6/16/21 -Personal Injury – Bone Graft Litigation-Car-Slip/Fall-Closed Head/Paralysis-Auto Insurance-Premises Liability-Injury Settlements-Disability-Truck-Speeding-Bicycle-Emergency Room Errors-Strokes-Rollover-Spinal Cord – gtg

Medtronic Infuse Bone Graft Device Litigation

Problems With the Medtronic Infuse Bone Graft Device Discussed By a Medical Product Liability Attorney
Medtronic’s Infuse bone graft device was designed to assist patients who are recovering from lower-back (lumbar) surgery. Traditionally, patients who underwent this type of surgery have been subject to painful follow-up operations involving bone grafting. In an attempt to avoid this, surgeons implant Medtronic’s device between the vertebrae of the recovering patients to stimulate bone growth. The device is essentially a sponge soaked in a biological “bone-stimulating” agent. Once implanted, it is absorbed into the bones, which in turn grow.

Problems Associated With the Infuse Bone Graft Device
Problems with Medtronic’s device began surfacing around the country almost immediately. More than half of the patients implanted with the Infuse suffered from overgrown bones. The US Food and Drug Administration issued a warning citing life-threatening complications with recombinant human bone morphogenetic protein (rhBMP)-the growth-promoting enzyme utilized by Medtronics in their Infuse bone graft device. The FDA cited thirty-eight cases where patients who had received the implants had suffered from swelling of the “neck and throat tissue, which resulted in compression of the airway and/or neurological structures in the neck.”

Legal Issues Affecting Medtronics
Due to the adverse side effects and health risks associated with their Infuse bone graph device and the use of recombinant human bone morphogenetic protein, Medtronics has faced intense scrutiny by both government and litigation attorneys, including:

Allegations that the company paid doctors to downplay complications caused by Infuse – the commercial name for Medtronic’s device. The U.S. Senate launched an investigation to determine whether doctors may have downplayed indications of abnormal bone growth and male infertility.

Numerous lawsuits across the country over whether or not Medtronics illegally marketed Infuse for cervical (neck) surgery. Infuse was only approved by the FDA for use in the lumbar region. Marketing a product for anything other than its intended purpose is known as “off-label” marketing and it is an illegal practice.

Victims’ Lawyers Formed Class Action Lawsuits
There appears to be a significant amount of evidence demonstrating that Medtronics acted irresponsibly, and patients have suffered as a result. Additionally, patients’ lives have been placed in jeopardy. If you or a loved one have experienced complications as a result of an Infuse bone graft device implant, you may be entitled to recover damages. Please contact our office for a free consultation.

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Slip & Fall

Have you been injured at a store or business? If you have slipped or tripped and fallen at a place of business due to a hazardous condition beyond your control this is what is commonly referred to as a slip and fall injury. Even whether you feel your injuries are not serious enough, the state of Texas gives you the right to seek complete financial compensation for your injuries, rehabilitation, medical transportation, and lost wages if the liability lies with the business. However, timing is paramount with slip and fall injuries. It is crucial that you contact an attorney immediately after an injury – they will handle preserving the evidence, contacting witnesses, putting you in touch with a medical provider, and answering all your questions regarding medical costs, time out of work, and more.

Our Slip & Fall Lawyers are Board Certified Civil Trial Attorneys, specializing in these complex Premises Liability legal cases. Our legal team has decades of experience in Premises Liability and can help you quickly determine if you have a case; and if so, how much your injuries may be worth. The laws can be very complicated pertaining to slip and fall cases, so we encourage you to contact our law firm immediately to arrange a complimentary meeting to discuss your injuries.

For questions regarding your slip and fall injuries, call our office for a free consultation.

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Car Accidents

Decades of Representing Car Accident Victims in Texas
At our law office, we help auto accident victims receive the proper medical treatment and compensation they deserve. With over 25 years of experience, we know what it takes to get results.

Call us toll-free to discuss your case in a free initial consultation. Spanish language services are available.

What You Are Entitled to Receive
An auto accident can have a crippling economic effect on a family. If you or a loved one has suffered an injury in a car, motorcycle or truck accident, we will fight to get you the money you need to stay financially afloat. You may be entitled to recover damages for medical expenses, lost wages, pain and suffering and other expenses that resulted from your accident.

Let us take the legal burden off your shoulders so you can focus on recovering from your injury. We provide knowledgeable and effective representation in dealings with insurance companies, settlement negotiations and at trial.

No Charges Unless You Recover Damages
We charge on a contingency fee basis in order to limit your financial risk. You will not pay us a dime in attorney’s fees unless we obtain a settlement or jury verdict in your favor.

Don’t Wait Too Long, Contact an Experienced Lawyer Immediately
You must contact a skilled attorney right away when involved in a motor vehicle accident. By taking immediate action, we can properly preserve the accident scene, retain car accident reconstruction experts and independent medical examiners to ensure we obtain the best possible results.

Contact our firm toll-free to schedule a free initial consultation and discuss your personal injury claim. A Spanish translator is available. Our office is handicap accessible and free parking is available.

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Closed Head Injuries and Paralysis

Texas Personal Injury Lawyer Representing Head and Spinal Cord Injury Victims
For more than 35 years, our Law Firm has been representing individuals who have suffered serious injuries as the result of another person or party’s negligence. If you or a loved one has suffered a closed head injury, paralysis, or another catastrophic injury in an accident, contact a personal injury lawyer as soon as possible.

Contact our law office by calling toll-free to discuss your case in a free initial consultation. Spanish language services are available.

Closed Head Injuries
A closed head injury is caused by blunt force trauma to the head. These types of head injuries are often the result of a car accident, truck accident, or motorcycle accident.

The effects of a closed head injury (including traumatic brain injury, or TBI) can be significant. Although a brain injury affects each victim differently, many experience memory loss, seizures, sleep problems and decreased cognitive functioning. Ultimately, a brain injury can cause strain on relationships and affect an individual’s ability to work.

Paralysis
Injuries to the spinal cord can result in paralysis. If you or a loved one have suffered an injury resulting in paraplegia, quadriplegia, or another form of paralysis, it is important to seek legal representation as soon as you are physically able to do so.

Our firm understands the physical as well as financial considerations involved in an accident case resulting in paralysis. We are prepared to seek maximum compensation on behalf of individuals who have suffered serious injuries. If you have become paralyzed as the result of another person or party’s negligence, we can seek compensation for medical costs, rehabilitation, lost wages, pain and suffering, and other damages.

Contact Us
Schedule a free initial consultation at our law firm by calling us toll-free. We accept cases on a contingency fee basis. You pay us nothing unless we recover compensation for you.

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Car Insurance Issues

Helping You Collect on Your Insurance Policy – Attorney With 25 Years of Experience
Let’s be honest. Insurance companies are generally more concerned with making profits than providing the help you desperately need. Because dealing with insurance companies is often a complex and very frustrating process, it is important to retain the help of an experienced lawyer who understands how insurance companies work.

At our law office, we have 25 years of experience getting our clients the money they are entitled from their insurance providers. If you have been involved in a car accident and your insurer refuses to provide the money rightfully owed to you, don’t sign any papers. Let us take the burden off of your shoulders.

Contact us toll-free to discuss your claim in a free initial consultation. Spanish language services are available.

Collecting on Your Policy
Depending on the details of your case, you may be entitled recover compensation for:

Medical expenses
Lost wages
Pain and suffering
Motor vehicle repairs or replacement
A single night in a hospital is extremely expensive. If you are like most people, you can’t afford to pay for high-cost medical care out of your own pocket. You have personal injury protection in your insurance agreement which stipulates that your insurance provider is responsible to pay the first $10,000 in medical bills. This is true even if you are the party responsible for the accident.

Accidents With Uninsured or Underinsured Drivers
As a benefit that you pay for as part of your policy, you may be covered by your own insurance provider when an uninsured or underinsured driver causes an accident with you.

By charging on a contingency fee basis, we are able to provide you with exceptional legal representation while limiting your financial risk. You will not pay us a dollar unless we help you reach a beneficial settlement or favorable judgment.

Contact our firm toll-free to schedule a free initial consultation and discuss your claim. A Spanish translator is available.

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Car Accident Injuries

Car Accident Lawyer Representing Car Accident Victims for More Than 25 Years
At our law office, we represent individuals who have been injured in car accidents. If you or a loved one has been seriously injured in an auto accident, it is important to understand your legal rights and explore your options as soon as possible.

Contact us toll-free to schedule a free initial consultation. A Spanish translator is available.

Injuries Resulting from Car Accidents
At our law office, we represent people who have suffered serious injuries resulting from car accidents:

Broken bones
Head and neck injuries
Back injuries
Spinal cord injuries
Closed head injuries/paralysis
Fatal injuries/wrongful death
A car accident can have a serious economic impact on your life. Few people are equipped to deal with the financial effects of an accident. Initial medical expenses, hospitalization, rehabilitation, and long-term medical care can cripple your family’s budget.

Our firm can help you deal with the financial considerations of your accident and injuries. We will seek compensation to cover all medical costs, as well as other compensation for lost wages, pain and suffering, and other expenses. While you focus on making a physical recovery, we can manage the legal and financial aspects of your case.

Contact Us
To schedule a free initial consultation at our law firm, please contact us today. We accept cases on a contingency fee basis to limit your financial risk. You pay us nothing unless we recover compensation for you.

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Lawyers Focusing on Personal Injury

Spouses, children, parents, grandparents, brothers, and sisters of wrongful death victims may be eligible to recover damages from the person(s) responsible. Wrongful death is a term used to describe a situation where a person is killed as a result of the negligence of another.
At our Law Firm, our lawyers will meet personally with each member of the family to learn as much as they can about what the loss of the family means to the surviving family members.

In the case of motor vehicle accidents, family members may be entitled to immediate death benefits and funeral expenses to assist in immediate expenses arising from their loss.

Claims are often available for the lost income and support as well as, loss of services normally provided by the deceased.

Family members may be entitled to make a claim to recover their losses and damages, including out of pocket expenses reasonably incurred for the benefit of the deceased, a reasonable allowance for travel expenses incurred during the deceased’s treatment or recovery, the provision of nursing, housekeeping, and other service provided to the deceased, a reasonable allowance for loss of income or the value of the aforesaid service.

In addition, there may be a claim to compensate for the loss of guidance, care, and companionship that family members might reasonably have expected to receive had the deceased not been killed.

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Premises Liability Claims

Home / Areas of Expertise  /  Premises Liability Claims
Premises liability claims refer to accidents that occur due to negligent maintenance or hazardous conditions upon property owned by someone other than the injured victim. The owner of the premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises are reasonably safe while on the premises. Owner’s liability accidents can include but are not limited to slip and fall accidents caused by:

snow and ice
improperly constructed staircases
wet floors
uneven floors
worn carpeting
poor lighting
worn or broken staircases
worn or broken sidewalks or steps
Prompt legal advice and attention to these claims are essential. Often the evidence to establish negligence on the owner of the property will not be available indefinitely. Also, in certain circumstances, the injured victim is required to give notice of their claim to the property owner within days of the incident occurring, or else the claim could be barred forever.

Our attorneys are skilled negotiators with an excellent settlement success rate through alternative dispute resolution, such as mediation and arbitration. However, where a trial may be necessary, we have a team of experienced trial lawyers with proven trial expertise.

Our firm has an admirable record of successful trial results and settlements for its clients and has the respect of insurance companies, Mediators, Arbitrators, and Judges. We have earned the respect of our colleagues and they frequently refer us their more complex Premises Liability cases.

Affordability should not be a concern for people that seek our help. Subject to certain exceptions, we will take on your case and agree to be paid only if we are successful in achieving a settlement or judgment at trial. That means you would only be required to pay the lawyer’s fees if a settlement is achieved or judgment is obtained at trial. If the case is not successful then you would not be charged any fees.

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Injury Settlements

Home / Areas of Expertise  /  Injury Settlements
Our attorneys are skilled negotiators with an excellent settlement success rate through alternative dispute resolution, such as mediation and arbitration. However, where a trial may be necessary, we have a team of experienced trial lawyers with proven trial expertise.

If you are contemplating a settlement of your case, please feel free to give us a call for a free consultation.

For over 25 years we have been dedicated to helping people who have been seriously injured or who have lost loved ones due to the negligence of others.

To ensure that you are fairly compensated for your injuries and that your future needs are adequately provided for, the support of experienced legal counsel is critical.

Understanding the intricacies of insurance law during a stressful period of your life, such as the recovery phase following a traumatic injury, can prove to be very complicated. At our Law Firm, our personal injury team takes a special interest in the rehabilitation of the injured person.

We work together with your clinical team, family and insurer to optimize the effectiveness of assessments, treatment plans and benefits under your respective accident benefit plan. Our access to a network of established professionals permits continuity and expeditious handling of your litigation so that resolution of your claim can be achieved as soon as the relevant diagnoses are known and your future needs may be properly anticipated.

We are available for hospital and home visits to advise of your rights and to take those necessary early steps to protect you and your family.

Affordability should not be a concern for people that seek our help. Subject to certain exceptions, we will take on your case and agree to be paid only if we are successful in achieving a settlement or judgment at trial. That means you would only be required to pay the lawyers fees if a settlement is achieved or judgment is obtained at trial. If the case is not successful then you would not be charged any fees.

Our Law Firm has an admirable record of successful trial results and settlements for their clients and has the respect of insurance companies, Mediators, Arbitrators and Judges. We have earned the respect of our colleagues and they frequently refer us their complex personal injury cases.

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Short Term Disability Benefits

Home / Areas of Expertise  /  Short Term Disability Benefits
If you have purchased a disability plan or work for a company that includes a disability plan in their benefits package then you have made a responsible and intelligent decision. These plans are your protection against unforeseen injury, accident and illness. However, many insured individuals are surprised by how difficult it can be to apply and collect benefits. Insurance companies are in business to make a profit. It makes business sense for them to delay or deny claims.

Our attorneys have handled hundreds of disability claims successfully. We can help with the application or appeal process and help get you the benefits you need quickly. We have the knowledge and resources to get the job done. If the insurer has treated you in bad faith, you may be entitled to punitive or aggravated damages in addition to your monthly benefits.

Our Law Firm realizes that at a time when you are unable to work due to injury or illness your financial resources will be compromised. That is why in almost all cases we will work on a contingency fee basis, which means you do not have to pay any money until your case is settled or successfully won at trial.

Our attorneys are skilled negotiators with an excellent settlement success rate through alternative dispute resolution, such as mediation and arbitration. However, where a trial may be necessary, we have a team of experienced trial lawyers with proven trial expertise.

Our firm has an admirable record of successful trial results and settlements for their clients and has the respect of insurance companies, Mediators, Arbitrators and Judges. We have earned the respect of our colleagues and they frequently refer us their complex insurance cases.

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Car Accident Attorney

No one anticipates being in an auto accident. The shock of being hit by another car or striking someone else with your vehicle can prevent you from taking the proper steps to protect yourself. The advice of a good auto accident attorney can be invaluable to you at this time, particularly if you have to deal with insurance company adjusters. If you are involved in a car crash, the best thing you can do is call an experienced car accident attorney to help guide you through the process.

Understanding Auto Accident Laws in Texas
If you aren’t familiar with Texas auto accident laws, you may end up doing things to harm your case without even realizing it. For example, many clients do not realize that the insurance company does not work for them. Though you pay the premiums, they are not like a doctor or an attorney, who is in business to try and help you. The insurance company is in business to make money, and part of the way they do so is by offering you as little as possible for your claim. Speaking to an insurance adjuster is not mandatory under auto accident laws, nor is it a good idea.

Instead of taking that risk, simply notify your insurer that you have been in an accident, and let one of our attorneys do the negotiating for you. With many years as successful trial attorneys under our belt, we are up to speed on every nuance of the auto accident laws in Texas. We can offer you our services to help you mediate a settlement with an insurance company, or to help you should the case come to trial.

Reasonable Fees for our Attorney Services
With our client-based fee system, our services are affordable for everyone. Contact us to find out more about how we make our services affordable for clients throughout Texas.

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Car Accident Attorneys

Our car accident attorneys are aware of just how many Americans rely on their cars to get them where they need to go. Unfortunately, while automobiles are almost necessary to get us from place to place, they also place those who use them in considerable danger. In fact, every year millions of Americans are injured in car accidents. In some cases, these accidents are no one’s fault, but rather the unfortunate result of circumstances beyond anyone’s control. However, far more often, car accidents are caused by recklessness or negligence on the part of one or more parties.

Those who have been involved in a car accident often must cope with significant consequences that can affect nearly every aspect of their lives. Among other consequences, car accident victims typically must seek costly medical care, spend time away from work while recovering from their injuries, and pay for the damages to their vehicle. All of these consequences can exert a serious toll on the financial resources of the accident victim and their family.

If you or someone you know has suffered an injury in a car accident caused by another person, you shouldn’t have to pay for the consequences on your own. Fortunately, with the help of an experienced attorney, you may be able to get the compensation you need in the aftermath of this unfortunate circumstance. Contact our car accident lawyers today to speak with a qualified legal professional about the details of your case and learn more about the legal options that may be available to you in this situation.

Our Practice Areas
Car accidents can occur in a wide variety of different ways, and it’s important to have an attorney who understands what it takes to represent these different types of cases in order to ensure that your case has the greatest possible likelihood of a favorable outcome. At our Law Firm, we are prepared to help those whose cases involve:

Truck/18-wheeler Accidents
Motorcycle Accidents
Pedestrian Accidents
Rollover Accidents
Auto Defects
Speeding Accidents
Reckless Driving Accidents
Road Defects
Drunk Driving Accidents
Insurance Claims
Whether you have suffered as a result of these or other types of car accidents, we can possibly get you the help you need. Our team of experienced, knowledgeable legal professionals helps our clients navigate the legal system in this difficult time, allowing them to focus on what matters most while pursuing the compensation they need.

Contact Us
Drivers who cause others to suffer as a result of their own irresponsible behavior need to be held accountable for the consequences that their actions have had. If you or someone you know has been the victim of a car accident caused by the recklessness or negligence of someone else, you should contact an experienced legal professional for help in getting the justice you are seeking. Contact our car accident attorneys today to discuss your case with a qualified member of our legal team and learn more about your rights and options under the law.

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Truck Accident Lawyers

While large commercial trucks fill highways, interstates, and other public roadways, transporting billions of dollars worth of goods across the country every day, our truck accident lawyers are all too aware of the serious threat these large vehicles can pose to other motorists on the road. Because of their considerable size, any accident involving an 18-wheeler or other large truck is often far more devastating in its consequences than a typical car accident would be, potentially leaving drivers with life-altering physical damages or worse.

Aside from the pain and suffering that may be caused by the injuries resulting from a truck accident, there are many other consequences with which accident victims may have to cope. Among other repercussions, these often include expensive medical bills from treatment for the injury, both in the immediate aftermath and later on if physical rehabilitation is necessary, as well as potentially substantial losses of income, either from time spent away from work recovering or permanently reduced earning potential.

No one should have to pay for these types of consequences by themselves. If you or someone you know has been the victim of a truck accident that was caused by the reckless or negligent actions of someone else, you may be entitled to seek compensation for your losses and suffering. Contact our truck attorney today to speak with a qualified legal professional about the details of your case. We make it our priority to fight aggressively to protect the rights and interests of our clients when they are going through such a situation.

Truck Accident Injuries
Truck accident injuries may be caused in a number of different ways. The most significant cause is typically the impact of the accident itself. However, there are other issues relating to truck accidents that may have the potential to cause serious physical harm to the accident’s victims, including fires that may occur as a result of fuel tank explosions and exacerbation of injuries due to the attempts of medics to remove injury victims from the scene of the accident.

The actual injuries which may occur as a result of an accident with a large commercial truck can vary significantly. However, some of the most common truck accident injuries include the following:

Severe contusions
Broken bones
Internal organ damage
Severe burns
Spinal cord injuries
Traumatic brain injury
The consequences that these and other types of injuries caused by a trucking accident can have a devastating effect on the lives of those who are affected. Whether you have suffered these or any other types of truck accident injuries, our team of experienced legal professionals may be able to help you fight for the justice you are seeking.

Contact Us
If you or someone you know has suffered injuries in a truck accident caused by another person’s negligence, the responsible party should be the one to bear the burden of their actions. Contact our truck accident lawyers today to discuss your case with an experienced member of our legal team and find out how we may be able to help you hold these individuals liable for their transgressions.

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Speeding Accident Lawyers

Speed limits are put in place for a reason; these limits are supposed to provide drivers with the maximum safe speed that allows traffic to flow at a steady rate while avoiding unnecessary dangers to motorists and pedestrians alike. When drivers violate these limits, their reckless speeding puts everyone else on the road at risk. If these drivers’ dangerous decisions result in a collision, we believe they should be held responsible for whatever injuries their poor judgment caused.

If you or someone you love has sustained an injury because of a driver’s thoughtless speeding, we have the skills and experience to fight for the justice and compensation you may deserve. To learn more about your rights and options after a car accident and how we may be able to protect your interests, contact our speeding accident attorneys today.

The Dangers of Excessive Speeding
Speeding accidents, especially those with drivers exceeding the designated speed limits greatly, can be extremely dangerous and cause devastating injuries to those involved. These accidents may be particularly common in the following instances:

Speeding when road conditions are slick or otherwise unsafe
Speeding through a turn or into a corner
Speeding through otherwise slow-moving traffic
Speeding through a pedestrian area or crosswalk
Speeding through a school zone
Motorists and pedestrians suffer all too often because of speeding driver’s errors. As such, when they cause you or a loved one harm, they deserve to be held accountable for their recklessness and its ensuing repercussions.

Contact Us
An injury caused by a speeding driver may leave you and your family with considerable financial burdens due to medical bills, out-of-pocket expenses, and lost wages. You don’t need to suffer from these injuries and expenses alone, however. Our speeding accident lawyers are dedicated to supporting the victims of speeding accidents and may be able to help you. Call us today to discuss your situation with an understanding and skilled attorney.

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Bicycle Accidents

Bicycle Accident Lawyer – FREE CONSULTATIONS • CALL TOLL-FREE • HABLAMOS ESPAÑOL!
People come to Texas from all over the world to enjoy our beautiful scenery and wonderful weather. It’s no wonder people like to get out and bike — yet there are very few dedicated bike paths. Most bicyclists have to risk sharing the road with cars.

For hundreds of bicyclists every year, taking that risk results in serious injury. Vehicles pull out in front of cyclists before the biker has a chance to stop. Cars hit bikers at corners when they fail to double-check that they have room to turn. Cars and trucks even run over bicyclists. For more than 100 Texas bike riders each year, a bike ride ends in death.

Don’t let a bicycle accident derail your future. Hire an attorney with the experience and skill needed to get you the fair compensation you deserve. Call toll-free for a free initial consultation.

Our Law Firm has highly experienced injury attorneys. In our almost 25 years of practicing personal injury law, we have secured a number of verdicts and settlements of over $1 million dollars.

Common bike accident injuries include knee and leg injuries where a car collided with the biker, collarbone and shoulder injuries if the cyclist hit the hood or windshield of a car and brain injuries caused by a cyclist being thrown into the roadway.

WHAT IF THE BIKER WASN’T WEARING A HELMET?
Under Texas law, bicyclists aren’t legally required to wear a helmet. However, if you suffered a head injury and you weren’t wearing a helmet, you could be found “comparatively negligent” for your injuries. That means that you have some degree of fault for the severity of your injury. Your final settlement could be reduced by the amount of fault assigned to you.

WHO WILL PAY THE BILLS?
If the bicyclist also owns a car — or the injured biker was a child and someone in the household owns a car and has insurance — your personal injury protection (PIP) policy on your car insurance is intended to cover your medical bills. If you do not own a car, the PIP coverage of the person who injured you typically covers your injuries.

Learn about uninsured and underinsured motorists
Hire a lawyer you can trust to pursue fair compensation in a bicycle accident injury case. Call our law office toll-free for a free initial consultation. You can also contact us online and we’ll get back to you shortly to discuss your accident.

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Car Accidents

Texas Car Accident Lawyer – CALL TOLL-FREE • FREE CONSULTATION • HABLAMOS ESPAÑOL!
A car accident can happen in an instant, but the injuries and disability that result can last a lifetime. If you’ve been in a car accident, you have a lot of questions:

Will you be able to get the medical care you need?
When — and how — will your medical bills get paid?
What if you can’t work? What if you can never do the work you used to do again?
You don’t have to face this difficult time alone. At our Law Office, we stand up for the rights of car accident victims and their families. Our goal is to ensure you get full and fair compensation for your injuries, lost wages, and other expenses and that you receive the medical care you need to recover from your car accident injuries.

If you’ve been injured in a car accident, contact our law office toll-free for a free initial consultation.

TENACIOUS AND AGGRESSIVE REPRESENTATION
Our injury attorneys pursue every claim tenaciously. Our determination to ensure our clients get the medical care they need means we never settle for less money than they deserve. We will take a case to court if the insurance company refuses to be fair.

THOROUGH INVESTIGATION OF EVERY PERSONAL INJURY CASE
Our team personally ensures every case is thoroughly investigated for evidence and witnesses who can prove who was at fault. We also look for every possible source of compensation, including the injured person’s own insurance company in cases involving uninsured and underinsured motorists.

Our firm has handled hundreds of car accident cases such as:

Rear-end collisions causing whiplash and lower leg injuries
Rollover accidents causing head injuries and spinal cord injuries (paraplegia and quadriplegia)
Collisions with trucks and commercial vehicles, which have often resulted in death to the car occupants.

Hire a lawyer you can trust to pursue fair compensation. Call our law office toll-free for a free consultation.

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Emergency Rooms Errors

In the unfortunate event of a medical emergency, you need to rely on hospital emergency room care to treat your injuries or save your life. Unfortunately, medical errors and malpractice happen more frequently than they should. If you received incorrect medical treatment and your condition became worse, or if you lost a loved one due to an emergency room error, it is important to find an experienced emergency room malpractice attorney with proven results to represent you in your claim.

Some common emergency room errors include:

Inaccurate diagnosis of a patient’s illness
Prescribing the wrong medication
Misreading tests or X-rays
Failure to order the proper tests
Sometimes patients come into the emergency room with serious medical conditions like strokes, meningitis, or heart attack, but are mistakenly diagnosed with a less serious illness and sent home. Medical errors like these can be fatal and can be grounds for a wrongful death claim. Another common error is when a doctor prescribes the wrong type of medication or wrong dosage or fails to give adequate instructions upon discharging the patient. Emergency room errors also happen if a doctor misinterprets a patient’s test results and x-rays, leading to incorrect medical care. Sadly, these preventable errors can result in serious injury or death.

Our Law Office can represent you in your negligence or wrongful death claim and help you recover compensation for your injuries. For the past 25 years, our emergency room malpractice lawyers have achieved major legal victories for clients who have been the victims of medical negligence and emergency room errors.

At our Law Office, we explore every legal avenue so that our clients can get the maximum compensation possible for their injuries. We do extensive preparation for emergency room error cases by researching the hospital records, consulting medical experts, and doing thorough legal research. At our firm, you can rest assured that we are doing whatever we can to provide you with the highest quality, aggressive legal representation. Our initial consultations are absolutely free, and if we take your case, we will give you the personal phone number of your attorney so that you can call him 24 hours a day, 7 days a week.

If you have suffered injury or lost a loved one because of an emergency room error, contact our Law Office today to discuss your claim with us. We will be happy to answer your questions and advise you about your legal options. Contact our office toll-free to set up a free initial consultation with an experienced emergency room error attorney.

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Improperly Treated Strokes – Every Second Counts

MEDICAL MALPRACTICE • MISDIAGNOSIS OF STROKE • FAILURE TO DIAGNOSE
When a stroke hits, every second counts. Oxygen stops flowing to the brain, and irreversible damage is done with every second that passes. If a doctor fails to recognize the obvious warning signs of stroke – it might be malpractice.

Our experienced attorneys have an excellent reputation for handling litigation that arises from mishandled strokes. If you were harmed, or a loved one was, by a doctor’s improper treatment, our office toll-free for a free consultation.

DON’T IGNORE THE WARNING SIGNS OF STROKE!
Most people at risk for a stroke understand the warning signs. Since strokes are fairly common, it only follows that a doctor should be able to recognize the warning signs, too. You and your doctor should both be on high alert whenever you see the following symptoms:

Dizziness
Headache
Loss of vision in one eye
Numbness going down into one extremity (like a hand or finger)
Nausea
Once the warning signs begin to appear, the patient has three hours to receive the drug tPA, which stands for “Tissue Plasminogen Activator.” Otherwise, the stroke victim will suffer severe irreversible damage. If tPA is never administered, the consequences may be devastating.

When doctors miss these obvious warning signs, the results can be fatal. In some cases, the oversight may be so egregious as to constitute negligence.

If you or a loved one suffered harm as the result of a doctor’s negligence, call toll-free to schedule a free initial consultation.

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Premises Liability

Premises Liability Attorney – SLIP AND FALL • TRIP AND FALL • INADEQUATE SECURITY
Property owners have the duty to make sure that their property is safe. Whether that means maintaining tight security or just keeping the floor cleared of trip hazards, any injuries caused by property conditions can be grounds for a premises liability lawsuit.

The injuries caused in premises liability cases can be disabling, traumatic, and even fatal. Make sure you find a lawyer you can trust to pursue and attain the settlement you deserve.

FREE CONSULTATIONS • HABLAMOS ESPAÑOL!
For a free consultation at our Law Office call us toll-free.

Our firm has handled personal injury cases for many years. Our tenacious, reputable advocates can be reached 24 hours a day, 7 days a week. All clients receive their attorney’s personal cell phone number.

INJURIES FROM INADEQUATE SECURITY
As the economy has tightened, the owners of apartment complexes, parking garages, and other properties have cut back on security as a way to save money. Of course, this is unacceptable – if they needed a security system before, why don’t they need one now?

There’s no real limit to the damage a criminal can do to a victim. Providing inadequate security is a blatant example of landowners putting profits before people.

“SLIP AND FALL” OR “TRIP AND FALL” ACCIDENTS
Restaurants, grocery stores, shopping malls, big-box retailers, motels – all of these places advertise to attract customers in droves. It’s their responsibility to make sure that their stores are safe. Slippery floors, poorly lit stairwells, cluttered hallways, and other hazards can endanger their customers’ health and lives.

If you’ve been injured, call our office toll-free for a free consultation to discuss premises liability lawsuits.

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Rollover Accidents

Texas Rollover Accident Lawyer – FREE CONSULTATIONS • CALL TOLL-FREE • ¡HABLAMOS ESPAÑOL!
A rollover accident can be the result of a number of situations. For example, a T-bone collision at an intersection can knock a vehicle onto its side. A sideswipe impact that runs a car off the road can cause it to flip. However they occur, rollover accidents can cause some of the most catastrophic injuries of any type of car accident.

If you’ve been injured in a rollover accident, or if a loved one died when a car or light truck rolled over, contact our law office toll-free for a free initial consultation.

THOROUGH INVESTIGATION OF EVERY PERSONAL INJURY CASE
Our legal team ensures that all evidence is gathered and all witnesses are interviewed to determine the cause of the rollover accident and our client’s injuries.

Our determination to ensure our clients get the medical care they need means we never settle for less money than they deserve.

GETTING YOU MAXIMUM COMPENSATION FOR SERIOUS INJURIES
Brain damage and crushing head injuries can result if the roof of the vehicle caves in during a rollover. If a passenger or driver was not wearing a seatbelt, they may be ejected from the vehicle when it rolls, causing broken bones, spinal cord injury, paralysis, or quadriplegia.

We help our injured clients access medical experts who can help them get an accurate diagnosis and the right kind of therapy to reach maximum physical recovery. Some people will never achieve full physical recovery and will need ongoing medical care or help with daily life tasks — if that happens, we will fight to make sure the compensation our clients receive covers those costs today and into the future.

Hire a lawyer you can trust to pursue fair compensation. Call our law office toll-free for a free initial consultation.

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Spinal Cord Injury

Spinal cord injuries are among the most serious traumatic injuries that can occur, and the consequences on your life can be devastating. An experienced spinal cord injury attorney understands the nature of these injuries and can help you get the compensation you need and deserve.

Every year in the United States, there are about 11,000 people (30 per day) who suffer a spinal cord injury. Some common causes of spinal cord injuries are motor vehicle accidents, slip and falls, sports injuries, disease, or violent acts. Injuries to the spinal cord often happen after a traumatic blow that dislocates or fractures vertebrae in the spine. Some signs of a spinal cord injury can include loss of muscle function, severe pain in the back and neck area, numbness, spasms, reduced sexual function, and/or incontinence. Sometimes a person who has suffered a spinal cord injury does not know he or she has a permanent condition and does little to treat it. However, in the case of a spinal injury, the patient needs specialized medical treatment for a successful recovery.

Unfortunately, spinal cord injuries are serious and often result in paralysis. Paraplegia paralysis means that the paralysis is in the lower body and legs, while quadriplegia paralysis refers to paralysis in the entire area below the neck. Individuals with spinal cord injuries often never fully recover and need special assistance for the rest of their lives.

If you or someone you love has suffered a spinal cord injury due to the negligence of another, it is crucial to find an experienced personal injury attorney who can competently represent you. Our Law Office has successfully represented clients for the past 25 years. Our spinal cord injury lawyers have won significant legal victories for clients who have suffered from traumatic spinal cord injuries.

At our Law Office, we always try to obtain the maximum level of compensation possible for each client. We believe in thorough preparation and we do extensive research of hospital records and work with medical experts to build the strongest case possible. We believe in providing the highest quality, proactive legal representation for you. Our initial consultations are always free, and all of our clients receive their attorney’s personal cell phone number so that they can feel free to contact him 24 hours a day, 7 days a week throughout the representation.

If you or a loved one has suffered a spinal cord injury because of someone else’s negligence, contact our Law Office right away. You can reach our office by calling toll-free to set up a free initial consultation with an experienced spinal cord injury attorney.

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Immigration 4/57/21 – gtg

Appellate court calls for immigration injunction to stay in place

The historic plan to prevent the deportations of millions of undocumented immigrants encountered yet another legal obstacle earlier this week thanks to the holding of a federal appeals court.

To recap, the Attorneys General of 26 states asked a federal judge in Texas to issue a preliminary injunction shutting down the immigration actions back in February on the grounds that it exceeded executive authority.

The federal judge ultimately granted the preliminary injunction and later refused a request by the Department of Justice to lift it while the matter was pursued on appeal, holding that no irreparable harm would result.

The DOJ subsequently filed an appeal with the U.S. Court of Appeals for the Fifth Circuit, requesting that it not only lift the injunction but allow the immigration programs to take effect during the pendency of the litigation.

In recent developments, a three-judge panel denied the DOJ’s request for an emergency stay or, at the very least, an order limiting the effect of the injunction to the 26 states challenging the executive authority.

Specifically, in a 2-1 ruling, the court dismissed claims by the DOJ that the AG’s of the 26 states lacked legal standing to file the lawsuit and that irreparable harm would result if the immigration initiatives were not permitted to be rolled out.

“The actions were designed to bring greater accountability to our broken immigration system, grow the economy and keep our communities safe. They are squarely within the bounds of his authority, and they are the right thing to do for the country,” said a White House spokesperson in response to the ruling.

It should be noted, however, that legal experts are indicating that this panel’s refusal of the DOJ’s request for an emergency stay doesn’t necessarily forecast a defeat on the larger issue of the agency’s appeal of the injunction. Indeed, a different panel could side with the government and lift the injunction.

It will be fascinating to see what transpires in the coming months concerning the plans to limit deportation. Oral arguments are currently scheduled.

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Is the new federal program just a sequel to Secure Communities?

The administration drew praise from both law enforcement officials and immigrant advocacy groups when it was announced the termination of the Secure Communities program and the introduction of the Priority Enforcement Program, which is focused on deporting “felons, not families.”

Interestingly, praise for the Priority Enforcement Program is now waning over criticism that it is perhaps not all that different from its predecessor.

Under Secure Communities, a database operated by Immigration and Customs Enforcement was linked with local jails, such that people booked into custody had their fingerprints run.

In the event they were flagged in the system, an “ICE detainer” would be issued asking locals officials to keep them in custody until such time as they could be picked up by agents — sometimes beyond the length of their jail term.

Given that Secure Communities resulted in the deportations of not just violent, repeat criminals, but also vast numbers of undocumented — and innocent — immigrants, around 250 cities and counties passed legislation strictly limiting involvement in the federal program.

In recent developments, officials with both ICE and the Department of Homeland Security have recently been traveling to cities and counties across the nation to pitch the advantages of the Priority Enforcement Program, which they’ve been touting as “a kinder and gentler” version of Secure Communities.

Thus far, however, it appears as if many communities — and immigrant advocacy groups — have been unresponsive to the Priority Enforcement Program, which they say is perhaps just too similar to Secure Communities.

Specifically, they have the following questions:

Will the Priority Enforcement Program continue to have ICE agents examine fingerprints?
Will the Priority Enforcement Program truly focus on violent, repeat criminals and leave those whose only crime is entering the U.S. illegally alone?
For their part, both ICE and DHS are arguing that while they are indeed committed to deporting “felons not families,” they need some degree of cooperation from local law enforcement in order to make this happen.

Stay tuned for updates on this fascinating story …

If your loved one is being detained on an immigration violation, be certain to consider contacting an experienced legal professional to learn more about the law and the available options.

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You don’t need to panic if your petition is denied

There’s no question that it can be utterly devastating to be on the receiving end of an otherwise unfavorable decision handed down by either an immigration judge or an official with U.S. Citizenship and Immigration Services.

Indeed, imagine learning that your attempt to secure U.S. citizenship via the naturalization process has been denied or that your bid to secure a nonimmigrant visa has been denied after months of anxious waiting.

As discouraging as all of this can be, it’s imperative to understand that this may not be the end of the road, as you may have viable legal options in these situations.

For instance, depending on the circumstances, you may be able to file a motion to have your case reopened and the denial reviewed, or even file an appeal with the Board of Immigration Appeals.

Our firm understands how difficult this uncertainty over immigration matters can be for people and their families. As such, we always conduct a timely yet comprehensive review designed to determine whether an appeal or motion to reopen is appropriate in a given case and, if so, take the necessary measures.

Our founding attorney has considerable experience with all manner of immigration law issues and has successfully reopened immigration cases. He is prepared to help with any and all immigration appeals.

It is important to note, however, that any appeal must be undertaken within 30 days of the immigration judge’s decision, meaning time is truly of the essence.

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Providing strong legal advocacy and representation to individuals facing deportation

The United States was founded by immigrants who, despite their many differences, all shared a common dream–having the opportunity to build a better life. Despite the fact that our country’s founding fathers were all immigrants, today’s U.S. immigration laws are often restrictive and punitive for those who come to the U.S. and hope to build a better life.

For today’s U.S. immigrants, laws that govern the immigration and naturalization process are often complex and difficult to comprehend. It’s advisable, therefore, to seek the advice and assistance of an attorney.

From an individual who wishes to obtain a green card or visa to an individual who is seeking asylum, an attorney who is well-versed in all matters related to U.S. immigration and naturalization can explain the process, assist in obtaining required documentation and represent individuals who face immigration challenges.

For anyone who is attempting to stay and live in the U.S., the threat of deportation is often very real. In cases where an individual receives a summons to appear at an immigration removal hearing, it’s critical to secure strong legal representation. An individual may face the threat of deportation for a number of reasons including criminal charges or convictions as well as other visa or green card violations.

For U.S. immigrants who are facing deportation, an attorney at our Law Office can provide strong legal advocacy and representation. Our attorneys exclusively practice immigration law and are committed to assisting individuals who wish to come to and stay in the U.S. to do so by following the correct legal procedures.

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ICE issues new guidelines for transgender detainees

While the detention policies of U.S. Immigration and Customs Enforcement have long faced criticism from both immigration advocates and human rights groups, one policy, in particular, has recently been drawing intense condemnation: the treatment of transgender detainees.

According to statistics, there are roughly 60 transgender detainees currently being held in ICE detention centers across the country. Of these 60 transgender detainees, close to 25 are being held in a special unit in a California-based facility, while the rest are kept in the general population according to their biological gender, not the gender with which they identify.

Experts indicate that this latter practice of keeping transgender detainees in the general population is not only problematic from a human rights perspective, but from a safety perspective as they are at an increased risk of assault.

Fortunately, it appears as if real changes are now in the works following the issuance of new guidelines by ICE to its detention staff this past Monday.

These new guidelines call on detention staff to consider the preferences of transgender detainees when making decisions related to everything from pronoun use to housing and clothing.

Furthermore, the ICE guidelines indicate that detention staff will be trained on how to draft individual detention plans accounting for important items like safety and hormone therapy and that the agency itself will start gathering more data on this important issue going forward.

While many have acknowledged this guidance from ICE as a good start, still others are less than enthused. Indeed, groups like Immigration Equality argue that in light of the fact that transgender people make up such a small percentage of the overall detainee population, yet face such a heightened risk to their personal safety, it makes the most sense for them to be offered detention alternatives much like those suffering from serious health conditions or pregnant women.

It will be interesting to see whether this guidance is indeed adopted by detention staff. Stay tuned for updates.

If your loved one was picked up by ICE and is now being held in a detention center, consider speaking with an experienced legal professional as soon as possible to learn more about the law and your options.

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Form I-130 and the road to legal immigration

There are many benefits afforded to an individual who is born outside of the U.S. and decides to take steps to become a U.S. citizen. In addition to being able to legally live and work in the U.S., an individual who is granted permanent U.S. citizenship status is also allowed to sponsor relatives who wish to immigrate to and become U.S. permanent residents.

For anyone who wishes to immigrate to the U.S., it’s important to abide by the strict regulations and protocols established by the U.S. Citizenship and Immigration Services. This is especially crucial for individuals who are sponsored by a relative who is a U.S. citizen and who wish to also eventually become a permanent or naturalized U.S. citizen.

The process of legally immigrating to the U.S. can be a long, complicated and frustrating one. It may be wise, therefore to consult with an attorney who handles immigration matters and who can assist in ensuring that an individual’s application, forms and required fees are completed, filed and paid in a timely manner.

For an individual who has a spouse, parent, adult child or sibling who is a U.S. citizen; he or she must agree to be a sponsor. A U.S. citizen who agrees to sponsor a relative who wishes to immigrate to the U.S. must be able to prove that he or she has the financial means to sponsor or support a relative until that relative is legally able to work in the U.S. A form known as an I-130 is the first step in the legal immigration process.

It’s important to note that the filing of a Form I-130 does not permit an individual to immediately immigrate to the U.S. Rather; an individual must wait until a request to legally immigrate and obtain a Green Card is granted. In cases where a relative is already legally in the U.S. at the time an I-130 is filed on his or her behalf, he or she can submit Form I-485 which is an application to register permanent residence or adjust status.

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Coerced into signing voluntary return forms, Mexican citizens allowed to legally return to the U.S.

America proudly declares that is it the “land of the free and the home of the brave.” The unalienable rights of U.S. citizens are well-documented in the U.S. Constitution, Bill of Rights and Declaration of Independence. Under the decrees of these and other founding U.S. documents, citizens are protected from governmental overreaches related to unauthorized search and seizure and the right to due process.

In the U.S., issues related to immigration continue to be extremely contentious and controversial. This is particularly true when it comes to immigrants from Mexico as, according to data from the Pew Research Center, nearly six million unauthorized immigrants from Mexico currently reside in the U.S.

Despite their illegal status, many Mexicans who come to the U.S. illegally have strong U.S. ties including spouses, children and other family members that were either born in the U.S. or who legally immigrated to the U.S. The vast majority of unauthorized Mexican immigrants are hard-working and law-abiding individuals who simply want to stay with their families and be afforded the opportunity to have a chance at a better life.

In an effort to crack down on illegal immigration, units from the U.S. Immigration and Customs Enforcement and Border Patrol routinely travel to areas that are often hundreds of miles from the U.S. and Mexican border. Consequently, through methods that often involve abuse, deception, and coercion; Mexican citizens who have been in the U.S. for years without issue or instance are sometimes ensnarled in raids and subsequently detained at immigration centers.

Last February, a Southern California federal judge ruled that ICE and Border Patrol agents employed deceptive tactics to coerce “hundreds, if not thousands, of noncitizens,” to sign forms agreeing that they would voluntarily return to Mexico. Due to the illegal actions of ICE and Border Patrol agents, these individuals were stripped of their rights to have their cases, many of which would likely have been successful, decided by an immigration judge.

Recently, six of these individuals walked freely over the U.S. and Mexican border and into the arms of waiting loved ones. They are among the first of likely many who in the coming months will be allowed to return to the U.S. to reside with family members while their immigration case is pending.

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Is the Priority Enforcement Program the solution to the illegal immigration problem?

U.S. Immigration is a hot-button issue with strong and opposing positions on both sides. From those U.S. residents who contend that the U.S. must clamp down on all immigration to those who argue for more lenient and humane policies, the issues related to immigration are complex and polarizing and unfortunately there is no right or simple solution.

While the administration’s attempts to pass legislation that would have allowed many illegal immigrants the ability to legally stay in the U.S failed, the recently enacted Priority Enforcement Program should provide the majority of illegal immigrants a level of protection against deportation. Many illegal immigrants have lived, worked, and raised their children in the U.S. for years. It is these individuals who immigration advocates contend must be protected.

In past years, the Federal government’s Secure Communities program required that local police departments notify federal immigration agents when an illegal immigrant was arrested and that they detain the man or woman until agents arrived. The program, however, was later ruled to be unconstitutional and shut down. Today, roughly 300 U.S. cities have also “passed laws limiting cooperation with federal authorities,” with regard to the notification and detention of illegal immigrants.

A replacement to the Secure Communities program took effect. Under the administration’s Priority Enforcement Program, only those illegal immigrants who pose threats to national security, are known gang members, commit felonies, or have recently been caught illegally crossing the border are subject to deportation. Officials from the Department of Homeland Security estimate that approximately 13 percent or 1.4 million illegal immigrants are included among those now being targeted for deportation.

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How K-1 or fiancé visas can complicate love

They say that love knows no boundaries. This includes national boundaries and is something that any U.S. citizen who has ever met someone special while traveling abroad knows and understands all too well. However, even when it comes to love, the U.S. government has many boundaries and rules with regard to immigration procedures and such policies often prevent U.S. citizens with fiancés from other countries from being together.

For a U.S. citizen who wants to clear the way for a foreign-born fiancé to come to the U.S., a K-1 or fiancé visa must be obtained. However, like all U.S. immigration laws, there are strict conditions and eligibility requirements that must be followed and met.

Upon filing a Form I-129F or a Petition for Alien Fiancé, an individual must prove that he or she is a U.S. citizen and that both parties who intend to marry are not currently married. Additionally, a U.S. citizen must prove that he or she met with a fiancé in person at least one time within the last two years. Lastly, the U.S. citizen and foreign fiancé must marry within 90 days, or roughly three months, from the date that a fiancé enters the U.S.

For some couples, complying with the 90-day marriage requirement can pose many challenges. However, if a couple fails to comply with this requirement, a fiancé’s visa expires and he or she is legally required to leave the U.S. voluntarily or face deportation.

In cases where a U.S. citizen’s Petition for Alien Fiancé is not approved and a K-1 visa not issued, it’s important to investigate what happened and why the petition was rejected. Universally, U.S. immigration forms are notoriously complicated. Therefore, even one small mistake or oversight may keep a fiancé out of the U.S. and delay marriage plans.

An attorney who handles immigration cases can assist individuals with obtaining a K-1 visa and assist couples who run into problems along the way.

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A case for why the U.S. asylum process must be overhauled

A recent Buzzfeed article entitled, “The U.S. Asylum System is Completely Overwhelmed,” highlights the many problems facing what critics charge is an outdated and woefully inadequate part of the U.S. immigration system. In recent years, individuals fleeing the gang and drug violence that has ravaged many Central American countries and Mexico have flooded across U.S. borders. In an effort to stay in the U.S. and avoid deportation back to what for many may be certain death, the number of U.S. asylum cases has grown exponentially.

The U.S. Citizenship and Immigration Services reported that some 95,000 asylum cases were pending. Despite the significant increase in the number of persecuted and desperate individuals seeking to stay in the U.S., the number of asylum cases being processed and decided has not kept pace. Consequently, many asylum seekers are caught in limbo and those who are already in the U.S. are not allowed to legally work or collect any type of federal benefits.

With violent wars and conflicts being waged throughout the Middle East and North Africa, millions of displaced people are fleeing to Europe. As European countries struggle to take in people fleeing from Syria, Iraq, Afghanistan, and Libya; the U.S. has come under criticism for doing too little with regard to helping with the resettlement process.

USCIS records show that currently, the U.S. has granted asylum to a total of 1,078 Syrians. This number pales in comparison to the hundreds of thousands that European countries like Germany have pledged to take in and adds legitimacy to the notion that the U.S. asylum process isn’t only overwhelmed, but—bogged down in bureaucracy and red tape—also broken.

Individuals who wish to seek asylum in the U.S. are often quickly overwhelmed and discouraged by the complicated and lengthy process. An attorney who handles immigration matters can assist in filing an Application for Asylum and for Withholding Removal and provide strong legal advocacy.

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The economics of U.S. immigration policies

There’s no doubt that the United States’ immigration policies are complicated and controversial. Increasingly, the issue has also become highly political with the majority of Republicans favoring anti-immigration policies and Democrats, less restrictive immigration policies.

While it’s easy to become distracted by all of the political posturing and rhetoric, when discussing U.S. immigration, it’s important to examine the issue from an economic standpoint. There were an estimated “11.3 million undocumented immigrants living in the U.S.” Increasingly, these immigrants are women and children who are fleeing the drug-related violence that is ravaging much of Central America.

While some politicians favor the mass deportation of undocumented immigrants, the repercussions and costs associated with these types of actions are significant. Both conservative and liberal political think tanks estimate that the costs of deporting the 11.3 million undocumented immigrants would total between $104 and $304 billion. Additionally, the U.S. would also lose out on the estimated $11.84 billion in annual tax contributions made by undocumented immigrants.

Currently, annually the U.S. spends approximately $5 billion each year to arrest, detain and deport an average of 403,563 undocumented immigrants. In contrast, the Bipartisan Policy Center estimates that a comprehensive reform of existing immigration policies would “reduce federal deficits by $1.2 trillion,” and “spur economic growth by 4.8 percent,” by the year 2035.

When examined, anti-immigration policies including mass deportation ultimately only serve to harm the U.S. economy. Despite this compelling evidence, the issue of U.S. immigration is likely to continue to be a divisive issue in the presidential elections and for many more years to come.

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Why the rights of U.S.-born children are being ignored

Under the United States Constitution, regardless of a parent’s immigration status, children who are born in the U.S. are considered citizens and therefore entitled to all of the same rights and privileges afforded to other U.S. citizens. This declamation was born out of a need to protect the rights of individuals whose parents immigrated to the U.S. and chose to settle and start families here. Today, however, this Constitutional right is being challenged in a state that is no stranger to controversy when it comes to immigration issues.

State officials in Texas have begun denying “U.S. birth certificates to the children” whose parents are suspected of illegally entering the U.S. While Texas officials previously accepted the Mexican-government issued document known as a matricula consular card as proof of the identification of a child’s parents, recently state officials stopped accepting this document.

Without a birth certificate, the parents of these U.S.-born children are encountering difficulties when trying to access healthcare for a child or enroll a child in school. In response, the immigrant parents of 32 U.S.-born children filed a lawsuit against the state. However, despite the fact that Texas officials are blatantly disregarding the Constitutional rights of the plaintiffs, an appellate judge recently denied an emergency order to force officials to accept the Mexican-government-issued I.D. documents.

As the United States as a country and individual states like Texas attempt to deal with immigration challenges, the Constitutional rights of children who are born in the United States must be upheld.

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State Department error affects thousands of highly-skilled H-1B immigrants

As the United States’ immigration policy continues to be a hot-button political and social issue, the focus is often on those who come to the U.S., both legally and illegally, from poor and often violence-ravaged countries. There are, however, many other highly-educated and skilled immigrants who come to the U.S. to fill positions in specialized fields like technology, science and medicine.

These individuals are sponsored by a U.S. employer and are able to work and live in the U.S. via an H-1B visa. A significant percentage of H-1B visa holders have dreams of becoming green card holders, which would allow them to break ties with an employer and change jobs. However, because U.S. immigration policy states that “no country can have more than 7 percent,” of employment-based green cards, it can take years for H-1B visa holders from certain countries to obtain the coveted documents.

Early last month, “tens of thousands of highly skilled legal immigrants,” were informed by the U.S. State Department that their long wait for a green card was finally over. However, the vast majority of these same immigrants received notice that the decision to grant them green cards had been reversed. Caused by a reported miscalculation by the State Department regarding green card quotas, the news left thousands of H-1B visa holders confused, devastated and angry.

Annually, immigration officials are only allowed to issue 140,000 employment green cards. Somehow, an error was made and tens of thousands of H-1B visa holders were notified that they were among those who would finally receive a green card. Several immigrants who were affected by the egregious error have filed a federal lawsuit against the U.S. government, charging that the administration’s actions were “arbitrary and capricious” and that they have suffered monetarily as a result.

Individuals who are in the U.S. on H-1B visas may have many questions and concerns about the U.S. immigration process. From assisting with the green card process to defending against possible deportation, an attorney who handles immigration matters can provide advice, assistance and strong legal advocacy.

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Path to U.S. citizenship is often complicated and full of roadblocks

According to the Migration Policy Institute, roughly 25 percent of the U.S. population are “first or second-generation” immigrants. As countries to the south and across the Atlantic continue to be plagued by economic hardships, violence and political and religious conflicts; it’s likely that the number of people attempting to immigrate, both legally and illegally, to the U.S. will continue to increase.

While the issue and associated problems of illegal immigration are widely publicized, less so are the issues facing the millions of immigrants who attempt to navigate the U.S. immigration process legally to become naturalized U.S. citizens.

According to CNN, annually, an average of 7,000 people become naturalized U.S. citizens. For most, the process to legal U.S. citizenship is a long, complicated and frustrating one. Depending on an individual’s situation, there are a few different paths to U.S. citizenship. For example, in cases where one of a child’s parents is a U.S. citizen, the child is also considered a U.S. citizen regardless of where he or she was born. Additionally, even if a child’s parents are unauthorized immigrants, if born in the U.S., he or she is considered a U.S. citizen.

For an adult who wishes to become a U.S. citizen, the process typically requires the status of being a permanent resident. In order to be considered a permanent resident, an individual must have a valid green card and live in the U.S. for at least five years. Additionally, an individual must be at least age 18, have been physically in the U.S. “for at least 30 months out of the five years,” be of “good moral character” and be able to read, write and speak English.

However, even individuals who fulfill these requirements aren’t guaranteed U.S. citizenship. There may be many roadblocks along the way including green card problems, denied applications, and threats of deportation. For these reasons, an individual who has the goal of becoming a U.S. citizen is encouraged to seek the advice and help of an attorney who handles immigration matters.

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Helping individuals and families overcome immigration challenges

According to the Migration Policy Institute, an estimated 41.3 million immigrants were living in the United States. Historically, the U.S. has been the preferred destination for millions of foreign-born individuals and families who are seeking a better life. In fact, while the U.S. “represents less than five percent of the global population,” an estimated 20 percent of the world’s immigrants come to the U.S.

Perhaps more than ever, the U.S. is deeply divided over whether or how to accommodate the influx of foreign-born individuals. While, in recent years, the Administration has made attempts and some headway with regard to immigration policy reform, for many, the immigration process remains a long, convoluted and often futile process.

Whether an individual is in the U.S. illegally and facing deportation or is engaged to a U.S. citizen and is making plans to come to the U.S. on a fiancé visa, an attorney who handles immigration matters can assist. There are numerous forms, deadlines and requirements that must be properly filled out and met. In some cases, a simple error or misunderstanding can delay or derail an individual’s plans to immigrate to the U.S.

Individuals can contact our Law Office to obtain high-quality legal representation. We have helped individuals and families who are facing numerous types of immigration issues and problems. We are well-versed in all areas of immigration law and take a personal stance in every case and are committed to helping individuals successfully overcome immigration challenges.

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As drug sentencing guidelines change, concerns mount over the rights of foreign inmates

According to The Sentencing Project, an estimated 2.2 million people called a U.S. prison or jail home. This number is higher than incarceration rates in any other country and equates to a 500 percent increase within the last three decades. In an effort to reduce the U.S. incarceration rate, the U.S. Sentencing Commission voted to “redraw federal sentencing guidelines for some drug offenses.” In accordance with the new sentencing guidelines, thousands of nonviolent drug offenders who are serving out prison sentences are slated for early release.

Under the new sentencing guidelines, the release of the first wave of inmates has begun. Over the course of the next few weeks, a total of 6,112 individuals, many of whom were serving lengthy prison sentences for drug offenses, will be released from prisons across the U.S. Of those individuals scheduled to be released, an estimated 1,780 are not U.S. citizens.

Upon their release, these foreign nationals will immediately be handed over to U.S. Immigration and Customers Enforcement agents. While the administration insists that a transfer to ICE custody is “a routine occurrence,” there is growing concern among immigration rights advocates about the fates of these individuals and whether their legal rights to due process will be respected and upheld.

Of those foreign inmates scheduled for early release, deportation orders have already been issued and finalized for 763. The remaining foreign nationals will be handed over to the ICE officials and transferred to detention centers where members of the American Civil Liberties Union worry they will not be afforded the “opportunity to consult with an immigration attorney and contest their removal in court.”

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Why are asylum seekers being detained at immigration centers?

In the United States, citizens are fortunate to enjoy many freedoms and opportunities. These include freedom from persecution with regard to religion and freedom of choice with regard to personal views and political ideologies. Sadly, millions of people around the world don’t enjoy these same freedoms and spend their lives fearing persecution, violence and death.

Under U.S. immigration laws, foreign-born individuals who have suffered or fear persecution due to their religion, political views, race or nationality can seek to stay in the U.S. via the asylum process. While the asylum process is meant to help those who fear for their safety and very lives, recent strikes at several U.S. immigration detention centers indicate that, once in the U.S., many asylum seekers continue to face persecution.

Roughly 34,000 immigrants are currently being detained at U.S. immigration centers while they await asylum decisions. For these individuals, most of whom have already suffered great trauma back in their home countries, the conditions at the facilities as well as the fact that they are locked up and treated like criminals is almost too much to bear.

Recently, asylum seekers at several detention centers around the U.S., have staged protests and strikes to call attention to their plight and treatment. At an all-women’s detention center in Texas, as many as 500 women from countries including El Salvador, Guatemala, Nicaragua and Honduras are reported to be on hunger strike. The women are seeking release from the facility as well as protesting their overall treatment.

At another Texas detention center, more than 50 asylum seekers went on a hunger strike that lasted roughly two weeks. The immigrants at this facility had already lost their asylum cases, but were never given copies of the official court order “which is needed to file an appeal.” While the detainees eventually received copies of their orders, most missed their deadlines to appeal.

Depending on one’s circumstances, the asylum process can be challenging. It’s wise, therefore to hire an immigration attorney who can ensure that all necessary documents are submitted on time and that administrative procedures are followed. Additionally, an attorney will advocate on one’s behalf and fight to win a positive asylum ruling.

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Know your rights: tips to avoid possible removal and deportation actions

There have been recent raids conducted by U.S. Immigration and Customs Enforcement and the government’s continued attempts to deport individuals from violence-ravaged Central American countries who are seeking asylum in the U.S. While some people may previously believe that only hardened criminals or those who enter the U.S. illegally have to worry about being deported, ICE’s recent actions prove otherwise as the targets were primarily women and children.

In truth, any individual who was not born in the U.S. or who has not gone through the process to legally become a U.S. citizen can face removal and deportation. It’s important, therefore, to understand what types of actions may violate U.S. immigration laws and the terms of your current immigration status and put you at risk of being deported.

For example, if you are married to a U.S. citizen, but not a U.S. citizen yourself; you may face immigration issues if you subsequently divorce your U.S. spouse. Additionally, individuals who are in the U.S. on an employee-sponsored work visa may face problems if they quit or change jobs, allow a visa to lapse or fail to update or renew other required documentation. Other activities that may constitute a violation of your immigration status include seemingly minor traffic violations and misdemeanor crimes.

To avoid immigration problems and possible removal proceedings and deportation actions; individuals who have questions or concerns about their immigration status and U.S. immigration laws should consult an attorney. An attorney can answer questions, provide advice and assist in ensuring an individual is compliant with immigration laws. Additionally, in cases where an individual is facing possible deportation, an attorney can fight on one’s behalf in court.

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U.S. Supreme Court might take on immigration executive action

The legality of an executive action taken may soon be under scrutiny by the U.S. Supreme Court, which was set to meet today to determine whether to hear the case. The executive action called for the protection of over 4 million immigrants from deportation. The appeal involves an executive order passed after Congress was unable to approve bipartisan legislation dealing with the matter.

The executive action was specially aimed at immigrants without criminal records whose children are American citizens. The order would allow such individuals to work in the United States and receive certain federal benefits, though states would not be required to provide any benefits.

Republican lawmakers disapproved of the president’s efforts to bypass Congress in passing the measure, and the order ended up being blocked by lower courts based on the argument that the president went beyond the scope of his constitutional powers. The decisions have been criticized on the grounds that it effectively allows states to prevent the federal government from enforcing immigration laws. The question, though, is whether the executive action was mere enforcement of immigration laws or a rewriting of the same.

Should the executive order eventually win approval, it will afford relief to many families. Under current immigration law, family-based immigration allows U.S. citizens or legal residents to obtain legal resident status for family members. Immediate family members are not the only persons who can benefit from family-based immigration. Those who are interested in looking more into how their family might benefit from this aspect of immigration law should contact an experienced attorney to have their case evaluated.

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Women and children among those detained in recent ICE raids

Regarding rumored impending raids by U.S. Immigration and Customs Enforcement agents to find undocumented Central American immigrates – this past weekend, ICE raids commenced in three states and ended with 121 people being taken into custody where they are awaiting deportation back to their violence-ravaged home countries.

The most troubling aspect of these raids is that the majority of those individuals who were rounded up and detained are women and children whose desperate claims for asylum in the U.S. were denied. This most recent round of ICE raids has struck fear among immigrants across the U.S. and specifically among Central American immigrants who entered the country illegally or whose claims for protection and asylum were denied or are pending.

As these terrified families await deportation, troubling questions and concerns have been raised about their legal rights to due process and the fact that they are not being allowed access to an attorney. Instead, family members and those directly impacted relay reports of harsh treatment at the hands of ICE officials, threats and being coerced into signing documents that clear the way for deportation.

In response, immigrant legal advocates across the country are advising immigrants to become educated about U.S. immigration laws and their corresponding rights. For example, an individual should not open his or her door until and unless an ICE agent is able to produce an order that is signed by a judge. Additionally, he or she should remain silent and request the opportunity to contact an attorney.

Individuals who have questions or concerns about ICE raids and the asylum, detention or deportation process are advised to contact an immigration attorney.

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Central American immigrants prepare for rumored ICE raids

The administration has been vocal about plans to reform U.S. immigration policy. However, absent the support of Republican members of Congress, they have been unable to pass any sweeping immigration reform. However, invoked executive power can make certain changes to existing immigration laws.

These measures include focusing on cracking down on illegal immigration at the border and taking action to require undocumented immigrants to pay U.S. taxes. Additionally, that deportation efforts will focus on “felons, not families,” and specifically those individuals with criminal records or links to gangs or terrorism. However, If recent rumors of the Department of Homeland Security’s plans to “round up and deport families deemed illegally present in the U.S.” are true, it appears as those the administration’s promise to not target families has been broken.

Thousands of men, women and children fleeing the violence in Central America have poured over the U.S.- Mexican border. In many cases, these families and individuals have sought asylum in the U.S. and are allowed to stay with relatives until their cases are decided. Sadly, and often for unknown reasons, the asylum claims of many are denied and they face deportation.

Recently, there have been reports of impending widespread raids on these families by U.S. Immigration and Customs Enforcement agents. For these families, many of whom likely lack any legal advocate and have not taken action to appeal a denial for asylum, returning to their home countries is akin to a death sentence.

Individuals who are planning to apply for asylum in the U.S. or who have had an asylum claim denied are advised to contact an immigration attorney. The U.S. immigration system is notoriously complex and many individuals who attempt to gain protection under the asylum program are not aware of their rights.

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H-1B visa controversy and requirements

Immigration is bound to be a major and divisive issue in the upcoming presidential election. While much of the media’s attention is paid to the issue of illegal immigration and how to handle the millions of undocumented immigrants who are currently living in the U.S., concerns have also been raised about those individuals who come to work in the U.S. on H-1B visas.

While opponents of this employment visa program argue that it only serves to take jobs away from Americans, proponents contend the program is necessary to ensure that U.S. companies remain competitive. Additionally, those who support the program also assert that U.S. companies are struggling to find enough qualified workers and that the visas are provided only to highly educated and skilled professionals in their respective fields.

In order to obtain an H-1B visa, an individual must be sponsored by a U.S. employer and be able to unequivocally demonstrate that an employer has the ability to “hire, pay, fire, supervise” and otherwise control one’s employment. H-1B visas are intended for individuals who possess at least a bachelor’s degree and are considered to be highly specialized in their respective fields.

Annually, only 65,000 H-1B visas are issued and the first 20,000 petitioners who possess a master’s degree or higher are exempt from this cap amount. Due to the cap on the number of H-1B visas that are issued, employers and employees who wish to participate would be wise to ensure that they submit all of the necessary paperwork and documentation in a timely manner.

An attorney who handles employment immigration matters can answer questions and assist in the H-1B visa application process. Additionally, for employees who are already in the U.S. on an H-1B visa, an attorney can assist in sorting out any issues related to a change in status or employment.

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Recent deportation case raises concerns about DACA protections

In 2012, the Deferred Action for Childhood Arrivals (DACA) Program went into effect. The program, which was championed by the administration, allows undocumented individuals who came to the U.S. before they turned age 16 to obtain permission to stay and work in the U.S. for a two-year renewable time frame. In addition to coming to the U.S. prior to turning age 16, DACA applicants must meet a series of other requirements related to their age and current removal or deportation status.

The recent deportation case of a 32-year-old mother of three, who was protected under the DACA program, has raised many red flags among other DACA program participants and U.S. immigration lawyers. According to the Huffington Post, the 32-year-old mother went through the process of obtaining what she believed was documentation that would allow her to travel to her native Mexico to visit family and then return to the U.S.

The re-entry permit, which is known as advance parole, allows undocumented individuals with DACA status to return to the U.S. for humanitarian and/or other sanctioned reasons. However, upon arriving at the U.S. airport, the mother was denied re-entry and deported back to Mexico. She was accompanied by two of her three children whom she was traveling with, both of whom are U.S. citizens.

According to the woman’s attorney, the mother was deported. However, “the deportation order had not disqualified her from receiving her DACA authorization.” Additionally, she was able to obtain an advance parole permit and therefore had every reason to believe that she would be allowed to return to the U.S.

While U.S. immigration officials refused to commit specifically on the woman’s case, a spokesperson stated that “applicants for admission bear the burden of proof to establish that they are clearly eligible to enter the U.S.” The woman’s attorney stated that, while her client is being allowed to return to the U.S., she will likely face deportation and be forced to go through the process to “redetermine her DACA status.”

This woman’s story illustrates the numerous challenges that undocumented immigrants face under the contested DACA and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) programs. Individuals who have questions or concerns about these programs and their specific status and rights would be wise to contact an immigration attorney.

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Immigration 4/26/21 – gtg

Immigrant STEM students may need legal help to get a green card

In the United States, the industries of science and technology don’t have enough workers who are skilled in what are known as the STEM subjects: science, technology, engineering and math. But there are many immigrants who study these subjects at American universities. For those who are concerned about the American economy and are sympathetic to the plight of immigrants seeking a green card, these facts present a problem that could be solved with meaningful immigration policy.

However, last month Congress did not pass a bill that would have given more permanent residency visas to immigrants who are getting their doctorate or master’s degrees in the United States. Some critics have said the failure to pass the bill was intentional and politically motivated.

Here is another interesting fact: of all Americans who have science or engineering degrees, over 20 percent were born in another country. As for engineering and computer science, the numbers are even higher: more than a third of those who have computer science or engineering degrees are immigrants. Still, America has a huge shortage of workers in these fields.

So far, 140,000 permanent residency visas are given each year to scientists and educators with “sustained national or international acclaim and recognition.” That number represents only 13 percent of all the permanent residency visas given to immigrants last year.

Regardless of whether you have a STEM background, immigrants in New York who are seeking a work-related visa face some challenges that are best handled with the help of an advocate with experience in immigration law. Successfully filing a petition for permanent residency can be complex and time-consuming, and consulting with an immigration law attorney can help expedite the process.

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Immigrant activist avoids detainment after a traffic stop

A simple traffic stop. That’s all it can take to be detained on an immigration violation. Many people across the country live in fear of being detained and possibly deported after a simple traffic stop because their immigration status is undocumented or they are living in the Unites States without proper documentation. Even activists are not immune to potential detainment.

An immigrant was stopped by police in another state last week, and taken to a jail where he was questioned about his immigration status by the Immigration and Customs Enforcement (ICE). Although he admits living in the country without proper documentation, ICE decided not to detain him and has not pursued immigration charges. According to a news report in the New York Times about the incident, ICE makes decisions on detaining people based on their perceived threat to public safety, as well as past immigration-related incidents.

While the immigrant was not deemed to be a threat, some people who also have no past violations may have a more difficult time fighting detainment by immigration officials. Even though this prominent activist was released, he still faces charges of driving without a license.

Others who may be pulled over for minor violations might be detained and face deportation. Immigration rights groups contend that although some people are not detained, many others with no previous criminal violations and no resources to obtain a documented immigration status could face deportation from a traffic violation.

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States adjust to let young immigrants pay in-state tuition

Education is important for U.S. citizens and immigrants alike. In some states, young people who were brought to the U.S. when they were young face special difficulties in paying for their education. One major barrier for undocumented immigrants has been the difference between in-state and out-of-state tuition. When you have in-state status, you can pay a lower tuition rate, but not all states give in-state status to young immigrants.

New York passed a law allowing state residency status for undocumented immigrants. Since the administration’s decision to allow most young immigrants to avoid deportation, other states are now taking steps to clarify their own immigration policies regarding in-state residency.

Massachusetts recently clarified its position. Now the estimated 15,000 to 17,000 young immigrants living in Massachusetts can take advantage of the in-state tuition discount. To illustrate how helpful that discount can be, The New York Times compared in-state and out-of-state tuition at the University of Massachusetts at Amherst.

There, state residents can pay tuition and fees amounting to $13,230, while out-of-state residents have to pay $26,645.

While some states like New York and Massachusetts are clarifying their immigration policies to help young, undocumented immigrants, other states are taking the opposite approach.

South Carolina, Ohio, Indiana, Colorado, Arizona and Georgia have all made it a point to bar undocumented immigrants from qualifying for an in-state tuition discount. Alabama passed a law that prohibits young immigrants from even enrolling at state colleges.

It’s been reported that since Mitt Romney had promised to repeal the administration’s deferment policy, many immigrants were waiting until after the presidential election to come forward. Now, however, young immigrants would do well to take advantage of their right to work and claim in-state residency.

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Advocates for Immigrants

Despite an unfortunately common perception in the United States, immigration charges are heard in administrative court, not a criminal court. Still, immigrant detainees throughout the country are treated like criminals.

Recently, to call attention to the inhumane treatment of immigrant detainees, a campaign called “Expose and Close” released a number of reports. These reports claim that immigrants facing deportation charges receive substandard medical treatment and are not provided with the resources they need to work on their cases.

The reports also point out that many of the jails and prisons that house immigrant detainees are located in remote areas. That means detained immigrants have a difficult time contacting lawyers and family members — the very people who can help detainees achieve citizenship, change their status, get asylum or fight deportation.

After publishing its findings, the “Expose and Close” campaign called for Immigration and Customs Enforcement to close 10 of its detention facilities, one of which is the Hudson County Jail in New Jersey. In one of these jails, a detained immigrant died because he didn’t receive the medical treatment he needed. His family was later awarded a settlement.

Another case involved a young man whose mother brought him to the U.S. on a visa. He was 8 years old at the time and was seeking asylum. When he ran into a technical issue with his immigration status, he was thrown in jail for 19 months. This kept him away from his 3-year-old son and wife, who is a U.S. citizen. All the while, he had to work on his immigration case from behind bars.

Finally, the young man was given asylum, but he missed over two years of his son’s life.

Immigrants need to know that they are not alone in their desire to become U.S. citizens. Immigration law attorneys are in the business of helping individuals and families fight deportation charges and achieve a change in immigration status.

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Harsh local policing major cause of higher deportation numbers

In the last four years, the United States has deported a record number of undocumented immigrants. But in different communities throughout the country, these deportations are higher or lower in number. Interestingly, a recent study indicates that having a larger immigrant population does not appear to be the reason certain communities deport more people.

On the contrary, factors such as local politics and police practices seem to be the major causes of higher deportation numbers in some parts of the United States. In fact, police who were surveyed in communities with higher immigrant populations enforce deportation laws on fewer occasions.

The study, which was published in the Journal of Public Administration Research, surveyed police chiefs from 237 medium to large-sized cities across the nation. According to the findings, in communities where there was a Hispanic police chief, deportation laws were not enforced as often.

The research also indicated that places where most voters are Republican, and where police chiefs answer to the city council and the mayor instead of a manager, immigration-related laws were more strictly enforced.

Perhaps most significantly, the study found that “cities with high shares of immigrants in the population tend to experience less aggressive enforcement.”

In about half of the cities addressed in the research, there had been no city policy regarding the enforcement of immigration laws. That means those police departments were either coming up with their own guidelines or letting officers on the streets make the decisions.

With such widespread disparity in deportation enforcement, immigrants will need a strong deportation defense. If you would like to learn more about defending against deportation, please stop by our office. Our firm helps immigrants who have been detained or who are facing deportation.

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Citizenship and green cards: What does the future hold?

On what can be a rocky path to citizenship or a green card, many immigrants in the United States find creative and sometimes illegal ways to gain employment. From a legal perspective, this is not advisable, but the need to provide for one’s family while striving for a better future is something most Americans would identify with. People from nations with governments that fail to provide for their citizens often find that immigration to the U.S. is the best possible option for happiness and prosperity.

Reforming U.S. immigration law is set to be one of the top priorities. The issues involved are complex and numerous, as industries ranging from agriculture to high technology will likely make their lobbies felt. The states and the federal government will also bring their specific concerns to the table, and immigrants would do well to remain alert to any changes to the law.

Immigrants, too, documented or not, are speaking up to let officials know that changes need to be made. The administration initiated the deferred action program for young immigrants, but meanwhile, deportation numbers have risen significantly. Also, Immigration and Customs Enforcement stepped up audits of employers who may have hired undocumented immigrants.

In fact, ICE audited more companies recently than in any year before. During an audit, ICE looks at employer I-9 forms, which indicate whether a worker is authorized to work in the U.S. Employers are required to make sure the documents provided by the worker look real. But if ICE finds out that a Social Security number doesn’t match up with the provided name, the employer could be fined.

Immigrants who find themselves caught up in an I-9 dispute may want to consult with an immigration attorney.

To learn more about immigration law and how it relates to citizenship, permanent residency, families and employment, please visit our office. Our firm helps people in a variety of ways regarding immigration law.

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Green cards and the EB-5 program

A green card is a highly coveted document that can allow non-citizens to live and work in the United States permanently. As a result, many people hoping to live in the US would love to get their hands on one.

However, there is only a limited supply of green cards available each year, approximately 50,000 for qualified immigration applicants. With millions of people from all around the world hoping to win one in the lottery, demand is obviously very high.

However, wealthy people have an advantage that others do not. They can speed up the typically years’ long wait if they are willing to pay a price into a special 22-year-old federal program called EB-5. The investment required can be at minimum anywhere from $500,000 to $1 million, depending on the area of investment.

Under the EB-5 program, foreign investors can obtain U.S. residency by investing in a new or growing company. This would seem like a win-win situation, both for foreign investors and for businesses seeking capital in this down economy. In fact, the number of foreign investors applying for the EB-5 program has quadrupled in the previous three years.

In order to qualify, the investment must create or preserve at least 10 full-time jobs within two years of the investment. If this is the outcome, then after the two years, the investor is eligible to apply for a green card, which has a very high success rate. In the meantime, once the investment is made and the government has approved the project, then the investor is eligible for temporary residency for themselves and their family. If the investment fails to meet the job creation requirement in the two-year period, then they will not obtain green cards.

Consultants and brokers work to match foreign investors with promising investments in U.S. companies that will meet the requirements of the EB-5 program, while at the same time offer the hopes of breaking even, or maybe even making a profit.

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The administration pushes for comprehensive immigration reform

Undocumented immigrants throughout the United States have their eyes on lawmakers as they try to agree on much-needed immigration reform. Democrats and Republicans alike have been searching for a way to reform immigration policy.

But the parties don’t agree on how to make changes. The New York Times reports that the White House is pushing Congress to accept a comprehensive overhaul of immigration laws. The administration says its comprehensive bill needs to be passed quickly in order to give the majority of the 11 million undocumented immigrants an easier path to citizenship.

But Republicans want a different approach. They want a series of bills, rather than comprehensive legislation. One bill would address highly skilled workers; another would address young immigrants, and another would address migrant farm workers. Apparently, breaking the legislation into pieces would be more readily accepted by members of the Republican party who are reluctant about making the path to citizenship easier.

Some people in the country have complained that immigration reform would constitute amnesty for so-called “illegal immigrants,” but the White House disagrees. It isn’t simply amnesty.

In fact, the plan would require some undocumented immigrants to pay back taxes and fines, as well as address other legal issues in order to achieve legal status. The proposal would also initiate a guest-worker program for immigrants with low incomes; create new visas to eliminate the backlog of applications; and let immigrants with certain in-demand skills remain in the country.

Regardless of the particular plan of action adopted by legislators, undocumented immigrants throughout the country will need to remain aware of their legal options for achieving a change of immigration status.

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Family-based immigration reform

In a recent display of executive power, the administration issued a new rule making it easier for families to remain together while an immigrant family member applies for permanent residence.

In the past, many undocumented immigrants have been reluctant to apply for permanent residency because it meant they would have to leave the country to do so. But starting on March 4, if an undocumented immigrant can show that being away from his or her U.S.-citizen family members would constitute an “extreme hardship,” the application process can start within the U.S.

Applicants will still have to pick up their visas in their native countries, but not having to leave the U.S. until that time will be a great relief for many immigrants. The new measure is designed to reduce the amount of time families have to spend apart during the application process.

Too many immigration cases in past years have ended when a relative of a U.S. citizen was killed in another country while awaiting a decision on immigration status.

About one million undocumented immigrants in the U.S. could make use of the new rule.

On March 4, a “hardship waiver” could also be given to undocumented immigrants who have overstayed their visas. Before the new law, it was necessary for those who overstayed their visas to leave the country to apply for permanent residency.

“The change will have a significant impact on American families by greatly reducing the time family members are separated from those they rely upon,” said the director of U.S. Citizenship and Immigration Services.

Many questions arise when it comes to family-based immigration. Family members who are seeking an adjustment of status or a green card would do well to consult with an immigration attorney who can clarify exactly what options are available.

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Kids of detained immigrants take legal action to stop deportation

Family members of detained immigrants are often shocked that their loved one, who isn’t a violent or otherwise dangerous person, has to sit in a detention center while his or her immigration case moves forward. Families are split up, even when children in the family are U.S. citizens but their parents are not.

Consider the saddening detention story of one family. The 18-year-old daughter, who is a student at a local community college, has had to essentially stop her life while she and her brother work on freeing their parents from immigration detention.

Agents from Immigration and Customs Enforcement appeared at the family’s home one morning and detained the parents, who were initially taken to Federal Plaza. Matters became more complicated, however, when the father was moved to a County Jail in another state, while the mother was taken to a County Correctional Center. For several days, the couple’s children didn’t even know where authorities had taken their parents.

Meanwhile, the kids are unsure if they can scrape together money to pay rent.

ICE’s definition of a deportable immigrant is broad. In this case, the father, who is a bus maintenance worker, was convicted twice of DUI more than 10 years ago. The mother, who works at a local packaging factory, has no convictions. The parents were also ordered to be deported about seven years ago, but they didn’t appear for a hearing.

The immigration bill now proposed in the Senate would make immigrants who have been convicted of drunken driving three or more times eligible for deportation. The bill would also make immigrants ineligible for a legal change of status if they have three misdemeanor convictions.

As for this particular family’s struggle, the daughter and brother have taken emergency legal action in an attempt to stop the deportation of their parents. Other families who are going through this kind of ordeal should be aware of their legal options for keeping their loved ones near.

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Seeking asylum: A difficult battle

The United States guarantees asylum to individuals who are in the country and can prove they have suffered persecution or have a legitimate fear that they will if they go back to their country of origin. This is one very viable path to citizenship in the country. Also, the country does not limit the number of people who can seek asylum. Nevertheless, immigrants seeking citizenship always face hurdles in their chances for a new life.

To obtain asylum privileges, candidates must make a case. This is usually completed through interviews with immigration officials. If they make an unsuccessful case, immigrants must return to their home country. However, it is important to know that the process is very difficult. Approximately 86,053 applicants sought asylum in the U.S. in one year alone; however, only 29 percent were victorious.

There are two ways to make a pitch for asylum: affirmative and defensive. Affirmative cases are initiated by applicants who are legally in the country at the moment. A defensive case is when someone is in the country illegally, and the filer is attempting to prevent deportation. Defensive applicants must present physical evidence, provide witnesses and submit proof of the conditions in their country of origin. Ultimately, they must include information to demonstrate that they were persecuted at home or would be if they returned.

The case for asylum is not easy. For this reason, it is best to retain a qualified immigration attorney in developing a case. Again, the burden of proof is very difficult. One mistake could lead to automatic deportation, which could send victims back into poor living conditions. To learn more about immigration options, contact an experienced lawyer in your area.

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Irish immigrants hope for work visas in an immigration bill

The recent unveiling of the Senate bill for comprehensive immigration reform has people hoping that real change may be on the way, but immigrants also have a healthy degree of skepticism about whether the proposal will actually be signed into law.

The five boroughs are home to immigrants from nations across the globe. People from Ireland, for instance, have historically played a major role in the city’s construction industry. Now Irish and Latin American immigrants are hoping together that the Senate bill makes headway, in large part because the bill would provide thousands of temporary work visas for laborers in the construction industry.

Irish immigrants have been arriving in the United States for more than 200 years, and now the Irish community offers a strong support network for those who come here and decide to stay. The Bronx’s Gaelic Park is an iconic structure for Irish people in New York City, and one footballer at the park estimated that roughly 99 percent of the players were in the country without legal documentation.

That man is like many Irish immigrants who come to the U.S.: he found work on construction sites and hopes to climb his way up and make a good living. He says that playing Gaelic football is a way to network and find jobs.

An Irish construction company owner expressed dismay at how difficult it is for new immigrants to achieve legal permanent residency and citizenship. He said that when he came to the U.S. in the 1980s, it was easier to establish oneself. He hopes the Senate bill passes into law and that immigrants can come “out of the shadows.”

Still, those hopes are tempered by the fact that immigration reform bills have been proposed in the past and failed. For now, they will just have to wait, perhaps take some civic or legal action, and see what lawmakers decide.

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Citizenship application fee a big obstacle for many immigrants

Recent research shows that, when immigrants consider applying for citizenship, price matters. When you add the application fee to the cost of getting fingerprints, the total comes to $680. And the research suggests that the price is a serious deterrent to a lot of would-be citizens.

There are immigrants who are among the 8.5 million people eligible for citizenship. These are green card holders, but the high price of the application stands in many people’s way.

In fact, research conducted by the Center for the Study of Immigration Integration indicates that citizenship applications have dropped significantly. That was likely due to the increase in the application fee.

A news article quotes a 78-year-old woman who was born in the Dominican Republic. She is a retired seamstress who now lives in East New York. She says she can’t afford to pay to renew her green card, much less the steep application fee. “I want to be a citizen,” she said, “because it’s a beautiful thing to vote. And you can be calm in this country. There’s no other country like this one.”

According to a study by the Pew Hispanic Center, about 93 percent of immigrants of Latino heritage expressed the desire to apply for citizenship, but 18 percent of those surveyed said that the application fee was their main obstacle.

Right now the path to citizenship is not an easy one, but there is real hope throughout the country that meaningful immigration reform is on the way. There is also legal help available for immigrants who want to ensure the best chance that their citizenship applications will be accepted.

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News outlets to stop using offensive immigration terms

A long-overdue change is happening in the way mainstream U.S. media refers to immigrants who are in the country without legal documentation. We’ve written before about the stigmatizing, offensive connotations associated with the term “illegal immigrant.” After all, not having official immigration documents is not a criminal matter; it’s a civil one.

Now, after months of criticism, the Associated Press has announced that it will cease using the offensive term, likely replacing it with something more accurate, such as “living in the country without legal permission.” Other offensive terms such as “illegal aliens” or “illegals” had already been dropped from the AP style guide.

While some news sources, such as the Huffington Post, had already stopped using “illegal immigrant” in their reporting, one major news organization still does: The New York Times. It was reported, however, that the staff at the Times is currently discussing a change and that any standardized alteration would be announced in the near future.

These positive steps in the right direction signal a wider change in the national political climate. Most Americans support an easier path to citizenship, and lawmakers appear to be working more intently on meaningful immigration reform than they have in years.

For immigrants who are waiting or working for permanent residency, these developments can’t unfold quickly enough. People throughout New York are advocating for a better immigration system, one that doesn’t tear apart families and leave immigrants waiting for years and years for judgments.

To ensure that their cases are handled carefully and efficiently, immigrants may want to explore their legal options by consulting with a citizenship attorney.

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Asian American groups urge you to file for any family visas now

Under the current version of the immigration reform proposal making its way through Congress, U.S. citizens and green card holders may no longer be able to sponsor those relatives U.S. immigration law categorizes as “lower preference,” such as siblings and married adult children, for lawful permanent residency. While the bill is unlikely to be passed this session, limitations on family immigration are likely to be included or at least used as a bargaining chip, in the final bill.

According to the Congressional Asian Pacific American Caucus, Asians are more reliant on family immigration than most other groups. In fact, nearly half of all immigrants seeking family visas are from Asia. Even now, immigration opportunities are limited for “lower preference” family members. An application backlog has stretched the waiting time for siblings and married children of citizens to get green cards to as long as two decades, in certain cases.

With that in mind, a number of Asian American advocacy groups are urging people to act now if they plan to sponsor relatives for family immigration — or the opportunity to do so may disappear.

“We’re saying file now if you’re thinking about it,” says the head of Asian Americans Advancing Justice. “Then you’ll be in line if a bill passes and diminishes the ability to file.”

While family immigration is of particular concern to Asians, a path to citizenship for unauthorized immigrants is also a high priority in immigration reform. Of the estimated 11 million unauthorized migrants in the U.S., more than a million are thought to be from China, Vietnam, Korea or the Philippines.

Asians are less enthusiastic about the current reform bill than other groups, if we accept immigration lawyer and former California state assemblyman Mike Eng as an exemplar. He expressed outrage at the reform effort having been focused primarily on employment-based immigration for high-skilled workers who promise immediate economic benefits to the U.S. Particularly for the Asian American community, these priorities come as a bit of a shock.

“This is the most far-reaching, invasive and detrimental proposal for immigration reform on the Asian American community in at least the last four to six decades,” he told reporters.

Even if you’re not from an Asian background, the advocacy groups’ advice is sound. If you’re considering sponsoring a family member for a green card — especially if that family member is categorized as “lower preference” — apply as soon as possible to preserve your best chance of success.

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U.S. citizens’ siblings face a 12-year wait for immigrant visas

When people talk about reforming our immigration system, they often discuss only the issues surrounding undocumented immigrants. In some cases, they may bring up the difficulty U.S. employers have bringing in needed workers on H1-B visas or keeping them when those visas expire. Perhaps because its economic impact is less obvious, family-based immigration gets less attention in the debate, but our family immigration system is also out of date — and it often seems to thwart the goal of bringing families together.

One New York man just wrote into the New York Daily News “Citizenship NOW!” blog about how to get an immigrant visa and ultimately a green card for the sister of a U.S. citizen. The woman is a divorcee from China whose teenage daughter is coming to the U.S. to attend a private school. The woman’s sister is a U.S. citizen who is willing to sponsor her for lawful permanent residency so she can be with her daughter long term.

Unfortunately, the answer was somewhat disheartening. Even if the woman has no other bar from getting a green card, she will have to wait around 12 years before she is eligible for a green card through sponsorship by her sister. That’s because the U.S. currently only allows 65,000 immigrant visas annually for siblings of U.S. citizens seeking permanent residency.

That does not mean she has no way to come to the U.S. to be with her teenage daughter while she attends high school. She should be able to get a B-2 tourist visa for up to six months and then apply for extensions as necessary. However, she would not be allowed to work. She could apply for an EB-5 investor visa if she has $500,000 to invest in a U.S. business. Or, she might qualify for an immigrant visa on her own merit if she has extraordinary ability as a professional, researcher, or an activity that would substantially benefit the U.S. national interest.

In other words, there are a number of options for obtaining an immigrant visa that can lead to a green card. That said, shouldn’t her family ties be enough?

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Confused by the changes to permanent resident fee-payment rules?

Some changes were recently made to the procedures at the U.S. Department of State for paying the fees required for family-based immigrants seeking lawful permanent residence in the U.S., or “green cards.” Depending on your situation, there may be two fees.

Every immigrant applying for permanent residency must pay the U.S. Immigrant Visa fee to the United States Citizenship and Immigration Services. If you’re applying for a green card and are already in the U.S., you will also need to pay a separate fee to the Department of State’s National Visa Center to process your I-864 Affidavit of Support.

The reason this can be confusing is the requirements for who has to pay these fees and when. Either the immigrant or the petitioner (also called the sponsor) can pay the processing fee for the I-864 affidavit, although it is more commonly paid by the petitioner. It can be paid by a transfer from a checking account, a certified check or a money order. The fee is currently set at $88 for those applying for permanent residency from within the U.S.

Once you’ve filed the I-864 affidavit and the National Visa Center is ready to process it, the center will send an invoice for the fee to your petitioner, along with payment instructions.

Next, is the U.S. Immigrant Visa Fee paid to the USCIS. This is required for processing and producing your green card, currently $165. The rules for payment are different for this fee.

Only the immigrant can legally pay this fee, although one person can pay for all accompanying family members.
It is to be paid online, and only by a credit card, a debit card, or transfer from a checking account — not a money order or certified check.
The immigrant has up to a year to pay the fee.
If you don’t pay the fee within a year, it won’t technically affect your status as a lawful permanent resident, but the USCIS will not issue you a green card until you pay. Therefore, the agency recommends you pay this fee after you receive your visa packet but before you enter the U.S. if you’re applying from abroad.

You should also know that fee waivers are available in certain circumstances. Check with an immigration lawyer or the USCIS for more information.

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US diversity visa lottery not affected by government shutdown

The Diversity Immigrant Visa Program often called the DV lottery or the “green card lottery,” is up and running at the Department of State. The reason the lottery isn’t affected by the federal government shutdown is that many immigration activities of the U.S. government are funded through fees from applicants — although there is no fee for the diversity lottery. So, while some parts of the State Department are subject to furloughs, the diversity lottery, or DV-2015, is moving forward as usual.

The annual lottery allows 50,000 eligible people from qualified countries to obtain lawful permanent residency in the U.S. Don’t be confused by the terminology — a “Permanent Residency Immigrant Visa” is another term for a green card. Qualified applicants must apply online at the State Department’s Electronic Diversity Visa Lottery website. Then, a computer will randomly draw winning applicants’ names.

One important thing to know is that winning the green card lottery does not automatically mean you will get a green card. More than 50,000 people are chosen because some of the winners turn out not to be qualified, and others decide not to pursue permanent residency after all. If you do win the visa lottery, you will still go through a final interview before you receive a green card.

In order to qualify for the lottery, you must meet two basic requirements. First, you must be a native of a qualifying country, which means one with historically low rates of immigration to the United States. There are some situations in which you could be considered a native of your parent or spouse’s homeland, and some other rules that could apply. You can learn the specifics in the materials provided on the application website.

The second requirement concerns education and work experience. To qualify, you must either have completed the equivalent of high school or have at least two years of experience working at a job that requires at least two years of training. Again, more information about specifics is available from the Electronic Diversity Visa Lottery website.

The green card lottery is only one option for obtaining lawful permanent residency in the U.S.

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Green-card holders are included in the Affordable Care Act

If you’re already a lawful permanent resident of the U.S. or want to become one, you should know that you’re covered by the Affordable Care Act, which provides access to health insurance through public exchanges and, in many cases, offers government subsidies to buy it. Although the federal government shutdown seems to be an effort to stop the ACA, the fact is that enrollment for insurance offered through the ACA has already begun, and coverage begins on Jan. 1.

Immigrants become eligible for coverage — and any available subsidies — through the ACA as soon as they become lawful permanent residents (green-card holders). A key part of the ACA is to make health insurance affordable for everyone, so the federal government is offering financial assistance for those with lower incomes.

The subsidies vary by income but may qualify for help if your household income is 400 percent of the federal poverty rate or less. That means that a single person would typically qualify for subsidies if he or she makes up to $45,960, while a family of four could make up to $95,200 and qualify. If you make less than 138 percent of the federal poverty rate, you may qualify for Medicaid instead, if you’ve been a green card holder for five years.

According to statistics cited by the New York Daily News, the average plan through the ACA is expected to cost 53 percent less than the same plan, purchased on the individual market, cost before the new law was passed.

Green card holders should also be aware that the penalty provision in the Affordable Care Act also applies to permanent residents. The ACA requires you to have health insurance or pay a penalty. The penalty is $95 or 1 percent of your income, whichever is higher, but the penalties go up each year.

You don’t have to buy the required health insurance through the ACA exchange — if you have Medicaid, health insurance through your job, or private, comprehensive insurance you like, you won’t owe any penalty.

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Wait times for green cards for immediate family at record highs

Both young people and immigrant advocacy groups alike cheered when the launch of the Deferred Action for Child Arrivals program was announced. For those unfamiliar with this program, it essentially enables those young people who satisfy certain conditions to live and work in the United States for two years, subject to renewal, and then perhaps be eligible for work authorization.

Thus far, the DACA program has enjoyed great success as over 521,000 young people had received deferrals by early February, and U.S. Citizenship and Immigration Services processing over 2,000 applications a day.

However, this great success has not come without a cost, as many citizens or permanent residents have seen the wait times for securing a permanent resident visa — or green card — for their immediate family members (spouses, children, parents, etc.) triple.

According to sources, USCIS was given only two months to make the necessary arrangements for the launch of the DACA program having to devote considerable manpower and spread already limited resources to cover the deluge of applications.

While these efforts proved successful, the area of green card applications suddenly saw major delays in processing times, with some families now being separated for over a year and the application backlog growing to over 500,000.

“U.S. citizens petitioning for green cards for immediate relatives are a high, if not the highest, priority in the way Congress set up the immigration system,” said a spokesperson with the American Immigration Lawyers Association. “This is a problem that needs to be fixed quickly.”

Family members who are citizens or permanent residents are able to sponsor their immediate family members for a green card, a process that has been recognized as especially efficient since there are no annual limits on the number of green cards issued.

In general, the family member submits a petition to USCIS, which will grant its initial approval. From there, the visa petition passes through both the State Department and foreign consulates. While this may seem like a rather lengthy process, it has historically taken five months or less.

The USCIS has indicated that it is working hard to reduce the wait times for the processing of green cards back down to five months, but that this likely won’t occur immediately.

In the meantime, this news is likely of little consolation to families that have been apart for over a year, having to put their plans for school, housing, and life on hold.

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Report finds federal government is losing more deportation cases

The Transactional Records Clearinghouse at Syracuse University, whose stated purpose is to gather “comprehensive information about staffing, spending, and enforcement activities of the federal government,” recently released a very eye-opening report discussing how immigrants are faring in the fight against deportation.

Somewhat surprisingly, the TRAC report reveals that almost half of all immigrants facing deportation over the course of the last year have emerged victorious in their legal battles to stay in the U.S.

Breaking the numbers down, the TRAC report found:

Immigration judges have heard 42,816 deportation cases since the start of fiscal year back in October and since that time have ruled in favor of immigrants in nearly 50 percent of cases.
Immigrants have seen higher success rates in immigration courts located in California, Oregon, and New York.
Attorneys with Immigration and Customs Enforcement, who represent the federal government in the immigration courts, won roughly 52 percent of their cases.

ICE attorneys have been losing more deportation cases with each passing year since 2009. Curiously, experts are somewhat baffled as to the reasons for this trend given that immigration laws here in the U.S. have not undergone any substantial changes over the last few years. However, some are theorizing that the trend can perhaps be attributed to a concerted effort by the administration to change its approach to immigration law enforcement.

For instance, the administration has issued a series of policy orders over the last few years directing ICE to exercise greater discretion in deportation cases, such that less of an effort is made to deport those immigrants who have been here in the U.S. for many years, and who pose no threat to public safety or national security.

“ICE’s enforcement strategies and policies are designed to prioritize its resources on public safety, national security, and border security threats,” said a spokesperson for the agency. “ICE continues to focus on sensible, effective immigration enforcement that prioritizes the removal of criminal aliens and those apprehended at the border while attempting to unlawfully enter the United States.”

While these TRAC report figures are certainly encouraging, many experts are warning that it’s still far too early to draw any real conclusions. In the meantime, here’s hoping the trend of more people successfully fighting deportation in the immigration courts continues for the foreseeable future.

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Mayor announces new incentive for securing municipal ID cards

Unlike many other locations in the U.S., New York City is a year-round tourist destination. In other words, the allure of the world-renowned performing arts centers, concert halls, zoos, botanical gardens, and, of course, museums is so great that many people are willing to brave less than ideal weather conditions to see all that the city has to offer.

Interestingly, the Mayor announced a new program yesterday that will provide the city’s undocumented immigrants with the chance to see these same cultural landmarks free of charge provided they enroll in the new municipal ID program.

Created by legislation signed by the mayor back in July, the municipal ID program will be open to all residents of the city’s five boroughs able to provide proof of identity (foreign birth certificate, driver’s license, etc) and satisfy certain residency requirements.

The ID cards, available free of charge during the first year of the program, will feature both a picture and list a person’s vital information, such as their name, address, and date of birth (along with an expiration date).

The thought is that these municipal IDs will be of great assistance to the city’s rather sizeable undocumented immigrant population, who should theoretically encounter less difficulty performing the tasks that many people otherwise take for granted with the IDs, including signing leases, opening a bank account and accessing city services.

As mentioned earlier, the mayor, working in conjunction with the Cultural Institutions Group, has devised a program promising that anyone who secures a municipal ID will get a one-year pass — equivalent to a standard family or individual membership — to 33 of New York City’s top landmarks.

This one-year pass, which promises free admission and discounts, includes everything from the Bronx Zoo and the Metropolitan Museum of Art to the New York City Ballet and Carnegie Hall.

“The municipal ID is a powerful tool to bring more New Yorkers out of the shadows and into the mainstream.” “It is now also a key that opens the door for hundreds of thousands of more New Yorkers to our city’s premier assets in culture, science and entertainment.”

It will indeed be interesting to see how many undocumented immigrants here in New York secure the ID cards.

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Supreme Court to decide on basis for denying family visas

If you were born in the United States, you may not understand how difficult it is to get citizenship in our country. It’s a long process filled with applications, the possible need for sponsorship, and a long list of federal laws that may be incredibly difficult to understand without proper legal help. And in the end, there is no guarantee that an application for citizenship will be approved in the end.

As some know, when a visa petition is denied by the U.S. Citizenship and Immigration Services office, the denial letter usually cites a reason why and tells the petitioner how they may appeal. But what happens if the reason is too vague and offers little explanation for why the application was denied? What if this lack of information is standing in your way of moving forward with an immigration application?

One case exemplifies these questions perfectly and is partially the reason why the U.S. Supreme Court is set to look into the issue behind these questions. Depending on how the higher court decides, the case could force the government to provide a better explanation for why a visa application has been denied, especially in instances where the grounds for denial were because of “terrorism-related reasons.”

On top of highlighting the complexity of immigration laws in our country, the issue before the Supreme Court further illustrates the necessity of getting the right help when dealing with complicated legal issues. Obtaining a lawyer can make sure that you are following the immigration process to the letter of the law and that the agencies in charge of immigration are not violating your rights as well.

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The Form I-130 and financial sponsorship

In order for a citizen-sponsor to help their loved one secure a green card, they must not only provide evidence demonstrating that the documented familial relationship exists, but also provide evidence that they have sufficient assets/income to support them upon their arrival here in the U.S.

Once the Form I-130 petition has been filed and U.S. Citizenship and Immigration Services determines that the relative is eligible to immigrate, the citizen-sponsor will then be required to file Form I-864, Affidavit of Support. This document is essentially an agreement to provide financial sponsorship for the relative upon their arrival.

In the event the citizen-sponsor does not meet the minimum qualifications for financial sponsorship, it will be necessary for another qualifying individual to make this commitment before the relative can immigrate.

The waiting period

It’s important to remember that filing Form I-130 only serves to establish the familial relationship between the citizen-sponsor and the relative and does not mean that they can immediately move to the U.S.

Indeed, USCIS indicates that relatives living outside the U.S. should remain in their native country until they are given the green light for a green card. An exception to this is that the spouses, unmarried children under 21 and parents of citizen-sponsors who originally entered the U.S. legally can apply to adjust their status to permanent resident at the same time the Form I-130 is filed.

Form I-130 and processing times

According to USCIS, it is impossible to provide an exact timeframe for the processing of Form I-130 given the number of variables involved. However, the agency does post updated processing times on its website.

Consider speaking with an experienced legal professional to learn more about this process or any other family immigration matters.

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Just how hard is it to secure refugee or asylee status for a relative?

When a person is granted refugee or asylee status here in the U.S., it understandably comes as a great relief given that they are typically looking to escape persecution or otherwise dangerous conditions in their home nation.

In light of this reality, it’s understandable how people in these situations would want to see this same type of relief extended to family members who may be facing similar persecution or danger.

In today’s post, we’ll examine the steps a person can take to help their relatives secure refugee or asylee status here in the U.S.

How does a person even go about helping their relatives secure refugee or asylee status here in the U.S.?

In general, a person granted refugee or asylee status in the U.S. can help their relative secure the same status by filing the Refugee/Asylee Relative Petition otherwise known as Form I-730.

Are there any limitations on filing Form I-730?

Yes. An I-730 petition can only be filed within two years of being granted refugee or asylee status in the U.S.

In the event it has been longer than two years, officials with U.S. Citizenship and Immigration Services advise those looking to help a relative secure refugee or asylee status to consider speaking with a legal professional to explore other options.

Can you file Form I-730 on behalf of any relative?

Unfortunately, the Form I-730 may only be filed on behalf of 1) spouses or 2) unmarried children who were less than 21 years of age at the time the petitioner was granted refugee or asylee status in the U.S.

We will continue this discussion in a future post …

If you have questions about refugee or asylum-related matters, consider speaking with an experienced attorney as soon as possible to learn more about your rights and your options.

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What happens after a federal judge refuses to lift an immigration injunction?

A federal judge in Texas issued an injunction spoiling plans to start rolling out programs designed to realize the objectives spelled out in the administration’s historic executive order that would prevent the deportation of as many as five million undocumented immigrants.

The injunction was sought by the Attorneys General of 26 states who successfully argued that the administration had exceeded its authority such that the executive order was unconstitutional.

For their part, the administration filed a motion requesting that the injunction be lifted while an appeal was pursued, arguing that among other things that the 26 states lacked legal standing.

In recent developments, the federal judge refused to lift the injunction in a ruling handed down last Tuesday.

What did the ruling say?

In his ruling, the judge indicated that the administration had indeed exceeded his constitutional authority. Furthermore, he held that his actions in the executive order were violative of established administrative procedures and therefore could not be allowed to move forward during the pendency of the litigation.

Simply put, he refused to lift the injunction on the grounds that doing so would result in irreparable harm.

It is worth noting that he also called out Justice Department attorneys for misrepresenting the facts concerning whether any part of the executive order had already been implemented.

What happens next?

The Justice Department has filed an appeal with the U.S. Court of Appeals for the Fifth Circuit requesting that it lift the injunction and allow the immigration programs to roll out. Oral arguments are scheduled for later this week.

Any indication as to how the appeals court might decide the issue?

Legal experts are indicating that the appeals court might actually lift the injunction in light of a decision it made last week concerning a challenge filed by state officials and immigration agents concerning the executive order creating the Dream Act.

Here, the court found the arguments by state officials that allowing undocumented immigrants to remain in the U.S. resulted in considerable expense, and the arguments by immigration agents that they were legally unable to detain undocumented immigrants unpersuasively. Specifically, they found that these plaintiffs suffered no harm because of the executive order and therefore lacked the legal standing to challenge it.

Legal experts say that this is significant given that the arguments heretofore made by the 26 AGs in the present matter are very similar to those made by the states and immigration agents.

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