Humanitarian Reinstatement Of I-130 Petitions

Question: My mother who is a lawful permanent resident of the U.S, petitioned both my brother and sister who are living in the Philippines eight years ago. We received a notice recently from the National Visa Center stating that we have to pay the Affidavit of Support, (AOS) fees which are something like $800. I was ready to pay this amount when suddenly my mother died. I was told that this may affect the petitions of my siblings. Is this true?

What can I do? Should I pay the $800 to the NVC? What happens to the petitions now that my mother died? Can I be substituted as a sponsor for them instead? One Attorney in Los Angeles said that he can fix this case but he wants $20,000. What should I do?

Answer: Though we always think that once a petition has been filed for us by our relatives in the US, there are only very minor roadblocks we can expect along the way. This is the case most especially if the petition has approved and has been forwarded to the National Visa Center waiting for priority date. Nothing else should worry us and we can just go on living while the priority date becomes current. Or so we think.

Unfortunately, there are cases wherein the petitioner dies before his relatives can come to the U.S. This is often due to the fact that US immigration process has a huge backlog in most countries and that it takes years before a visa becomes available for an applicant. During this long wait, if the Petitioner dies, the petition by law is automatically invalidated and cancelled. A lot of beneficiaries of US immigration petitions, like you, are saddened and surprised that the petition for their loved ones is no longer valid once the petitioner dies. So, if the petitioner dies before the beneficiaries enter the U.S. as immigrants, the case is over.

There is NO need to pay the NVC any fees because 1) the fees will not be refunded, 2)the U.S. Embassy will no longer process the application once it learns that the Petitioner died. The Embassy will instead, send the petition back to the USCIS office that originally approved it back in the states.

In most cases, that is the end of the line. The beneficiaries, even though they waited patiently for years and years can no longer come to the U.S. You cannot step into the shoes of the petitioner and be a substitute sponsor. However, there is a way to appeal this revocation of the petition. The process is called a Request for Humanitarian Reinstatement or also called Request for Humanitarian Revalidation. Humanitarian Reinstatement was made available by immigration regulations to cover these kinds of situations. It is entirely discretionary with the USCIS and is not guaranteed, but if you can show that there are circumstances justifying the reinstatement of the petition, the USCIS can revalidate and approve the petition and the beneficiaries can come to the U.S. as if the petitioner were still alive. The USCIS usually looks at the following factors: 1) disruption of an established family unit; (2) hardship to U.S. citizen or LPR family; (3) age and health of beneficiary; (4) length of beneficiarys residence if any in the United States; (5) whether beneficiary has a foreign residence (if in the U.S.) to which he can return; (6) undue delay by USCIS or the embassy in processing the petition or visa; and (7) extent of beneficiarys family ties in the United States.

For a Humanitarian Reinstatement to be applicable, the petition must have first been approved before the death the petitioner. Secondly, the beneficiary must arrange to have a substitute sponsor who may file for the required affidavit of support. This must be someone who can establish the means to support the beneficiaries with an annual income amount equal to at least 125 percent of the Federal Poverty line.

The qualified substitute sponsor must be a close relative such as the spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, grandchild of a sponsored alien or a legal guardian of the sponsored alien. Friends and distant relatives cannot qualify.

As far as paying an attorney $20,000 for submitting a request for reinstatement, I would question any lawyer who charges such exorbitant fees. Would you pay $1000 for a $1 lottery ticket without a guarantee of winning? Sure, there is a lot of work involved but there is no need to gouge or take advantage of persons who are suffering the loss of a loved one. I, for one, do not practice law that way. I would be weary of anyone who says it is a sure thing or I guarantee it. By law, reinstatement is discretionary. No one, can say if a request will be approved and it is unethical to claim it is a sure thing. Stay away from such boastful claims. You will be $20,000 richer and a lot happier.

Get Excellent Legal Representation by Employing a professional and Trustworthy Employment Lawyer

There are great chances in New York; people with the right mindset and expertise can even make their life successful in this city. The competition in this city is tight, but individuals take it positively and make all the effort to do a lot more. On the other hand, the Big Apple is also a place where legal battles are fought each day. Litigations concerning employment issues are popular, and in a situation like this, having the help of a dependable employment attorney is very important./p>

Employment-related issues could have an effect on big companies. This is the main reason why their group of lawyers is always willing to deal with staff at court. Like the companies, the law also says that it is employees? right to protect themselves throughout court proceedings. employment attorneys NYC are necessary. You’ll need their services when your employer violates your rights. During times of work-related problems, the employee should take legal action immediately. This is because delaying legal action will just hinder the probability of winning the case.

Individuals commit mistakes in thinking they only require employment attorneys at times when a lawsuit should be filed. Be aware that submitting a lawsuit won’t just get you spend too much money but also take your time and it is emotionally-draining too. This is the reason exactly why disputes must be fixed initially through in and out court negotiations with your employer. For the most part, this helps avoid a full-blown legal battle to take place. A New York employment attorney will search for a way to maintain your advantage during the negotiation. In addition to that, he or she will also help you all the way.

If you think there is already a predictable result on the negotiation and it will lead to a lawsuit, then it would be better for you to prepare and see to it that there is an employment attorney to help you. Absolutely, employment laws change over time and they are hard to deal with. Traps and loopholes are common in law. Once you make a false step, your chances in winning the case will fall. For that reason, make it certain that your lawyer is specializing in employment and civil litigation law, for you to get the problem solved effectively. When searching for a good NYC employment attorney, it is far better to work together with those who are experienced and reliable in offering edge to a client?s case.

Small businesses and non-profit organizations usually employ the services of Employment lawyers NYC due to their extensive knowledge on employment laws. With the help of these experts, business people can abide properly in all New York?s policies for employment. Whatever the size of the company, employers need to meet security standards and their other responsibilities. Additionally, to make sure there are no violations of the employment laws, companies can also hire the services of employment attorneys to make a draft regarding the company regulations.

Like most people, you probably don?t know where to begin or what action should you carry out first. The good news is, you can contact New York employment attorneys for consultation. Upon talking to them, tell them all facts so they are able to give excellent legal representation. The employment lawyer that will deal with your case will work closely with you in creating legal methods that is tailored to assist meet your goals.

You will be able to find Employment Lawyers Nyc in various ways. The most significant thing is to continue to enhance your knowledge. To get a more descriptive and detailed information, better visit on http://www.youngandma.com.

Recent Rise in Shut Downs of Over-the-Road Truckling Companies Cause For Alarm

A recent rise in trucking companies cutting corners and ignoring Federal Motor Carrier Transportation Laws could be placing the public at an elevated risk. Recently, the U.S. Department of Transportations Federal Motor Carrier Safety Administration (FMCSA) have shut down two separate trucking companies for blatantly disregarding the law and safety. Cutting corners is a bad practice that rises in all businesses when the economy is bad, but this simply is not acceptable when you are talking about companies that put heavy 18 wheelers and other commercial vehicles on the public highways.

On March 30, 2012, the FMCSA ordered Utah-based Reliable Transportation Services, Inc. to immediately cease all transportation services. Reliable Transportation Services, Inc. and the trucking companys principal, Jay Zachary Barber, were both declared an imminent hazard to public safety. The shut down order comes after safety investigators found hours-of-service and driver qualification violations that substantially increased the likelihood of serious injury or death to the traveling public. FMCSAs investigation revealed that the company was using drivers with suspended or revoked commercial drivers licenses (CDL) and was not employing any drug or alcohol tests with regards to their drivers. Reliable Transportation was also found to be transporting concealed hazardous material loads without valid federal registration. Hazardous material loads are highly regulated and require special permits to ensure proper containment and disposal.

On April 9, 2012, the FMCSA ordered the shutdown of J&A Transportation. Several roadside inspections found that the companys truck drivers had committed multiple hours-of-service, driver and vehicle maintenance violations. Investigators further found that the trucking company continued to operate without an active US DOT number or valid operating authority, that they were operating vehicles that had serious mechanical defects, and were not regularly inspected and repaired.

Hours-of-service violations often refer to drivers either not keeping proper log book records or driving for a longer time than Federal Law allows without taking the appropriate amount of off-duty and/or break time. Excessive driving hours can lead to truck driver fatigue. Driver fatigue is a major cause of accidents with regard to over-the-road truck drivers. Vehicle defects can refer to anything from safety devices and signals not working to faulty air-brakes, lights, gages and/or tires. All of these violations can lead to very serious and catastrophic consequences if permitted to continue.

If you see an 18 wheeler on the road that appears to be swerving or having difficulties maintaining a single lane, please contact the local authorities at once.

Illegal Immigration-Hot Topic in the World

For immigration purposes Marriage fraud is a misleading Union where a man and a woman will get married for the sole purpose of one of them obtaining permanent resident status in the United States or other countries. Many people see this type of marriage as a trade agreement between two people. On behalf on Immigration Marriage Fraud Act 1986 was amended by the Immigration Act of 1990 to permanently ban the marriage of a citizen of the United States to a foreign citizen for immigration purposes. Some even try to obtain residence by pretending to go through a genuine marriage. A person those not a U.S. citizen or who tried to make a fraudulent marriage for immigration purposes will be deported and can never be prevented from obtaining citizenship in the country.

There seems no end to illegal immigration news available to people today. As illegal immigration has become a hot topic in the U.S., there is an increasing amount of attention to illegal immigration and what rights they may have or not. The most important item of news about illegal immigration is the issue of whether there should be a path to citizenship for those who have lived illegally in the country for a period of time. This would give illegal immigrants the right to the benefits that some people do not feel they should enjoy where they lived illegally. The debate continues to follow the news and continues to build.

Many people do not realize that the request for help through a waiver, visa and / or change of status that makes them much more readily available to the immigration authorities, and in some event, open to the deportation and / or exclusion. Imagine paying filing fees and go through a cumbersome process of several months of detention by frauds and placed in proceedings before the immigration court! As for the exclusion and deportation, depending on your specific situation, you may be in danger of being detained in a correctional institution or be expelled and barred from the United States for a period of three to twenty years.

For further more knowledge of this topic please click on Global Visas Fraud Department.

Nitin Sharma works as Online Marketer at a British Company. He loves to write articles about Global Visas Fraud and in this way he has submitted many articles over internet. He aware people about the increased fraud cases now days.

How Can A Slip And Fall Accident Lawyer Help

Personal injury lawyers in Los Angeles seem to be preoccupied with so many cases of slip and fall injury. If while walking along the sidewalk, you stumbled on a chink on the pavement,bumped your toenails on the concrete, and sprained your ankle, who will you blame? If you couldnt go to work because your foot remained sore for a week,then you cant earn for the entire week. You think you were just unfortunate. A slip and fall accident lawyer can give you the right advice and assistance.

Insurance companies and lawyers have coined the term slip and fall to mean tripping over an object.Often slip and fall accidents could have been avoided had the owner of the property do required maintenance and repairs. The law obliges commercial and residential property owners to maintain their properties to avoid accidents. Otherwise, they are held liable for accidents that occur on their domains.

Slip and fall accidents are neither funny nor trivial. More than one million Americans suffer from injuries due to tripping over. The national center for injury prevention and control mentioned that there could be over 7 million cases that are undocumented. Hence, they encourage slip and fall victims to seek legal help.

One of the reasons why affected people dont file for claims is because of the tedious process involved in filing such cases. Often, the victim has to prove their accident wasnt due to their own negligence. The property owner also would have to defend themselves. The long process can be arduous.

Yet, Los Angeles lawyers believe that slip and fall victims should pursue with the litigation and get themselves legally represented. In their opinion, its not just about getting paid for medical expenses but also about making more people aware of the safety of their domiciles and commercial properties.

Some victims dont file for claims because they think their injuries are too trivial to warrant interest on the part of the court judge. They think their case will just add up to other trivial cases. There are also other people who are reluctant to file claims against the liable party, because its their friend or colleague. Wrong reasons are endless.

Nevertheless, one who thinks they need a slip and fall accident lawyer should find a lawyer with enough experience in handling personal injury cases. A good lawyer should be able to represent the clients case very well. He should be able to examine the evidence carefully, present evidence to support that the property owner is liable for the damages sustained by the client, and demand reasonable compensation.

Apart from slip and fall on someones property, slip and fall at work in Los Angeles is also common. Hence, lawyers advise employees who got injured at work to seek legal help, especially if their bosses refuse to duly give assistance.
For more details about slip and fall accident lawyer please click here:

Legal Safeguards – Secrets Of Good India Property Management Revealed

Understanding your rights within the Indian legal system
When we think of letting our property, the first thing that occurs to us, What if the tenant does not vacate my property? In the past, this was a valid fear. The older law, The Bombay Rent of 1947 protected the tenant from eviction and rent increases. This led to landlords losing control of their property. Finally in 1999, the Maharashtra Rent Control act was passed this time to protect both parties involved.
Most people still cling to the old notions of the Indian legal system. Mr. Patel from Harrow who owns a flat in South Mumbai, put it best, I know that all tenants are not bad but what if I let my flat out to a tenant who then refuses to vacate. I have heard that filing a court case in India takes years. I dont want to spend 5 or 10 years paying legal fees and appearing in court. I want my flat available when I need it. It is true that a legal case can take longer than anyone would wish, but there are alternative solutions.
Good property management companies use leave and license agreements that cover the right of recovering possession under the relevant sections of both the Bombay Rent Act and the Maharashtra Rent Control Act. They also include clauses of arbitration in case of dispute. Ideally, Leave and License Agreements are valid for 11 month periods and are duly registered. Tenants details are also submitted to the local police station.
If the tenant does not vacate, good property management companies assist by issuing notices on behalf of the landlord. If that does not work, a police complaint needs to be filed. The police then assist in evicting the tenants. In majority of the cases, this is all that is necessary to reclaim the property. The last resort is to go to the small causes court armed with the registered agreement. Typically such cases are decided within 15 working days with all the right documentation.
The Indian real estate market and the Indian legal system are safe and fair for the majority of law abiding citizens. Good property management companies ensure that landlords are protected, making their property ownership a joyful experience.
Want to know more about the Indian real estate market? Unesta is a property services firm, with offices in London and Mumbai, offering letting, sales and property management services to NRIs owning property in India. www.unesta.com / +44 207 125 0425.

Factors That A New Hampshire Child Custody Lawyer Follows

Different states treat child custody cases differently. The court has its own rules that they follow in making custody decisions. A New Hampshire child custody lawyer is the one that handles custody cases.

They make sure that every child deserves the best guardian that will guide him as he grows up. He has the right to a good family and a good parent. A New Hampshire child custody lawyer sees to it that the relationship between the parent and the child is mutual.

A parent should be able to provide the child with proper guidance, affection, schooling and love which is the most important of all. However, financial issues about child custody are the main factors that affect the case.

If a parent can give all the nurturing and emotional needs of the child, but is not financially equipped, he might not get the custody that he is fighting for because the other party would always claim that he cannot give the child a fine future and good health.

A parent who is financially poor may not be able to win a case that easily. If he is eager to win the child custody, he might as well look for a job first then after that, he can still claim for child custody. A New Hampshire child custody lawyer will treat this matter fairly and wisely.

A safe environment is what a child needs to cope up with all the things that have happened to his surroundings. A New Hampshire child custody lawyer observes the kind of environment that the child will live in because if it is not a proper place for a child’s growth, they might be forced to move if the parent wants to sustain the custody of his child.

The developmental needs of a child are important for a New Hampshire child custody lawyer. a New Hampshire child custody lawyer makes it to a point that a child will get to meet both of his parents be it at present or in the near future.

He has the right to know his parents so that he can try to see himself and if he is in the right age to decide, he can be able to choose properly according to his own willingness. A New Hampshire child custody lawyer will always suggest good education by enrolling the child in a good school which he can easily adjust with and make friends with.

This is important because the child’s future can be molded by education. A school should be able to bring out his talents and potentials and develop self confidence. If a parent cannot give his child proper education, a New Hampshire child custody lawyer will have to provide solutions and look for probable relief.

A New Hampshire child custody lawyer chooses a parent who has a positive attitude and a positive relationship with the child. A child will always feel comfortable with his mother if they have that closeness. The only problem is when the child possesses a good relationship to both parties and will find it very hard to choose.

In cases like this, a New Hampshire child custody lawyer handles the case. Whatever the result of the case is, a New Hampshire child custody lawyer is sure that it is the wisest decision and judgment.

What Can You Expect Out Of Legal Case Management Software

Law firm managers and partners will agree on the fact that they will do everything in their capacity to improve their range of services to their clients. At the same time, you will come across people who are not quite keen on investing in a Legal Case Management tool as they think that the return of investment does not match up to their expectations, especially when one considers the short term benefits. Though this kind of thinking may appear to be a sign of short-sightedness, there are several such instances.

Again, it would be a mistake to assume that a case management tool is a one-time deployment that can bring about a paradigm shift within a short span of time. It needs to be implemented in a proper way. It would end up creating a framework for the entire firm and help it to function as a consistent and cohesive unit. The tool can become an indispensable one for the firm’s staff, partners and associates and aid them in the accomplishment of their regular tasks. Here is a quick wrap-up of the long and short term benefits of using such software.

Long Term Benefits

Securing institutional knowledge and the assets of the firm Retaining the trusted clients and also developing a new base of clients steadily on grounds of providing excellent client services Prompting new employees to change gears and complete the task within the stipulated deadline Offering productivity metrics and firm management solutions

Short Term Benefits

Records billable time effectively Simplifies the process of conflict checking Provides access to all information concerning a particular case and also ensure proper communication from a central location using a single interface Making the intake process fully automatic Ensuring complete client satisfaction by offering substantive and time communications Saving on the time required for searching documents and every other bit of information To acquire all relevant information at a glance including information about witnesses, opposing counsel and judges along with the current status of the case Furnishing documents with key information automatically Creating alerts for the staff and attorneys whenever a new file is passed on to them Generating customised workflows for each and every practice area

There are several instances where you would find the adoption of such advanced technology generating short term results for your business. Even a couple of decades back, one could not imagine replacing the services of a seasoned typist for one who was just starting to learn keyboard commands required for word processing. But today you cannot deny the importance of using advanced technology for carrying out various tasks connected with case management. Legal case management software is thus no longer an alien concept in the legal field and is been taken up by solicitors across different parts of the world. However, the use of such software can begin only after you are clear about your requirements and the demands of your business.

Tucson Criminal Lawyer – Phoenix Dui Attorneys – Thrush Law Group In Arizona

PHOENIX DUI stands for Driving Under the Influence, it is defined as the act of operating a motor vehicle or any means of transportation after consuming alcohol beverages or other intoxicating substance that could alter a driver’s mind and ability to drive. DUI is considered a felony when it causes accidents such as severe injuries, fatalities, and extreme damage of properties. If you drive under the influence, it can expand to a serious crime and can possibly charge you of committing felony.

In September 2007, new Phoenix Dui laws went into effect and instituted new penalties for driving under the influence (DUI). These new DUI laws are being vigorously enforced by local police and prosecutors. It is more serious and expensive than ever if you are convicted on DUI charges. Therefore, it is important that you promptly consult with an experienced criminal defense PHOENIX DUI ATTORNEY who can assist you with any DUI charges you are facing. There is more mandatory jail time for convictions of Extreme DUI.

In addition, it is mandatory that drivers convicted of DUI have an ignition interlock device installed on their vehicle. Also, being charged with PHOENIX DUI can result in a suspension of your driver’s license for a time period of 90 days, and in some cases, up to a full year. When you are pulled over and arrested for PHOENIX DUI the police officer will take your driver’s license on the spot. If you refuse to take a blood alcohol test, your license is automatically suspended for a full year.

Thrush Law Group is a leading Arizona law firm. Our Phoenix Dui Attorney provide you with the service you deserve and promise to leave no stone unturned in our quest to help you achieve the best possible outcome for your case. At Thrush Law Group we have a reputation of excellence. Our successes are the result of years of practice and learning. No matter what your legal issue may be, our tempe dui lawyer will strongly fight for your interests from :

Criminal Law/DUI
Misdemeanor Crimes
Felony Crimes
Misdemeanor DUI
Felony DUI
DUI Defense Strategies
Traffic Offenses
License Issues
Personal Injury
Motor Vehicle Accidents
Premises Liability/Slip and Fall
Wrongful Death
Family Law
Divorce
Car Accidents
Premises Liability

Thrush Law Group our tempe dui attorney are staunch defenders of the innocent, passionate advocates for the disadvantaged, and firm believers that there is no greater calling than serving others and their community to the best of their professional ability, and their dedication to and compassion for their clients comes through in all they do.For experienced, knowledgeable legal help from a team of Arizona attorneys with a proven track record of success, there is no better resource than Thrush Law Group.

Who Needs A Family Solicitor

Numerous men and women will require the services of the family law court system at some place in their lives. Many could never foresee that they would discover themselves in the court room having employed the services of a family solicitor.

Here are a few examples of positive reasons why a person or family may require the services of a Family Law Solicitor. Adoption of a child or baby is an exciting life-choice however there are many legal aspects that have to be dealt with. A family solicitor could be helping a couple complete their family, or drawing up the papers that helps a single parent feed and cloth their children.

However, it is an unfortunate reality that many end up in the family law court for less pleasant reasons. The possibilities are endless however, they could be going through the process of divorce, fighting someone over child custody, they could be in the process of getting sued for child support, or being taken to court for alimony. There are sad cases of family members being accused of abuse or paternity cases where one is fighting to prove or disprove that they are the paternal father. In these types of cases there are no exclusions due to age, gender race or religion; all are expected to attend court. The impact of a courts decision in all these matters is likely to be significant in terms of the future of the family.

Those who have been married, divorced, living as domestic partners, or even those involved in a civil union may appear in family law and court if there is not a ‘happily ever after’ solution. The courts will decide who gets what in terms of property and persons. So who gets which visitation periods of the children, who keeps the family home, who owes for the debt the couple accrued while together will all be decided and more. It is often very difficult, upsetting and complicated to work out all the details of who gets what. However the process is there to settle disputes and allow people and families to rebuild their lives.

So with all of this to worry about you should seek the advice and services of a family law solicitor. Professional legal advice will make certain that you interests are suitably protected.

Relationship agreements (sometimes called nuptial agreements) can give you peace of mind. So if you plan to get married, start cohabiting or are about to enter into a civil partnership then some form of formal relationship agreement can protect you both.