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A stamp and a pen on paper - Serving Immigrants
  • By: Serving Immigrants
  • Published: December 13, 2019

There are no limits on how many people can obtain an L-1 visa every year. L-1 visas or intracompany transferee visas allow managers, executives, and employees with “specialized knowledge” who work outside the United States for a company with an affiliated entity inside the United States, come to work for that company in the United States. There are some important criteria that must be met before someone is eligible for an L-1 Visa. Basic Criteria In order to qualify for an L-1 visa, an individual must have been an employee of the sponsoring company for at least one continuous year out of the last three years. In addition, they must be transferring to the United States in order to work for the company as a manager, executive, or employee with specialized knowledge. The U.S. company to which the employee is transferring must be a branch, parent, subsidiary, affiliate, or joint venture partner of the non-U.S. company. The company may have originated outside the United States…Read More

A man yelling at a women - Serving Immigrants
  • By: Serving Immigrants
  • Published: December 10, 2019

Going through a divorce is always going to be a challenging experience, but doesn’t mean that all divorces are the same or that there aren’t some that are significantly less difficult than others. In the state of Florida, the two main categories of divorce are known as contested and uncontested divorces. They will both end with the dissolution of your marriage, but the path they take to get there can be significantly different. This blog post offers some insights into the main differences between contested and uncontested divorces so you can decide which one will work best in your situation. Understanding Uncontested Divorces An uncontested divorce is when both parties are willing (and able) to work out all the different issues that need to be resolved in the divorce. This means that you will work with your soon-to-be ex, typically along with your attorneys and possibly a moderator, to decide on things like child custody, child support, division of assets, alimony, and any other relevant…Read More

A handcuffs on a document - Serving Immigrants
  • By: Serving Immigrants
  • Published: July 26, 2019

If you have pled guilty to a crime, or been found guilty, you may think that your options are over, even if you are actually innocent or otherwise treated unjustly. While it is unfortunate, the justice system is not perfect and can make mistakes. Fortunately, there are laws in place that allow these mistakes to be rectified. One option for those who believe they have been unjustly treated is to file a motion to vacate the criminal conviction. If approved, the previous conviction will be set aside and you will have the opportunity to have your trial heard again, this time hopefully getting better results. Grounds For A Motion To Vacate In order to have a criminal conviction vacated, you must first have grounds for the motion. This simply means that you need to have a good reason why the conviction should be vacated. There are a number of different types of grounds that can be used in the state of Florida, including the following:…Read More

A women dressed in a black suit with some message - Serving Immigrants
  • By: Serving Immigrants
  • Published: September 23, 2018

Immigration Attorney Magdalena Cuprys succeeds in obtaining bond for client evicted from public housing as part of an eviction campaign in Pasco County Former public housing resident was accused of improperly receiving government benefits, but Immigration Court granted bond and release from custody Miami, FL (September 2018) The law firm of Cuprys and Associates announced today that immigration Lawyer Magdalena Cuprys succeeded in obtaining bond for a client, Ms. C.A., a Mexican citizen. C.A. was accused of improperly receiving public assistance payments and subsidized housing benefits in Pasco County, Florida, based on a fraudulent Social Security card that she had purchased for $100. She was taken into custody after an investigation at a subsidized housing project where 30 undocumented families and about 60 U.S. born children were evicted. According to news reports, some of the residents claimed that Housing Authority officials told them that they could live there regardless of their legal status in the U.S. as long as they had U.S. citizen children. Ms.…Read More

Two men in suit discussing together - Serving Immigrants
  • By: Serving Immigrants
  • Published: September 1, 2018

In this comment, Magdalena Cuprys, Esq. addresses and explains the business visa issues and visa alternatives in the U.S. In the second article of her series of Instructional Articles, Florida Attorney Magdalena Cuprys comments on business visas for employment and possible alternatives. Preliminary Considerations Many visa applicants assume that once they complete the lengthy and expensive visa process and detailed interviews both at the U.S. Embassy and upon arrival in the U.S., they have accomplished their American Dream. If only that could be true. Once they recover from the whole fingerprinting and interviewing stress, there is more to come. Whether you are a professional or a student, American bureaucracy will keep you busy for at least the first two months upon your arrival. You will quickly learn that one simply cannot function without the magic nine digits, known as a social security number (SSN). The social security system was designed to track income and earnings so that people could collect payments at a later point…Read More

A gavel on a stand - Serving Immigrants
  • By: Serving Immigrants
  • Published: September 1, 2018

In this comment, Magdalena Cuprys, Esq. addresses and explains the problem of immigration consequences that may unintentionally result from a plea of guilty or nolo contendere In the first article of her series of Instructional Articles, Florida Attorney Magdalena Cuprys comments on the issue of immigration consequences resulting from criminal pleas of guilty or nolo contendere, and how to challenge such guilty pleas subsequently in court. Attorney Cuprys recently prevailed in a case in the Circuit Court of the Eleventh Judicial Circuit of Florida where she moved to vacate a judgment and sentence. She bases her comments on that case. The facts of the case are as follows: The Defendant A.P.B., a Cuban citizen and resident of the U.S. since 2002, plead guilty in trial court to marihuana-related offenses, including selling and possession with intent. Apparently A.P.B.’s home was burglarized, and when police came to investigate, they found he was growing 26 marijuana plants inside the house. He had no prior criminal history. At the…Read More

  • By: Serving Immigrants
  • Published: August 23, 2018

The United States Supreme Court announced the decision in Pereira v Sessions regarding the stop-time rule on June 21, 2018. In simple terms, the “stop-time rule” defines when continuous residence or continuous physical presence of a non-citizen ends. See INA § 240A(d). According to INA § 240A(d), continuous residence ends when either the non-citizen commits a criminal offense, or is served with a “Notice to Appear” (“NTA”) placing him/her in removal (deportation) proceedings. See INA § 240A(d)(1)(A)-(B). In this important decision, the Supreme Court pondered whether the stop-time rule is triggered when the government serves a non-citizen with a document that is labeled “Notice to Appear” but fails to specify either the time or place of the removal proceedings. Pereira v. Sessions is about Wescley Fonseca Pereira, a Brazilian citizen, who overstayed his visa in the United States. The visa expired on December 21, 2000. In May 2006, Pereira was served with a Notice to Appear by the U.S. Department of Homeland Security (DHS). While…Read More

  • By: Serving Immigrants
  • Published: August 23, 2018

Immigration Lawyer Magdalena Cuprys of the law firm Cuprys and Associates announced today that the Board of Immigration Appeals ruled in her client’s favor regarding a removal (deportation) proceeding. On appeal, citing Matter of Serna, the Board finds that mere possession of an altered immigration document, without intent to use it unlawfully, is not a “crime of moral turpitude.” The Board therefore reversed the Immigration Judge’s determination that the person should be sent back to Mexico on those grounds. Ms. Cuprys had sought a so-called “cancellation of removal” for her client L.R. (originally from Mexico) under Section 240A(b) of the Immigration and Nationality Act, which is a relief that allows a person who does not have legal status to remain here if he or she has been here for 10 years, has not committed serious crimes, and if removing him or her from the country would be a hardship for U.S. citizens or permanent residents such as children or other close relatives. In the initial…Read More

  • By: Serving Immigrants
  • Published: August 23, 2018

The law firm of Cuprys and Associates announced today that immigration Lawyer Magdalena Cuprys won a “withholding of removal” (client will not be deported) in Immigration Court after a convoluted legal struggle. Mr. C.M. is a 25-year-old Colombian citizen who entered the U.S. as a stowaway, and later filed an application for Asylum. All of C.M.’s applications for relief were denied by an immigration judge in August 2016. C.M. appealed to the Board of Immigration Appeals (BIA), which remanded the case to the Immigration Court to clarify and reconsider its prior findings. The Immigration Court found that C.M. had a credible fear of persecution if he were returned (deported) to Colombia. At the new hearing in Immigration Court, C.M. testified that three of his brothers were killed by a guerilla group, as well as two of his cousins. He himself was abducted and threatened. Based on that testimony, the Immigration Judge denied C.M.’s asylum request, but granted withholding of deportation. As the Court noted, for…Read More

  • By: Serving Immigrants
  • Published: June 19, 2018

Immigration client had committed minor offenses in the past; Immigration attorney successfully argued that such minor offenses do not disqualify client from asylum in the U.S. Immigration Lawyer Magdalena Cuprys of the law firm Cuprys and Associates announced today that the Board of Immigration Appeals ruled in her client’s favor in a disputed asylum case. Ms. Cuprys is a recognized immigration attorney based in Florida but represents clients not only in the United States but from outside of the U.S. as well. She filed an asylum case on behalf of her client H.C., a young man originally from Honduras. H.C. had been in the U.S. since the age of eight and feared persecution if he were to return to Honduras. Ms. Cuprys therefore presented his asylum request before an Immigration Judge. The Immigration Judge agreed with Ms. Cuprys and her client H.C., and granted asylum in the Fall of 2017. However, the Department of Homeland Security (DHS) appealed the Immigration Judge’s decision. In particular, the…Read More

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