Law

Green Card Through Marriage: Defining Immigration Fraud

Law

Marriage immigration involves when a U.S. citizen living in America gets married to a non-U.S. citizen. If the non-U.S. citizen wants to get a visa so he or she could permanently work and live in the U.S., then he or she could apply for a marriage or fiancé visa.

On the other hand, if a non-U.S. citizen marries a U.S. citizen with the sole intent of getting a green card and evading immigration laws, then the non-U.S. citizen is considered guilty of immigration marriage fraud.

What Exactly is Immigration Marriage Fraud?

Immigration marriage fraud, also called sham marriage, occurs when a non-U.S. citizen enters into a fraudulent or fake marriage to deceive immigration officers and circumvent the law, explains an immigration lawyer from one of the best law firms in Salt Lake City, Buhler Thomas Law, P.C. In general, the following are examples of conduct that might be classified as immigration marriage fraud:

  • Deceiving or misleading immigration authorities
  • Submitting false marriage documents
  • Setting up phony living arrangements to satisfy legal marriage requirements
  • Marrying for convenience, under certain circumstances

It is, however, crucial to note that a marriage that was entered into for other reasons than love could be deemed legal provided that the couple meets all legal marriage requirements, including being of legal marrying age and a valid marriage license. It’s common for people to marry for “convenience”, but when two individuals marry to commit immigration fraud, then it’s illegal.

What Happens If You Commit Immigration Marriage Fraud?

Being found guilty of immigration fraud could result in severe consequences. First off, it is a felony offense, so you face up to a $250,000 fine and five years imprisonment. These penalties apply to both the U.S. citizen and non-U.S. citizen. Depending on the specific circumstances of your case, you might likewise be charged with making fraudulent statements, harboring an illegal alien, conspiracy, and visa fraud, and these additional charges come with additional penalties as well. Immigration based on marriage should not present legal problems, considering that they’re legitimate. If you’re looking to get a green card via marriage, it’s best that you consult an experienced immigration lawyer to advise you.

Common Errors You Should Avoid When Choosing Your Family Lawyer

Law

Presently, you find yourself in need of a family lawyer. While there are factors that you need to consider before choosing the right one, there are also definitive mistakes that can cost you your case.

Here are those erroneous actions that you would need to avoid to get the best attorney for your case:

Choosing Based on Rates – Though your budget can be a concern, using that as your primary basis for selection would be disastrous. For lawyers to be effective, they would have had a certain period of exposure and experience in the courtroom. Knowledge, after all, is half the battle.

Choosing Solely Because of Recommendation – It’s typical to ask friends and family for their choice of a family law firm in Albuquerque, NM, but there should be other factors to consider. Along with experience and knowledge, you should be comfortable with your chosen attorney. Set a meeting and ask all the necessary questions before you decide.

Choosing Without Checking Former Cases and Clients – The internet holds a huge amount of information and it’s wise to maximize it by researching on your final selection list. Check on feedback, history, and client lists. Most likely some of the information will be classified, but there are public records that you can get from your local government offices if your web search proves to be limited.

Choosing Without Confirming Fees – The contract you sign will most likely have fine print and it’s best to check these details before you affix your signature. What are the miscellaneous fees included? Are there any items that may add to your payments? What services are covered by the final price? Rule of thumb: sign only when you’re finally satisfied.

It’s always good to take the time when making major decisions. Choosing the right lawyer for your case is something you should take seriously. Be careful and thorough in your selection to increase your chances of winning your case.

Life Guide: 3 Suggestions for Rekindling Your Zest for Life

Law

Have you ever felt that you’re just going through the motions of life and don’t really have something to look forward to? If yes, perhaps it’s time you shake things up in your life. Read on for some suggestions for bringing back your zest for life.

1. Learn new things

Learning new things will not only bring challenge and excitement to your life but also help you better yourself. For one, you can enroll in an art or music class to start a new hobby. To keep you active and help you defend yourself, martial arts (e.g., kickboxing and jiu-jitsu) lessons are a great option. And if your job is the source of your discontent, you should consider taking courses like IT or paralegal programs offered online by The Center For Legal Studies to prepare for a career change.

2. Reconnect with people

Reconnecting with people who had once been an important part of your life can help you enjoy life more. Call or visit old friends or family members to have fun catching up on things or reminiscing about the good old days. More than having a good time, though, these people can be a great support group that’ll help you figure life out. With them, you can compare the person you once were to the one you are now and decide what you want to become from then on.

3. Give yourself a break

Giving yourself a break sometimes, however, is the best thing you can do for yourself. Travel to places you’ve never been to and experience their culture, food, people, etc. You can likewise take the opposite direction and go on a meditation retreat. By getting away from it all even for the briefest of times, you’ll hopefully refresh your body, mind, and soul and gain a new perspective on life.

You only live once. And it’s up to if you want to just go through life’s motions or live it to the fullest.

Types of Labor Arbitration

Law

Employment disputes are increasingly common even with collective agreements in place. Arbitration is an alternative method of dispute resolution in which both parties submit their labor relation issues to an arbitrator. It is the last step in dispute resolution between employers and labor unions representing their employees.

The union arbitration process starts with the filing of a case and selection of an impartial arbitrator. The arbitrator is typically an attorney well-versed in employment laws. Furthermore, there are different forms of labor arbitration depending on your dispute.

1. Grievance Arbitration or Rights Arbitration

This deals with a dispute involving interpretation and application of a specific existing agreement. It involves a collective bargaining agreement or labor contract.

A neutral arbitrator (agreed upon by both employees and the union board) and the management resolves the dispute. The decision of the arbitrator is binding.

2. Interest Arbitration or Contract Arbitration

This involves negotiation of the conditions and terms of employment for union employees before signing a new employment contract or renewing an existing one.

The arbitration process aims to come up with fair terms for both the management and employee. The decision by the neutral arbitrator is binding to both sides.

3. Arbitration of Statutory Disputes

This form of arbitration is typically reserved for non-union contract agreements. Some companies provide this arbitration as the formal dispute resolution method for any complaints regarding employment to avoid costly court litigation.

Job discrimination is the frequent row settled by arbitration of statutory disputes. The agreements reached in this arbitration are binding to both parties.

4. Tripartite Arbitration

This involves three arbitrators. The employer and union each select one arbitrator, while the two arbitrators or the employees choose the third.

Arbitration, compared with litigation, is more efficient, private and less costly. In most cases, the parties involved still have a good working relationship after the process, unlike in court litigation.

Post-Divorce Misery: The Usual Suspects

Law

an unhappy coupleIrretrievable breakdown of the matrimony is the only divorce requirement in Colorado. When a spouse files for it, it only means both parties could no longer get along and want to stick it out. But since divorce is such a major life-changing decision, many people find themselves miserable even after legally ending their bad marriage. If you ask why to any experienced divorce lawyer in Colorado Springs, Denver, or Builder, here are the likely answers you’d get:

The “Fairness” is Subjective

The number cause of misery is an unfavorable outcome. If you don’t get what you think is fair for you, you’re bound to feel down. This usually happens if you take your divorce to the court and let a judge make the final decision. Considering Colorado is “no-fault” state, the judge won’t penalize any spouse who committed misconduct in the past. If your partner were guilty of infidelity or drug abuse, you wouldn’t get sympathy points from the court. The court will determine what is fair for both parties based on what the laws spell out only. If you think this is unfair, consider mediation.

Someone Feels Blindsided

When the possibility of divorce was never discussed, the action might come as a shock to the spouse didn’t file for it. Moreover, that person might be at a disadvantage because of the surprise factor. Naturally, the spouse who files for divorce gets a head start.

Expectation Is Out of Tune with Reality

Many spouses facing divorce don’t fully understand the harsh realities of breaking up the marriage. One of the process’s inevitable consequences is change. Nine times out of 10, your divorce would shake up your life at different levels. No matter how much you want to hope that some things would remain the same, they would most likely not. A healthy way to imagine your post-divorce life is to think everything will be different. Anything you like in your married life that stays unchanged after divorce will be a pleasant surprise. Divorce doesn’t have to be a traumatic experience. If you play your cards right, you can survive the process with a smile on your face.

Top 4 Reasons to Hire a Car Accident Attorney

Law

Accidents happen every day, but there is one constant thing in all of them and that is people lose money in the form of income or payment for the damages. That’s why when you are involved in an accident; it’s important that you contact a car accident lawyer to help you recover the losses that result from the crash.

Paulbennettlaw.com cites some of the reasons you need a car accident attorney.

1. Obtaining the necessary evidence for your case

You may know the importance of taking pictures of the accident scene, but you still need an experienced attorney to help you collect all the necessary evidence that will support your case. They will visit the scene and determine what other evidence is useful. They will also talk to the investigating police officers and the witnesses. They will even make sure they get all the accident reports that will help prove liability.

2. You have limited time to sue

An experienced auto accident attorney will tell you that when you delay, you run the risk of giving up your right to sue and file a claim. That’s because, in most states, you only have a limited time of one to two years to file a car accident claim.

3. When you have a severe injury

You should know that any injury that causes severe pain is acute. This includes broken bones, dislodged joints, or even surgery. When you have a serious injury, a lot of money is at stake. Remember that insurance companies are in the business of making money. As such, they will try to cut the payouts as much as possible. An experienced attorney can help ensure that the payment is worth all the damages and is paid on time.

4. Filing and proving your case can be complex

An experienced car accident attorney will be there to ensure that you comply with the state laws and regulations when suing. They will also tell you not to do anything that jeopardizes your rights to sue. Lawyers are well versed in the complex laws and references that help prove liability and win a personal injury case.

Hiring the right accident attorney can save you from stressful moments and a looming financial loss. These are just some of the many ways your lawyer can help with your case.

Top Three Reasons You Should Hire an Immigration Lawyer

Law

Do you know of someone who went through the immigration process successfully on their own? Possibly, because there is no legal requirement for you to have an immigration lawyer represent you. However, given the complexity of the immigration process, specialists at Buhler Thomas Law, P.C. present these reasons for your consideration when thinking of hiring an immigration attorney in Utah.

Speed up your case

Immigration lawyers know exactly what you need for a successful application process. They know the exact documents you should complete and the support documents you need to submit. This will expedite your process, saving you time and sparing you from the stress of learning how to do it.

Experience and expertise

Immigration laws are not only complicated, they also keep changing. Trying to go through them by yourself, you risk having your application turned down. You can be confident of better chances with the guidance of an experienced immigration attorney as in any other state, who is always abreast of any changes in the immigration laws. As an expert your immigration lawyer is also in a better position to interpret the laws and whatever changes there may be.

Avoid costly mistakes

Due to the complexity of the US immigration laws, the process of filing the petitions can be complicated for most people. Therefore, chances of making critical mistakes are so high. Remember, any mistake you make during this process, no matter subtle, can cost you dearly, financially or otherwise. By hiring an immigration attorney, you avoid making these costly mistakes.

Getting the right immigration attorney to handle your case ensures that you have higher chances of success. It also ensures that you have less headaches going through the process, speed up your application, successfully navigate through current changes in immigration laws, and avoid unnecessary expenses.

4-Point Guide to Choosing a Divorce Attorney

Law

Your choice of an attorney may affect the outcome of your divorce case. It is, therefore, important that you get it right. But how do you choose the right lawyer from an array of lawyers out there?

Here are some important factors to consider before hiring a divorce lawyer in Denver, Colorado:

References

With the increasing number of divorce cases in the United States, you are likely to know someone who recently went through it. Talk to them and ask them about the attorney they hired. Inquire about the qualifications of the lawyer and their experience while working with the professional. These clients may provide honest feedback and advice on which attorney to go for, and which to avoid. Having a reference will not only save you time; you will also be working with someone you know you can trust.

Experience and Qualifications

Most of the divorce lawyers provide free consultations. It is, therefore, prudent that you interview more than one attorney. Remember that finding the right divorce lawyer takes time and patience. Settling on the first attorney you meet could be a gross mistake. This is because you limit yourself to their approach, advice, and experience. It is always good to evaluate how qualified others lawyers are to handle your case. By doing this, you open yourself to a broader pool of options before making the final decision.

Personal compatibility

Choose a lawyer that you are comfortable working with. If somehow you feel uncomfortable about a particular attorney, consider finding another one. This is regardless of the other abilities they may have. In family law, the relationship between an attorney and the client is crucial. Due to the sensitivity of the matters involved, you need a professional you can trust and share your concerns with comfortably.

Cost

Be on the same page with your attorney when it comes to professional fees. This will help you plan and evaluate whether you can afford the services. It is good to be realistic on how much you can pay without draining your finances. Remember that a divorce is stressful enough; you don’t want to add to that the possibility of bankruptcy. A good lawyer will give you an estimate of the charges depending on the nature of your case. Note that the figure may change depending on how the trial will go.

A divorce can be psychologically draining. It is, therefore, imperative to have the right and experienced attorney taking care of you and your rights.

What You Need to Do Before Filing for Child Support

Law

If anyone ever tells you that getting child support is simple and easy, they must not have ever gone through it. Perhaps they would say, anything these days could be accomplished online. While that may be true for many other services, when it comes to filing for child support, you still have to show up at your local office of Child Support Enforcement.

You also have to bring the required documents to file:

  • A valid (up-to-date) passport, a valid driver’s license, or some other valid photo identification.
  • Proof of billing or address, such as utility bills, rent receipts, etc.
  • Your child’s birth certificate.
  • The current address of your ex, or the address of their current place of work.

You can also bring additional documents that might help strengthen your case:

  • DNA test results or an affidavit proving paternity.
  • Recent child support payment evidence or proof of arrears.
  • Other financial documentation
  • Proof of income

Knowledge is Power

Doing your homework can help make the process a little easier. That means going online and doing some research, particularly on the website of the Office of Child Support Enforcement. This will give you an idea how to go about the process, what to expect, what to do if your ex is no longer living in the state or in the country, etc. As with anything else, knowing is half the battle.

Who Do You Call

It’s also advisable to seek help from a more knowledgeable friend or family member, particularly one who has been through the same process. Nothing beats practical information and advice regarding matters like how long you should expect to wait.

Another step you can take is to find a child support lawyer in Colorado Springs or wherever you happen to be residing. Although doing your own research has its benefits, having a lawyer who is skilled in helping people in similar predicaments can help you avoid pitfalls. An attorney can also do most of the work, so you may have a better chance of success without using up as much time. For people who need to request a child support modification, a lawyer is also a preferable ally.

Getting child support is anything but easy. Knowing what you can and should do before even filing can make the process run smoother and faster.

 

New York Divorce: What Is Marital Property and Separate Property?

Law

An angry couple not looking at the other, both of their arms crossed When a couple divorces in New York, their property would be divided equally. This typically results in equal or equitable division, but not always. Equitable division of property is one that’s fair for both parties, and would take into account the contributions of each spouse and what each would need moving forward.

Divorce lawyers in Suffolk County, New York discuss the differences between marital and separate property.

But What Property Would Be Equitably Divided?

The court would only divide marital property. Each party could keep their own separate property. Essentially, marital property includes property that one spouse or the couple obtained while they were married, regardless of whose name is on the title, but subject to certain exceptions.

Each party’s income while married, all property bought using that income during the marriage, and the retirement benefits earned by each party while married, as well as all applicable property’s appreciation during the marriage, are likewise counted as marital property.

So What’s Considered Separate Property?

Only separate property won’t be divided by the court during a divorce. Rather, each spouse could keep her or his own separate property, except to the degree that the other party contributed to the property’s appreciation or value increase. In general, the following are considered separate property:

  • Any property that either party bought or obtained prior to marriage, including gifts or inheritance, except if the property was a gift from the other party
  • Any property deemed as separate property in a legal and valid written contract, such as a prenuptial agreement
  • Damage awards for personal injuries
  • Property obtained from the appreciation or proceeds of a separate property, except if the appreciation could be partially attributed to the contributions or efforts of the other party

The Takeaway

Divorce could be one of the most challenging events in anyone’s life and division of property could be emotional and messy. In such cases, work with an experienced divorce attorney to make sure you get a fair agreement and obtain what’s rightfully yours.