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New Immigration Laws and enforcement guidelines

Immigration and Customs Enforcement (ICE) is a U.S. government agency that enforces federal immigration laws including border control and immigration. ICE agents conduct work all around the United States, but especially in areas within 100 miles of an international border.

In the Miami-Dade area, ICE agents have stepped up their activities. Individuals approached by an ICE agent could be taken into custody and held indefinitely during immigration hearings.

During immigration court proceedings, you are not entitled to a lawyer. Immigrants facing these proceedings will usually only have legal representation if they can afford the costs on their own.

For this and other reasons, many people decide that the best thing to do is to carefully manage situations that might draw ICE attention.

It’s important to understand what your rights are in Miami-Dade if you are approached by ICE.

Luckily, you have legal rights in America even if your immigration status is unclear.

What to Do If Immigration Agents Come to Your Door in Miami-Dade

If officers come to your door, keep the door closed. Ask whether they are ICE agents and why they are there. Opening the door does not give agents permission to enter the building, but it is always safer to speak to agents through the door.

What to Do if Immigration Agents Want to Enter Your Home or Business

If agents request to enter, ask to see a warrant signed by a judge. The warrant can be slipped safely under the door. It does not need to be handed directly to you. If there is no warrant, you do not need to open the door or let agents inside. You also do not need to answer their questions.

What to Do if Immigration Agents Appear to Have a Warrant to Enter

ICE agents may mislead you or misstate what kind of document they have. If a warrant is real, a line at the top should clearly tell you what court it was issued by. A line at the bottom should have the signature of a judge.

Sometimes, agents may try to provide you with a document signed by an ICE or Department of Homeland Security employee. This is not a court order. You are not required to allow agents inside based on these documents.

An ICE “Administrative Warrant,” also known as Form 1-200 or Form 1-205, does not allow ICE agents to enter any premises.

What to Do if Immigration Agents Force Their Way In to a Home or Business

Do not attempt to resist ICE agents. You may be met with extreme force.

Do not answer any questions posed to you by ICE agents.

Remember these three safe phrases:

  • “I do not consent to your entry or search.”
  • “I am exercising the right to remain silent.”
  • “I want to talk to a lawyer as soon as possible.”

Also remember: Anyone else on the premises may also exercise their right to remain silent!

Finally, be cautious not to do any of the following:

  • Do not lie or provide false documents of any kind.
  • Do not sign any papers without a lawyer’s advice.

Get Immigration Law Help in Miami-Dade

Unannounced workplace “raids” and traffic checkpoints in the Miami-Dade region have led to uncertainty and heartache for thousands of people. The best way to defend yourself is to get the legal advice and representation you need.

To find out more, contact us today. We look forward to helping you.

Immigration Laws miami

FERRETJANS LAW, IMMIGRATION LAWYER IN MIAMI AND BROWARD
Material presented on the PFLAWOFFICE.COM website is intended for information purposes only. It is not intended as professional advice and should not be construed as such. This website is not intended to be advertising and [law firm] does not wish to represent anyone desiring representation based upon viewing this website in any state or jurisdiction where this website fails to comply with all laws and ethical rules. Material presented on the FERRETJANS LAW website is intended for information purposes only. It is not intended as professional advice and should not be construed as such

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Tenants  have certain rights when it comes to their security deposits in Florida. The following is an overview of the law that governs the return and/or claims to security deposits in Florida.  The law Florida Statute 83, section 49, governs the process for recovering a security deposit.

Our team at Ferretjans Law Office can help in handling security deposit disputes.

  1. When must a landlord return a security deposit to the tenant?

According to the strict procedures laid out in the Florida Statute 83.49, the landlord must either

  1. a) Return the security deposit within 15 days after the tenant moves out; o

  2. b) Within 30 days from the move out date notify the tenant in Writing by certified mail to the tenant’s last known mailing address of the landlord’s intention to impose a claim on the deposit.  The Landlord must provide detailed reasons for imposing the claim.
  • What are the Tenant’s options after they receive the landlord’s written notification?

After the tenant receives the notification from the landlord notifying them of the intent to claim rights to the deposit held,  the tenant has 15 days to object to the claim.

The objection must be in writing and sent via certified mail. If the tenant fails to object within the 15 days, then the landlord may proceed to apply the security deposit to the damages claimed.

  • What happens when the Landlord fails to give the required notice within the 30-day period?

The landlord forfeits the right to make a claim upon the security deposit and may not seek a set off against the deposit, however the Landlord may file an action for damages in a court of law after the return of the deposit.  

But, the most important point is that regardless of whether Landlord has legitimate reasons to claim rights to the security deposit, landlord must act within the required time period or return the deposit to the tenant.

  1. What happens when Landlord neither notifies nor returns the deposit to the tenant within the required period in Florida?

When the landlord fails to return the deposit, the tenant may proceed to file a lawsuit. The tenant can either hire a landlord-tenant attorney or file without an attorney. If the amount owed is less than $5000, the tenant can file lawsuit in a Florida Small claims court.  

Under Florida law, if either the landlord or the tenant files lawsuit to claim rights to the security deposit, the prevailing party has the right to receive his or her court costs plus a reasonable fee for his or her attorney.  

Landlords who fail to follow the required procedures outlined above might find themselves in situations where court costs and attorney’s fees might be significantly more than the amount of the security deposit.

If you are a landlord who was sued or received a demand letter from an attorney, we urge you to contact our office to review your case and make sure you are in compliance with the law in Florida.

If you are a tenant who believes your landlord wrongfully kept the security deposit, call us for a FREE consultation, call us now at 305-925-0811.

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Material presented on the FERRETJANS LAW website is intended for information purposes only.  It is not intended as professional advice and should not be construed as such.
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In Florida the law is pretty clear that one who gives an engagement ring (e.g. man) is entitled to recover it, if:

A. The engagement is unjustifiably broken off by the person accepting it (e.g. woman) or

B. Cancelled by mutual consent of the parties.

The premise of this principle is that acceptance of the ring is contingent on the woman marrying the man.

Hence, as usual simple principles can get complicated, when “what if”….

Then, what if the donor, “Jacinto”, proposes to his long-time girlfriend “Ramona”, but the proposal and acceptance of the Beautiful 5 karats ring is during a holiday, “Christmas, Valentine’s day”?

Again, as usual, this may give rise to an exception where Ramona might be able to keep the ring if she proves that Jacinto called off the wedding or  that the ring was a Christmas Gift and not necessarily premised on the condition of her marrying Jacinto.

To summarize, it can be said that in a lawsuit in Florida to recover an engagement ring it DOES matter who calls off  the engagement. The purchase of an engagement ring in contemplation of marriage represents a major investment.

In Florida, upon a broken engagement or failed marriage, the tendency of the courts has long been to apply contractual principles.  The courts view the giving of an engagement ring as a conditional act.  If the marriage is fulfilled, the condition is met, and the ring is the property of the person who accepted it (donee spouse).

For more information, consult an experienced Family law attorney in Florida.

We are here to help you, request an evaluation of you case here 

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JEFF SESSION WANTS TO REOPEN AND RECALENDAR OVER 350,000 IMMIGRATION CASES

administrative closures

During decades, over 350,000 deportation cases with different Immigration courts around the United States were temporarily closed. These closures are called, Administrative closures.  

Administrative closure is not a form a relief from deportation and does not provide the immigrant in deportation proceedings with any legal status.  

The process is merely a procedure that TEMPORARILY removes a case from an immigration judge’s docket.  Most of the time is due to the possibility that the person in deportation proceedings has some relief from deportation outside the jurisdiction of the court and/or may not be resolved for a significant or undetermined period of time.  This procedure not only assisted thousands of immigrants to reasonably obtain the deportation relief and protection available to them, but also assisted Judges to move through cases more quickly.

However, last Thursday, May 17, 2018, Attorney General Jeff Sessions decided that the whole process of closing cases administratively is illegal. Immigration judges “do not have the general authority to suspend indefinitely immigration proceedings by administrative closure,” Sessions wrote in the decision, which was an effort to eliminate judges’ ability to close immigration cases.

At Ferretjans Law, our Immigration lawyers in Miami and Broward, strive to assist immigrants in deportation proceedings.   After this decision, a person whose immigration case was administratively closed is now likely to receive a notification from the court informing them that the case has been re-schedule and their appearance in front of the Immigration Judge is required.

It is imperative for those that receive those notifications or know that their cases were under administrative closures to contact a knowledgeable Deportation / Immigration lawyer in Miami or Broward to fully assess any and all relief from deportation, including but not limited to:

  • Re-assessment of Country conditions
  • Change in circumstances – fear or threat to be persecuted or tortured in their country of origin.
  • Family petitions  ( family petition, cuban adjustment act, marriage to a United Citizen, child born in the US is now  21 yrs old or more, pending family petition is now up to date for filing, etc.)
  • Change in criminal convictions ( pleas vacated)
  • Victims of domestic violence (self-petition)
  • Victims of Serious crimes
  • Waiver and hardship is now available.

Please, it is very important to know that the fact that before there were no relief from deportation available does not stop a person placed back in Immigration court to meeting with a knowledgrable Immigration / deportation defense attorney to assess their current situation.

 

Many times at Ferretjans Law Office, we meet clients that have been undocumented for years not knowing that they were eligible to become legal under the protection of the immigration laws.

 

No matter the circumstances, it is important to act quickly, especially if the person has an outstanding order of deportation or was convicted of serious crimes.  Know all your options and rights before accepting a Deportation order.

 

Ferretjans Law Office, Immigration lawyers, provides case-by-case evaluations at the detention centers in Krome, Glades, Broward transitional center (BTC),  or Orlando Detention Centers.

Call us to schedule a Free of Charge Deportation Defense or Immigration Bond evaluation at 305-925-0811.

 

FERRETJANS LAW, IMMIGRATION LAWYER IN MIAMI AND BROWARD

Material presented on the PFLAWOFFICE.COM website is intended for information purposes only. It is not intended as professional advice and should not be construed as such. This website is not intended to be advertising and [law firm] does not wish to represent anyone desiring representation based upon viewing this website in any state or jurisdiction where this website fails to comply with all laws and ethical rules. Material presented on the FERRETJANS LAW website is intended for information purposes only. It is not intended as professional advice and should not be construed as such

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What is a Parenting Plan?

Parenting Plan Miami and Broward

A Parenting Plan in Miami is a written document that is created to address the way the parents relate to one another about the decisions made regarding their child(ren), and includes a time-sharing schedule that dictates when the children will be spending time with each parent, including overnights, weekends, special occasions, holidays, vacations, and summer breaks.

Moreover, a detailed Parenting Plan will provide the what, who, how, and when decisions and actions will be made concerning a minor child(ren) whether the parents are divorced, divorcing couples, separated, never married parents, and same-sex couples.

Also, included in the Parenting Plan is how often and the method of technologies that the parents will use to communicate with their child(ren). For example, texting, email, telephone, Snapchat, Facetime to name just a few. Remember, the Parenting Plan can be as flexible or a rigid as you need it to be but must be aimed at supporting your child(ren) based on their individual needs, personalities, age, sex and preferences. If a Plan can be developed and mutually agreed to by the parents, then it only needs the approval of the Court to be binding.

However, if the parents cannot agree, the time-sharing schedule shall be established by the Court’s determination.

Note: it is important to know that a signed and fully executed Parenting Plan by the parents is a legally enforceable contract even without the Court’s approval.

In October of 2008, the concept of child custody was abolished in Florida.  The concepts of Custody, Primary Residential Care, and Secondary Residential Care have been replaced with the concept of Parenting Plans and Time-Sharing. Share parental responsibility is the legal presumption in Florida.

The Court believes that both parents should be actively involved in their children’s lives, education, religious upbringing, health and welfare.  Unless one parent is truly unfit, the Court will grant shared parental responsibility. Therefore, both parents will together jointly be raising their child(ren). The best interest of the minor child is the bottom line standard that the Courts consider in making Parenting Plan determinations.

The Judge has wide discretion in a making decisions as to what is the best interest of the minor child(ren). Unfortunately, many parents get caught up in their own wants and needs of their perceived “rights”, and tend to forget that the Court is only concerned with what is in the best interest of their children.

Parenting Plans are some of the most challenging and difficult aspects of a divorce case in the State of Florida.  Moreover, for a parent it can be a terrifying, frustrating and demanding process all rolled up in one. Always keep sight that the main goal of a Parenting Plan is to make co-parenting easier for the whole family.

Here, at Ferretjans Law, family law and child custody lawyer in miami and broward,  we understand what you are going through, what you are feeling, and what you want for you and your child(ren). I have seen firsthand the Judges make these decisions for parents simply because the parents could not make their children’s decisions on their own.  We will walk you through the process methodically and give you the best possible advice empowering you to make the best choice for your child(ren). We have a full team in house, Family mediator, Parenting Coordinators, and counselors to assist you and your family.

If you have any additional questions about Parenting Plans, please contact our office in Miami or Broward  at 305.925.0811 to schedule an initial consultation or go to our contact page.

FERRETJANS LAW, IMMIGRATION  AND FAMILY LAW LAWYER IN MIAMI AND BROWARD
Material presented on the PFLAWOFFICE.COM website is intended for information purposes only. It is not intended as professional advice and should not be construed as such. This website is not intended to be advertising and [law firm] does not wish to represent anyone desiring representation based upon viewing this website in any state or jurisdiction where this website fails to comply with all laws and ethical rules. Material presented on the [firm name] website is intended for information purposes only. It is not intended as professional advice and should not be construed as such.
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USCIS IMPLEMENTS NEW PROCEDURES TO SCHEDULE INTERVIEWS FOR ASYLUM APPLICANTS AT THE ASYLUM UNIT

asylum miami

As of January 29, 2018, U.S. Citizenship and Immigration Services (USCIS) implemented a new system for scheduling interviews for asylum applications at the USCIS Asylum Unit.

This new scheduling system affects all past, current and future affirmative applications seeking asylum relief. This system is based on last in, first application out. Hence, the interviews will be scheduled in a specific order, based on three priorities.

How will the new applications be scheduled under the new scheduling system?

 Until further notice, interviews will be scheduled in the following order:

  • First priority: Applications that were rescheduled by applicant’s or USCIS request
  • Second priority: Applications that have been filed 21 days or less
  • Third priority: Most recently filed applications will be scheduled first, then working back to older filings

 How does this change affect asylum applicants?

USCIS now prioritizes the order of interviews with new filings ahead of all other files that have been waiting for years. For example, if an applicant submits its asylum application this week, USCIS will schedule an interview in Miami or Broward within the next 21 days.

Asylum miami applicants that filed before January 29, 2018, should expect an interview after the applications filed after January 28, 2018 are interviewed, as well as the applications that were rescheduled under the First Priority.

The consequences for applicants with applications filed after January 29, 2018 are critical and time sensitive. They need to have their evidence ready, an interpreter available (if needed), and prepare their testimony for the interview.

These applicants will more likely than not be able to benefit from a work permit because not enough time has passed to be able to request such benefit.

However, if these applicants have a spouse and/or children outside of the United States, who may be in danger due to the conditions in their countries, they may be reunited sooner if the asylum applicant is interviewed as early as possible and asylum is granted.

If the applicant does not have a well prepared application, it may be wise to wait to file. This wait time will be for the applicant to collect evidence, prepare a thorough statement, translate foreign documents, and make sure the information on the asylum form is true and correct, and get advice from an immigration attorney as to filing deadlines and preserving legal status.

Is it possible to reschedule the asylum interview?

Yes. It is possible to reschedule the interview one time without requiring an explanation.

How does the new system affect applicants that have been waiting for months or years for an interview?

The applicants that have been waiting for a long time for an interview are now placed behind the applications filed after January 29, 2018. In most cases, this means that the applicants will continue to wait. These applicants will probably will be able to request a work permit.

If they have trouble receiving this benefit, they should seek legal advice immediately. If the country conditions of the applicant’s country of origin change, diminishing or elevating the applicant’s eligibility for asylum in miami or broward, these applicants should seek legal advice immediately.

What if an Applicant with a pending application has serious reasons to be interviewed as soon as possible?

 There are many situations where an applicant needs to be interviewed as soon as possible so the application can be adjudicated.

For example, the country conditions of their country of origin have gotten worse and their immediate family is in grave danger; or the country conditions are soon to change and the applicant will lose a chance to be granted asylum miami.

It is possible that an applicant is not in good health and can no longer wait years for an interview. These situations may merit an expedited request for an interview, but they are granted on a case by case basis, and possibly put on a short list.

What to do?

An applicant for asylum miami should seek legal advice before filing an asylum application. There are many who chose not to do so, only to find after the interview that the application was not complete, missing evidence, incorrect translations, etc.

The applicant probably had misguided knowledge of the interview process or did not know of other eligibility requirements, such as of good moral character.

The asylum applicant is seeking to stay in the United States because a fear of persecution in his/her country of origin, and as such, Ferretjans Law strongly encourages applicants to approach this process with the best representation possible.

Ferretjans Law, provides case-by-case evaluations at the detention centers in Krome, or Glades or Broward Transitional Center (BTC,) or Orlando Detention Centers. Call us to schedule a Evaluation  for any Deportation Defense and/or Immigration Bond evaluation at 305-925-0811.

FERRETJANS LAW, IMMIGRATION LAWYER IN MIAMI AND BROWARD

Material presented on the PFLAWOFFICE.COM website is intended for information purposes only. It is not intended as professional advice and should not be construed as such. This website is not intended to be advertising and FERRETJANS LAW does not wish to represent anyone desiring representation based upon viewing this website in any state or jurisdiction where this website fails to comply with all laws and ethical rules. Material presented on the FERRETJANS LAW website is intended for information purposes only.  It is not intended as professional advice and should not be construed as such.

This article discusses the detention process and how to locate a family member who was detained by immigration Miami or Broward. The information below is not intended to be considered as legal advice, but only as an informative article.  Please contact an immigration attorney in Miami or Broward to learn more options specific to your case. An immigration lawyer in Miami, will assess case-by-case, the different options available.

There are many reasons why someone can be detained by the Department of Homeland Security (DHS) through its Enforcement arm ICE.  These include, but are not limited to:

  • Missed prior immigration hearing dates
  • Outstanding removal deportation order on record, either pending or past due, or
  • Subsequent to an Arrests for a criminal offense
  • Convicted of a criminal offense
  • Detained when checking with the probation officer
  • After criminal court proceedings

1. LOCATE FAMILY MEMBER

In most instances you can find out where a person is detained using the ONLINE DETAINEE LOCATOR SYSTEME (ICE), link below.  You need to have full name of the person and date of birth. If available, have the alien number and country of origin.

https://www.dhs.gov/external/online-detainee-locator-system-ice

2. CONSULT AN IMMIGRATION ATTORNEY

Detainee has the right to consult with an attorney when detained.  The US Government will not provide an attorney, but you can hire a private attorney. The Immigration authorities may provide you with a list of organizations that provide legal representation for free.  Also, there are several organizations that provide KNOW YOUR RIGHTS sessions at the different detention  centers in Florida.

3. DO NOT SIGN ANY PAPERS WITHOUT CONSULTING AN ATTORNEY

In most instances, after the detention, detainee will go through a process called  “processing”. During this process, detainee will be asked several questions, mainly biographic.  It is critical for the detainee to share with the immigration officer whether there are any minor children that will be unsupervised during the detention. In addition, do not be afraid to disclose any health problems or the need for special medication, as it is key to receive the appropriate care while detained.

4. MIGHT BE ELIGIBLE TO POST A BOND TO BE RELEASED

Under certain circumstances, detainee may be eligible to be released on bond. It is very important that detainee shares with the attorney any details about the arrest and criminal history, even if it was an arrest over 20 years ago where charges were dropped.  Failure to share this information, might jeopardize the opportunity to  be released on bond.

5. IMMIGRATION BONDS ARE NOT THE SAME AS CRIMINAL BAIL BONDS

An immigration bond is different than a criminal bail bond.  While they both have the same result, temporary freedom, they are actually different.  The major difference is in the payment method that are used for immigration bonds. Immigration bonds are paid to ICE, and these must be paid in their entirety as opposed to just a portion, and cannot be paid with cash or personal checks.  Bond must be paid in person at a designated ICE office. An immigration bond can go from $1500 up to $20,000 or more in certain cases. The person posting the bond must have legal status and bring a photo identification.
No matter the circumstances, it is important to act quickly, especially if the person has an outstanding order of deportation or was convicted of serious crimes.  Know all your options and rights before accepting a Deportation order.

Ferretjans Law, Immigration lawyers, provides case-by-case evaluations at the detention centers in Krome, or Glades or Broward transitional center BTC, or Orlando Detention Centers. Call us to schedule a free Deportation Defense or Immigration Bond evaluation at 305-925-0811.

FERRETJANS LAW, IMMIGRATION LAWYER IN MIAMI AND BROWARD

Material presented on the PFLAWOFFICE.COM website is intended for information purposes only. It is not intended as professional advice and should not be construed as such. This website is not intended to be advertising and [law firm] does not wish to represent anyone desiring representation based upon viewing this website in any state or jurisdiction where this website fails to comply with all laws and ethical rules.

Material presented on the Ferretjans Law website is intended for information purposes only. It is not intended as professional advice and should not be construed as such.

detained by immigration in miami or broward

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Removal proceedings are administrative proceedings to determine an individual’s removability (deportation) under United States immigration law. Removal proceedings are typically conducted in Immigration Court (the Executive Office for Immigration Review) by an immigration judge (IJ).

What is a cancellation of removal?
Cancellation of removal is a form of relief from deportation or removal. This means that you can only apply for cancellation of removal if you have an open case in deportation or removal proceedings in Immigration Court before an Immigration Judge. Cancellation of removal is a discretionary form of relief. Recipients of a grant of cancellation are eligible for permanent residency in the United States

What is the meaning of withholding of removal?
Withholding of removal is a special type of order issued by an immigration judge to a person who demonstrates more than a 50% chance that they will be persecuted in their home country on account of their race, religion, nationality, membership in a particular social group, or political opinion.

Ferretjans Law is designed to assist clients in achieving their Immigration and Citizenship objectives in Miami an Broward. We will help you with Deportation Defense, call us today to schedule an appointment 305-925-0811