Puntier Law Firm - June 2022

Puntier Law Firm - June 2022

(404) 902-6004 | www.puntierlaw.com

June 2022

Preparation Is Always the Key Especially in Asylum Applications

Hi newsletter friends! I’m Richard, an attorney here at Puntier Law. I aim to represent my clients in immigration, personal injury, and criminal matters. I became an attorney because I wanted to help people in need. Immigration law was something I looked at early on because I felt in my heart that this was where I was supposed to be. I understand immigration because my grandparents came to the United States from Brazil in the 1960s. I grew up hearing stories about how my grandma wished there was legal help in the language she could speak and understand. This foundation inspired me to get my bachelor’s degree in Spanish, and then I pursued law school. I wanted to be able to communicate with and help immigrants, because I understand how confusing and frustrating it can be to navigate the legal world. One of the practice areas I’m passionate about is asylum cases. These cases can be difficult to win because of the tough jurisdiction within Georgia. But I don’t let this difficulty deter me or my clients. The big thing within asylum cases is preparation. All asylum applications are sworn applications. So when we go to court, my clients have to swear that all of the content in their files are true. Because of this, I want to know 100% of their story to ensure that everything we have is accurate and factual. Some attorneys may have a bad habit of breezing through the client’s story before filling out the application process. This is where many mistakes are made because you’re not getting all of the information. Why was your client persecuted in their native country? Why do they seek asylum? It’s best to avoid staying on the surface and, instead, get down to the nitty-gritty details. This is why I ask my clients the hard questions from the beginning. Clients may try to be vague with their stories, but I want to know all of the details. I will also cross-examine my clients to better prepare them for court. I’m very detail-oriented, and I like to gather as much information in chronological order so the judge can easily understand and follow along with the timeline. I always tell my clients to give me every tiny detail — you never know what will be vital for their case. It also helps us set the scene and explain why they’re applying for asylum.

Most of my clients will speak generally when explaining their story and use pronouns like they and them when referring to people. But I encourage them to be as descriptive and informative as possible — this will only help their case. I also encourage my clients to expound on their belief that “the police never do anything.” We are in a court of law, so they won’t buy the idea that law enforcement isn’t helping. It’s best to explain why you feel that way. Did you report a crime, domestic violence, or assault to the police? What are the rules and regulations in your country concerning these actions? If you explain these actions and show that you have reported these incidents, it will help the court see that you have taken action and want to do something better to get the help and safety you deserve.

“I wanted to be able to communicate with and help immigrants, because I understand how confusing and frustrating it can be to navigate the legal world.”

Asylum law is an extremely difficult circuit, but obtaining as much information and documents can truly help your case in the long run. Even if the judge doesn’t approve your application, I can take it to the Board of Immigration Appeals (BIA) and see if they will change the ruling. If we need to take this step, it’s best to have a perfect record to send to the BIA. Every little piece we put in there is a chance to win credibility points. When it comes to asylum cases, my frame of mind is: Yes, it’s a tough jurisdiction, but if the judge is inclined to grant approval, I want to give them all the tools to say yes. I aspire to help anyone in need. I care about you and your family, and I will do everything in my power to get you what you deserve.

–Richard Panachida

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Plan the Ultimate Water Balloon Fight (And Score Parent Brownie Points)

Summer is here, which means your kids are probably about to disappear for endless play dates, outdoor adventures, or even summer jobs. Fortunately, there’s one way to keep them home and make your house the “cool” spot for their friends to hang out: Plan an epic water balloon fight. Water balloons are the essence of summer, and everyone can get in on the action. If you have a big family, you can plan the ultimate family battle, or your children can invite their friends over for a showdown. (Teenagers will love this as much as elementary schoolers!) Whichever option you choose, use these tips to level up the fun:

piling them in the center of the war zone where players will have a hard time grabbing them without getting wet.

3. Extend the battle with refill/dump buckets. If you have water guns in the fight, make sure to strategically place buckets of water around the war zone. Big buckets are great for refilling guns, and small ones can fuel splash battles when your balloons run out. 4. Create an epic kickoff. Increase the drama of your game by having the players stand in a big circle with the ammunition in the center (like “The Hunger Games”) or splitting into groups and having each team start on opposite sides of no man’s land. Don’t forget the countdown! 5. Shake up the format. Come up with rules for your fight instead of making it an all-out brawl. Do you want to do a tag-style game, where someone is “it” until they balloon someone else? Or would you rather imitate dodgeball and tag each other “out” with balloons? Poll your players to see which idea is a hit. Pro Tip: Consider swapping water balloons for sponges to save water. You can simply re-soak them to continue the battle!

1. Provide plenty of ammunition. Fill at least 100 water balloons, or 25–50 balloons per player, to extend the window of your battle.

2. Up the stakes with water

guns. Water balloons are great, but water balloons and water guns are even better! Spy magazine recommends hiding the guns around your yard or

BREAKING NEWS WITHIN IMMIGRATION

If you are a Temporary Protected Status (TPS) holder who has gotten a deportation order, we have some good news! On March 21, 2022, the USCIS agreed to restore a path for you

Cuccinelli lawsuit in August 2020. Seven TPS beneficiaries and the Central American Resource Center (CARECEN) sued the Trump administration for unlawfully denying thousands of TPS holders to change their legal status.

to become a permanent resident in the United States. As a result, your deportation order will be dismissed, and your case will be reopened.

If you meet the following requirements , you can have your removal proceeding dismissed and adjust your residency status.

This is groundbreaking news because previously if you had a TPS with deportation orders and left the United States to gain admission back, you could not do so. According to the USCIS, even if you left the United States, you could not adjust your legal status, because

•

Currently possess a Temporary Protected

Status (TPS).

• Have a deportation order issued by the Executive Office for Immigration Review or the U.S. Immigration and Naturalization Service.

this was technically a removal order. This leaves individuals stuck between two agencies: the courts, which claim not to have jurisdiction because you left on parole and are coming back as an alien, and the USCIS, which claims to not have jurisdiction because you are still in removal proceedings.

•

Traveled on advance parole since the

order was issued.

•

Are eligible to file an application of adjustment

status with USCIS.

Have any questions about this news and how it applies to you and your family? Allow your friends at Puntier Law Firm to assist you. We will be happy to look at your case and help you with any documents or applications.

But from now until January 9, 2025, any TPS holder can have their removal proceedings dismissed and have their case reopened. This agreement resulted from the CARECEN vs.

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TAKE A BREAK

FILING A PERSONAL INJURY CLAIM?

3 Steps You Need to Know

Sustaining an injury in an accident is challenging. You may have to take time off work or seek medical attention. In addition, it can be confusing and stressful to file a personal injury claim. Luckily, Puntier Law Firm is here to help. Here is everything you need to know about a personal injury claim.

Inform Insurance Companies Even if you’re not filing a

claim, you still need to notify your insurance company about the car accident. If you’re going to file a claim, you also need to inform the other driver’s insurance company about the accident. The insurance company you file a claim against will look at the accident and see who is at fault. You should file a personal injury claim as soon as possible to potentially receive more money in your settlement offer. Be sure to collect evidence to strengthen your claim. You want proof that establishes negligence, causation, and liability. Discovery Hearing This will be the first official court date in which the plaintiff or their attorney will explain the elements of the case. The defendant will then have an opportunity to present their reasons for contesting. The judge will then determine who is liable for the accident by assessing how the law applies to the plaintiff’s claim. A settlement amount may be offered during the discovery hearing, but it’s important to note that it may not cover the long-term costs and losses you will experience. Therefore, before settling your claim, be sure you fully understand the extent of your damages and inform your attorney of any offers. Pro tip: It’s a good idea not to take the first offer. If you play the waiting game, you may be able to receive more money. Filing a Lawsuit and Going to Trial The court will schedule a trial date if negotiation is not settled during the discovery hearing. Then, the plaintiff and defendant will present their case to the judge. The judge or jury will decide who’s at fault and how much money your settlement will be. Have you or a loved one suffered injuries from a car accident? Allow Puntier Law Firm to help! We will gladly look over your accident and claim and assist you during the filing period and court process. We will help you get the settlement you deserve.

SWEET AND SPICY BBQ CHICKEN SKEWERS

Ingredients

FOR THE MARINADE • 1 tbsp olive oil • 2 tbsp soy sauce • 2 tbsp chili garlic sauce • 2 tbsp rice vinegar • 3 tbsp honey • Juice of 1 lime • 3/4 tsp smoked paprika • 1/2 tsp salt

FOR THE SKEWERS • 2 lbs chicken breast, cut into bite-size cubes • 1 small pineapple, cut into 1-inch cubes

Directions

1. In a bowl, whisk together marinade ingredients. 2. In a reusable freezer bag, combine cubed chicken and all but 1/4 cup of the marinade. 3. Seal bag and massage marinade into the chicken. Chill in the fridge overnight. 4. The following day, preheat the grill to 400 F. Thread chicken and pineapple onto skewers, adding two cubes of chicken for each cube of pineapple. 5. Grill the skewers for 3–4 minutes per side, brushing with the reserved marinade in the final minutes. 6. Serve over rice or with your favorite barbecue sides!

Inspired by RecipeRunner.com

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(404) 902-6004 www.puntierlaw.com 1770 Indian Trail Rd., Ste. 270 Norcross, GA 30093

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INSIDE THIS ISSUE

1

Every Little Detail Counts!!

Make Your Place the ‘Cool House’ This Summer

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2

Good News for TPS Beneficiaries

Sweet and Spicy BBQ Chicken Skewers

3

Before Settling, Think About Long- Term Costs

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4

Learn More About the U Visa

You Deserve Protection Against Violent Crimes No Matter What Your Immigration Status Is

What Criminal Activities Qualify? There are a variety of crimes that fall under this category — if you meet the qualifications listed previously concerning abduction, domestic violence, kidnapping, prostitution, sexual assault, trafficking, murder and other crimes, you are eligible. How Do I Apply for a U Visa? There are several documents you need to submit to apply. First, you must fill out the I-918 form, and part B of that form must be signed by an authorized official stating that you are and will continue to be helpful during the investigation. Then, you want to fill out a personal statement describing the criminal activity you were a victim of and provide evidence. Being a victim of a crime can be nerve-racking to report because of fears of being deported. But the U visa is here to help protect you and your family. No matter your status, you deserve to receive justice for the pain and suffering you experienced. Puntier Law Firm will be happy to assist you during your time of need. We will ensure you have all the information and documents available to help you during this time.

If you find yourself being a victim of a crime, there are United States laws that protect legal and undocumented immigrants. We previously discussed these protections in a recent newsletter, and today we wanted to go in-depth about the U Nonimmigrant Status you can use to protect yourself. U Nonimmigrant Status — What Is It? This protection is also known as a U visa, used for victims of certain crimes who suffered mental or physical abuse. It’s intended to help law enforcement investigate and prosecute cases of criminal activity. The legislation also allows law enforcement to better serve victims of these crimes. How Do I Qualify? You are eligible for a U visa if you fulfill these four requirements:

• You’re a victim of qualifying criminal activity in the United States.

• Suffered mental or physical abuse because of the criminal activity.

• Have information about the activity that can be helpful to law enforcement during the investigation or prosecution process.

• You’re admissible to the United States.

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