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¿Puede Presentar un Reclamo por Lesiones Personales en Herndon Desencadenar la Remocion?

 Posted on July 15,2024 in Español

abogado de inmigración del condado de Fairfax, VALa cuestión de si un inmigrante indocumentado puede presentar una demanda por lesiones personales nunca ha sido abordada por la Corte Suprema de los Estados Unidos. Diferentes estados han llegado a diferentes conclusiones con respecto a este tema. Al decidir si los inmigrantes indocumentados tienen las mismas protecciones que los inmigrantes legales, la Corte Suprema de Virginia ha fallado afirmativamente. El Estado de Virginia no permite que  se mencione el estado migratorio durante una demanda por lesiones personales.

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Can Filing a Herndon Personal Injury Claim Trigger Deportation?

 Posted on July 02,2024 in Uncategorized

Herndon, VA immigration lawyerThe question of whether an undocumented immigrant can file a personal injury claim has never been addressed by the U.S. Supreme Court. Different states have reached different conclusions regarding this issue. When deciding whether undocumented immigrants have the same protections as legal immigrants, the Virginia Supreme Court has ruled in the affirmative. The Commonwealth of Virginia does not allow immigration status to be brought up during a personal injury claim.

This means undocumented immigrants have the same right to recover damages following an accident caused by a negligent party as legal immigrants. This includes medical expenses, pain and suffering, and even lost wages. Unfortunately, the issue is not always this straightforward. You must speak to an experienced Herndon immigration lawyer before filing a personal injury claim to ensure your rights are protected.

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Will my K-1 visa be denied if I do not put the kids down?

 Posted on April 15,2024 in Uncategorized

The K-1 visa pathway, often referred to as the fiancé visa (and popularized by the television show, 90 Day Fiancé), serves as a gateway for non-United States citizens engaged to Americans to enter the United States for marriage purposes. This process demands meticulous attention to detail and absolute transparency throughout the application journey. One pivotal aspect is the acknowledgment of children.

Disclosure of dependents on K-1 visa petitions

While applying for a K-1 visa, the petitioner is tasked with completing Form I-129F, which requires the disclosure of any children. Neglecting to disclose this information has substantial ramifications for the application. United States immigration law mandates the full disclosure of all particulars, including dependents, as part of the visa application protocol.

Ramifications of concealment

Failure to disclose children on the K-1 visa application may be construed as misrepresentation. Such misrepresentation can culminate in visa denial and potentially invoke a permanent ban from entering the United States. It is paramount for applicants to recognize that candor stands as the cornerstone of the immigration process.

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How much is my car accident claim worth?

 Posted on April 15,2024 in Uncategorized

This is a question that car accident victims often ask, and for good reason. You want to make sure you get as much out of your claim as possible, otherwise months or perhaps even years from now you could find out that you don't have the resources needed to truly offset your losses.

To prevent that from happening, you need to know how to analyze your claim and how to advocate for the compensation that you deserve. That's why with this post we want to look a little bit at how to assess your claim.

Assessing your car accident damages

Your car accident can touch nearly every aspect of your life. So, as you analyze your personal injury claim, look at how your accident has negatively impacted those portions of your life. This includes assessing each of the following:

  • Financial losses: Sure, you'll want to try to recover money that you've already spent on your medical care, rehabilitation, and lost wages, but you can't skimp on fighting for your anticipated losses. This requires you to take a forward-looking approach to your claim so that you capture anticipated medical and rehabilitative expenses and well as expected lost wages. Also consider how your injuries have impacted your ability to advance in your career. You want to be as broad and wide-reaching as you can when assessing how your accident injuries have negatively impacted your finances, and you'll want documentation to back up your position.

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Immigration & Criminal Law Can Sometimes Overlap

 Posted on April 11,2024 in Uncategorized

Virginia residents who are new to the United States are often wary of dealing with law enforcement. This is understandable, but sometimes these interactions are unavoidable.

According to the law, there are instances in which law enforcement officers need a warrant to make an arrest. In others, they do not. When officers are investigating certain cases and a person who they believe might be an illegal immigrant is involved in alleged criminal activity, both criminal procedure and immigration can be involved. People in this situation should be aware of their legal rights and options.

People in the United States illegally can be arrested for it

Virginia law says that, under certain situations, law enforcement officers have the power to make arrests without a warrant. That includes State Police, sheriffs, members of a city or town police force, U.S. Coast Guard and Coast Guard reserves, members of the Capitol Police and others.

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What are the options when immigrants face expedited removal?

 Posted on March 24,2024 in Uncategorized

For people who are already in the United States and are confronted with the possibility of being deported, there may be protections available.

Some are dealing with expedited removal. This means that the person can be removed and does not have the right to a hearing or review. It is important to remember that there are exceptions to expedited removal and some might be able to avoid it. They could even be allowed to remain in the United States.

Expedited removal and exceptions

The following people can be subject to expedited removal:

  • People who enter the country without valid entry documents and those who enter the United States by using fraud or misrepresentation
  • Those who arrived by sea without valid documents and were not admitted into the United States or paroled by immigration authorities, and cannot show they were physically in the country for a minimum of two years before they were apprehended.

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Three steps for building a successful case for alimony

 Posted on March 08,2024 in Uncategorized

Your financial well-being is at stake when you go through the divorce process. If improperly handled, the property division process can leave you without the assets you need to be financially stable post-divorce, and an inadequately prepared case for spousal support can leave you without the monthly support that you need to stabilize yourself until you become self-sufficient. While you should be able to secure your fair share of the marital estate, there's no guarantee that you'll recover any sort of spousal support.

That said, there are steps that you can take to better position yourself for a successful alimony argument. Let's take a closer look at some of those steps so that you know what you need to do moving forward.

How to position yourself for a successful spousal support argument

Keep in mind that there are various types of alimony. The most common is rehabilitative in nature, meaning that its purpose is to support you until you can become self-sufficient, such as by obtaining education, training, and employment.
Regardless of the type of alimony you seek, there are some steps that you should take to position yourself for success.

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Inmigración: Barreras condicionales al buen carácter moral

 Posted on October 05,2023 in Uncategorized

La determinación del buen carácter moral es una parte importante en el proceso de naturalización para quienes desean convertirse en ciudadanos estadounidenses. Esta evaluación puede ser complicada por la presencia de barreras condicionales en la ley de inmigración de los Estados Unidos.

Este proceso implica que las autoridades revisen su historial penal (enlace en inglés) para determinar si ha sido condenado por un delito que afecte su buen carácter moral y su elegibilidad para la naturalización.

Es importante señalar que existen barreras permanentes que pueden resultar en una prohibición de por vida para solicitar la naturalización. Estas barreras se aplican en casos de delitos graves y violentos, como homicidio.

Por otro lado, hay delitos menos graves que pueden generar una barrera condicional. Un ejemplo común de una barrera condicional es el manejo en estado de ebriedad. Aunque este delito puede afectar su capacidad para demostrar un buen carácter moral, no lo descalificará de por vida.

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Tips for dealing with the stress of a DUI charge

 Posted on October 02,2023 in Uncategorized

Stressing out about your drunk driving charges is a normal response, especially when you're worried about the ramifications it can have on your immigration status, that doesn't make dealing with your situation any easier, but it can help you slow down and focus on the fight ahead. Although the prosecution is probably threatening significant penalties against you, and threats of deportation may come into play, take comfort knowing that most DUI cases result in either dismissed charges, acquittal, or a plea agreement that saves the accused individual from the harshest of penalties while salvaging their immigration status.

So, while you'll certainly need to devote a significant amount of time toward building your criminal defense, you'll also want to find a way to take care of yourself while your case plays out. How can you do that? We hope this post will provide some guidance in that regard.

Ways to cope with the stress of a DUI charge

Getting through your criminal case isn't going to be easy. Yet, there are steps that you can take to alleviate your stress so that you can focus on your case and protect your future. Here are some of them that you can take right now:

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What are my options if I get into a car wreck on the job?

 Posted on September 29,2023 in Uncategorized

Many Virginians drive vehicles as part of their jobs. Aside from truckers, delivery drivers and other professional drivers, many others are expected to travel between worksites or to visit customers.

Whenever a worker drives for a living, there is also a chance they will get into a serious motor vehicle accident while they are on the job. These accidents could leave a person unable to work and facing major bills for medical and other expenses.

Without help, the victim and their family may have to bear these financial losses alone.

Furthermore, no one should underestimate the real cost of the pain and emotional fallout that comes in the wake of a major automobile accident.

Victims deserve compensation for these non-economic costs as well, even though they can be harder to put an exact dollar figure on.

If a person gets hurt on the job, workers' compensation may be available to help them. However, this benefit will not cover all their losses. For one, workers' compensation does not cover non-economic losses.

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