Miracle Case Decision: Motions to Retain Venue and Bond GRANTED

We are SOOO elated that our client was released on bond from Krome today! Under the Trump Administration, we have to FIGHT even more ZEALOUSLY for our clients’ rights than ever before! First, we had to fight to get our client moved back to Krome, and second, we had to advocate that he be released on bond. We won BOTH fights, praise God!

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Let me tell you about the obstacles we had to deal with in this  client’s case and how we overcame them. Our office had already filed a Motion for Bond for client, when days before his bond hearing 2 weeks ago, ICE randomly moved our client 6.5 hours north to a detentioncenter in Baker County, FL! We were outraged when the judge said he couldn’t decide his bond case while he was at Baker County, because it was in the Orlando Court jurisdiction. His entire family, home and attorney (me) was located in Miami, and it was so inefficient and obstructive to move my client. ICE was the one who moved him for no reason, yet the ICE government attorney filed a motion to move his case to the Orlando Court, which would require me to travel to Orlando to represent him or else spend a lot more time and money drafting a request to represent him by telephone to the Court.

I filed a Motion to Retain Venue at Krome and Opposing DHS’s Motion to Change Venue to Orlando. I also reached out to the media, and an NBC Producer was working with me and the client’s family to schedule interviews for a news story on NBC Channel 6.

Further, I called the Krome Court Administrator and the ICE Assistant Field Office Director, and I let them both know that my client needed to be moved back to Krome immediately and that the NBC reporter would be contacting them shortly.

The very next day, my client was moved back to Krome! I don’t think it was a coincidence that he was moved so quickly after they learned of the NBC news story. But we will do whatever it takes to protect our clients and their rights!

At the bond hearing Monday, the government attorney and even the judge tried to focus on his previous arrests – which did NOT result in convictions – and the fact that he had not yet married his USC girlfriend. Because he is a DACA recipient and was pending a renewal, and you cannot file to renew DACA while you are detained, the judge said my client wasn’t eligible for any relief from deportation right now. Which was all true. But I KEPT FIGHTING and reminding the judge of his family in the US, his eligibility to obtain a green card as soon as he married his fiancee. I reiterated that his previous arrests are NOT convictions and his current pending convictions are not convictions either. In short, I ADVOCATED for my client, also pointing out to the judge that sick of his family members came to the court that morning to show their support. In the end, the judge decided to Grant my client a bond for $7,500.00, which is a great bond price considering his pending criminal cases and the fact that he hasn’t yet married his USC girlfriend. JUSTICE prevails!!!

There are fewer things more rewarding than getting a deserving client out of detention and reuniting them with their families! To hear his mother’s ecstatic voice when she heard he  got bond made my heart melt. I am looking forward to helping this client obtain his green card next, after he married his USC girlfriend and representing him in court through the process.

I know many attorneys who practice more lucrative areas of law like insurance defense or corporate law, but I personally could not imagine practicing another area of law because I am passionate about reuniting my clients with their families and defending their rights. Call me at 305-501-0783 to schedule a consultation to help you or your family member. We want to help YOU achieve your American Dream!

Little Known Visa a Great Option for Many Would-be H-1B Candidates

Many people apply for a B-1 visa when they seek to come to the United States for temporary, business-related activities such as attending academic or professional conferences.  B-1 visa holders are prohibited from engaging in “productive work,” defined as services that benefit an employer. However, the B-1 visa is very discretionary, and when a person is applying to work closely with a U.S. colleague or company, several of these visa applicants are advised by the Consulate to apply instead of an H1-B visa.  On the other hand, the H1-B visa is a very sought-after visa that typically reaches the cap only days after applications are accepted on April 1st of each year.  So many people apply, in fact, that there is something known as the H-1B lottery. Last year, 148,000 were not selected, so you can understand how many people apply each year. However, there is a little-known visa option that many people, even attorneys, often overlook: the “B-1 in Lieu of H-1B visa.”

In the Foreign Affairs Manual, the “B-1 in lieu of H-1B visa” is a hybrid visa that seems to be carved out for persons who could possibly qualify for a traditional H-1B visa but would more appropriately be termed a B-1 visa applicant. These individuals are generally interested in visiting the United States in order to temporarily perform professional duties which are related to their employment overseas. These people are not intending to enter the United States labor market, nor will they be on the payroll of a U.S. employer.

The American market is increasingly relying on foreign talent as businesses become more complex and globalized and involve more international aspects.  Thus, the B-1 in lieu of H-1B can be an attractive option for many foreigners. In order to apply for this, the applicant may submit the visa application online and later bring the evidence in person to their home Consulate or Embassy. It is unnecessary to file with the United States Citizenship and Immigration Service.

Of course, an applicant must meet certain conditions in order to qualify for the B-1 in lieu of H-1B:

1. They must have a bachelor’s degree (at least) or equivalent experience.

2. The work performed in the United States must be professional work which requires at least a bachelor’s degree to perform.

3. The term of employment needs to be for a shorter amount of time—ideally, fewer than six months.

4. They must be already employed by the foreign entity of the U.S affiliate. Again, the foreign individual must be getting paid by his foreign employer. No remuneration can come from a United States source. However, this does not apply to expense allowances or other expenses related to travel.

5. Finally, the employee must overcome a presumption of immigrant intent. He or she must show that their proposed work is of a temporary nature. In addition, he or she must demonstrate intent to return to his or her home country when the work has been completed.

If you believe that you or your loved one is a strong candidate for the B-1 in Lieu of H-1B visa, contact me to schedule a consultation.