We’re proud to announce that our firm has taken on the pro bono representation for one of the courageous individuals among the 222 political prisoners expatriated from Nicaragua’s authoritarian regime. This remarkable development comes after the regime surprisingly arranged for their transportation to Washington DC, in collaboration with the US government.

Our client, an American citizen, had been unjustly incarcerated for over a year, solely for daring to oppose the Ortega regime‘s proposed reforms to existing pension plans. Understanding the gravity of his situation, our dedicated attorney Eduardo A. Maura stated, “We are honored to stand by our client during this challenging ordeal. As he approaches 60 years of age, each day becomes a painful reminder of his inability to return to the country he calls home. However, we strive to bring him some solace by assisting with his asylum claim in the United States.”

For more information regarding asylum claims, contact one of our experienced immigration attorneys at 305-570-2208. You can also email our lead attorney Eduardo directly at eduardo@ayalalawpa.com.

We at Ayala Law PA are passionate about helping those in legal need, so please don’t hesitate to schedule a case evaluation with us online here.

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The post What is a Permanent Labor Certification? Read to Find Out. first appeared on Ayala Law PA.

Ayala’s is proud to announce that its case against Akima Global Service (Akima), a prison contractor for the Department of Homeland Security (DHS), survived Akima’s motion to dismiss.

The Complaint was filed in federal court in October 2020 by Mr. Alejandro Mugaburu, a peruvian immigrant. The lawsuit is based on the discriminatory and abusive treatment that Mr. Mugaburu received while in DHS and ICE custody in Krome Detention Center, as well as other detention centers throughout Florida.

Mr. Mugaburu, who is handicapped and has had a lifelong diagnosis of epilepsy among other serious medical conditions, was consistently denied daily medications while at the detention centers. On one occasion while staying in Krome, he suffered an epileptic seizure as a result of the lack of medication and tumbled down a flight of fourteen stairs. The accident caused him multiple critical injuries, which now bind him to a wheelchair and severely impair his mobility and daily activities.

The Complaint further addresses the other various ways in which Mr. Mugaburu was mistreated, including how he was placed in segregation units for consecutive weeks because detention facilities were ill-equipped to accommodate disabled detainees and the improper and inhumane way Mr. Mugaburu was transferred between facilities by ICE officials.

Though the judge in the case dismissed the case against ICE and DHS on technical grounds, the judge permitted the Mugaburu’s negligence action to proceed and move forward towards trial.

As stated by attorney Eduardo A. Maura: “though we think ICE and DHS hold responsibility as well, and disagree with the judge in that regard, we are happy that Mr. Mugaburu’s case will be able to proceed at least against Akima. We look forward to actively litigating this case and having a jury decide Mr. Mugaburu’s claim.”

For more information about our civil rights and civil litigation practice, please visit www.lawayala.com. You may also reach Attorney Eduardo A. Maura by call at 305-570-2208, or email him at eduardo@ayalalawpa.com.

The post Ayala’s Case Against Akima Global Services, an ICE Prison Contractor, Survives Dismissal and Moves Forward first appeared on Ayala Law PA.

In good news for green card hopefuls, the Biden administration has ended the Trump era revised “public charge” rule.

Under the public charge rule immigrants who rely on government cash benefits could be denied immigration benefits. The Trump administration updated the rule to include non-cash benefits such as housing assistance or health benefits, for example. Those who received such benefits for more than 12-months within a three-year period could be denied a green card.

Besides broadening the rule, critics of the prior administration believe the rule caused fear and confusion because otherwise benefit-eligible immigrants stopped applying for certain benefits.

The proposed new rule explicitly excludes non-cash benefits and health benefits in connection with public emergencies such as COVID-19.

You can find the Department of Homeland Security’s press release about the news rule here: https://www.dhs.gov/news/2022/09/08/dhs-publishes-fair-and-humane-public-charge-rule

For more information about immigration law, immigration benefits, or green cards contact an experienced immigration attorney at Ayala at 305-570-2208.

You can also schedule your case evaluation online at https://www.lawayala.com/consultation/ or email Miami immigration lawyer Eduardo A. Maura at eduardo@ayalalawpa.com

The post The Biden Administration Ends Trump Era Public Charge Rule—What You Need to Know first appeared on Ayala Law PA.

Three Things You Must Know About the US International Entrepreneur Parole Program.

The International Entrepreneur Parole Program (IEP) is a program that gives a foreign entrepreneur a temporary permit to stay in the United States while he/she is trying to obtain approval of another, business type generally, visa. Here are three important things you must know about the IEP:

First, in order to qualify for the IEP, the foreign national must prove possession of a substantial ownership interest in a start-up entity created within the past five-years in the US and that the start-up has shown rapid growth and job creation. The foreigner must also have a central and active role in the start-up entity such that he/she is key to the growth of the start-up.

Second. If granted, the entrepreneur will be given a stay in the US of 2.5 years to work in the start up. This stay is renewable—upon meeting certain requirements—for an additional 2.5 years. In short, you can have an IEP for up to 5-years.

Third, If there’s more than one owner, others may qualify. The program allows for up to 3 entrepreneurs in the start-up entity.

For more information about business visas, the Entrepreneur Parole Program, or any immigration issues, contact an experienced immigration attorney at Ayala at 305-570-2208.

You can also schedule your case evaluation online at https://www.lawayala.com/consultation/ or email Miami Business Immigration lawyer Eduardo A. Maura at eduardo@ayalalawpa.com

The post Three Things You Must Know About the US International Entrepreneur Parole Program first appeared on Ayala Law PA.

Traer un negocio—y sus dueños o empleados—puede ser una transacción bastante complicada. Afortunadamente, ciertos países cuentan con un tratado de comercio con los Estados Unidos y califican para la llamada visa E-2. Si bien nada es simple cuando se habla de inmigración de negocios, la visa E-2 tiene ciertas ventajas que la hacen más fácil que otras visas como la EB-5 o L1-A.

A diferencia de estas otras visas el trámite de la visa E-2 se realiza en la oficina consular del país de origen, y esto permite que, después de que el archivo esté preparado, la visa se obtenga apenas haya una entrevista disponible en el consulado de origen. Esta agilidad de la visa E-2 es muy atractiva para empresarios sudamericanos que a veces no tienen tiempo para esperar y que son visitantes asiduos del sur de la Florida.

En sudamérica, estos son los países que califican para la visa E-2:

• Argentina.
• Bolivia (con restricciones)
• Chile.
• Colombia.
• Ecuador (con restricciones).
• Paraguay.

Brasil, Venezuela, y Perú están fuera de la lista.

La razón por la cual un país está o no está en la lista de la E-2 es puramente política. Políticos de los países incluidos supieron tener buenas relaciones con los Estados Unidos y negociar este trato favorable. Cabe notar que la lista de los países E-2 se ha mantenido inalterada por muchos años. El último país en ser agregado fue Dinamarca en el 2008. La división política actual en el congreso de los Estados Unidos juega tal vez un papel grande en esa inmovilidad.

Para más información sobre la visa E-2, contacte un abogado de inmigración con experiencia al 305-570-2208.

También puede agendar la evaluación de su caso online en este enlace: https://www.lawayala.com/consultation/ o puede mandar un correo electrónico al abogado de inmigracion Eduardo A. Maura a eduardo@ayalalawpa.com.

The post ¿Qué países de Sudamérica Califican Para la Visa E-2 de Inversionista? first appeared on Ayala Law PA.

In a 5-4 decision, the US Supreme Court held that federal courts do not have jurisdiction to review factual determinations made during discretionary-relief immigration proceedings under 8. U.S.C §1255 and 8 U.S.C. §1252(a)(2)(B)(i).

In the case, Patel, the Petitioner had entered the United States illegally and later applied for residence status. While his petition for a green card was pending, Patel checked a box in DL application that asked if he was a U.S. Citizen. The US Citizenship and Immigration Services (USCIS) deemed the checking of the box a “misrepresentation” that rendered him ineligible for a green card. He was then placed in deportation proceeding.

During the removal process, the Immigration Judge ruled that his checking off the box in the Driver’s License application was intentional, denied his request for a green card, and ordered him deported.

Patel appealed to the 11th Circuit Court of Appeals, and then to the Supreme Court. 8 U.S.C. §1252(a)(2) of the US code addresses what orders of deportation are subject to judicial review. The parties debated what the word “judgment” meant in 8 U.S.C. §1252(a (2) and the Supreme Court’s majority bought into the idea presented by the Amicus Curiae 1 —because the federal court declined to defend the 11 th Circuit Court of Appeals ruling—that “judgment” included factual findings of the immigration judge.

Conservative leaning, Justice Gorsuch, wrote a strong dissent where he stated: “Today, the Court holds that a federal bureaucracy can make an obvious factual error, one that will result in an individual’s removal from this country, and nothing can be done about it.”

For more immigration news subscribe to our newsletter at https://www.lawayala.com/. You can also schedule a case evaluation on any immigration case at https://www.lawayala.com/consultation/ , by calling our office at 305-570-2208 or by emailing Miami immigration attorney Eduardo A. Maura at eduardo@ayalalawpa.com

1 Amicus Curiae means “friends of the court.” It generally refers to a party or group that has a strong interest in the case and will argue in favor of a particular outcome of it. Since the federal government declined to defend the position of the 11 th Circuit Courts of Appeals, the Supreme Court appointed the Amicus Curiae to advocate against the position advanced by Patel, the petitioner.

The post Supreme Court Rules That Federal Courts Cannot Review Factual Findings of Immigration Officers first appeared on Ayala Law PA.

The International Entrepreneur Parole Program (IEP) is a program that gives a foreign entrepreneur a temporary permit to stay in the United States while he/she is trying to obtain approval of another, business type generally, visa.

In order to qualify for the IEP, the foreign national must prove:

Possession of a substantial ownership interest in a start-up entity created within the past five-years in the US and that the start-up has shown rapid growth and job creation.
The foreigner must have a central and active role in the start-up entity such that he/she is key to the growth of the start-up.
The foreigner’s role in the start-up (by virtue of job creation and stimulus to the US economy) will provide a significant public benefit to the United States.
There are several ways to prove each one of the above mentioned elements. Each element contains several legal and technical requirements, and therefore, you should contact an experienced business immigration attorney to help you with the application process.

If granted, the entrepreneur will be given a US stay of 2.5 years to work in the start up renewable—upon meeting certain requirements—for an additional 2.5 years.

Up to 3 entrepreneurs may qualify with a given eligible start-up entity.

For more information about business visas, the Entrepreneur Parole Program, or any immigration issues, contact an experienced immigration attorney at Ayala at 305-570-2208.

You can also schedule your case evaluation online at https://www.lawayala.com/consultation/ or email Miami Business Immigration lawyer Eduardo A. Maura at Eduardo@ayalalawpa.com

The post Have You Heard of the International Entrepreneur Parole Program? Read to Find Out first appeared on Ayala Law PA.

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Ayala is proud to announce that it is representing two female Ukrainian nationals in their petition for Asylum in the United States.

The clients, in their mid-twenties, had left Kyiv for a pre-planned vacation to Mexico. In the middle of their trip, they learned of the Russian invasion and the Russian regime’s plan to overtake their home town of Kyiv. Shortly thereafter, all flights to Ukraine were cancelled and they were stuck in Mexico for a while.

Uncertain of their future of what was now evident to be a full blown invasion by the Russian regime, they crossed the Mexican border and were admitted on Parole by U.S. immigration authorities.

Ayala’s attorneys will now assist them both so they can stay here in the U.S. as permanent residents, given the current situation in Ukraine.

For more information regarding asylum law, contact an Asylum attorney in Miami at 305-570-2208 or email asylum lawyer Eduardo A. Maura at eduardo@ayalalawpa.com

You can also schedule a case evaluation at https://www.lawayala.com/consultation/

The post Ayala Represents Ukrainian Nationals in Their Asylum Application. first appeared on Ayala Law PA.