Law Offices of Sandra Echevarria, P.A.Law Offices of Sandra Echevarria, P.A.2026-05-26T16:14:27Zhttps://www.lawofficeofsandraechevarria.com/feed/atom/WordPress/wp-content/uploads/sites/1204166/2024/12/cropped-siteIcon-32x32.pngOn Behalf of Law Offices of Sandra Echevarria, P.A.<![CDATA[Can I stop deportation if my children are U.S. citizens?]]>https://www.lawofficeofsandraechevarria.com/?p=515152026-01-23T17:34:02Z2026-01-23T17:34:02Z about potential deportation are high throughout the country. These concerns are fueled not only by media outlets showing story after story of United States Immigration and Customs Enforcement (ICE) agents taking immigrants into custody but also by data which shows that the number of removals is on the rise. In 2021, ICE reported just over 50,000 removals. In 2024, this number skyrocketed to over 250,000.Concerns about deportation are valid, and immigrants are wise to ask about legal remedies to help protect their ability to remain in the country. One common question involves children. If an immigrant has a child who is a United States citizen, can they remain within the country regardless of their own immigration status? The answer will depend on the details of the situation. The following will dive into this question and provide some guidance to help you understand the factors that often guide these decisions.
Does having a U.S. citizen child provide automatic protection?
Unfortunately, any amount of protection that a parent may have through a United States citizen child is not automatic. However, when a U.S. citizen child turns 21 they can petition for their parents to receive a green card. It is important to note that even at this point, prior unlawful presence is a hurdle to approval. One tool that can help to get past this hurdle is Form I-601, Application for Waiver of Grounds of Inadmissibility. If approved, this can essentially provide forgiveness for remaining in the country unlawfully while the children were young. Another tool commonly used in the past to help parents remain in the country was reliance on prosecutorial discretion. This refers to the reality that ICE cannot deport everyone, so they focus their efforts on deporting criminals. Using prosecutorial discretion, ICE may choose to temporarily refrain from deporting parents with citizen children. Unfortunately, even during President Donald Trump’s first administration ICE shifted its focus to broaden enforcement efforts and all undocumented immigrants, even those living in the United States for years with citizen children, have become targets. Although it is important to consider use of this tool it is not as reliable as it once was.
How can parents fight back if facing deportation?
The best approach will depend on the details of your case. Factors that will impact the strategy include whether you entered the country legally or not, the age of the child or children, the presence of any criminal history and connections to the country. In some situations, hardship waivers can provide relief. This option focuses on the impact of separation. In many waiver-based cases, the qualifying relative is a U.S. citizen or lawful permanent resident spouse or parent. U.S. citizen children can provide supporting evidence though they generally cannot serve as a qualifying relative. Evidence that can help build the case for hardship can include:
Financial: tax returns, pay stubs, debts, childcare costs, housing records
Emotional, educational: therapy notes, school plans, special education documents, country conditions reports
A strong request connects this documentation to specific harm. Use the above as a checklist but include a narrative to explain the true impact of threatened deportation. Additional legal remedies that may apply can include a Violence Against Women Act (VAWA) petition which can lead to lawful permanent resident status as well as family unity based remedies such as the 237(a)(1)(H) Waiver.
What steps should I take if I am in this situation?
Take the time to gather and organize documents like children’s birth certificates, proof of your identity, court notices, prior immigration records, affidavits from caregivers, medical providers, employers and any other documentation you think may be helpful. It is important to seek legal counsel with experience in this area of law as filing the wrong forms can lead to denial and cause further strain to the family.Although U.S. citizen children do not create automatic deportation protection their presence can serve as a part of a deportation defense case to remain in the country. Options can include prosecutorial discretion plus hardship-focused relief where eligibility exists, supported by detailed evidence tied to qualifying relatives and extreme hardship. A case assessment based on your exact immigration history is the first practical step.]]>On Behalf of Law Offices of Sandra Echevarria, P.A.<![CDATA[Facing a Deportation Hearing? First Steps to Protect Yourself]]>https://www.lawofficeofsandraechevarria.com/?p=515142026-01-02T21:17:11Z2026-01-02T21:17:11ZWhat happens during deportation hearings?
A notice to appear advises an immigrant of the first scheduled hearing, also known as a master calendar hearing. Much of the time, immigrants can expect that hearing to occur approximately a month after receiving the notice to appear.
In some cases, those who do not yet have legal representation can request a 10-day delay to secure legal representation. Immigrants attending a master calendar hearing enter pleas responding to the allegations against them, inform the courts of their lawyer’s identity and schedule individual hearings.
Immigrants often need to wait months after a master calendar hearing for an individual hearing. This hearing is the trial at which the courts consider their case. The attorney representing the immigrant can present evidence and call witnesses. If the hearing is successful, the immigrant can avoid deportation.
The time between the master calendar hearing and the individual hearing or merits hearing is an opportunity to gather documentation, secure paperwork from immigration authorities and consult with an attorney. Immigrants preparing for hearings should not miss deadlines or fail to attend the hearing.
They also need to avoid moving without providing formal notice of the change in their address. Additionally, they should avoid talking to any immigration authorities without an attorney present. If there are check-ins or biometric appointments scheduled, the immigrant facing a deportation hearing must ensure they attend all necessary appointments.
It is only natural to feel frightened when notified of a potential deportation, but immigrants have the right to due process and legal representation. Having assistance when responding to a notice to appear can help immigrants understand their rights and potentially avoid deportation.]]>On Behalf of Law Offices of Sandra Echevarria, P.A.<![CDATA[My visa expired — can I still get an extension in Florida?]]>https://www.lawofficeofsandraechevarria.com/?p=515092025-10-15T18:46:16Z2025-10-15T18:45:47Z your visa expires, it means the document that allows you to enter the United States is no longer valid for entry. However, this is different from the expiration of your lawful status, which is determined by the date on your Form I-94, the Arrival/Departure Record. Your I-94 indicates how long you are permitted to stay in the U.S. legally. Many people find themselves in situations where their visa has expired, but they still have time left on their I-94. This distinction is crucial for understanding your options.
Common scenarios that can cause this include individuals on work or tourist visas who realize their visa has expired but still have valid status to remain based on their Form I-94. To find the date that your legal time expires, look at the lower right-hand corner of Form I-94, Arrival-Departure Record.
What are my options after my visa expires?
If your visa has expired, you may wonder what steps to take next. It is important to review the expiration date on Form I-94. If that date has not yet passed, you are likely still authorized to remain in the country. The United States Citizen and Immigration Services (USCIS) recommends seeking an extension at least 45 days prior to the authorization expiration date. It is important to act quickly. Time is of the essence. The longer you wait, the fewer options you may have. If you stay past this expiration date, keep detailed records of why you overstayed, as this will be crucial in any application or appeal.Dealing with an expired visa can be stressful, but understanding the difference between visa expiration and lawful status expiration is the first step. In Florida, local resources can assist, but it is vital to act quickly and seek professional guidance. By documenting your situation and consulting with an immigration attorney, you can explore potential solutions and minimize the risk of future complications. Remember, proactive steps today can help secure your status tomorrow.]]>On Behalf of Law Offices of Sandra Echevarria, P.A.<![CDATA[What Happens if My Work Visa Application Is Denied?]]>https://www.lawofficeofsandraechevarria.com/?p=515082025-10-23T22:46:29Z2025-10-15T05:23:02ZA denial can delay your move and your new job. You can still move forward if you understand where denials happen, why they occur and what steps to take next.
Where denials can happen
Denials often happen because you missed documents, failed to meet eligibility rules or the officer believed you planned to stay in the U.S. permanently. A work visa can be denied at three stages:
USCIS denial: USCIS may deny your employer’s petition.
Consular refusal: A consular officer may refuse the visa during your interview.
CBP denial: A Customs and Border Protection officer may deny your entry at the port of entry.
A rejection means your application had a basic error such as a missing fee. A refusal means the officer needs more information. A denial means your case was reviewed and not approved under immigration law.
Legal context under the Immigration and Nationality Act (INA)
The Immigration and Nationality Act (INA) sets the laws for visa eligibility. The Department of State and USCIS apply these sections when reviewing applications:
INA Section 214(b): One of the most common denial reasons. This presumes every nonimmigrant visa applicant intends to stay in the U.S. permanently. You must prove strong ties to your home country such as family, property or employment to show intent to return.
INA Section 221(g): Covers temporary refusals for missing documents or pending administrative checks. You must provide what the officer requests before a final decision.
INA Section 212(a): Lists reasons a person may be inadmissible such as certain criminal records, health issues or prior immigration violations. Some applicants may request a waiver under USCIS rules.
These laws guide how officers decide whether a work visa applicant qualifies to enter the United States.
What to do after a denial
Your next step depends on the reason in your denial letter. You can take the following actions:
Submit missing documents: Provide requested information if refused under 221(g).
File a motion or appeal: Your employer may file Form I-290B to request review.
Reapply with stronger evidence: Fix issues and include updated documentation.
Request a waiver: Apply if eligible under 212(a).
Each option has strict deadlines so review your notice closely.
What you can do next
If your work visa is denied while seeking employment in Florida, you may get help from an immigration attorney. The denial letter includes legal references that can affect your options. An attorney can explain the reason for the denial, tell you whether you can reapply, appeal or request a waiver, and help you prepare a stronger case for your next submission.]]>On Behalf of Law Offices of Sandra Echevarria, P.A.<![CDATA[Applying for TPS in Florida: What immigrants need to know]]>https://www.lawofficeofsandraechevarria.com/?p=515062026-01-26T06:04:02Z2025-08-21T16:35:18ZTemporary Protected Status (TPS) is a lifeline for many immigrants in Florida. It's a program that allows people from certain countries to stay in the U.S. when it's not safe to return home. For Florida's diverse immigrant community, TPS can mean the difference between safety and uncertainty. It offers a chance to work and live without fear of deportation, at least for a while.
Eligibility and benefits of TPS
To get TPS, you must be from a country on the TPS list , such as El Salvador or Syria, and already living in the U.S. These designations occur when a country faces ongoing armed conflict, environmental disasters or other extraordinary conditions. You need to have been here since a specific date and stayed here without leaving, check USCIS website to confirm the date. If you qualify, TPS offers:
It's important to know that some criminal records, such as a felony or multiple misdemeanors, can stop you from getting TPS. The government usually gives TPS for 6 to 18 months at a time, but often extends it if conditions in your home country don't improve.
How to apply for TPS
Applying for TPS involves filling out the Form I-821 online. You will need to prove you're from a TPS country with either a birth certificate or passport, and that you have been living in the U.S. since the required date. When filing Form I-821, you can also submit a completed Form I-765 to request an Employment Authorization Document (EAD).It's a good idea to get help with this process. An immigration lawyer in Florida can help you understand if you qualify and how to apply correctly. They can also help if you run into problems with your application or need to defend your TPS status. Remember, you must apply during the registration period for your country.
Keeping your TPS status
Once you have TPS, it's crucial to keep it. This means re-registering every time the government announces a new registration period for your country, which usually lasts three months. Missing these deadlines can cause big problems. Also, if you need to travel outside the U.S., make sure you get special permission first. Leaving without this can make you lose your TPS.
What is next
TPS offers vital protection for many immigrants in Florida. It's a temporary solution, but it can provide safety and work opportunities during difficult times. If you think you might qualify for TPS, act quickly to apply or re-register. TPS can be a bridge to a more secure future, giving you time to explore other long-term options for staying in the U.S. legally.]]>On Behalf of Law Offices of Sandra Echevarria, P.A.<![CDATA[Step-by-step guide to applying for a family-based visa in Florida]]>https://www.lawofficeofsandraechevarria.com/?p=515042025-08-21T14:31:13Z2025-08-21T14:31:13ZStep 1: Understand the categories
Family-based visas fall into two main categories: immediate relatives and family preference categories. The first category is made up of spouses, children who are not married and under 21, as well as parents of U.S. citizens. The family preference group is more distant relatives and have longer wait times due to annual limits. Knowing your category is crucial as it affects processing times and eligibility.
Step 2: Filing Form I-130: Petition for Alien Relative
The first step is to file Form I-130 with the U.S. Citizenship and Immigration Services (USCIS). This form shows the US that there is a true relationship between the petitioner (U.S. citizen or permanent resident) and the beneficiary (foreign relative). Be sure to include:
Proof of U.S. citizenship or permanent residency. This can include a copy of a birth certificate, naturalization or citizenship certification, US passport or Permanent Resident Card.
Evidence of the family relationship. This can include birth or marriage certificates),
Required fees. Check the agency’s fee schedule page as the amount can change.
The agency will likely reject any application that does include these items.
Step 3: National Visa Center processing or adjustment of status
Once USCIS approves Form I-130, the process will move forward based on the beneficiary's location. If outside the U.S., the National Visa Center (NVC) handles further processing. If already in the U.S., the beneficiary may apply for an adjustment of status.
Step 4: Supporting forms and document collection
Prepare to submit additional forms and documents, such as the Affidavit of Support (Form I-864), which demonstrates financial capability to support the beneficiary. Necessary forms can include Form I-864, Form DS-260 (for consular processing), and Form I-485 (for adjustment of status). Include important documents like financial documents, civil documents (e.g., police certificates), and medical examination results.
Step 5: Biometrics and interview
The USCIS may also require a biometrics appointment for fingerprinting and photographs. The interview also happens around this time in the process. It is important to prepare for the visa interview to better ensure it goes well. It helps to review your application, gather all required documents, and practice answering potential questions.
Step 6: Waiting for approval and next steps
After the interview, wait for visa approval. Once approved, the beneficiary can enter the U.S. and eventually receive a green card.
Applying for a family-based visa in Florida involves several detailed steps, but understanding the process can ease your path. Updates can impact the process, so it is important to stay up to date on legal happenings that could impact your immigration status. Keeping that in mind and following this guide can help you to work through each stage with confidence, bringing you closer to reuniting with your loved ones in the United States.]]>On Behalf of Law Offices of Sandra Echevarria, P.A.<![CDATA[Can Florida deport immigrants? State vs. federal authority]]>https://www.lawofficeofsandraechevarria.com/?p=515012026-01-26T06:02:56Z2025-06-17T20:18:38Zdeportation proceedings?
The federal government has authority over immigration
The United States Constitution gives the federal government the main responsibility for immigration laws and enforcement. This means that immigration laws are set at the federal level.
Organizations like Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) enforce immigration policies. These federal groups can detain, process and deport people who break immigration laws.
As a result, there are limits to the state’s power
Florida, like other states, cannot deport immigrants on its own. Only the federal government can make final decisions to remove people from the country.
However, states can help with immigration enforcement by working with federal agencies. State police can detain, arrest, and hand over people to federal authorities. For instance, police in Florida might team up with ICE for certain immigration tasks.
States also play a role in shaping how immigration policies are applied locally. States can enact laws that influence the daily lives of immigrants, such as those related to employment, education, and access to services. Some states have made laws to support immigrant communities or to increase local enforcement of federal immigration laws. However, these laws must operate within the framework established by federal immigration policy.
Florida has increasingly cooperated with federal agencies
Recently, Florida has been more active in immigration enforcement. The state uses agreements called 287(g) agreements to allow state and local police to help ICE or CBP with certain tasks. This teamwork has led to major operations and more cooperation with federal agencies.
Florida has also set up state offices and councils to improve coordination with federal authorities. These groups work with police, offer advice and manage immigration efforts in the state.
How has this changed in recent years?
New state laws and proposals have emerged in Florida. These plans increase detention powers. They also suggest actions like deportation flights and using military judges for immigration cases. These proposals have led to debates and legal challenges. Their effect on communities and law enforcement is still a hot topic. These challenges often leave immigrants unsure about what state authorities can do and what their rights are.
Even though Florida is increasing its role in immigration enforcement, the federal government still holds the power to deport. People worried about their immigration status should get legal advice to know their rights and options.]]>On Behalf of Law Offices of Sandra Echevarria, P.A.<![CDATA[What to do if detained by ICE: A guide for immigrants]]>https://www.lawofficeofsandraechevarria.com/?p=513972026-01-26T06:04:42Z2025-03-14T19:54:02ZImmediate steps for all immigrants
Regardless of immigration status, certain actions are critical during an ICE detention:
Remain calm and polite: Aggressive behavior can complicate the situation.
Exercise your right to remain silent: You generally have the right to not answer questions until you have spoken with an attorney.
Do not sign anything: ICE may present documents that could jeopardize your stay in the U.S. Always consult with a lawyer first.
The strategy to combat deportation or extended detention varies depending on one’s immigration status. Permanent residents (Green Card holders) are wise to carry proof of permanent residency. This can help address any issues before they escalate. Non-permanent residents (Visa holders, DACA recipients, etc.) should stay informed about visa conditions and take steps to ensure compliance. If detained, contact the sponsor or legal advisor for assistance. Undocumented immigrants should contact a trusted family member or friend who can hire an immigration lawyer on their behalf. It is helpful to inform family and loved ones of how to find individuals detained by ICE. This information can help them feel empowered and start to advocate on your behalf.
Each category requires a tailored approach to effectively handle the legal challenges posed by ICE detention.
It is important to understand and assert your rights when detained by ICE, regardless of your immigration status. Immediate steps like remaining silent and not signing documents without legal advice are important. Further actions should align with your specific immigration situation. Remember, a well-informed approach can significantly influence the resolution of your case, potentially safeguarding your future in the United States.]]>On Behalf of Law Offices of Sandra Echevarria, P.A.<![CDATA[Navigating the Path to Citizenship: Which Visas Lead to Citizenship?]]>https://www.lawofficeofsandraechevarria.com/?p=513892025-10-23T22:52:35Z2024-09-20T21:34:44Zimmigration attorneys like those at Law Office of Sandra Echevarria, P.A., it is possible to achieve your goal of becoming a U.S. citizen. Whether you are pursuing family-based immigration, employment-based opportunities, or other pathways outlined above, our team is dedicated to helping you every step of the way. Contact us today to learn more about how we can assist you on your journey towards citizenship.]]>On Behalf of Law Offices of Sandra Echevarria, P.A.<![CDATA[What Documents are Required to Apply for Naturalization in the United States?]]>https://www.lawofficeofsandraechevarria.com/?p=513902024-08-30T21:37:18Z2024-08-30T21:37:18Z