Attorney Marcela C. Rodriguez, informs her

Marcela C. Rodríguez Esq.
Immigration Attorney Miami


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Attorney Marcela C. Rodriguez, informs her

Given the events of the weekend January 2017, by the executive orders of the new government regarding immigration, I would like to say the following:
1. My solidarity with the nationals of certain countries who have been affected by detentions at the airports and ports of the country. While the security of the country is paramount for all, I consider that the way it is implementing is NOT adequate and the fear and uncertainty in the population.
2. Executive orders include the detention and interrogation of permanent residents born in the countries indicated in the executive mandate, even if they have not been allowed to travel to the United States.
3. On Saturday (Jan 28) in the afternoon a Federal Judge placed some parts of the executive order in the part corresponding to the deportation of the national foreigners, that is to say, not to be deported only by the executive order.
4. On Sunday (Jan. 29), the Department of Homeland Security issued a statement in which Secretary Kelly states that admission to the United States of Permanent Residents born in those countries as a “national interest”, therefore, Residues Permanent Residents who are those who are not a threat to the security of the country, are admitted as always.
5. Those individuals with visas who serve interrogated until there is no child in the security of the country.
Friends, live different times. Action is needed. I do not disagree with the marches, if they are peaceful of course. But I think it’s more effective. Take the phone and call our Representatives and Senators and express our dissatisfaction. While it is true that our Hispanic countries are not on the list and “ours” are not affected, we do not know if at some point our country of origin will fall on that list. Solidaricémonos with the friendly and humane treatment to the foreign visitor and to the immigrant, of any country that this sea.
The time has changed. If you are a permanent resident of this country, you are already 4 years and 9 months as such, or more, and have not made you an American citizen, what do you expect? You do not need to hire an immigration lawyer to do this, but if you are going to hire someone, let them be an immigration lawyer. If you have problems with the law, problems with child support, or many trips abroad, seek professional advice.
It is time to report on our rights, duties and possibilities to solve our migratory problems. Please look for official sources and professionals to do so.

NOTE: For more information consult our immigration lawyers in Miami, FL (786)-347-6474

Felipe R

Marcela C. Rodríguez Esq.
Immigration Attorney Miami


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Felipe R – Commentary

Excellent Advice. A lawyer very professional and with high levels of ethics. Since Our Beginnings in Venezuela we have been legally assisted in Immigration material, obtaining our L1 (Investor) Visa, later our Residence.

Newspapers – Immigration Dilemma

Marcela C. Rodríguez Esq.
Immigration Attorney Miami


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Newspapers – Immigration Dilemma

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.

Allan Vindel

Marcela C. Rodríguez Esq.
Immigration Attorney Miami


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Allan Vindel – Commentary

Thanks to the lawyer Rodriguez and her team for the efficiency and effectiveness with which they handled my case! I recommend your immigration services, among the alternatives I had when I started my case, I chose them and it is one of the best decisions I have made in my life!

Immigrant again

Marcela C. Rodríguez Esq.
Immigration Attorney Miami


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Immigrant again

Arriving at the Miami, Florida airport can be intimidating for those who arrive with plans to stay for a specific or indefinite time. So many emotions make us very sensitive to the stern look of the immigration officer on duty.

On seeing my passport the immigration officer closed his eyes and said, “Oh no, a student!” And frowned over my documents.

I remember traveling in first class, thanks to an over-sold flight. I flew comfortably without having to fight for the blanket. What a good omen, I thought.

The immigration officer took out a magnifying glass to examine my passport. “Any problem?” I said as a red light flashed over our heads. I was led to a room full of people who waited with anguished face. The good omen ended quickly.

Finally I heard my name: “Welcome to the United States,” said another Immigration Officer handing me my passport. I left quickly, confused by this experience.

Now I understand what happened. United States immigration law assumes that every person who arrives is an immigrant, that is, he comes to stay unless proven otherwise. No matter what visa you have, the officer can continue to question us about our stay plans and must determine if we fall into any of the assumptions (economic, health, or security) that prohibit us from admitting. This is the so-called First Inspection.

At the discretion of the officer, the traveler will be taken to a Second Inspection if he needs more information or to examine documents. Apparently, the officer saw something strange and requested the second inspection of my passport. When everything was in order I was admitted without problem.

If at any entrance to the country you are taken to a Second Inspection, do not be nervous. Answer the questions, submit the requested documents and never give inaccurate information.

No matter if it comes first or economy class, the important thing is what happens next, with work and commitment, starting from scratch.

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

Visa from Visitors the United States

Marcela C. Rodríguez Esq.
Immigration Attorney Miami


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Visa from Visitors the United States

Strategies for obtaining a Visitor Visa to the United States

You will probably have heard more than once stories of people who the US Consulate rejected when applying for a visitor visa.

Contrary to popular belief, it is not a matter of luck to be approved. The Consulates base their decisions on the United States Immigration Law and its regulations. The Immigration Act presumes that any person applying for a visitor visa intends to migrate to, ie stay in, the United States.

It is the job of the person requesting the visa to convince the consulate officer that the trip is temporary and that his intention is to return to his country of origin.

The interview with the Immigration Officer of the Consulate is the only opportunity that the applicant has to convince him. Applicants come with purchased airline tickets, invitation letters from relatives or friends in the United States, and complete travel itineraries throughout the country.

But even more important than this is to be able to prove to the Officer that the applicant maintains ties with his country of origin that he is not willing to abandon. It is not so important to prove that there are valid reasons for traveling as to show that there are much more compelling reasons to return to your country.

Having properties, employment, family, assets, bank accounts, insurance, projects in your country, will facilitate the approval of a visitor visa. This visa does not authorize the traveler to work in the United States, so it is important to prove that you have money to pay for the trip and stay, or that there is a person in the United States who is responsible for these expenses and in turn is made Responsible for the return of the traveler within the specified time limits.

The Immigration Officers of the Consulate interview people, not documents, so while it is important to document all of the above, it is equally and even more important to be able to express the intention to return to your country in a succinct and clear way. Many times this is what determines the success of an interview.

And above all, under no circumstances declare or present anything inaccurate or false to an Immigration Officer of the Consulate. This can be considered fraud and bring with it criminal complaints.

Be prepared to show with documents any statement made to the Officer.

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

Migration Process

Marcela C. Rodríguez Esq.

Immigration Attorney Miami


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Migration Process

Domestic Violence and the Immigration Process

Physical or emotional violence from one spouse to another can lead to great distress and trauma in the life of the victim. And if the victim is an immigrant who depends on the abusive spouse to obtain his or her residence, we are adding an element of tension to the victim and power to the victimizer.

The Violence Against Women Act (VAWA), although not named, is also extensive for men who are victims of abuse. Because of this law, there is a possibility that a person who is a victim of physical or emotional abuse by a US citizen or Resident spouse may apply for residency without the need for the abusive spouse to participate in the process under certain circumstances and to obtain evidence To support this abuse.

In these cases, not only should the abuse be proven with documents attesting to the facts, but it should also be documented that the marriage was initiated with the aim of living a common life and in good faith, just like any other marriage. Consult with an attorney about the type of evidence that must be presented as evidence of abuse.

If the victim and abuser have already been divorced, and the divorce was as a result of physical or emotional abuse, the petition may be filed within two years of the divorce. The divorce after filing a petition of this type will not automatically deny the petition, or will revoke a petition already approved. However, remarriage before obtaining the residency will result in a denial or revocation.

If you are reading this and feel threatened or victimized by physical or emotional violence, seek help. Call the National Domestic Violence Protection Line at 1-800-799-7233, available 24 hours a day, seven days a week, for free throughout the United States. The attention is in English or Spanish, with access to translators in 139 languages.

If you are going through a similar situation for fear of physical aggression or emotional harm to yourself or your children, you do not have to expose yourself to it. There are ways to achieve residency without having to depend on who is harassing you. No one has to live in fear of any kind.

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

The L-1 work visa

Marcela C. Rodríguez Esq.
Immigration Attorney Miami


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The L-1 work visa

The L-1 Work Visa: Quick and practical solution for qualifying companies.

A visa widely used by Latin Americans is the L-1 visa. This visa allows the transfer of the worker of a foreign company to a subsidiary company of the first in the United States in a managerial / executive position or specialized knowledge.

The requirements for this visa are that the future employee must have been employed abroad by a subsidiary company, affiliate, subsidiary, or branch of the Company requesting the worker in the United States, for a period of one continuous year during the three Years immediately preceding the date of the request. The position also had to be managerial / executive or specialized knowledge.
The important thing in this visa is to determine if the relationship between the two companies, the foreign one and the one constituted in the United States, qualifies to request an employee under the L-1. It is not necessary that the companies are of the same field or branch, the essential thing is that there is effective control of one over the other. Among the factors that may help to establish if the relationship between companies empowers the presentation of an L-1 visa are:

1. Majority of shares in both companies under the same person (natural or legal)
2. The same name
3. Sharing or transferring personnel from one company to another on a regular basis
4. Joint Directors
5. Sharing technological or financial resources
6. Size and recognition of companies.

Among others.
Immigration usually awards this status in two or three months (although it may be delayed due to persistent and continuous workload). It can be requested the Premium Process that for the payment of a greater rate offers a response in 15 calendar days. After approval, the employee must approach the United States consulate in their country to seal their L-1 visa in the passport.
If the employee is in the United States under a valid immigration status other than L-1, a change of status must be filed in conjunction with the employer’s request for L-1. After the approval of both, the employee must necessarily have his visa stamped in the United States consulate in his country.

The L-1 Visa is generally approved for an initial period of 3 years, unless the company in the United States is considered a start-up business, in which case the L-1 visa will be issued for a period of one year. The L-1A (managerial / executive) visa can be extended for up to 7 years; The L-1B visa (specialized knowledge) can be extended for a total period of five years.
The employer is not required to retain the employee for seven or five years. The employer / employee contractual relationship is free and can be terminated at any time by the will of either party or as stipulated in the private contract between both parties. If the contractual relationship ends, the L-1 visa also ends. But if the contractual relationship lasts for seven or five years, the employee must remain outside the United States for 1 year to be eligible to apply for a new L-1 visa.

Dependents of the L-1 individual are their spouse and minor children, who will have an L-2 visa, which will allow them to study in the United States without having to change status to a student. It also allows the L-2 (spouse) to work in the United States. Consult with an Immigration lawyer to receive legal advice on your particular case.

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

What you need to know before applying for citizenship

Marcela C. Rodríguez Esq.
Immigration Attorney Miami


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What you need to know before applying for citizenship

Applying for citizenship of the United States is one of the most direct and simple procedures that can be performed before Immigration, as long as the necessary requirements are met:

Be at least 18 years of age
Be a green card for a minimum of 5 years (3 years for married US citizens)
Have good moral character
Have been in the U.S. For at least 30 months in the last 5 years.
Demonstrate ability to read and write in English (basic level) (with exceptions)
Pass U.S. history and civics exam (With exceptions)
Pledge allegiance to the U.S.
Generally the subject is complicated when Immigration finds indications that the requirements of permanence in the country or of good moral character have not been fulfilled or are in question.

Consult with our immigration attorneys in Miami or Charlotte if you want to start with your citizenship process and you are in any of these cases:

Has been out of the country for 6 months or more.
He has lived in another country since obtaining permanent residence.
You have had deportation orders in the past.
You have not filed or paid taxes.
He has not kept his children younger.
If he is a man, he did not register for military service between the ages of 18 and 26.
He’s on PROBATION for the court.
He has had arrests, IUDs, he has committed crimes.
He has declared that he is an American citizen on an official payroll.
He has been charged with domestic violence, child abuse or neglect.
He has voted illegally in the U.S.
He has been an illegal gambler.
It has helped someone to illegally enter the country, even if it is a relative.
He has been involved in prostitution.
He has been a habitual taker, drug addict, or committed drug abuse.
It is possible to continue the procedure in most of the cases indicated, but it will be necessary for an immigration lawyer to advise you before filing your application for citizenship with Immigration. Do not risk doing it alone since it could even jeopardize your Permanent Residency.

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

The Trade Treaties and the E

Marcela C. Rodríguez Esq.
Immigration Attorney Miami


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The Trade Treaties and the E

Are you a citizen of Colombia, Argentina, Bolivia, Chile, Costa Rica, Spain, Honduras, Mexico or Paraguay? Do you have plans for a business and money to invest in the United States? The E Visa (Treaty Traders and Treaty Investors) can be a means to make your dream come true.

The countries mentioned are among the many that have signed Trade Agreements with the United States, empowering their citizens to apply for temporary visas to conduct trade or investment business in the United States.

 The Visa E
Unlike the Permanent Resident Visa for Investors, Visa E is temporary and does not require a minimum investment or commercial exchange capital.

There are two types: E-1 for trader and E-2 for investor. Both are designed to pursue long-term business objectives. They are generally issued for 5 years and there is no limit on the number of extensions that are requested provided that the conditions for the individual qualify are in force and the Treaty between both countries remains in effect.

The spouse of the merchant or investor can apply for an employment authorization and unmarried children under 21 can study without changing their status. It is not necessary that these relatives have the nationality of the signatory country of the treaty.

E-1 Merchant Visa
In order to qualify, it is necessary to be a citizen of the signatory country, or if it is a company, at least 50% of its shares must be in the hands of nationals of that country.

More than 50% of the international trade of the company must be between the United States and the country of the Treaty. For this Visa “Commerce” is a fairly broad concept, including the exchange, purchase or sale of goods and services; technology; And contracts already signed that compromise this exchange. This trade must be in force and must be continuous.

The individual must be the principal merchant, or an executive, manager, or employee with essential skills essential to the company.

E-2 Visa for Investor
In order to qualify, it is necessary to be a citizen of the signatory country, or if it is a company, at least 50% of its shares must be in the hands of nationals of that country.

The individual or company has invested or will invest substantial capital (in relation to the total value of the company) in a legitimate business or business in the United States.

The individual must be the principal investor who will direct and develop the company, or an executive, supervisor, or employee whose services are essential to the efficient operation of the business in the United States.

The investment must have the capacity to generate more than enough income for the E-2 Investor and his family, or have the capacity to contribute significantly to the local economy.

The process is before the Consulate of the United States in the country of origin, so it is very important to present a Business Plan for the next 5 years.

The franchises fall as a ring finger for this category of visa since being established businesses, it becomes less complicated to try before the
Consulate that the investment has the capacity to generate income.

conclusion
E visas are a possibility that is not very well known or used. The definition of TRADE for the E-1 visa is very broad and is not limited to the exchange of goods, services, international banking, insurance, transportation, communications, data processing, advertising, accounting, design, engineering, tourism, some The media.

With regard to Investment for the E-2 visa there are not many restrictions, except that the funds must be at risk and can not be a direct or indirect product of illegal activities. Likewise, it can not be a passive investment and must be of the business type, ie for profit.

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