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Miami Immigration & Naturalization Law Blog

Landscapers on edge after recent immigration raids

Many Florida residents use landscape companies to make their yards an extension of their houses. People love to hang out in their yards and entertain friends, play with their kids, and just relax in nature. This is true for many Americans across the United States and summer is a particularly busy time for landscapers who are trying to keep up with their many clients. Many landscapers hire migrant workers to help them in their busy season, but a recent crackdown by the government is making them nervous for their employment immigration issues.

Landscaping companies in Ohio are dealing with recent immigration raids that is affecting landscapers throughout the United States. 114 workers were arrested because they did not have proper documentation. H2-B visas are used for temporary workers, like those who work landscaping. Landscapers rely on the H2-B visas more than many other industries and they need these workers to fill vacancies they are not able to fill using domestic workers. Employers say that these immigration crackdowns show that they are not able to find the labor they need on the H2-B visas they are offered.

Activists want to end separation of immigrant parents, children

Recent news stories are highlighting the reality that many immigrant families are facing. Children are being separated form their parents at the border. These unthinkable actions have led to many protests across the United States.

At least 600 children were removed from their parents last month as part of President Trump's crackdown on illegal immigration. The children are taken away as a deterrent for illegal immigrants to cross the border. The parents are charged with illegal entry and sent to jail and the children are placed in shelters run by the Department of Health and Human Services. Protesters say that these children are separated from their parents for weeks or months and even when their parents are released from jail they are placed in immigrant detention without their children. The administration is defending their policy because the immigrants are committing a crime.

Woman files lawsuit against after serious fall

The cruise industry is a major business in South Florida. Many Florida residents and visitors go on a cruise out of Florida ports. Most of the time vacationers have a safe and fun time while they're on a cruise, but occasionally an accident occurs that may qualify for premises liability.

Recently, a woman sued Oceania Cruise line after she suffered a fall while on a cruise. The woman fell on a wet spot on the deck and another passenger fell on top of her. The woman broke her ankle, fractured multiple ribs and suffered from lots of bruising on her leg which led to problems with her circulation. The woman claims the cruise line was negligent in not drying the steps, not providing a safe walkway, not following safety policies when it comes to cleaning and drying the decks and not replacing the material when it could pose a harm to others.

What options do I have if I am injured by a defective product?

Unfortunately, unsafe, defective and dangerous products result in thousands of injuries each year in the United States. Victims injured by a dangerous product may wonder what options they have when they have been harmed. Fortunately, a special area of the law referred to as products liability law protects victims injured by an unsafe, defective or dangerous product.

When a product does not meet the ordinary expectations of a consumer, the product may be considered a dangerous product and the manufacturer, seller or others in the chain of distribution may be liable to the injured victim for the harm they have suffered. Products that have an unexpected danger or defect may create liability under three general theories of liability including negligence, strict liability or warranty which includes either express warranty or implied warranty.

Helping you enter the path towards citizenship

When we are born, it assumed that the country we are born in is our home country. But there are some events that could alter this. In cases where a child was born abroad, his or her parents will likely have to take steps to establish U.S. citizenship. In other cases, an individual seeks to marry a U.S. citizen, causing them to enter the path towards citizenship. Finally, some foreign nationals seek a fresh start. Whether it is to escape persecution or obtain academic or work opportunities, some immigrants seek citizenship because they want to call America their new home.

Entering the path toward citizenship is an emotional experience. Even if there are no legal obstacles to complete this process, this is a major step for an individual. He or she is giving up their citizenship of their home country in order to become a citizen of the U.S. At Kurzban Kurzban Weinger Tetzeli and Pratt, P.A., our skilled legal team has years of experience guiding immigrant clients through this process.

Major labor shortage due to shortage of immigrant labor

Immigrants have always been the backbone of the U.S. economy. They provide labor that no one else wants to do in many situations, including working in meatpacking plants, agriculture and construction. But, with the crackdown in immigration under full force, the U.S. labor market is at a crisis level.

The National Immigration Forum, a Washington think tank, is estimating that the U.S. will be facing a labor shortage of 7.5 million by 2020 with the shortage of workers getting even worse with a decrease of newborns being born. Employers are having to become more accommodating to their workers in order to attract them. This can include prayer rooms for Muslim workers, English classes, and pushing for a better guest worker program. Immigrants make up almost 20% of the labor market and with fewer immigrants coming across the border, labor shortage will be a major problem.

Immigrants accused of crimes not allowed day in court

When a person is accused of a crime in Miami they get their time in court to defend themselves. Usually, everyone is innocent until proven guilty. But, for some immigrants seeking legal status, their time in court has not come.

Immigration advocates are accusing the Immigration and Customs Enforcement Agency of blocking due process rights for immigrants. They say that the agency is specifically targeting and deporting defendants who have not been found guilty yet. They have also used criminal allegations as the basis of a deportation before the immigrant has a chance to defend themselves. In some cases, ICE takes immigrants facing charges far from the court where they are to appear which makes it virtually impossible for them to return for their trial. ICE is continuing to arrest immigrants with criminal cases pending which doesn't allow them to have a public defender assigned or have their criminal cases resolved. Many of these detainees are facing minor charges, but are not able to defend themselves or resolve their case before they are deported, meaning that they will never be allowed back in the United States.

TPS cancelled for Hondurans living in the United States

Immigrants come to the United States for various reasons, including vacation, education or employment. For some, relocating to the United States means the ability to start a new life free from persecution or hardships due to natural disasters. While some foreign nationals seek refuge by seeking asylum, other obtain refuge a Temporary Protected Status, or a TPS, that is issued to help protect individuals from specific countries.

According to recent reports, the Trump administration has decided to cancel the TPS for Hondurans in the United States. This decision is impacting roughly 57,000 Hondurans currently in America, 7,800 of them residing in Florida. Because of this cancellation, now tens of thousands of Hondurans will be at risk of deportation.

What are the elements of a wrongful death suit?

One of the most tragic events a person can suffer is the loss of a loved one. Even though death is inevitable, it is still a challenging event to process. This is particularly true when a person' life is suddenly taken away from them because of the negligent acts of another. No one is prepared for the aftermath of an accident, especially when a life is lost because of it. Family members are often left to put pieces together, finding the answers to the many questions they are left with. In addition to understanding why the accident occurred, surviving family member might also seek to hold the negligent party accountable and seek compensation for the damages that resulted.

What are the elements of a wrongful death suit? Regardless of the incident that caused the death, in order to bring about a successful wrongful death action, one must prove that another's negligent or willful misconduct was the cause of the fatal incident. There are four elements that must be proven in order to win this type of civil action. First, there must be a death of a human being. Second, the death must have been caused by the negligence of another or the intent to cause harm to another person. Next, the surviving family members must suffer monetary damages as a result of the death. Finally, a personal representative must be appointed for the execution of the decedent's estate.

Helping you through family immigration issues

Unfortunately, families cannot always act as a unit. In some cases, countries separate foreign families when a family member seeks to relocate to the United States. It is no uncommon for individuals to enter the U.S. for professional and educational opportunities with the intention of reuniting with family members later on down the line. Through family immigration laws, family members are able to apply for certain visa, giving them the right to enter and remain in the U.S. with legal status.

At Kurzban, Kurzban, Weinger, Tetzeli & Pratt, P.A., our Florida law firm understands the importance of family. When it comes to family immigration matters, our attorneys were tirelessly to reunite families. We have experience working with immigrants from all around the world, and we are devoted to helping immigrants in their endeavors to be reunited with their family in the United States.

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Our firm is a recognized leader in immigration law and litigation. We handle the spectrum from family and employment-based visas to deportation defense and immigration appeals. Founding partner Ira Kurzban authored the Immigration Law Sourcebook, widely used by immigration lawyers, judges and government officials as the authoritative field reference.

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