Rotella & Hernandez Immigration and Family LawRotella & Hernandez Immigration and Family Law2026-08-24T10:18:00Zhttps://www.rotellahernandezlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1503935/2024/01/cropped-siteIconRH-32x32.pngOn Behalf of Rotella & Hernandez Immigration and Family Law<![CDATA[Who can qualify for an employment-based green card?]]>https://www.rotellahernandezlaw.com/?p=476112024-12-19T11:59:40Z2024-10-18T19:27:08ZPriority workers
Priority workers have the first preference when applying for a green card. This category, also known as EB-1, is reserved for extraordinary workers, such as individuals with remarkable skills in the sciences, arts or sports. For instance, outstanding professors, researchers, and certain managers and executives are included in this category. This path could be an option if you have achieved significant recognition in your field. Still, you must have valid evidence of your skills and meet other requirements to be eligible.
Professionals with advanced degrees
The EB-2 category targets professionals with advanced degrees or exceptional abilities. This can include individuals whose work is in the interest of the United States, allowing them to request a waiver of the usual job offer requirement. In other words, if you have a specific specialization that could help the country, you could receive an employment-based green card. Additionally, you must provide evidence of your abilities and review the rest of the requirements.
Trained and skilled workers
This is the broadest category of the three and the last priority. Also called EB-3, it includes skilled workers, professionals, and other workers. Skilled workers must have a minimum of two years of job experience, while professionals must have a bachelor's degree. Other workers must be able to perform unskilled labor that is not temporary or seasonal. Most applicants fall under this category. Still, they need a valid job offer and meet all the eligibility requirements.
Understanding the process
To apply for a green card through employment, you must be currently present in the United States and meet certain conditions:
File form I-485: You must submit this form to apply for permanent residency.
Legal entry: You must have entered the U.S. legally.
Visa availability: An immigrant visa must be available for you.
Job offer: Your job offer must still be available, and you must intend to take it.
Admissibility: You must be eligible to enter the U.S. or qualify for a waiver.
If you are facing the US legal system for the first time, an immigration attorney can guide you. The proceedings can be intimidating, but a professional can help you understand them and determine the viability of your case.
Securing an employment-based green card involves various processes and requirements. Whether you are a priority worker, a professional with an advanced degree, or a skilled worker, understanding the process is essential. With careful planning, you can step towards permanent residency in the United States.]]>On Behalf of Rotella & Hernandez Immigration and Family Law<![CDATA[Orden Executiva del Presidente Biden del 18 de Junio, 2024- Qué es y quien califica?]]>https://www.rotellahernandezlaw.com/?p=476032024-06-20T18:42:32Z2024-06-20T18:42:32Z¿Que es el Permiso de Permanencia Temporal (“Parole in Place” o “PIP”)?
El PIP es una forma de Alivio que protege a las personas de la deportación por el periodo del PIP. Si te otorgan el PIP puedes obtener un permiso de trabajo y estar protegido de la deportación por un periodo especifico (en este caso por 3 años).
El mejor beneficio del PIP es que puede ser elegible para solicitar su residencia permanente (Arencar) sin salir de los Estados Unidos si cumple con los requisitos.
¿Quien califica para este programa de PIP?
Cónyuges e hijos(as) o hijastros(as) menores de 21 años de ciudadanos(as) americanos que hayan estado viviendo en los Estados Unidos durante al menos 10 años.
Si cumples con las siguientes condiciones a partir del 17 de junio de 2024 puedes ser elegible para este PIP.
Se encuentra en los Estados Unidos después de haber ingresado sin permiso;
Ha vivido en los Estados Unidos durante al menos 10 años y nunca ha salido del país;
Está legalmente casado con un(a) ciudadano(a) estadounidense o tiene una relación de hijastro con un ciudadano estadounidense; y
No tiene ciertos antecedentes criminales ni representa una amenaza para la seguridad nacional o la seguridad pública.
¿Que es el nuevo programa para los soñadores (Dreamers)?
Los que tienen DACA con estudios universitarios y soñadores que reúnen los requisitos para obtener una visa de no inmigrante (non-immigrant visa) como por ejemplo una H-1B.
Los que tienen DACA pueden ser elegibles para solicitar una visa temporal mas fácilmente si:
Tienen un titulo de una institución educación superior acreditada en los Estados Unidos; y
Tiene una oferta de empleo de un empleador americano en un campo relacionado con su carrera.
Tengan en cuenta que estos programas TODAVIA NO han comenzado. Se espera que los detalles sobre como presentar la solicitud se publiquen a fines del verano.
Le recomendamos que se comunique con nuestra oficina al [nap_phone id="LOCAL-REGULAR-NUMBER-1"] si tiene alguna pregunta.
Esta hoja informativa solo es para brindar información general y no constituye asesoramiento legal. No debe actuar ni confiar en la información contenida en esta hoja informativa sin tener una consulta individual con la Abogada Patricia Hernandez.]]>On Behalf of Rotella & Hernandez Immigration and Family Law<![CDATA[Free Resource]]>https://www.rotellahernandezlaw.com/?p=461662024-02-26T21:07:57Z2024-01-22T07:22:33ZEducate Yourself on the Asylum Interview Process—Download Our Informative Free Resource
In order to be granted asylum status, you need to go through an interview with USCIS. This interview is vital to your case, and one wrong move can jeopardize your overall safety. Our free resource provides several tips to help you ace your asylum interview. Just enter your email address below and you will be given immediate access to our report.]]>On Behalf of Rotella & Hernandez Immigration and Family Law<![CDATA[A Decade of Community Empowerment Celebrating Rotella & Hernandez]]>https://www.rotellahernandezlaw.com/?p=461382024-03-19T16:38:34Z2023-09-01T04:00:00ZNora Rotella and Patricia Hernandez embarked on a remarkable journey that would lead to the celebration of the firm’s 10th anniversary. As we commemorate a decade of growth, we would also like to thank our community for helping us grow this thriving legal practice.
Our Promising Start
Nora and Patricia met during law school in 2008. The pair bonded over their shared “go-getter” attitudes and desire to help others. In the early stages, they never imagined that they would open a firm, but the fusion of work ethic and commitment to ethical practices solidified their partnership. With milestones like law school, bar exam preparations, and legal victories underscoring their journey, the firm naturally blossomed.
The initial years posed many challenges. The legal world is a male-dominated industry, and when Nora and Patricia got their start, only about 30% of attorneys were women and only 3.5% of all attorneys were of Latin-American descent. From their humble beginnings, Rotella & Hernandez emerged as a beacon of excellence, paving the way for more Latin-American professionals.
A Journey Rooted in Dreams
Both Nora and Patricia personify the American Dream. As a first-generation American and formerly undocumented immigrant respectively, they understood the importance of assisting others in securing legal status in the United States. The immigrant community is especially vulnerable to exploitation, which fueled their passion for their work, leaving no stone unturned to support their hard-working clients.
For Patricia, the challenges she and her family faced as undocumented immigrants in a new country having to learn a new language and working full time while attending college and law school, shaped her view of how important it is to work hard and provide support to those who need it most. Patricia feels most accomplished when she’s able to tell clients: “Congratulations, we won your case!” because she has helped change someone’s life forever.
As a first-generation American from Cuban immigrant parents, Nora has taken inspiration from her family’s story, which shaped the way she practices law and fights for a more just society. Her unique perspective on the struggles of the immigrant community gave her the realization that everyone deserves the best representation and affordable legal services. Needless to say, Nora works tirelessly to win cases and improve people’s lives during their most challenging times.
Attorneys For The Community
As a 100% women-led firm, Rotella & Hernandez is defined not only by its success in the courtroom, but by the deep sense of community it fosters. Women everywhere have the power to do anything, and Nora and Patricia use their strength to create lasting positive change. Their success resonates as a testament to the impact that passion, partnership, and perseverance has on the world.
As Rotella & Hernandez commemorates a decade of growth, we honor the journey that began with two determined women and their shared vision. From the challenges of a male-dominated field to the triumphs of justice for the vulnerable, Nora and Patricia’s unwavering commitment has shaped a thriving legacy. As always, our firm is here to fight for your rights and best interests. If you have questions or need guidance regarding immigration or family law, reach out by calling [nap_phone id="LOCAL-REGULAR-NUMBER-1"] today!]]>On Behalf of Rotella & Hernandez Immigration and Family Law<![CDATA[Adopting Abroad A Beautiful & Complex Journey]]>https://www.rotellahernandezlaw.com/?p=461342024-03-19T16:54:04Z2023-08-02T04:00:00ZHague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Convention). The Hague Convention is an international treaty that protects the best interests of children involved in international adoptions. Over 100 countries have signed this treaty and agree to the rules that govern the adoption process.
One of the significant aspects of the Hague Convention is that it establishes a specific process for international adoptions. It typically requires adoptive parents to work with an accredited adoption agency authorized to handle Hague Convention adoptions. The agency plays an important role in ensuring the adoption process adheres to the principles and guidelines set forth by the treaty.
Family Adoption
Ultimately, the Hague Convention makes the process of selecting a child to adopt significantly more limited. Typically children who are eligible for adoption are processed through the adoption agency first, which then work with prospective parents. Adoptive parents may be matched with a child based on several factors like the parent’s preferences and the child’s needs, which may result in having less direct control over selecting a specific child.
This can be disheartening for families in the U.S. that wish to adopt related child family members abroad. For example, if some of your family members abroad cannot take care of their child, and you wish to adopt them, the Hague Convention may limit your ability to do so unless the child is an orphan. The treaty’s principle to prioritize the best interests of the child in certain situations could be interpreted to mean that it would be better for the child to be adopted domestically.
Petitioning for Adoption
Whether you’re a family member who wishes to adopt a relative, or a family seeking a child who needs a home abroad, adoptive parents must also navigate the U.S. Immigration process to bring their adopted child into the country. This process requires obtaining the necessary visas and fulfilling the immigration requirements to establish the child as a permanent resident or citizen.
Every family’s situation is unique and the process for international adoption will look different for each family. At Rotella & Hernandez, we understand that family is important to you. We offer guidance for families who need assistance regarding international adoptions, immigration, and family law. If you need help navigating the complex legal requirements of these processes, call our office at [nap_phone id="LOCAL-REGULAR-NUMBER-1"] to schedule a consultation.]]>On Behalf of Rotella & Hernandez Immigration and Family Law<![CDATA[What You Need to Know About Florida Senate Bill 1718]]>https://www.rotellahernandezlaw.com/?p=462112024-12-19T11:59:42Z2023-06-06T04:00:00ZFlorida Senate Bill 1718 poses new restrictions for undocumented immigrants from living, working, and traveling within the state and poses threats of a criminal conviction and fines for failure to comply. Here are some of the main points contained within the bill:
State and local law enforcement must enter into agreements with U.S. Immigration and Customs Enforcement (ICE) to detain individuals suspected of being in the country illegally.
Prohibits sanctuary policies and requires compliance with federal immigration laws.
Certain employers will be required to participate in the E-Verify program, verifying an individual’s eligibility to work in the U.S. and imposing fines on those who fail to do so.
State funds are prohibited from being used to aid undocumented immigrants.
Establishes penalties for employers who knowingly hire unauthorized immigrants and requires the creation of a database of such employers.
Hospitals are required to ask patients whether they’re lawfully in the country and to collect and report on that data.
Criminalizes sheltering, supporting, or transporting undocumented immigrants across Florida’s border
Driver’s licenses from other states created specifically to permit undocumented immigrants to drive will no longer be valid in Florida.
Main Takeaway
Immigration law is constantly evolving. This makes it very unpredictable, but that unpredictability can also be harnessed for positive outcomes. Opponents of the bill warn that it will have catastrophic effects on the Florida economy and its reputation. There’s a strong possibility that this bill will face legal challenges that alter or block its implementation.
It’s important to know that if you have a valid work visa, you’re still allowed to live and work within the U.S. and no amount of profiling can take that away from you. For those impacted directly by SB 1718, remember that everyone’s situation is unique, and don’t make hasty decisions that may impact your immigration case. What may not have been possible just a few short years ago may now be possible due to changes in law and policies. Revisiting your case with an immigration attorney is your best course of action, right now.
The bill itself serves as a reminder that there is real strength in community and we have the power to change things for the better. There are still legal avenues available for people who wish to stay in the U.S. At Rotella & Hernandez, we can provide guidance on the best course of action to protect your rights and your future in the U.S. For a consultation, call our office at [nap_phone id="LOCAL-REGULAR-NUMBER-1"].]]>On Behalf of Rotella & Hernandez Immigration and Family Law<![CDATA[The Ways Outdated Parenting Plans Can Complicate Vacation Planning]]>https://www.rotellahernandezlaw.com/?p=461942024-02-23T17:36:05Z2023-05-01T04:00:00Zholidays, vacations, and the evolving needs of the children. For example, does the parenting plan consider the growing social needs and potential extracurricular activities of the children? What if one parent has additional children in a separate school district with different holiday schedules? Would having a rotating schedule help everyone better plan for future events? There is no right or wrong answer to any of these questions, and each family will require unique solutions to their unique needs.
A comprehensive parenting plan should have the framework to last the entire childhood of each child. A plan that worked for a toddler may not work for a middle-schooler, and especially not for a teen planning for college. There may be a need to create flexibility or a framework for parents to make the necessary adjustments to evolve with the growing needs of their children. These adjustments can include changes in time sharing arrangements, visitation schedules, and decision-making responsibilities.
Modification for Parenting Plans
Creating a lasting parenting plan is often easier said than done, but an experienced legal team can use their negotiating skills to start off on the right foot. It’s important to drive home the importance of starting with a comprehensive parenting plan because modifications are extremely challenging. In order for changes to be made to a parenting plan and be enforceable, there has to be a significant and unexpected change in the child’s circumstances. In order to be considered a significant or substantial change, it has to make it impossible to continue with the parenting plan in its current form. For example, if one parent is injured and becomes permanently disabled, this is likely to change their availability or ability to maintain the agreed-upon parenting plan.
The court will always prioritize the best interests of the child, so permanently changing a parenting plan because it’s simply inconvenient to either parent is not considered a significant or permanent change in circumstances. The court will also consider the proposed changes such as the children’s ages, their developmental needs, and their existing relationship with both parents. If both parents don’t agree on the changes, it is especially difficult to make a modification plan.
If you’re hoping to make a small or significant change to your parenting plan, it may not happen in time for your upcoming vacation, but starting with a comprehensive parenting plan should help families plan vacations years in advance. If you’re in the process of planning a divorce and need assistance creating a parenting plan that works for you and your ex, or would like guidance on modifying an existing plan, the team at Rotella & Hernandez is ready to assist. To schedule a consultation, call (305) 596-3618 today.]]>On Behalf of Rotella & Hernandez Immigration and Family Law<![CDATA[New Parole Programs for Cubans, Haitians, Nicaraguans, and Venezuelans]]>https://www.rotellahernandezlaw.com/?p=461782024-02-23T17:36:25Z2023-04-05T04:00:00ZI-134A, and has been vetted by U.S. Immigration and Immigration Services (USCIS). This policy is essentially an additional family sponsorship process, making it easier to reunite families, but anyone who has the ability and desire to support those seeking parole may apply as a supporter no need to be related by blood. The additional requirements for beneficiaries include, but are not limited to:
Posses a valid passport
Arriving from outside the U.S.
Pass national security clearance
Must be from Cuba, Haiti, Nicaragua, or Venezuela or the spouse, common-law partner, or child under 21.
Becoming a Supporter
In order to support an individual or family within the parole program, you have to provide evidence that you have the financial means to support the parolee(s) during their entire parole period. Filing Form I-134A is free, but the form can be tricky to complete and has many requirements. In addition to financial support, the supporter must also lawfully reside within the U.S. or its territories, submit to a background check, and an extensive vetting process through the USCIS. Entities, such as higher education institutions, may also become supporters but must apply through an individual proxy.
Reuniting families and providing humanitarian aid is important to building strong and diverse communities and is part of American culture. Becoming a supporter or a parolee can be an overwhelming and confusing process, especially when time is of the essence. At Rotella & Hernandez, we understand and appreciate the needs of individuals and families seeking entry to the U.S. For a consultation, call today at (305) 596-3618.
]]>On Behalf of Rotella & Hernandez Immigration and Family Law<![CDATA[Navigating the Immigration System for LGBTQ+ Couples and Their Families]]>https://www.rotellahernandezlaw.com/?p=461752024-12-19T12:01:47Z2023-03-01T05:00:00Zimmigration law, contact us today for a consultation.]]>On Behalf of Rotella & Hernandez Immigration and Family Law<![CDATA[What Must Be Proven to Win Your Asylum Case?]]>https://www.rotellahernandezlaw.com/?p=462212024-06-20T19:37:26Z2023-02-02T05:00:00Z
Affirmative Process: Once you arrive in the U.S., you apply for asylum and then begin fingerprinting and background checks. After completion, you will be interviewed by an asylum officer, then they will determine if you can be granted asylum or if they will refer your case to the immigration court.
Defensive Process: An application for asylum that is used as a defense against removal/deportation from the U.S. This can happen if you have been referred by an asylum officer to the immigration court after a credible fear or affirmative asylum interview, or if you were apprehended while entering the U.S, or without documentation while in the U.S. This process is commenced in court before an immigration judge, government officials, yourself, and an attorney. The judge will determine if you are eligible for asylum.
Credible Fear Interview: This is an interview where an asylum officer will determine if you can establish before an asylum officer or an immigration Judge a “significant possibility”, that you have been persecuted or have a well-founded fear of persecution in your home country.
Proving the need for asylum
When experiencing persecution in your country of origin, it is obvious to those around you that asylum is the best option. While in the U.S. you have to paint a picture for government officials. There are specific documentary burdens placed on asylum seekers due to the REAL ID Act. This law created the requirements to qualify for asylum as well as the required evidence to prove persecution. In addition to obtaining proof, applicants must appear to be “credible.” That means that officials will judge more than just the evidence put before them, but also the way you look and act to determine if they believe what you are telling them.
The evidence must include the applicant’s testimony about their situation. Examples of evidence of persecution should include personal testimony regarding how your life has been affected and outline real-life situations that have caused you to believe that you are in danger. Although personal testimony alone is sometimes sufficient, it’s up to the immigration authorities to accept or deny your testimony. Each asylum seeker must heavily rely on gaining as much corroborating evidence as possible, including documented testimony from those who experienced or witnessed the persecution. For example, if you were routinely beaten by law enforcement or local groups, you may be required to obtain corroborating testimony from your neighbors or family members to qualify as proof.
Immigrants have already been through a great deal of persecution and hardship, and the process of applying for asylum alone can be a traumatic experience. Attorney Patricia Hernandez has been representing asylum seekers for over 11 years both at the Asylum Office and at Immigration court. For effective and empathetic legal counsel, visit our website or call [nap_phone id="LOCAL-REGULAR-NUMBER-1"] for a consultation.]]>