Marcela C. Rodríguez Esq.
Immigration Attorney Miami

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Unlike past times, when immigrating to the US was practically a right, the great northern country closes its doors every day. Increased requirements and border surveillance. There are twelve million undocumented people in limbo and no one agrees to give them a solution. Even Florida is pushing for a law to keep undocumented people away. Topics that we bring to the table of the lawyer Marcela C. Rodríguez, specialist in immigration laws.

The first question is what will happen to so many immigrants without a work or residence permit. Will there be an amnesty sooner or later?

"It is not wanted to raise another antecedent of amnesty", said the lawyer. "It is a very controversial political issue that in times of election for Congress is even more complicated. I think they should eliminate the term of amnesty. Change it for general reform, for example. That way it would work better. "

Some accuse the GOP, others to the Democrat in the absence of legislation that solves the problem. Even President Barack Obama, who previously vowed to get so-called pardon this year, does not set deadlines now.

There is also the weight of public opinion. More than half of the American population disapprove of the amnesty and calls for protection from the avalanche of foreign cultures, mainly Hispanic. An approach that turns out to be politically incorrect, but it's the reality that seems to create the dilemma in Congress.

We do not want to raise another precedent for the protection of the frontier of the country because that is where undocumented immigrants come from, "said the doctor in law, graduated from the Catholic University of Peru and specialized in University of Miami, as well as Florida International University.

However, "according to data from the Pew Hispanic Center, almost half of the 12 million undocumented immigrants entered the United States legally. That is, with some type of visa that allowed them a temporary stay as a visitor, student or worker, "(although they later decided to stay illegally when their visas expired). "So it's not entirely a border security problem," he said.

Let's go back to the amnesty. "At the moment, I think there will only be minor reforms like the DREAM Act or something similar to the 245 (I) that benefited those who entered with some type of visa and stayed," said the lawyer.

In fact, the DREAM Act, which advocated mostly for students with good academic and moral standards who came to the US illegally as minors; Was recently rethought in the Senate of the Nation.

"I do not think he was rejected. I think it was not approved for being part of another law that was rejected, "he opined. The revocation of the National Defense Authorization Act (Do not Ask, Do not Tell)

Dick Durbin, a senator from the state of Illinois, has rethought the youth project as such. This proposal will be returned to the plenary assembly for a vote in the near future.

"The key to the expected success for the DREAM Act lies in the innocence of these young people. They came from the hand of an adult and are not guilty of having entered the US illegally, "said the immigration law expert.

"Something will have to be done sooner or later," he said. "Undocumented people have no vote, but their friends do," said lawyer Marcela C. Rodríguez.

Within such adversity, the improvement of the service in the Immigration offices stands out. "It has improved a lot since decentralizing the service," he claimed. "Before we had a dependency in Miami that served all this great region. Now we have three branches, distributed in north, south and center. Even another one in Broward County. This makes work easier and reduces waiting time. " It takes more than fifteen months to apply for citizenship and today it does not reach five per norm.

Even the process of residence by marriage right takes four to five months today. "Here we must mention how the crisis of the economy affects the couple and the application process," he said. "I have noticed a substantial increase in divorce due to economic problems and before the completion of two years of conditional residence," he said. An increase that the immigration specialist places at 60 percent.

In such a case, if the marriage ends before the age of two, the person concerned is obliged to prove that the marriage was in good faith for the duration of the marriage. How do you do it? You must convince the judge with sufficient evidence to prove it.
Another issue of interest is the loss of the Residence. The famous Green Card, which is no longer green. Deprivation that grows in numbers. Those who are only legal residents and absent from the US for more than twelve months are usually detected upon return. Situation leading to loss of legal resident status and immediate deportation in the absence of the document or visa to enter.

"The time has changed"

"Times have changed," he said. "Before there was no exit control, now," he explained. "The airline reports who and when it travels abroad." That way, Homeland Security, which handles immigration issues, knows the length of time a resident is out of the country. "That is why the law specifies that if you delay twelve months you lose the right. Even if you are only six months away you can be subjected to an interrogation, "he added.

"The United States, as a sovereign country, has the right to decide who or how can enter or remain in the national territory," said the doctor in laws. "But there are rules that do not work and should change," he said. Norms like the limbo in which are found the undocumented.

NOTE: For more information consult our immigration lawyers in Miami, FL (786) -347-6474; Or Charlotte, NC (704) -469-6746.

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