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Miami Immigration & Naturalization Law Blog

Real estate disputes arise, complicating NFL player's situation

National Football League running back Darren McFadden is currently involved in a complicated, contentious federal lawsuit against several parties, including a man who used to be his close friend and financial adviser. Real estate disputes have arisen in the midst of other problems, with McFadden accusing his former friend of illegally transferring property worth approximately $15 million to hide assets and prevent possible economic loss if the court winds up ruling in McFadden's favor. A bank where McFadden's money was kept at the time the whole situation unfolded was recently added as a defendant in the athlete's claim. Some Florida residents may relate to his situation.

McFadden, who now plays for the Cowboys, had just signed a $60 million deal with the Raiders when his disputes with his former financial adviser arose. The basic premise of the case is that McFadden claims his former friend acted fraudulently by convincing him to give him the authority to conduct financial transactions on his behalf. He says his friend told him he was a seasoned financial adviser, then proceeded to remove at least $15 million from his bank account over time, without his permission.

Determining whether adjustment of status may be possible

Many Florida immigrants want to become permanent residents of the United States, but think they must first go abroad, then apply for re-entry. That process is known as consular processing, and it is not always necessary. Those currently residing in the United States who wish to seek an adjustment of status can confer with an immigration law attorney to explore all possible options given a particular situation. 

There are are eligibility requirements to help identify who can seek status adjustment from within the United States. The most obvious requirement for seeking an adjustment of status (as opposed to consular processing) is that the person seeking the adjustment must be physically present in the United States at the time. Consular processing, on the other hand, takes place abroad, through a U.S. consular office.

High court to rule on issue concerning U.S. immigration law

The U.S. Supreme Court is currently considering an immigration case that may change federal laws regarding deportation. U.S. immigration law states that any immigrant who commits a violent crime is subject to deportation. The court recently weighed in on what many say is such vague wording (insofar as the term, "violent" is concerned) that existing law may violate the rights of immigrants in Florida and elsewhere to due process.

A man in another state was convicted of several burglaries. His attorneys, and others supporting all immigrants' rights, say he committed no violence and existing laws do not adequately define which crimes are violent and which are not. In arguments heard before the court on a recent Monday, Justice Sonia Sotomayor pointed out that many burglaries are committed without even breaking door locks.

Neighbor's noise levels lead to real estate disputes

Can Florida homeowners tell their neighbors to be quiet? Such issues often lead to real estate disputes, some of which wind up in litigation before they are resolved. Famous comedienne, Kathy Griffin, is currently involved in a dispute in another state with her neighbor, who also happens to be CEO of a major home development company in the area. Many people, including other public figures, have weighed in on the topic on social media networks.

It seems that CEO Jeffrey Mezger likes to party and was enjoying time with guests at his home on a recent Saturday. His neighbor, Griffin, reportedly thought the party was too loud and complained. Her boyfriend caught an altercation that occurred between the two neighbors on an audio recording.

Possible options for averting a foreclosure process

Times are often tough, financially speaking, and many Florida residents know what it's like to run into serious obstacles that impede economic stability. Perhaps you were one of many whose incomes were lowered during recent economic crises, or maybe you lost your job entirely and had to start from scratch in the business world. Maybe a lack of income is the main issue, or a medical emergency, divorce or other matter threw you off course. Or perhaps bills just started piling up ,and before you knew it, things got out of hand. If you've suddenly found yourself facing a possible foreclosure situation, you're probably feeling a bit worried and wondering if there's any way to keep your home.

The thought of losing your home would no doubt cause tremendous stress for you and your family. If you try not to panic and research some potential options, you just may be able to find a feasible solution and also be able to forge a new track toward future financial stability. The key is to arm yourself with as much information as possible, seek clear understanding of applicable laws and know where to turn for support so you don't have to go it alone.

U.S. permanent residency to be featured in new video series

Florida is a hub of immigration activity. Millions of residents earn income through immigrant-owned businesses throughout the state. A new video series is ready to launch that features topics, such as U.S. permanent residency and other issues pertinent to building new lives in America as new arrivals from other countries of origin.

Some may be surprised to learn that more than 300,000 businesses in this state are owned and run by immigrants. Thus, those who closely follow current immigration events understand that foreign-born residents are among the greatest contributors to the state's economy, and numbers are continuing to increase. In fact, many U.S. citizens by birth make their livings in immigrant-owned businesses.

Are impending U.S. immigration law changes invasions of privacy?

Many people in other countries are currently applying for legal entrance into Florida and other areas in the United States. Some have business plans while others are excitedly preparing for their marriages to U.S. citizens. Whether an application is not yet processed or an immigrant has already settled here, proposed U.S. immigration law changes set to take place in October have many immigrant advocates concerned.

Privacy is the main issue at hand with regard to reported upcoming changes in the vetting process used for immigrants applying for permanent or temporary legal statuses. However, those already living under such statuses, as well as those who have become naturalized citizens, may be at risk for possible invasion of privacy once the new regulations take hold. One advocate stated that the terminology in the new rules is so vague that all immigrants may suffer negative consequences if changes are not made to make the wording more specific.

Foreclosure might not have to be the ultimate outcome

The high cost of living in Florida sometimes poses a challenge to the average family trying to make ends meet. Even with two spouses earning full-time incomes, there may be little to no extra funds once living expenses and bills are met. Especially where parents are raising two or more children, financial problems can quickly get out of hand, leading to foreclosure threats and necessitating immediate debt relief assistance.

It often takes married couples years before they can own their first home. Many are not able to pay off their mortgages until they near their golden years. If a lender is threatening to take ownership of a couple's home, they may wonder whether any options exist to stop the process.

Is giving adjustment of status advice a crime in Florida?

What if two Florida neighbors are having a conversation over their backyard fence and one mentions that he and his family have been living in the United States illegally for more than 10 years. What if the man further discusses the situation with his neighbor by asking for advice regarding whether he should seek an adjustment of status or remain living under the radar. If the neighbor weighs in on the topic and advises the man and his family to continue living as they have been, is the neighbor guilty of a crime?

The answer is that it is yet to be determined; however, there's a case pending in a federal appeals court that may provide an answer for the entire nation once a decision is handed down. This particular situation involves a woman who was convicted by a jury for unlawfully charging immigrants fees for filing labor and employment applications that she knew would never be successfully processed. Federal law stating no person may encourage or induce a foreigner to come to, reside in or work in the United States without appropriate legal status may have been a significant factor in her conviction.

U.S. immigration law allows officers to conceal their identities

Many Florida immigrants are currently slated to face criminal charges in courthouses throughout the state. A recent incident in another state has many immigrants and immigrant advocates on edge regarding current U.S. immigration law and the leeway police officers appear to have to target immigrants outside courthouses. The recent situation involved several arrests.

U.S. Immigration and Customs Enforcement officers were reportedly dressed in plain clothing when they took four individuals into custody outside a courthouse. Reporters in the area say they asked the officers to identify themselves, but they refused to do so. One man took to his Twitter account following the incident, warning noncitizens in the area to steer clear of the particular courthouse in question.

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