posted by admin on Feb 15

The purpose of the K1 visa or fiancee visa, as it is often known, is to allow the male/ female fiancee of an American citizen to enter the U.S. for a period of 90 days so that they can marry the American citizen.

This in itself is not permission to stay indefinitely as it is only valid for three months. The marriage must occur during the 90 day period. After marriage they will need to make a separate application to the Department of Homeland Security to have their status adjusted to permanent resident. The dependents of the foreign fiancee, who must be under 21 years of age, are permitted to enter the US on a visa known as a K-2 which is not separate to the fiancee visa, but part of the K1 visa application.

The first step in obtaining a K1 visa is that the U.S citizen must submit a petition for his or her fiancee with the office of the Department of Homeland Security, which has jurisdiction over the application.

The requirements for the K1 visa are that the American citizen must prove that he or she has met their fiancee in person at least once in the previous two years before the date of submitting the fiancee visa application, unless a waiver is approved. That he or she has the intention to marry the foreigner, and that the petitioner is legally able and willing to marry within 90 days after the entry on the fiancee visa.

The next step once the request for a K1 visa has been approved by the Department of Homeland Security is that the they will then forward their acceptance of the visa application to the fiancee home country at their nearest US consulate.

The immigration official has every right to decline the visa even though the Department of Homeland Security has already approved the applicant.

The reason the consulate may decline the application is that the approval from the DHC is only an approval for marriage, but not permission to enter the United States. Permission to travel to the US is up to the consulate who will issue the entry visa.

To receive an entry visa and the actual K1 visa in their passport, the applicant will need to provide a great deal of documentation, and satisfy the consular official that this application satisfies all the legal requirements for an entry visa.

Some of the paperwork that will be needed is the following, but the consular official can request any other information that they see fit. A passport that is validity for six months or more after the date of the interview. If the passport has less than six months remaining, a new passport must be applied for.

Basic certificates of birth or previous marriage certificate are required and legal evidence of divorce or the demise of their partner if appropriate. A medical examination will also be required. They will also require evidence of a relationship between the foreigner and the American citizen, this is the most unclear part of the application and will probably require a face to face interview to establish legitimacy of the relationship, although this in many instances must come down to a feeling by the consular official.

Once the K1 visa is issued it is good for travel to the USA for up to six months, and the applicants must then marry within 90 days after entry into the USA to fulfill the terms of the fiancee visa.

posted by admin on Feb 1

Just about every job you can think of comes with certain rights that your employer must abide by such as being treated fairly and with respect and being paid for work that you do. Regardless of your age, sex, race, religion, or sexual orientation, you are entitled to basic rights in the workplace regardless of where you live and work. While employment law differs from state to state, there are certain “unalienable” rights all employees are due. Because employment law is very complex and does vary in each state, if you feel you have been wronged in the workplace, it is imperative that you seek the legal assistance of a knowledgeable, experienced employment law attorney in your state.

The “legalese” definition of employment law sums it up quite precisely:

Employment law is the large body of laws, administrative rulings, and precedents which encompass all areas of the employer/employee relationship. Employment law is governed by thousands of federal and state statutes, administrative regulations, and judicial decisions. Some of the topics covered by employment law include: employment discrimination; wages; unemployment compensation; pensions; workplace safety; and Workers’ Compensation.

You can see why employment law is such a vast area and requires expert knowledge that only an employment law attorney can provide. Many people are not even aware of their rights as employees and for this reason, some employers may try to take advantage of an employee’s lack of knowledge in this area. These unscrupulous employers may try to use little tricks or tactics to get away with under-paying an employee or to get employees to do tasks that are really not part of their job description.
Many employees do whatever their employer asks of them for fear of getting fired, but this should not be the case. Employees should know their rights, and when those rights are trampled on, they should contact an experienced employment lawyer who can take action against an unethical or even criminal employer.

Examples of Employment Law Issues

A qualified employment lawyer will handle workplace issues such as:

– Wrongful Termination of Employment or Demotion
– Employment Discrimination (age, race, religion, sexual orientation)
– Sexual Harassment in the Workplace
– Disability Discrimination
– Pregnancy Discrimination
– Fair Employment and Housing Act (FEHA)
– Retaliatory Termination of Employment
– Discrimination Based on Military Service (USERRA)
– Family Medical Leave Act /Family Rights Act
– Title VII
– Overtime Pay Claims
– Meal and Restroom Break Claims

posted by admin on Jan 15

98% of medical malpractice victims never recover a penny. Why?

A study by Harvard University revealed that only one of eight victims of medical malpractice bring a claim for their injury. Many victims of malpractice are not aware that their injuries were caused by preventable medical errors and thus, do not seek compensation. Other malpractice victims do not believe in the civil justice system or do not know a medical malpractice lawyer. The overwhelming majority of victims of medical malpractice never bring a claim.

What happens to the others? The basic rules of malpractice insurance companies for defending malpractice cases are governed by the three D’s: Deny, Delay and Defend.

Many malpractice victims assume that the negligent physician and his insurer will admit fault for obvious medical errors and offer a reasonable settlement. Guess again! The rule of the malpractice insurance carrier will be to DENY the claim usually regardless of the claim’s merit. From the very inception of the claim, the defendant physician and his malpractice carrier will claim innocence and place blame for the victim’s injuries on the victim.

The second tack of the physician and his insurance carrier is to DELAY the lawsuit as frequently as possible. The median length of time of a malpractice lawsuit is 4.8 years and the primary reason are the frequent adjournments of the lawsuit. The defendant and his insurer will delay the lawsuit right up to the eve of the trial.

The third ploy of the malpractice insurer is to DEFEND the lawsuit. The defendant and his carrier will go full bore defending every issue involved in the lawsuit and will spare no expense. Malpractice cases often involve a dozen or more depositions, physical examinations of the malpractice victim and court appearances. The goal of the defendant and his insurer is to wear down the malpractice victim.

By the time your case gets to trial, the defendant and his insurer have put you through the proverbial ringer. Some malpractice victims do not want to deal with the stress and anxiety of a trial, while their attorney has invested tens of thousands of dollars to get your case to trial. The defendant is hoping you fold your cards and go home. If you drop your case, the strategy of the malpractice insurer worked.

The key for the malpractice victim is to focus on the original reason the lawsuit was brought: JUSTICE.

posted by admin on Jan 1

Criminal law, additionally referred to as penal law may be a term used to discuss with totally different rule bodies in distinct jurisdictions. One common characteristic of those rule bodies is the propensity for distinct and heavy judgments as punishments for failing to comply. Criminal punishment that depends on the jurisdiction and offense committed can include the loss of 1′s liberty, fines, government supervision such as probation or parole and even execution. An attorney seeks to defend the accused individuals against such eventualities. There are various archetypal crimes like murder. It is price noting the forbidden acts aren’t completely consistent between distinct criminal codes. However, even in specific codes, the lines might be unclear. This is as a result of civil refractions are also probably to convey rise to criminal outcomes. In most instances, it is the govt that enforces criminal law. This is unlike civil law which could be implemented by private parties.

Punishments of Criminal Law Violation

Criminal law is different for two reasons; the failure to place up with its rules and therefore the uniquely severe attainable outcomes. Each offense is comprised of what could be imposed in various jurisdictions for some of the most severe offenses. Physical outcomes may be imposed. But, these outcomes are forbidden in most components of the universe. Relying on one’s jurisdiction, individuals may be during a range of conditions. Incarceration may be solitary. The confinement amount

could be as short jointly day and so long as one’s entire life. Supervision by the govt. together with house arrests, confiscating property and money from people convicted of offenses might be imposed. What’s more, offenders may be obligated to evolve to specialised rules as half of the probation and parole regimen.

By punishment, there are 5 widely accepted objectives within the enforcement of criminal law that an attorney seeks to defend offenders against. These are retribution, incapacitation, deterrence, restitution and rehabilitation. However, it is price noting that when it comes to the value placed on each one amongst them, jurisdictions differ.

Objectives of Criminal Law Enforcement

Retribution – Offenders must bear some kind of suffering. This can be the target most commonly seen. Offenders are considered to not solely have caused unfair detriment on others but additionally to possess taken unacceptable higher-hand. Accordingly, an attorney with the assistance of criminal law is said to place the offenders in an unpleasant disadvantage hence balancing out the scales. People surrender to law thus as to gain the proper to not be killed. If individuals flout the laws, they offer up the rights given to them by the laws. Therefore, people who kill could additionally be killed. One related hypotheses contains the correcting the balance idea.

Deterrence – Individual deterrence is intended at specific criminals.

The intention here is to impose adequate punishment so as to discourage offenders from criminal behavior. General deterrence is meant for the overall public. By imposing penalties on offenders, other individuals are put faraway from committing the identical crimes.

Incapacitation – This is intended to stay offenders faraway from the public therefore as to guard society from their delinquency. Nowadays, courts of law with the help of attorneys use jail sentences to realize this.

Banishment and therefore the death penalty additionally serve an identical purpose.

Rehabilitation – Courts of law and the attorney use this to rework criminals into helpful members of society. Its chief objective is to convince criminals of their wrong doing therefore preventing additional crimes from occurring.

Restitution – This is often a punishment theory that is victim oriented. The intention is to use the state authority to fix damages inflicted by criminals on innocent victims. For instance, people who misappropriate are needed to reimburse the quantity acquired unjustly. Typically, restitution is place along with alternative chief objectives of criminal law and is directly linked to civil law ideas.