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Practice Areas

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Business Law

At The Law Offices of Valencia & Diaz, Ltd, we offer a wide range of representation to businesses of all types. We help resolve disputes through litigation, mediation, or arbitration. In addition, our lawyers offer advice, document preparation, and other transactional services. We are dedicated to helping businesses succeed. For more information about our comprehensive business and commercial law practice, contact our office.

Business and Commercial Law Services

We handle all legal matters affecting a business, from planning to business litigation. We assist businesses with matters such as:

• Employment agreements, such as non-compete and confidentiality agreements

• Drafting of employee handbooks and personnel policies such as privacy policies and employee benefit plans

• Payment disputes

• Partnership disputes

• Business dissolution

• Financing

• Shareholder agreements

• Commercial leasing

• Real estate development

• Contracts with suppliers of goods and services

• Franchise rights

• Mergers and acquisitions

• IF YOU ARE NOT A UNITED STATES CITIZEN

Dedicated to Your Success

To learn how our firm can help your business thrive, contact us at The Law Offices of Valencia & Diaz, Ltd. We offer many years of experience, affordable rates, and a commitment to helping your business prosper.

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Criminal Law

Criminal Law is a set of legal rules that regulates the Authority of the State to impose penalties for acts deemed criminal by the legislator.

The Law Offices of Valencia & Diaz, Ltd represents accused clients with diligence and promptness. In the same way our attorneys take care to provide the best legal representation to obtain a satisfactory outcome. Each criminal defense is different and unique; in this manner every case requires an enthusiastic legal representation to protect the rights and freedom of the accused.

In particular Louis Valencia has wide experience in criminal cases where the accused faces immigration consequences based on his detention. Likewise, he has experience in reopening convictions based on Padilla v. Kentucky’s which established an obligation upon criminal attorneys in advising their clients about the specific immigration’s consequences before entering a plea to any offense.

The Criminal Law practice is as it follows:

v Driving under the influence of alcohol

v Driving without a license

v Traffic violations

v Injuries and Domestic Violence

v Theft

v Possession of drugs

v Child Support Violations

v Child abuse

v Criminal appeals

v Sex Crimes

v Legal Representation for all kind of crimes

v Cases in the Juvenile Court

v IF YOU ARE NOT A UNITED STATES CITIZEN

The Law Offices of Valencia & Diaz, Ltd has obtained the following achievements for criminal representation:

v The attorney Louis Valencia was the first to win cases validating foreign licenses in this country without regard for immigrant status of length of time in the US as well as withdrawing guilty pleas years after a conviction based on constitutional violations and/or irregularities at the trial level.

The different kinds/levels of crimes and the statutory sentence limits.

                       Maximum        Maximum

                        Fine                 Jail Sentence               

MM                $150                No jail

M4                  $250                30 days

M3                  $500                60 days

M2                  $750                90 days

MUNC           $1,000             No jail

M1                  $1,000             180 days

Driving           $1,075             180 days

Under the        

Influence         Minimum        Minimum

                        $350                3-6 days

                        Maximum        Maximum

                        Fine                 Jail Sentence               

F5                    $2,500             12 months

F4                    $5,000             1.5 years

F3                    $10,000           5 years

F2                    $15,000           8 years

F1                    $20,000           10 years

Murder             $15,000           15 years+

Aggravated

Murder            $25,000           Life Sentence

Aggravated                              Death Penalty

Murder           $25,000                       or

And with                                 Life Sentence

Death Penalty

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Estate Planning

While preparing documents such as wills, trusts, powers of attorney, and living wills, we assist our clients in achieving their personal and financial goals, as well as obtaining favorable estate tax results. We offer advice in the areas of estate tax savings and asset preservation. Our many years of work in the estate-planning field provide a foundation from which to focus on substantial and complex estate plans. Contact us to discuss your legal needs.

Estate Planning Representation

We provide clients with a full range of estate planning vehicles, including:

• Wills

• Trusts

1. Inter Vivos Trusts

2. Living Trusts

3. Revocable Trusts

4. Charitable Trusts

5. Generation Skipping Trusts

• Business succession planning

• Powers of attorney

1. Durable Power of Attorney

2. Health Care Power of Attorney

• Living wills

• Family limited partnerships

• Gifts

• Distribution planning

• Medicaid planning

• IF YOU ARE NOT A UNITED STATES CITIZEN

The Estate-Planning Process

When you contact our law firm for estate planning services, an estate-planning lawyer will talk with you about your goals and objectives for the future of your family and your assets. We will outline the options that will help you achieve your estate planning goals, and will draft all the necessary documents once those goals have been determined. After the initial estate plans have been drafted, our attorneys continue to meet with clients periodically to be sure that changes in family or financial situations are covered by the estate plan.

Contact Us

Contact The Law Offices of Valencia & Diaz, Ltd to discuss your needs for comprehensive planning services.

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Family Law

Family Law is a set of rules that controls the personal relations and marital assets of family members, between them and others. These relations originate from marriage or family-based relationships.

Families and individuals need legal advice to make decisions for possible family’s structural changes. The Law Offices of Valencia & Diaz, Ltd has the experience to represent our clients in the following types of cases:

v Divorce

v Dissolution (separation agreement, shared custody)

v Legal Separation

v Legal Custody of Minors

v Agreements of Shared Custody

v Child Support / Modification of Child Support

v Paternity’s Establishment

v Spousal Support/ Modification of Spousal Support

v Child abuse

v Cases before the Department of Job and Family Services/Children’s Protection Agency

v Juvenile Court Cases

v IF YOU ARE NOT A UNITED STATES CITIZEN

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General Practice

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Inmigration Law

At the Law Offices of Valencia & Diaz, Ltd, we offer a wide range of representation to immigration law of all types. Our experienced Immigration law firm provides legal advice and representation in the following areas of US Immigration law:

  • Petition for Relative
  • Adjustment of Status
    • Consular Process
    • K- Fiancé Visa, Children and spouses of U.S Citizens
    • Naturalization
    • Violence against women’s act (VAWA)
    • U Visa (Victims of Crimes)
    • T Visa (Human Trafficking)
    • Special Immigrant Juvenile Visa
    • Cancellation of Removal
    • Asylum
    • Voluntary Departure
    • Temporary Protective Status
    • Deferred Action
    • Deportation and Removal
    • Immigration Bond Hearings
    • NACARA
    • Immigration appeals

Law Offices of Valencia & Diaz, Ltd, Is a law firm whose attorney has successfully dealt with immigration issues for many years. We offer a dynamic practice in Ohio, across the states, and have years of experience in handling complex immigration issues, whether they are filings, consular issues or litigation. We represent individuals and corporations, and our partners provide each and every client with personal attention and experienced counsel.

PETITION FOR ALIEN RELATIVE

The petition for alien relative (form I-130) and its supporting documentation establishing that he petitioner is either a lawful permanent resident or U.S citizen and that the claimed relationship to the alien beneficiary is a legally qualifying one. When completing the form, the petitioner is the U.S Citizen or LPR who is petitioning for the alien relative and the intending immigrant is the beneficiary.

Immediate family members are spouses, parents and unmarried children under 21 of U.S Citizen. All other qualifying relationships fall within the preference category. Petitioners seeking to inmigrate immediate relatives must file a separate I-130 for each family member.

ADJUSTMENT OF STATUS

 There are two alternative ways to obtain lawful permanent resident status through a family based petition:

  1. Consular processing, which usually takes place in the intending immigrants country of residence, or
  2. Adjustment of status, which is proceeded by USCIS in the United States

CONSULAR PROCESSING

What is Consular Processing

Consular Processing refers to the procedure in which foreign nationals apply for immigrant visas (permanent resident status) at a United States embassy or consulate outside the U.S.

Procedure:

The USCIS forwards the approved immigrant petition to the National Visa Center (NVC). When an immigrant visa number becomes available, the NVC will send a packet to the applicant, which forms must be filled out and returned to the NVC with the required fees.

Once payment has been received, the NVC will send form DS-230 Part I to the applicant for completion. Once that form has been returned to the NVC, the NVC will send form DS-230 Part II along with a list of documents that should be brought to the consular appointment. The applicant must attend the appointment at the designated U.S. consulate abroad.

K VISA INFORMATION

K - Fiancé Visa

K visas are issued to two groups of people: 1) U.S. citizens' fiancés who are outside the U.S. (issued K-1 visas), and 2) U.S. citizens' spouses who are outside the U.S. (issued K-3 visas). The minor children of such fiancés or spouses who will accompany them to enter into the U.S. may apply for a "K-2" or "K-4" visa respectively.

The purpose of the K-1 visa is to allow the alien fiancé who lives outside the U.S. to travel into the U.S. to marry the citizen fiancé.

The purpose of the K-3 visa is to promote family reunion and serves as a temporary remedy for the long delayed family based immigration petition process. It allows the alien spouse to stay in the U.S. while waiting for the result of the pending immigration petition. The alien spouse may obtain work authorization during the waiting period.

Requirements

Fiancés of U.S. citizens (K-1):

  • The alien fiancé must be outside the U.S.;
  • The U.S. citizen must first file an I-129F petition with the USCIS and have it approved before the alien fiancé may apply for a K visa.
  • Both the U.S. citizen and the fiancé must remain unmarried until the arrival of the alien fiancé in the U.S.
  • The alien fiancé and U.S. citizen must have met personally at least once in the two years before the I-129F petition was filed.

Spouses of U.S. citizens (K-3):

  • The alien spouse must be outside the U.S..
  • An immigrant petition (Form I-130) for the benefit of the spouse must have been filed when the I-129F (K visa petition) is filed.
  • The U.S. citizen spouse must file an I-129F petition (K visa petition) with the USCIS and have it approved.
  • If the marriage occurred outside the U.S., the K visa must be issued by the U.S. consulate in the country where the marriage occurred.

Children of U.S. citizens' fiancés (K-2) and Children of U.S. citizens' spouses (K-4)

  • The child must be outside the U.S. and will accompany K-1/K-3 visa applicant or holder to come to the U.S.
  • The child must be unmarried and under 21 years old.

K-3 VISA INFORMATION

K - Fiancé Visa

K visas are issued to two groups of people: 1) U.S. citizens' fiancés who are outside the U.S. (issued K-1 visas), and 2) U.S. citizens' spouses who are outside the U.S. (issued K-3 visas). The minor children of such fiancés or spouses who will accompany them to enter into the U.S. may apply for a "K-2" or "K-4" visa respectively.

The purpose of the K-1 visa is to allow the alien fiancé who lives outside the U.S. to travel into the U.S. to marry the citizen fiancé.

The purpose of the K-3 visa is to promote family reunion and serves as a temporary remedy for the long delayed family based immigration petition process. It allows the alien spouse to stay in the U.S. while waiting for the result of the pending immigration petition. The alien spouse may obtain work authorization during the waiting period.

Requirements

Fiancés of U.S. citizens (K-1):

  • The alien fiancé must be outside the U.S.;
  • The U.S. citizen must first file an I-129F petition with the USCIS and have it approved before the alien fiancé may apply for a K visa.
  • Both the U.S. citizen and the fiancé must remain unmarried until the arrival of the alien fiancé in the U.S.
  • The alien fiancé and U.S. citizen must have met personally at least once in the two years before the I-129F petition was filed.

Spouses of U.S. citizens (K-3):

  • The alien spouse must be outside the U.S.;
  • An immigrant petition (Form I-130) for the benefit of the spouse must have been filed when the I-129F (K visa petition) is filed;
  • The U.S. citizen spouse must file an I-129F petition (K visa petition) with the USCIS and have it approved;
  • If the marriage occurred outside the U.S., the K visa must be issued by the U.S. consulate in the country where the marriage occurred.

Children of U.S. citizens' fiancés (K-2) and Children of U.S. citizens' spouses (K-4)

  • The child must be outside the U.S. and will accompany K-1/K-3 visa applicant or holder to come to the U.S.
  • The child must be unmarried and under 21 years old;

NATURALIZATION INFORMATION

What is Naturalization

Naturalization is the process by which U.S. citizenship is conferred upon a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA). The general requirements for administrative naturalization include:

  • If the applicant a period of continuous residence and physical presence in the United States;
  • If the applicant residence in a particular USCIS District prior to filing;
  • If the applicant an ability to read, write, and speak English;
  • If the applicant a knowledge and understanding of U.S. history and government;
  • If the applicant good moral character;
  • If the applicant attachment to the principles of the U.S. Constitution; and,
  • If the applicant favorable disposition toward the United States.

All naturalization applicants must demonstrate good moral character, attachment, and favorable disposition. The other naturalization requirements may be modified or waived for certain applicants, such as spouses of U.S. citizens.

A naturalized U.S. citizen gains several rights, including:

  • The right to vote in U.S. elections;
  • The right to obtain a United States passport;
  • The right to participate in federal programs such as Social Security;
  • The ability to qualify for certain security clearances

To become eligible for U.S. citizenship by naturalization, a person must have been a legal permanent resident of the U.S. for at least five years, during which no trips abroad were taken for more than six months, and were present in the United States for not less than half of the entire period (two-and-a-half years). Other factors, such as marriage to a U.S. citizen, may affect eligibility for citizenship.

After the naturalization application is approved, a person will not become a United States citizen until he/she has taken the Oath of Allegiance -- swearing allegiance to the United States and renouncing all allegiances to any foreign country. At such time you the Permanent Residence Card (Green Card), should be returned and a Certificate of Naturalization will be issued.

VAWA

As a battered spouse, child or parent, you may file an immigrant visa petition under the Violence against Women Act (VAWA). VAWA allows certain spouses, children and parents of U.S. citizens and permanent residents (green card holders) to file a petition for themselves without the abuser's knowledge. This will allow you to seek both safety and independence from the abuser. The provisions of VAWA apply equally to women and men. Your abuser will not be notified that you have filed for immigration benefits under VAWA.

Help is also available from the National Domestic Violence Hotline at 1-800-799-7233 or 1-800-787-3224 (TDD). The hotline has information about shelters, mental heath care, legal advice and other types of assistance, including information about filing for immigration status. For more information, visit the National Domestic Violence website.

Eligibility Requirements for a Spouse

  • You are:
    • married to a U.S. citizen or permanent resident abuser

or

    • your marriage to the abuser was terminated by death or a divorce (related to the abuse) within the 2 years prior to filing, or
    • your spouse lost or renounced citizenship or permanent resident status within the 2 years prior to filing due to an incident of domestic violence, or
    • you believed that you were legally married to your abusive U.S. citizen or permanent resident spouse but the marriage was not legitimate solely because of the bigamy of your abusive spouse.
  • You:
    • have been abused in the United States by your U.S. citizen or permanent resident spouse, or
    • have been abused by your U.S. citizen or permanent resident spouse abroad while your spouse was employed by the U.S. government or a member of the U.S. uniformed services, or
    • are the parent of a child who has been subjected to abuse by your U.S. citizen or permanent spouse.
  • You entered into the marriage in good faith, not solely for immigration benefits.
  • You have resided with your spouse.
  • You are a person of good moral character.

Eligibility Requirements for a Child

  • You:
    • are the child of a U.S. citizen or permanent resident abuser
    • were the child of a U.S. citizen or permanent resident abuser who lost citizenship or lawful permanent resident status due to an incident of domestic violence
    • have been abused in the United States by your U.S. citizen or permanent resident parent
    • have been abused by your U.S. citizen or permanent resident parent abroad while your parent was employed by the U.S. government or a member of the U.S. uniformed services
    • have resided with the abusive parent
    • have evidence to prove your relationship to your parent
    • must provide evidence of good moral character if you are over the age of 14

Eligibility Requirements for a Parent

  • You are the parent of a U.S. citizen son or daughter or were the parent of a U.S. citizen son or daughter who lost or renounced citizenship status related to an incident of domestic violence or died within 2 years prior to filing
  • You have been abused by your U.S. citizen son or daughter
  • You have resided with the abusive son or daughter
  • You are a person of good moral character

VISA U

The purpose of the U visa is give victims of certain crimes temporary legal status and work eligibility in the United States for up to 4 years. The U visa is a nonimmigrant visa and only 10,000 U visas may be issued every fiscal year. Family members may also be included on the petition including spouses, children, unmarried sisters and brothers under 18, mothers, fathers, as well as stepparents and adoptive parents. An approved U visa petition will automatically grant the applicant work eligibility in the United States. An Employment Authorization Document will be included with all approved petitions, which can be shown to any employer to obtain a Social Security Number to start work legally. Currently all U visa applications are filed at the Vermont Service Center.

U Visa Application: An application for the U visa is filed with Form I-918, and there are different requirements that must be satisfied before an application can be submitted. To qualify, individuals must demonstrate that they:

  • Suffered substantial physical or mental abuse as a result of having been a victim of criminal activity;
  • Possess information concerning the criminal activity; and
  • Have been helpful, are helpful, or are likely to be helpful to law enforcement or prosecutors.

The applicant must have suffered substantial physical or mental abuse due to a criminal activity in at least one of the following categories: 

Rape

Torture

Trafficking

Incest

Domestic violence

Sexual assault

Abusive sexual contact

Prostitution

Sexual exploitation

Female genital mutilation

Hostage situations

Peonage

False imprisonment

Involuntary servitude

Slave trade

Kidnapping

Abduction

Unlawful criminal restraint

Blackmail

Extortion

Manslaughter,

Murder

Felonious assault,

Witness tampering

Obstruction of justice

Perjury or attempt

Conspiracy, or solicitation to commit any of the above mentioned crimes

A portion of Form I-918 must be certified by a Federal, State or local law enforcement agency, such as a prosecutor or a Federal or State judge in charge of the investigation in which the petitioner is the victim. Without this certification, the U visa petition cannot be submitted. However, a certification alone is not enough to establish eligibility as all facts around the petition will be considered. The certifying individual must be the head of the agency or a person designated to issue U nonimmigrant certifications. If at any point the victim stops to cooperate with law enforcement, the certification can be withdrawn.

VISA T

In October 2000, Congress created the “T” nonimmigrant status by passing the Victims of Trafficking and Violence Protection Act (VTVPA). The legislation strengthens the ability of law enforcement agencies to investigate and prosecute human trafficking, and also offer protection to victims. 

Human trafficking, also known as trafficking in persons, is a form of modern-day slavery in which traffickers lure individuals with false promises of employment and a better life. Traffickers often take advantage of poor, unemployed individuals who lack access to social services. The T Nonimmigrant Status (T visa) is a set aside for those who are or have been victims of human trafficking, protects victims of human trafficking and allows victims to remain in the United States to assist in an investigation or prosecution of human trafficking.

You may be eligible for a T visa if you:

  • Are or were a victim of trafficking, as defined by law
  • Are in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to trafficking·
  • Comply with any reasonable request from a law enforcement agency for assistance in the investigation or prosecution of human trafficking (or you are under the age of 18, or you are unable to cooperate due to physical or psychological trauma)
  • Demonstrate that you would suffer extreme hardship involving unusual and severe harm if you were removed from the United States
  • Are admissible to the United States. If not admissible, you may apply for a waiver on a Form I-192, Application for Advance Permission to Enter as a Non-Immigrant

SPECIAL IMMIGRANT JUVENILE STATUS (SIJS)

In 1990, Congress enacted federal law to assist certain undocumented children in obtaining lawful permanent residence through a special immigrant visa category known as Special Immigrant Juvenile Status (SIJS). In 2008, the statutory definition of SIJS was clarified and expanded under new reauthorized legislation.

SIJS helps certain undocumented children in the state juvenile system to become Lawful Permanent Residents (LPR).  Children involved in adoption or guardianship proceedings who have been abandoned, abused or neglected may be able to obtain Special Immigrant Juvenile Status and, based on that, apply to become a LPR.

In its current form, the SIJS law requires that an applicant file Form I-360 visa petition with supporting documentation, including a juvenile court order signed by a judge making the findings described below.  An application for lawful permanent residence may be concurrently filed with the I-360 visa petition, or, it may be filed following the approval of the visa petition.  Immigrant youth may be eligible to receive employment authorization during the pendency of their application, and ultimately lawful permanent residence upon approval of their visa petition.  SIJS applicants are excused from many requirements that most other applicants for lawful permanent residence must meet, including providing proof of a lawful entry into the United States.  However, there are some instances where a waiver may be required for certain criminal or immigration issues, and intending immigrants with these complications are advised to have their cases reviewed by an immigration attorney.

Eligibility Requirements for SIJS applicants:

  • The intending applicant must be under the age of 21 and unmarried. (Many children may not be able to get the necessary court order if they are over 18 years of age.)
  • S/he must be declared a dependent on a “juvenile court” in the United States, or the court must have legally committed the child to, or placed him or her under the custody of an agency or department of a state, or an individual or entity appointed by a state or juvenile court, while the child is in the United States.  The child must remain under the jurisdiction of that court during the SIJS application process.
  • A “juvenile court” is defined as a court located in the United States having jurisdiction under state law to make judicial determinations about the custody and care of juveniles.  This covers children in dependency, adoption, guardianship/probate, and delinquency proceedings.
  • In addition to the finding above, the juvenile court must also make the following findings:
  • The child’s reunification with one or both parents is not viable due to abuse, neglect, or abandonment or a similar basis found under state law; and,
  • It is not in the child’s best interest to be returned to his or her country of nationality or last habitual residence.  

CANCELLATION OF REMOVAL:

Generally

"Cancellation A", "Cancellation B", and asylum are broad, discretionary applications of human rights to immigration proceedings, where the equities outweigh the negatives of a claim. However, certain groups are ineligible, including:

  1. Noncitizens who failed to appear or failed to leave when given voluntary departure (for 10 years);
  2. Aggravated felons (unless relief is granted from DHS); and
  3. Anyone deportable on terrorist grounds.

There is no judicial review of cancellation, voluntary departure, and adjustment of status.

Cancellation A resumes LPR status, whereas Cancellation B grants LPR status. (If 10,000 visas not used up). It is best practice to set master calendar at the beginning of the INS year.

General crimes waiver for noncitizens seeking to adjust

This relief is not available to aggravated felons, or if seven years have not passed between admission and the expulsion proceedings. 

Cancellation A

Cancellation A is the discretionary form of relief from deportation available only to noncitizens with permanent resident status who do not all under one of the above exclusions from relief. In granting relief, the court balances the equities. To qualify, a noncitizen must have:

  1. Five years of permanent resident status, which is counted from the grant of such status by DHS to its end upon a final order of removal, which is the affirmation by the Board of Immigration Appeals (BIA) of a deportation order, or the time at which the filing for a BIA appeal lapses (permanent resident status gained by fraud does not count); and
  2. Seven years of continuous physical presence, beginning in any status, but with at least five of those years in permanent resident status.
    • The issuance of a Notice to Appear (NTA) brings continuous presence to an end, but not the years as a resident.
    • Continuous presence does not end when the noncitizen has a lapse in status, as long as thenoncitizen was admitted. For example, if the noncitizens enters in as a visitor, falls out of status, and then gains permanent resident status.
    • If a noncitizen enters without admission and then attains permanent resident status, continuous residency begins on the date that status began.

Cancellation A is not available to holder of J-1 or D-1 visas, or anyone else seeking to avoid the two-year abroad requirement, those for whom removal has previously been cancelled, and aggravated felons.

Cancellation B

Cancellation Part B is the discretionary form of relief which replaced the former Suspension of Deportation. J-1s and D-1s are not eligible. All others must demonstrate:

  1. 10 years continuous presence;

Continuous presence ends when:

      • The issuance of a notice to appear or the date of an offense was committed; or
      • A single absence exceeds ninety days, or absences in aggregate exceed 180 days; or
      • The noncitizen takes voluntary departure.
  1. Exceptional and extremely unusual hardship to a spouse, parent or child who is a U.S. citizen or permanent resident; and
  2. Good moral character for the prior ten years (the same standard as for naturalization, which requires only five years). This can be negated by:
    1. Alcoholism;
    2. Gambling;
    3. Smuggling;
    4. False testimony under oath for benefits;
    5. Confinement for over 180 days due to a conviction;
    6. Specified criminal activities;
    7. Previous removal; and
    8. Failure to pay taxes.

ASYLUM

A discretionary grant of asylum may serve for the basis for attaining permanent resident status after one year, and asylum status lasts indefinitely. Once granted, the noncitizen can't be removed anywhere. It also grants derivative status to family members, who can be petitioned in without a waiting period. It is not available to aggravated felons.

Asylum relief may be granted based a showing of a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a social group.

Well-founded fear

The noncitizen must have a subjective fear of persecution, which must be objectively reasonable-in conformity with what is known about conditions in the country from which relief is sought. This may be met where there is at least a 10% chance of actual persecution. The extent to which the fear is subjective depends on the listener-the same threat has different effects on war vets than on children. One must look at the background and all factors related to the alien; what she can reasonably endure and the emotional impact on her-the proclivities of the alien.

Social group and political opinion

Of the five protected grounds, particular social group and political opinion grounds generate the most issues. A particular social group may consist of immutable characteristics, associations so fundamental to a person's being that she shouldn't be forced to change them, or a past association which has become immutable through the passage of time.

VOLUNTARY DEPARTURE

Voluntary departure is a limited form of relief that reduces the amount of time for which an alien is barred from returning. It may be offered by the government either at the beginning of removal proceedings or at the conclusion of proceedings. To qualify, the noncitizen must show that she has one year physical presence before the Notice to Appear, good moral character for five years, no CIMTs or security threats, that the noncitizen has the financial ability to depart, and clear and convincing evidence that the noncitizen intends to depart. If the noncitizen overstays past the date at which he was scheduled to leave, she is ineligible for voluntary relief. Voluntary departure is only advisable where one would not be found inadmissible upon return to the U.S., and can petition at a consular office abroad.

TEMPORARY PROTECTED STATUS

Temporary Protected Status (TPS) is a designation made by the Attorney General for nationalities of certain countries affected by war or disaster; TPS allows these nationals to temporarily remain and work in the U.S. TPS does not cure (fix) past status violations; when TPS ends, a noncitizen may become deportable. Once a nationality has been designated, DHS issues instructions for applications, which are made to USCIS. Requirements generally include that the noncitizen: be a national of the designated country or not have a nationality but last habitually resided in the designated country; have been continuously physically present in the U.S. since the designation; have resided continuously in the U.S.; be admissible as an immigrant (though some inadmissibility grounds may not apply); not have been convicted of an aggravated felony or several misdemeanors; and register for TPS without the designated timeframe.

DEFERRED ACTION

Deferred action is an agreement by DHS to defer deportation. It is a generally informal process, and a denial cannot be appealed. Often, medical grounds are given greater consideration than other concerns. Though deferred action usually involves a single individual, it has been applied to entire nationalities, similar to TPS, or classes of people. Requests are usually made to Immigration Customs and Enforcement (ICE) where decisions are made by a Field Officer who considers factors such as: the likelihood of the noncitizen being actually deported; the likelihood of bad publicity if the noncitizen is actually deported; the need for the noncitizen's presence for ongoing investigations into criminal cases; and whether the noncitizen is a member of a class of people whose removal has been given high priority. A request can be made at any time. Deferred action does not grant any immigration status; it is similar to achieving a stay of removal (discussed above).

NACARRA

NACARRA is a form of relief offered to Nicaraguans and Cubans who came before 1990, while suspension standard NACARRA (Special Rule) is available to nationals from Guatemala, El Salvador, the former USSR and most Eastern European nations. The standard is that of the former Suspension of Removal, not Cancellation B. This discretionary relief requires a showing of extreme hardship to either the alien or to the alien's child or spouse who is a USC or who has LPR status, in addition to seven years continuous presence (there is no stop-time rule).

 

 

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Real Estate Law

Real estate law has always been an important practice area for The Law Offices of Valencia & Diaz, Ltd. Contact our office for more information about our comprehensive real estate practice.

Real Estate Litigation and Transactions

We undertake all types of commercial and residential real estate transactions for individual and business clients. In addition, we provide litigation services for resolving real estate disputes. Our representation includes:

  • Drafting purchase agreements for commercial and residential buyers and sellers
  • Arranging 1031 like kind transfers
  • Managing commercial lease negotiations for businesses
  • Resolving landlord-tenant disputes
  • Representing purchasers and sellers at closings
  • IF YOU ARE NOT A UNITED STATES CITIZEN

Contact Us

If you need a landlord-tenant lawyer to resolve a dispute, or want an attorney to accompany you to a residential closing, contact our firm, The Law Offices of Valencia & Diaz, Ltd. We have many years of experience providing businesses and individuals with cost-effective real estate representation. We are ready to use that experience to help you with your real estate legal needs.

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5427 Cornell Road
Cincinnati OH 45242

Phone. 513.618. 2005
Fax: 513.984.4430

Email: louis@valenciadiaz.com
deifilia@valenciadiaz.com