Author: bwisotsky@gmail.com

How To Create A Co-Parenting Holiday Schedule In Coral Gables

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Holidays should be a time of joy for children without the worry of parents bickering over time-sharing. Let us guide you through the process of crafting a successful, stress-free co-parenting holiday schedule in Coral Gables.

As a child, you likely looked forward to a holiday as a time to spend with your family and get a break from school. But for families dealing with separation or divorce, the holidays can be tougher to navigate. Our family attorneys at Casais & Prias have seen it all and we are here to help you create a co-parenting holiday schedule in Coral Gables that works for both parents and children alike.

Work Together

The best way to make a co-parenting holiday schedule work is to work together. We realize that divorces are not always amicable but if you can be civil with your former spouse, the easier it will be to work out a schedule.

Use A Mediator If Necessary

If you and your former spouse are unable to work together to draft a co-parenting holiday schedule in Coral Gables, consider bringing in a mediator. We can help you locate a professional who can act as a go-between for you and your former spouse.

Define Your Holidays

Not every holiday holds the same level of significance for everyone, so it is best to decide which holidays are most important to which parents. A great example is Mother’s Day and Father’s Day. It makes the most sense to let the child spend Mother’s Day with mom and Father’s Day with dad.

Another example would be if the father has a big family Thanksgiving gathering every year, it might be more important for the child to spend that holiday with him.

Here is a list of holidays to take into consideration:

  • New Year’s Day
  • Martin Luther King Day
  • Lincoln’s Birthday
  • Presidents’ Day
  • Passover
  • Easter
  • Spring Break
  • Ramadan
  • Mother’s Day
  • Memorial Day
  • Summer Break
  • Father’s Day
  • Independence Day
  • Labor Day
  • Columbus Day
  • Diwali
  • Halloween
  • Veterans’ Day
  • Thanksgiving
  • Winter Break
  • Hanukkah
  • Christmas Eve
  • Christmas Day
  • Kwanzaa
  • New Year’s Eve

Also consider other family-centered occasions like birthdays, anniversaries, and others. Some of these holidays are three-day weekends; others are extended periods away from school. You have many options in Florida for your co-parenting holiday schedule in Coral Gables, which we will review below.

50/50 Rule

Florida courts want parents to spend equal time with the child on holiday breaks. Ideally, the child would split all of their time 50/50, but we know that is not always possible with school and work schedules.

Alternate Holidays

If you and your former spouse decide to alternate holidays, your child will spend a holiday with you one year and with their other parent the next year. For example, this year, your child will spend Thanksgiving with you and Christmas with your former spouse. Next year, your child will spend Christmas with you and Thanksgiving with your former spouse.

co-parenting holiday schedule in Coral Gables

Split The Holiday

If a holiday is long enough, like Winter Break, for example, you can choose to split up the time your child spends with each parent. This gets more difficult if the break is short because it is not ideal to spend the majority of the holiday having your child travel between parents.

Have Two Holidays

This option works best for the more important holidays like birthdays or religious holidays. When each parent gets the opportunity to celebrate a holiday with their child, it can give the family time to make lasting memories without having to sacrifice that time every other year.

Assign Holidays To One Parent Or The Other

When a holiday is more significant to one parent, it makes sense to let the child spend that holiday with that parent. The best example of this type of arrangement is for Mother’s Day and Father’s Day. But if Thanksgiving is always more important to one parent than Christmas (and vice versa), you can arrange for the child to spend every Thanksgiving with one parent and every Christmas with the other.

Florida law allows for a great deal of flexibility when it comes to your co-parenting holiday schedule in Coral Gables. When you can work with your former spouse and split up your time as equally as possible, it will be best for your child. And when you need help, we are here. Contact our family attorneys with any questions.

How The Inflation Reduction Act In Florida Will Affect You

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The Biden Administration has recently signed into law a major piece of legislation. You may be asking yourself what impact will be seen by the Inflation Reduction Act in Florida. We have the answers.

Our tax attorneys at Casais & Prias have been fielding calls and emails concerning the Inflation Reduction Act and how it might affect Florida residents. Of the most concern is the potential hiring of new IRS agents and how that could impact future tax returns.

The good news for most Floridians is that your taxes will not be affected by this legislation. Here, we break down the highlights of this bill and what you can expect from the Inflation Reduction Act in Florida.

Corporate Tax Increase

With this bill comes the creation of a 15% corporate minimum tax rate. This affects corporations with at least $1 billion in income. Individuals and households will not see this tax increase.

Reform On Prescription Drug Prices

If you have a Medicare plan, you could see the price of your prescriptions go down. This reduction is due to Medicare being able to negotiate the prices of certain medications. Your out-of-pocket cap will be $2,000 as a Medicare recipient. These changes begin to take place in 2025.

IRS Reform

Here is where the big budget increase for the Internal Revenue Service comes in. For years, the IRS has been sounding the alarm that it is woefully underfunded which makes it difficult for it to do its job.

The Inflation Reduction Act will distribute $80 billion to the IRS over the next ten years. This funding will likely go towards enabling the IRS to better enforce tax laws and is expected to bring in an estimated $203 billion in tax revenue.

inflation reduction act in Florida

ACA Subsidy Extension

The Affordable Care Act signed into law under President Obama in 2010 subsidizes medical insurance premiums for those who meet the income requirements. These subsidies were scheduled to expire at the end of 2022. You will see that with the Inflation Reduction Act in Florida, these subsidies will continue through 2025.

If these subsidies were allowed to expire, an estimated three million Americans could have lost their medical insurance according to the U.S. Department of Health and Human Services.

Energy And Climate Change Initiatives

With the numerous investments in climate protection, the Inflation Reduction Act in Florida will offer tax credits for households that make choices to reduce their energy consumption. Tax credits will also be available to corporations that reduce their carbon emissions.

Inflation Reduction Act In Florida And Your Taxes

If you are a business owner and you earn less than $400,000 a year, your taxes will not be affected. Individuals who fall under this threshold will also not be affected. This legislation is aimed at larger corporations and individuals making over $400,000 so for the average Floridian, you will not see a change in your tax rate.

Inflation Reduction Act And Inflation

Will the Inflation Reduction Act in Florida lower inflation? According to the Congressional Budget Office, this bill will only make a dent in inflation in the short term and could even make it go up.

If you are concerned about inflation affecting your taxes, the IRS can adjust certain tax provisions so that the value of some federal tax credits and deductions are higher. This negates inflation somewhat when it comes to the amount of taxes you will owe.

Still Have Questions? Casais & Prias Can Help

We know that any new legislation can be confusing. You want to know how the Inflation Reduction Act in Florida will affect you and your family. We are here to answer any questions you have. Contact us today.

Before You Evict, You Should Know How Tenant Law in Miami Works

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If you are a landlord and you need to evict a tenant, it is important that you familiarize yourself with tenant law in Miami first. Our eviction attorneys offer advice on how to handle this situation.

Different states handle the landlord-tenant relationship differently, so it is important that if you are a landlord in Miami, you understand tenant law in Miami. The eviction process is not complicated but it does need to be followed to the letter if you want to get a tenant off of your property. Here, our eviction attorneys at Casais & Prias offer some highlights of how the eviction process works in Florida.

What Are Some Reasons For Eviction?

Before providing your tenant with a written notice, consider why you want to evict them. You must have cause to evict under Florida’s guidelines. A landlord has cause to evict a tenant for:

Non-Payment

If your tenant does not pay rent on time, the landlord can give the tenant a three-day notice that they need to pay or vacate the property. If neither action is taken in that time, the landlord can file an eviction suit.

End-Of-Lease

A landlord can evict a tenant after a lease has expired by offering a 60-day notice for a month-to-month tenancy in Miami.

Violation Of Lease Terms

When a tenant violates any of the terms of the lease agreement, it is considered grounds for eviction. Some violations, however, allow for corrective action to be taken in order to avoid eviction. Landlords must provide a seven-day notice to allow the tenant time to correct the violation or be subject to eviction.

What Are Curable Violations?

As mentioned above, some violations come with the opportunity to correct the offense and avoid eviction. These violations include, but are not limited to:

  • Having an unauthorized pet
  • Having an unauthorized vehicle
  • Parking in an unauthorized area
  • Not maintaining a standard level of cleanliness

Tenants have seven days from the date of the notice to rectify the violation. If no corrective action is taken within the seven-day period, the landlord can proceed with the eviction process.

What Are Incurable Violations?

Some violations are more serious and result in no opportunity to correct the offending behavior. These include, but are not limited to:

  • Damage to the property
  • Abuse of the property
  • Illegal activity

What Is The Eviction Process?

Once a landlord has established that they have cause for eviction, the first step is to become familiar with the legal process to evict. Tenant law in Miami is designed to protect tenants from unlawful eviction. But the law also protects landlords which is why knowing your rights will make the process much simpler. If you have any questions along the way, our eviction attorneys can answer them.

Written Notice To The Tenant

This notice may be delivered by the landlord to the tenant in person, via mail, or posted in plain sight on the residence. The length of this notice depends on the rental contract.

  • Year to year: 60 days
  • Quarter to quarter: 30 days
  • Month to month: 15 days
  • Week to week: 7 days

File An Eviction Complaint

If the tenant does nothing to rectify the reason for eviction, the landlord can file an eviction complaint or lawsuit with the appropriate county. Florida makes it simple to file a complaint using its e-filing portal.

Tenant Is Served Summons And Complaint

Once a complaint has been filed with the county court, the Sheriff’s office will serve the tenant with a court summons and a notarized copy of the complaint. The tenant then has five days to contest the complaint in writing.

Eviction Hearing With Judge’s Ruling

The next step in the eviction process is a court hearing. Both the tenant and landlord must appear and bring any documentation they feel supports their case. If the tenant does not appear, the judge will rule in favor of the landlord.

Sheriff Gives The Tenant A Writ of Possession

If the court rules in favor of the landlord, it will issue a writ of possession. This document will be served by the Sheriff’s office to the tenant who then has 24 hours to vacate the property or be forcibly removed.

Sheriff Returns Possession To The Landlord

After the 24-hour period, the Sheriff can place a padlock on the door and if the tenant has not yet vacated the property, they can be forcibly removed.

As you can see, there are many steps in the eviction process and the rights of the landlord and the tenant must be protected. Knowing the ins and outs of tenant law in Miami will help facilitate a smooth eviction process. For questions or assistance with an eviction complaint, contact our team at Casais & Prias. We are here to help.

Tenant Law in Miami

How Do You Handle A Holiday Custody Schedule in Miami? Our Family Attorney’s FAQs

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The holidays are right around the corner and you may have questions about how to set up a holiday custody schedule in Miami. Our family attorneys are here to answer our most frequently asked questions about holiday time-sharing.

Fall is in the air, the kids are back to school, and the holidays will be here before you know it. For separated or divorced parents, it is time to think about who the children will spend time with over the holidays this year. If you have questions about how to handle a holiday custody schedule in Miami, our team of family attorneys at Casais & Prias is here to help.

In Florida, family courts emphasize a child’s best interests in time-sharing agreements. Parental responsibility aims to give both parents equal rights and responsibilities when making decisions regarding the child. In a divorce, a parenting plan should be part of your time-sharing agreement. And a big part of this agreement is a holiday schedule.

Here are the questions our family attorneys are asked most often regarding arranging a holiday custody schedule in Miami.

What Are My Options For A Holiday Schedule?

Alternating Holidays

A common arrangement for holiday time-sharing is to have the child spend a holiday with one parent one year and the other parent the next year. This schedule works best for longer school breaks like winter break which can last as long as two weeks. Letting a child spend the entire break with one parent allows for a more relaxing time with minimal schedule disturbances.

Split The Holiday In Half

For a longer break, it is also possible to share custody by splitting the time in half. If you choose this arrangement, keep in mind that you may not want your child to spend a whole day traveling.

Schedule A Holiday Twice

If you do not mind celebrating a holiday on a different day, you could choose a day to celebrate. For example, one parent can celebrate Christmas with the child on December 20th, and the other can celebrate on the 25th.

Fixed Holiday Schedule

Another way to handle a holiday custody schedule in Miami is to assign certain holidays to certain parents. This works especially well for holidays like Mother’s Day, Father’s Day, and other holidays that are more important to one parent over the other.

How Does Communication Work During A Holiday Visit?

If you have a highly-structured parenting plan, you may need to specify days, times, and duration of communication with the other parent. This will reduce confusion and conflict because everyone involved knows ahead of time how communication will work.

Without a communication plan, a child may miss speaking to the other parent or the other parent may feel neglected if not allowed to speak to the child.

How Does Long-Distance Custody Affect Holidays?

In Florida, a long-distance parenting plan is used if one parent lives more than 50 miles away from the other parent. This plan has a special section for a holiday custody schedule in Miami and it offers a few options.

  • Designate certain holidays for one parent – For example, the child spends Thanksgiving with one parent and Christmas with the other parent each year.
  • Rotating holiday schedule – This plan allows for some flexibility when a holiday like Mother’s Day falls on a weekend that the father is scheduled to have the child.
  • Travel time – You will need to consider travel days and times when making your holiday custody schedule in Miami so that both parents feel they have adequate time with the child.

The holidays are a time spent with family to relax and make memories. When you establish a holiday custody schedule in Miami well in advance, it will take the stress out of the situation and allow everyone involved to enjoy their holiday.

If you have questions about time-sharing in Florida or need advice on any other family law matter, contact our team at Casais & Prias today. We look forward to working with you.

holiday custody schedule in Miami

4 Reasons Timesharing In Miami Is Crucial To Your Parental Responsibility Case

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Under Florida law, children of divorced parents should be cared for and supported by each parent evenly. Here is why timesharing in Miami custody cases are an important part of a parental custody agreement.

Parental responsibility, formerly called child custody, is the way Florida courts determine how a child is raised after a divorce. The Florida legislature determined that parental rights and responsibilities such as who a child lives with and how he or she is financially and emotionally supported should be shared by both parents.

Your parental responsibility plan needs to include how your child will split time between the parents, and your timesharing plan is a vital part of your case. If you need help formulating your plan for timesharing in Miami, our family law team at Casais & Prias can help.

Why Is Timesharing Important?

Emotional Support

Determining how a child’s time will be shared between parents is possibly the most important part of a parental responsibility agreement. Spending time with each parent is typically best for the emotional well-being of the child. Divorce can bring a sense of loss for the child since their home, family, and stability can be uprooted. Knowing that each parent cares for the child makes the transition easier.

Spending time with both parents also strengthens the bond between the child and their extended families and lets them know that they are loved and supported.

Timesharing and Decision-Making

Equal or comparable timesharing between parents can help with decisions made for the child. Parental responsibility means that major decisions are made with agreement from both parents. Some of these decisions include:

  • Education and school choice
  • Religion and faith in upbringing
  • Medical and dental decisions
  • And more

Your parental responsibility plan outlines how you and your former spouse will come to a decision about various aspects of your child’s upbringing. When a child shares time between parents, and there is no conflict over how they will be raised, the situation is more stable and transitions can be smoother.

A Timesharing Agreement Is Required For a Parental Responsibility Agreement

As part of your parental responsibility agreement, you and your former spouse must agree to a timesharing schedule. Several factors can figure into how this schedule is determined:

  • Work schedules of parents
  • Parents’ residences
  • School schedule and location of child
  • School holidays
  • After-school activities
  • Other factors

A Judge Can Make Your Schedule For Timesharing in Miami

If you and your former spouse are unable to agree to a timesharing schedule, the judge for your parental responsibility case can make it for you. If the decision is left to the judge, he will take the following factors under consideration:

  • Any evidence of abuse or neglect
  • Drug or alcohol use
  • Felony convictions
  • And others

Although it is rare, a judge can rule for sole parental responsibility if he determines it is in the best interest of the child. In most cases, however, a judge will make every effort to split time equally between the parents.

When Should You Contact a Family Attorney For Your Timesharing in Miami Case?

If you are entering into a divorce agreement and need assistance setting up a parental responsibility plan, it is a good time to contact our family law team at Casais & Prias. We will work with you to set up the best arrangement for you and your children.

Timesharing in Miami is an essential part of your agreement with your former spouse so it is a good idea to get a family lawyer to assist you. Contact us at Casais & Prias today to schedule an appointment for a free case evaluation. We look forward to working with you to answer your timesharing questions.

timesharing in Miami

Coral Gables Tax Law FAQs From A Former IRS Agent

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Receiving a notice from the IRS can be cause for concern. Get your questions answered about Coral Gables tax law from our tax law specialists.

Every year, we are expected to file an accurate tax return. The process can be confusing, however, and the IRS can find issues with your return that you may have missed. If you receive a notice of any kind from the IRS, you likely have questions.

At Casais & Prias, our managing partner is a former IRS agent who has a unique perspective when it comes to Coral Gables tax law. These are a few of the most frequently asked questions we receive.

Why Am I Being Audited?

There are two ways you can receive a notice of an audit: random selection and related examinations.

Random Selection – Your return may be selected for audit based on computer algorithms that compare your current return with past returns. The IRS’s statistical formula is used to update your information and note when there has been a change that it considers unusual.

Related Examinations – The IRS can compare your tax return to the tax returns of other individuals and businesses listed on your return. If you have a business partner or investor included on your tax return that was selected for an audit, you may also be audited.

If you have been selected for an audit, you will be notified by mail. Keep these letters for your records and to show to your tax attorney.

Will I Owe Money If I Am Being Audited?

You may assume that if you have been selected for an audit, it means that you will owe money. That is not necessarily true. An audit simply means that there was something in your tax return that raised a red flag.

When you have received notice that you are being audited, you should contact a Coral Gables tax law attorney right away. Having a specialist in your corner who has insight into how the IRS operates will help you to navigate the audit process.

What Are The Possible Outcomes Of An IRS Tax Audit?

No Change Result – If the IRS reviews your tax return and determines that it was substantially correct, no changes will need to be made and you will owe no additional money.

Errors Found That Benefit The Taxpayer – If the IRS finds errors in your return that show that you overpaid for the year, you can be issued money back.

Errors Found That Affect Your Taxable Income – If the IRS determines that your taxable income is higher than you reported on your tax return, you could owe additional money.

If you would like to get our Coral Gables tax law team to look at your case, we offer a free case evaluation.

Coral Gables tax law

What Is A Final Notice Of Intent To Levy?

If you receive a Final Notice of Intent to Levy, it means that the IRS is potentially 30 days away from being able to seize your assets to recover the funds you owe. You have 30 days from the date of the notice to resolve your case or request a hearing.

At this point in your case, if you have not hired a Coral Gables tax law attorney, you likely need to. Our tax law team at Casais & Prias can look at your case and we will do everything in our power to resolve your case quickly.

When Do I Need To Hire A Tax Attorney?

To be on the safe side, you should contact a tax attorney after receiving any type of communication from the IRS about an audit. Our founding partner, Rolando Casias, Jr. and our team can guide you through the process of working with the IRS to resolve your case.

Contact the Coral Gables tax law team at Casais & Prias today to set up a free case evaluation.

Custody No Longer A Thing In Florida: Our Family Lawyer Explains Parental Responsibility

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In Florida, the term “custody” has been replaced with parental responsibility. Here, our family attorney explains what this means for you and your children.

Read on to hear family attorney, Nadja Prias, explain the term “parental responsibility.”

In the case of a divorce, if children are involved, there is always the question of where they will live, who will make the parenting decisions, and what is in the child’s best interest. Child custody is a term that is no longer used in the state of Florida because of its negative connotation in terms of possession and control.

The Florida Legislature implemented the term “parental responsibility” to exhibit the intent for both parents to share responsibility for the child. Our family law team at Casais & Prias answers some of the top questions we receive about parental responsibility and what it means for your family.

Why Is Custody Now Called Parental Responsibility?

In Florida, the courts assume both parents are equally interested in the child’s life and wellbeing and are therefore both responsible for making decisions. Parental responsibility requires that both parents work together to parent the child. While custody implies that one parent has more rights than the other, parental responsibility gives both parents full parental rights.

What Decisions Would Fall Under Parental Responsibility?

When a judge determines that there will be shared parental responsibility for a child’s upbringing, it addresses many decisions, major and minor. Some of these include:

  • How the child is disciplined
  • What religious beliefs the child is exposed to
  • What recreational activities the child participates in
  • Where the child goes to school
  • Any legal matters that involve the child
  • And others

How Does Parental Responsibility Work?

Giving both parents full parental rights makes sense since both parents should be involved in the child’s life in the eyes of the law. But how does this work in practice? Here are two examples of parental responsibility:

  • If your daughter lives with you and suffers an illness or injury, you must inform the other parent and he or she must have access to her medical records.
  • If you want your daughter to change schools, the other parent must agree to this change, and have access to her school records.

Do I Need A Parenting Plan?

Florida law requires that parents agree to a parenting plan in the case of shared parental responsibility. This plan includes time-sharing details, as well as school and extracurricular activities, healthcare matters, and others. This plan is designed to lay out expectations to avoid conflicts. It must be agreed to by both parents and approved by the court.

Our team of family attorneys can help you draft a parenting plan to ensure all contingencies are addressed, and you are prepared for any issue that may arise as you co-parent your child.

parental responsibility

Can A Judge Rule Against Shared Parental Responsibility?

Unless there is any evidence that shows one parent does not have the child’s best interest in mind, the judge will typically rule for shared parental responsibility. In some cases, however, they can award sole parental responsibility. In this case, only one parent will make the decisions regarding education, medical issues, religious choices, and other decisions related to the child’s upbringing.

Some factors a judge will consider when deciding if sole parental responsibility is appropriate include:

  • Evidence of neglect
  • History of domestic violence
  • Drug or alcohol use
  • Physical or mental health conditions
  • And others

If you need help with your parental responsibility case, it is best that you contact a family attorney right away. At Casais & Prias, our team of family advocates will do everything in our power to ensure your child receives the best possible care. We will ensure your parental rights are protected, and we will help you through the entire process. Contact us today so we can discuss your case.

How To Handle A Tenant Who Will Not Move Out: Advice From A Miami Eviction Lawyer

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As with any legal arrangement, when one party breaks the contract, there are steps that must be followed to ensure an appropriate resolution. If you are having trouble getting a tenant to move out, these tips from our Miami eviction lawyer can help.

The landlord/tenant relationship can be a healthy one. You have a business to run and you want to provide accommodations for your tenants in return for payment of rent. Your tenant needs those accommodations and pays you to live or work on your property. But what happens when you need to evict a tenant and they refuse to move out? Our Miami eviction lawyer at Casais & Prias answers the top questions regarding eviction in Florida.

What Are The Most Common Reasons A Landlord Serves An Eviction Notice?

As a landlord, you must have cause to evict a tenant. Although there are a variety of reasons for eviction, these are the most common:

  • Not paying rent
  • Breaking the terms of the lease
  • Illegal activity
  • Repeated late rental payments
  • Damaging property

If your tenant is responsible for any of the above violations or others that are grounds for eviction, there is a process you, as the landlord, must follow to ensure that every action you take is in accordance with the law. The team at Casais & Prias has a Miami eviction lawyer available to guide you through this process if you need assistance.

How Much Eviction Notice Does A Landlord Need To Give A Tenant?

The first step in the eviction process is a written three-day notice to the tenant informing them that they will be evicted unless they can resolve the issue that precipitated the notice.

The three-day notice is the initial document that now has to be served to the tenant, and it is the condition precedence of filing the lawsuit. Florida’s Landlord-Tenant Law is landlord-friendly but one of the defenses a tenant has is a defective three-day notice. It is a condition that is met before a landlord can file an eviction lawsuit. We can provide legal guidance if you need help filing a three-day notice document.

Miami eviction lawyer

What Are The Next Steps If My Tenant Refuses To Move Out?

If your tenant does not respond to the three-day notice, you can file a lawsuit to evict with the Clerk of Court. A copy of the lawsuit will be served to the tenant by a process server, and a copy will also be left on the tenant’s door. These documents are legally binding and begin the five-day response period.

Now the tenant has five days to respond in writing to the Clerk of Court explaining why they feel they should not be evicted. That document will be sent to the landlord, and then you have an opportunity to respond. If the tenant does not respond in this five-day period, the court can settle with a default ruling against them. This ruling can include directions to pay the court the amount owed in rent. The tenant can file a motion if they disagree with the amount they are directed to pay.

Can My Eviction Case Go To Court?

If there is no resolution during this five-day period, a hearing date can be set. Our Miami eviction lawyer can help you prepare for this hearing. You will need to bring several documents with you to the hearing, including:

  • A copy of the lease
  • Any photographs of damages or other issues
  • Receipts for repairs
  • Any witnesses to the problems with the tenant
  • Anything else you want the court to see

After the hearing, the judge will make a decision. If the tenant does not appear, you will automatically win and the court will give you a Judgment of Possession. The local sheriff will be notified and they will post a notice giving the tenant 24 hours to vacate the property.

If your tenant does not leave during this 24-hour period, the sheriff can force them to leave and lock them out. Any of their belongings left behind can be used to defray any costs owed to the landlord.

What Does A Miami Eviction Lawyer Do?

At Casais & Prias, our team of skilled attorneys will meet with you to discuss your situation. We are well-versed in Florida’s landlord-tenant and eviction laws. We can help you draft documents and get them filed appropriately. If you have any questions about the eviction process, contact us today. We look forward to speaking with you.

Can Your Foreign Spouse Claim Citizenship? Our Miami Gay Marriage and Citizenship Attorney Explains

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If you marry your partner overseas, do you know how your new spouse can become a citizen of the United States? Our lawyers answer your questions about gay marriage and citizenship.

In today’s world of technology and ease of travel, we are forming more relationships with people around the world. When one of those relationships turns to marriage, and your new spouse is not from the United States, you likely have questions about how they can become a U.S. citizen.

Our experienced team at Casais & Prias handles cases involving gay marriage and citizenship regularly. Here are the top questions they have been asked:

How Can My Foreign Spouse Enter The U.S.?

If your same-sex spouse is not a U.S. citizen, you can petition for them to come reside in the United States with you, so long as your marriage is legally valid. If your spouse is outside the United States, you will need to file a petition with the United States and Immigration Service (USCIS). Once approved, the file is then transferred to the National Visa Center (NVC) for processing and then your spouse is scheduled for an interview at the US Consulate in your spouse’s home country.

What Type Of Visa Should We Apply For As A Same-Sex Married Couple?

When a U.S. citizen marries a non-citizen, the foreign spouse must have a K-3 visa in order to enter the U.S. This type of visa is obtained in the foreign spouse’s country of citizenship in order to shorten the time it takes for them to join their citizen spouse in the U.S. The K-3 visa allows them to enter the U.S. while they wait on their immigrant visa petition.

Once their immigrant visa petition is approved, the foreign spouse can apply to adjust their status to a permanent resident status with the Department of Homeland Security (DHS) and the USCIS.

What Is The Process For Filing A K-3 Visa Application?

Step 1: File the proper petitions

You, as the U.S. citizen, must file the Petition for Alien Relative form with the DHS and the USCIS, who will then inform you when your petition has been received. Once approved, your petition will be sent to the National Visa Center for processing.

Step 2: Apply for the visa

As part of your application, you will be required to have an interview. The foreign spouse will need to bring the following documents:

  • Completed Online Nonimmigrant Visa Application
  • Valid passport
  • Birth certificate
  • Marriage certificate
  • Medical documents
  • And other documents

As you can see, the process of citizenship can be lengthy, which is why you should get the help of an experienced legal team to guide you. At Casais & Prias, our founding partner is skilled in areas of LGBTQ+ marriage and immigration. We can answer any questions you have about gay marriage and citizenship because we have been helping couples and families through this process for many years.

Did you know that same-sex couples can apply for a variety of immigration benefits based on their marriage to a U.S. citizen? You may not realize all the ways an attorney can help you. Working with a legal representative who is familiar with gay marriage and citizenship will go a long way in getting your spouse established as a U.S. citizen. Once you are through the legal process of citizenship, you and your spouse can relax and enjoy your life together.

When you have questions about gay marriage and citizenship, contact the team at Casias & Prias. We look forward to helping guide you through this legal process. Contact us today to schedule your free case evaluation.

Miami gay marriage and citizenship

Our Immigration Lawyers’ Checklist For Your Same-Sex Fiancé Visa in Hialeah

Posted on by bwisotsky@gmail.com

Bringing your non-citizen fiancé to the U.S. can be a complex process, and there are important details to understand. Here, we address your questions regarding obtaining a same-sex fiancé visa in Hialeah.

Getting married to a person of the same gender in the United States follows a clear procedure. With its legal acceptance in all 50 states, the law generally treats same-sex marriage similarly to opposite-sex marriage.

When your fiancé is not a U.S. citizen, however, there are some guidelines you need to follow. Here, we will answer the most common questions about getting a same-sex fiancé visa in Hialeah.

What Type Of Visa Is Required For A Same-Sex Fiancé In The U.S.?

To bring your same-sex fiancé into the U.S., they will need to apply for a K-1 visa. Officially called a Nonimmigrant Visa for a Fianc(é)e (K-1), this visa allows a non-U.S. citizen to gain entry into the U.S. for the purpose of marriage. Read on to see what requirements come with a K-1 fiancé visa.

How Long Can My Fiancé Stay In The U.S. Before We Get Married?

Once your same-sex fiancé enters the United States on a K-1 visa, it’s essential to get married within 90 days. If the marriage doesn’t occur within this period, they will lose their status, leading to the expiration of their K-1 visa. Subsequently, your fiancé would need to return to their home country.

Once married, your immigrant spouse can initiate and submit their application for adjustment of status or green card. If you marry before the 90-day deadline, they can start the green card application process earlier. Waiting for the full 90-day period before marriage is not mandatory.

What Regulations Do We Need To Follow For a Same-Sex Fiancé Visa?

To obtain a same-sex fiancé visa in Hialeah, you need to adhere to the following guidelines:

  • Demonstrate your U.S. citizenship status.
  • Provide evidence of an in-person meeting with your fiancé within the last 24 months.
  • Express the intention to marry within 90 days.
  • Confirm that your fiancé is admissible to the U.S., ensuring no concerns related to health, criminal history, security issues, previous unlawful presence in the U.S., or any other disqualifying factors.

It is not difficult to obtain a same-sex fiancé visa in Hialeah, but as you can see, several guidelines must be followed. Having an attorney assist you as you prepare to bring your fiance to the U.S. is beneficial.

same-sex fiancé visa in hialeah

Do You Still Have Questions? Casais & Prias Has The Experience You Need

At Casais & Prias, not only are we experienced in immigration law, but we also offer LGBTQ & Same-Sex Couple Immigration Services to all of our clients. Our skilled team cares about your situation, and we will go above and beyond to guide you through the legal process of obtaining a same-sex fiancé visa in Hialeah.

Our firm’s founding partner, Rolando Casais, Jr., is a member of the American Immigration Lawyers Association and sits on their LGBTQ Committee. He is also a member of the Miami-Dade Gay & Lesbian Chamber of Commerce and was an Associate Attorney at an immigration firm in Miami, Florida, where he was responsible for preparing and submitting both family-based and employment-based immigrant and nonimmigrant visa petitions.

When you need someone to lead you through the legal process of obtaining a same-sex fiancé visa in Hialeah, look no further than Casais & Prias. We have the knowledge and experience to help you and your fiancé file the proper paperwork and establish your lives together in the United States. Contact us today for a free case evaluation.

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