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.

Posts tagged "Immigration"

Filing a Lawsuit to Require USCIS to Adjudicate a Petition that has been Pending for an Unreasonably Long Time

Nowadays, unreasonable or inordinate delays in immigration petition processing times are causing clients significant stress, particularly because travel may be restricted while the immigration petition or application is pending. However, there is a solution which may have been viewed as extreme in previous years, but which now is getting renewed attention. That solution is filing a lawsuit against the United States Immigration and Citizenship Services ("USCIS") in federal court under the Mandamus and Venue Act of 1962. Under this Act, the party bringing the lawsuit is demanding that the court order USCIS to act and adjudicate the petition or application. In such a case, the party bringing suit must show that he or she has a clear right to the relief requested, that the government has a clear duty to perform the act in question, and that there is no other adequate remedy available.

Filing a Lawsuit to Challenge an Immigration Denial

Visa denials have reached over 60% in certain categories, with the L-1 visa suffering the most repercussions. However, the answer may be filing a lawsuit in federal court. Many clients resist this option, but it is becoming more of a necessity. I have traditionally filed petitions and applications that have detailed legal arguments and are chocked full of relevant evidence so that if the client is willing and able, there is the availability of an appeal to the courts.

Are Changes Coming to the EB-5 Visa Program?

Living in America is a dream for many. While countless people wait for visas, many others search for ways to legally immigrate to the United States. You might want to pursue an education in the U.S. Or perhaps you have loved ones living stateside and you want to join them. Although it may take time to get a visa application approved, there are many means by which you could enter the country.

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.

Recent Presidential Executive Order on Immigration will not have Immediate Impacts

By:  Santiago J. Padilla, Esq.

On April 18, 2017, President Trump signed a new Executive Order, "Buy American and Hire American" which appears to target several immigration programs used by U.S. businesses.  For example, in the "Hire American" portion of the order, President Trump is directing the Department of Labor, the Department of Justice, the Department of Homeland Security, and the Department of State to review the current laws with respect to the H-1B professional employee program and suggest changes so that the most skilled and highest paid positions will be given priority.  President Trump also directed the federal agencies to review all employment based visa programs to crack down on fraud and abuse in order to protect U.S. workers.
Nevertheless, the American Immigration Lawyers Association ("AILA"), of which I am a member, stated that the changes suggested by President Trump will not have immediate impacts because the changes suggested would require legislative action or rulemaking and it would take time to go through the necessary processes.