Navigating the immigration system can be a complicated matter and, while you are not required to have a lawyer, you may not want to go through the process alone. There is extensive paperwork that goes along with the immigration process, and the task can be daunting. Having an immigration lawyer on your side can help you in a number of important ways. An Immigration Lawyer Can Avoid Mistakes An important part of acquiring a visa, finalizing your marriage to an immigrant, and other immigration procedures is filling out the paperwork correctly. The paperwork involved in the immigration process is complicated and extensive. You are often tasked with filling out gathering important documentation. Without the help of an expert, it can be easy to make a mistake. One small mistake in your paperwork can derail the whole process, so you want to make sure it’s done right the first time. An experienced immigration lawyer can ensure that your paperwork is correctly completed and prevent you from…Read More
It’s never a good idea for a business to stand still. In order to be successful, you must move forward and expand. In some instances, you may decide that the best course of action is to expand your small business to the United States. With a wealth of talent and a diverse marketplace, the United States is a great place to expand your business. When expanding your business internationally, there are some important immigration law details to keep in mind. Appropriate Visas In order to expand your small business in the United States, you are going to need to send personnel to the country to begin the expansion. These individuals will have to establish your U.S. headquarters and get things off the ground. If you are sending over managers, executives, or employees with specialized knowledge, they can apply for L-1 visas. In order to qualify for these visas, individuals must meet criteria that establishes that they are, in fact, managers, executives, employees with specialized knowledge.…Read More
Individuals who possess extraordinary abilities in the sciences, education, business, or athletics may be eligible for a non-immigrant O-1 visa if they meet certain criteria. Included among these individuals are people who possess extraordinary abilities in the arts or demonstrated a record of extraordinary achievement in television or motion pictures. Eligibility Criteria For O-1A Visas In order to be eligible for an O-1A visa, an individual with extraordinary abilities in science, education, business, and athletics must show that they have been recognized for their talents and abilities. This can be demonstrated through the receipt of an award, such as a Nobel Prize or an Olympic Medal. However, an individual doesn’t have to be the beneficiary of a major award if they can meet three of the following criteria: Receipt of nationally or internationally recognized prizes or awards Membership in associations or organizations that require an outstanding level of achievement Published material in professional or major trade publications, newspaper, or other major media Original scientific, scholarly,…Read More
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
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
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
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
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
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
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