Monthly Archives: February 2013

New Waiver or Forgiveness Immigration Process Approved under Form I-601A

By: Attorney Alejandro R. Lopez

A new hope for certain relatives of United States citizens who are illegally in the United States.

On March 4th, 2013, a new process will come into effect through which certain relatives of U.S. citizens who are physically present inside the United States, but who are illegal, can ask for a waiver (forgiveness) to the United States government to eliminate their “inadmissibility” and minimize the so called “time penalties” which exist right now (from 5 to 10 years), which the U.S. government imposes, outside the United States before returning to the U.S.A. again.

Please notice that this is not an easy process and is highly complex. You can see its complexity by visiting the U.S. immigration site at: http://www.regulations.gov/#!documentDetail;D=USCIS-2012-0003-3739 where you can review all the terms of the new rule. We recommend you that, if you are interested in this new process to be able to process your husband or wife, son or daughter, father or mother, that you have a meeting with a lawyer of your choice before proceeding to register the form, since certain details in the new rule could place the status of your relative in the United States in great danger if the process is not carried out with detail, legality, and precision.

As always, our Firm is ready to process this type of case and we offer you legal consultation to advise you regarding your specific case and to determine if this waiver is a good option for your relative. Call us at (407)  649-1404 or contact us through our website of www.yourattorneyinorlando.com

 

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Filed under IMMIGRATION LAW

New Automobile Accidents Law in Florida Affects All of Us

By Attorney Alejandro R. Lopez

Unfortunately, Florida’s legislature has placed in effect beginning on January 1st, 2013, a new law which affects all of us who drive a car in Florida.

As all of you know, in Florida all of us who drive are under the legal obligation of paying (and have in effect) an automobile insurance coverage called “Personal Injury Protection”. This insurance pays, in case of an automobile accident, for your:

1. 80% of medical bills which arise (without taking into consideration who is at fault for the accident), due to the automobile accident. The insurance company pays 80% of the medical bills up to an amount of $10,000,

2. 60% of wage loss which arise (again, without considering who is at fault for the automobile accident), and

3. Up to $10,000.00 in case of death as a result of the accident.

Beginning on January 1st, 2013, those benefits have been highly restricted in the following manner an according to law:

A. If you are in an automobile accident and do not seek medical treatment during the first fourteen (14) days of the accident, your car insurance (P.I.P.) could deny you the benefits mentioned above,

B. The “initial medical services” must be provided, supervised, ordered and/or assigned by an osteopath, dentist, or chiropractor, or must be provided in a hospital, or in a health care facility owned in part, or in whole, by a hospital,

C. Your “P.I.P.” will only pay for medical services which you incur as a result of a motor vehicle accident, only if you appeared to obtain medical treatment within the fourteen (14) days of the accident, AND if the following takes place:

1. The medical services are based on a doctor’s referral, chiropractic, or orthodpedic, AND

2. The medical services are consistent with the medical diagnosis which is issued to you on your initial medical visit.

Also:

If all of the above is accomplished, then your P.I.P. provides two types of payments:

Up to $10,000.00  if your condition is determined to be of “emergency” or up to only $2,500.00 of your $10,000.00 coverage if your medical condition afte the accident is determined not to be an “emergency”.

The law determines that an “emergency” condition is defined as those medical conditions which are manifested with acute symptoms of sufficient severity, which include severe pain in a way that the absence of medical attention will result in:

.Serious damage to the patient’s health,

.Serious incapacity to corporal functions, and/or

.Serious incapacity to any body organ or body part.

Additionally:

Massage therapies and/or acupuncture will not be paid by your “P.I.P.” insurance under the new law.

These changes seriously affect your benefits under insurance policies for which we all have been paying premiums for years. It is, therefore, very important, that you contact your lawyer directly in case of accident, and without the need to go through any attorney referral company, so that you can be immediately advised of your legal rights and obligations. Our Firm has processed hundreds of automobile accidents since 1999, and we will be at your immediate disposition to advise you and guide you after your accident. You can contact us through a simple electronic mail to: info@yourattorneyinorlando.com, or through our website: http://www.yourattorneyinorlando.com, or calling our Firm at: (407) 649-1404.

Drive carefully.

 

 

 

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Filed under ACCIDENTS AND PERSONAL INJURY LAW

Has Immigration Reform Finally Arrived to the United States?

By Attorney Alejandro R. Lopez

The answer is still unknown, but this time there is a good possibility. Politicians have realized of the acquisitive power hispanics have gained through time in the United States and fear not to have that power on their side. The Republican party, as well as the Democratic party, appear to be in agreement to proceed with the reform of the immigration laws of the United States this very same year of 2013.

The basic proposals are as follows:

1. Increase the efforts to secure the U.S. borders, including the use of more government agents, drones (usually used in the Afghanistan war), and surveillance equipment,

2. Require the implementation of an entry and exit system to and out of the United States to be able to follow the steps of persons who come into and exit the United States with temporary visas, to determine if they have come out of the country when it is required,

3. Create a commission of legislators and community leaders who reside in the United States’ southwest border to make recommendations when the new security measures have been accomplished,

4. While the security measures are on their way, illegal immigrants in the United States could:

a. register with the U.S. government,

b. go through criminal background checks, and

c. pay penalties (to be still determined by law), as well as pay back federal taxes,

to be able to obtain a probationary immigration status,

5. Once the security measures are in place, those immigrants who are in the probationary status would be able to apply for U.S. permanent legal residence, but after other immigrants who are already in the system applying for permanent legal residence,

6. Persons who were brought to the United States as children, and agricultural farmers, would have a faster way to U.S. citizenship,

Also, to improve the immigration system, it is proposed that:

A. The delays in producing family and employment visas be eliminated,

B. U.S. residence be provided to immigrants who obtain high education degrees in science, technology, engineering, or mathematics, from U.S. colleges and universities,

C. Systems of legal employment verification be established in the United States,

D. Electronic systems be established, which could not be duplicated, to require that workers show their legal status and indentity,

E. Higher and more serious criminal penalties and fines be imposed to employers who, knowingly, hire illegal immigrants,

F. Allow employers to hire immigrants if they can show that they were not successful in hiring a U.S. citizen and that hiring an immigrant will not displace U.S. workers,

G. Create a program of agricultural workers to be able to satisfy agricultural industry’s need when U.S. citizen workers do not exist to satisfy that need,

H. Allow immigrants who have lower skills to enter the United States when the economy is based in creating jobs, and less of those immigrants when such type of economy does not exist, and

I. Allow workers who have been successful in the job market place, and who have contributed to their communities throughought the years, to gain permanent residency in the United States.

It is supposed that these immigration legal reform proposals take shape by the Spring or Summer of 2013, and that, if this reform is approved, that it will be a way for the eleven million (or more) illegal immigrants in the United States to obtain their permanent residence in the United States and, later on, their citizenship. It does not appear it will be an easy process.

Once the new laws are implemented, our Firm will be at your disposition to help you process your case. You can always call us at: (407) 649-1404, or contact us through our website of: http://www.yourattorneyinorlando.com .

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Filed under IMMIGRATION LAW