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An Overview of One’s Rights at Customs

An Overview of One’s Rights at Customs

Miami immigration lawyer ,

Travel restrictions are not new in the United States, but the latest ones have stirred some  controversy. Consequently, many passing through customs are unsure of their rights. Many would be surprised to learn that even American citizens returning from countries where the U.S. has introduced constraints may be subject to intensified searches. In light of this, being well informed about one’s rights and even consulting with a Miami immigration attorney prior to traveling is of the utmost importance.

If the individual is a legal permanent resident…

The most important thing for legal permanent residents to keep in mind when undergoing a secondary inspection is that typically the right to live in the U.S. cannot simply be revoked at the border. However, that does not mean customs officers will not subject legal residents to questioning. Many may prefer to have an attorney present for such questioning, but unfortunately, not everyone will have that right. As it stands now, only U.S. citizens are able to ask that an attorney accompany them during this process. Those who simply hold a visa (even though a legal, and sometimes permanent, resident), do not hold the right to an attorney.

As for the search itself, every individual passing through customs must permit to a search upon request since 9/11. This includes one’s electronic devices, a fact which stirred up some controversy at the onset of the “travel ban.” Furthermore, the officers are even permitted to ask for access to social media profiles and other online accounts, such as email, as well as photos and documents on the device. However, the law has yet to catch up to this aspect of the procedure. There is no clear-cut law that allows such a search to occur, so assistance from a Miami immigration attorney in these instances is advisable whenever the situation allows for it — particularly given the fact that failing to consent to a search could present added problems. Green card holders could face a hearing where their resident status could be revoked, and even U.S. citizens could be held by the officers or have personal belongings seized.

If the individual is NOT a legal permanent resident…

For those who do not hold legal permanent resident status, there are fewer rights when passing through U.S. customs. Such individuals do not have the opportunity to consult with a lawyer, unless the person has been formally charged with a criminal act. However, that does not mean a skilled Miami immigration attorney cannot circumvent this. If traveling to the U.S. from a country that has been identified within legislation restricting entry to visitors, arranging for legal counsel prior to arriving at customs can go a long way. This is primarily due to the fact that failure to consent to a search in these cases could lead to a refusal of entry.

If you have questions or concerns about your rights at the border, call our office today to speak with an experienced member of our team. We are always here to guide you and protect your rights.

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4 Benefits of Joint Physical Custody

4 Benefits of Joint Physical Custody

Divorce Attorney, Family Law, Miami Divorce Attorney , ,

While having joint legal custody brings its own advantages, joint physical custody where each spouse has equal time with their children can be beneficial for both parents and children. Consult with a Miami divorce attorney to learn more about the custody options available because some divorce cases might only allow for joint legal custody. For divorce cases that can accommodate joint physical custody, here are some benefits to consider.

1. Children Live in Both Households

With joint physical custody, children are able to live with both parents for equal or almost equal amounts of time. This arrangement forges strong and healthy relationships with both their parents and allows children to stay connected with their extended families from both sides. Living with both parents reduces the fear of losing a parent as well as the feelings of rejection, loss, and conflict of loyalty some children experience after a divorce.

2. Discipline is a Team Effort

Since both parents get equal parenting time with their children, there is an opportunity for them to collaborate in creating house rules and enforcing consequences. With joint physical custody, both parents will be equally responsible for their children’s discipline. One parent will not be pitted against the other parent, one being the “disciplinarian parent” and the other being the “fun, part-time parent.” If both parents work together, a continuity in household rules can be established, providing consistency in children’s daily routines, as well as responsibilities.

3. Routine Schedules Good For Parents

Both parents will have to agree on a joint custody schedule that determines how parenting time will be divided between them. This schedule provides a set and predictable routine that both parents follow and can plan around. By knowing when their children will and will not be at their house, each parent can schedule their activities accordingly. Plan for family-centered activities during parenting time and plan for work activities, time with friends, or “me” time when the kids are not around.

4. Share Daily Costs of Raising Children

Costs for after school activities, toys, and school supplies might seem small, but they sure add up. But when parenting time is shared, both parents naturally end up sharing costs on these everyday items and expenses. On the other hand, large expenses should be handled according to the parental agreement.

If you are considering divorce, consult with an experienced Miami divorce attorney at Pimentel & Castillo to learn more about the process as well as custody options. Call our family law professionals today.

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New Rule to Affect High-Skilled Nonimmigrant Workers

New Rule to Affect High-Skilled Nonimmigrant Workers

Miami immigration lawyer

At a time when immigration laws are at the forefront of the political conversations in the United States, the U.S. Citizenship and Immigration Services has turned the discussion to regulations concerning nonimmigrants, by laying out the specifications of a law which will take effect on January 17, 2017. The “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers” will apply to both H-1B visa holders and those who have submitted Adjustment of Status applications that have been pending for more than 180 days.

The Rule

The primary function of the new rule is to expand upon existing codes to provide more flexibility for skilled nonimmigrants looking to work in the United States. A Miami immigration lawyer can better explain the complexities of the new legislation, but here are a few highlights of what the changes will entail:

  • Nonimmigrants (E-3, H-1B, H-1B1, O-1, or L-1) with an approved I-140 will be eligible for a new one-year employment authorization, if they can show compelling circumstances. Such circumstances include serious illness, a major upheaval encountered by the employer, and other significant harm that was unforeseeable.
  • Grace periods are now provided for nonimmigrants with varying visa classifications. Specifically, individuals who have secured E-1, E-2, E-3, L-1, and TN status will be granted 10 days at the beginning and end of the validity period. Up to 60 days may be afforded after one’s employment ends, if the person holds an  E-1, E-2, E-3, H-1B, H-1B1, L-1, or TN visa.
  • Assuming one’s I-140 is not revoked due to fraud or willful misrepresentation, I-140 priority dates may be kept. Those who hold I-140 petitions which are valid for 180 days or more will not have the petition automatically repealed, should the employer withdraw.

If you have questions about this new rule or any other immigration laws or regulations a Miami immigration lawyer at Pimentel & Castillo is always available to provide answers. Call our office today to schedule a free consultation.

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What the Law Says About Boating & Drinking

What the Law Says About Boating & Drinking

BUI in Florida, criminal defense attorney, Miami criminal defense attorney , ,

South Florida is one of the best locations to take a boat out on the water, and because of that, it is all the more important that Floridians be knowledgeable about the state’s laws related to boating. Considering boats are often a venue in which people consume alcoholic beverages, being informed about the laws concerning boating while intoxicated is of the utmost importance.

What happens when a boater is pulled over?

First and foremost, it is important to understand that the police force that oversees the waters is different from the one that patrols the land. These officers abide by different rules, but should not be taken any less seriously. When an officer signals for a boater to stop, the boater is required to do so. They may ask that the engine simply be cut or an anchor be dropped. Once stopped, the officer will board the boat, at which point those on board will need to keep their hands visible, provide all necessary documentation, permit to a safety inspection, and obey the officer’s commands. The vessel will be searched if given probable cause to.

If there has been drinking, the officer may request that the captain take a breathalyzer test. While this request can be denied, doing so may result in a fine of $500 for the operator, or even a criminal misdemeanor if the boater has refused in the past. If the aforementioned fine is not paid, the vessel may later be taken by the Coast Guard. Assuming the boater does take the breathalyzer and is determined to be intoxicated (above 0.8% in Florida), legal actions will be taken.

BUI in Florida

A charge for boating while intoxicated (commonly referred to as a BUI) will require the help of a proven Miami criminal defense attorney. Otherwise, the boater is likely to face unfavorable judgments, ranging from a $1,000 fine and up to 6 months in jail for a first-time conviction and a third-degree felony for a fourth offense. While a first offense will not typically affect one’s driving privileges, it is possible that this information may be shared with the authorities responsible for suspending drivers licenses, who may elect to do just that. In order to protect one’s rights and secure the most favorable outcome in this situation, the guidance of an experienced criminal defense lawyer will be essential.

Are you facing a BUI charge? Contact a Miami criminal defense attorney experienced in handling cases concerning BUI in Florida. Our lawyers are always available to answer any questions you may have.

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Can I Be Sued for Old Debts?

Can I Be Sued for Old Debts?

Miami Civil Trial Attorney

The timeline in which a creditor can file suit over unpaid debts is not infinite. The statute of limitations outlines the period for which a debt is eligible to be filed suit for. The interval that must pass before an account is time-barred is ultimately dependent on the type of account and where it was opened.

Types of Debts

When lent by a creditor, unpaid funds will fall into one of two categories: open end or closed end. As a rule of thumb, accounts which can be utilized multiple times (such as a credit card) are considered open-end. If money is lent for a one-time purchase (mortgage on a home) for which the payments are fixed, the account falls into the closed-end category. However, not all loans are quite as clear cut. Sometimes, a loan will fall into a gray area. For instance, if a loan is disbursed in fixed amounts but on more than one occasion. A Miami civil trial attorney can help debtors and creditors alike in determining exactly what kind of debt they are dealing with.

After determining which category the debt falls under, the borrower will have to consider what kind of agreement was made for the repayment of the debt. This will factor into how long the creditor has to initiate legal actions in order to be repaid. The statute of limitations placed on different types of debts varies from state to state. Here is an overview of the time frame used by the state of Florida:

  • Closed-end with written contract: 5 years
  • Closed-end with oral contract: 4 years
  • Closed-end with promissory note: 5 years
  • Open-end: 4 years

The time limit starts on the day the agreement is made for closed-end accounts, and at the time first payment is due for open-end accounts. Nevertheless, it is important to keep in mind the fact that time is not kept when payments are voluntarily made or when the debtor is not in the state. Therefore, if a borrower defaults on his mortgage and moves to a different state, the statute of limitations does not apply. Also important to note, an oral agreement can restart the clock.

The complex nature of debt collection suits calls for a highly experienced Miami civil trial attorney. If you have questions about this area of law, please reach out to our team for a free consultation.

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How Social Media Impacts Family Law Cases

How Social Media Impacts Family Law Cases

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In the modern age of social media, most people have a smartphone and are constantly updating the world on every last detail of their personal lives. As a result, many users often forget or ignore the potential effects social media status updates and posted pictures can actually have from a legal standpoint.

There are numerous ways social media can be used to a client’s advantage in family court — or worse, to his detriment. Therefore, it has become increasingly important for people (particularly those who could soon find themselves involved in a legal proceeding) to consider the potential repercussions before posting. Here are just a few ways social media accounts can serve as treasure troves of evidence against one party or another for a Miami family law attorney:

  • To prove a party’s dishonesty in financial disclosures. For example, if one person claims to be unemployed or only earning enough to barely scrape by, but then posts on social media pictures of his or her brand new Porsche or latest expensive vacation. This information can be imputed by the court, and both alimony and child support guidelines could be affected.
  • To prove a party’s infidelity. When a party posts pictures of his new significant other, those photos will be time and date stamped when uploaded. This information could later be taken into consideration when a court decides whether or not alimony should be awarded to the other party.
  • To prove whether a party is a suitable full-time custodial parent. If one individual is posting photos under the influence during a specific time when he or she is supposed to be taking care of the children, that information will raise a red flag if presented in the proceedings.

The best way to avoid potential problems created by social media is to stop using it when a legal proceeding is foreseeable. Or better yet, simply use common sense when you post at all times. Keep in mind that once the litigation has begun you should not delete your account, as this action can be treated as the willful destruction of evidence.

A Miami family law attorney can help you navigate the process, including providing insight on appropriate social media behaviors. If you have questions about how social media may impact your case, call our office today for a free consultation.

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realities-of-divorce

The Realities of Divorce

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There are many misconceptions that are thrown around about divorce. Even the once happiest of marriages could one day end in divorce, so being well informed about what one can expect can alleviate both stress and some of the cost.

Here is some general information about divorce that everyone should know.

What is true for one person may not be true for another.

Just because one spouse’s cousin had a divorce that was finalized in three months and awarded her the majority of the property, doesn’t mean that will be the case for the parties in another situation. Just as every relationship is different, so is every divorce.

Honesty is key.

It is essential that both spouses be honest with each other and their legal counsel. If one spouse attempts to hide something from the others involved, he or she can certainly expect that it will come out in the case at some point. A Miami divorce attorney can advise his client on what information must be shared, but full disclosure has to be provided to the attorney for best results.

Many decisions will need to be made.

There is a reason why divorce cases tend to be lengthy, particularly when children are involved. When a marriage is dissolved, many details must be sorted out to move forward effectively. The divorce attorney will need to work to determine who gets the house, how funds will be distributed, which spouse will keep the car, and so on. If the couple has joint children, they will need to prepare a custody arrangement that is in the best interest of their kids.

There are alternatives to the courtroom.

Not all divorces end up in court. Depending on the state of the relationship when the decision to end the marriage is made, there may be alternatives. This may include mediation, where a neutral third party leads the two in negotiations. Similarly, in a uncontested divorce, an attorney works with the couple and a team of professionals to finalize all matters related to the divorce, without actually going to court. This route has pros and cons, and the best fit will ultimately depend on the specific case.

There will be compromises.

With any divorce, it is extremely rare that both spouses will get everything they hoped for at the end of the proceedings. Typically, there needs to be compromise on some issues, especially if there are children involved. What one can depend on is that attorneys will have the best interests of their clients in mind, and will do everything in their power to protect them.

If you are considering divorce, call a premier Miami divorce attorney at Pimentel & Castillo today to learn more about the process and what you can expect. Our professional team can ensure you are well protected as you work through the proceedings.

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