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Jose A. Dapena, the Homestead immigration attorney at Jose A. Dapena, P.A., at the window of his office

Immigration · Homestead

Homestead immigration lawyer

The Krome immigration court is closer to this office than to any other in the county

Jose A. Dapena handles immigration from the Homestead office on NE 15th Street. Removal defense and bond, asylum, U and T visas, VAWA, waivers, family petitions, adjustment of status, citizenship, DACA and TPS. The consultation is with the attorney who would appear.

    Homestead office
    100 NE 15th Street, Suite 210
    Homestead, FL 33030
    Phone
    (786) 900-0184
    Hours
    Monday to Friday
    08:30–17:00
    Who handles it
    Jose A. Dapena
    Florida Bar 152358

South Dade is closer to the detention system than anywhere else in Florida. The Miami Krome Immigration Court sits inside the Krome North Service Processing Center on SW 12th Street, and it controls cases for people held there and at the other facilities on its list, including Broward Transitional Center and Glades. For a family in Homestead or Florida City, that is the court the case is almost certainly in if somebody is detained.

Non-detained cases go to the Miami Immigration Court downtown instead. Which one a case is in is decided by whether the person is detained and by which DHS office issued the charging document — never by where they live. The law behind all of it is on the Florida immigration page.

01 Handled from this office

Immigration matters handled from Homestead

Each one has its own page, with the Florida statutes and what actually decides the case.

02 Where a South Dade immigration case is heard

Miami Krome Immigration Court

Krome North Service Processing Center, 18201 SW 12th Street, Miami, FL 33194

Immigration court is federal and entirely separate from the state courts where a divorce or an injury case is heard. It is also separate from the South Dade Justice Center, which handles the state matters from this part of the county and has nothing to do with an immigration case.

A detained case moves on a far faster schedule than a non-detained one. That is the single biggest practical difference between them, and it is why the first twenty-four hours after a detention are worth more than the next three weeks. Bond, where bond is even available, is decided early.

Read the Notice to Appear rather than assuming. The charging document names the court. A family that guesses from an address can send somebody to the wrong building on a hearing date, and a missed hearing is its own problem. The court’s automated case information system will confirm the next hearing date from an A-number.

Being in Homestead matters for one specific reason: a detained case can require appearances at short notice, and a transfer between facilities can change the court without much warning.

03 How it starts

  1. The consultationAt the Homestead office in Homestead, the main road through town, a short drive from US-1 and the Turnpike. By phone where somebody is detained and time matters. It is with Jose A. Dapena.
  2. What to bringAny charging document, any notice from the immigration court or USCIS, every receipt notice, any prior filing including ones that were denied, and everything from any criminal case in any state, open or closed. Bring it incomplete rather than not at all.
  3. The datesWhen you last entered and how, how long you have been here without a break, and when anything was filed before. More immigration outcomes turn on dates than on anything else, and a date nobody wrote down gets reconstructed badly later.
  4. What it costsImmigration matters are billed hourly, which is the opposite of how the injury side of this office works. Government filing fees are separate and paid to the agency that sets them. Payment plans are available, and the rate is stated before anything is signed.

What people ask in Homestead

My relative was detained last night. What happens now?

Find the A-number — nine digits beginning with A, on almost any immigration paperwork — and the ICE detainee locator will find them. From South Dade they are frequently at Krome, and the court for detained cases there is the Miami Krome Immigration Court. Whether bond is even available is the first question, and it turns on the charge and the record rather than on sympathy.

Which immigration court do I go to?

The one named on your Notice to Appear. Detained cases out of Krome go to the Krome court; non-detained cases generally go to the Miami Immigration Court downtown. The assignment follows custody and which DHS office issued the document, not your address.

Does working in agriculture change anything?

Not the immigration rules themselves, but it changes what evidence exists. Pay records, crew leader records and tax filings are frequently the proof of continuous presence and of work history that a case needs, and they are easier to gather before they are needed than after.

Can I be deported while my green card case is pending?

A pending case at USCIS does not stop a removal case in immigration court. They are separate tracks and the court does not pause because something is filed elsewhere. What can be done is to ask the court to account for it, which depends on what is pending and how far along it is.

My TPS ended. Am I out of options?

Usually not, though the answer is individual. The useful question becomes what else you qualify for — a family petition, asylum if the year is still open, withholding if it is not, a U visa, VAWA. The worst outcome is finding out after a charging document arrives.

Does an old arrest matter?

Often decisively, and not the way state court treated it. A withhold of adjudication is frequently a conviction for immigration purposes, and a sentence of exactly one year can close off most relief. This office handles criminal defense as well, which is why both sides can be read together rather than one after the other.

Consultations and attorney’s fees are billed hourly. Government filing fees and other third-party expenses are separate. Payment plans are available.

Talk to Jose A. Dapena about a South Dade immigration case

The Homestead office is on NE 15th Street. If somebody is detained, call rather than wait for an appointment.

Consultations and attorney’s fees are billed hourly. Government filing fees and other third-party expenses are separate. Payment plans are available.