December 2022 - Casais & Prias Law

How The Growing Humanitarian Crisis Is Affecting Immigration From Central America

Posted on December 28, 2022November 20, 2024 by bwisotsky@gmail.com

Immigration from Central America is nothing new but it has reached a level never seen before as a record number of people seek to gain asylum in the United States.

In the fiscal year 2022, over 2 million non-Americans crossed the U.S./Mexico border into the United States seeking asylum. In Florida, one in five residents is an immigrant. What is causing mass immigration from Central America and South America into the United States? Our Casais & Prias immigration attorney breaks it down.

Causes For Immigration

Typically a person or family will leave their home country because conditions are unbearable and they see a brighter future in another country. Over the last two years, more and more people from Central and South America have been making the grueling journey to the United States for a number of reasons.

Natural Disasters

The Central and South American regions are historically prone to natural disasters. Hurricanes, floods, landslides, and drought accounted for 88% of disasters in this region between 2020 – 2022. Without the infrastructure to withstand these storms and rebuild, these disasters can be devastating to residents’ homes, livelihoods, and access to services.

Humanitarian Needs

This term encompasses a variety of issues including poverty, socioeconomic inequality, political turmoil, and violence. Add the COVID-19 pandemic to the already difficult situation, and we are seeing exacerbated needs that are forcing migration from countries with little to no economic and political aid to countries like the U.S. that will take in and support immigrants.

Needs By Country

Guatemala

The lingering effects of COVID-19 and the war in Ukraine are having a major impact on the people of Guatemala. Rising fuel, food, and fertilizer prices make it nearly impossible to maintain a standard of living. Violence has a disproportionate impact on women and girls, as female homicide numbers continue to rise. And the need for food assistance is at an all-time high with 4.6 million food-insecure people.

Weather also plays a role in humanitarian needs for this region. Over 6 million people were affected by the 2022 rainy season with 67 deaths and 14,000 people needing shelter. Over 25,000 homes, along with roads, bridges, schools, and healthcare centers were damaged.

Honduras

Flooding has affected twice as many people in 2022 as in 2021 which impacts food production. Growing inflation and food prices make it difficult for lower-income families to provide basic necessities.

Violence also hits this region hard as it is one of the most criminally violent countries in the world. Women, children, adolescents, LGBTQ+ individuals, and those with disabilities are particularly affected. Homicide of women in Honduras is the highest in Latin America and is nearly three times the global rate.

Venezuela

Technically in South America, Venezuela suffers many of the same issues as its Central American neighbors but with the added concern brought on by economic destabilization over the past few years.

Due to the mass immigration from this region, the U.S. and Mexico reached an agreement to allow Venezuelan immigrants to legally enter the U.S. and apply for a work authorization. The goal of this parole program is to allow up to 24,000 Venezuelans to enter the country in a safe and orderly manner via designated ports of entry. It should take some strain off of the southern U.S./Mexico border where large groups of immigrants are crossing daily.

Our Immigration Attorneys Can Help

If you have family members who need help with immigration from Central America, or any other country, our immigration attorneys can offer guidance on the best ways to get them into the U.S. legally. Contact us today to schedule a complimentary consultation.

The 10 Stages Of Contested Divorce In Hialeah And How Our Family Attorney Can Help

Posted on December 22, 2022November 20, 2024 by bwisotsky@gmail.com

If you are facing a contested divorce in Hialeah, you need to know how the process works. Here, our family attorney shares what you should know to navigate this complex legal system.

Read to the bottom to see Family Attorney and founding partner, Nadja A. Prias, explain how a Status Quo Order affects a divorce.

You may think that getting a divorce is simple but it can be quite complex if you and your former spouse cannot agree on terms including division of property, issues involving minor children, and other concerns. Getting the guidance of a family attorney like ours can help you navigate the potentially rough waters of a contested divorce.

What Is A Contested Divorce?

In Florida, a divorce is considered contested when the spouses disagree on dividing assets and debts accrued during the marriage. If minor children are involved, both parents must agree on issues such as time-sharing and parental responsibility.

In a contested divorce, both parties go to trial in front of a judge who will make the decisions regarding the issues in their case. It is best for your case if you hire an experienced divorce attorney to represent you in a contested divorce in Hialeah. Here is how we will go through the process together.

What Is The Process Of A Contested Divorce?

Stage 1 – Filing Divorce Papers – If you are the spouse seeking the divorce, you will file a Petition to the Dissolution of Marriage with the Clerk of Court. If you are the party filing the petition, you are known as the “petitioner.” The spouse being served divorce papers is known as the “recipient” and he or she has 20 days to file a response or an “Answer.” A counter-petition may be filed by the respondent at this time.

Stage 2 – Status Quo Order – Once your divorce case has been filed, there is an administrative order put into place called a Status Quo Order (also called a Standing Pre-Trial Order). This order instructs both parties to maintain the same lifestyle and habits as before the divorce was filed. If you were making certain payments, you need to continue to make those payments. If you were seeing the children on certain days of the week, continue that schedule. Nothing should change until you go to court or a legal agreement with both parties has been reached. Violating this order can result in sanctions including jail time and fines, and it will certainly hurt your case.

Stage 3 – Mandatory Disclosure – In Florida, both parties are required to exchange financial information including signing an affidavit outlining expenses, assets, and debts. The timeline for this phase of the divorce starts at filing and both parties have 45 days to comply.

Stage 4 – Discovery – In this phase, each party’s attorney collects information from the other party. This information can be gathered in the form of written questions, requests for documents, third-party subpoenas for documents, or depositions. Discovery can continue to take place all the way up to your trial date.

Stage 5 – Appraisals – Appraisals are necessary to assess the value of a shared home, other shared property, and in some cases, a business.

Stage 6 – Temporary Hearing – A judge may enter temporary orders on issues regarding parental responsibility, child support, alimony, attorney fees, and use of the marital home. A temporary hearing may take place if either party needs to present evidence to address issues in the temporary order.

Stage 7 – Mediation – Both parties must meet with a third-party mediator to discuss the terms of their divorce case. This is an effort to keep the case from proceeding to trial. If an agreement is made, a mediation agreement is signed, and the mediator files the agreement with the court. The judge enters a Final Judgment of Dissolution of Marriage, after which, the parties are officially divorced.

Stage 8 – Trial Preparation – If no agreement is reached during mediation, the case will proceed to trial. Preparing for a contested divorce in Hialeah is when hiring a divorce attorney pays off. During this phase, your attorney will conduct additional discovery, prepare evidence and witnesses, gather documents, and more. You will meet with your attorney frequently during this preparation.

Stage 9 – Trial – Your case will be heard by a judge and he will make final decisions regarding all issues of your divorce settlement. This is your single chance to present your case and explain why you believe you deserve what you are asking for.

Stage 10 – Appeal – If one or both of the parties want to appeal the judge’s decision, they can present to the Florida District Court of Appeal. Your attorney can help you decide if an appeal is worth it from a cost-benefit perspective. Appeals can be very expensive and lengthy.

Casais & Prias Can Help With Your Contested Divorce In Hialeah

When you find yourself facing a divorce, whether you think it will be amicable or contentious, it is best to hire an experienced family attorney right away. Contact us today to set up a free case evaluation.

What Is Your Co-Parenting Plan For Christmas Break? Advice From Our Coral Gables Family Attorney

Posted on December 13, 2022November 20, 2024 by bwisotsky@gmail.com

The holidays are upon us, and if you need help formulating a co-parenting plan, our Coral Gables family attorney has some tips.

Christmas break is a time of magic and making memories. For families dealing with timesharing, however, deciding who spends time with whom can be stressful. At Casais & Prias, our Coral Gables family attorney helps divorced parents create a plan that will keep everyone happy and celebrating through the new year. Here are our top tips for Christmas break co-parenting.

Revisit Your Co-Parenting Plan

Your parental responsibility agreement should have detailed your timesharing schedule, but it is a good idea to evaluate your schedule every few years to see if you need to make any changes. If you do need to adjust your co-parenting schedule, you should consult with a family attorney.

To create a plan for the longer school break at the end of December, you may need to compromise. If you always have your child on the weekends, and Christmas falls on Sunday, you will not necessarily get your child on Christmas. You and your co-parent need to have a conversation about the best way to split up the long holiday. If you cannot reach an agreement, a Coral Gables family attorney can help.

Consider Extended Family

If your former spouse has extended family coming into town to visit or your parents host a large family get-together, you and your co-parent should try to arrange for the child to see as many family members as possible. You should not make it difficult for the child to participate in all the family activities on both sides of the family.

Establishing bonds and traditions with grandparents, aunts, uncles, and cousins makes the holidays more enjoyable. Making memories is what it is all about, after all.

Consider Alternating Holidays

Christmas break is not the only long school break to take into consideration for co-parenting. Most kids get a few days to a week off of school around Thanksgiving too.

One way to arrange a timesharing schedule is to have the child stay with one parent over Thanksgiving and the other parent over Christmas break. If one holiday is more important to one parent and their extended family, this arrangement may work out. And you can revisit this schedule each year.

You could also arrange for the child to spend every Thanksgiving with one parent and every Christmas with the other parent, or alternate years and holidays in a way that works best for your child.

Keep A United Front

Creating a timesharing agreement can be difficult, but once the schedule has been made, each parent must stick to it and make transitions as smooth as possible. Stay positive and encouraging if the child expresses sadness or anxiety about going to the other parent’s home.

Travel can be tough on younger children, so making the trip an adventure can turn an anxious situation into a fun memory. It is all about the child, so you want to do everything you can to make the holiday enjoyable for them.

Know When To Call A Coral Gables Family Attorney

If you have trouble communicating with your co-parent and need an intermediary to act as your representative in negotiating a holiday timesharing schedule, call our family attorneys at Casais & Prias. Our team will work with your situation and will do everything we can to achieve the best possible outcome. Call us today to set up a free consultation. We look forward to helping you have a happy holiday!

New DHS Venezuelan Immigration To Florida Program Explained By Our Immigration Attorney

Posted on December 6, 2022November 20, 2024 by bwisotsky@gmail.com

There is a new path to lawful Venezuelan immigration to Florida under a recent agreement between the U.S. and Mexican governments. Our immigration attorneys explain how it works.

Immigration at the southern border of the United States has been surging for over a year. Many individuals looking to move to the U.S. are from the economically-ravaged country of Venezuela, with an increase of nearly four times the number as last year.

To help those who are fleeing economic hardships and the humanitarian crisis in their home country, and to ease the increase of immigrants at the border, the Biden Administration reached an agreement with the Mexican government.

The Department of Homeland Security will oversee this new parole program that allows qualifying Venezuelans to enter the U.S. legally and have the ability to apply for work authorization.

Lawful vs. Unlawful Entry

If you have relatives looking for lawful Venezuelan immigration to Florida or any other port of entry, they must follow these guidelines:

Have someone in the United States who can offer financial and other support
Pass rigorous national security and public safety screenings
Complete all vaccinations and any other public health requirements

Under this program, anyone from Venezuela who does not meet the requirements below will be returned to Mexico.

Have been ordered removed from the U.S. in the last five years
Crossed the border between ports of entry without authorization after this announcement
Irregular entry into Mexico or Panama after this announcement
Have permanent resident status or dual citizenship from a country other than Venezuela
Hold refugee status in any country
Have not completed vaccination and public health requirements

DHS Involvement

The Department of Homeland Security will oversee this program to ensure that requirements of legal entry are followed. DHS Secretary Alejandro Mayorkas had this to say about the program:

“These actions make clear that there is a lawful and orderly way for Venezuelans to enter the United States, and lawful entry is the only way. Those who attempt to cross the southern border of the United States illegally will be returned to Mexico and will be ineligible for this process in the future. Those who follow the lawful process will have the opportunity to travel safely to the United States and become eligible to work here.”

Program Goals And Challenges

The ultimate goal of this program is to allow up to 24,000 Venezuelans to enter the U.S. in a more safe and orderly manner through designated ports of entry. It should take some strain off of the southern border where large groups of immigrants are crossing daily.

One issue facing Venezuelan immigration to Florida is having a sponsor already living in the United States. Immigration from Venezuela is relatively new, therefore there are not as many established Venezuelan areas in the U.S. to support those immigrating now.

However, if you live in Doral, Weston, or another area with a larger Venezuelan population, you may have questions about this program. Our immigration attorneys at Casais & Prias can answer your questions and help your family members navigate this new parole program.

Another challenge is Mexico’s ability to handle the large influx of immigrants who are turned away from the U.S. and sent to Mexico. In the first week of this program, the U.S. deported almost 1,800 Venezuelans to Mexico.

Once in Mexico, the Venezuelan deportees will have limited employment opportunities and can risk being deported farther south where they may be vulnerable to extortion, human trafficking, and other risks, according to Manolo Préstamo, an immigration expert at the Mexican Council on International Affairs.

Casais & Prias Immigration Attorneys Can Help

If you have family looking for information on Venezuelan immigration to Florida, contact our team of immigration attorneys right away. We can help answer your questions so that you can assist your family in gaining lawful entry into the United States.