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General Article

New Waiver Rule to Help Immigrants Who Are Close Relatives of U.S. Citizens

New Waiver Rule to Help Immigrants Who Are Close Relatives of U.S. Citizens

Those who are being forced to leave the United States because of being here illegally will now have the chance to return to the country sooner if they are immediate relatives of U.S. citizens and they meet certain requirements. This is because of a new waiver processing rule that goes into effect on March 4, 2013, which is meant to reduce the amount of time U.S. citizens have to spend away from immediate family members who are undergoing these types of situations.

The new rule, announced on Jan. 2 by the U.S. Citizenship and Immigration Services, is meant to be used by individuals who are in the process of obtaining visas for permanent residency in the United States-particularly after they have been found to have been residing in the country unlawfully. Under the new rule, qualified individuals can apply for a provisional unlawful presence waiver before departing the U.S.

Due to the current Immigration and Nationality Act (NIA), individuals who entered the country without the proper visas are generally not allowed to obtain their immigration visas in the U.S. Instead, they must first leave the country and obtain their visas at U.S. consulates in their own countries. After these departures, immigrants often face challenges in returning to the U.S.-if they were in the country illegally for more than six months, they could be barred from returning to the country for a period of three to ten years. Filing an unlawful presence waiver, however, can help these immigrants side-step the lengthy bar and obtain a visa so they can return.

This is where the new waiver rule can make a major difference. Under the existing policy, foreign nationals being forced to leave the U.S. are not allowed to file their waiver applications until after they have departed from the country, have had their immigrant visa interviews with the U.S. consulate located abroad and have been found inadmissible by that consulate. Under the new law, individuals in this situation who have immediate family members who are U.S. citizens can file for a provisional unlawful presence waiver. While departure from the country will still be necessary in order for a permanent resident visa to be acquired, applying for the waiver before departure can help speed the process, allowing families to spend less time apart. Individuals who can qualify for this type of waiver are the spouses, parents and children (under age 21) of U.S. citizens.

It is important to note that the new waiver process is only available to immigrants whose inadmissibility is based on unlawful presence in the U.S. While the new process will become effective in March, the current process will still be available to immigrants who do not qualify as immediate family members of U.S. citizens. Just as with the current waiver, those applying for the new waiver will need to show that the denial of such a waiver would cause extreme hardship to the U.S. citizen.…

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Attorney

Why Your New York State Breath Test May Be Falsely High?

Living in the land of “Ignorance is Bliss” and “What you don’t know won’t hurt ya” can cause lots of problems for the guy on the street, and moreso for criminal defense lawyers. Understanding the science behind DUI machines can open your eyes to the truth. It’s crucial for the police to check your mouth and to watch you for 20 minutes before giving you a breath test. Contaminated samples (with mouth alcohol) can give falsely high results.
In upstate New York drunk driving tests the police take only one breath sample. The city and town police use the Datamaster breath machine, and the breath is checked only one time for alcohol. State police use the Draeger Alco Test which checks the same sample twice.
Scientists in labs normally do “duplicate” testing. They test two separate samples. Many states do duplicate sampling. I am a fan of the CSI TV show, on the show it is the forensic norm to test two separate, and distinct samples for all criminal evidence. This lab procedure assures greater accuracy of the results because we have confirmation.
Upstate NY Police Procedure: One Sample with One Test = NO Confirmation of Results
Imagine for a moment going to the doctor, and getting a high blood pressure reading on his machine. Should the doctor make a diagnosis based solely upon the one test, and prescribe medication? Doctors have to have three separate office visits with a showing of high blood pressure before making a diagnosis of high blood pressure let alone prescribe drugs for this condition. How about a more serious scenario, you have a blood test for HIV, and you are told it is positive. Imagine if the doctor states that you cannot have another test. Sorry, no second opinions for you, you just have to live with those results. Having to live with the results of one single test means coming to a conclusion with NO confirmation. This is in my opinion bad science, bad medicine, and bad testing.
Well having a breath machine spit out a number without confirmation of the result is scary stuff. The machine is an unsworn trial witness.
An inaccurate test result is bad enough but when you only get one opinion (from one test sample), and the police make that one test critical to your guilt or innocence of DWI (based on that one test) then fairness has been eliminated from the process. In a State without an expungement statute that truly is a life sentence.
Take away: To insure a clean and accurate breath sample your defense attorney must check that the police did a mouth check, and followed the mandated 20 minute observation period before your test.…

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General Article

Have Your Wage Garnishment Lifted

Have Your Wage Garnishment Lifted

What makes your entire effort throughout the week’s time well worth it is pay day. And furthermore this is an excellent pay period because you are likely to possess some funds remaining right after paying out your debts. You read the check and it is actually a portion of exactly what it usually is. You discover that the Internal Revenue Service has placed a wage garnishment, also known as a wage levy, against your income. Most detrimental of all is that it cost more than half of your pay check.

The best of life you once had has all of a sudden ended up sculpted far from you. The IRS garnishing your wages looks severe and unjust. You are shocked and have no idea how you are likely to manage your general expenses. You are absolutely experiencing the discomfort of just about the most killer collection methods in the IRS tax levy strategy- wage garnishment. Your fixed income can be garnished just as easily even if you are living on disability or social security.

Where the IRS is involved, it is open season on every fund you’ve got arriving. There is no escaping when the IRS has you in its sight. Any kind of IRS tax levy is economically undoubtedly damaging. At this time everything appears extremely dismal. There is however the light source towards the end. You can have an IRS wage garnishment removed, although you will find stipulations, they’re much more advantageous compared to continuous loss on 1/2 of your salary each week. There are a couple of ways you can do to have a wage garnishment lifted:

– Discuss for a pay out with the IRS by employing a tax specialist skilled in IRS tax levy issues and tax debt settlement. When talking terms with the Internal Revenue Service, recovery routines are usually put on hold until finally a solution is available. As soon as your negotiation has been approved or refused you are within the danger area, but so long as you meet the terms of the negotiation agreement you ought to be okay.

– Get on a repayment schedule with the IRS. Through an IRS payment plan you shell out a month to month amount to the IRS. So long as you compensate this sum every month promptly, your IRS wage garnishment is going to be removed. One thing the stipulation suggests is that the IRS establishes what your settlement is going to be. This particular settlement could be a problem for you, but don’t forget how much more of a strain the other option is.

You would like to adjudicate your hardest to avoid grievous tax issues before they start. IRS Collections processes like a wage garnishment are inconceivable to annul if you owe the IRS. Call Instant Tax Solutions to resolve your grave tax problems. Brushing aside your financial obligation will event in expanded penalizations and amercements, that may double up or triple your master debt.…

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Law School

Criminal Lawyer Files: Avoiding Lewd Conduct

Lewd conduct is any illegal action committed by an individual with the goal of stimulating the sex drive or sexual interest of themselves or the person towards which this action is aimed. Lewd conduct criminal offenses typically involve porn, prostitution, or indecent exposure crimes. Lewd behavior, also called lewd and lascivious conduct, is regarded as a criminal offense by the government and all fifty states, although the classification and implications of lewd actions could differ by jurisdiction. The meaning and consequences for lewd conduct crimes rely on the legislation and the particular details of the case.
Severe legal consequences may result from such practice. If the other individual is a grownup, the criminal offense can be either a misdemeanor or a felony, based on the act. Such acts could also be accompanied by other criminal acts.
The individual found guilty of such behavior often must deal with an extreme degree of social disapproval. The specific charges and penalties for this offense depend upon the action that was committed, how often it had been committed, and if the actor has any prior sexual offenses or other police records. Because of the significance of the charge and the severity of potential punishment, it is essential to seek the assistance of a defense attorney educated and experienced in defending sex crime cases.
For an illustration of this lewd conduct charge, think about the following lewd conduct case in which a guy was arrested for masturbating in public. The person allegedly uncovered his genitals before a female postal employee. He took off his shirt and began masturbating outside of a house where the lady was delivering mail. The masturbating guy was also in possession of marijuana and was arrested for possession of marijuana as well as lewd actions. Masturbating in public areas is a lewd act and so, if the state could prove that the person could have reasonably anticipated to be viewed by the non-consenting postal worker and that she was surprised by this act then a conviction can happen. It’s a defense attorney’s task to make sure this doesn’t happen. Lewd conduct is a disorderly person’s crime which carries fees and penalties of as much as 6 months in prison and $1,000 in fines. In some instances it could be a 4th degree crime such as when private parts are exposed to a child or somebody with a mental problem.
It’s almost suicide to try and handle a lewd conduct study or charge by yourself. You must immediately invoke your constitutional right to remain silent if you’re contacted by a detective. Even if another person such as a relative, a child or anyone calls you on the telephone and tries to bring up accusations of child maltreatment, don’t speak with that person. Chances are the conversation is set up by the detectives and it is being recorded. By simply calling an experienced criminal defense lawyer in Los Angeles, you can indeed save your very own life. Don’t be seduced by tricks used by police officers or investigators to get you to admit that you touched a minor unlawfully.…

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General Article

So You Want To Buy A Franchise? The Top Questions You Should Ask Yourself and Any Future Franchisor

So You Want To Buy A Franchise? The Top Questions You Should Ask Yourself and Any Future Franchisor

When considering prospective franchises, it’s important to know the right questions to ask to get all of the details necessary to make an informed decision about your purchase. Researching the background of your franchisor, and determining the support and assistance they will be able to offer you as you get started are just two key elements that you will want to consider before you sign any contracts.

Have you and your lawyer looked over all of the franchise documents, and feel that the terms and conditions are fair and equitable? Do you understand all of the terms and conditions set out in the contract? Do you feel comfortable signing the contract?

Will you have exclusive territory rights for the duration of your contract, or is there a risk that your franchisor will allow other businesses to start up within your chosen area?

What will happen if you want to end your contract? Are there penalties involved, or are there circumstances under which this is acceptable?

Are there any requirements within your contract that would encourage you to engage in illegal or questionable practices? This is a huge red flag that you shouldn’t be involved with the business.

How many years has your franchisor been in business, and how many other franchises do they have within their chain?

What kind of support will you receive as a new franchisor, and then as an established franchise? Is there training, upgrading, and emergency support available? Are there a series of scheduled visits throughout the year?

Have you had an accountant review all of the figures released by the franchisor, and have these numbers been independently verified?

What kind of reputation does the franchise have within the business community? Also, can you speak with other franchisees to see how they feel about working with the company?

How much money will be required to purchase a franchise, and keep it running until it turns a profit?

Has the franchisor investigated franchisees thoroughly enough? You will want to ensure that they are doing their part to hire qualified people on their teams to maintain brand standards before buying a franchise from the company.…

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General Article

The Best Advice You Can Find On Personal Injury Law Is Here

If you have recently been injured and are thinking about a lawsuit, it is important to act immediately. Thankfully, this article will provide you with the resources you need. Learn more about how to accomplish this by reading this article.

Stay off social media! That means Facebook, Twitter and Flickr. Don’t post photographs of yourself dancing if you’re claiming an injured back! Don’t tell anyone you went water skiing when you claim to have hurt your foot. Just stay off the internet and say as little as possible online instead.

Consult the directory of the ABA for recommendations for lawyers. You can check the records of lawyers to make sure they don’t have complaints or cases against them.

Always go to the hospital if your injury may be the fault of someone else. If you do not fully document your injury as soon as you can you put yourself at risk for not getting the money that you may deserve in a settlement. So, if you want to protect yourself, be sure to visit a doctor right away.

Ask your friends and family for personal injury lawyer referrals. There are countless personal injury lawyers out there, due to the large amount of money that they can make, but that does not mean that they are all good. If you do not already have a lawyer in mind you should seek the help of those that you know and trust.

Do a quick background check to determine whether or not your personal injury lawyer is qualified. The last thing that you need is for your lawyer to deceive you, which could have catastrophic results financially and personally if your case is important. Hire a lawyer who has a good history and currently has all of the prerequisites to practice.

Hire a lawyer as soon as possible. If you have been injured, try to start the process of locating a lawyer within a week or two at most. If you have been hospitalized, or are otherwise too injured to do the work yourself, enlist the help of a friend or family member. A lawyer is your best bet for a successful personal injury claim outcome.

If you are involved in a personal injury case, the other person involved may have a special “diplomatic status” where you cannot sue them. You need to check with your insurance company to make sure you are covered in this case. If you are not, you might end up paying for the entire accident yourself.

Remember that your lawyer is the expert. Sometimes it can be difficult to follow the directions of others, but when it comes to dealing with your lawyer, you must. If you do not follow his instructions you are only hurting yourself, and possibly putting your entire case in jeopardy, so be sure that you are doing what you are told.

Winning your case depends much on having the right attorney in court as well as being knowledgeable yourself about personal injury law. Follow the tips presented here to get started on your preparations for your court date. You need to know as much as possible for the best chances.…

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Law School

Causes of Porch Collapse

Porch collapse is a serious threat to anyone who regularly enjoys an outdoor element in their home or workplace. While many consider this phenomenon to be rare or impossible in new buildings, they can in fact occur around you. It is generally the responsibility of the homeowner or property manager to ensure that their porch is in working order and that it is safe for others; however, there are many causes of this accident.

The reliability of a porch can be lost at many points during the existence of the structure. There are many people and organizations that participate in the design and construction of porches or decks, and multiple moments where error or negligence can have long term effects on the structure and the safety of those nearby. One of the most common causes of porch collapse is the use of unreliable materials. These include things such as:

Rotted wood

Rusted nails, screws, and fasteners

Improperly prepared foundation materials

Similarly, if the design of the building is faulty, the construction company carries the plans out incorrectly, or the building does not adhere to safety codes, the porch may be in danger of a collapse.

Once a poorly designed porch is built, overloading it with people, objects, or exposing it to extreme weather conditions such as snow build up or flooding may result in a falling structure. All steps of the construction process must be completed correctly and homeowners must act responsibly regarding their property to ensure safety for themselves and others. If they fail to do so, they may face legal consequences.…