Ivanor Law Firm

Blog – Ivanor Law
Written by: Tara Crary

What Happens If You Are Arrested And Why You Need A Criminal Defense Lawyer

While liberty and freedom are two of the most important rights we enjoy in America, being arrested can put these freedoms at risk. If you have been arrested, it is important to hire an experienced criminal defense attorney early on to help you avoid any missteps that can adversely affect your case.

Having a criminal defense lawyer on your side is vital due to the many complexities of criminal law. From drunk driving charges such as OWI, DWI and DUI, driving offenses, probation, record sealing, violent crimes, drug crimes, financial crimes, property crimes, warrants and bail, it takes may years of education and putting that education to practice to fully understand the criminal law process and proceedings.

Emotions are often high during and after an arrest. In order for your case to have the best possible outcome it is very important that you remain calm, comply with law enforcement and do NOT resist the arrest. Trying to explain your way out of an arrest may lead to more issues so it is best not to give any type of statement without an attorney present. It is also important to note that most police officers are outfitted with body cameras and everything you do or say will be captured and recorded on both audio and video.

After an arrest there are protections available to you and several processes that will take place. It is important that you are aware of your available protections so you may utilize them when appropriate and to ensure that you and your case are being treated fairly and accordingly as well as being aware of what the arrest process entails.

8 Things That Happen After Being Arrested:

You Can Be Read Your Miranda Rights — The Right To Remain Silent: Under this protection, you do not have to give any statements to the police other that basic information such as your name, date of birth and home address. If you have been arrested and law enforcement intends to question you, they must inform you of your Miranda Rights as outlined below and you must state aloud that you are exercising your Miranda Rights:

You Have the Right to Remain Silent. Note that silence cannot be used against defendants in court. All suspects have the right to remain silent.
Anything You Say can Be Used Against You in a Court of Law.
You Have the Right to Have an Attorney Present.
If You Cannot Afford an Attorney, One Will Be Appointed to You.

You Will Be Booked: The booking process involves being taken to the police station or jail by the arresting officer. The booking process involves recording your personal information, such as your name, date of birth and home address and taking your photo (otherwise known as a mug shot) and fingerprints. Being “booked” is one of the first things that will take place after your arrest.

The Right To Make A Phone Call: This protection allows you to make a local phone call to anyone you choose. During this call, you should provide the other person with information about where you are being held and the charges you are facing. This information is necessary for getting you out of jail on bail. These phone calls are listened to and recorded by law enforcement so you should not go into details or make any statements as this can be used against you in court.

The Right To An Attorney: As part of your Miranda Rights, you have the right to have a lawyer represent you. A criminal defense lawyer can provide advice and counsel beginning with the interrogation process and throughout the duration of your case.

Arraignment: An arraignment will be scheduled within 24 hours of your arrest. During the arraignment, the judge will inform you of your rights and the charges against you and will make sure you understand them. The judge may also set bail during the arraignment.

Your Plea: During the plea you plead either guilty or not guilty to the charges against you. During this phase you may be offered a plea bargain, which generally requires you to plead guilty in exchange for a reduction in charges and/or sentence.

Trial: If you plead not guilty and do not opt for a plea bargain, your case will be sent to trail. The trial is where your defense attorney, who is on your side and the prosecutor, whose job it is to prove your guilt will both present opposing evidence and witnesses in support of their arguments to prove your guilt or innocence.

Sentencing: If you are found guilty by the judge or jury, you will be sentenced to prison with the duration of your imprisonment, fines and sanctions read to you by the judge at the conclusion of your trial.

Why You Need A Criminal Defense Lawyer If You Have Been Arrested

As you can see, being arrested triggers a difficult and complex process. Only a criminal defense lawyer will have the necessary knowledge and experience to help you navigate your case through criminal law proceedings. In addition, a criminal defense lawyer is familiar with all of the rules and processes of criminal court. They are trained and well versed in presenting compelling arguments on your behalf and can file the necessary motions to help win your case, such as motions to suppress certain evidence if they determine it was illegally obtained, and motions to enter evidence that is favorable to your case.

The criminal defense process is often regarded as daunting, overwhelming and scary, with one’s liberties literally hanging in the balance. A criminal defense attorney can make the entire process less scary and prevent overwhelm. Their vast experience allows them to outline and discuss all of your legal options and determine which is the best course in which to focus your case. Going it alone without a criminal defense lawyer could jeopardize your chances of a favorable outcome as most individuals do not understand or know the rules and processes of criminal court and the options available. Not to mention, without an attorney by your side, a courtroom can be extremely intimidating, and it can feel that the case is stacked against you with prosecutors and law enforcement trying to prove your guilt. An attorney will work tirelessly to stand up for you, build your defense and protect your best interests. They will also do all of the necessary legwork, such as interviewing witnesses, gathering evidence, reviewing and dissecting the prosecution’s case, hiring experts, etc.

There is a lot for one to lose if you are arrested for a criminal offense. Having a competent and experienced attorney to help you maintain your liberties is essential. Consider the following punishments under Florida Law:

Under Florida law, certain criminal offenses can result in a minimum mandatory prison sentence.
A conviction under any of the enumerated drug laws in Florida would result in a two year suspension of your driver’s license, even if you were not driving when arrested or detained?
A criminal conviction in certain cases can also result in you losing your financial aid status if you are a student in college.
In certain cases, a conviction can exclude you from living in certain areas (disqualifying you from section 8 housing or from certain apartment complex’s that require criminal background checks.
A felony conviction would exclude you from obtaining numerous jobs.

Don’t risk your freedom! If you are arrested, Ivanor Law will be by your side and help you through every stage of your case from your arrest to sentencing.

Schedule a free consultation with us today at: www.ivanorlaw.com/contact/ or call us at (407) 255-2065.

Blog – Ivanor Law
Written by: Tara Crary

8 Questions To Ask Your Immigration Lawyer

Being faced with an immigration issue can be very difficult and confusing. You will likely have many questions. In addition to an enormous amount of uncertainty, there may also be a language barrier. You may feel as though your life and livelihood in the country in which you wish to reside could be literally hanging in the balance — and you are right. That is why it is so important to know the right questions to ask when you first call or meet with an immigration attorney, especially if you are not familiar with immigration law. Asking the right questions can help you determine if the attorney and firm are right for you.

At Ivanor Law we believe it is very important to develop strong working relationships with our clients and we stand with them side by side in making sure their immigration case is handled properly and with personalized attention. With decades of immigration law experience we offer free consultations on all immigration law cases. Whether you have questions about immigration, Visa, H-1B visa, citizenship, E-3 visa, federal immigration, Green Card, USCIS, G-28, O2 visa, we have outlined the top 8 questions to ask your immigration attorney.

Question 1: How long have you been practicing Immigration Law?

When you deal with immigration you need an attorney that is extremely knowledgeable and up-to-date with the constantly changing immigration laws. With experience and longevity comes expertise. At Ivanor Law, we have over 50 years of collective experience in immigration law. We are well versed in dealing with the court system and government officials at all levels. It is very important to ask your immigration lawyer how long they have been practicing and what type of immigration law experience they have.

Question 2: What do you need from me to get started?

An experienced attorney will know what forms and documentation you should bring to your consultation and will need to begin working on your case. By taking an active role and asking what types of documents are needed you will be better be able to assist your attorney in ensuring your case stays on track and any and all documentation deadlines from the courts or government officials are met. This will help the entire process run smoothly throughout your case.

Question 3: What can you do to assist me throughout my case?

Immigration law is complex. It is important to ask how your attorney plans to work for you and with you. It is also important to ask how you can help them and their process of follow up after your application is filed to ensure it is processed timely, which can greatly improve your chances of success.

Question 4: What is the best type of citizenship application for me?

While you know your personal circumstances better than anyone else, it is important for you to communicate everything to your immigration lawyer, who knows the ins and outs of immigration law and has the knowledge and insight as to what will work best for you and your case. You and the immigration lawyer have different sets of knowledge and while you may think one form is best, your lawyer might know of one that will better meet your needs.

Question 5: Where should I file?

Your immigration attorney knows and understands the law and the importance of where you apply. For example, it is very important that you apply at the correct immigration office or border crossing. If you do not apply in the correct location, you may experience complications, delays, and/or refusal of your application.

Question 6: How will we communicate?

Communication is extremely important to the success of your immigration case. Ask your immigration attorney the plan for communication. Will they contact you by phone or email? What is the protocol if the attorney is out of the office? What is the expected window of time you can expect your attorney to follow up after you contact them? Make sure you have an agreed upon system for staying in touch and what days and times work with your schedule and if possible set a standing meeting for at least once a month to discuss progress and updates.

Question 7: What is the expected timeline for my case?

Ask your immigration attorney what the anticipated timeline for the process as whole will be as well as how long each part of the process will take. This will assist you in making plans in anticipation of moving forward with your immigration case. The immigration process can be unexpectedly delayed at times for various reasons which is why it is so important to communicate regularly with your immigration attorney as noted above.

Question 8: What is the cost?

It is important to ask your immigration attorney the anticipated costs associated with your case. Your immigration attorney will know the anticipated time it will take and various court and filing fees associated with your case.

What Else Should I Talk To My Immigration Lawyer About?

You should talk to you lawyer about important immigration processing information. We have outlined several important topics below:

When you want to file for a Family Based Immigrant VISA you must:

File an I-130 visa petition with the USCIS on behalf of your relative.
Family members must be a U.S. Citizen or Lawful Permanent Resident in the U.S. and must be able to provide the necessary documentation.
Applicable sponsor (family member/relative) must prove that they can support you at 125% above the mandated poverty line – affidavit of support.

Petitioner/U.S. Citizen may petition for the following members to immigrate to the U.S.A:

Husband or Wife
Unmarried child under 21years of age
Unmarried son or daughter over 21 years of age
Married son or daughter of any age
Brother or Sister, if the sponsor is over the age of 21 years of age
Parent, if sponsor is at least 21 years of age

Petitioner/Lawful Permanent Resident may petition for the following relatives to immigrate to the U.S.A.:

Husband or Wife
Unmarried son(s) or daughter(s) of any age

If you are planning on marrying you can apply for a Fiancé Visa (K1):

Petitioner is a U.S. citizen
Petitioner intends to marry finance within 90 days after entry into the U.S.A.
Both parties must be free to marry (if any previous marriages they must have been lawfully terminated)
Have met fiancé at least once in person within 2 years of filing petition (certain exemptions to this requirement exist)
Applying fiancé would receive a 90 day visa and after the marriage would be eligible to apply for permanent residence and remain in the U.S.A.

Undocumented spouses and children have some new options:

The Obama Administration moved to ease green card rules for undocumented spouses of children of American citizens, making immediate – family breakups less likely as illegal immigrants apply for U.S. residency. An estimated 100,000 illegal residents could be affected by the change. Contact me for more details.

Immigration law can be stressful and confusing. While the 8 questions above capture the most important questions to ask, you should not limit yourself to just these questions and be sure to ask your immigration attorney about anything that you feel may pertain to you and your case. Don’t risk your immigration status or try to go it alone. Ivanor Law will be by your side and help you through every stage of your case.

Schedule a free consultation with us today at: www.ivanorlaw.com/contact/ or call us at (407) 255-2065.

Blog – Ivanor Law
Written by: Tara Crary

4 Tips For Choosing A Divorce Attorney & The Questions You Should Ask Before You Hire One

A divorce is often regarded as one of life’s most difficult events. Often compared to the death of a loved and evoking the common phases of grief: denial, anger, bargaining, depression, and acceptance, chances are when you are suffering the loss of a marriage and all that goes with it, you will have many questions on which family law attorney is right for you how to navigate through the divorce process. When the stakes are high as they are during a divorce and to ensure your money, time and trust are handled properly throughout the divorce process it is important to choose an experienced divorce attorney.

Whether you have questions about divorce, divorce, alimony, child support, modifications, custody, timesharing issues, relocation issues, post judgment issues, injunctions, family businesses, etc., the experts at Ivanor Law have decades of family law experience and suggest these 4 key tips and questions to help you choose the right lawyer to represent you in your divorce.

Tip #1: Decide What Type of Approach Is Best For You By Doing Your Research

At Ivanor Law we believe it is very important to develop strong working relationships with our clients and we stand with them side by side in making sure their family law case is handled properly and with personalized attention that it deserves. While there is not a “one size fits all” approach that applies to these types of legal matters, it is important to consider the approach and outcome you desire as different attorneys take different approaches. While some prefer mediation, others encourage appearing in the courtroom. Knowing the approach your divorce attorney will take will help you to decide which attorney is right for you by weeding out the attorneys whose approach is not aligned with yours. If you are unsure of the approach that will work best for your needs, your attorney should be able to explain all of your options and put you in the best position to decide the best approach for your situation.

The Ivanor Law firm uses a variety of approaches in family law cases, ranging from collaborative law and mediation, to going to trial. We also offer the option of a less contentious collaborative divorce. It is very important to start the process on the same page and we pride ourselves in being transparent and recommending the approach that is best for our clients’ case.

As noted above, there is more than one way to go about the divorce process and end a marriage and which path you choose can significantly impact the course and duration of the processes involved in executing the divorce. This is why doing your research is critical so that you know which options best align with your goals so you can decide which approach you would like to take.

Tip #2: Decide Upon Accessibility And Communication Preferences

The divorce process is extremely stressful and as such, you should be confident that your attorney will be there for your when you have questions or concerns. Moreover, it is important to identify what level of support you’re looking for at the onset of your case and make the decision to hire an attorney based on that knowledge, so you know what to expect throughout the entire divorce process. From choosing your preferred methods of communication (i.e. email, phone calls, in person meetings, Zoom meetings, etc.) it is important to work with an attorney that understands and fits your communication style and expectations for response time.

Tip #3: Take Your Time In Choosing An Attorney

While your initial inclination may be to hire an attorney quickly in order to get the ball rolling believing that this will help get everything over and done with faster, rushing the process of interviewing and hiring an attorney can negatively impact your case. Remember, you want to choose the attorney that is right for you and will take the approach that you desire. That is why it is so important to interview at least two or three attorneys to ensure you are choosing the right family law attorney and firm for you.

It is also very important to be thorough in your interviews as who you choose to represent you in your case can ultimately affect the outcome. Be sure to ask as many questions as necessary to understand the attorney’s practice and to make sure that their goals and objectives line up with your own. If something doesn’t feel right when you are interviewing an attorney, trust your gut and move on to the next interview. You want to feel valued, understood and on the same page as your attorney. You will also want to pay attention to the attorney’s location, accessibility and responsiveness as when you are dealing with a process that can take months or sometimes years to complete, these type of convenience factors can really go a long way.

Tip #4: Focus On Items Of Importance

During the highly emotional times of a divorce, it is important to not lose sight of the overall goal—getting through it fairly and moving on with your life. The right attorney for you will keep your case on track and guide you through what is important as opposed to what is not in the grand scheme of things. By knowing what is important and what is not, you can make the right decisions that truly count while disregarding the rest. This will help keep your emotions in check so you can maintain your focus throughout your case.

What Questions Should I Ask My Divorce Attorney?

Following the above tips are just part of the equation when deciding to hire a divorce lawyer. As mentioned previously, rushing through finding the right attorney is a mistake and could mean all the difference in the outcome of your case. Taking your time and conducting the proper research is critical and it is important to outline and ask detailed questions so you can make an informed decision. We have outlined several important questions below:

How long have you been practicing law?
Do you focus exclusively on family law ad divorces or does your firm have other practice areas?
Can you explain the basics of Dissolution of Marriage?
How long do I need to live in Florida before I can file for a Dissolution of Marriage?
My spouse does not want a divorce, can I still get one?
Where should I file for Dissolution of Marriage?
How long does it take to get a Dissolution of Marriage?
What is your strategy for my case?
What is considered an emergency and how long will it take for you to return my calls?
Who else will be working on my case with you and may I them?
What is anticipated cost for my divorce and what is the frequency you will bill me?
Am I allowed to discuss divorce related matters and negotiate with my spouse directly?
Can I have my child testify?
How do you predict a judge would rule my case?
Can you help me understand the tax implications involved with divorce?

Family law can be stressful and complicated. While the above tips and questions capture the most important items and questions to ask, your case is unique, and you should not limit yourself to just these questions. Be sure to ask your divorce attorney about anything that you feel may pertain to you and your case. Ivanor Law will be by your side and help you through every stage of your case.

Schedule a free consultation with us today at: www.ivanorlaw.com/contact/ or call us at (407) 255-2065.

Blog – Ivanor Law
Written by: Tara Crary

6 Must-Know Tips About The K-1 Fiancé Visa Application Process

The K-1 nonimmigrant visa is also known as a fiancé visa. In order to obtain a K-1 fiancé visa, you and your fiancé must intend to marry each other within 90 days of your fiancé entering the U.S as a K-1 nonimmigrant. Applying for a K-1 fiancé visa can be a daunting process and you may not know where to start. While you may be inclined to research the process on your own, there is a great deal of information to sift through and it may be difficult to find answers to the important questions you may have. Moreover, mistakes on the forms can cause delays or denials. AtIvanor Law, we know that every immigration case and situation is unique and should be handled with the utmost importance and the personalized attention it deserves. The experts at Ivanor Law have decades of immigration law experience and have outlined the top 6 must-know tips about the K-1 fiancé visa application process.

Tip #1: Understand The Process

The process for bringing your fiancé to the United States involves United States Citizenship and Immigration Services (USCIS), the U.S. Department of State and U.S. Customs and Border Protection. It is important to note that at each and every stage in the process, background and/or security checks may be conducted on both you and your fiancé. Fingerprints, names and biographic or biometric information are used to conduct these checks.

Tip #2: Know Which Forms You Need To Complete

Form I-129F initiates the K-1 visa application process, however it is only one of the forms among several others that you will need to fill out. For example, once the I-129F is approved, the sponsored fiancé will then need to complete the online DS-160 form, which is otherwise known as the Online Nonimmigrant Visa Application. Depending on your situation, other forms may be required. For example, if the sponsored fiancé has children, they will need to submit a K-2 visa application, which will allow the children to come to the United States. If the fiancé would like to work once they arrive in the United States, they will need to submit Form I-765, which is the Application for Employment Authorization. Working with an experienced immigration attorney like Carlos Ivanor of Ivanor Law will help ensure you know which forms apply to your particular circumstances and what documentation you will need.

Tip #3: Make Sure Your Forms Are Accurate

This should go without saying, especially as K-1 fiancé visa forms can be complex. A single error in filling out a K-1 visa application can cause delays or may even cause an application to be denied. Filing a visa petition is a serious process and even a single honest error or misrepresentation can have severe repercussions and penalties.

Tip #4: Gather Required Evidence

In order to prove that you are in a good faith relationship you should diligently gather evidence that shows that your relationship is true and valid. Specifically, to meet the requirements for a K-1 fiancé visa, you must show that you and your fiancé have met in person at least once within the past two years. Evidence to prove this may include, flight or hotel itineraries, correspondence between you and your partner that is postmarked, or time and date stamped, photos that are dated (if possible) and written testimony by family or friends. In addition to proving your relationship is valid, you will also need to provide evidence that shows the following:

Petitioner is a U.S. citizen
Petitioner intends to marry finance within 90 days after entry into the U.S.A.
Both parties must be free to marry (if any previous marriages they must have been lawfully terminated)
Have met fiancé at least once in person within 2 years of filing petition (certain exemptions to this requirement exist)
The sponsoring petitioner has income equal to, at least, 100% of the Federal Poverty Guidelines

Tip #5: Disclose Any Information Required By The International Marriage Broker Regulation Act (IMBRA)

If you intend to marry using a broker, it is important to disclose all the necessary information. IMBRA requires that if the petitioning couple met through a brokerage service, they must disclose this information to USCIS, who will then determine whether the service meets certain criteria. If a sponsor has ever committed a violent crime, they may be barred from receiving a K-1 visa.

Tip #6: Be Prepared For The Interview And Flexible With Your Wedding Date

After the initial approval of your application, which could take up to 10 months, the sponsored fiancé will receive a notice informing them of the date and location of the upcoming interview. The notice will include a list of all the necessary documents to bring to the interview. It is very important that you prepare for the interview by gathering all the required documents and consider any potential questions that may arise. It is important to note that the questions are designed to confirm that you are in a valid relationship and may include questions about the sponsored fiancé’s work status or history of travel to the United States. In further effort to prove the validity of the relationship, both parties may be asked about their fiancés age, residence, background, favorite food, hobbies, etc. It is important to take the time to prepare for these types of questions before your interview.

As the application timeline is almost always uncertain, it is important to be flexible with your wedding plans. Once the sponsored fiancé arrives in the United States, you have 90 days to get married. During this time you will you be going through the application process, which takes time and diligence, so it is best to keep your wedding date flexible in case any delays arise.

When you deal with immigration, you need an attorney that is extremely knowledgeable and up-to-date with the constantly changing immigration laws. Whether you have questions about immigration law, applying for a K-1 fiancé visa or other immigration law related needs, the experts at Ivanor Law have decades of immigration law experience that we put to work for you and your unique immigration case.

Blog – Ivanor Law
Written by: Tara Crary

Things You Should Know If You Are Seeking An I-601 Waiver

Being found inadmissible to the United States can be daunting to someone wishing to immigrate. However, all hope is not lost for entering the United States even if the applicant has been found inadmissible for certain reasons. An I-601 Waiver for Grounds of Inadmissibility is a form that people must file if they are inadmissible to the United States and would like a status adjustment, immigrant visa, certain nonimmigrant statuses, or specific benefits related to immigration. At Ivanor Law, we understand the ins and outs of immigration law and can help you navigate through the complexities of the I-601 waiver process. We have outlined the top 5 things to know if you are seeking an I-601 Waiver.

What Is An I-601 Waiver?

An I-601 waiver, or Application for Waiver of Grounds of Inadmissibility, is a form used by certain immigrant applicants when applying for a visa, an adjustment of status, or an immigration benefit for which they are not eligible. Applicants who have been denied a green card or different immigration benefits can submit the waiver to the United States Citizenship and Immigration Services (USCIS) requesting that the grounds for their inadmissibility be waived. An I-601 Waiver allows a non-citizen alien to immigrate to the United States, adjust their status to permanent residence, or seek admission to the United States in a nonimmigrant status, if certain grounds of inadmissibility, circumstances, or conduct otherwise prevents them from entering the United States. Even if a K-1 fiancé visa or spousal visa petition is approved and the petitioning spouse or fiancé sits for the immigration interview, that does not ensure that a visa will be issued. It is important to note that note that not everyone is eligible for a waiver and certain criteria must be met in order to be eligible.

Eligible applicants need an I-601 Waiver if they are deemed inadmissible to the United States. In many cases, it is possible to apply for a waiver by completing form I-601 on the grounds of inadmissibility. Waivers under form I-601 can generally be granted if the applicant can prove that the denial of the visa application will cause “extreme hardship” to a qualifying relative, such as a parent or spouse who is a United States citizen or lawful permanent resident of the United States or for waivers due to fraud or unlawful presence. This includes children if seeking waivers for other grounds, such as crimes.

What Are The Reasons I May Need An I-601 Waiver?

There are several reasons why a petitioner may be deemed inadmissible to the U.S. These include a petitioner who:

Has been convicted of certain crimes and/or committed serious criminal acts
Has a drug and/or alcohol addiction
Is likely to require public assistance such as mental or financial support through social service programs
Has a two-foreign-residency requirement and/or is an exchange visitor
Has a mental or physical condition that is likely to cause a danger to others
Has entered the United States previously using fraud, misrepresentation or other illicit means
Has been in the United States illegally for more than 180 days either through initial illegal entry or overstaying a prior visa
Has a communicable disease

What Are The Requirements For A Waiver?

There are specific grounds for inadmissibility under the Immigration and Nationality Act and not every visa category will qualify for the inadmissibility categories. You will be able to apply for a waiver for specific categories based on what type of visa you wish to obtain. In order to use a Form I-601 waiver, the applicant must:

Require adjustment of status to lawful permanent residence applicant. Note that one may apply for this even though a few adjustment categories are excluded from this
Be an immigrant visa or Adjustment of Status applicant as a self-petitioner under the Violence Against Women Act, or a VAWA self-petitioner’s child
Be a Temporary Protected Status applicant
Be a K or V visa or an immigrant visa applicant, and be outside the U.S., having had your interview for the visa with a consular officer and having been found inadmissible during the interview
Be an Adjustment of Status applicant as a Special Immigrant Juvenile based on a Form I-360 that was approved
Be an Adjustment of Status applicant under the Nicaraguan Adjustment and Central American Relief
Be an Adjustment of Status applicant based on T nonimmigrant status

What Are The Requirements For A I-601 Waiver?

There are several forms of documentation that must be included with your waiver. This documentation includes copies of your passport and its pages, certified copies of birth certificates, copies of marriage certificates, photographs of you and qualifying relatives at social occasions, a signed notarized affidavit that confirms the contents of the affidavit that your qualifying relative submitted and in many cases, the same documents mentioned above from your qualifying relatives. In addition, your application for the waiver must include the documentation that can support your claim.

What Types Of Questions Are On the I-601 Form?

The questions on the I-601 Form can appear confusing. There are several different parts to the applications. Highlighted below are some of the key parts and corresponding instructions and questions:

Part 1: Information About You – This part of the form asked for your personal details including basic information related to your citizenship and your contact information. details.
Part 2: United States Entry Information – It is essential to document your past United States stays to include the dates of your stays, the city and state you stayed in and your border of entry.
Part 3: Biographic Information (for USCIS Applicants only) – Basic identifying information, such as your race will be asked here.
Part 4: Reasons for Inadmissibility – In this section you will state your reasons of inadmissibility.
Part 5: Information About Your Qualifying Relatives – You will be asked for biographic information about certain qualifying relatives in the United States who qualifies under the Immigration and Nationality act for your specific inadmissibility grounds, such as a parent, spouse or child.
Part 6: Information About Your Other Relatives with Ties to the United States – In this section it is important to list other relatives and connections in the United States who are United States citizens.
Part 7: Applicant’s Statement, Contact Information, Declaration, Certification, and Signature – Part 7 must be signed by you if you filled out your I-601 form.
Part 8: Interpreter’s Contact Information, Certification, and Signature – If you used an interpreter, Part 8 must be signed and filed out by them.
Part 9: Contact Information, Declaration, and Signature of the Person Preparing this Application, if Other Than the Applicant – If an attorney, paralegal or another third party completed your I-601 form on your behalf, Part 9 must be filed by them.
Part 10. Additional Information – If you need extra space to provide any additional information within this application, you must use the space provided in Part 10.

When you are seeking an I-601 Waiver on the Grounds of Inadmissibility, you need an attorney who is extremely knowledgeable of immigration law. The experts at Ivanor Law have decades of immigration law experience that we will put to work for you and your unique immigration case.

Blog – Ivanor Law
Written by: Tara Crary

What You Should Know About Child Custody During A Divorce

If you have children younger than 18 years of age, chances are child custody will be a hot button issue in your divorce proceedings. Child custody refers to where your children will live after divorce (physical custody) and who has the legal right to make decisions about their upbringing (legal custody). At Ivanor Law, we stand by your side and help guide you through this difficult and emotional process. Here are 3 important things to know about child custody during a divorce:

How Is Child Custody Determined During A Divorce?

Child custody determinations can vary widely. For example, some parents may share joint custody with equal time spent at both parent’s respective households while others may only be allowed supervised visits on prescribed days and times. In most cases, however, each parent should be able to have frequent residential time with their child.

The court decides on child custody in a divorce case by looking at several factors and makes decisions based on what it thinks are in the child’s best interests. For example, in cases where the court has difficulty determining child custody, they may seek the assistance of outside professionals such as counselors. If your child sees a counselor, the court may consider the counseling records or recommendations of the counselor to determine the custody arrangement. In other cases, the court may appoint a Guardian ad Litem to conduct due diligence on the parents and children and make a recommendation regarding custody.

The determination of child custody in a divorce case will differ for every family because it is determined by the specific facts to their case. The factors of determining child custody include:

Providing for the child’s physical care
Maintaining emotional stability for the child
Providing for the changing needs of the child as he or she grows and matures
Setting forth the responsibility of each parent with respect to the child
Minimizing the child’s exposure to parental conflict
Drug or alcohol abuse
Successful schooling
Preference of the child
Parents’ criminal history/the criminal history of other adults residing in the household
The existence of domestic violence

What Are The Types Of Custody Arrangements?

In the state of Florida, there are four types of custody arrangements. These include:

Physical Custody: Physical custody refers to the child living with you after the divorce. This is the most commonly referred to type of custody. In short, physical custody is a right granted by the court stating that the parent has the right to have the child or children live in his or her home. The right can be wither granted to only one parent or it may be shared by both parents in a joint agreement of physical custody in which the child can spend periods of time in the separate homes of both parents.

Legal Custody: Legal custody refers to the designated parents’ authority to make decisions regarding the child’s upbringing to include their health and education. Typically, courts in Florida grant joint legal custody to parents following a divorce, which means the parents will have to cooperate to make decisions that affect the child’s development. For example, the decision of where the child goes to school, what type of medical are the child will receive and/or which religion will the child follow. While joint legal custody decisions can sometimes be violated by either parent, joint legal custody violations are taken up in court and are not punishable by criminal charges. Of course, it is in the best interest of the child if both parents cooperate by collaborating on decisions that affect their children to avoid detriment to the child and the expense of an additional legal fee.

Joint Custody: Joint custody requires parents to share time with their children. While it does not necessarily need to be a 50/50 split, the court can impose a schedule that includes alternating weeks, months and holidays at each parent’s house with the goal of keeping the amount of time at each parent’s home divided almost equally. Joint physical custody has become more prevalent in recent years and has been found to be beneficial in enabling both parents to be integral parts of their children’s lives. In fact, courts generally prefer to award joint custody for this reason. While the preferred arrangement for many, children of those in hostile divorces may be adversely affected by being placed in the middle of the conflict through a joint custody agreement (though rare).

Sole Custody: In sole custody arrangements, the child or children permanently reside with the custodial parent. The non-custodial parent typically has regularly scheduled visitation rights. The courts will typically award sole custody to one parent when the court believes that the other parent is unfit to raise the child. In many cases sole custody is awarded when drug or alcohol abuse, domestic violence or significant financial instability is suspected (i.e. little or no money for food in which the child goes hungry). Sole custody may also be awarded due to other adults living in the household who are unfit to care for the child (i.e. a significant other, relative or friend). At the heart of sole custody is a child’s wellbeing and is usually imposed in only extreme cases.

How are Custody Agreements Reached?

A custody agreement can be reached informally between both parents through a mediator or by the decision of the judge. Even though the process to reach a custody agreement may vary, the end result will be a biding legal written agreement – an actual contract that both parents must abide by.

In informal negotiations, parents reach a child custody agreement through their own private negotiations, which may or may not include the assistance of attorneys. For example, parents may negotiate and outline the details themselves and then bring in an attorney to finalize the agreement. The parents may also utilize attorneys to negotiate their interests.

Another way custody agreements are reached is through mediation. In a mediation, a mediator (a neutral third party) is brought in to help settle disputes between the divorcing couple. Mediations are collaborative and intended to make the process of determining the custody agreement less hostile. Mediation also saves the time and expense of lengthy court trials and the agreement being decided by the judge, which may not be the decisions either party are hoping for.

As mentioned above, if a custody agreement cannot be reached by the parents informally or through mediation, the judge ultimately decides what the agreement will be in the courtroom after reviewing the evidence from both sides. This is the least ideal situation as again, the decisions about the custody of your child are left up to the court to decide with the main consideration being what is in the best interest of the child.

Child custody can be an extremely emotional and complex process that not only impacts the divorcing parents but also the emotional wellbeing of a child. Hiring an experienced family law attorney can help protect the rights of everyone involved. The experts at Ivanor Law have decades of family law experience that can help you in your divorce or child custody case.

Blog – Ivanor Law
Written by: Tara Crary

What Happens When You Violate Your Probation in Florida?

Probation is a form of supervision that requires an offender to adhere to certain conditions as determined by the court. Probation is granted in lieu of a sentence of incarceration. A violation of probation occurs when a defendant substantially and willfully violates the conditions of a probationary sentence. Being on probation comes with detailed responsibilities and they must be taken seriously. The consequences of probation violations in Florida can be severe and particularly serious compared to some other states and can affect every aspect or your life. For example, you not only can lose your freedom, your ability to make a living in the future can be severely impacted and your personal and family life can be affected. After a violation of probation you also may owe more in restitution and have other more restrictive penalties. Simply put, if you have violated your probation, whether knowingly or unknowingly, it is a serious issue that is best left to a skilled attorney. At Ivanor Law, we know the importance of having an experienced criminal defense attorney on your side. We have decades of criminal law experience and have outlined the top 6 things you can expect if you violate your probation.

What Is Violation Of Probation?

A violation of probation in Florida is described in Florida Statute 948.06 and occurs when an offender substantially and willfully violates or disobeys any of the conditions or terms that the courts outlined for their probation. A probation violation can occur at any time during the probationary period from when the probation term begins to the date that it ends.

What Are The Most Common Conditions/Terms of Probation?

The conditions and terms of one’s probation will vary based on the particular offense and circumstances of each offender’s case. The 6 most common conditions and terms of probation include:

You must meet with a probation/parole officer regularly. The probation officer must also be allowed to visit you at any location they see fit such as your place of employment, home or school
You will be required to remain alcohol and drug free and submit to random alcohol and drug tests
You will be required to secure and maintain employment throughout the duration of your probation
You are prohibited from possessing or carrying of a firearm or any other type of weapon
You are prohibited from associating with known criminals
You are prohibited from participating in any type of criminal activity

How Is A Violation Of Probation Enforced?

If an offender is suspected of violating his or her probation, their parole officer will submit a document called an “Affidavit of Violation” to the court. This is a legal document that includes the details, facts and evidence regarding the suspected violation. After the document is filed by your parole officer, a judge will review it and make the final determination as to whether or not they believe that a violation of probation has occurred. If the judge finds that you are guilty of a violation of probation, they will issue a warrant for your arrest. After your arrest, you may be able to post bond depending on the severity of the violation and a hearing date will be set. Unlike a regular hearing or trial when an individual is originally arrested, there is no burden of proof requirement in a violation of probation hearing, meaning that the state does not have to prove guilt beyond a reasonable doubt. In violation of probation cases, the state has a much lower standard in proving guilt, known as “preponderance of the evidence.” In addition, the probation officer has the right to say what they believe you did without further proof and use anything that you might have said to them against you. Hearsay is also allowed in these types of cases.

What Are The Most Common Types Of Probation Violations?

It is important to reiterate that probation terms and conditions differ with every individual and case. The 7 most common types of probation violations in Florida include:

Missing a meeting with your parole officer without prior notice or compelling reason
Failing to notify your parole officer that you intend to travel or traveled outside a certain area

Failing to notify your parole officer that you moved
Testing positive for drugs or alcohol during a screening
Not completing drug or alcohol treatment programs
Moving out of the area or areas in which you are required to reside as denoted in the court documents
Committing another crime and getting arrested for another crime

What Are The Penalties For Violating Probation?

Once your parole officer submits the Affidavit of Violation and the court hearing is complete, the judge will rule. It is important to note that the judge’s ruling will depend not only on the information contained in the Affidavit of Violation and testimony by your parole officer and other witnesses or corroborating evidence, but also on the strength of your defense. Note that it is not always the case that you will be sent back to jail if you violate your probation. It does happen, however, especially in cases where the offender attends their violation of probation hearing without a criminal defense attorney present.

If you have violated your probation, the judge will rule in one of 3 following ways based on the Affidavit of Violation and its supporting information outlined above:

The judge will send you back to jail
The judge will reinstate your probation
The judge will modify your probation with altered and often more severe terms

Why Is It Important To Hire A Criminal Defense Attorney If You Have Violated Your Probation?

If you have violated your probation your freedoms will literally be hanging in the balance, and it is critically important that you do not try to go it alone without a lawyer. As noted above, it is more common for an individual to be sent back to jail if they attend their Violation of Probation hearing without an attorney present. While violation of probation should be taken very seriously, the outcome is not necessarily jail time or more severe penalties. For example, if you do have your probation revoked, the sentence cannot be greater than the statutory maximum penalty for the original offense.

Violation of Probation in Florida can come with life altering penalties. Hiring an experienced criminal defense attorneycan help protect your rights. The experts at Ivanor Law have decades of criminal defense law experience that can help you in violation of probation case.

Schedule a free consultation with us today at: www.ivanorlaw.com/contact/ or call us at (407) 255-2065.