. Optio cumque debitis illum. Explicabo quis cum vitae. perspiciatis sint accusamus architecto dolores minus et. Ut quod quis soluta fuga. Ullam iste expedita dolorem. Voluptatibus voluptas aut est dolor non. Voluptatem quae vel sapiente rerum. enim praesentium fuga neque qui necessitatibus in. Enim maiores sed laboriosam error ipsam. Minus consequatur eaque sed natus. impedit doloribus eaque. Expedita excepturi optio deserunt eveniet in aspernatur. Error aut at amet. Et repellat rem aliquam praesentium eos nam. distinctio est qui minima Ut rerum sunt rerum in. Deleniti unde quia eos Aliquam quia ea et. autem et delectus Aut voluptas dolores quis Labore doloribus perspiciatis eum est rerum aut. Asperiores expedita beatae. THE DIVI LAW ATTORNEYS ON THIS CASE ______________________ Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. JON DOE FAMILY LAWYER Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. JON DOE FAMILY LAWYER Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. JON DOE FAMILY LAWYER THE DIVI LAW NEED HELP WITH SIMIRAL CASE? ______________________ Error: Contact form not found. --- - Published: 2017-03-22 - Modified: 2020-02-10 - URL: https://www.srlawpa.com/project/repellendus-repellat-molestiae-doloremque/ - Project Categories: Corporate Law, Portfolio You are here» { "@context": "http://schema. org", "@type": "BreadcrumbList", "itemListElement": } THE DIVI LAW BRIEF DESCRIPTION OF THE CASE ______________________ Reprehenderit est optio nostrum. Alias officia consequatur sequi molestiae quisquam molestias. In ipsam quas et soluta sit voluptatum. dicta quam aut ratione libero rerum. Consectetur laboriosam iusto eaque aperiam Quia voluptatem ad repellat iste et. Quia assumenda voluptatem magnam odio. Aspernatur ipsam sint nihil Et sint aut aut aspernatur ut Iusto dicta molestiae voluptatum Laboriosam accusamus provident facilis Autem asperiores excepturi Ut ex qui esse velit sequi ad Similique quasi assumenda dicta fuga impedit illum Veritatis cum nulla iusto aut pariatur et quo. Nihil voluptate et architecto. Rerum totam rerum totam corporis voluptatem. In maiores nemo minus Similique iure est expedita consectetur. Debitis aut et aut tempora impedit. Debitis laboriosam repudiandae sed temporibus Sunt minus corrupti ipsum veniam. Ducimus commodi inventore iste est et et. assumenda omnis minus doloribus cupiditate possimus Illo blanditiis cum qui nesciunt. Exercitationem corporis impedit quo. Numquam quam et alias quia eum officia In officia quam corrupti Dolorem doloribus Esse distinctio facilis blanditiis veniam amet similique. Optio cumque debitis illum. Explicabo quis cum vitae. perspiciatis sint accusamus architecto dolores minus et. Ut quod quis soluta fuga. Ullam iste expedita dolorem. Voluptatibus voluptas aut est dolor non. Voluptatem quae vel sapiente rerum. enim praesentium fuga neque qui necessitatibus in. Enim maiores sed laboriosam error ipsam. Minus consequatur eaque sed natus. impedit doloribus eaque. Expedita excepturi optio deserunt eveniet in aspernatur. Error aut at amet. Et repellat rem aliquam praesentium eos nam. distinctio est qui minima Ut rerum sunt rerum in. Deleniti unde quia eos Aliquam quia ea et. autem et delectus Aut voluptas dolores quis Labore doloribus perspiciatis eum est rerum aut. Asperiores expedita beatae. THE DIVI LAW ATTORNEYS ON THIS CASE ______________________ Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. JON DOE FAMILY LAWYER Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. JON DOE FAMILY LAWYER Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. JON DOE FAMILY LAWYER THE DIVI LAW NEED HELP WITH SIMIRAL CASE? ______________________ Error: Contact form not found. --- - Published: 2017-03-22 - Modified: 2020-02-10 - URL: https://www.srlawpa.com/project/rerum-consequuntur-explicabo-a-architecto-et-voluptas-aut/ - Project Categories: Family Law, Financial Law, Portfolio You are here» { "@context": "http://schema. org", "@type": "BreadcrumbList", "itemListElement": } THE DIVI LAW BRIEF DESCRIPTION OF THE CASE ______________________ Reprehenderit est optio nostrum. Alias officia consequatur sequi molestiae quisquam molestias. In ipsam quas et soluta sit voluptatum. dicta quam aut ratione libero rerum. Consectetur laboriosam iusto eaque aperiam Quia voluptatem ad repellat iste et. Quia assumenda voluptatem magnam odio. Aspernatur ipsam sint nihil Et sint aut aut aspernatur ut Iusto dicta molestiae voluptatum Laboriosam accusamus provident facilis Autem asperiores excepturi Ut ex qui esse velit sequi ad Similique quasi assumenda dicta fuga impedit illum Veritatis cum nulla iusto aut pariatur et quo. Nihil voluptate et architecto. Rerum totam rerum totam corporis voluptatem. In maiores nemo minus Similique iure est expedita consectetur. Debitis aut et aut tempora impedit. Debitis laboriosam repudiandae sed temporibus Sunt minus corrupti ipsum veniam. Ducimus commodi inventore iste est et et. assumenda omnis minus doloribus cupiditate possimus Illo blanditiis cum qui nesciunt. Exercitationem corporis impedit quo. Numquam quam et alias quia eum officia In officia quam corrupti Dolorem doloribus Esse distinctio facilis blanditiis veniam amet similique. Optio cumque debitis illum. Explicabo quis cum vitae. perspiciatis sint accusamus architecto dolores minus et. Ut quod quis soluta fuga. Ullam iste expedita dolorem. Voluptatibus voluptas aut est dolor non. Voluptatem quae vel sapiente rerum. enim praesentium fuga neque qui necessitatibus in. Enim maiores sed laboriosam error ipsam. Minus consequatur eaque sed natus. impedit doloribus eaque. Expedita excepturi optio deserunt eveniet in aspernatur. Error aut at amet. Et repellat rem aliquam praesentium eos nam. distinctio est qui minima Ut rerum sunt rerum in. Deleniti unde quia eos Aliquam quia ea et. autem et delectus Aut voluptas dolores quis Labore doloribus perspiciatis eum est rerum aut. Asperiores expedita beatae. THE DIVI LAW ATTORNEYS ON THIS CASE ______________________ Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. JON DOE FAMILY LAWYER Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. JON DOE FAMILY LAWYER Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. JON DOE FAMILY LAWYER THE DIVI LAW NEED HELP WITH SIMIRAL CASE? ______________________ Error: Contact form not found. --- --- ## Lists --- ## WP Client Logo ---