Immigration

Decision to retain priority date on aged-out children for visa petitions

“Yesterday,the Ninth Circuit Court of Appeals ruled in favor of young adults who, due to long delays caused by visa backlogs, lost the opportunity to obtain their green cards before they turned 21. The court held that Congress specifically remedied this problem in the Child Status Protection Act (CSPA) of 2002, by allowing children who were listed on their parents’ visa petitions, but who turned 21 before a visa became available, to retain the earlier filing date of their parents’ visa petitions when new visa petitions are filed for them as adults. As the court explained, “This ensures that visas are available quickly, rather than requiring the now-adult aliens to wait many more years in a new visa line.”

The court’s ruling overturned a precedent decision of the Board of Immigration Appeals, Matter of Wang, 25 I. & N. Dec. 28 (BIA 2009), which interpreted the law as benefiting only one visa category of “aged-out” children.”  (The above information was posted by the American Immigration Council).

Yahima Suarez, Esq.
Yahima Suarez, A Law Firm, PL
info@yslawyers.com
305-456-7158

Family and Wealth Planning

Time Sharing and Parenting Plans in Florida

In Florida, we tend to continue to say “child custody” and “primary residential custody” as those were the terms used for many years. However, the law has moved from these terms and now we have “parenting plans” and “time sharing” agreements to designate visitation and parental responsibilities with the children once the parents separate and/or divorce.

Florida Statute 61.046 defines “Parenting plan” as “a document created to govern the relationship between the parents relating to decisions that must be made regarding the minor child and must contain a time-sharing schedule for the parents and child. The issues concerning the minor child may include, but are not limited to, the child’s education, health care, and physical, social, and emotional well-being.”

A parenting plan must be agreed to by the parents and approved by court or ordered by the court if no agreement of the parties. Courts continue to take the best interest of the child into account as well as all other factors involving the specific case in making decisions.

Although the statute has been changed to be more liberal in giving both parents more equal access to the children, it does not mandate that the child must spent half the time with each parent. Some judges have tried to move closer to allowing both parents to share equal time with the children when possible, but it is not mandatory. Again, the situation of the parents and the best interest of the child is always carefully analyzed on each individual case to determine the best time sharing schedule for that family. The time sharing schedule also outlines sharing holidays and other important dates for the family, vacation periods, birthdays, etc.

The parenting plan describes, in as much detail as possible, all decision making related to the children. Examples of some of these decisions are: what school district the child will attend school, major medical decisions are usually shared, permission for national and international travel and much more.

Again, every case is unique so if you have any questions about the information above and how it applies to your specific case, feel free to contact our office for a consultation to evaluate your specific case at 305-456-7158 or email us your contact information at info@yslawyers.com and one of our team members will call you to schedule a consultation.

Yahima Suarez, Esq.
Yahima Suarez, A Law Firm, PL
info@yslawyers.com
305-456-7158

Any information herein contained is only for information purposes only, it is not intended and shall not be construed in any way to constitute legal advice.

Immigration

¿Califico para Action diferida (Deferred action) si tuve un ticket de tráfico?

Una infracción de tráfico no lo descalifica de poder obtener “Deferred Action.” Ahora, hay tickets the tráfico denominados criminales, como manejar bajo la influencia del alcohol o drogas u otros que se consideran delitos menores (misdemeanors), no simples infracciones. Si usted tiene más de tres delitos menores, debe consultar con un abogado pues podría no ser elegible.

Es muy importante proveer a inmigración con toda la información sobre cargos criminales y asegurarse antes de aplicar, si su record le puede afectar adversamente.  Recuerde que inmigración va a revisar su record con el FBI y no hay nada de lo que ellos no se van a enterar.

Immigration

¿Voy a obtener residencia aplicando para Deferred Action?

No, “Deferred Action” no otorga residencia o ajuste de estatus en los Estados Unidos. “Deferred Action” le permite a la persona continuar residiendo en los Estados Unidos sin ser deportado y poder trabajar legalmente en los Estados Unidos, aplicando para un permiso de trabajo.

Immigration

Do I qualify for Deferred Action if I entered the US illegally?

No, It is not necessary to have entered the United States illegally to qualify for Deferred Action. However, if you entered the US legally, the legal status must have expired before August 15, 2012 to qualify.