Posted on June 17, 2016 in Family Law

It is estimated that nearly 20 people are physically abused by an intimate partner every minute of every day. Yet, domestic violence is often an overlooked aspect of divorce. It does not receive adequate attention or recognition, and that continues to place victims and children at risk. If you are in an abusive relationship and are contemplating separation or divorce, know how to keep yourself and your children safe by understanding the role and importance of safety plans and orders of protection.

Safety Plans During and After Separation or Divorce

Anyone that is in a domestic violence situation, has recently left, or is considering leaving, should have an active safety plan in place. This plan should change as your situation does. For example, those who are still living with an abusive partner will have different needs than those who have already left. However, most should include:

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 Posted on June 16, 2016 in Immigration

When a person declares his or her intent to naturalize, or become a U.S. citizen, he or she is put through a rigorous application process. Citizenship is a privilege, not a right; therefore, one must meet all the criteria before being approved to naturalize. This includes passing an interview with immigration personnel, and for many this represents the final hurdle.

Avoid Sinking Your Chances

Certain actions will effectively get your application denied with very little review even before an interview occurs. One of the most common reasons for a naturalization application to be denied is missing one’s interview date. If you have a conflict on the date you are given, it is critical that you contact U.S. Citizenship & Immigration Services (USCIS) as soon as possible. If you simply blow off the interview and do not communicate with authorities within a certain period of time (usually 6 months), your case will be ‘administratively’ closed and your application denied.

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 Posted on June 13, 2016 in Family Law

In a divorce with children, family courts can help to settle parenting time disputes and will ultimately ensure that the child's best interest takes precedence. But pets – who are still considered property in divorce proceedings – are an entirely different story. Family courts do not get involved, and judges almost never take the emotional attachment that humans form with their pets into consideration. Unfortunately, this can make divorces with two very loving pet owners (or even one loving owner and one very angry, vindictive owner) rather messy.

Two-Thirds of U.S. Households Have a Family Pet

Over the last few decades, more and more couples have decided to put off having children. Others have decided to forgo child rearing entirely. But pets, who are often seen as children by their loving owners, can be found in nearly 80 million U.S. households. Those households are as varied as the pets that are in them, but a percentage of those pets may one day become a bargaining chip in a divorce.

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 Posted on June 10, 2016 in Personal Injury

The term “distracted driving” has almost become synonymous with the action of texting while driving. This is, of course, inaccurate—there are several different types of actions and situations that may take a driver’s attention away from the road.

So why is it that texting receives so much attention? It may have something to do with the prevalence of these accidents, which can also give rise to the question as to why, exactly, drivers are more likely to experience an accident while texting than while distracted in other ways.

Researchers from the University of Houston and the Texas A&M Transportation Institute believe they just might have the answer.

Researchers Uncover a “Sixth Sense” That Protects Distracted Drivers

In a study that examined the driving of 59 volunteers while exposed to various distractions, researchers uncovered what they call a “sixth sense” that can, in most circumstances, keep distracted drivers safe, even when their movements become jittery because of emotional or cognitive distractions. In reality, researchers believe the safeguard is most likely because a part of the brain, the anterior cingulate cortex (ACC), is able to counteract the body’s fight or flight response that drivers experienced during emotional and cognitive distractions. It worked so well, in fact, that drivers actually kept straighter trajectories under most distractions. The one exception, however, was when they were texting.

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 Posted on June 09, 2016 in Immigration

When people talk about undocumented immigrants, they are often referring to those who have traveled over a border without permission. However, the term technically also applies to people who have overstayed a lawfully granted visa, or used that visa for an incorrect purpose. Anyone who accrues what is referred to as ‘unlawful presence’ can face serious consequences in the future.

Accruing Unlawful Presence

The major question that you should ask yourself is whether or not you accrued what United States Citizenship and Immigration Services (USCIS) calls unlawful presence. USCIS defines unlawful presence as remaining in the country after the expiration of the stay permitted by one’s visa without being admitted or paroled into the country. However, one does not accrue unlawful presence automatically—in many cases, a judge must specifically delineate time in the country as unlawful for it to count against someone in terms of immigration law. This is especially common among students, who are less likely to be issued Notices to Appear—schools are presumed to provide guidance to their international students on these matters.

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 Posted on June 03, 2016 in Personal Injury

One of the most loving and humane actions individuals can take is welcoming a foster animal into their homes. Abandoned pets, or those who can no longer be cared for by their owners, are given a second chance in a caring environment. Millions of animals reside in shelters across the U.S. and over half do not make it out alive. Therefore, a foster situation is a wonderful step toward a forever home for an animal in need.

Yet when a loving family decides to foster an animal until a permanent home can be found, there is a risk. Families welcome foster animals frequently, and often, the background of the animals is not fully known. The risk is that a dog may unexpectedly lash out and injure someone. Usually that “someone” is a young family member or someone in the vicinity, such as a neighbor or a visitor to the home.

The Numbers

Forty-three million American households own a dog or dogs, totaling over 70 million. With that staggering number in mind, it is easy to see how many dogs fill homes in every neighborhood around us. Shelter and rescue dogs are taken in by families at the rate of over 80 percent as opposed to those purchased from a breeder at the rate of 19 percent.

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 Posted on June 02, 2016 in Immigration

Immigration to the U.S., especially on a temporary basis, has always been a difficult and complex endeavor. Perhaps the most easily confused set of rules revolves around the H1B visa, which is designated for foreign workers in ‘specialty’ occupations. Everything from the duration of stay, to the person applying for the visa and beyond has been brought into question; it is imperative that you understand what is true and required if you will be using the H1B visa to come to the United States.

Myth: You can apply for an H1B visa just like any other type of nonimmigrant visa, by completing an application and mailing it in.

False. H1B visas, because they are so in demand, are only available during a specific window, usually beginning on April 1 and ending whenever the cap has been reached. Unlike many nonimmigrant visas, H1Bs are capped by an act of Congress, mostly to restrict the potential adverse effects on U.S. citizen employment rates. Also, in most cases you yourself will not complete the relevant paperwork for an H1B, but rather the U.S. employer with whom you have formed a relationship. You will likely have to provide information, but the law actually requires that the employer be the one to submit the petition.

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 Posted on May 28, 2016 in Family Law

For more than a decade, the percentage of women who chose to stay home with their children declined. Then, in 2012, something shifted, and the U.S. saw a spike in the number of stay-at-home parents. But moms were not the only ones deciding to take on child care full-time; stay-at-home dads have also been on the rise. Factors, such as downturns in the labor force, the increased cost of child care, and rising immigration are all thought to be responsible. But, regardless of the reasons behind the trend, all are said to be at risk for financial strain and poverty in the event of a divorce.

Staying at Home in Marriage Can Have Consequences in Divorce

Regardless of whether the stay-at-home parent is a mother or a father, the risks are the same. Years, possibly even decades, outside of the workforce make re-entry more difficult. Technology advances, which seem to happen overnight, can leave the parent unprepared, under-skilled, and ultimately underpaid. So, once the cost of divorce, monthly expenses, and often a lack of savings are factored into the equation, stay-at-home parents are at an extreme risk for a financial strain.

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 Posted on May 26, 2016 in Personal Injury

Spring weather across the nation is luring out motorcyclists onto highways and roads. While some drivers may view motorcycles as a risk or menace on the road, most motorcyclists are law abiding enthusiasts who have chosen a motorcycle over a car for various reasons. Yet whatever the reason, drivers are still wise in being cautious of motorcyclists.

Cars and motorcycles are involved in accidents daily—accidents which can cause significant personal injuries to both motorcyclists and others, in addition to property damage. Moreover, motorcyclists who “lane split,” or travel between actual lanes, can be a risk to themselves and to other cars and drivers.

Data from the California Enhanced Motorcycle Collision Data Project reports that 997 collision-involved motorcyclists, out of 5,969, were lane-splitting at the time of their collision. And while lane splitting may be considered actually safer for a rider, there are those who flout the law and create danger for others.

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 Posted on May 26, 2016 in Immigration

The concept of immigration proceedings can be very confusing for some, with misinformation constantly propagated about what occurs and what a court can do during such hearings. If you or a loved one has been placed into removal proceedings, the situation can be stressful, but all is not necessarily lost. Being aware of what exactly occurs at such proceedings can help ease fears.

The Master Calendar Hearing

The first step in the process is the master calendar hearing, and while it is not required that you bring an attorney, it is recommended. Regardless of whether or not you have one, you absolutely must attend this hearing—if you do not, you will almost certainly be ordered removed in absentia. In other words, the judge will assume that since you did not appear, you have no defense to the charge of removability.

Appearing at the master calendar hearing allows you to contest the allegations of removability, assuming you are able. If you cannot, you may still be able to negotiate what is referred to as voluntary departure. Voluntary departure is just that—voluntarily leaving the United States, rather than being deported. If someone is granted voluntary departure, it means that there will be no bar against his or her return, as there would be otherwise—he or she simply must obtain the appropriate visa abroad.

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