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Archive for the ‘Legal’ Category

How does Asylum work in the United States?

Friday, February 3rd, 2017

Asylum – Those who have a well-founded fear of persecution if they return to their home country may apply for asylum if their fear is based on any of the following grounds:

Political opinion

Religious belief

Nationality

Race

Membership in a particular social group

If a person is granted asylum, after one year he may apply for permanent resident status.

Withholding of deportation – Similar to asylum, with the following two exceptions

         The alien is not permitted to apply for permanent residence, and

         USCIS is only prohibited from placing in deportation proceedings the alien to the country where he fears persecution, not to third countries which are willing to accept him.

Legalization and Registry – Once an illegal alien has been found qualified for legalization or “amnesty” by USCIS, the deportation hearing will typically be terminated since the alien will have attained the legal right to remain in the United States.

Registry is another means of attaining lawful permanent residence in the United States. It is available to aliens who have resided continuously in the U.S. since prior to January 1, 1972, who are persons of good moral character, who are not deportable on certain aggravated grounds, and who are not ineligible for citizenship. Registry may be applied for affirmatively, not only as a defense to deportation.

Voluntary Departure – If you are ineligible for all of the above forms of relief from deportation, you should still consider applying for voluntary departure. Departing voluntarily from the U.S. avoids both the stigma and the legal impediments to return to the U.S. imposed by deportation.

Voluntary departure is available to aliens who are not deportable on aggravated grounds, who have the means to pay for their departure from the United States, who agree to depart within a period of time granted by the Immigration Judge, and who can establish good moral character during the previous five-year period.

All forms of relief from deportation, except withholding of deportation, may be granted at the discretion of an Immigration Judge. Final orders of an Immigration Judge can be challenged with an immigration appeal to the Board of Immigration Appeals, and from there to the appropriate U.S. Court of Appeals.

A Brief History of Experts

Wednesday, December 14th, 2016

A Guide to Divorce and Legal Separation

While it is true that the impact of divorce cannot mitigate the loss of life that it once wanted to build, there is still an unmistakable role where a legal separation can benefit and ascend both parties. Legal separation can provide parameters for co-parenting, child support, and spousal support while still maintaining the marital status. With legal separations the doors have not close on reconciliation or resuming the marriage relationship.

When a couple choose to live apart but remain legally married they are legally separated, and this condition is a contractual undertaking and court-honored agreement between the couple. It often is also pursued when the parties want to stay married for religious reasons, when they want the advantage of documentation of spousal support payment (income tax reasons), when they want to maintain various insurance coverages, or when they do not want to wait for the state’s statutory period for termination of their marital status.

With legal separation, the parties are given an opportunity to set out the terms of their divorce in advance. A legal separation agreement can outline whatever terms the couple feels are important, but it typically focuses on details such as who lives where and who agrees to take possession of what property during the separation.

This devastation and wreckage that results from ending a marriage can be a very difficult experience that to attempt to make dissolution of a marriage go as smoothly as possible is an illusion.

There are many ways which the states have accommodates so that the impact of this action can be lessened. And thus the legitimacy of a legal separation agreement. The state then recommends that if spouses are to live apart of each other beyond a reasonable trial period, you need to obtain a legal separation agreement which is legally binding between the spouses to resolve issues such as the division of assets and debt, alimony/spousal support, child support, and visitation.

There are several steps to take to ensure that you are legally covered in a legal separation agreement because not every legal separation is the same. As with any legal decision, consult with an attorney. Divorce requirements of the state and waiting periods are the two concerns which you should ask your lawyer about.

And, before your sign any legal separation agreement you should let your divorce lawyer review it first to make sure that it is beneficial for both of you. It is important for an attorney to review the document because you should consider that this separation agreement could also become your divorce agreement. A divorce lawyer will see to it that the terms in the agreement is beneficial to all the parties involved in the separation.

Source: http://www.desperatehouselife.com/getting-through-a-rough-relationship.html