De la Torre Law Firm, PLLC http://www.delatorrelaw.com Attorney & Counselor At Law Thu, 05 Apr 2018 17:24:07 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 Immigration Round Table, February 28th, 2017 http://www.delatorrelaw.com/immigration-round-table-february-28th-2017/ http://www.delatorrelaw.com/immigration-round-table-february-28th-2017/#respond Wed, 15 Mar 2017 20:00:16 +0000 http://localhost/clients/delatorre/?p=2440 […]]]> Kissimmee, Florida, February 28th, 2017 – The first 100 days of the Donald Trump Administration have been tough to keep up with in terms of changing immigration law. First, a travel ban on seven majority Muslim nations raised many constitutional questions. Second, the Department of Homeland Security released on February 25th, 2017 a memorandum announcing sweeping changes in the matter of undocumented immigrants in the United States. Among the changes, included the expansion of 10,000 new Customs and Border Patrol agents in addition to 10,000 new Immigration and Customs Enforcement agents. It is clear that the Trump Administration intends to make good on its promise to remove millions of undocumented immigrants. However, among the critical issues discussed at the round table is the potential treatment of DACA recipients. Shortly, after this meeting took place a DACA recipient in Mississippi was ordered removed from the United States event though she had a pending DACA renewal application. This treatment of pending applications and the expansion of expedited removal has the immigrant community alarmed. Our office is doing its best to keep up with these sweeping changes and keep our clients and the immigrant community informed. For more information, please contact us at 1-888-585-9837 or email juan@adklawgroup.com.

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Failure to Pay Court Obligation??? That does not mean your license should be suspended. http://www.delatorrelaw.com/failure-to-pay-court-obligation-that-does-not-mean-your-license-should-be-suspended/ http://www.delatorrelaw.com/failure-to-pay-court-obligation-that-does-not-mean-your-license-should-be-suspended/#respond Sat, 08 Oct 2016 20:51:30 +0000 http://localhost/clients/delatorre/?p=2443 […]]]> March 14, 2016 the U.S. Department of Justice releases a memorandum indicating the following:
“Recent years have seen increased attention on the illegal enforcement of fines and fees in certain jurisdictions around the country—often with respect to individuals accused of misdemeanors, quasi-criminal ordinance violations, or civil infractions.1 Typically, courts do not sentence defendants to incarceration in these cases; monetary fines are the norm. Yet the harm caused by unlawful practices in these jurisdictions can be profound. Individuals may confront escalating debt; face repeated, unnecessary incarceration for nonpayment despite posing no danger to the community; lose their jobs; and become trapped in cycles of poverty that can be nearly impossible to escape. Furthermore, in addition to being unlawful, to the extent that these practices are geared not toward addressing public safety, but rather toward raising revenue…” The State of Florida has taken measures to address these concerns. Fla. Stat. 322.245 states that “the department MUST reinstate the driving privilege when the clerk of court provides an affidavit to the department stating that: (1) the person has satisfied the financial obligation in full or made all payments currently under a payment plan; or (2) the person has entered into a written agreement for payment of the financial obligation if not presently enrolled in a payment plan; or (3) the court has entered an order granting relief to the person ordering reinstatement of the license.” Most significantly a payment plan should be sufficient in order to reestablish your driving privileges. The moral of this story is that even if you owe a financial obligation the Courts or the administrative branches of the Court such as the Clerk of Courts shall NOT be issuing suspensions so long as you are maintaining a payment plan. If you are affected by such a suspension please contact our office to assist you with this matter.

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Establishing or Disestablishing Paternity. Recently we were victorious in such as case described by a Miami-Dade County Judge as one of the most difficult cases he has seen 17 years. http://www.delatorrelaw.com/establishing-or-disestablishing-paternity-recently-we-were-victorious-in-such-as-case-described-by-a-miami-dade-county-judge-as-one-of-the-most-difficult-cases-he-has-seen-17-years/ http://www.delatorrelaw.com/establishing-or-disestablishing-paternity-recently-we-were-victorious-in-such-as-case-described-by-a-miami-dade-county-judge-as-one-of-the-most-difficult-cases-he-has-seen-17-years/#respond Thu, 06 Oct 2016 20:54:42 +0000 http://localhost/clients/delatorre/?p=2447 […]]]> Motherhood are one of the most important endeavors that we as human beings will ever undertake. But what if there is doubts as to whether a child is really yours??? Obviously a mother can have no doubts as to her maternity but in certain cases a father’s paternity may be genuinely in question. In such cases, imagine being financially responsible for a child that is not yours for at minimum eighteen (18) years. My law office in conjunction with former partner Brian Kirlew, Esq. embarked in such a case.

Imagine the following, a man travels abroad and enters in amorous affair with a local woman in her Country. In this case, Colombia. The love affair is passionate and consumes both the participants. But afterwards the man leaves to go home. He then hears via rumors that his love affair has resulted in a love child. He is consumed by the idea and in the attempt to be an honorable man he seeks to to establish his rightful place as the father of the child. He contacts the mother and tells her that he is aware of the birth of their beautiful baby boy. He travels to Colombia excited to establish his fatherhood especially since he has never had a son of his own. She tells him the boy is his son and he is excited for the prospect of having a baby boy. But then reality challenges the emotions and the dreams of the individual when he realizes that she has been living with another man. She assures him that the child could not be the son of her live-in boyfriend because the man is impotent. Despite this fact the live-in boyfriend had already claimed the fatherhood for this child by signing his name on a birth certificate. The live-in boyfriend and the mother convince our client that he is the father. As such, the parties agree to execute another birth certificate this time placing our client has the father. On this basis, our client ask for the mother’s hand in marriage. She agrees. Our client then files immigration documents based on this fallacy to bring the mother and the child to the United States and live with him in his home. Upon arrival the mother within a few short months continues her love affair with the man in Colombia. Dismayed our client says the relationship cannot last and he files for divorce after six short months. The same six months, which is the only time period that our client has cohabited as with the child as his father.

The mother files a counterclaim claiming child support for the son and in addition alimony pursuant to the contractual obligation created by immigration documents previously filed. Is it just??? Many would argue not and others would argue that it since our client held himself out to be the father he should be responsible for the child’s upbringing. But again we question, is it just, to be financially responsible for a child that is not yours considering the “average cost of raising a child born in 2013 up until age 18 for a middle-income family in the U.S. is approximately $245,340.” The DNA test proved definitively that the child was not the biological son of our client. Despite this the mother’s attorneys necessarily relied on Fla. Stat. 742.10, the “voluntary acknowledgement” statute, which in sum indicates that if our client held himself out to be the father then he should be responsible. To controvert this argument we argued that since the birth certificates were executed in Colombia, effectively, no voluntary acknowledgement had taken place under Florida law. Further, since the voluntary acknowledgment took place in Colombia, Colombian law should apply. We presented the expert testimony of a family law specialist in Colombia who testified, that, pursuant to Colombian law the second birth certificate was void as a matter of law. Why??? In Colombia, to correct substantive issues, such as the name of the father on a birth certificate, court action is required. The Judge in Miami-Dade County agreed with our argument and as such the acknowledgment was null and void. Further, although the Court agreed with opposing counsel’s argument for alimony based on a contractual basis, he found that the relationship was founded upon fraud in the inducement. I.E. the parties would have not married but for the birth of this child. In sum, we have saved our client approximately $245,340.00 for child support and whatever amount could have been awarded for alimony. The moral of the story is that if you find yourself challenged in such a situation there may still be a way out and having attorney(s) that will fight and dedicate themselves to finding a solution is key.

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General Information about the E2 Visa for Treaty Investors http://www.delatorrelaw.com/general-information-about-the-e2-visa-for-treaty-investors/ http://www.delatorrelaw.com/general-information-about-the-e2-visa-for-treaty-investors/#respond Thu, 10 Mar 2016 20:59:19 +0000 http://localhost/clients/delatorre/?p=2450 […]]]> The E2 Visa is a nonimmigrant visa. E2 visas ar for the purpose of overseeing investment in the United States. A parrallel visa category known as the E1 visa is also avalaible for the purpose conducting trade (this E1 visa will not be discussed in this post). In order to be eligible for an E2 visa the treaty investor must be a national of a qualifying country.

The list of qualifying countries is provided by the U.S. Department of State and is available at: https://travel.state.gov/content/visas/en/fees/treaty.html.

The E2 Visa has the following basic requirements:
1. A treaty must exists between the U.S. and one of the qualifying countries.
2. The treaty investor must have majority control of the investing or the trading company.
3. Each employee or principal of the company must be a Citizen of the qualifying country.

In addition to the foregoing the following evidence must be filed in support of the E2 Visa:
1. Evidence of Active Investment
2. Evidence of Substantianl Investment
3. Evidence of the Creation of Jobs
4. Evidence that the treaty investor whill hold an essential role in the enterprise.

For more information on how to meet these requirements and/or to retain the services of the DE LA TORRE LAW FIRM to submit your E2 visa refer to the contact us page to submit your email and/or call us at:

Central Florida
407-733-0640

South Florida
786-530-1148

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Pay it Forward http://www.delatorrelaw.com/pay-it-forward/ http://www.delatorrelaw.com/pay-it-forward/#respond Tue, 08 Mar 2016 21:00:58 +0000 http://localhost/clients/delatorre/?p=2453 […]]]> My mentor once said to me do not pay it back, instead, pay it forward. It has been a pleasure seeing our intern Zarina Hernandez grow from a 2L to a 3L and now she is leaving us to prepare to take the Florida Bar. So in the office tradition we celebrated by taking her out for a Friday lunch to commemerate the occasion. Good luck Zarina.

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Alma Mater http://www.delatorrelaw.com/alma-mater/ http://www.delatorrelaw.com/alma-mater/#respond Fri, 19 Feb 2016 21:04:06 +0000 http://localhost/clients/delatorre/?p=2456 […]]]> It is not every day one gets invited to speak at their Alma Mater and give back to the school that gave me a law degree. On Monday, I ran into professoer James Smith who invted me to speak at his trial practice class on Friday. On Wednesday, I got the same invitation from my old class mate and adjunct professor Chad Barr. I could not say no. It was a pleasure speaking to the students and remembering what it was like on the journey to becoming an attorney. I feel I am getting old.

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