Recent Updates
October 15, 2009
Consent to search inside of vehicle does not extend to locked containers
October 14, 2009
Making phone calls to get drugs for personal use not a felony
October 07, 2009
Duval County schools agree to reduce number of students getting arrested
October 07, 2009
High standard needed to get Orchestrator enhancement
October 01, 2009
Light Most Favorable to the State is not the Law
Immigration
This section of our blog informs you of current Immigration issues that are being addressed. Immigration is an ever-changing area of law that affects someone you know. Immigration law is enforced by the federal government and applies to individuals in the U.S. and U.S. territories. We seek to provide information that current and potential clients find useful.
U.S. LIMITS VISAS IN HONDURAS
September 14, 2009
On June 28, 2009, the President of Honduras, Manuel Zelaya, was removed from office by the military, with the support of the Supreme Court of Honduras, for allegedly subverting the Honduran Constitution. Following the coup, a de facto government was installed. This new government, led by Roberto Micheletti, has resisted pressure from other governments and international bodies to reinstate President Zelaya and vows to hold elections in November, even if no other country recognizes the elected leader.
Bar Exam Woes for International Students
August 17, 2009
Twice a year, law students across the nation begin preparations for the bar exam. For many, it is the most important test they will ever take, and there is immense pressure to pass it the first time around. Failing the exam could result in the retraction of job offers and financial concerns, including increased exam and prep course fees and living expenses.
Before International students can even begin to tackle these concerns, they must first find a way to stay in the country to take the exam. . .
Cry Wolf and Stay in the US: Does the INA Encourage Spouses to Falsely Accuse the Other Spouse of Domestic Violence?
August 07, 2009
Federal immigration laws have very specific requirements and limitations for those seeking to enter and remain in the United States. For some, the strict regulations are difficult to satisfy and result in their exclusion or removal from this country. However, there is a unique set of provisions in the Code that makes special exceptions and waivers for victims of domestic violence. For example, a battered spouse may petition the Attorney General for legal residency in the United States. Additionally, the regulations for removal of conditions for visas based on marriage to a US citizen are relaxed if the battered spouse is divorced from an abusive spouse after filing the petition. There is even a special category of visas, called U visas, that grant victims of domestic violence temporary legal status and work eligibility in the United States for up to four years.
For most of these exceptions, it is not enough for a spouse to simply allege domestic violence. It is usually required that the applicant file a formal complaint and/or present evidence to support their allegations. However, for someone facing removal, these provisions can be incentives to fabricate claims of domestic violence as a last effort to remain in this country.
Conversely, domestic violence reaches all segments of society and many who come to America find themselves in an abusive relationship. The fact that their immigration status depends on their relationship with their abuser makes the situation even more difficult. Many are afraid to seek help for fear that they will be returned to their home country.
Ultimately, these provisions are necessary to protect those who are unfortunate enough to find themselves in this type of relationship. However, we cannot be blind to the fact that, like all other claims of domestic violence, there is the potential for fabrication. These false claims hurt those against whom they are alleged and also the real victims of domestic violence.
If you are the victim of domestic violence and are facing immigration proceedings, please contact one of our experienced immigration attorneys. We can be your advocate in this difficult process.
If you have been falsely accused of domestic violence in an immigration matter or otherwise, call us today. We have experience in defeating false claims and will help you protect your good name and reputation.
Adjustment of Status for Battered Spouse
Special Immigration Provisions for Battered Spouses
Removal Proceedings
July 16, 2009
Removal, formerly known as deportation, occurs when the federal government orders a non-citizen to be removed from the United States. This typically occurs when the alien has committed a crime or violated immigration laws. An alien can be removed regardless of whether they have a green card or entered the country legally. In fact, all non-citizens may be subject to removal.
Removal is a legal proceeding in a federal administrative court. It can be a very long and difficult process, and it carries very serious consequences. For example, an alien that is removed is barred from returning to the United States. This bar can be temporary, such as a five-year ban, or it can be a lifetime prohibition. In Florida, removal proceedings are held in Miami, regardless of where the individual was detained or resides. This can make the process even more difficult, as the alien facing removal is required to travel to the hearing, or if detained, is separated from family.
If you are facing removal, consider hiring an experienced immigration attorney. Many important rights are involved in these proceedings, and it is critical that those rights be protected. An attorney will know what rights are at stake and will serve as your advocate throughout the entire process. They can make it go more smoothly, and in some cases, much faster. Also, the attorney is required to represent your best interests, which can vary from case to case. For example, some individuals want to be deported because they would face time in prison otherwise. Others want to be reunited with their family in their home country as soon as possible. Many wish to challenge the removal and remain in the United States. Whatever the goal, an immigration lawyer will work on your behalf toward achieving it.
Past Criminal History may not keep persons from becoming a Citizen
November 15, 2008
It is always wise to put time and effort into researching your specific immigration issue. In November 2008, the 9th Court of Appeals overturned a prior ruling and determined that individuals who enter the United States illegally may still be eligible to adjust their status and apply for permanent residency, in certain situations. For example, Mr. Orozco entered the United States in 1996 with someone else's Green Card, therefore, he was inspected and admitted or paroled into the United States. Mr. Orozco later married a United States citizen but was still faced with deportation proceedings because of his fraudulent entry. Initially, Mr. Orozco's petition was denied, but the Court later reversed the denial because Mr. Orozco had been inspected and admitted, as required under the Immigration and Nationality Act, in spite of having used fraudulent documents. This and many other helpful immigration information can be accessed at no cost to you at http://www.usimmigration.com/ and you can access the free on-line newsletter.
Immigration Separating Children from Parents
October 24, 2008
Most will argue that there is nothing sadder than to see a child separated from his or her parent. This is the case for many immigrant families. There are many children born in the United States to undocumented parents. Once U.S. Immigration Officials take the parents into custody and begin deportation proceedings, their American children are left in limbo. Do the children return home with the undocumented parent, to a world they don't know, or do they somehow find a home in the U.S., and remain in a world they understand? This was the scenario that played out for Julie Quiroz as told by CNN on http://www.cnn.com/2008/LIVING/wayoflife/09/10/citizen.children/index.html.
Julie was fortunate enough to have someone hear her plight and take her in so she could continue her education and live in the country she was born in. Many are under the misconception that if their child is an American citizen, that Immigration officials will not separate the family. This is not the case as illustrated by Julie's story. There are numerous organizations working together to try to reach a solution as to what to do with American children of illegal immigrants, but this is still in the works. Immigration enforcement attests that they are just following the laws set out and that the immigrants are aware of the consequences, including deportation.
Jacksonville Sheriff's Office to Aggressively Seek out Illegal Immigrants
October 24, 2008
IMMIGRATION LAW
In Florida, there exists an immigrant population that is widely unknown to the state and federal government. They are illegal immigrants, men, women and children that enter the state in many different ways and come from places such as Mexico, and Central and South America. These immigrants have come searching for a better way of life and in search for jobs in order to send money back home to their families. These immigrants stay under the radar for most of the time, until something happens that makes them known to law enforcement authorities. A normal scenario would be an illegal immigrant being pulled over by a police officer for speeding or for a different traffic infraction. The illegal immigrant is unable to provide a valid Florida driver's license, so most often than not, that immigrant will receive a criminal traffic citation and have to appear in criminal court regarding the ticket for not having a valid license.
In some instances, the police officer will arrest the illegal immigrant since it is a misdemeanor offense. The illegal immigrant will be sentenced by the court, and will usually continue the same lifestyle he or she had before the arrest. All this may soon change in Jacksonville, Florida. The Immigration and Customs Enforcement (ICE), will be working with JSO to train ten corrections officers assigned to the Duval County Jail to "legally identify criminal and illegal aliens that they may encounter, and to initiate removal proceedings for those found to be in the country illegally." Once the officers are trained and back in the jail, illegal immigrants face an even greater chance that deportation proceedings will be commenced. Other sheriff's offices in Florida are also implementing the same program.
A press release on this can be found at http://www.ice.gov/pi/nr/0809/080919miami.htm.
Green Card Lottery
October 22, 2008
The DV-2010 (diversity visa) green card lottery began October 2nd and ends at noon EST on December 1, 2008. There are only 50,000 immigration visas available, and the government reports that millions apply every year.
Below are instructions on how you prepare your application at the U.S. Government's website:
http://www.dvlottery.state.gov/
Our firm assists persons in the preparation of all types of immigration documents. Please consider using our expertise to make sure you properly fill out your immigration paperwork.
Immigration Law Overview
October 22, 2008
We discuss some of the numerous areas of law in our website. Recently, Cornell Law School published an excellent overview of the history and modern evulotion of immigration law. This would be a bit lengthy to discuss in our website, but please feel free to check out the link to Cornell's website at http://topics.law.cornell.edu/wex/immigration
