Cuevas, Garcia & Torres, P.A. Cuevas, Garcia & Torres, P.A. 2026-06-17T02:04:28Z https://www.cuevaslaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1602198/2020/05/cropped-apple-touch-icon-32x32.png On Behalf of Cuevas, Garcia & Torres, P.A. <![CDATA[Can family members travel with people who have work visas?]]> https://www.cuevaslaw.com/?p=48968 2026-06-17T02:04:28Z 2026-06-17T02:04:28Z Immediate family can travel together Professionals with well-developed careers might not agree to accept positions in the United States if doing so requires a multi-year separation from their spouse and children. Thankfully, domestic immigration laws allow the immediate family members of professionals with work visas to apply for attached visas. Spouses and unmarried, minor children can typically travel with employees who secure work visas for a position in the United States. The immediate family visas available for the spouses and children of professionals typically last for the same amount of time as the related employment visa and are eligible for the same number of renewals. This system helps prevent family separation. Of course, each family member seeking a visa must meet medical standards and pass a background check. There are costs for each separate visa, not just the original employment visa. Workers seeking employment visas often need assistance managing paperwork to help their family members travel with them. Working with an employment immigration attorney can help professionals pursue visas, renew visas and even adjust their status to secure green cards once they qualify.]]> On Behalf of Cuevas, Garcia & Torres, P.A. <![CDATA[What are the requirements for adverse possession in Florida?]]> https://www.cuevaslaw.com/?p=48967 2026-06-09T14:29:20Z 2026-06-09T14:29:20Z Adverse possession is a legal concept that can allow someone to acquire ownership rights in property they do not originally own. While the idea may seem unusual, Florida law sets specific requirements that must be satisfied before such a claim can succeed. Many adverse possession cases arise from boundary disagreements, long-term property use or other real estate disputes. Since ownership rights are involved, courts carefully examine whether all legal requirements have been met before recognizing an adverse possession claim.

Possession for at least seven years

Florida's adverse possession law generally requires continuous possession of the property for at least seven years. The person claiming ownership must maintain possession throughout that period without significant interruptions. A temporary or sporadic presence on the property is usually insufficient to support a successful claim.

Actual use and control of the property

A claimant must physically use the property as an owner would. This may involve maintaining the land, making improvements, cultivating it or otherwise exercising control over the property. Courts often look for evidence showing the individual treated the property as their own rather than merely visiting it occasionally.

Open and visible possession

The use of the property cannot be secretive. Possession must be obvious enough that a reasonable property owner could notice someone occupying or using the land. This requirement helps distinguish adverse possession from hidden or temporary trespassing.

Exclusive and uninterrupted possession

The claimant generally must possess the property without sharing control with the true owner or the public. Possession must also remain continuous during the required period. If multiple parties regularly exercise ownership rights over the property, an adverse possession claim may become more difficult to establish.

Color of title or payment of taxes

Florida's adverse possession law includes additional requirements beyond simple occupancy. A claimant generally must possess the property under color of title or satisfy statutory requirements involving property tax payments for the required period.  Adverse possession cases involve complex property rights and strict legal standards, and property owners and claimants should proceed carefully. If questions arise regarding Florida's adverse possession law or other real estate disputes, seeking legal guidance may help you better understand your rights and available options.]]> On Behalf of Cuevas, Garcia & Torres, P.A. <![CDATA[What rights do immigrants have during ICE encounters in Florida?]]> https://www.cuevaslaw.com/?p=48965 2026-05-29T10:14:39Z 2026-05-29T10:03:16Z encounter with immigration officers can feel stressful and confusing, especially if you do not know what to expect. Still, you may have important rights during interactions with U.S. Immigration and Customs Enforcement, often called ICE. Understanding those rights may help you stay calmer and make informed choices if an encounter happens in Florida.

Protecting your privacy during questioning

The U.S. Constitution protects many people during law enforcement encounters, including immigrants. In many situations, you may choose to stay silent when officers ask questions about your immigration status, where you were born or how you entered the country. You may also choose not to sign documents until you understand what they mean. Some forms could affect your immigration case or your ability to stay in the United States. During an encounter, it may help to stay calm and avoid sudden movements. You may also want to avoid giving false information or fake documents because those actions could create more legal problems.

Understanding your rights during home visits

ICE officers may not always enter your home without permission. In many situations, officers need a warrant signed by a judge before entering a private home without your consent. However, immigration officers sometimes use administrative immigration documents during arrests, especially if someone has a final order of removal. Because these situations can differ, the details of each encounter may matter. If officers come to your door, you may want to ask them to show identification or place documents against a window or under the door. Some people also keep these points in mind during a home encounter:
  • You may ask officers why they are there
  • You may choose not to open the door right away
  • You may review documents carefully before responding
  • You may choose to stay silent
Even so, every situation is different and officers may respond in different ways depending on the circumstances.

Handling searches of your belongings in public

During an encounter in public, officers might ask to search your belongings, phone or vehicle. In some situations, you may refuse permission for a search. However, officers may still conduct certain searches under specific legal exceptions. Because these encounters may change quickly, many families prepare ahead of time. For example, some people keep important phone numbers in a safe place and make plans for child care or medical needs in case of an unexpected detention.

Knowing your options matters

ICE encounters often create fear and confusion, especially when children or family members witness the situation. Learning about your immigration rights ahead of time may help you feel more prepared and understand your options during a stressful moment. Immigration policies and enforcement practices continue to change and each case may involve different concerns. As a result, understanding your legal rights may help you respond more carefully if an encounter occurs.]]> On Behalf of Cuevas, Garcia & Torres, P.A. <![CDATA[What to do when a property owner won’t pay for a project]]> https://www.cuevaslaw.com/?p=48964 2026-05-27T23:39:21Z 2026-05-27T23:39:21Z Protecting your right to payment Before taking any action, it's essential to carefully review the construction contract. It may contain important provisions regarding payment deadlines, change order procedures and retainage. Often, the property owner may claim that the contractor didn't comply with a contractual requirement. Reviewing the contract first can help identify potential issues. Additionally, you will want to gather supporting documentation, including:
  • Change orders
  • Invoices
  • Payment schedules
  • Photos of completed work
  • Inspection reports
  • Emails and text messages
Your next step should be to determine the reason for the nonpayment. Understanding why the owner is withholding payment can guide future strategy. Not every payment dispute has the same cause, and sometimes it can be resolved through direct communication.

Next steps

You will want to address any payment problems quickly. Waiting too long can weaken your position and create additional financial strain. Stay professional and try to keep all communication in writing. Avoid being emotional or confrontational. Another important decision is whether to continue work on a project after payments stop. Continuing work without payment can increase financial losses. However, walking off a project without following proper procedures can expose you to breach-of-contract claims. A construction lien is often the strongest tool available to contractors seeking payment. A valid lien can place pressure on the owner because it often interferes with refinancing, sales or transferring the title. Lien rights are highly technical, so it's vital to comply with statutory notice requirements and meet filing deadlines. If you're facing a payment dispute, it’s smart to have legal guidance to help you evaluate your options and take steps to protect your financial interests.]]> On Behalf of Cuevas, Garcia & Torres, P.A. <![CDATA[What can jeopardize your lawful permanent resident status?]]> https://www.cuevaslaw.com/?p=48963 2026-05-13T13:08:03Z 2026-05-13T13:08:03Z Becoming a lawful permanent resident is a major milestone for many immigrants in the United States, but keeping your green card requires more than simply renewing it every few years. Certain actions or decisions can place your immigration status at risk. Whether you recently obtained your green card or have been a lawful permanent resident for years, it is important to stay informed about what can jeopardize your status and avoid unnecessary immigration problems.

Certain criminal convictions can end your permanent residency

Not every criminal offense leads to deportation, but certain charges and convictions can have serious immigration consequences. Crimes involving fraud, theft, domestic violence or aggravated felonies may trigger removal proceedings even for long-time permanent residents.

Spending too much time outside the country

Green card holders who spend extended periods outside the U.S. risk being found to have abandoned their residency and could face complications when attempting to reenter the country. If you intend to travel abroad for a prolonged period, consider how it may affect your immigration status before making travel plans.

Engaging in fraud or misrepresentation

Any fraud or willful misrepresentation of material facts can result in the loss of your permanent resident status, whether it occurred during your initial green card application or afterward. Immigration authorities take this seriously, and there’s no statute of limitations that protects you. This means false information, fraudulent documents, sham marriages or intentionally misleading immigration officials can create problems years later.

Failing to follow immigration requirements

Permanent residents are expected to follow immigration laws to retain their status. Failing to file taxes properly, illegally voting or failing to update your address with immigration authorities may create legal complications. Similarly, if your green card was issued on a conditional basis, failing to remove those conditions within the required timeframe could also place your lawful permanent resident status at risk. Protecting your green card starts with staying informed. If you have concerns about your lawful permanent resident status, seeking urgent professional legal support can help you avoid costly mistakes and safeguard your future in the United States.]]> On Behalf of Cuevas, Garcia & Torres, P.A. <![CDATA[Can HOA fees outlast a mortgage?]]> https://www.cuevaslaw.com/?p=48962 2026-04-30T22:32:36Z 2026-04-30T22:32:36Z not included in a mortgage payment. It is a separate fee. In some cases, miscommunication can lead to significant issues. A homeowner may believe that the HOA fees are satisfied as long as they stay current on their mortgage, for example. Or they may think that the HOA fees end as soon as their mortgage is paid off, but that is typically not the case since these are a separate fee.

Do lenders consider HOA fees?

Yes, mortgage lenders will sometimes look at HOA fees when determining how large of a mortgage to authorize. It is part of the calculation when looking at a borrower’s income-to-debt ratio. But just because this information is being considered when determining the size of the loan does not mean that the two payments are connected.

Resolving nonpayment issues

For owners and operators of homeowners associations, resident misunderstandings about how HOA fees work can lead to significant issues, including nonpayment of necessary fees. Residents who did not understand the paperwork they were signing may feel that they have been misled or that they are being asked to pay more than they thought their home was going to cost. When these types of disputes and conflicts arise, or when there are long-term nonpayment issues, it is important for all involved to understand what legal steps they can take. Seeking legal guidance is a good way to begin moving forward.]]> On Behalf of Cuevas, Garcia & Torres, P.A. <![CDATA[Can an HOA terminate a property management agreement?]]> https://www.cuevaslaw.com/?p=48961 2026-04-15T08:23:44Z 2026-04-15T08:23:44Z Who can end the contract? As the HOA board of directors, you are generally responsible for choosing and replacing the property management company. This decision must be made in accordance with your association’s bylaws. Before you proceed, review your governing bylaws. Many associations require a simple majority vote among members. However, your association may set different rules when ending an agreement. Confirming these requirements ensures your board follows proper procedures.

When can the contract be ended?

Along with your bylaws, make sure to review the management contract. It may require you to provide notice before termination. However, if the company breached its duties, you may have grounds to end the contract immediately. Additionally, identify whether you need to pay certain fees or penalties. Management companies often include terms on early termination charges. This can help you prevent unexpected costs during the transition process.

What legal issues may arise?

The biggest risks often appear after you give notice. The management company may delay or withhold access to your records or funds during the transition period. These delays can disrupt your HOA’s daily operations. You may also face disagreements about the contract itself. The company could argue that you ended the agreement improperly. It may also claim that additional payments are still owed. If this happens, you may benefit from a knowledgeable advocate to help resolve the conflict.

Handling management changes with confidence

Ending your management contract is a big decision. It not only affects the HOA, but also the community. While your board has the authority to make this change, you must follow the proper legal steps. Failing to do so can lead to costly disputes and disruptions. If your HOA is considering terminating its management company, legal guidance may help you avoid common pitfalls.]]> On Behalf of Cuevas, Garcia & Torres, P.A. <![CDATA[What should employers know to ensure I-9 compliance?]]> https://www.cuevaslaw.com/?p=48959 2026-04-06T15:43:00Z 2026-04-06T15:38:05Z Understand the requirements of these three key sections To maintain compliance, employers must use Form I-9 when bringing a new hire on board, ensuring the person can prove their identity and has permission to work in the U.S. The different sections and their respective requirements include:
  • Section 1 (Employee Information and Attestation): New hires complete this section, providing personal details and attesting to employment eligibility.
  • Section 2 (Employer Review and Verification):  As the employer, you review the employee's original documents that establish identity and employment authorization.
  • Section 3 (Reverification and Rehires): This section is for re-verifying employment authorization for current employees or for rehires within three years of the original I-9 date.
Understanding what each section covers can make the form easier to complete and help support a more organized hiring process.

Verify if your business needs to use E-Verify

E-Verify is an online system that compares I-9 information against government databases to confirm work eligibility. While federal law doesn't mandate E-Verify for most private employers, Florida businesses with state contracts or agencies may need to use it. The system provides results within seconds, though some cases require additional verification steps.

Adhere to critical timelines

Missing deadlines creates compliance risks. To avoid issues, keep these timeframes in mind:
  • Employees must complete Section 1 on the first day of work.
  • Employers must complete Section 2 within three business days of the hire date.
  • Employers must retain I-9 forms for three years after hiring or one year after employment ends, whichever is later.
Non-compliance with I-9 regulations carries serious consequences. Penalties for I-9 violations can range from significant fines for paperwork errors to potential criminal charges for knowingly hiring unauthorized workers.

Implement strict hiring and documentation protocols

Form I-9 applies to every new hire, including temporary and part-time employees. You must ensure that all your employees submit acceptable documentation as required by the U.S. Citizenship and Immigration Services (USCIS). When an employee’s work authorization expires, promptly reverify employment authorization. The Immigration and Nationality Act (INA) also requires employers to retain completed I-9 forms for a specific period. Keep them for three years after the date of hire, or one year after the date employment ends. Additionally, periodically review your I-9 forms to catch and correct errors.

Ensuring long-term compliance with legal guidance

Staying informed is your best defense against compliance issues. Navigating these rules can be complex, and legal counsel can offer guidance to protect your business and employees from potential penalties.]]> On Behalf of Cuevas, Garcia & Torres, P.A. <![CDATA[Recent changes to EB-5 under the Reform and Integrity Act]]> https://www.cuevaslaw.com/?p=48958 2026-03-23T10:33:30Z 2026-03-23T10:33:30Z For residents and investors in Florida, the EB-5 Green Card by Investment program is a popular path to permanent residency. It allows individuals to obtain a green card without employer sponsorship. However, the EB-5 Reform and Integrity Act (RIA) changed the rules governing these visas. Here is a guide to the current landscape in 2026.

How much do you need to invest?

The required investment depends on the project's location. Under the RIA, the government updates its inflation forecasts every five years.
  • Targeted employment areas (TEA): If you invest in a rural area or a location with high unemployment, the minimum is $800,000. Many parts of Florida qualify for this lower rate.
  • Standard urban projects: For projects in high-growth city areas, the minimum investment is $1,050,000.
These thresholds should remain stable for now. Investors who file before the 2027 update can lock in current rates.

Can you stay in Florida while your application is pending?

A key benefit for those already in the U.S. on visas like H-1B or L-1 is concurrent filing. This allows you to submit your green card application along with your investment petition. However, this benefit is not immediate. You may apply for a work permit and travel document, but processing usually takes four to 10 months. You must wait for these documents before you can legally work or travel abroad.

What are visa set-asides?

Set-asides are special categories that help certain investors avoid long queues based on the type of project they fund. Choosing one of the following can shorten your timeline.
  • Rural projects: These receive priority processing
  • High-unemployment areas: Common in Florida's urban developments
  • Infrastructure projects: A newer category for public-benefit works
These categories often move faster. Thus, you should still review the monthly Visa Bulletin to check availability for your home country.

Is your investment protected?

Congress has authorized the EB-5 Regional Center program through September 30, 2027. The RIA also includes a grandfathering clause for investors who file by September 30, 2026. Filing by this date ensures the government continues processing your case even if the program lapses. Source of funds rules remain strict. An attorney can help organize your financial records. They can also ensure your documents meet federal standards. This can give you confidence throughout the process.]]> On Behalf of Cuevas, Garcia & Torres, P.A. <![CDATA[Red-flag clauses to look for in a construction contract review]]> https://www.cuevaslaw.com/?p=48955 2026-03-04T13:52:57Z 2026-03-04T13:36:16Z Pay-if-paid provisions This clause establishes owner payment as an absolute condition that must be met before a subcontractor has a legal right to be paid. It is a major red flag because it shifts the entire risk of owner nonpayment directly onto the subcontractor. You could find yourself completing a project and receiving nothing if the owner fails to pay the general contractor.

No damages for delay

This provision limits a contractor’s remedy for project stalls to mere time extensions, even when the owner is at fault for the stoppage. It is risky because it bars you from recovering mounting overhead costs or labor price hikes during the waiting period. Without compensation for these delays, a stalled project can quickly turn into a significant loss.

Broad-form indemnity

Meanwhile, a broad-form indemnity clause requires one party to pay for the negligence or mistakes of the other, regardless of who is responsible. To remain valid in Florida, this clause must contain a specific monetary limitation. Unchecked indemnity can create an uninsurable gap that leaves your company's asset base vulnerable to the owner's errors.

Other risky clauses to check

Furthermore, it is crucial to look for "termination for convenience" language that allows an owner to cancel without paying lost profits. Additionally, it is critical to check for latent defect clauses that attempt to extend the timeframe for an owner to sue over hidden construction flaws. In Florida, there is a four-year limit for discovery and a seven-year hard deadline for latent defects.

Seeking to secure your project's future

Precise terms in a construction contract can help maintain the essential harmony between diligent labor and rightful compensation. However, navigating a contract review can be complex, requiring a critical perspective. By seeking legal advice, you may better shield your business from pitfalls as you seek to secure your project's future.]]>