Articles Posted in Uncategorized

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. ”

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.

butterfly

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).

elcentroglobe-1-300x200

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.

By Autumn Byas, Gorman Law Firm Paralegal Intern.

When you think of qualities a good attorney will have, what do you think of?  Personally, I think of a good attorney as someone who will have the following qualities:

  • Professionalism

By Autumn Byas, Gorman Law Firm Paralegal Intern            

            Divorcing a spouse is one of the most stressful and tragic things that can happen to a family.  Whether it is only affecting the couple who once was in love, or a couple who has a child(ren), a divorce is an extremely stressful situation for anyone in the family to be in.  If you are seeking information about divorcing a spouse in North Carolina it is a good idea to start educating yourself on the laws surrounding divorce in our state.  They can be found here:  http://www.ncga.state.nc.us/gascripts/Statutes/StatutesTOC.pl?Chapter=0050.  Chapter 50 of the North Carolina General Statutes outlines the laws surrounding a divorce proceeding, and also about custody and alimony matters.  The Chapter has 100 sections and is filled with a lot of information; therefore, it is wise to seek out help from an attorney who is experienced in divorce law.  Gorman Law Firm is experienced in handling these sensitive issues.

            Why do people get divorced?  There are numerous reasons as to why.   A blog posted by  Divorce Source News & Information entitled “Problems that can wreck a marriage” goes into some of these reasons. (Divorce Source Editorial Staff. “Problems that can wreck a marriage.” Web blog post. Divorce Source news and information. Divorce Source, Inc., 2 May. 2014. Web. 4 Mar. 2015.)  Marriage infidelity is one major cause of a broken marriage. Infidelity is defined as “1) Lack of belief in a religion 2) A: unfaithfulness to a moral obligation: disloyalty B: Marital unfaithfulness or an instance of it.” (Merriam-Webster Dictionary online. March 2015).  A collaborative divorce coach, psychotherapist, author and parent, Micki McWade stated “marital infidelity is a symptom of underlying issues in the relationship.” Read the entire article at the following website:  http://www.divorcesource.com/blog/problems-that-can-wreck-a-marriage/  (Divorce Source Editorial Staff. “Problems that can wreck a marriage.” Web blog post. Divorce Source news and information. Divorce Source, Inc., 2 May. 2014. Web. 4 Mar. 2015.)

After living in the United States illegally for so many years, a cautious life becomes a normal life. It becomes normal to stay in the same job for as long as you can keep it, no matter what the conditions are, because the risk of finding another job without a Social Security card or with a fake number is too high. It becomes normal to drive only when necessary because one traffic stop, one wrong answer to a police officer, could destroy the life you created here. However, President Obama has recognized that this sense of normalcy is false, unfair, and goes against the ideals this country was founded on.
On November 20, 2014, President Obama’s Executive Order considered three important aspects of immigration in the United States. First, he has affirmed that additional resources for law enforcement personnel will be provided at the boarder. Second, it will be easier and faster for high-skilled immigrants, graduates, and entrepreneurs to stay and contribute to the United States economy. Third, and most importantly, the United States will take steps to deal responsibly with the millions of undocumented immigrants who already live in our country. The goal of the order is to keep focusing enforcement resources on actual threats to national security. “To focus on felons, not families. Criminals, not children. Gang members, not a mom who’s working hard to provide for her kids.”

To be clear, the executive order does not grant citizenship or permanent residency; it does not apply to anyone who has come into this country illegally recently; and it does not apply to anyone who might come to American illegally in the future. It is a temporary excuse from deportation and gives the people an opportunity to get their immigration status corrected. There are five different categories that people must fall into in order for the Executive Order to apply to them:

1. Deferred Action for Childhood Arrivals (DACA) program
Who •    Current DACA recipients seeking renewal and new applicants, including individuals born prior to June 15, 1981, who meet all other DACA guidelines.
What •    Allows individuals born prior to June 15, 1981, to apply for DACA (removing the upper age restriction) provided they meet all other guidelines.

•    Requires continuous residence in the United States since January 1, 2010, rather than the prior requirement of June 15, 2007.

•    Extends the deferred action period and employment authorization to three years from the current two years.

When •    Approximately 90 days following the President’s November 20, 2014, announcement.
How •    Go to the Consideration of Deferred Action for Childhood Arrivals (DACA) page for instructions which will be updated over the next several months. Subscribe to this page to receive updates by email.
2. Deferred action for parents of U.S. citizens and lawful permanent residents
Who •    An undocumented individual living in the United States who, on the date of the announcement, is the parent of a U.S. citizen or lawful permanent resident and who meets the guidelines listed below.
What •    Allows parents to request deferred action and employment authorization if they:

•                      Have continuous residence in the United States since January 1, 2010;

•                      Are the parents of a U.S. citizen or lawful permanent resident born on or before November 20, 2014; and

•                      Are not an enforcement priority for removal from the United States, pursuant to the November 20, 2014, Policies for the Apprehension, Detention and Removal of Undocumented Immigrants Memorandum.

Notes: USCIS will consider each request for Deferred Action for Parental Accountability (DAPA) on a case-by-case basis. Enforcement priorities include (but are not limited to) national security and public safety threats.

When •    Approximately 180 days following the President’s November 20, 2014, announcement.
How •    Subscribe to this page to receive updates by email.
3. Provisional waivers of unlawful presence
Who •    Undocumented individuals who have resided unlawfully in the United States for at least 180 days and who are:

◦                      The sons and daughters of U.S. citizens; and

◦                      The spouse and sons or daughters of lawful permanent residents.

What •    Expands the provisional waiver program announced in 2013 by allowing the spouses, sons or daughters of lawful permanent residents and sons and daughters of U.S. citizens to get a waiver if a visa is available. There may be instances when the qualifying relative is not the petitioner.

•    Clarifies the meaning of the “extreme hardship” standard that must be met to obtain a waiver.

When •    Upon issuing of new guidelines and regulations.
How •    Subscribe to this page to receive updates by email.
4. Modernize, improve and clarify immigrant and nonimmigrant programs to grow our economy and create jobs
Who •    U.S. businesses, foreign investors, researchers, inventors and skilled foreign workers.
What USCIS will:

•    Work with the Department of State to develop a method to allocate immigrant visas to ensure that all immigrant visas authorized by Congress are issued to eligible individuals when there is sufficient demand for such visas.

•    Work with the Department of State to modify the Visa Bulletin system to more simply and reliably make determinations of visa availability.

•    Provide clarity on adjustment portability to remove unnecessary restrictions on natural career progression and general job mobility to provide relief to workers facing lengthy adjustment delays.

•    Clarify the standard by which a national interest waiver may be granted to foreign inventors, researchers and founders of start-up enterprises to benefit the U.S economy.

•    Authorize parole, on a case-by-case basis, to eligible inventors, researchers and founders of start-up enterprises who may not yet qualify for a national interest waiver, but who:

◦                      Have been awarded substantial U.S. investor financing; or

◦                      Otherwise hold the promise of innovation and job creation through the development of new technologies or the pursuit of cutting-edge research.

•    Finalize a rule to provide work authorization to the spouses of certain H-1B visa holders who are on the path to lawful permanent resident status.

•    Work with Immigration and Customs Enforcement (ICE) to develop regulations for notice and comment to expand and extend the use of optional practical training (OPT) for foreign students, consistent with existing law.

•    Provide clear, consolidated guidance on the meaning of “specialized knowledge” to bring greater clarity and integrity to the L-1B program, improve consistency in adjudications, and enhance companies’ confidence in the program.

When •    Upon issuing necessary guidance and regulations.
How •    Subscribe to this page to receive updates by email.
5. Promote the naturalization process
Who •    Lawful permanent residents eligible to apply for U.S. citizenship
What •    Promote citizenship education and public awareness for lawful permanent residents.

•    Allow naturalization applicants to use credit cards to pay the application fee.

•    Assess potential for partial fee waivers in the next biennial fee study.

•                Notes: Go to the U.S. Citizenship page to learn about the naturalization process and visit the Citizenship Resource Center to find naturalization test preparation resources. You can also visit the N-400, Application for Naturalization, page.

When •    During 2015
How •    Subscribe to this page to receive updates by email.

Information from: http://www.uscis.gov/immigrationaction

All who fall into the above categories must be in good standing with the law and must not have a criminal record or ties to terrorism. Additionally, they will not have access to social welfare or any other form of government assistance. Thus, if you register, you must pass a criminal background check and must be willing to pay your fair share of taxes in order “to stay in this country temporarily without fear of deportation.”

Under the United States Constitution, “We the People of the United States” have been conferred fundamental, unalienable rights. Some people believe that “we the people” only refers to legal citizens of the United States; however, the Supreme Court has consistently disagreed. Although the term “illegal immigrant” does not appear in the Constitution, some of its rights and freedoms apply to illegal immigrants even though they are strictly prohibited from voting and possessing a firearm.

The Supreme Court has rejected the argument that the Equal Protection Clause of the Fourteenth Amendment is limited to U.S. citizens. The Court concluded that “an alien, who has entered the country, and has become subject in all respects to its jurisdiction, and a part of its population, although alleged to be illegally here” is entitled to equal protection of the laws. Yick Wo. V. Hopkins, 118 U.S. 356 (1886). Thus, regardless of the citizenship status of an immigrant and whether or not they are lawfully present in the United States, they are entitled to equal protection under the laws of the United States.

Moreover, the Court has settled that the Fifth and Sixth Amendments apply to all people, including illegal immigrants. The Court stated, “ . . . it must be concluded that all persons within the territory of the United States are entitled to the protection guaranteed by those amendments, and that even aliens shall not be held to answer for a capital or other infamous crime, unless on a presentment or indictment of a grand jury, nor be deprived of life, liberty, or property without due process of law.” Wong Wing v. United States, 163 U.S. 228 (1896). Therefore, regardless of an individual’s immigration status, every person is entitled to due process under the law. Generally, due process means: (1) notice to the person to fully inform the individual of the decision or activity that will have an effect on their rights, and (2) the right to be heard (a trial or hearing). Further, equal protection extends First Amendment protection to everyone covered by the Fifth and Fourteenth Amendments. Under the First Amendment, “Congress shall make no law [establishing religion] or prohibiting the free exercise [of religion]; or abridging the freedom of speech.”

Contact Information