December 2020 - Casais & Prias Law

What to Expect at a Same Sex Marriage Immigration Interview

Posted on December 23, 2020November 20, 2024 by bwisotsky@gmail.com

When a U.S. Citizen files an immigration petition on behalf of their non-citizen same-sex spouse, the couple will need to attend an interview before a USCIS officer.

It is important that you adequately prepare and get yourself organized for the interview. At the interview, the officer will review the applications filed as well as all the documentation submitted in support of the applications and the officer will ask questions about the applications and the couple’s relationship.

Interview Part 1

In the initial phase of the interview, the USCIS (United States Citizenship and Immigration Services) officer will carefully review the applications submitted and seek clarification, updates, or changes related to the information provided. This usually involves inquiries regarding the couple’s personal details, such as names, dates of birth, employment and address history, marriage history, criminal background, and other admissibility-related questions.

Additionally, the officer will request original birth certificates, original marriage certificates, and any original supporting documents that were initially submitted with the application.

Interview Part 2

During the second part of the interview, the USCIS officer will ask the couple questions regarding the couple’s relationship. Usually, this starts with the question, “How did you meet?” Follow up questions pertain to when the couple began living together, who else lives in the home with the couple, who proposed to whom and when, if either spouse has met the others spouses family, etc. Sometimes officers may inquire from one spouse if they are aware if the other spouse has any medical conditions, has ever had any major medical procedure, and/or if the other spouse has any markings on their body such as birth marks, scars, or tattoos.

It is very important that you are prepared to be asked these types of questions and are prepared to answer them. There is no right or wrong answer to any of these questions. The only appropriate answers are the truth.

How We Can Help

As part of the services Casais & Prias provides to our clients, prior to the interview we will prepare you for the questions that will be asked, what documents need to be organized and ready to turn over to the officer, and our immigration attorney will attend the USCIS interview with you. You will have your attorney present throughout the entire process. Contact our team of immigration attorneys today to discuss your claim and how can can serve you.

What is Tax Fraud in Miami?

Posted on December 23, 2020November 20, 2024 by bwisotsky@gmail.com

Tax fraud is a serious charge and if you are being investigated, you need a professional tax fraud in Miami attorney.

Keep reading to see tax lawyer, Rolando Casais Jr., explain what tax fraud is and how you can avoid it.

What Is Tax Fraud in Miami?

Tax fraud occurs when a business or individual willfully and intentionally provides false information on their tax return in order to reduce their federal tax obligations. In other words, tax fraud is cheating and/or lying on your tax return in order to eliminate or substantially reduce the amount of tax you are required to pay.

This is usually done in one of two ways:

By understating your income, or
Overstating your expenses

Both of these instances will result in an incorrect calculation of taxable income and therefore an incorrect calculation of tax due.

For example, if a business owner were to purposefully state on their tax return that their insurance expense, rent expense, costs of goods, materials expense, supplies expense, wage expense, etc., is more than what they actually paid, this would result in a decreased taxable income and decreased tax due. This business owner would have committed tax fraud.

What is the Penalty for Tax Fraud in Miami?

Tax fraud carries a hefty 75% penalty, may be criminal in nature, and may carry a 5-year federal prison sentence for each count. You may even be facing thousands of dollars in fines. These penalties are severe and are best left in the hands of an experienced firm.

Casais & Prias has worked on tax-related cases for over ten years and knows what it takes to effectively manage accusations of tax fraud in Miami.

Rolando Casais Jr. is one of the leading attorneys at our firm. He focuses in tax law and even has experience working as an agent for IRS. This knowledge shines through on the cases he works on and will help you to get a better grasp of how to handle your tax fraud case.

It is important to note that a mistake on your tax return is not tax fraud. For example, if a bookkeeper were to accidentally transpose numbers while entering them in the books, which results in a reduced calculation of taxable income and tax, this would be a mistake and is not tax fraud. However, a mistake is subject to a 20% accuracy-related penalty.

Contact Casias & Prias, PLLC.

If you are being audited by the IRS, or if you are being investigated by the U.S. Department of Justice on suspicions of tax fraud, or if you have been indicted on allegations of tax fraud, be sure to contact the Law Office of Casais and Prias. We can help you develop a legal defense and reduce your exposure and liability for tax fraud in Miami.

Have I Accrued Unlawful Presence in the United States?

Posted on December 23, 2020November 20, 2024 by bwisotsky@gmail.com

How Do I Know I Have Accrued Unlawful Presence?

Read on to hear Immigration Attorney Rolando Casais, Jr. explain what to do if you have accrued Unlawful Presence.

There are two ways you could have accrued unlawful presence in the United States and Casais & Prias, PLLC. is here to explain what you need to know.

The first is if you are in the United States without having been inspected or admitted into the country by an immigration officer. In other words, you are unlawfully present if you entered the United States by crossing the border at a place other than a designated port of entry and/or without having been inspected by an immigration officer. If you crossed the border without inspection, you began to accrue unlawful presence in the United States on the day you entered the country.

The second way to accrue unlawful presence is if you remain in the United States past the period of time granted to you when you entered the country. Specifically, you are unlawfully present in the United States if you came into the country with a visa, were admitted and inspected by an immigration officer, but you did not leave by the date you were supposed to leave by. If you stayed in the United States past the specific date you were required to leave by, you typically start to accrue unlawful presence in the United States the day after you were supposed to leave.

In either of these circumstances, it is incredibly important that you seek the legal aid of an experienced attorney to assist you through your next steps. At Casais & Prias, our attorneys have over ten years of experience working on immigration cases and are equipped with the knowledge and skills needed to effectively approach your situation.

What are the Penalties of an Unlawful Presence in the United States?

If you depart the United States after having accrued more than 180 days but less than one year of unlawful presence, you may be barred from entering the United States for a period of three years. If you depart the United States after having accrued more than one year of unlawful presence, you may be barred from entering the United States for a period of ten years. If the three or ten-year unlawful presence bar applies to you, you usually cannot get a U.S. visa, enter the U.S., or obtain any immigration benefits (such as permanent residency).

However there are legal exceptions to the three and ten-year bar, such as for immediate relatives, VAWA self-petitioners, and certain special immigrants, to name a few.

How Can Casais & Prias Help If I Have Accrued Unlawful Presence?

If you believe that you have accrued unlawful presence in the United States and are subject to the three or ten-year bar, it is very important that you contact an experienced immigration attorney. Contact the Law Office of Casais and Prias today.

Am I Eligible for Naturalization?

Posted on December 23, 2020November 20, 2024 by bwisotsky@gmail.com

There are many requirements you must meet, so you may be asking, “Am I eligible for naturalization?” We’re here to explain.

Scroll down to hear Attorney Rolando Casais, Jr. explain the process of becoming a U.S. Citizen.

The terms citizenship and naturalization may seem interchangeable but they are slightly different. Citizenship is given at birth or acquired through naturalization. To gain citizenship, you must be eligible for naturalization by meeting the requirements established by Congress in the Immigration and Nationality Act (INA).

How To Become A U.S. Citizen Through Naturalization

If you were born outside the United States, naturalization is the legal process of becoming a US citizen. There are many requirements you must meet, so you may be asking, “am I eligible for naturalization?”

What Are The Requirements For Naturalization?

To begin, you must be at least 18 years old at the time you apply, you must be a lawful permanent resident of the United States for at least five years (typically), and you must continuously live and be physically present in the United States.

You must be able to show that you are a person of good moral character. Good moral character is character that measures up to the standards of the average citizen in the community. Good moral character is determined on a case-by-case basis, however, there are various types of conduct that will automatically prevent you from showing good moral character. You cannot show good moral character if you have been convicted of an aggravated felony, if your income comes from illegal gambling, if you are a habitual drunk, or if you have lied to an immigration officer, to name a few.

As part of the naturalization process, you will be required to attend an interview where it will be necessary for you to show the ability to read, write, and speak in English. The naturalization interview is an in-depth interview where the immigration officer inquires into your personal background including your marriage history, your children and parents, trips taken outside the United States, criminal history, your association with groups, clubs, and organizations, and much more.

You must also show knowledge and understanding of U.S. history and the U.S. form of government, display loyalty to the principles of the U.S. Constitution, and you must be willing to take the Oath of Allegiance.

Stop Searching “Am I Eligible for Naturalization” and Contact Us Today

If you would like to apply for naturalization, please contact the Law Office of Casais and Prias. Our attorneys will represent you in preparing and submitting your application for naturalization, we will prepare you for the naturalization interview, and an attorney will accompany you to the naturalization interview.