Kristy Figueroa-Contreras
Ms. Figueroa-Contreras is a partner at Negri & Torres, an
international trade, business and immigration law firm with
offices in Miami, Buenos Aires, Mexico City and Madrid. The
firm also has affiliates across Latin America. Locally in
Miami, Ms. Figueroa-Contreras handles all types of matters
related to U.S. immigration, naturalization and visa and
consular law, with a special focus on the Latin American
community. Her clients include large multinational
corporations, professionals, entrepreneurs, artists,
entertainers and athletes. Her firm also handles
international service of process, document procurement,
certified translations, apostilles and legalizations.
Ms. Figueroa-Contreras also has experience in other areas of
the law, including federal and state criminal and civil
trial experience as well as representation of immigrant
juveniles in Florida dependency courts. This attorney is
particularly skilled in matters involving the intersection
of criminal law and U.S. immigration law, having
successfully defended many non-citizens with criminal
convictions, including having vacated or set aside several
felony convictions and re-opened removal cases based on
same. She is a member of the Florida Bar and is also
admitted to practice in federal court (U.S. District Court
for the Southern District of Florida. She is also a member
of the American Immigration Lawyers Association (AILA) and
the American Translator’s Association (ATA).
Ms. Figueroa-Contreras can answer questions about any
related issues and offers phone consultations of 15, 30 or
60 minutes.
Languages
Immigration attorney Kristy Figueroa-Contreras, who is
Cuban-American, is a native speaker of both Spanish
and English and is also fluent in French and
Portuguese. Ms. Figueroa-Contreras has lived and
worked as an attorney in Latin America. She also has over a
decade of experience as a freelance legal translator and
works in any combination of these four languages
Law Degrees and Education
Ms. Figueroa-Contreras obtained her Juris Doctor
(law) degree in 2002 from Emory University School of Law in
Atlanta, Georgia. During law school, Ms. Figueroa-Contreras
spent a year abroad in Buenos Aires, Argentina, where she
studied Comparative Law and Latin American Constitutional
Law at the Universidad de Buenos Aires and Universidad del
Salvador. While in Argentina, she clerked for a trial judge
on the Argentine Federal Criminal Court. She also interned
at an Argentine law firm and at the Buenos Aires office of a
major U.S. law firm
This experienced immigration lawyer also holds two Bachelor
of Arts degrees, With Honors, in English and French
respectively, from Florida International University in
Miami, Florida.
Immigration Work Experience:
Family-based immigration Ms. Figueroa-Contreras has
extensive experience and expertise in family-based immigrant
petitions, including immigrant visas, adjustment of status,
K-1, K-2 and K-3 visas, the Cuban Family Reunification
Parole Program and Special Immigrant (I-360) petitions for
beneficiaries under the Violence Against Women Act (VAWA).
Employment-based visas and permanent residence. Ms.
Figueroa-Contreras also represents multinational employers
seeking employment-based visas and permanent resident status
for their employees. She studies these employers’ diverse
business structures and assists them in creating and
implementing effective immigration strategies. Ms.
Figueroa-Contreras has assisted clients and their dependents
in obtaining non-immigrant work-related and investor visas
in the E, H, TN, L, O and P categories, as well as business
(B-1) visitor visas. Ms. Figueroa-Contreras has also
obtained permanent resident (“green card”) status for
individuals in the EB-1 extraordinary ability, EB-2 National
Waiver/Schedule A Pre-Certification and EB-5 Investor Visa
categories, including the Immigrant Investor Pilot Program.
Removal (Deportation) Defense/Asylum. She
continuously represents clients in bond, detention, removal
and asylum proceedings in the South Florida area. She has
succeeded at obtaining terminations and administrative
closures of removal proceedings, Cancellations of Removal
for both Lawful Permanent Residents and Non-Permanent
Residents, Withholdings of Removal, Convention Against
Torture (CAT) relief, Waivers of Inadmissibility and Asylum
Relief.
Motion Practice. This immigration attorney frequently
prepares and files Motions to Reopen and/or Reconsider
before the Immigration Courts, Board of Immigration Appeals
and U.S. Citizenship and Immigration Services, as well as
Bond Motions requesting the release of detained aliens on a
reasonable bond and Motions to Vacate or Set Aside Criminal
Convictions.
Waivers. Non-citizens who have been previously
removed or deported, convicted of a crime, committed
immigration fraud, entered the U.S. illegally, or overstayed
in excess of 180 days may need a waiver to re-enter or
remain in the U.S. or qualify for immigration benefits. This
immigration attorney has successfully handled immigrant
waivers (I-601), non-immigrant waivers (INA §212(d)(3), and
waivers under INA §212(c) and INA §212(h).
Ask the Immigration Lawyer Kristy Figueroa-Contreras:
The attorney Kristy Figueroa-Contreras, can answer your
immigration questions by e-mail or by telephone, individuals
may be located anywhere in the world abroad or in the US to
receive a consultation with her. The lawyer Kristy
Figueroa-Contreras is admitted to practice law in the State
of Florida. However, because immigration law is a federal
matter, this lawyer is able to represent individuals and
organizations without regard to their location. Further, she
is authorized to represent individuals and help them with
their cases with the USCIS, the Department of Labor and
other government agencies.
This Lawyer can assist clients and answer questions online
or one the phone
about various immigration cases including nonimmigrant
visas, consular processing, permanent residence, labor
certifications, naturalization, removal and asylum.
Sample Questions and Answers from Lawyer
Figueroa-Contreras, Esq.:
Question: Dear Immigration Lawyer, Our company,
based in Italy, recently opened a new subsidiary in the
United States. We wish to employ a manager at this U.S.
subsidiary on an L-1A visa. It is our understanding that the
employer must show that both the foreign company and the
U.S. company must show that they are “active” in order to be
able to petition for an L-1 visa. Our company been active
and thriving in Italy for over nine years. However, because
our U.S. subsidiary is less than two months’ old, we have no
prior business activity to show for it. Will we still be
able to petition for the L-1?
Answer: Yes, as long as
you meet certain requirements. There is indeed a requirement
that both the foreign and US companies are (or will be)
actively doing business, and such business activity must be
above and beyond the mere incorporation of a business,
registration an office or presence of an agent. However,
USCIS has special regulatory provisions dealing with new
offices, defined as organizations which have been “doing
business in the United States through a parent, branch,
affiliate or subsidiary for less than one year.” 8 C.F.R.
§214.2(l)(1)(ii)(F). In order to qualify for an L-1 in the
“new office” case of your subsidiary, you must show that
your company in Italy is active and also present evidence
that (1) you have obtained sufficient physical premises to
house your U.S. subsidiary (e.g., by submitted a copy of
your lease agreement for the premises); (2) your intended
manager has been employed continuously at your Italian
parent company as a manager for at least one (1) year at any
time within the past three (3) years; and (3) within one (1)
year, your U.S. subsidiary will have the financial viability
to support your intended manager’s position. You must meet
this last requirement by submitting information regarding: (i)
the organizational structures of both the Italian parent and
the U.S. subsidiary; (ii) the U.S. office’s scope of
operation and financial goals; (iii) the size of your U.S.
investment and the ability of your Italian office both to
compensate your intended manager and to begin doing business
in the U.S.
In addition, L-1 petitions involving “new offices” may only
be approved for one (1) year (as opposed to the usual three
(3)). In order for the period to be extended thereafter, you
must present evidence that the subsidiary is still active
and no longer in the “start-up” phase (showing, for example,
tax documentation reflecting the payment of salaries and
hiring of additional employees under the manager’s
supervision, a significant increase in cash flow and a solid
clientele base). In other words, must make sure you have
“beefed up” the subsidiary’s operations well in advance of
the L-1 extension filing deadline.
Question: Dear Immigration Attorney, I am currently present in the United
States on an F-1 student visa, along with my wife, who is
here on an F-2. My prospective U.S. employer has filed for a
H-1B visa on my behalf, along with a Form I-539 Application
for Change of Status. Unfortunately, H-1B cap for this year
has already been reached. My F-1 optional practical training
program will be completed at the end of this month and the
authorized stay on my F-1 visa will only be valid for 60
days thereafter. Will my wife and I have to depart the
United States prior to the termination of the 60 days and
wait for the H-1B approval abroad?
Answer: No. Because you
timely filed your I-539 application to change your status to
H-1B and this year’s cap for H-1B visas, the authorized stay
period on your F-1 and your employment authorization (for
optional practical training) will be automatically extended
until the 1st of October of next year, which is the H-1B
start-up date. This extension also applies to your wife’s
F-2.
» Kristy
Figueroa-Contreras can answer your
questions about U.S. immigration and other related issues:
Email Consultation $79
Citizenship Questions
