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Compassionate, Dedicated And Experienced Immigration Counsel

At Rotella & Hernandez Immigration and Family Law, our lawyers believe that diversity is one of America’s strengths. Based on this belief, they have made it their mission to fight to protect and promote the rights of immigrants in the United States. Immigration law is complex and always changing, which is why the decision to hire a competent attorney should not be taken lightly.

Our experienced immigration lawyers will meet with you to listen to, discuss and study every aspect of your case and individual circumstances. They will work with you to find and provide the best possible routes to meet your overall goals. Once they have identified your eligibility requirements, our attorneys will outline exactly what you need and provide you with detailed instructions for acquiring all the necessary documentation to obtain the benefits you may be eligible for. They take the time to craft each case with intention and skill. Schedule a consultation today.

Removal Proceedings And Deportation Defense

Our attorneys have strong litigation backgrounds, representing clients in detention and defending those facing removal from the U.S. Their experience includes complex cases such as those involving criminal matters. They also handle cases in which a removal order has already been entered and an appeal or motion to reopen is needed.

In cases involving criminal matters, our lawyers will work with your criminal defense counsel to minimize the immigration consequences and ensure that you have the strongest defense possible, given your circumstances.

There are numerous ways that our team can assist you in removal proceedings and deportation defense, including but not limited to the following: bond motions, stays of deportation, asylum, withholding of removal, Convention Against Torture (CAT), cancellation of removal, waivers of inadmissibility, Deferred Action for Childhood Arrivals (DACA), U visas, the Violence Against Women Act (VAWA), the Nicaraguan Adjustment and Central American Relief Act (NACARA), Temporary Protected Status (TPS), family-based adjustment of status, marriage interviews, Defense of Marriage Act (DOMA) and immigration benefits, provisional waivers, naturalization, motions to reopen, Board of Immigration Appeals (BIA), criminal alien defense and federal appeals.

Motion For Bond

Many times, an individual who is detained by the U.S. Immigration and Customs Enforcement (ICE) may qualify for bond even if they have a criminal history. Our lawyers have vast experience preparing and arguing bond motions before the immigration courts. They also have experience obtaining the release of individuals through the Department of Homeland Security’s authority to parole an individual in custody.

Asylum

Every year, thousands of people come to the United States seeking protection because they have suffered persecution or fear that they will suffer persecution in their home countries due to their race, religion, nationality, political opinion or membership in a particular social group.

If you are eligible for asylum, you may be permitted to remain in the United States. You may also include your spouse and children (unmarried and under 21 years of age) who are in the U.S. on your application at the time that you file or at any time until a final decision is made on your case. Every case is unique, and you will need experienced counsel to guide you through the strenuous application process.

Lawful Permanent Residence (Green Card)

A lawful permanent resident (LPR) is someone who has been granted authorization to live and work in the U.S. on a permanent basis. There are a number of ways to become a permanent resident of the United States. These can include situations where you have family members who are U.S. citizens or green card holders, you have been offered a job in the U.S., you are a refugee or asylee, you have Special Immigrant Juvenile (SIJ) status or numerous other routes.

Citizenship

If you meet certain requirements, then you may be eligible to become a United States citizen, either at birth or later in life. For you to become a citizen at birth, one of the following must be true:

  • You were born in the United States or a certain territory or outlying possession of the U.S. and subject to the jurisdiction of the United States.
  • You have a parent or parents who were citizens at the time of your birth (if you were born abroad) and meet other requirements.

For you to become a citizen after birth, you must do one of the following:

  • Apply for “derived” or “acquired” citizenship through your parents or
  • Apply for naturalization

Family-Based Petitions

United States citizens, LPRs, refugees admitted to the U.S. within the past two years or asylees granted asylum within the past two years may petition for relatives and/or future relatives such as a fiancé(e) or prospective adopted child, to immigrate to the U.S.

Waivers Of Inadmissibility

An individual looking to enter the United States or obtain residency must be admissible to the United States. To be admissible, you may not be among any of the classes of individuals deemed ineligible by law to enter the United States. The U.S. immigration law provides that certain classes of individuals may not be admitted without a waiver or an exception.

Investor And Job-Related Visas

There are a number of options available to obtain investor or job-related visas, including but not limited to the following types of visas: L-1 for multinational executives, H-1 for professionals, E-1 for treaty traders, E-2 for treaty investors, O-1 for those with extraordinary abilities, P for artists and entertainers, R-1 for religious workers, H-2 for temporary workers, H-3 for trainees, TN for Canadians and Mexicans, E-3 for Australian nationals, B-1 for business travelers, I for journalists and Q for cultural exchange.

Deferred Action For Childhood Arrivals (DACA) – Dreamers

Certain individuals who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal. If they’re found eligible for deferred action, then they may be eligible to receive work authorizations/permits.

In June 2014, former president Barack Obama also extended DACA to allow individuals who have already been granted deferred action to renew for an additional two years.

Board Of Immigration Appeals (BIA)

The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying immigration laws. The BIA has been given nationwide jurisdiction to hear appeals from certain decisions rendered by immigration judges and by district directors of the Department of Homeland Security (DHS) in a wide variety of proceedings. Our attorneys can assist you in the immigration appeals process for a wide variety of situations.

Motion To Reopen/Motion To Reconsider

A party may seek to file a motion to reopen with an immigration judge or the BIA after a decision has been rendered in their case or appeal so that new facts or evidence may be considered. As a general rule, a motion to reopen must be filed within 90 days of an immigration judge’s final order or the BIA’s administrative decision; however, there are some exceptions to this rule. Only under very specific circumstances and exceptions can a party file outside the time limit or file more than one motion to reopen.

A motion to reconsider identifies either an error in law or fact in the immigration judge or BIA’s prior decision or a change in law that affects an immigration judge’s or the BIA’s prior decision and asks the judge or BIA to re-examine the ruling or decision. A motion to reconsider is based on the existing record and does not seek to introduce new facts or evidence. As a general rule, a motion to reconsider must be filed within 30 days of the final administrative ruling.

Crimmigration

Crimmigration is the immigration consequences associated with criminal activity. If you are facing criminal charges and are an LPR or illegal alien, then you may be subject to deportation. Our attorneys are experienced in criminal defense and well-versed in the immigration consequences associated with criminal activity. It is important to hire a criminal defense lawyer who is knowledgeable in the field of immigration law.

Immigration Holds Or Detainers

With their vast experience in criminal and immigration matters, our attorneys at Rotella & Hernandez, LLC, have a proven record of successfully lifting immigration holds and/or detainers. In many criminal cases, the U.S. Border Patrol (USBP), the U.S. Customs and Border Protection (CBP) and ICE place a hold on an individual who is about to complete their criminal sentence, thereby preventing their release. Our lawyers have successfully lifted immigration holds and detainers, thereby preventing individuals from having to serve additional time in immigration detention.

Our Team Knows What You Are Going Through

At Rotella & Hernandez Immigration and Family Law, our lawyers are here to fight for your rights and best interests. They have been through it themselves and have helped countless others since opening the firm. If you have questions or need guidance regarding immigration law issues, use our Contact page or call 305-596-3618 to speak with an attorney today. Se habla español.