Santiago J. Padilla, P.A.

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Located in the Miami metropolitan area, the Law Offices of Santiago J. Padilla, P.A., offers comprehensive services for business clients with a variety of needs.

February 2019 Archives

Immigration Visa Denials are on the Rise

Unfortunately, despite no change in the immigration laws, visa denials are on the rise. Even the relatively straight-forward E-2 Treaty Investor Visa is being routinely denied by U.S. Consulates. Thank goodness that I have absolutely no denials that I have not been able to reverse through motions for reconsideration or appeals when the clients have been willing to fight the denial. Sometimes, however, clients themselves lose faith and don't want to appeal, which is a mistake. Increasingly, an appeal or motion for reconsideration may be the only route.

Legislation Could help Florida Workers

Although the American workforce is aging, older workers are at a higher risk of being subject to age discrimination. A bipartisan piece of legislation called the Protecting Older Workers Against Discrimination Act, or POWADA, would seek to reverse a 2009 Supreme Court decision. That ruling made it more difficult for workers to show that age played a role in a demotion or termination. If POWADA passes, workers would not need to show that age was the sole reason for an employment decision.

Condominium Association Must Allow Emotional Support Animal

There have been several recent cases regarding whether or not a tenant or resident of a condominium complex may have an emotional support animal in the face of "no pet" rule in the condominium documents or in the condominium rules.

Be Aware of Preconceived Intent if You are Entering the U.S. as a Tourist and you have the Intention of Filing a Family-Based Immigrant Petition

Under U.S. Immigration law, if you are an "immediate relative" of a U.S. citizen, you can become a U.S. permanent resident very quickly if your U.S. citizen relative files a petition on your behalf. For example, the spouse of a U.S. citizen, an unmarried child of a U.S. citizen under the age of 21, and the parent of a U.S. citizen (provided the U.S. citizen is at least 21 years old) are all "immediate relatives" and they can file a petition to adjust the status of their immediate relative and a "Green Card" will be immediately available.

Condominium Unit Owner May Not be Responsible for Damage Inadvertently Caused to Other Units

Here in Florida, there are many people that live in condominiums and a question that comes up repeatedly is what happens if you live on the 20th floor and wear and tear of the hot water heater (or any other appliance or fixture) creates a water leak that causes damage to condo units below? Who is responsible for the repair?