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Miami Immigration & Naturalization Law Blog

Real estate disputes can slow progress

Many Florida communities, especially those located near the shore, often have access roads that lead to the beach or various businesses in the area. Investors in another state have become entangled in real estate disputes concerning which roadway should be used as an access road to a proposed new business in the area. The investors wish to use a little less than 3,000 square feet of a 10,000 square foot space.  

The site currently houses a boat and slip repair business. The owners of the new restaurant wish to build an access driveway from the establishment to a particular nearby roadway. Another business owner in the area apparently has a problem with that idea, however. The owner says that increased traffic on the access road may detract from the business that exists nearby, which serves the public as a boat launching site. 

US immigration law impacts many Florida children

While there seems to be never-ending debate throughout the nation on the topic of immigration, there are usually several issues on which most Florida residents and others agree. For instance, not many people would dispute the fact that thousands of children have been separated from their families due to certain regulations under U.S. immigration law. Immigration and Customs Enforcement officials have repeatedly said that when such incidents occur, they try their best to reunite families as soon as possible.  

Many immigrant advocates say that reuniting families is beside the point; they believe the more important issue is that minors should not be taken away from their parents in the first place. The U.S. government says there are several serious issues that may prompt border patrol officers to separate children from their parents. One thing is certain: Evidence that it is becoming more frequent can be found in the fact that new detention centers are being constructed to house the overflow of undocumented children in many states.  

US immigration law facts regarding asylum and refugees

The average Florida resident may not fully understand the differences between certain legal terms pertaining to those who come to this state or others to live as immigrants. U.S. immigration law is often complex and confusing to those with no specific legal background. Many people think certain terms are interchangeable when, in fact, they are not.

For instance, it's not uncommon for people to refer to refugees as asylees or vice versa. However, these are two distinct categories of immigration that are both alike and unique at the same time. The main difference between asylum and refuge lies in the application process.

Real estate disputes causing delays for solar farm plans

Questions have arisen as to whether a planned solar farm would interfere with local cemetery grounds in another state. As some owners of real estate in Florida might be, the owner of the cemetery is currently involved in real estate disputes pertaining to litigation in a federal bankruptcy court. The cemetery owner reportedly signed an easement contract that included approximately 40 acres of agricultural land that adjoins the cemetery grounds.

The man's attorney recently stated that his agreement with those who plan to operate a solar farm will not affect the cemetery at all because the farm will stop short of the actual burial grounds. It will only comprise the agricultural land at the southern section of the cemetery. Some people are apparently worried that the solar farm would interfere with families visiting loved ones' graves, perhaps disrupting their peaceful atmosphere.

ICE officials arrested man who sought adjustment of status

Thousands of immigrants choose Florida as their final destinations in the United States. Many go on to seek adjustment of status by applying for green cards after marrying U.S. citizens. A man in another state who not only is married to a U.S. citizen but also has two children born here is in danger or deportation after a recent incident at a military base.  

The man works for a pizza delivery service and says he has delivered food the military facility many times in the past without any problem. For some reason, the guard on duty that day did not accept his ID, which, he says, is the same ID he always shows when he delivers food there. Instead of being allowed to carry out his duties, then leave, he was taken into custody and set in line for immediate removal.  

US immigration law is the focus of immigration detention incident

Thousands of immigrants will likely arrive in Florida this year with plans to build new lives in the United States. Many who do so are accompanied by one or several family members, often parents with children who are minors. Following U.S. Attorney General Jeff Sessions' announcement that plans are being made to change U.S. immigration law to increase the number of arrests at U.S. borders, many immigrant advocates became concerned about the negative implications such changes will have on young children and infants who will be separated from their parents.  

A senator from another state was apparently concerned enough that he took a camera crew to visit a particular immigration detention facility. The center is run by a non-profit program that set up shop in an old Walmart building. The senator says he was denied entry at the door of the facility but was told to wait outside so a manager could come out and speak with him.  

Being proactive may help overcome threat of foreclosure

Florida residents are not immune to financial challenges. In fact, most people in this state and beyond have experienced financial upset at some time in their lives. Such crises are usually temporary and can be overcome if one knows how to access available resources to help restore financial stability. Some situations are definitely more serious than others, such as those involving possible foreclosure.  

Worrying about losing one's home is undoubtedly a high-stress issue. Especially if a homeowner has children, the thought of a lender taking possession of the home can be quite troubling. The best thing to do is try to remain calm and take a proactive stance to review the situation and implement strategies that may help turn the tables in one's favor. A good first step to take is to take a thorough, honest look at one's finances.  

Avoid real estate disputes through careful contract review

Purchasing a new home, launching a business or going in a timeshare rental property on your favorite Florida beach may be at the top of your list for goals to achieve this year. While each of these is a different kind of transaction, they all involve creating and signing contracts, which can be simple and straightforward or complex and confusing to understand. In either case, it's always a good idea to have an experienced attorney review your proposed contract so as to avoid real estate disputes down the line. 

It is indeed possible to execute and sign a contract without legal representation. However, going it alone leaves you at great risk for all sorts of legal problems, especially if it's the first time you've ever signed a real estate agreement. Many major obstacles can be easily avoided if the person who reviews the contract before signing is familiar with state law and understands the key components to successful negotiation.  

US immigration law scandal erupts on Carnival cruise

When a Carnival cruise ship recently docked in Florida on a return trip from the Bahamas, a family was on board that included a husband, wife, several children and grand-parents who were visiting the United States from China. The children's grandfather was diagnosed with a terminal illness and had come to the U.S. for treatment. His son-in-law and daughter took him and the rest of their family on the cruise as a way to share a special memory together since they know he is going to die. Little did they know, however, that their cruise would end with U.S. immigration law officers taking the grandparents away.  

It happened after the ship came to port in Jacksonville. The Chinese grandparents were immediately detained, and their family has not seen them since, nor have they been able to determine where their loved ones were taken. The husband said he blames Carnival Cruise Lines for the situation, stating that if ship officials knew the grandparents could not enter the United States from the Bahamas, they should not have allowed them passage.  

Employment immigration changes announced

Department of Homeland Security Secretary Kirstjen Nielsen recently made an announcement that might make many Florida immigrant families quite happy. The current administration has reportedly adapted the employment immigration program to include an additional 15,000 available visas for non-agricultural, temporary workers. In the past, such visas were issued on first come, first serve bases and were capped at 66,000. 

The most recent disbursement of H2-B visas was done through a lottery, which apparently led to some workers facing application denials. Secretary Nielsen said that prior programs were designed to protect American workers. She also stated that the administration acknowledges that reform is needed so long as additional visas in no way harm American businesses or workers.  

The Florida Bar | 1950 American Bar Association DADE County Bar Association | 1916 Orange County Bar Association Coral Gables Bar Association American Immigration Lawyer Association

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