Frequently Asked Questions | Attorneys in Miami, FL — Hector Hernandez & Associates

Frequently Asked Questions

01

Immigration

01. What is a stay of deportation?

A stay of deportation occurs when a person facing deportation requests a temporary stay. The first thing to consider is hiring a professional immigration attorney to help with such a complicated process.

02. How do I apply for asylum?

Asylum laws change constantly. Generally you'll need confinement and medical documentation, a human rights report from the home country, sworn witness statements, and a detailed legal brief explaining the law as it relates to the individual's particular needs.

03. What is a temporary worker visa and how can I get one?

Temporary worker visas are for people entering the country to work temporarily. The employer must first file a petition with USCIS. Once approved, the person can apply for a work visa.

04. How do you apply for the Family Reunification Parole Program?

Instructions are provided by the National Visa Center (NVC). You cannot submit an application without an invitation from the NVC. You will receive a letter inviting you to apply, along with the steps to follow during the process.

05. How long do I have to fix my status after receiving a Notice to Appear?

Timeframes vary depending on the case and the assigned immigration court. It's essential to contact an immigration attorney right away to evaluate the available options and prepare the appropriate defense.

Hector Hernandez & Associates, P.A. legal team — Immigration
Hector Hernandez & Associates, P.A. legal team — Bankruptcy
02

Bankruptcy

01. What types of bankruptcy exist and which one is right for me?

There are mainly two types of bankruptcy: Chapter 7 and Chapter 13. Chapter 7 generally discharges most debts, while Chapter 13 lets you reorganize debts and make payments over time. The best option will depend on your income, assets and type of debt.

02. What happens to my house if I file for bankruptcy?

Whether you can keep your house depends on the type of bankruptcy you choose and your specific circumstances. In some cases, you may be able to keep your house if you're current on mortgage payments or can catch up through a payment plan.

03. How long does a bankruptcy stay on my credit history?

A Chapter 7 bankruptcy generally stays on your credit report for 10 years, while a Chapter 13 bankruptcy stays for 7 years.

04. Can I file for bankruptcy if I own a business?

Yes, it's possible. Chapter 7 bankruptcy can liquidate your business assets to pay creditors, while Chapter 13 may let you reorganize your business debts and keep operating.

05. What happens to my taxes if I file for bankruptcy?

Tax debts can't always be discharged in a bankruptcy proceeding. However, there are exceptions and the possibility of negotiating a payment agreement with the IRS. It's important to consult with our attorneys to determine how your taxes will be handled.

03

Personal Injury

01. Why do I need a personal injury attorney after an accident, even if I have insurance?

Even if you have insurance, insurance companies often try to minimize payouts. An attorney protects your rights, negotiates with insurers, and works to get you the maximum possible compensation for medical expenses, lost wages, pain and suffering, and other damages related to the accident.

02. What type of compensation can I get for my injuries?

Compensation can include current and future medical expenses, lost income, pain and suffering, disability, disfigurement, and other damages. One of our attorneys will evaluate your case and help you determine the total compensation you're entitled to.

03. How long do I have to file a personal injury lawsuit in Florida?

Florida has a statute of limitations that sets a maximum deadline to file a lawsuit. It's crucial to act quickly to protect your rights. Our attorneys will inform you of the specific deadlines that apply to your case.

04. What happens if the insurance company won't pay my claim?

If the insurance company refuses to offer fair compensation, our attorneys are ready to negotiate aggressively on your behalf. If necessary, we will pursue litigation to enforce your rights in court.

05. What should I do immediately after an accident?

It's crucial to document the accident right away. Take photos of the scene, the damage, and your injuries. Seek medical attention and keep all bills. Also, contact us as soon as possible to discuss your legal options.

Hector Hernandez & Associates, P.A. legal team — Personal Injury
Hector Hernandez & Associates, P.A. legal team — Real Estate
04

Real Estate

01. What legal particularities of the South Florida real estate market should I know about?

The South Florida market has unique characteristics, such as specific regulations on condominiums, homeowners associations, and waterfront properties. Our legal team is highly familiar with these particularities and can advise you at every step of the process.

02. How can I make sure a property title in Florida is clean?

To make sure the title is free of liens, encumbrances or disputes, it's essential to run a thorough title search. Our attorneys will handle this process and provide you with a detailed report on the status of the title.

03. What happens if I find problems with the property after buying in Florida?

If you discover hidden defects, construction issues, or a breach of contract terms after the purchase, our attorneys can help you file a lawsuit or start a mediation process to resolve the dispute.

04. What taxes should I consider when buying a property in Florida?

Florida has a property transfer tax that must be paid at the time of sale. In addition, it's important to consider property taxes, homeowners association fees (if applicable), and other related taxes.

05. How can I protect my investment in a rental property in Florida?

It's essential to have a solid lease agreement and comply with all local and state laws related to rentals. Our attorneys can help you draft contracts, resolve disputes with tenants, and handle any related legal issues.

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MIAMI OFFICE

(305) 614-1690
7480 SW 40th Street
Suite 450
Miami, FL 33155

WEST PALM BEACH OFFICE

(561) 566-6860
8461 Lake Worth Road
West Palm Beach, FL 33467
(The Nexus)