When a tenant is not paying rent or is otherwise not complying with the lease, there is a legal process that is available to address the non-compliance. The legal process involves providing a notice to the tenant and if the notice does not resolve the issue then an eviction action can be filed in court. However, some landlords neglect seeking legal recourse through the courts and take matters into their own hands and attempt to conduct a self-help eviction

Self-Help Eviction

A landlord cannot use self-help tactics while attempting to evict a tenant. Self-help measures include:

• Termination of utility services such as water and electricity

• Changing of locks or using any other devices to prevent a tenant from entering the property

• Removal of outside doors, roofs, walls or windows (unless for maintenance purposes)

• Removal of tenant’s property

Clearly any of these measures may force a tenant to vacate the property, but these actions constitute a self-help or constructive eviction and are a violation of Florida law.

Diversity Visa 2009 Lottery Results

The Diversity Visa Lottery registration for 2009 which began on Wednesday, October 3, 2007 ended on Sunday, December 2, 2007. The DV lottery computer will randomly select individuals from among all qualified entries. All winners will be notified by the Kentucky Consular Center by MAIL between May and July 2008 and will be provided further instructions. Please note that winners are NOT notified by E-mail and those who were not selected will not receive any notification. Beware of any fraudulent emails you might receive pretending to notify you of your selection, requesting that fees be sent in order for you to qualify. Also be aware that if you are in the United States, you must be in legal status to adjust your status to residency. In cases where winners are selected but are not in legal status in the U.S., applications for adjustment will likely be denied.

IMMIGRATION Q&A

Question: I heard that there was some kind of investment visa for the U.S. where I can make an investment of less than a million dollars and still get a Green Card. Is there really such a visa and if so, how much do I really need to invest and what are the requirements?

Long delays in FBI name checks may come to an end soon

Department of Homeland Security, Secretary Michael Chertoff has indicated that USCIS and the FBI will be modifying the “name check” process in order to speed up immigration processing. This is expected to substantially eliminate a large proportion of the backlog of cases which have been delayed due to the slow pace of processing these FBI checks. Experts believe that “name check” clearances will be required to be completed within a prescribed amount of time. Then, if the clearance is not completed within the designated timeframe, the USCIS may then be allowed to approve the case. This change appears to be prompted by the large volume of cases filed against the USCIS in federal courts due to long delays caused by excessive name check delays. Delays caused by such FBI name checks can delay USCIS approvals by many months. For instance, in adjustment of status cases, an applicant may attend his or her residency interview, only to find out that even though all qualification were met in order to receive residency, since the FBI name check had not come back as “cleared”, no residency will be approved by the officer at the interview. After the interview, it may take between 2 -8 months for the FBI to finally provide the clearance. At that point, the applicant receives the “Welcome” letter in the mail and the actual Green Card a few weeks later.

THIS WEEK’S IMMIGRATION QUESTIONS

Question: Hi there. When I arrived in Miami this last June on a Tourist visa, the immigration officer gave me 6 months to stay in US, which will expire on December 24th. I applied in late October for a four month extension to stay and spend Christmas and New Year here in Florida with my family friends. I know this extension request is really late, so I want to know will happen if the application is denied. Will there be some kind of problem for me to come back to the U.S. again? I am getting really worried now that my I-94 is so close to expiring and I still don't have an answer from the USCIS.

Immigration Enforcement May Again Target Foreign Travelers This Season

As the Christmas holidays roll around again, a friendly reminder is in order that the USCIS enforcement division, ICE may once again target places and modes of transportation which immigrants typically utilize, such as bus and train stations and airports. ICE may periodically do “sweeps” by going through a station or airport looking for anyone who appears to be a foreigner and asking for proof of immigration status. Those who are in legal immigration status should carry a copy of USCIS approvals and other evidence of legal status. Remember that I-130 receipts themselves do not confer any type of legal status on beneficiaries, however, there have been cases where ICE officers will release suspects who produce them, so by all means, carry them with you just in case. Good luck and be safe!

Long Delays In USCIS Processing of Citizenship/Naturalization Applications Expected

With the USCIS implementation of filing fees increases this past July, applicants filed millions of citizenship and other immigration petitions just before the fee increase which took effect on July 30, 2007. Sources are reporting that the USCIS received at least two years worth of applications in only two months. Because of this, experts are predicting that there will be significant delays in the processing of all immigration petitions, including Citizenship applications, which could take up to 18 months to process. Further, immigration proponents are charging that this delay in processing Citizenship applications will significantly affect the 2008 Election, since millions of Permanent Residents subject to delayed processing will not be naturalized, and not be able to vote in the election.