We The People (Aired 04-18-25) Prenups, Divorce and Family Law: What You Really Need to Know

[00:00:00] Speaker A: Foreign of we the People, tackling current issues, both political and legal, with common sense. As we the people, we must bring common sense back to make our lives better. Only on NOW Media tv. [00:00:23] Speaker B: Hello and good evening. Welcome back to another episode of we the People. I am your hostess Alina Gonzalez Dachry and I am excited that I am joined by attorney Thomas Erb Jr. Founder of Erb Legal LLC in Ohio. Thomas has been recognized for his efficiency, compassion and ability to protect his clients interests. And he is a superbly talented family law lawyer who is known for his relentless advocacy, courtroom strength and strategic negotiations with a wide ranging legal experience in everything from criminal defense to civil litigation and appellate matters. Kudos to you for the appellate matters. Tom has honed his skills in domestic law and never turned back. And I can tell you as a family law attorney of almost 30 years, that is a honing by knives and spears, focusing on family law, guiding his clients through some of the most difficult times of your lives, of their lives. With clarity and confidence. Tom has been recognized with a Martindale Hubble AV preeminent rating as one of the top superstar attorneys and elite lawyers for divorce and family law and cheering on the Buckeyes on his off chance and as you can see in the, in his background, an avid golfer. Tom, welcome to the show. [00:01:53] Speaker A: Thank you. It's great to be here. That was, that was quite an introduction. [00:01:58] Speaker B: I was playing around in your website and you know, I get excited when I get to speak to attorneys who are in a field that I am in but I like to see the differences between like Ohio and Florida. But also I, I do get excited to see somebody who is so well recognized who has done, done things like look, you were awarded with the client champion in 2021 and that's based on your clients react reviews and how they see you. And that is an amazing feat, especially in family law where the emotional pitfalls and roller coasters that our clients go through can, can easily be turned on to an attorney. So if I can toot your horn, I will toot it loudly. So anyway, welcome Tom. [00:02:57] Speaker A: Thank you. [00:02:59] Speaker B: So Tom, I mean I know there's definitely some differences and there's certain things that are going on in Ohio. I have been seeing a lot more and I've been, you know, advising clients even of younger years as you, you know, some will say of the necessity of looking at or assessing whether they need a prenuptial agreement. I mean, is this something that you do a lot in your firm? [00:03:29] Speaker A: It comes up quite a bit. You know, I Always tell everybody you ought to have a prenuptial agreement. Then there's no dispute as to whether you have separate property or not later on and what's going to happen that property, unfortunately, far too often it's kind of the last thing that people think about. In fact, we just got a call a couple days ago. Somebody was 15 days away from their wedding date and wanted to, to start negotiating a prenuptial agreement. And I was like, yeah, okay, we'll, we'll do this. Here's the pitfalls of trying to do this 15 days before, before a wedding. [00:04:07] Speaker B: Well, and then it. Was this to create or was there already a proposed agreement? [00:04:13] Speaker A: No, this was to create one. So nothing like under the gun. [00:04:19] Speaker B: Well, and then there's always the question of is there undue duress and everything. Because if it's a, you know, if marriage is predicated on whether you would, you know, had this written up, then, yeah, there might be a problem. I could imagine. Which then kind of goes into after marriage. There can be a post nuptial agreement as well, which people don't think about often. But I want to before I jump into post nuptials. Let's talk about some of the prenuptial. For people who don't understand what a prenuptial agreement is and how it pertains to, especially in Ohio, which is where you're based. Give us an overview of. Just say if I were a new client or prospective client looking for an agreement. [00:05:09] Speaker A: Well, so the first thing you have to know about prenuptial agreements is there has to be a full disclosure of all of your assets and debts. If you don't get past that hurdle, then none of the other provisions really, really come into play. And in fact, that's probably one of the most invalidated portions of an agreement. If you want your prenup to survive, you know, in the event that you get divorced. And that's really what a prenup is for. How are we going to divide our, our assets and debts in the event that we get a divorce in the future? And I think a lot of people don't want to think about, you know, I'm going to get divorced or even, even think in that direction. But unfortunately, the realities are as people get older and get married older, you've already acquired, you know, stuff in your life and it's, what are we going to do with that and how we're going to divide it. So the first thing you have to have full disclosure, like completely full disclosure. It also has to be signed by both the parties, it has to be in writing. It's always best if both parties are represented by independent counsel. You know, yes, that raises the cost a little bit, but if somebody's not represented, it might be questioned down the road. So a prenuptial agreement can basically take care of all the financial aspects of your life. However, children issues are, at least in Ohio, never allowed in a prenuptial agreements. Either the custody or the visitation or, you know, child support. You can't cover any of that in a prenuptial agreement. That's all always under the jurisdiction of the court in the event that you are to get divorced. [00:06:47] Speaker B: And the same here, you can't waive child support, you can waive alimony. And, and I think some people think, oh, I'm signing my life away if I get a divorce, I don't have anything. Not necessarily. If you have a good attorney like Tom, you can negotiate the terms of in the event of a divorce and this is what will be provided and things like that. It's not a all or nothing type of situation. [00:07:17] Speaker A: Although Ohio's a court of equity. And so a lot of times I advise my clients, especially if I'm representing the person that may have to pay spousal support, that you don't want to say zero, because especially for a long term marriage, if you say my spouse will never get spousal support under any circumstances, the court could have validated just based on the fact that that's just not equitable. So usually you want to build in, you know, some sort of stepping stones or ramps up or, you know, after so many years, I'm going to give them this amount of money as a gross amount. There's all sorts of ways you can play with it. There's all sorts of ways to negotiate around that. But if you, if you do zero, a court's going to take a really, I'm not saying you can't win on it, but I think the court's going to take a much harder and harsher look at it than they would if there was something reasonable in there. [00:08:10] Speaker B: Oh, and I, I totally concur. I mean, if you have a marriage that is 35, 37 years, of course gonna look at that going, no, you've amassed all these riches and stuff. But also, let's say, and I don't know how, maybe it is how common it is in your neck of the woods, but down here we have like very well established, financially established men who may be marrying younger women. So for that for those younger women, you want to have an attorney that is student and being able to negotiate what will be the circumstances in the event of a divorce. But also, at least here in Florida, I, I negotiate also what happens after death. I mean, yes, the wills is a separate entity, but a separate mechanism or wills and trust. But we want. I. There are times where I put securities within the prenuptial agreement to ensure like say a life estate interest in a home or certain safety nets, if you will. Is this something that you also have found in your practice? [00:09:26] Speaker A: We, we don't do that as, as much here. You know, typically there are some, there are some sort of death provisions in there, but they're not as extensive as what you're talking about. But, but really anything's negotiable and you really have to think about any eventuality that's going to happen, you know, in the marriage of those two people. [00:09:47] Speaker B: So. Well, it's as I was telling you off camera, I'm loving the fact that I have what I call the golden marriages, that these couples are coming there later in years. They're widowed or widowers or divorced and they're getting remarried. And this is why we have been, maybe that's why we have a little bit more of what should happen if, if, if, you know, just to secure one spouse that the other should be deceived. You know, I, I am curious because I have been talking with like 20 some year olds, 30 some year olds that are getting married or actually getting divorced. The importance of a prenuptial how what are your age ranges that you're finding as a norm for your prenuptial agreement? [00:10:41] Speaker A: Clients, I would say most of them are probably in their 30s. And I think that's because once you reach 30, you've started to acquire assets that you're now worried about or you started, you know, a landscaping business or some other sort of business and you want to make sure that your landscaping business is protected in the event that get divorced. I'd say primarily 30s. You know, obviously we do have people in, in their 20s, 40s, you know, 50s. I haven't had any over that at this juncture in my career. But you just never know. [00:11:16] Speaker B: Well, and I think it might be because most of the people that are retiree are from up north and stuff. We, I'm in a very heavy, heavily retired area, let's put it that way, here in southwest Florida. But I do love the fact that you do, you do deal with the 30 year olds because especially with, I shouldn't say kids, but with these young adults, younger adults, they do is they are they're obtaining more assets, investments and things like that that should be secure. And I think it's so important for these young couples to come into a marriage with open eyes as to everything. And it is honesty. We're going to take a quick commercial break. We're going to come right back to Tom and I have some questions about what happens after marriage as years progress. So tune right back. And welcome back. I am joined by Thomas Erb, Jr. Founder of Herb Legal LLC of Ohio, and Tom. I've been enjoying our conversation. Honestly. We should probably be hot mic'd, as they would say, because we're having fun off camera as well, talking about prenuptial agreements, but also postnuptial agreements, which is relatively a new thing in Ohio. So it it's a novel area for you. So tell us, tell our viewers how it is that Ohio now is dealing with postnuptial agreements and maybe some of the challenges or concerns there may be with this new area. [00:13:08] Speaker A: Ohio's only had postnuptial agreements since March of 23, when the governor signed it into law. Prior To March of 23rd, postnuptial agreements were invalid as a matter of law in Ohio. The post nuptial statute requires the same thing for a post nuptial agreements as they do for a prenuptial agreement. However, the statute does address that a post nuptial agreement can provide for an immediate separation of the parties and can provide for the support and care of the children. That's not the exact language, but the one thing that it doesn't address is visitation. So there's been a lot of debate in the Bar association about whether or not you could put visitation schedules in a postnuptial agreement that would be enforceable because the statute's relatively new. I haven't seen any litigation coming out of the appellate courts on any of these issues yet regarding a post nuptial agreements. Obviously, since they were probably first signed around 23, you got to kind of wait for the the first divorce that brings it up. And then it's going to be at least a year in our appellate courts here before you get a decision on it. So we may not get a decision on any of these issues until a couple of years, maybe, maybe 26, maybe 27. So until then, we're largely relying on our experience in sort of knowing how the court's going to look at those sort of issues you can have. There's a vehicle called a legal Separation, where you can handle all of that, which is essentially, we're going to separate and divide our stuff now, and you can address children's issues in there. It was kind of bizarre when they passed it. It was kind of a surprise to everybody. But it's now here to stay. But unfortunately, there hasn't been a lot of success, at least here, in doing postnuptial agreements, because we're together, and now we're talking about dividing our stuff in the event of a divorce. [00:15:04] Speaker B: Find that interesting because, well, first of all, in Florida, we don't have legal separation. However, we do have a statute on the books that you can petition for support unconnected to a dissolution of marriage, which sounds to me like, you know, separation. But I find it interesting because in my experience, at least with my clients, when we deal with the postnuptial agreement, it's basically the parties say that the husband and wife or the spouses, I should say, come back together saying, okay, we've been married 10 years. We now have two children, and I really want us to reevaluate how we separated or how we're going to deal with things in the event of a divorce. And let's just say that the higher earner, say there's one spouse that takes, you know, has given up a career, staying home with the kids, and that the. The main breadwinner is now saying, you know what? I really want to be able to make sure that my spouse is taken care of and that when the children are with them, say, I want to make sure that the house that we bought is for her. She'll get X amount of life insurance policy guaranteed. Things of that nature are built in. That's how I usually have a postnap. And it does seem to coincide with certain mile markers in the marriage, like 5 years, 10 years, 15 years and such. So I find it interesting, I got to ask, because it is a legal separation. So under that statute, do you file for a legal separation? [00:16:46] Speaker A: You can. Yes. [00:16:48] Speaker B: Okay. You got to teach me more. [00:16:49] Speaker A: Please file a complaint for a legal separation. It is. It's very rare. You know, nine times out of 10, in the legal separations that I've done, we file the complaint with the entry, and basically the whole thing's over all in one. Shoot. You know, generally, I don't find legal separation to be practical for. For most people's situations. It just doesn't make any sense to do a legal separation and still be married. Because if you want to go back and eventually get divorced or remarried, you're Going to have to go back to court and potentially fight about the legal separation. You know, maybe that doesn't happen, but maybe it does. And always in the back of my mind is, you know, what's going to happen five years from now when you go and file for divorce? Will one spouse say, oh, that wasn't equitable, and then we're going to go in and challenge it and fight about it. So why not just do it the first time? There have been a couple instances where I was like, oh, I understand why they're doing the legal separation because at the time my client had cancer and wanted to stay on the husband's insurance at work. If they got divorced, she would be taken off the insurance. But if they just did a legal separation, she was able to stay on and get the treatment that she needed. So in that sort of a situation, I could understand why they wanted to do it. But most of the time I struggle when people say, I want a legal separation. Let's divide our stuff but still stay married. [00:18:18] Speaker B: Okay, so that begs the question, and I'm just, and I don't know California law, but you know how you always hear in California that, that you have to be legally separated for, you know, say six month period and X amount of time before they can petition for the divorce. Is that the same in Ohio? [00:18:37] Speaker A: No. So I know, I know North Carolina has something similar. North Carolina, you actually have to live separate and apart. I'm not a North Carolina of attorney, but my, my sister went through a divorce down there. They had to live separate and apart for more than a year and couldn't cohabitate in the same household for more for even one overnight. And then the clock would restart. We don't have anything like that here. I've had clients who've lived together through the entire divorce who have lived together after the divorce. We don't have anything like that. Theoretically, in a legal separation you could do that, but so far it's not happened. [00:19:10] Speaker B: See. Okay, so this is just me thinking in my mind is, okay, you are now allowed to have a post nuptial agreement. And in that post nuptial agreement you can make certain assurances. Let's just say maybe not deal with child support or time sharing, but if there is a, an issue or something or, or you know, after 15 years of marriage or whatever, you want to renegotiate what you originally negotiated or you just want to have something put into place. To me, that makes sense rather than going through a legal separation. Although, I mean, I've had friends whose parents had been technically separated for 30 plus years. They just never divorced, they just lived apart. So I guess there's that. And also just then it begs the question, what happens with the testamentary rights that you have as a spouse? If it's, you know, like at least here, life, state interest in a homestead property, the elective share, things like that. Wow. I now I'm so intrigued on Ohio family law. Thank you. Because you guys are really. It seems like there's a lot of things that are happening. I know you were interviewed yesterday talking about some of the new legislative changes that may be happening. Seems like what Ohio is dealing with is what Florida, Florida had to deal with several years ago, where we now have a presumptive 50, 50 timeshare. We don't use the word custody, but time sharing and which does affect a lot of other issues that not only just where the children are going to reside and bouncing back, but. Okay, I am just now enthralled with this legal separation because we don't have it. Thankfully. You don't have to have a certain amount of period that you Before a divorce. Just out of curiosity, what is the threshold for a divorce in Ohio? [00:21:16] Speaker A: The threshold? [00:21:17] Speaker B: Yeah. Like do you have to have a. Are you a no fault state? A fault state? [00:21:21] Speaker A: No, it's no fault. Incompatibility will do it every time and never worth pleading any of the other ones. You generally only plead one of the other ones. When you're looking to make a case for say, financial misconduct, you know, for instance, adultery, you hardly ever see that actually pled or someone want to actually take that to, you know, a full trial. However, there's been financial misconduct as a result of, you know, adultery. They're spending money on the other person. That money is part of the marital estate and you can go and get that back plus damages, plus attorneys fees. That's a fault divorce if you go that route. But the vast majority of the divorces don't get that that far. [00:22:13] Speaker B: Okay, I'm gobstock that your legislatures actually still had that. Yeah, we're completely no fault, supposedly alimony, you know, I mean, we deal with adultery or I play. I, I will bring that up because again, if you have say an extramarital affair and you're spending tens of thousands or more on the paramore, right? Yes. Technically one half of that, those assets or that money spent is subject to equitable distribution belongs to the other spouse. But I always get the objection whenever I bring up adultery is a no fault state because here we don't have that. It is a factor, but it can be a non factor as well. So, yeah, now I'm definitely wanting you back. So we can, I want to play scenarios now because this is interesting because we don't have that. We, our legislatures wiped out that. And, and you know, as, as at least it used to be, if the legislatures personally had an issue, they would change the law so that it would fit or become a non issue. I don't know if that's been your. [00:23:27] Speaker A: Experience that that's how this whole bill on the parenting issues got started was by a state senator who. This is, this is the story I heard. Okay, but the state senator whose wife took him to court and tried to deny him shared parenting. And that's where this whole genesis started, was with a, a state senator who introduced the first bill. And it was quite a while ago. As I said, it's been defeated three or four times now, but they finally put together a blue ribbon commission type deal to try and resolve some of the, some of the disagreements and the more unpalatable issues with the bill. Either way. This is what I always say, either way. Okay. Even if we start at 50 50, there's still going to be litigation on the back end to try and take away the 50 50. So 5050 is not going to be the, the be all, end all, like everybody seems to think it is here in Ohio. I still think you're going to see litigation saying, well, they don't deserve 5050 because of XYZ. They live an hour away. You know, it's not good for the kids to be getting up and going to school, you know, crack of dawn. Um, so I think there's still, there's still going to be a ton of litigation about it at the end of the day, which makes, you know, both of us happy, but it, it certainly doesn't make the families happy and it's certainly not in the best interest of the children to be doing all of that. [00:24:57] Speaker B: Yeah, and I agree. We. So we have had several years of them trying to put in 50 50, and they were doing it under an alimony reform bill. And then it was nearly two years ago that the alimony reform bill was enacted or signed by the governor. And then also now there is a presumption that 50, 50 timesharing is the, is a right, but it's a rebuttable presumption. And so we still have to argue all the factors, either in favor or not. Now, what's interesting is where I'm at in my primary practice in Lee County, Florida. They have been working under a 5050 or greater than 35%, 40, 60 before the legislation went in. So they were actually on the forefront. But you're right, it's not going to stop the litigation and may cause more issues and the down the road. Tom, thank you so much for joining me on we the People. I am so impressed and I'm looking forward to having you back because now I get to even have more fun and pick on, pick your brain on the differences of Florida and Ohio and learn how to integrate some of the things you're going you're doing into my practice. And to you all, thank you for showing up for another episode of we the People. And I wish to for you all to have a great night. Foreign welcome back. After a great interview with Tom Thomas Erb Jr. We are now going from family law to probably the hottest issue happening politically, immigration. I am joined by East Vadsa, an amazing immigration attorney from my home state Miami, Florida in Miami, Florida. And also I have to say I'm proud that he's a fellow alma mater of University of Florida. For those of you know, I'm a bit of a fanatic. So east is not only an attorney at law for immigration, he is the co founder and partner at extraordinaire Immigration PLLC where he deals with both family and employment based immigration and with his passion for immigration. Being an immigrant himself, living and realizing the American dream both as a young child seeing his parents thrive in Miami, Florida but now him. He brings his skilled professionalism to assist clients in their lawful immigration status from permanent residency to showcasing their career successes and demonstrating why his clients professional expertise is needed, valuable and brings even economic benefits to us here in the United States which is something that is being unfortunately demonized at times by people on, on the right in media and as well as social media. And I just have to say East, I love your personal quote build your American dream because I always say that my parents are the embodiment of the American dream. So welcome to we the People. [00:28:34] Speaker C: Thank you Alina. Thank you for having me. And I feel the same way about my parents too. [00:28:39] Speaker A: Right. [00:28:39] Speaker C: Which is a big part of what led me here. [00:28:42] Speaker B: Well and I love that because I have to say, I mean you were, I believe you said on your website, 11 years old. [00:28:50] Speaker C: I was 8 Alina, when I, when I, when I came over from India. So yeah, I was very small. [00:28:55] Speaker B: Very small. So yeah. And here your parents are coming to a country and did they go directly to Miami? [00:29:02] Speaker C: Yeah, yeah. My father works in the shipping industry. So that's how we found our way here. [00:29:07] Speaker B: Okay, so not only coming to a new country and dealing with the cultural things, but also Miami, which has its own cultural vibrancy thanks to very much, a very strong Hispanic hit, you know, historical aspect of it. [00:29:27] Speaker C: Right, right. [00:29:29] Speaker B: So you have a varied background and I want to touch base on that before we get into more specifics, immigration. Will you please, you know, tell my viewers, your audience actually, about your background, legally and non legally, that brought you to being a founder of an immigration law firm. [00:29:50] Speaker C: Yeah, sure. So I went from elementary through high school here in Miami and then I headed off to the University of Florida. Of course it's a great educational institution, but they'd also won the national championship the year before I joined up. So I started there in 2009 and they just won in 2008. So as like a 17 year old kid, I think that was probably a big part of my decision making to go to Florida. I really enjoyed my four years there and I really gravitated towards writing. Right. So I studied history and criminology and really liked explaining myself and explaining, you know, conceptual reasoning and relating things to one another. So I took one gap year after, after undergrad and then I headed off to Boston College Law school, which was a really great experience. I really gravitated towards criminal law there. I was in the New England Innocence Project looking at individuals that were factually innocent and then seeing what kinds of relief we could provide to them from an appellate standpoint. I got an offer from the Miami Dade State Attorney's office back home. And Boston's great, but it's also really cold. So I decided to move back and, and I worked at the State Attorney's office for about a year and a half and then I was an associate at an immigration firm here in Miami and, and an opportunity arose for me to open up my own practice. So I headed out from there and here I am, you know, just offering employment based and family based immigration services to clients. And really it's not about the services or kind of the slew of immigration services provided. It's really about what the client's goal is. Right. Sometimes individuals have goals to just maintain a touristic distance from the U.S. sometimes people want to all the way to becoming U.S. citizens as fast as possible. Right. So it really depends on what the client's goals are and then kind of working to address those goals with, with, with their needs in mind. [00:32:04] Speaker B: I love this because as a family law attorney for 28 plus years, that still Blows my mind that I've been doing. But immigration does come into play a lot in what I deal with, and not only in the family law realm, but even in probate, when you have assets that are to pass down to heirs. But one of the things that I have noted, especially, I mean, especially now in today's political climate, that much of the problems facing our audience or our clientele is that they come to the US Hoping for a better life. But the legal system feels like a constant battle rather than a path to opportunity. Almost seems like there's like roadblock after roadblock and we're talking the big cements style. [00:32:57] Speaker C: Right, Right. [00:32:59] Speaker B: So what are some of the biggest legal hurdles that immigrants face when trying to start a business or to obtain employment here in the United States that you have found? [00:33:08] Speaker C: Yeah, so I think, you know, I think it's, it's not really a pathway that's smooth sailing to building an American dream. I wouldn't go as far as to say it's constant battles. I would. I do like the word that you use there, Alita. It is, it is a set of hurdles. Right. So immigration is very much a maze. And some of the biggest issues that I find my clients facing are issues of lawful presence and then also of employment authorization. Right. I have clients that are, you know, international executives and constantly have a need to travel as well. And sometimes that need for international travel conflicts with the presence in the employment authorization. Right. So it's really that delicate dance of those three elements, I would say probably presence, employment authorization, and international travel that makes it so difficult to really start or establish a business here in the United States. A lot of the times, Alina, what happens is individuals enter with a certain status. So they'll enter as F student visa holders, or sometimes they'll enter as H or L work visa holders. But then those visas do offer some opportunities for employment authorization. But then those opportunities for employment authorization are very limited. Right. So then they need to seek other avenues to get a wider scope of that employment authorization. [00:34:32] Speaker B: Well, and it's so impressive because there are these opportunities and I, it's. I wish in a way, and this is why I like having, I do love having immigration attorneys on my show because this is a way, or at least we give voice to those to say, okay, let's cut through the fear mongering, let's cut through the politicizing and really non factual statements that are being made so that we can say, yes, there is a pathway, yes, there is some securities. Because I mean, being in Miami you have an international business segment that really was what built Miami from the dawn. And this is such a. And so looking at, especially in today's climate with I would say maybe some fear of students losing their visas and things like that, how should someone, if they, if, let's say you have a worker who has a work authorization, you have a visa and let's say a higher technological type of HB, I think it's HB1 and there's others. What should they do if they fear that they are going to be listed, that they're going to lose their visa or authorization to remain in the United States? [00:35:56] Speaker C: So I think it's really important for international professionals to really understand the basis of their visa. Right. So the H1B, the one that you referenced, it is attached to a specific employer. So they should do everything in their power to maintain employment with that employer. Right. Now certain visa types like the H1B are transferable. So if individuals want to, they can interview with other companies to then. But then before they take that offer, they need to make sure that the H, that the new company is willing to accept that H1B transfer and go through the legal work needed for that transfer. Right. So it's really about moving, moving through with your current immigration goals in mind and Alina, kind of distinguishing your short term and medium term immigration needs with your long term immigration needs as well. Right. So what's kind of your green card permanent resident goal if you have one and then what, what are you going to do in the short and medium term to ensure your continuous lawful presence here in the United States to till you eventually achieve that goal? [00:37:02] Speaker B: And that is so key for people to hear and to realize. And one of the things I always, I always advise people is if there is any doubt, if there is any question, especially if you hear rumors or you're watching on Tik Tok or you know, the myriad of, of talking heads that are out there. Contact an attorney such as yourself to go through, cut through the bs, get to, to what is real and what is best on how to safeguard yourself, especially in today's climate. Because I know for myself, like I was telling you off air, I had a client that she was so fearful that she is a permanent legal resident since 1984. [00:37:48] Speaker C: Right. [00:37:49] Speaker B: I'm assuming longer than you've been alive few years. [00:37:52] Speaker C: Yes. [00:37:53] Speaker B: You know, and she was, she, she has, she was in my office legitimately afraid that she was going to, she was subject to losing her green card and being deported, not because she did anything wrong. It's just because of the threat that issue were to divorce the US citizen husband that she'd been married to forever, who was the one who applied for that. We're going to get into some more deeper issues on immigration. We're going to take a quick commercial break and then we will be back with with my resident expert and we will see you here right after this. Welcome back. After a great interview with Tom Thomas Erb Jr. We are now going from family law to probably the hottest issue happening politically, immigration. I am joined by East Vadsa, an amazing immigration attorney from my home state Miami floor and Miami, Florida. And also I have to say I'm proud that he's a fellow alma mater of University of Florida. For those of you know, I'm a bit of a fanatic. East is not only an attorney at law for immigration, he is the co founder and partner at Extraordinary Immigration PLLC where he deals with both family and employment based immigration and with his passion for immigration, being an immigrant himself, living and realizing the American dream both as a young child seeing his parents thrive in Miami, Florida, but now him, he, he brings his skilled professionalism to assist clients in their lawful immigration status from permanent residency to showcasing their career successes and demonstrating why his clients professional expertise is needed, valuable and brings even economic benefits to us here in the United States, which is something that is being unfortunately demonized at times by people on, on the right in media and as well as social media. And I just have to say East, I love your personal quote, build your American dream because I always say that my parents are the embodiment of the American dream. So welcome to we the People. [00:40:37] Speaker C: Thank you, Alina, thank you for having me. And I feel the same way about my parents too. [00:40:41] Speaker A: Right. [00:40:42] Speaker C: Which is a big part of what led me here. [00:40:45] Speaker B: Well, and I love that because I have to say, I mean you were, I believe you said on your website, 11 years old. [00:40:52] Speaker C: I was 8, Alina, when I, when I, when I came over from India. So yeah, I was very small. [00:40:57] Speaker B: Very small. So yeah. And here your parents are coming to a country and did they go directly to Miami? [00:41:04] Speaker C: Yeah, yeah. My father works in the shipping industry so that's how we found our way here. [00:41:09] Speaker B: Okay. So not only coming to a new country and dealing with the cultural things, but also Miami which has its own cultural vibrancy thanks to very much a very strong Hispanic hit, you know, historical aspect of it. [00:41:29] Speaker C: Right, right. [00:41:31] Speaker B: So you have a varied background and I want to touch base on that before we get into more specifics. Immigration Will you please, you know, tell my viewers, your audience actually about your background, legally and non legally, that brought you to being a founder of an immigration law firm. [00:41:53] Speaker C: Yeah, sure. So I went from elementary through high school here in Miami and then I headed off to the University of Florida. You know, of course it's a great educational institution, but they'd also won the national championship the year before I joined up. So I started there in 2009 and they just won in 2008. So as like a 17 year old kid, I think that was probably a big part of my decision making to go to Florida. I really enjoyed my four year years there and I really gravitated towards writing. Right. So I studied history and criminology and really liked explaining myself and explaining, you know, conceptual reasoning and relating things to one another. So I took one gap year after, after undergrad and then I headed off to Boston College law school, which was a really great experience. I really gravitated towards criminal law. There I was in the New England Innocence Project looking at individuals that were factually innocent and then seeing what kinds of relief we could provide to them from an appellate standpoint. I got an offer from the Miami Dade State Attorney's office back home. And Boston's great, but it's also really cold. So I decided to move back and, and I worked at the state Attorney's office for about a year and a half and then I was an associate at an immigration firm here in Miami and an opportunity arose for me to open up my own practice. So I headed out from there and here I am just offering employment based and family based immigration services to clients. And really it's not about the services or kind of the slew of immigration services provided. It's really about what the client's goal is. Sometimes individuals have goals to just maintain a touristic distance from the U.S. sometimes people want all the way to becoming U.S. citizens as fast as possible. It really depends on what the client's goals are and then kind of working to address those goals with their needs in mind. [00:44:06] Speaker B: I love this because as a family law attorney for 28 plus years, that still blows my mind that I've been doing. But immigration does come into play a lot in what I deal with, and not only in the family law realm, but even in probate when you have assets that are to pass down to heirs. But one of the things that I have noted, especially, I mean especially now in today's political climate, that much of the problems facing our audience or our clientele is that they come to the Us hoping for a better life. But the legal system feels like a constant battle rather than a path to opportunity. Almost seems like there's like roadblock after roadblock and we're talking the big cements style. [00:45:00] Speaker C: Right, Right. [00:45:01] Speaker B: So what are some of the biggest legal hurdles that immigrants face when trying to start a business or to obtain employment here in the United States that you have found? [00:45:11] Speaker C: Yeah, so I think, you know, I think it's, it's not really a pathway that's smooth sailing to building an American dream. I wouldn't go as far as to say it's constant battles. I would. I do like the word that you use there, Alita. It is, it is a set of hurdles. Right. So immigration is very much a maze and some of the biggest issues that I find my clients facing are issues of lawful presence and then also of employment authorization. Right. I have clients that are, you know, international executives and constantly have a need to travel as well. And sometimes that need for international travel conflicts with the presence in the employment authorization. Right. So it's really that delicate dance of those three elements, I would say presence, employment authorization, and international travel that makes it so difficult to really start or establish a business here in the United States. A lot of the times, Alina, what happens is individuals enter with a certain status. So they'll enter as F student visa holders or sometimes they'll enter as H or L work visa holders. But then those visas do offer some opportunities for employment authorization. But then those opportunities for employment authorization are very limited. Right. So then they need to seek other avenues to get a wider scope of that employment authorization. [00:46:34] Speaker B: Well, and it's so impressive because there are these opportunities and I, it's, I wish in a way, and this is why I like having, I do love having immigration attorneys on my show because this is a way, or at least we give voice to those to say, okay, let's cut through the fear mongering, let's cut through the politicizing and really non factual statements that are being made so that we can say, yes, there is a pathway, yes, there is some securities because I mean being in Miami, you have an international business segment that really was what built Miami from the on. And this is such a thing. So looking at, especially in today's climate with I would say maybe some fear of students losing their visas and things like that, how should someone, if they, if, let's say you have a worker who has a work authorization, you have a visa, and let's say a higher technological type of HP, I think it's HB1 and there's others. What should they do if they fear that they are going to be listed, that they're going to lose their visa or authorization to remain in the United States? [00:47:59] Speaker C: So I think it's really important for international professionals to really understand the basis of their visa. Right. So the H1B, the one that you reference, it is attached to a specific employee employer. So they should do everything in their power to maintain employment with that employer. Right. Now, certain visa types like the H1B are transferable. So if individuals want to, they can interview with other companies to then, but then before they take that offer, they need to make sure that the h, that the, the new company is willing to accept that H1B transfer and go through the legal work needed for that transfer. Right. So it's really about moving through with your current immigration goals in mind and Alina, kind of distinguishing, right. Your short term and medium term immigration needs with your long term immigration needs as well. Right. So what's kind of your green card permanent resident goal if you have one and then what, what are you going to do in the short and medium term to ensure your continuous lawful presence here in the United States to till you eventually achieve that goal? [00:49:05] Speaker B: And that is so key for people to hear and to realize. And one of the things I always, I always advise people is if there is any doubt, if there is any question, especially if you hear rumors or you're watching on Tick Tock or you know, the myriad of, of talking heads that are out there, contact an attorney such as yourself to go through, cut through the bs, get to, to what is real and what is best on how to safeguard yourself, especially in today's climate. Because I know for myself, like I was telling you off air, I had a client that she was so fearful that she is a permanent legal resident since 1984. [00:49:50] Speaker C: Right. [00:49:51] Speaker B: I'm assuming longer than you've been alive. [00:49:54] Speaker C: Few years. Yes. [00:49:56] Speaker B: You know, and she was, she, she has, she was in my office legitimately afraid that she was going to, she was subject to losing her green card and being deported not because she did anything wrong, it's just because of the threat that issue were to divorce the US Citizen husband that she'd been married to forever, who was the one who applied for that. We're going to get into some more deeper issues on immigration. We're going to take a quick, quick commercial break and then we will be back with my resident expert and we will see you here right after this. And welcome back. And as you may recall, I am joined by an immigration expert lawyer from Miami, Florida, and somebody from my alma mater, east vsa. And as we mentioned in our first segment, your area of law is very much a hot button issue. [00:50:56] Speaker C: Yeah. [00:50:57] Speaker B: And we're seeing, and first of all, audience, we're, we're discussing how can we the people, temper down the rhetoric, temper down the vitriol that's being spewed by all sides. And it's on, it's on both sides. And what we try to do here at we the people is, yes, discuss the issues that are relevant, especially to my contributors or my, my guests who are on, but also how it relates back to the families and how it belongs, how it goes back to us. Because if you look at your neighbor, you and your neighbor have a lot in common. And there needs to be some common sense in how we deal with it. Now, when it comes to immigration, though, unfortun, immigration law, not executive orders, and that's another issue all on its own, is basically a prehistoric document at this point. It was last amended or renewed back in the 90s and we're looking over 30 years ago. So east, you know, looking at the immigration and the politics, and I'm going to focus right now on what's happening with the college students, not talking about the college students who may have caused some serious crimes, you know, but we're having, we're seeing now that college students are receiving notices from their, from their universities that their visas are going to be revoked. I mean, what, what's happening here? It seems like we were, we were welcoming these students, especially fields just last year in the presidential campaign. [00:52:42] Speaker C: Yeah, absolutely. I mean, you know, part of what President Trump said, at least during the campaign, is he actually wanted to seek a pathway for lawful permanent residency for some of these students, especially those in STEM fields. But what's really played out in policy is there's an underlying system under which F visa students or student visa students are registered, and it's called the CVIS system. And a lot of these Sevis numbers are just getting pulled out from under these students and they're getting notices that they have to leave or that their, their, their visas are being canceled. So a lot of them are now trying to fight for reinstatement. A lot of them are filing lawsuits under the Administrative Procedures Act. So this is a very turbulent time to be an international student. And as you can imagine, Alina, a lot of them have completed, you know, one, two, three years of study already here in the U.S. so they at least want to finish out their degrees before they leave the United States and head back to their home country, if that is ultimately what ends up happening. So, I mean, it's a bit of an overreach for the current administration to cancel F visas over small infractions. I mean, sometimes speeding tickets, traffic citations are what's leading to these Sevis removals. And I just think that's a bridge too far, unfortunately. [00:54:01] Speaker B: Well, with everything. And I think politics, we have been seeing this extremism and the way the political is a pendulum, and unfortunately, we are going from one extreme to another, and that is not how we as a nation, we as the communities within the United States can continue to exist. Because it's like, it's so polarizing, and especially when we're looking at our own, American students are not going into the STEM field, and we have this great pool of talent that we want to retain, that our technological or even corporations want to retain, is just seems to be cutting our nose despite our face, in a way. And just for political grandstanding, it's a shame, and it's unfortunate that that's been happening. [00:54:59] Speaker C: Right. [00:54:59] Speaker A: Yeah. [00:55:00] Speaker B: So I'm just, you know, based on your experience, based on, you know, even your. Your background and where you have, you know, grown up essentially, in a very strong immigrant, you know, community, which is Miami, is a great melting pot. [00:55:20] Speaker C: It is, yeah. [00:55:21] Speaker B: How would you look at a family that is fearful and say, okay, look. Or if, say, a legislator or a representative comes to you and goes, okay, based on your background, what would be some of the things that you would suggest on tempering the fever and bringing back some common sense? [00:55:41] Speaker C: I think it's important to protect US labor markets, but it's also important to keep families together. It's also important to keep communities together. Right. So a lot of what we saw was, you know, these temporary protected status or TPS statuses, the CHNV parole, which was Cuba, Haiti, Nicaragua, Venezuela, these four parole programs that kept families together. And we saw the Trump administration kind of come in in these first hundred days. They've already eliminated a lot of these parole programs, which I think is a step in the wrong direction. Right. Because ultimately, by removing parole programs, by removing tps, you're turning immigrants that were here lawfully and doing everything by the book, entered legally. You're turning them into, you know, unlawful migrants now, and then ultimately, you know, putting their lawful presence into doubt with about 30 days of notice. Right. A lot of these terminations. Right. Have also gone into the federal courts and. And they've been, you know, reversed or injuncted Right. So there's a lot of, you know, there's a lot of turbulence there with these parole programs. And I think as far as like, keeping our, our American workers kind of insulated from the volatility of global markets, I think it really comes down to, you know, the strength in the visa review processes that are already present. Right. I mean, the H1B regulations, the L1 regulations are really strict. And I mean, even if the Trump administration wants to uphold this maximal vetting standard that they have, that's fine. Right. And really kind of, you know, review these visas well, but there's really no reason to reinvent the book. The regulations themselves, as currently promulgated, already allow for proper vetting for the U.S. labor Market Protection and. [00:57:42] Speaker B: Okay, so I have to ask, you've heard Trump talk about the golden visa where individual individuals or families can pay. I don't remember, was it $5 million? [00:57:56] Speaker C: It is, yeah. [00:57:56] Speaker B: A million, Right. Okay. That's nothing. It's maybe to me, I mean, I can see some of the benefit because you're trying to attract people with maybe major assets to come to the United States, build things. But it also makes it seem like, okay, we're now whoever's the highest bidder, we're selling our visa system to those that may not necessarily be as deserving as somebody who, like a student or somebody who's under HB1 and getting here and actually providing or benefiting the United States. So what are your thoughts on this golden visa? [00:58:37] Speaker C: I think it's overkill because there's already a visa type alita that addresses this exact positive benefit that we want, which is the EB5 investor visa. For the EB5 investor visa, you have to show a legitimate source of things, funds, you have to show a legitimate path of funds. You have to invest in a regional center, infrastructural or development project is how most individuals choose to do them. Right. To, to kind of show how your investment actually generated, you know, full time US Employment. And also if you want to do a direct EB5, right. Kind of scale up the operations of your own business, then you have to show 10 full time W2 workers being employed with your, with your, with your own organization and the scaling up of that investment. Right. So that investment based job creation that the gold visa, you know, aims to go for, that already exists under the EB5. And it's not that the investment amount is low. It requires at least $800,000 for targeted employment areas or teas. [00:59:39] Speaker B: Right. [00:59:40] Speaker C: As set by Federal guidelines or for rural projects. Right. In rural areas. So it really does provide jobs and it creates opportunity through investment that already exists. I think individuals that can pay all the way up to 5 million may not even really want any residency in the United States because becoming a tax resident of the United States then places your entire global wealth under the US Taxation system. And individuals that are that wealthy are likely averse to that level of taxation in the first place. So it kind of, I don't think it really accomplishes what it, what it sets out to. [01:00:20] Speaker B: Well, and it's redundant now that I learned, you know, and so it is a redundancy and it is something like you stated, it's like we already have regulations and. [01:00:34] Speaker C: Right. [01:00:35] Speaker B: Personally, there is such an abuse of the executive order. And it's not just this administration. We saw it in the last administration, we've been seeing it in the administrations because for whatever reason, our government, our governance, the leaders, if you will, in, in the Capitol have lost a fundamental, I would say they lost a fundamental role in what they are supposed to do. Because when we elect leaders to go to the, to D.C. to Washington D.C. whether in Congress, in the White House, they are there to represent the people. They are there to make sure that whatever bills and, and budgets and such are supposed to be advancing the best interests of the United States as a whole. Yes, you represent certain areas, but in a hole. And it seems, at least in my opinion, since about 2005, we have lost that and now it's just a pissing contest. And excuse me, I hope you don't get offended. I tend to be rather vocal on my soapbox, so. And then it just, it drives me a little nutty to know that there are already regulations, there are already standards in place that have been working, they've been working for decades. And then you had this, this, this, this chaotic, this chaotic political noise that's created other standards. And so I, I tell you what, I am glad that I have you now on my, I'm going to have you on my speed dial. So if any clients come in with some questions, I want to thank you so much for coming on onto our show and I want the viewers to know how best it is to get a hold of you if they need any type of immigration assistance. I know that you, you handle Miami, Fort Lauderdale and West Palm area. So please provide your information for our viewers. [01:02:44] Speaker C: Yeah, sure, Alina. And I mean I actually have tons of clients in, in Texas and across the the US as well. The best way to reach me is info info. [01:02:59] Speaker B: Immigration.com okay, well, that is a wrap for us this evening. I hope you all enjoyed both of my guests who are amazing experts in. In their individual fields. And we will be back next week and I believe I may be joined by east again. So I wish everyone a wonderful weekend and a happy Easter and happy Passover and East. Have a great weekend and I'll see you next week. [01:03:29] Speaker C: Thank you. [01:03:31] Speaker B: Good night. [01:03:33] Speaker A: This has been a NOW Media Network's feature presentation. [01:03:37] Speaker C: All rights reserved.