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Florida Immigration Law
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David B. Pakula, P.A.
Attorney At Law
Staff fluent in Spanish and Russian
1806 N. Flamingo Road, Suite 410
Pembroke Pines, Florida 33028
Tel.: (954) 217-5123
Fax: (954) 217-6990
David B. Pakula, J.D., LL.M., practices immigration law and immigration
litigation. Additionally, he is board certified by The Florida Bar in appellate
practice and has handled trial and appellate litigation in state and federal
courts since 1987. The law firm of David B. Pakula, P.A. is rated AV by Martindale-Hubbell.
Mr. Pakula is a lawyer who has authored scholarly articles on immigration law appearing in The
Florida Bar Journal and Intepreter Releases, an internationally circulated
weekly publication providing U.S. immigration news and analysis. He is a member
of the American Immigration Lawyers Association (AILA).
From its offices in Pembroke Pines, Broward County, Florida, the law firm of David B. Pakula, P.A. represents immigration clients across the United States and internationally. David B. Pakula, P.A. advises individuals applying for visas at
U.S. consular posts throughout the world, as well as individuals and organizations seeking immigration benefits and relief in the United States.
The firm provides the following immigration related legal services:
Nonimmigrant visas (temporary visitors to the U.S.)
- H-1B visas for professional specialty occupations
- L-1 visas for intra-company transferees
- E-1 and E-2 visas for treaty traders and investors
- R-1 visas for religious workers
- TN visas for Canadian and Mexican professionals
- O-1 visas for outstanding members of the arts and sciences
- K-1 visas for fiancees of U.S. citizens
- K-3 and K-4 family reunification visas
- B-1/B-2 visas for visitors to the U.S for business and pleasure
Immigrant visas (permanent residence, a/k/a "green card")
- Family-based immigration, including battered spouse petitions and petitions to
remove conditional residence
- Employment-based immigration, including labor certifications and preference
petitions
Citizenship & Naturalization
Removal & Deportation Defense; Asylum Claims; Habeas Corpus;
Post-Conviction Relief
Immigration Litigation; Administrative and Federal Court Appeals
I-9 Compliance for Employers
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Immigration Judge Rules Florida Simple Battery Not a Crime of Violence |
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dpakula writes: "Our client was placed in removal proceedings and charged with removability for a crime of domestic violence based on a Florida conviction for simple battery. The Immigration Judge granted our motion to terminate the proceedings. We persuaded the judge not to consider facts set forth in the arrest report in determining whether the offense constituted a crime of violence, and to limit her inquiry to consideration of the charging document (the information) and the judgement of conviction. In addition, the judge agreed with our argument that since a Florida simple battery can be accomplished by a mere unauthorized touching, the offense categorically does not rise to the level of a crime of violence as defined by the Immigration and Nationality Act. This was a hard fought victory, as the case was complicated by inconsistencies in the applicable federal court decisions."
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Posted by dpakula on Friday, August 07, 2009 - 11:15 AM (258 Reads)
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Valiente Periodista de Internet Anti-Chavista Gana Asilo Politico |
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dpakula writes: "Un juez de inmigración de Miami recientemente otorgó asilo politico a nuestro cliente. Arriesgándose a sí mismo y a su familia, nuestro cliente publicó material anti-gobierno en su sitio web de alto perfil donde daba noticias, información y opinión sobre eventos actuales en Venezuela. Nuestro cliente continuó publicando el sitio web aún después de recibir amenazas de muerte de parte de las fuerzas pro-Chavez. Felicitamos a nuestro cliente y le deseamos la mejor de la suerte en los Estados Unidos."
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Posted by dpakula on Thursday, June 18, 2009 - 12:37 PM (321 Reads)
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Courageous Anti-Chavez Internet Journalist Wins Asylum |
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dpakula writes: "A Miami immigration judge recently granted asylum to our client. At great risk to himself and his family, our client published anti-government material on a high profile website that delivered news, information and opinion about current events in Venezuela. Our client continued to publish the website even after receiving death threats from pro-Chavez forces. We congratulate our client and wish him the best of luck in the United States."
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Posted by dpakula on Thursday, June 18, 2009 - 08:26 AM (351 Reads)
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Mr. Pakula Speaks to Immigration Lawyers About Federal Court Litigation |
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dpakula writes: "On October 22, 2008, David B. Pakula was a featured speaker on a panel of immigration law experts during a teleconference presented by ILW.com. The topic of Mr. Pakula's presentation was federal court litigation in PERM cases. Mr. Pakula spoke to an audience of immigration attorneys about the procedures and legal issues that arise when seeking federal court review of adverse PERM decisions by the U.S. Department of Labor."
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Posted by dpakula on Friday, November 07, 2008 - 03:29 PM (835 Reads)
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Plea with Immigration Consequences Vacated |
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dpakula writes: "In 2002, our client pleaded no contest to possession of a small quantity of marijuana and possession of drug paraphernalia. In 2007, he was denied adjustment of status based on marriage to a U.S. citizen, because no waiver of inadmissibility was available for the paraphernalia charge. We filed a motion for post-conviction relief based on the trial court's failure to advise our client of the possible deportation consequences of his plea. The trial judge recently granted our motion and vacated the paraphernalia conviction. The prosecution nolle prossed that charge. Now, our client will be able to adjust status."
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Posted by dpakula on Tuesday, November 04, 2008 - 04:27 PM (1082 Reads)
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Outstanding Homeopathic Researcher Receives O-1 Visa |
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dpakula writes: "Our client is a Brazilian physician who studied and practiced classical homeopathic medicine in Brazil. She distinguished herself in the field of homeopathic treatment of baldness, having written a book and several scholarly articles on the topic, and having lectured at international conferences. The case was somewhat challenging, because homeopathic medicine is not widely considered to be a traditional scientific discipline within academic circles. Nonetheless, our O-1 petition was successful, and our client now practices as a homeopathic consultant in the United States. Our firm has extensive experience with O-1 petitions for outstanding scientific researchers. If you think you may qualify for an O-1, please call our office - 954-217-5123 - or email us - dpakula@infionline.net - for a free initial consultation."
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Posted by dpakula on Sunday, November 02, 2008 - 05:09 PM (864 Reads)
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New Reports Highlight Continuing Disparities in Dysfunctional System of Asylum Adjudications |
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dpakula writes: "Recent independent reports by the Government Accounting Office (GAO) and the Transactional Records Access Clearinghouse (TRAC) show that significant disparities continue to exist in U.S. asylum adjudications. Incredibly, asylum results vary significantly depending on the city in which the claim is adjudicated, the immigration judge presiding over the case, and other factors that should have nothing to do with the merit of an asylum claim. A TRAC report on asylum adjudications from 2002-07 reflects that the average rate of asylum denials in New York was 38.3%, while the rate in Miami was 78.5%. The national average was 58.8%. Denial rates also varied wildly from one judge to another. In Miami, the denial rates range from a low of 21.3% for Judge Sandra Coleman, to a high of 97.1% for Judge Mahlon Hanson. The TRAC reports states: "The wide range of disparities in how asylum matters are decided — regardless of the perspective from which they are examined – points strongly to a dysfunctional system where the law is not the law." Powerful words that describe what we know from our own experience to be the sad and painful truth. Despite ongoing reports of this nature, we have not seen any changes in the asylum adjudication system in recent years. When will this injustice end?
Read on for links to the GAO and TRAC reports.
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Posted by dpakula on Sunday, October 05, 2008 - 08:45 AM (1182 Reads)
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New Publication: Mr. Pakula Authors Chapter in PERM Book About Federal Court Litigation |
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dpakula writes: "The 2008-2009 edition of "The PERM Book" includes a chapter written by David B. Pakula titled, "Federal Court Litigation-PERM." The PERM book is a comprehensive guide to handling PERM cases that is published each year by ILW.com. The book offers guidance for attorneys handling alien labor certification cases under the PERM system on behalf of employers and their foreign national employees who seek to immigrate to the United States based on an offer of employment. The chapter authored by Mr. Pakula offers practical advice and useful strategies for seeking federal court review of adverse decisions and rulings of the Department of Labor in PERM cases."
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Posted by dpakula on Friday, September 19, 2008 - 07:35 AM (991 Reads)
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Deadline Approaches for Motions to Vacate Plea |
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dpakula writes: "On October 26, 2006, the Florida Supreme Court issued a ruling that shortened the time period for filing motions for post-conviction relief based on a trial court's failure to advise of the deportation consequences of a plea. The Supreme Court's decision in State v. Green opened a two-year window within which many of these claims must be filed in order to be considered timely. That two-year window of opportunity closes on October 25, 2008. If you have a potential motion for vacate a criminal plea that you entered into more than two years ago, and the plea may have deportation consequences, you must take action now if you wish to preserve your claim. Please call my office for a free initial consultation: (954)217-5123. "
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Posted by dpakula on Wednesday, September 10, 2008 - 12:29 PM (1408 Reads)
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New Publication: Mr. Pakula Authors Article on Immigration Law for Criminal Defense Lawyers |
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dpakula writes: "An article titled, "Immigration Consequences: Simple Possession Just Got Simpler", by David B. Pakula, Esq., appeared in the Summer 2008 edition of the law journal Florida Defender, a publication of the Florida Association of Criminal Defense Lawyers. In the article, Mr. Pakula discussed new developments concerning the circumstances in which a conviction for drug possession constitutes an "aggravated felony" for immigration purposes. The article was addressed primarily to Florida criminal defense lawyers who represent foreign nationals charged with illegal drug possession. "A compentent criminal defense attorney must have at least a working knowledge of these new developments in the law," said Mr. Pakula."
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Posted by dpakula on Tuesday, August 12, 2008 - 02:33 PM (1207 Reads)
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Our News Stories |
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· Immigration Judge Rules Florida Simple Battery Not a Crime of Violence
(Aug 07, 2009)
· Valiente Periodista de Internet Anti-Chavista Gana Asilo Politico
(Jun 18, 2009)
· Courageous Anti-Chavez Internet Journalist Wins Asylum
(Jun 18, 2009)
· Mr. Pakula Speaks to Immigration Lawyers About Federal Court Litigation
(Nov 07, 2008)
· Plea with Immigration Consequences Vacated
(Nov 04, 2008)
· Outstanding Homeopathic Researcher Receives O-1 Visa
(Nov 02, 2008)
· New Reports Highlight Continuing Disparities in Dysfunctional System of Asylum Adjudications
(Oct 05, 2008)
· New Publication: Mr. Pakula Authors Chapter in PERM Book About Federal Court Litigation
(Sep 19, 2008)
· Deadline Approaches for Motions to Vacate Plea
(Sep 10, 2008)
· New Publication: Mr. Pakula Authors Article on Immigration Law for Criminal Defense Lawyers
(Aug 12, 2008)
Florida Immigration Law
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Past Articles |
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| Thursday, March 06 |
| · | Firm Wins Cancellation of Removal for Client with Multiple Possession Convictions (0) |
| Sunday, May 13 |
| · | Asylum Victory for Client Fleeing From Political Persecution in Venezuela (0) |
| Sunday, February 25 |
| · | Government Concedes Massachussets Battery Against Law Enforcement Officer Offense Not a Crime Involving Moral Turpitude (37) |
| Sunday, January 28 |
| · | Politicians Take Note: Record Numbers of New Naturalized U.S. Citizens (Voters) (27) |
| Thursday, September 21 |
| · | BIA Decision: Traffic Jam Can Excuse Failure to Appear (36) |
| Saturday, September 03 |
| · | Me Revocaran la Residencia Permanente Condicional en los EE.U.U. Si Hay un Divorcio? (68) |
| · | Will a Divorce Revoke My Conditional Permanent Residency in the U.S.? (10) |
| Thursday, July 21 |
| · | Analyzing the Immigration Consequences of Criminal Proceedings: Don't Try This At Home (104) |
| Tuesday, May 31 |
| · | Don't Delay, Naturalize Today! (0) |
| Thursday, November 25 |
| · | Congress Creates New Exemption from Annual H-1B Cap (0) |
| | Older Articles |
Florida Immigration Law
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Florida Traffic Ticket Defense News |
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