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It’s been a hot debate, previous to the 2020 elections in the US, intense and the fundamental points have been: immigration, arms control, and climate change, although it been this tough-minded event the immigration issue has been touched thanks to God, In EL CENTRO HISPANO we let you know how this affects you as an immigrant.

The political debate last Thursday of September 12, has been for the administration an obvious success for Trump, since as Quixote de la Mancha said: “Bark Sancho … sign that we are moving forward”.

All Television channels and the web have recorded how they have attacked the Trump administration with low kicks, a clear sign that Democratic positions are being intimidated by very possible re-election of Donal Trump in the next 2020 elections.

Touching words President Trump declared during his speech at the Pentagon in commemoration of the attacks of September 11of 2011 and pointed directly at the Taliban in Afghanistan, all these two days after he canceled his commitments to talk with them, due to one fatal new attack in Kabul, Afghanistan.

The president himself, who said during his cheered speech today: “September 11 is recorded in our souls”, and that is the 18th anniversary of at least 3,000 people who lost their lives after one of the most terrible attacks and treacherous in the history of the Human been, it is a pain of all Americans.

Donald Trump has spoken: “… every American who saw that attack on September 11 has a pain in his soul,” he has also referred to this as one day: “full of shock, horror, sadness and fair fury. ”

Bankruptcy seems like a scary concept. It certainly carries a heavy stigma within society. But is it the big, bad monster it seems? The answer may surprise you.

In the past, when a borrower could not pay his debts, he and his family had everything stripped away and could even be placed into servitude. As societies evolved, it became clear that placing people into slavery for their inability to pay would not inspire economic growth. What could a nation do to encourage people to continue participating in the economic market while dealing with unpaid debts? The United States found a unique answer… bankruptcy.

Bankruptcy is a process by which individuals, families, and businesses can eliminate or repay some or all of their debts. This process is guided and protected by the federal bankruptcy court. Bankruptcy acts as a means for individuals and businesses to not only reduce or wipe out past debts, but also restructure their finances so that they can start again with a “clean slate”, all while making more financially sound decisions in the future. For this reason, bankruptcy is also known as “debt restructuring”. There are two basic types of bankruptcy: “liquidation” and “reorganization.” For individuals, “liquidation” is considered Chapter 7 Bankruptcy while “reorganization” is Chapter 13 (of Title 11 of the United States Code).

Driving While Intoxicated (DWI) and other traffic offenses have unique consequences for immigrants in the United States whether they have been lawfully admitted or not. While all crimes may be considered by the Department of Homeland Security (DHS) in removal proceedings, certain crimes carry more weight. Crimes involving moral turpitude (CIMT) may render an alien inadmissible or deportable depending on their status. DWI offenses may also lead undocumented immigrants to receive higher priority for removal proceedings.

The Board of Immigration Appeals (BIA) has defined crimes involving moral turpitude as conduct that is inherently base, vile, or depraved, contrary to the accepted rules of morality and the duties owed other persons, either individually or to society in general. Crimes involving moral turpitude require an element of intent that is absent from ordinary DWI cases. Intent for CIMT must be at least recklessness (knowingly endangering another’s health or safety). However, the addition of an aggravating factor such as driving with a suspended license or with a child in the car or the commission of an additional crime such as using illegal drugs is usually enough to trigger a CIMT. (It should be noted that illegal use of a controlled substance is another, separate, ground for inadmissibility, see 8 USC 1227(a)(2)(B)(i) and 8 U.S.C. § 1182(a)(2)(A)(i)(II))

Certain traffic convictions such as Driving While Intoxicated may also lead to higher priority by DHS with regards to apprehension, detention and removal of undocumented immigrants. Because of the high volume of undocumented immigrants in the United States, DHS has created a priority system designed to streamline removal and prioritize the removal of aliens that pose a “threat to national security, border security and public safety”.

Can divorce affect your immigration status? If your U.S. Visa was granted because of your spouse’s application, you may find yourself wondering what could happen if you and your spouse separate or get a divorce. The answer varies depending on how far along you are in the immigration process.

Approved visa petition (USCIS Form I-130): Form I-130 is a form submitted to the United States Citizenship and Immigration Services by a U.S. citizen or a Lawful Permanent Resident petitioning for a close relative (here, a spouse) who intends to immigrate to the U.S. Approval of the petition does not create status and if you divorce at this point in the process, you will not be able to proceed toward U.S. immigration.

Conditional Residence: If you used your spouse’s status to gain immigration status to the U.S. within two years of your marriage, you are a conditional resident.  Conditional Residence is a two-year green card given to a spouse whose marriage is less than two years old. To become a permanent resident, you and your spouse will jointly file a Form I-751 within the final 90 days of your conditional residence green card. Form I-751 is a petition to remove conditions on residence. If you divorce after being granted conditional residence but before filing Form I-751 to remove conditions, you may be able to get a waiver of the other spouse’s signing requirement, but you will have to show that the marriage was bona fide (genuine).  This is to ensure that the marriage was in good faith and not entered for the sole purpose of fraudulently obtaining a green card. Proving that the marriage was not fraudulent can be a daunting task and you will likely need an attorney’s help the specific evidence you will need to get a waiver of the spouses signature.

A common question asked to me during a consultation for a traffic citation is “Why should I pay you to go to court for me when I could just pay my fine and be done with it.” It’s a fair question, as some times, a fee for a North Carolina Traffic Citation is less than it would cost to hire an attorney to challenge the citation in court. However, besides the fee, a citation usually comes with additional consequences-which are not always apparent to the individual who receives it.  There are a couple of major reasons why hiring an attorney to represent on your traffic offense may be a wise choice:

1. YOU MAY REDUCE THE RISK OF LICENSE REVOCATION OR SUSPENSION BY THE DMV

In North Carolina, traffic citations result in a certain amount of “DMV points “which attach to the offenders licenses. Different citations carry different points, depending on the severity of the office. For instance, the offense of driving without being licensed ( “NOL”)carries  3 DMV points, while driving too fast for conditions carries 2 points. These points are not just arbitrary. If a driver accumulates 12 or more points within a three year period, the DMV may suspend their license. A first time suspension may be up to 60 days, a second suspension will last up to six months, and subsequent suspensions could last up to a year.

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From my experience speaking with victims domestic violence, a fear they seem to share is that they are utterly alone. There is no one else who understands what they are going through. What they don’t see is that this is so far from reality- According to the American Bar Association Commission on Domestic and Sexual Violence, Approximately 1.3 million women and 835,000 men are physically assaulted by an intimate partner annually in the United States.

Many of these victims seek and are able to get the help they need. Many do not seek help, many do not receive it.

In 2013, there were 108 domestic violence-related homicides in North Carolina alone. (North Carolina Health News).

According to the U.S. Census, last year, approximately one million children were affected by custody issues. ( Parenthood.com) Child custody is undoubtedly one of the most contentious issues surrounding the breakup of a couple with children together- married or not, the couple must decide who, where, and how to continue to parent their children. And it’s almost never as simple as which parent’s home the child will stay and on which days. Separating parents face a myriad of questions when it comes to custody-  not only where will the child stay and when, but who will be in charge of taking them to activities? Who will pay medical costs? Can we go on trips without the other parents permission? Who can be around the child? How do we handle new spouses/partners relationships with the child?

It’s understandably overwhelming. And for many reasons, a courtroom isn’t necessarily the best place to get all of those questions answered.

Oftentimes, parents who are splitting up are willing and ready to decide custody matters amongst themselves- but want an extra layer of protection. That is where a Custody Consent Order comes in- and an experienced custody attorney.

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Many of us assume that if we hire an attorney to handle a divorce, custody matter, alimony, child support, etc… that those issues will be resolved in a courtroom, and probably be very time consuming and costly. Well, that is true-sometimes. However, there are alternatives to litigation- and that doesn’t mean just trying to sludge through complicated paperwork, deadlines, and service requirements on your own, without the assistance of an attorney. Family law attorneys, including Emily Edwards of Gorman Law Firm, have alternative “tools” in their toolbox to resolving domestic issues- that is, solutions that don’t involve going to a courtroom but still resolve your conflicts. One of these tools is mediation.

Mediation can be a very useful alternative to litigating a divorce from start to finish- that means any and all issues that come up when a couple decides to separate- from child custody to alimony and  most everything in between.

What is mediation?

Interested in hiring a foreign professional? Or maybe you are a foreign professional that a U.S. company wants to bring over to work. If either of these are the case, then the H-1B Visa may be right for you. Because there are very specific requirements for the H-1B, read on to make sure that you meet the basics before spending a lot of time and energy courting a relationship with a U.S. Company or foreign professional with any Visa intentions. It’s all about Relationships

The big requirement up front is that there must be a valid employer-employee relationship. In general terms, the U.S. Government wants to know if a U.S. company is actually going to put this foreign professional to work and pay him or her. In specific terms, the employer must (1) engage the employee to work; (2) have the ability to hire, pay, fire, supervise, and control the work performed; and of course, (3) the employer has to have an IRS ID number (“death and taxes,” even in immigration). This sounds really easy to meet, but the government kicks back applications all the time because the documentation was not put together in a manner that makes it painfully clear that the employer meets these three areas.

But what if I’m the only shareholder of my own U.S. company? Can I still get an H-1B? The unsatisfactory answer here is–maybe. Again, it all boils down to how strong a showing you can make that the company will have control over the work and the beneficiary (employee). In other words, if you can show that other authority structures (such as a board of directors) within the company would be controlling the terms and conditions of your work, then you might qualify.

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