A major Miami update, if you have not already heard, world renowned professional soccer player Lionel Messi announced recently via Instagram that he is joining the Intermiami Soccer Team. The Argentinian soccer player will be joining the team in late July after his current contract ends and his visa paperwork is finalized.

He has two options for a temporary visa. Messi could either petition for an O1 Visa or P-1A Visa. The O-1 Visa is for individuals with extraordinary abilities and is valid for an initial period of 3 years and may be extended indefinitely in one year increments. The P-1A Visa allows a foreign athlete to come to the U.S. to compete in a specific event and lasts through the duration of the event and cannot exceed 10 years. Read More

People make mistakes in their lifetime and often times those mistakes can catch up to you. A mistake from 20 years ago can hinder an immigrant trying to apply for a green card or citizenship. Fortunately, the criminal justice system gives individuals a chance to right their wrongs and move from past mistakes and pave the way for a better future.

A vacatur is a legal process in which a judgement against a Defendant has been entered in the past and is later on “vacated” or “modified” to a misdemeanor conviction or a lesser judgement. There are a couple underlying factors that may be considered by the State Attorneys office or the Court when determining if there is grounds for relief. Some of these factors are: unconstitutional or unlawful, out of jurisdiction, excessive sentence, involuntary plea, and ineffective assistance of counsel. Read More

The U.S. Department of Homeland Security announces a new family reunification parole process for Colombians, Salvadorans, Guatemalans, and Hondurans effective as of June 2023. The Program is meant for principal beneficiaries who have an approved I-130 and their qualifying immediate family members who are awaiting response from USCIS in their home country.

The rollout is fairly new and all we know so far is that DHS will send out an invitation to Petitioners who have an approved I-130. Once the Petitioner receives an invitation from DHS they can submit a form I-134 for each Beneficiary. Once DHS receives all the paperwork and the applicant meets all the criteria and requirements, DHS will issue an advanced travel document for the Beneficiary. Read More

The meaning behind Memorial Day.

For many Memorial weekend is just another long weekend and the unofficial summer kickoff. However, the history of Memorial Day stems from more than just barbecues and a beach day. Memorial Day is a date reserved to memorialize and honor U.S. soldiers that lost their lives serving our country. 

            Celebrated on the last Monday of May, Memorial Day is celebrated across the country with parades and ceremonies. Originally, this date of remembrance was not called Memorial Day but rather ‘Decoration Day’. Its original purpose came about after the American Civil war when people would decorate the graves of fallen soldiers with flowers.  Read More

Labor Certification Process for companies and immigrants.

An employer wishing to hire a foreign employee to work in a U.S. based company has to undergo a rigorous and complex application process. The U.S. government is keen on trying to amplify and push forward the American workforce, therefore making it extra tedious for employers to bring in foreign employees. However, it is definitely possible with a knowledgeable and experienced immigration attorney.  Read More

Must be Coming to the US to Invest or Manage a Business with an E2 Visa

The E2 Treaty Investor Visa is a nonimmigrant visa that allows individuals from certain countries to come to the United States to invest in and manage a business. To qualify for an E2 visa, the business must meet several criteria:

Applicant for an E2 Visa Must Meet Several Criteria

1. The business must be a bona fide enterprise: This means that the business must be a real, active, and operating commercial or entrepreneurial undertaking that produces goods or services for profit.
2. The investment must be substantial: The investment must be significant in relation to the total cost of either purchasing an existing business or creating a new one. The investment must be enough to ensure the success of the business.
3. The investment must be in a qualifying enterprise: The business must be engaged in a trade or commerce activity that is approved by the US government. This includes manufacturing, services, and technology-related industries, among others.
4. The investor must have control of the investment: The investor must own at least 50% of the business, or have operational control through a managerial position or other corporate device.
5. The investor must be a citizen of a treaty country: The investor must be a citizen of a country that has a treaty of commerce and navigation with the United States. A list of these countries can be found on the US Department of State website.

E2 Visas Are Not Available For All Types of Visas

It’s important to note that the E2 visa is not available to all types of businesses. For example, real estate investment and passive investments, such as stocks or bonds, do not qualify for an E2 visa. Additionally, the E2 visa is a nonimmigrant visa, meaning that it does not provide a direct path to permanent residency or citizenship in the United States. Read More

By: Valentina Quintero

Mental Competency to Stand Trial is Questionable in a Six Year Old

Only a few days into the new year when we had the first school shooting of 2023. This time the shooter was a 6 year old boy. Fortunately, the victim in this case, the shooter’s 25 year old 1st grade teacher survived the shooting and was able to safely escort the rest of the students out of the classroom. This case is so bizarre and confusing because of the age of the perpetrator of the crime. So many questions are still being unraveled in the investigation, such as how did he get the gun and who will be criminally charged for this incident, if anyone at all. Read More

On November 13, 2022 the country was shocked by the brutal and tragic murders of four University of Idaho students. This developing story has the country mourning and perplexed by the vicious actions that seem to just not make any sense. The main suspect in the case, Bryan Kohberger, is facing four counts of first degree murder and also one count of felony burglary. On December 30th, 2022 more than a month after the murders Bryan Kohberger was arrested in Albrightsville, Pennsylvania Read More

A step by step summary on getting an H1B Visa

If you are seeking an H1B visa, please note that the fiscal year 2024 H-1B cap will open at noon Eastern on March 1 and run through noon Eastern on March 17, 2023. The clock is ticking. What is the process for an H1B? Below, I describe the steps as simply as possible:
 

First Here Is What You Need To Get The H1B Visa

1. You need a job offer from a U.S. employer for a role that requires specialty knowledge.
2. You need proof of a bachelor’s degree or equivalent in that field
3. Your employer must show that there is a lack of qualified U.S. applicants for the role

Second Here Are The Steps You Need To Take To Get An H1B Visa.

1. Register with U.S. Citizenship and Immigration Services (USCIS) and be selected to apply.

The cap is at 65,000 visas per fiscal year. If you have a master’s degree from a U.S. institution, an extra 20,000 visas available for those who have a master’s degree or higher. If the employer who is sponsoring you is an institution of higher education, a nonprofit organization connected to an institute of higher education, or a government research organization, then the visa cap does not apply. Read More

By: Marcia Giordano Hansen
Recently, a client called me because their tenant had advised that he could no longer pay rent and asked to early terminate his lease agreement. My client was upset because the tenant had 6 months left on the lease agreement. Terminating the lease early would subject my client to many unnecessary and unexpected expenses such as cleaning the property, hiring an attorney to resolve the early termination, paying a broker to re-list the property and paying that broker’s commission and the list goes on and on. My client told me that this tenant had poor credit when he had applied initially but she felt bad and wanted to give him a chance. 
First tip here, when it comes to renting to tenants never “feel bad” and never ” give someone a chance” if your gut is telling you this might cause a future problem. Remember, if it talks like a duck, smells like a duck and walks like a duck, it’s probably a duck…. that cannot pay rent!
First and most importantly, always include an early termination clause in your lease agreement. This clause makes your tenant agree to pay 2 months rent if he or she decides to leave early, before the lease agreement matures. Read More