Author: bwisotsky@gmail.com

Preparing Your Case: The Crucial Role Of An Asylum Attorney

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Seeking asylum in the United States is an option for individuals from foreign countries in specific situations. To navigate the asylum process more efficiently, enlisting the assistance of an experienced asylum attorney can be beneficial.

Here, managing partner Rolando Casais, Jr. explains the asylum process.

According to the United States Citizenship and Immigration Services (USCIS), individuals may seek asylum in the U.S. if they are being persecuted based on race, religion, nationality, sexual orientation, or gender identity. While the asylum process before the COVID-19 Title 42 policy was relatively simple, today’s process is more complicated.

Asylum Procedures: Then And Now

Under the asylum procedures in place since 1980, an asylum seeker was required to approach an asylum officer at a border or point of entry and plead credible fear of persecution in their home country. Post-Title 42 asylum procedures have more requirements for those seeking asylum.

CBP One

Customs and Border Control (CBP) introduced the CBP One smartphone app in October 2020. The app was designed to address the backlog of asylum seekers by allowing them to make an appointment with the CBP online. Technical glitches, communication issues, and security concerns have plagued the app for years, drawing criticism from civil rights groups as well as the U.S. government.

Transit Ban

The transit ban implemented in May 2023 at the end of Title 42 requires asylum seekers to first seek asylum in the country or countries they traveled through to get to the United States. Immigrants must prove that they first sought asylum in those countries and were denied prior to seeking asylum in the U.S.

The Benefits Of Hiring An Asylum Attorney

Asylum seekers can become overwhelmed by the length and complexity of the asylum process. Add a potential language barrier and travel exhaustion, and the process of gaining asylum can be daunting. Our team of immigration attorneys at Casais & Prias can guide asylum seekers through the process, taking the stress out of the situation.

Asylum Attorneys Are Well-Versed In The Latest Immigration Laws And Regulations

As immigration attorneys in Miami, we have many years of experience with all types of immigration cases. Our team of asylum attorneys is constantly researching the latest policies and regulations set forth by the USCIS. Having this knowledge will help an asylum seeker navigate the system efficiently.

Asylum Attorneys Can Help Gather Evidence And Prepare Supporting Documents

Submitting the proper documents as part of the asylum application is crucial to the success of an asylum case. Our team can help prepare documents and gather any evidence needed to support a claim of persecution in the individual’s home country.

Asylum Attorneys Can Represent And Advocate Throughout The Process

An advocate can provide invaluable support and reassurance to an asylum seeker, offering guidance every step of the way. Their knowledge and experience can alleviate anxiety and ensure asylum seekers feel empowered throughout this complex and often daunting process.

asylum attorney

Let Casais & Prias Advocate For You

Managing partner Rolando Casias, Jr. was recently elected Vice Chair of the American Immigration Lawyers Association (AILA) Budget and By-Laws Committee. His knowledge and experience in the area of immigration are unparalleled, making him a trusted and reliable advocate for individuals seeking asylum. With his prestigious role in the AILA, you can rest assured that you are receiving top-tier legal representation from a recognized leader in the field.

If you or a loved one is seeking asylum in the United States, we can help you navigate the asylum process with confidence and peace of mind. Contact us to schedule a consultation.

Navigating Family Immigration: How Our Hialeah Immigration Attorney Can Help

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The rules for family reunification are changing. If you are a non-citizen family member or a U.S. citizen trying to gain Green Card status for a foreign family member, our Hialeah immigration attorney can help you navigate the process.

New family reunification parole procedures were recently introduced by the U.S. Department of Homeland Security (DHS) for eligible individuals from Honduras, Guatemala, El Salvador, and Columbia. Updates to the family reunification parole process for citizens of Cuba and Haiti are also part of these procedures.

Eligibility Requirements And Process Updates

Eligibility

To be eligible for family reunification under the new procedures, individuals must be the primary beneficiaries of an approved Petition for Alien Relative (Form I-130) as well as their qualifying immediate family members.

Invitations

The new process will roll out through invitations sent by DHS to individuals whose I-130 forms have already been approved. Once an individual receives an invitation, they can submit an Online Request to be a Supporter and Declaration of Financial Support (Form I-134A).

Once this form is confirmed, the next steps include DHS security vetting for the principal beneficiary and their immediate family members. Travel authorization may be granted, where the principal beneficiary and their family members may seek parole at a U.S. port of entry.

DHS began sending out invitations in June of 2023.

Next Steps

If parole is approved, these individuals can remain in the United States while waiting for their immigrant visa. Subsequently, they can apply for Green Card status and, eventually, may seek employment authorization.

Frequently Asked Questions

Whenever the government changes how they handle immigration procedures, our office receives many questions. Our Hialeah immigration attorney is happy to answer your questions and provide the best legal counsel available. Here are the most common inquiries regarding the new family immigration policies.

Which Family Members Of The Principal Beneficiary Can Apply For Family Reunification?

This program only applies to spouses and unmarried children under the age of 21 of the primary beneficiary. Eligibility for family reunification is narrower than eligibility for Green Card status because a Green Card application is directly tied to an individual’s relationship with a U.S. citizen. Individuals can apply for Green Card status if they are:

  • An immediate relative of a U.S. citizen
  • Another relative of a U.S. citizen according to family-based categories
  • Fiance(e) of a U.S. citizen or the fiance(e)’s child
  • Widow(er) of a U.S. citizen
  • And others

Are Invitations Guaranteed for All Petitioners Who Have Qualifying Relatives Residing Outside The United States?

No. Invitations will only be sent for petitions currently with the Department of State’s National Visa Center, under the condition that a visa has yet to be issued to the beneficiary but is anticipated to become available soon.

How Can You Prepare For The Family Reunification Parole Processes?

Before receiving your invitation, you can ensure that the State Department’s National Visa Center has your correct contact information. You can use the Public Inquiry For The National Visa Center form if your data needs to be updated. Having the correct contact information in the system will help expedite the process and ensure that any communication gets to you efficiently.

Hialeah immigration attorney

Our Hialeah Immigration Attorney Can Help

It is our mission at Casais & Prias to stay up-to-date and well-informed about changing laws and policies regarding immigration. Family reunification procedures can be complex, so having a skilled immigration attorney working with you can help. Contact us today to discuss your case.

Navigating Summer Travel Plans: Tips From Our Kendall Custody Attorney

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Summer vacations are a time to take a break from school schedules and spend more time with our families. Our Kendall custody attorney shares some tips on getting through the summer months if you are sharing custody.

If you have been sharing parental responsibility for some time, you know the importance of having a solid timesharing plan. During the school year, schedules are set, and co-parenting calendars can be more straightforward.

But, the summer months can be more of a challenge since school is out and vacations are on the books. To help your summer go smoothly, follow these helpful tips from our Kendall custody attorney.

Timesharing Models

When you and your co-parent separated or divorced, your family court agreement likely established a timesharing arrangement. Standard custody arrangements include the following models:

  • Dual Residency Model – Children live with each parent for roughly the same number of days each month.
  • Primary Residency – Children live with one parent the majority of the time.
  • Percentage Arrangement – Online custody calculators can be used to establish arrangements to meet 50/50, 60/40, 70/30, and 80/20 schedules.

Regardless of the model you and your co-parent choose, an established schedule benefits the children and the entire family.

Summer Timesharing Tips

Timesharing models that work during the school year may not work when school is out. If a vacation is planned, consider this advice from our family attorney.

Plan Ahead

Although summer is right around the corner, you still have time to set up a smooth transition from school days to summer vacations. Before you plan a trip with your child, discuss your plans with your co-parent. Planning early helps ensure that you and your co-parent do not plan trips during the same period.

Be Flexible

Compromise is key to a successful timesharing arrangement. You may not get your ideal schedule, but remembering that the child’s well-being is most important can help quell any disappointments.

Anticipate Passport Needs

Planning ahead is vital if you plan to take your child out of the country. You will need the signature of your co-parent before you apply for the child’s passport. Once your application is submitted, it can take weeks to arrive in the mail.

Taking a child out of the country may also necessitate a more extended conversation with your co-parent since this trip is likely farther away than a usual vacation. Planning early, organizing documentation, and communicating with your co-parent is vital for an international trip.

Over Communicate

We have seen many co-parents argue about not knowing what the other parent had planned or not being told the child was expected to go somewhere or do something. Communication is always important, but it is essential to a successful summer vacation schedule.

As soon as you have a travel plan, let your co-parent know so that you can discuss what their schedule is during that time. Are there any conflicts? Did the co-parent already have plans for that time? Starting the conversation early helps to lessen the stress of planning summer trips for your children.

Let Older Children Participate In The Process

Children’s happiness and well-being are at the center of a timesharing arrangement, so getting input from older children about where they may like to travel and with whom gives them a stake in the situation. Allowing them to participate actively in the travel plans can make planning smoother. Plus, they may have a better time if they help with the decisions.

When You Hit A Snag, Let Our Kendall Custody Attorney Step In

Relationships between co-parents can be complex. Sometimes communication breaks down, and you need a professional advocate. If you need help with your summer vacation schedule, contact our family attorneys at Casais & Prias. We can guide you through setting up a smooth summer plan that will help make memories for the entire family.

Kendall custody attorney

How The New Transit Ban May Impact Political Asylum In Florida

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With the end of Title 42, those seeking political asylum in Florida are facing new challenges. Here, we outline the new rules and how the transit ban may affect U.S. immigration.

On May 11, 2023, the pandemic-era immigration policy known as Title 42 expired. Title 42 allowed U.S. officials to turn away those seeking political asylum in Florida or any border state for public health reasons. Now that the Public Health Emergency for COVID-19 has ended, immigration policies have reverted to pre-pandemic standards. What does this mean for immigrants seeking refuge in the United States?

What Is The Transit Ban?

Also called the “three-country rule,” the “transit ban” allows U.S. border officials to turn away non-Mexican immigrants seeking asylum unless they can prove that they applied for and were denied asylum in a country they traveled through to get to the United States. This rule does not apply to unaccompanied minors, and there are exemptions for adult immigrants.

If immigrants cannot prove that they applied for and were denied asylum in a country they passed through en route to the U.S., they can be deported to Mexico or their home country. They are also subject to expedited removal, which bans them from attempting to enter the U.S. for five years. They could face prosecution and jail time if they try to re-enter during this time.

CBP One

One avenue of bypassing the transit ban is scheduling an appointment to appear at a U.S. port of entry. Immigrants can use the Customs and Border Patrol’s CBP One smartphone app to schedule these appointments.

The app was launched in 2020 and only applies to land-border points of entry in Texas, California, and Arizona. It also has its share of technical issues. The Texas Tribune interviewed many immigrants who stated that the app frequently crashes due to the number of users trying to schedule appointments.

Current Avenues To Political Asylum In Florida

With the reinstitution of the pre-pandemic-era transit ban, there are still a few routes to lawful immigration into the U.S. via Florida.

Affirmative Asylum

To apply for affirmative asylum, an immigrant must be physically present in the U.S. and application must occur within one year from arrival. After submitting the proper forms, immigrants can live in the United States while awaiting the evaluation of their cases.

Asylum Merits Interview

When an individual seeking political asylum has been placed in expedited removal, they can request an interview with USCIS. In this Asylum Merits interview, they can express their concerns about what may happen if they are returned to their country. Persecution, torture, and other fears may qualify an individual for a credible fear screening by the USCIS.

If the interview determines that these fears are legitimate, the USCIS will typically perform one of two actions:

  • Keep the asylum application and decide if there is eligibility for protection under the Convention Against Torture (CAT) in a secondary interview.
  • Issue a Notice To Appear appointment with an immigration judge.

Defensive Asylum

Immigrants can request Defensive Asylum if they are in removal proceedings resulting from the following:

  • Determination of ineligibility for asylum after Affirmative Asylum proceedings
  • Being apprehended at a U.S. port of entry without proper documentation or in violation of immigration status
  • After being apprehended by CBP without proper documentation, the individual was placed in the expedited removal process and found to have a credible fear of being sent back to their home country

The process of Defensive Asylum allows individuals to have legal representation when they go before an immigration judge. The judge will decide the individual’s eligibility for asylum. Either party can appeal this decision.

political asylum in Florida

Immigration Is Complex – Casais & Prias Can Help

Immigration law is changing almost every day. Contact us today if you or a family member needs legal help gaining political asylum in Florida. Our team of skilled and experienced immigration attorneys can guide you through the asylum process.

Get A Letter From The IRS? Our Hialeah Tax Attorney Can Help

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It does not have to be tax season to receive a letter from the IRS. It also does not have to be a cause for panic. Our Hialeah tax attorney offers tips on your next steps should you receive one of these letters.

We know that getting a communication from the Internal Revenue Service can be intimidating. Even if you keep meticulous tax records and file your tax return on time, you are not immune from an IRS letter.

Our Hialeah tax attorney is a former IRS agent who knows the inner workings of the government agency. He can guide you through any issues that may arise concerning your taxes. Here we offer a short guide on what to do if you get an IRS notice in your mail.

Do Not Ignore It

A letter from the IRS is not spam and should not be ignored or thrown away. If you receive such a letter, it is best to face the situation head-on and resolve it as quickly as possible. If you ignore the issue, it could get worse. The IRS does not stop its pursuit if you do not respond. In fact, it will likely escalate the situation faster than if you were to respond promptly.

When you open your letter, you will see clear instructions about your next steps concerning the issue. Typically, these letters are in reference to federal tax returns or tax accounts. If you need help understanding what to do next, our tax attorney can help.

Read The Entire Document Carefully

Before you jump to conclusions about the subject matter, be sure to read the whole letter carefully. It will likely contain questions that you need to answer, along with instructions for how to submit any documentation that is required.

Compare Your Letter To Your Tax Return

Sometimes, there is a discrepancy in the information on your tax return that needs a simple clarification. Double-check the information on your tax return to see if it matches the information on the letter. If any data needs to be corrected, look for instructions on how to do that. And reach out to our tax team if you have any questions.

Only Reply If Necessary

Not every letter from the IRS warrants a response. Some of these letters are informational and do not require the taxpayer to do anything. The letter will contain explicit instructions if you need to send a response or a payment. If you are unsure if your letter needs a response, we can help you determine the answer.

If the deadline on the letter has passed due to delayed mail delivery, you should contact the IRS by phone immediately. Usually, the IRS will give a one-month extension in this case, but you must ask for it.

If A Response Is Needed, Do It Immediately

When the IRS requires a response, there is typically a timeline attached. These timelines are provided to preserve your taxpayer rights, prevent processing delays, or minimize penalties and interest.

If you receive a letter containing an audit notification, you should immediately contact a tax defense attorney to assist you with your next steps.

Hialeah tax attorney

Our Hialeah Tax Attorney Can Help

A letter from the IRS can be unnerving, but in many cases, there is no need for concern. If you address and resolve the situation quickly, there should be no further issues. Our experienced Hialeah tax attorneys at Casais & Prias are here to ease your mind by answering any tax questions. Contact us for more information.

By Land, Sea, Or Air – Our Miami Immigration Attorney Explains Current Title 42 Regulations

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U.S. immigration policies seem to change month by month, and it can be challenging to keep up. Our Miami immigration attorney outlines the latest updates that could affect you and your family.

Those seeking refuge in the United States because of poor humanitarian conditions in their home countries can turn to policies that allow immigrants to enter the U.S. while awaiting green card approval. The immigration lawyers at Casais & Prias want to share how to use these programs to your advantage.

Humanitarian Parole

One program that the Biden Administration implemented to address the devolving situations in countries like Venezuela, Cuba, Haiti, and Nicaragua, is Humanitarian Parole. This program allows immigrants from these countries to enter the U.S. for one to two years with U.S. citizen sponsorship.

The End Of Title 42

Title 42 was created in the wake of the COVID-19 pandemic to increase public health precautions by giving the U.S. government more power to regulate border crossings.

Policies under the Title 42 umbrella have changed over the past three years to include programs like Humanitarian Parole, which authorizes entry into the U.S. under humanitarian stipulations and not public health concerns.

The Biden Administration has been attempting to end Title 42 since 2022 but has been met with opposition, and the courts have ruled that it must remain in place. On May 11, 2023, Title 42 is set to expire. This will change how immigration is handled, however, it will not go back to pre-pandemic policy. It is unclear how the end of Title 42 will affect programs like Humanitarian Parole.

Transit Ban

One policy expected to go into effect after Title 42 expires is the Transit Ban. This policy would only grant asylum to immigrants who travel through another country en route to the U.S. if they first request asylum in that country. Immigrants from Mexico and other border countries would not be subject to this ban because they do not travel through another country before reaching the United States.

Expedited Removal

Immigrants granted asylum in the United States under Title 42 are typically released into the country with a court date scheduled at which they must appear to plead their case. The new Expedited Removal plan would force immigrants to defend their cases within days of entry into the U.S. or risk being removed from the country.

Having to plead their case so soon after their treacherous trip to the U.S. could be challenging. Opponents of this policy are concerned that many who should be granted asylum will be turned away due to an ineffective interview.

Florida And The Parole + ATD Program

Recently, a Florida court blocked the Biden Administration’s Parole + Alternative To Detention (ATD) program. The Department of Homeland Security created this program for families immigrating together and it was eventually extended to individuals. It allowed an alternative to detention using a mobile phone app called SmartLINK and a Notice to Appear order within 15 days of their entry.

The court ruled that this policy violates laws pertaining to the executive branch’s authority to issue such policies. Another portion of the ruling stated that the policy is “part of an ill-defined no detention policy.”

Miami immigration attorney

Our Miami Immigration Attorney Is Here To Help

The landscape of immigration law is ever-changing, and staying current with the latest policies, rules, and regulations can be challenging. Having a Miami immigration attorney on your side is the best way to navigate this complex legal area.

Our team of dedicated immigration attorneys is constantly researching the best ways to help immigrants seek asylum if that is their desire. Contact our office with any immigration questions you have. We look forward to working with you.

Florida Humanitarian Parole Update: Beware Of Sponsorship Scams

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Part of the Florida humanitarian parole program is having a sponsor in the U.S. This need has given rise to sponsorship scams, as our immigration attorney explains.

Earlier this year, the Biden administration widened the humanitarian parole program to include citizens of Haiti, Nicaragua, Venezuela, and Cuba. The program was created to give refuge to those who are fleeing the economic and humanitarian crises facing them in their home countries. Ukraine was recently added to this list to assist those looking to flee the war-torn country.

The United States has stated that it will accept up to 30,000 non-citizens each month from these countries under the following conditions:

  • They must pass a thorough background check.
  • They must have all required vaccinations.
  • They must have a sponsor in the United States.

How Does Sponsorship Work?

A key element to being allowed entry into the United States under the humanitarian parole program is having someone in the U.S. who can help the applicant logistically and financially while in the country. If someone who is looking to come to the U.S. under this program does not have family members here and does not know who to contact for sponsorship, they may seek out strangers to sponsor them.

Sponsors For Sale

Some seeking refuge in the U.S. are searching the internet for sponsors. A quick Facebook search for “humanitarian parole sponsor” reveals many pages and groups claiming to match sponsors to individuals who need them. While many of these posts are from U.S. citizens legitimately wanting to help immigrants with sponsorship, others demand thousands of dollars upfront with no promise to deliver on the sponsorship arrangement.

Florida Humanitarian Parole

Legal Loophole

Currently, it does not appear that charging someone a “fee” for sponsorship is against the law. As long as the forms are correctly filled out, and the other requirements are met, having a sponsor is all that is left to gain access to the U.S. Many seeking asylum are leaving their home country because of financial and economic hardship and it does seem counterintuitive to pay someone who is then supposed to financially support the person once in the U.S.

Legitimate Sponsorships

While some are looking to make money to sponsor immigrants, plenty of others want to sponsor individuals and families for free. Websites like Welcome.US can match well-meaning U.S. citizens with those who need sponsorship for Florida humanitarian parole access. Other non-profit organizations like USAHello offer program information to immigrants and are an excellent way to help support our immigrant community.

Beware Of Scams

Anytime there is a desperate need, someone is looking to exploit that need for profit. Unfortunately, this is not uncommon with new immigration programs. The USCIS is aware of these scams and issued this statement,

“Fulfilling our humanitarian mission while upholding the integrity of the immigration system is a top priority for USCIS.” The statement went on to say the agency “carefully vets every prospective supporter through a series of fraud- and security-based screening measures. Additionally, USCIS thoroughly reviews each reported case of fraud or misconduct and may refer those cases to federal law enforcement for additional investigation.”

Florida Humanitarian Parole

The Immigration Attorneys at Casais & Prias Can Help

If you know anyone seeking sponsorship for the Florida humanitarian parole program, we can guide you as you help them find a legitimate sponsor. If you have any questions about this program or any other immigration matters, please contact us. Our immigration lawyers are available to discuss your case and help you in any way we can.

Can You Gain Citizenship Through Gay Marriage? Our Miami Beach Immigration Lawyer Explains

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Same-sex couples have the same immigration rights in the U.S. as heterosexual couples. However, obtaining citizenship through marriage can be more of a challenge, as our Miami Beach immigration lawyer explains.

After the Defense of Marriage Act was deemed unconstitutional by the U.S. Supreme Court in 2013, same-sex couples can enjoy the same immigration benefits as opposite-sex couples. Our Miami Beach immigration lawyer has handled numerous cases involving gay marriage and immigration, so he knows that obtaining citizenship through marriage for a same-sex couple can be more challenging.

Immigration Through Marriage

The immigration process works the same way for opposite-sex and same-sex couples. When a non-citizen marries a U.S. citizen, that individual becomes eligible to apply for a Permanent Resident Card (commonly called a green card). A non-citizen does not automatically become a U.S. citizen through marriage.

Establishing eligibility for a green card is lengthy and can take anywhere from nine months to three years. It can take longer if the sponsoring spouse is a green card holder and not a U.S. citizen.

How Does Immigration Through Marriage Work?

A couple seeking to gain U.S. citizenship for a non-citizen through marriage must follow the process set by the United States Citizenship and Immigration Service  (USCIS).

Establishment of a Lawful Marriage

Your marriage must have occurred in a country where same-sex marriage is legal. If you were married in a place where same-sex marriage is illegal, such as India, some states in Mexico, and others, you must be married in the United States if you both live here. You can apply for a fiance visa so that your fiance can come to the U.S. for the marriage.

To establish your marriage with the USCIS, you must provide the following:

  • The U.S. citizen’s birth certificate
  • Marriage certificate
  • Joint utility bills or lease document
  • Photos from your wedding
  • Filing fee

Proof of Eligibility

Next, the non-citizen spouse will apply for a green card by providing documentation to the USCIS that proves their eligibility for residency. You will need to provide documentation that establishes the following:

  • The foreign nationality of the non-citizen spouse
  • Proof of legal entry into the U.S.
  • Medical evaluation
  • Affidavit of Support from the U.S. citizen spouse
  • Filing fee
  • Biometrics fee

Interview with USCIS

Once the paperwork has been completed and submitted, the non-citizen spouse will be interviewed by a USCIS representative to establish their eligibility for green card status. Getting to the interview portion of the process can take up to a year.

During the interview, the USCIS official will ask both spouses questions about their relationship to establish that the marriage is legitimate and not just for immigration purposes.

After the interview, the petition can be approved immediately or within a few days. Once your case is approved, you will receive a notice by mail, and the non-citizen spouse will receive a physical green card in a few weeks.

Obstacles For Same-Sex Couples In Immigration

Although the rights and responsibilities are the same for same-sex and heterosexual couples trying to gain residency through marriage, same-sex couples can face unique challenges. Our Miami Beach immigration lawyer has seen the following issues arise in same-sex marriage cases.

Miami beach immigration lawyer

Civil Unions

Before same-sex marriage was legal in all 50 states, many couples chose to have a civil union ceremony. These unions are not legally binding for immigration purposes. Couples must convert the civil union to marriage or have a separate marriage ceremony to be considered for immigration benefits.

Issues With Family

Part of the green card application process is establishing the legitimacy of the same-sex marriage. Marriage photos may not include one or both spouses’ parents. When family members are opposed to the wedding because of personal feelings, one spouse may have limited information about the family of the other spouse. These family dynamics can be explained during your USCIS interview.

Past Opposite-Sex Marriage

It is not uncommon for a same-sex spouse to have a history that includes an opposite-sex spouse. While this history may cause the interviewer to ask some questions, it is not a reason for concern. Fully disclose any past marriages and explain your particular circumstances.

Casais & Prias Can Guide You Through The Immigration Process

As you can see, gaining a marriage green card is a lengthy, complex process. If you fail to submit the required documents on time, your spouse’s citizenship can be delayed or even denied. Contact our Miami Beach immigration lawyer to discuss your case, and let us help you establish citizenship for your spouse.

Do You Need A Miami Citizenship Lawyer For Gay Marriage Immigration?

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Although same-sex married couples have the same rights as heterosexual married couples, immigration for same-sex spouses can pose some challenges, which is why you need a Miami citizenship lawyer to help with your case.

Managing partner Rolando Casais, Jr. explains the LGBT asylum process.

The Supreme Court struck down the Defense of Marriage Act in 2015, making gay marriage legal across the country. This ruling gave the same rights to same-sex couples as heterosexual couples.

As a result, the United States Citizenship and Immigration Service (USCIS) now views all marriages equally when evaluating green card applications. If you are a same-sex spouse of a U.S. citizen or lawful permanent resident, you can apply for a marriage green card, just as you could if you were a heterosexual spouse.

There are some challenges that same-sex couples face when navigating the immigration process, so our Miami citizenship lawyer put together a list of tips to help you and your spouse.

Proof Of Bona Fide Marriage

All married couples must prove to the USCIS that their marriage is legitimate and based on love, not on the need for immigration status. The following documents serve as proof of bona fide marriage:

  • Mortgage or lease documents showing both spouses’ names
  • Utility bills with both spouses’ names
  • Driver’s licenses showing the same address
  • Bank statements or credit card statements showing the same address
  • Letters from friends, family, or employers showing the same address
  • And others

Knowledge of Spouse’s Parents

During the interview process with a USCIS official, each spouse will be asked questions about the other spouse. These are questions that spouses typically know about the other such as the other spouse’s parents’ names. However, some same-sex couples feel they cannot introduce their significant other to their parents because they do not share the same views on same-sex relationships.

This is a valid concern, and we recommend that, even if your spouse does not know your parents, they still learn details about them, including their names, ages, and cities of residence.

Proving Residence Without Documentation

Housing discrimination is still possible in some areas, and if you live in a place where your landlord may discriminate against your same-sex spouse being on your lease, you may choose to leave them off. Not having a housing document with both spouses’ names on it can present a problem when trying to prove a bona fide marriage.

While this arrangement can be a legitimate response to a fear of discrimination, it can also raise red flags to the USCIS since they need to see that you and your spouse are living together and sharing financial assets. If you cannot produce a joint lease agreement, our Miami citizenship lawyer recommends that you provide other documentation, such as a utility bill with both of your names on it, or show that you are each other’s beneficiary on a life insurance policy.

miami citizenship lawyer

Proof Of Legal Marriage

Not only does your marriage need to be bona fide, but you must also show proof that it is legal. Same-sex marriage is still not legal in India and many other countries around the world. At the same time, it is legal in 32 countries, including the U.S.

If you were married in a country that does not recognize same-sex marriage, you will need to be married in the U.S. before applying for immigration status. And if you need a fiance visa to get married in the U.S., our Miami citizenship lawyer is prepared to assist.

Casais & Prias Can Help With Your Immigration Needs

The process of legal immigration to the United States can be complex, and if you skip a step, the process can take even longer. Our attorneys are skilled in immigration law, LGBTQ law, LGBT asylum law, and family law, and we are qualified to help with your same-sex citizenship questions. Contact us today to schedule a free case evaluation. We look forward to working with you.

Why You Need An LGBTQ Family Lawyer For Your Same-Sex Divorce In Coral Gables

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If you want to end your marriage, you need to hire an attorney who specializes in same sex divorce in Coral Gables. Our LGBTQ family lawyer explains.

Although same sex divorce has the same rules as heterosexual divorce, there are some details unique to the same sex community that can make divorce tricky. In 2015, same sex couples gained the same rights and responsibilities as heterosexual couples when they marry and when they divorce. Regardless of where your marriage took place, if you have been served with divorce papers or are seeking a divorce in Florida, our family attorney at Casais & Prias can help.

Equitable Distribution

Many same sex couples were together for years, even decades, before same sex marriage became legal nationwide. They may have purchased homes and vehicles, and obtained other assets before they were legally married. The issue with these assets is that they likely will not figure into the marital assets considered by the judge. Florida does not recognize common law spouses, so any assets obtained prior to marriage would not be divided.

For example, if the couple purchased a home in one person’s name and the other person was not added to the deed after they were married, the house would remain the property of the person on the deed. An experienced family attorney representing you in your same sex divorce in Coral Gables is the best way to ensure that your rights are protected. We will fight to obtain the assets that you are entitled to.

Alimony

Similar to assets acquired before marriage, alimony is solely based on the time the couple was married. Even if a couple lived together for 20 years before they got married, if they were only married for five years, alimony would only be based on five years. The standard basis for an alimony settlement is:

  • Income and earnings of both spouses
  • Length of the marriage
  • Needs of each spouse
  • Financial investments brought by each spouse to the marriage

This settlement can get murky when a majority of the relationship happened before marriage, and the length of the marriage has a disproportionate impact on the amount of alimony that could be awarded. This is why you need legal representation when alimony is on the table. Our experience with same sex divorce in Coral Gables makes us a helpful partner to have representing your best interests.

Child Custody

When children are involved, a divorce can be more complex. The courts can give preference to the biological parent even though parental responsibility strives to give equal responsibility to both parents. Custody can be more difficult in a same sex divorce because the child is either biologically related to only one parent or, in the case of adoption, neither parent.

To ensure that you have parental rights for your child, you must take these steps prior to your divorce:

  • If your spouse had a child before you were married, you need to adopt the child to establish parental rights.
  • If the child was born after you were married, and you are not the biological parent, you need to adopt the child to establish parental rights.
  • If the child was adopted during your marriage, you should adopt the child or include your name on the birth certificate.

Once parental rights are established, the courts should award equal time-sharing arrangements for each parent while always keeping the child’s best interests in mind.

same sex divorce in Coral Gables

Casais & Prias Can Help With Your Same Sex Divorce In Coral Gables

If you have questions about your divorce, custody, alimony, or any other matters of family law, contact us today. We can schedule a free case evaluation and devise a strategy that protects your rights. We look forward to working with you.

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