Tag: Legal

Temporary Protected Status (TPS) for Venezuelan Nationals

Posted on by bwisotsky@gmail.com

On March 8, 2021, the U.S. Department of Homeland Security designated Venezuela for Temporary Protected Status (TPS) for a period of 18 months, until September 9, 2022.

Scroll to the end to hear Rolando Casais, Jr., a founding partner of Casais & Prias, explain Temporary Protected Status.

Temporary Protected Status is a temporary immigration status provided to nationals of specifically designated countries that are confronting an ongoing armed conflict (such as civil war), environmental disaster (such as earthquake or hurricane), or other extraordinary and temporary conditions. It provides a stay of deportation to foreign nationals from those countries who are in the United States at the time the U.S. government makes the designation.

New Designation

This new designation of Temporary Protected Status for Venezuela enables Venezuelan nationals currently residing in the United States to file initial applications for TPS, so long as they meet eligibility requirements. Only individuals who can demonstrate continuous residence in the United States as of March 8, 2021 are eligible for TPS under Venezuela’s designation. Applicants are also eligible to apply for employment authorization that will be valid through September 9, 2022.

Once granted Temporary Protected Status, an individual may not be detained by DHS based on his or her immigration status in the United States. TPS is a temporary benefit that does not lead to legal permanent residence, U.S. citizenship, or any other immigration status. All individuals applying for TPS undergo security and background checks as part of determining eligibility.

Eligibility

Individuals are not eligible to apply for Temporary Protected Status if they have been convicted of any felony or two or more misdemeanors committed in the United States, are found to be inadmissible, or fail to meet the continuous physical presence and continuous residence in the United States.

Temporary Protected Status (TPS) for Venezuelan Nationals

Application Process

To apply for Temporary Protected Status under Venezuela’s designation, applicants must register during the 180-day registration period that runs from March 9, 2021 through September 5, 2021. To apply for TPS, applicants must submit the following documents with their application:

  • Venezuelan passport;
  • Venezuelan birth certificate (with English translation);
  • I-94 – arrival/departure record;
  • Proof of residence in the U.S. as of March 8, 2021 such as a copy of residential lease, mortgage statements, utility bills (gas, electric, phone, water), school records, medical records, etc.;
  • Arrest records or criminal history (if any).

If you are or know a Venezuelan national that would like to apply for Temporary Protected Status, please contact the Law Office of Casais and Prias at (305) 722-8015 or info@CasaisLaw.com. Our experienced immigration attorney will represent you in preparing and submitting your applications for TPS and employment authorization.

 

 

What Are Grounds For Dissolution of Marriage in Florida?

Posted on by bwisotsky@gmail.com

There are only two things in Florida that are grounds for divorce. Getting a divorce in Florida requires you to file what is known as a Petition for Dissolution of Marriage.

Aside from basic details about the marriage and the parties in the marriage, you have to indicate a reason for the divorce. As practical as it may seem, in Florida, there is no need to get all wrapped up with the reasons that led to the decision to get a divorce because it is a “No Fault” state, and what that means will be further explained below. However, because it is a no-fault state, there are only 2 things that are grounds for Divorce or the Dissolution of Marriage in Florida:

Irreconcilable Differences

This is the most common reason for divorce. Florida is a no-fault divorce state, which means that no one is assigned fault by the court. You do not need to claim adultery, abandonment, or cruelty. If you do not want to be married, in Florida you do not have to be. There is only a need for the party that is filing for divorce to indicate that the marriage is “irretrievably broken.” These are known as irreconcilable differences. All this means is that the couple is no longer able to co-exist amicably.

Dissolution of Marriage in Florida

Mental Incapacity

The second ground for dissolution of marriage occurs when one of the parties is mentally incapacitated. However, a dissolution of marriage will not be allowed unless the party alleged to be mentally incapacitated has been adjudged incapacitated for at least 3 years prior to the divorce being filed.

If you have any questions as to whether you have irreconcilable differences or whether your spouse has been adjudged incapacitated, please contact Casais & Prias. Our firm will take an individualized approach to identify the strategy that works for you.

Uncontested vs. Contested Divorce in Florida

Posted on by bwisotsky@gmail.com

A divorce can be processed in two different ways. It can be uncontested or contested. Before filing for divorce, it is important for both parties to consider how an uncontested vs contested divorce in Florida will affect them and their family.

When a married couple wants to end the marriage amicably, it means that they are willing to divorce by cooperating instead of litigating. The couple must agree to how the property they own and debt they incurred will be divided. If there are children, the parents will also agree to the parenting plan that will detail who the children will be living with and who will be responsible for child-related expenses. This makes the divorce uncontested because all the issues are resolved outside of the court.

During this process, it is very important to have a devoted attorney assist you in order to make sure that there are no delays and that your interests are properly protected. Even in an uncontested divorce, there is a need for preparation of pleadings and the drafting of a marital settlement agreement that accurately portrays the decisions you have made. Sometimes, there is a need to amicably negotiate or creatively help with issues that you or your spouse are not sure about. This is the reason why you would hire an experienced attorney to represent you in an uncontested divorce.

A contested divorce happens when the couple cannot agree. This process takes a lot longer to finalize and may take a greater toll on the family both emotionally and financially. However, At Casais & Prias Law, we will make sure that we make your needs a priority and that those needs are properly explained to the judge who will make the decisions on the issues that you and your spouse do not agree on.

If you are still unsure about whether you will be proceeding with an uncontested vs contested divorce in Florida, contact the experienced attorneys at Casais & Prias Law.

uncontested vs contested divorce in florida
uncontested vs contested divorce in florida

Have I Accrued Unlawful Presence in the United States?

Posted on by bwisotsky@gmail.com

How Do I Know I Have Accrued Unlawful Presence?

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

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

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

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

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

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

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

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

accrued unlawful presence

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

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

 

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