Monday, April 5, 2010

The Flaws of Sobriety Tests

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You may be subjected to a field sobriety test because of erratic driving, or after being stopped at a field sobriety checkpoint. Unfortunately, these field sobriety tests are often flawed because of their subjectivity, the type of environment you are taking the tests in, and your personal sense of balance, which may or may not have anything to do with drinking alcohol.

The only good news is that if you are arrested for a DUI, your Virginia DUI defense lawyer can attack and disprove the results of your field sobriety tests in court.

What is a Field Sobriety Test?

Field sobriety tests (FSTs) are subjective experiments that are used to determine if a person is driving while impaired. These tests are meant to evaluate your:

Motor skills
Coordination
Mental awareness
Ability to pay attention

An officer who suspects you of a Virginia DUI will generally administer the test. A driver may refuse to perform any tests that an officer requests. The best way to do this is to tell an officer that you would first like to speak to an attorney.

The Nystagmus Test

In these field sobriety tests, an officer will look to see if your eyes make any trembling or jerking movements. He will do this by having you follow a flashlight or pencil with your eyes.

If your eyes do make such movements, it may suggest that you are under the influence of alcohol. But this may also be due to nervousness or certain medical conditions. This is not a good way of determining any definite level of intoxication for a Virginia DUI.

Standing on One Leg

This test is used to measure your balance. An officer may ask you to stand on one leg for 30 seconds while simultaneously counting aloud or picking up an object from the ground. If you lose count, lose your balance or show poor coordination, the officer might suspect you of a Virginia DUI.

Again, nervousness may play a part, the ground may be uneven, or you may simply have poor balance. Whatever the case, a good Virginia DUI attorney may be able to argue that this test was an unfair measure of your supposed intoxication.

Finger to Nose

Another common field sobriety test is one called “finger to nose.” In this test, an officer will have you:

Stand with your feet together
Close your eyes
Extend your arms
Bring your finger to your nose

If you lose your balance, miss your nose or show any signs of trembling, then once again you may be suspected of a Virginia DUI and arrested. But like the other field sobriety tests mentioned above, finger to nose can be disorienting, even if the participant is completely sober.

Before you plead guilty to a DUI in Virginia, speak to a qualified Virginia DUI attorney about your case.

Research is a Must Before Investing in an EB-5 Investment Visa

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Past performance doesn’t tell the whole story.

The EB-5 program provides a way for potential immigrants to the United States to make job-creating investments in the American economy in exchange for permanent green cards. Investments made under this program must create at least 10 jobs and meet a number of other stringent requirements. The EB-5 investment visa operates using regional centers for investing that are in targeted areas of economic strife and high unemployment. For the investor, selecting a sound regional center is vital to not only protect the minimum $500,000 that is on the line, but also their green card status.

Unfortunately many investors falsely believe the older the center, the more secured their investment will be. This isn’t always the case. Courtesy of the worldwide economic downturn, some established programs, despite their track record of positive returns, could turn out to be more speculative in nature than others.

Potential EB-5 investors should do their homework and carefully consider the options. Past performance is not the only factor to consider. Investors need to educate themselves about the options before selecting a regional center.

For the potential investor seeking a visa, making the right decision on where to place money is important for protecting the possible return of that investment. The success of a program can also impact residency status, which makes it doubly important for investors to get expert guidance.

The principals of Which EB5 are advocates of immigrant investors and have chosen to be independent by not representing any one regional center. They have worked with more than 900 families and more than 150 who have opted for a regional center program.

Saturday, April 3, 2010

How to Find Out If You Have a Warrant For Your Arrest

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a judge can issue a warrant for arrest for several reasons. These include failure to appear in court, a law enforcement scrutiny and investigation resulted in enough evidence to accuse you of a crime, an outstanding motor vehicle violation or failure to comply with work release conditions.

if you suspect that there is a warrant out for your arrest the first thing that is needed is to confirm the warrant. There are a couple of resources available to you that can provide some important information regarding any outstanding warrants. The first place to contact would be your local sheriff’s department. A call placed to the main line may or may not provide the information you need. If they refuse to provide this information over the phone, you can visit the sheriff’s department in person and speak with the clerk. Please note that if you do have an outstanding warrant and you visit the law enforcement agency in person, they will most likely place you under arrest.

an alternative to the sheriff’s department would be to call your local courthouse and speak with the county clerk. If they too refuse to provide information over the phone, you can go down to the courthouse and speak with the clerk directly. This option it is less likely that you will be arrested on the spot.

an alternative to the ‘do it yourself’ approach would be to contact a criminal denial and defense attorney. They will be able to find out if there is an outstanding warrant or if you are being investigated by law enforcement.

once you determine that you do have a warrant for your arrest, the next step would be to arrange your surrender into custody. Keep in mind that if you get pulled over for a din and traffic ticket, the police can arrest you on the spot for having a warrant out. You can agitate and control the process better if you are proactive and work with a criminal denial and defense attorney who can schedule your surrender with the courts. If the charges will require bail, it is recommended that you contact a bail agent or bail agency prior to surrendering. This will allow the agent to explain the process and all fees, collect information about you and entire and complete the paperwork prior to being taken into custody. It is always better to have everything completed and ready for surrender than to try and entire and complete this after you are in custody.

What Makes Canada the Country to Immigrate To?

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when it comes to deciding upon a country to immigrate, nothing can beat canada. It is one of those few nations in the world that actually considers its immigrants an asset. When compared to the immigration process followed by other developed nations, canada is more flexible and an easier destination to immigrate to and settle down.

canada has been accepting a high number of new immigrants year after year. This year, the country would see around two hundred and sixty five thousand fresh immigrants seeking better opportunities in the country. This number is going to be the highest in the last fifteen years. Adding to this, the minister for canadian citizenship and immigration, jason kenney emphasized on his promise to maintain the immigration program in canada.

one of the reasons for the nation’s popularity amongst immigrants is its recently introduced speedy application processing. More than three fourth of the immigrants who come to canada become a citizen of canada. This makes the country having the highest level of naturalization in the world. The main reason behind this is the rapidly short periods of time for application processing. It only takes around 12 to 18 months for the application to be processed unlike other countries where it takes a few years.

the organization and system followed by the canadian officials includes different divisions with each division catering to a particular canadian visa. However, since 2008 all the visa applications, irrespective of the type of visa applied for are being sent to the centralized office at nova scotia. This ensures a further reduction in time required for processing. Although, the office varies depending on the type of visa applied for.

based on the current requirements in the local market, priority processing is allotted to the relevant visas. These are based on the experience and skill shortages which lead to the lack of the fundamental and necessary workforce to fill in the gap.

other important reasons for the nation’s efficiency and success amongst immigrants are its high standards, safe and multicultural ambiance. Being one of the richest countries in the world, it offers excellent facilities in the form of infrastructure and other services. This leads to some of the aspects being taken for granted and does not require extra expenditure to be spent on. It offers for good social services in the form of a proper health care organization and system and other fundamental and necessary amenities.

having a multicultural society makes it easier for an immigrant to settle down. It is easier to find people from different ethnicities living together in one community. There are more chances for an immigrant to find people of his own ethnicity. Additionally, such societies are very liberal in nature. So, one is permitted to practice one’s own customs and legends and traditions without posing difficult to the other.

the dual language community offers one to select the place where in one could easily select a place of convenience to live in. With this, protection and safety is the most important issue for any immigrant moving to canada with his family. One can find lesser crime and murder rates when compared to other nations. Laws regarding human rights are given greater consideration amongst others. The nation has four different bodies catering to the same. Additionally, it permits marriage for the same sex couples as well.

sustained economic growth is another aspect that attracts prospective immigrants to canada. Despite recession, canada is one of those very few countries that have had its economy on a sustainable mode. With its stable economy on a growth, projecting employment on a full-time substance and basis has increased constantly in the last few months.

population is another issue which ensures that a good number of immigrants walk into the country to make up for the employment and the numbers in general. With more and more people reaching the retirement age, it might lead to a hiatus in the employment rate with no workforce to be placed. Thus, the lack of human resources is another aspect that makes sure that the numbers are met via the process of immigration. These demographic factors are one of the main reasons for the reduction in trade, purchasing place and power which might affect the canadian standards of living. Immigration is the shortest and easiest way to cater to this issue.

skill demand is another factor for which immigration is the answer. There are certain personal and specific industrial sectors which the canadian government has known and recognized. The government of canada has been unable to find qualified and skilled workers to work in these sectors. For this aim and purpose, the citizenship and immigration canada has come up with a priority career and occupation list which lists all the occupations that are in need of skilled workers who could contribute to the economy of canada. This list is updated on a regular substance and basis based on the needs of the economy.

flexible parental sponsorship laws for dominant and permanent residents and citizens with quick processing of such applications (often within 3 to 4 years) means that the family reunification in quick and fast.

to conclude, it can be said that productivity is captured by the nation via the process of immigration. More so, it is of mutual benefit to both the immigrants who are getting better opportunities as well the nation which is booming its economy. And, so immigrants play the role of further building the nation and the key to its development and culture and economy.

Friday, April 2, 2010

K1 Visa Thailand - What If My Thai Fiancee Worked in a Bar?

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in the kingdom of thailand, the laws relating to prostitution are somewhat opaque when it comes to the personal and specific legal definition of prostitution. This legal “gray area,” can lead to some problems for those who wish to bring a significant other back to the united states as the significant other may be barred from entering the us.

the issues of prostitution, whether legal or illegal, and united states immigration from thailand can sometimes be intertwined. There are some cases in which an american citizen wishes to bring loved one back to the usa, but the loved one is found inadmissible under the provisions of the united states immigration and nationality act section 212(a)(2)(d). This requires that an individual be found inadmissible to the us if the individual is coming to america in order to engage in acts of prostitution or to procure prostitutes. Further, the act imposes inadmissibility upon anyone who:

“directly or indirectly procures or attempts to procure, or (within 10 years of the date of application for a visa, admission, or adjustment of status) procured or attempted to procure or to import, prostitutes or persons for the aim and purpose of prostitution, or receives or (within such 10-year period) received, in whole or in part, the proceeds of prostitution. . . “

this can lead to many obstacles for some bi-national couples when a thai girlfriend, boyfriend, fiance, or spouse worked in the sex industry. There are those who have wondered if merely laboring in an otherwise legitimate capacity within the confines of an structure and organization that promotes prostitution could be viewed as an exception to the relevant language contained in 212(a)(2)(d). It is this author’s opinion that this would not be considered an exception as the law clearly states that a foreign national is inadmissible if they received the proceeds of prostitution which could be interpreted quite broadly. Thus, if there is a possible prostitution issue in a given case, then it is generally advisable to simply tell the truth and deal with the consequences. Which begs the question: what is the reasonable and practical result of an admission of the existence of a legal grounds of inadmissibility under 212(a)(2)(d)? Firstly, the american visa application will be subject to denial, and this denial cannot be appealed. That being said, there is a legal remedy in the form of an i-601 waiver of excludability.

an i-601 waiver petition, if it obtains approval, allows a foreign national to be issued a visa regardless of the fact that a legal grounds of excludability (inadmissibility) exists in a given case. That being said, obtaining a waiver can be difficult as the petitioner must show that failure to grant the waiver would result in “extreme hardship” to a united states citizen or lawful dominant and permanent resident. Proving such hardship often requires the advice and assistance of competent and experienced legal professionals trained to understand the discrete legal and factual issues present in a situation which calls for an i-601 waiver.

Thursday, April 1, 2010

Bail Bonds? Easy As Pie

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beating the bail bonding process is surprisingly easy, and anyone can do it providing they’ve got the right tools at their disposal. It’s not that hard to choose a high quality bail bond agency that will be able to bail someone out of jail quickly and easily for you, you just have to be prepared to spend a bit more time searching instead of randomly picking a number out of the phone book. Use the place and power of the internet to find a bail bond agency that suits your needs, and then talk to them about your personal and specific concerns. If they can’t offer you entire and complete reconciliation and peace of mind, and they don’t sound professional enough to you, just move on, there are plenty of other agencies to choose from.

ultimately, your part of the bail bonds in process comes down to choosing a good agency. If you do that, the rest is almost on autopilot, and there is minimal input on your part. Once you’ve chosen the agency, you’ll have to give a few impertinent and personal dates and details and offer up the 10% premium at that time. You’ll also have to sort out the collateral that you are going to be giving to the agency to cover the rest of the bail bond. If you have any problems with the financing options that you’ve been given, don’t be afraid to ask them about it and try to find a solution together.

when you choose a good bail bondman, you beat the bail bonds process. They will be able to bail someone out of jail within a matter of hours, and they’ll do it in a professional manner with minimal fuss. It’s an incredibly sane and simple process when you’ve got the right people in front of you to lead you in the right direction.

When Should a Foreign National Seeking Employment in the US Disclose Their Legal Status?

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foreign nationals often face a sedate and serious dilemma when seeking work in america – whether and how to communicate legal status as a worker when it is impossible to avoid presenting a background that indicates that their national origin is outside of the united states.

this is a sticky issue with foreign workers because national origin is a status that is protected by u. S. Employment comparison and discrimination laws, with the exception of foreign workers who are not legally authorized to work in the united states. For this reason some initial disclosure of legal work status may be advisable under certain causes and circumstances prior to being asked.

background:

the authorization of employment of foreign workers, and verification of their legal status in the united states, is regulated by the department of homeland comfort and security, u. S. Citizenship and immigration services. This agency grants legal status to foreign workers through the issuance of a number and variety of dominant and permanent work authorizations (often generally referred to as “green cards”) and transitory and temporary work visas.

green cards are issued to foreign workers who can show that there is a shortage of workers in their field and that their pay rate does not undermine the potent and prevailing pay rate of u. S. Workers. This involves a labor certification process that typically takes from two to six months. There are other documentation and interviewing requirements that can make the process rather lengthy. Once the process is entire and complete the worker can work for any employer in the united states. Unlike dominant and permanent work authorizations, transitory and temporary work visas are typically tied to a particular business or academic structure and organization that must act as the foreign worker’s sponsor. The foreign worker must obtain a new work authorization to change employers in the united states.

the verification process is performed by employers who must require all new employees to entire and complete an i-9 form at the time of hire. This document requires the employer to verify the employee’s authorization to work in the united states, by examining complex and various documents listed on the form, at the time of hire. The employee must certify their personal and specific work authorization status (citizen, non-citizen national, dominant and permanent work authorization, transitory and temporary work authorization) on the form. A foreign worker who requires sponsorship for a transitory and temporary work authorization will not clear the i-9 hurdle unless the sponsorship and transitory and temporary work authorization have been granted. Employers are required to keep the i-9 form on file for three years, or one year after employment ends, whichever is longer. The u. S. Department of labor enforces these requirements through employer record inspections, which may be conducted without warning.

these regulations mean additional time and money costs for businesses that hire foreign workers due to the need to hire additional staff and outside professionals to provide compliance, as well as the expense of obtaining and converting work visas to dominant and permanent employment authorizations. These costs form a significant burden on employers that add to fears that already exist regarding the hiring of any new employee. The employer’s cherish and guard goes up when the prospect’s initial employment marketing documents (resume and cover letter) indicate that he or she may be a foreign national.

strategic considerations:

an employer may not legally ask questions about national origin in the pre-hiring process. For this reason a job candidate is not required to provide this information until they entire and complete an i-9 form after an offer has been extended and accepted. This is a problem for a foreign worker who needs a sponsored transitory and temporary work visa to begin work. If they wait until they are hired to disclose their status to the employer they risk withdrawal of the employment time and opportunity. The withdrawal based on national origin is legally permissible and the employer may justify it, from a business standpoint, on the sudden confrontation with additional and significant time and expense involved in putting this person to work. For this reason the foreign worker should disclose their status earlier in the hiring process.

the real question at this point is: when and how do i make this disclosure? Do i put it in a resume, a cover letter, or both? Do i leave my need for sponsorship out and disclose it at an interview? This depends very much on the personal and specific context of the employment time and opportunity, an assessment of how an employer will react to a particular disclosure at a particular time, and the obviousness of the candidate’s status as a foreign national. Finally, and perhaps most important for a candidate, is the need to make any disclosure in manner that is real and positive and contributes to the candidate’s capacity and ability to sell their employability.

in the case of dominant and permanent work authorization (“green card”) holders, disclosure depends on how superficial and obvious their national origin is on the face of their resume. If their foreign nationality is not visible and apparent then there is probably no need to make a disclosure. If the opposite is true a green card holder must presence and address it through disclosure in terms of where, how, and when, or risk being screened out of consideration based on a faulty perception that more resolution and effort is involved in hiring this worker than would be required for an american worker.

candidate’s who fall under either the transitory and temporary worker or the dominant and permanent residence status, and who are confronted with making a decision of whether or not to make a disclosure related to their foreign national status, should consult an employment professional who is well versed in interview coaching, resume writing, and the organization and system for employing foreign workers in the united states. This professional can help you determine whether to make such a disclosure during the employment process, and when and how to do so. These are very important considerations in helping you win the job in a very competitive job market.

Wednesday, March 31, 2010

The Effects of Driving Under the Influence - The Facts of Driving After Drinking

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every person will react differently when driving after drinking alcohol. To be on the safe side, never drive a vehicle after drinking even a small amount of alcohol, or any other drug. Before you even consider drinking and driving, learn about some of the effects alcohol has on a person’s body.

for a driver to make a safe, educated decision while they’re driving, a person needs to use visual clues, motor skills, cognitive attention, and physical coordination. How much these factors are queer and affected by the consumption of alcohol depends on the size of the person, and how acclimated their body is to drinking.

alcohol remains in the blood for 1 to 2 hours after drinking. The following conclusions can be made based on sex, weight, and metabolism rates:

a 200 pound man who drinks 3 beers over the course of an hour will register a bac (blood alcohol concentration) of. 039%, which is under the legal limit. Trading those beers for a harder alcohol, such as whiskey, puts you a little closer to the legal limit and raises the bac to. 046%. Consuming 4 beers within an hour will result in a bac of. 058%, high enough for a dwai arrest in some states. Four drinks of the harder alcohol will get you a bac of 0. 067%, closer yet. Consuming 5 beers in an hour will result in a. 077% bac. Five drinks of hard liquor will put you over the limit at. 088%.

a 110 pound woman will have a bac of. 078%, over the legal limit, after drinking 3 beers in one hour. If the same woman drinks 3 whiskey sours in an hour she will have a bac of. 091%, definitely over the legal limit. Drinking 4 beers in an hour will result in a bac of. 116%, which is over the legal limit to drive. Four drinks of the harder liquor will give her a. 113% bac, over the limit. If she consumes 5 beers in an hour her bac will be. 154%, which is almost twice the legal limit. If she does five whiskey sours in an hour, her bac will be. 175%.

spreading the drinks out over more than an hour time limit will result in a smaller bac number. If the 200 pound man who drank 4 beers took 2 hours to drink them, instead of one, his bac would lower to. 041% instead of. 058%, which is under the legal limit and below the limit for dwai, although close. Extending the consumption time has a solemn and dramatic gusto and effect on bac.

information taken in by vision, perception, coordination, motor skills, and a person’s capacity and ability to understand that information lessens as a person’s bac rises. A 150 pound man who consumes 3 beers in an hour gives him a bac of 0. 052%, which is legal to drive in all 50 states, but in colorado and some other states which have a dwai offense, otherwise known as “driving while capacity and ability impaired” he could be arrested.

Petitioning Loved Ones Through Family Based Immigration

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generally, there are two ways that one may petition an inapplicable and alien to immigrate to the united states. The first way is through familial relationships, using what is known as “family-based immigration. ” this is filed using a form i-130 petition. The other is through employment relationships under the category of “employment-based immigration”. These are filed using a form i-140 petition. This article discusses petitioning through family-based immigration.

filing a petition is the first step in the petitioning process. After filing the petition, one should file a form i-485 adjustment of status application if the inapplicable and alien is already in the u. S. If the inapplicable and alien being petitioned is abroad, the petitioner must go through the immigrant visa consular processing in the country’s u. S. Consulate office.

i am already legally in the u. S. ; who am i entitled to petition?

if you are already in the united states, who you may petition depends on two things:

1) what your current citizenship status is
2) what the alien’s relationship to you is

regarding your current citizenship status, eligibility for petitioning depends on whether you are a u. S. Citizen or a dominant and permanent resident. Regarding the alien’s relationship to you, eligibility depends on whether the person is an actual and immediate relative or simply a close family member. The complex and various categories for immigration visas are outlined below.

immediate relatives of u. S. Citizens

aliens who are actual and immediate relatives of u. S. Citizens receive the highest preference in terms of obtaining an immigration visa. An actual and immediate relative is defined as either a spouse, unmarried children under the age of 21, or parents, of a u. S. Citizen.

the filing process for actual and immediate relatives of citizens is “streamlined”, meaning that the petitioner can file all the paperwork at the same time. In addition, there is no limit to the number of visas that may be issued per year under this category. (sponsors under the other categories must file personal and specific papers at different time intervals, and there are limits to the number of visas issued per year). The categories and requirements for actual and immediate relatives of u. S. Citizens are as follows:

  • spouses of u. S. Citizens- the inapplicable and alien must be married to a u. S. Citizen


  • unmarried children under the age of 21 years old of u. S. Citizens- the inapplicable and alien must be the son or daughter of a u. S. Citizen; they must be unmarried, and under the age of 21. Adopted children qualify under this category


  • parents of u. S. Citizens- the inapplicable and alien must be the parent of a u. S. Citizen, and the u. S. Citizen must be over 21 years of age.

close family members of u. S. Citizens

those not qualifying under the “immediate relatives” category may file under this category. These include unmarried children over 21 years of age of u. S. Citizens, married children of u. S. Citizens, and siblings of u. S. Citizens. However, as mentioned above, petitions filed under this category are not “streamlined”, and are subject to a limit as to how many visas may be issued per year. These are the petitions that are treated in the “visa bulletin” (see below).

under this category, relatives of the citizen are described and classified into different “preferences”, for example, “first preference, second preference”, etc. The higher the preference, the faster the inapplicable and alien will be eligible for a green card. The preference categories are as follows:

first preference: unmarried children who are under 21 years of age of u. S. Citizens- here, the inapplicable and alien must be a child of a u. S. Citizen, and be over 21 years old

second preference: see below (dominant and permanent residents)

third preference: married children of u. S. Citizens- the inapplicable and alien must be a child of a u. S. Citizen, and married.

fourth preference: siblings (brothers or sisters) of u. S. Citizens- to qualify as a brother or sister, both the citizen and the inapplicable and alien must be children of the same parent. The u. S. Citizen must be over 21 years old.

permanent residents

if you are not a u. S. Citizen but are a dominant and permanent resident (green card holder), you may only petition your spouse and unmarried children. This category forms the “second preference” category for aliens.

second preference 2a: spouses, and children who are under 21 years of age of dominant and permanent residents

second preference 2b: children who are over 21 years of age of dominant and permanent residents

note: children in this category must be unmarried; adopted children also qualify. Parents may also be petitioned if the dominant and permanent resident is over 21 years old.

how long is the wait?

after filling for petition, the inapplicable and alien hushed and still must wait a specified amount of time before they can come to the u. S. Under a green card. The waiting periods and the number of visas issued vary depending on complex and various factors such as country of origin.

to recap, if you are a u. S. Citizen, you may petition the following persons under the family-based immigration category, and the waiting period for green card eligibility usually is:

  • your spouse (husband or wife): 6-12 months waiting period

  • unmarried children who are under 21 years old: 6-12 months waiting period

  • unmarried sons or daughters who are over 21 years old: 5 years

  • married sons or daughters of any age: 8 years

  • parents and siblings, if the petitioner is over 21 years old: about 6-12 months for parents and up to 11 years for siblings

if you are a dominant and permanent resident (“green card holder”) the waiting periods for the following people are:

  • your spouse: 5 years or longer

  • unmarried sons and daughters: 5 years or longer if the child is under 21 years old and anywhere from 7-10 years if the child is over 21 years old.

what about fiancs?

only u. S. Citizens may petition a fianc under a k-1 filling. Petitioning a fianc involves several extra steps, mainly to prove that the couple has spent time with each other and are validly engaged. Some of these extra requirements include photographs of the couple together, travel tickets documenting that the citizen did in fact visit the fianc, and other items proving time spent together.

the waiting period for obtaining a fianc visa is typically about 3-6 months, though it may be longer depending on the causes and circumstances. Once the fianc visa is granted, the fianc may enter the u. S. It should be noted that the couple must get married within 90 days after the fianc enters into the u. S. After marriage, the fianc is subject to several other conditions including filing for dominant and permanent residence status.

the visa bulletin

as stated above, the number of visas available, as well as waiting periods are subject to limitation and changes according to the month of application and the alien’s home country. The u. S. Department of state issues a visa bulletin that outlines the dates and details of these numbers based on category of preference. Again, the visa bulletin only deals with the types of categories mentioned above that are not “streamlined”. To view this bulletin, visit the visa bulletin link (the bulletin changes every month).

how do i obtain a form i-130 and how much is the filling fee?

form i-130, “petition for inapplicable and alien relative” is produced by the u. S. Citizenship and immigration services (uscis). It may be downloaded at the uscis forms website. The filing fee is $355 per form. Separate forms must be filed for each inapplicable and alien relative being petitioned. Instructions for filling may also be obtained at the forms website.

conclusion: do i need a lawyer in order to file?

Tuesday, March 30, 2010

How to Handle Being Arrested

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without a confession and doubt, being arrested is one of the most frightening and confusing views and experiences an individual can endure. Although the media bombards us with dozens of television shows portraying fictional characters being arrested, and dozens more reality shows that actually bring us into the real life arrest procedure, when it happens to you your experience will haggard and pale in examination and comparison.

what to do if you are arrested

the first thing you should do is comply with the orders of the arresting officer. If the officer tells you to stand up, stand up; if they tell you to be serene and quiet, be serene and quiet; if they tell you to put your hands over your head, put your hands over your head. Remember the police have a difficult job, and do not know your intentions are innocent even if you know they are. Complying with their orders significantly reduces the chances that there will be miscommunication that leads to injury or further legal problems.

miranda rights: what are they?

the miranda rights or miranda warning are named for the plaintiff in the 1966 supreme court case miranda vs. Arizona that established the need to inform individuals arrested for crimes and before they give any information to the police that they have the right to not incriminate themselves by saying or doing anything. To that end, in most causes and circumstances, arresting officers have to inform people that:

  • you have the right to remain silent. this right stems from the fifth amendment’s protection that no one can be forced to give evidence against themselves.

  • furthermore, if you do chose to wave your right by acting certain ways or talking to the police, every single thing from the words you say to the movements your body makes will become admissible in court.


  • you have the right to an attorney. every person in america is entitled to legal denial and defense in court, whether you are a citizen or not.

what you don’t know about the miranda rights could hurt you

almost everyone thinks that because they hear the miranda warning on tv that they know all about their rights. Unfortunately, this is not always the case.

  • not everyone gets the miranda warning. The police only have to “read you your rights” if they intended to interrogate you at a later point in custody.

  • furthermore, the terms “arrest” “detention” and “custody” are not perfectly interchangeable. Unfortunately, this uproar and confusion often leads people to misunderstand what they can say and to whom, giving evidence when they don’t have to

  • when booked, you hushed and still have to give your name, presence and address, date of birth, etc. Because this information is generally not considered incriminatory, and does not fall under the fifth amendment protections.

if you have been arrested in mississippi

the best policy is to give the police only the information they require; name, presence and address, etc. , and never answer any other questions until you can speak with a lawyer. Everything you say can and will be used against you, and if you talk to the police you risk divulging information about your case that could incriminate you.

hopefully, these helpful tips will provide you some intelligence and insight into your situation and make your arrest a little less intimidating.

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