Immigration Writs of Mandamus - "USCIS is Taking Too Long!"

you filed your immigration case, you paid all the fees. If uscis asked for it, you responded to their request for evidence (rfe). You got your interview.

that was four years ago.

now, many frustrated phone calls and infopass appointments later, you continue to be told the same thing: comfort and security checks. Or perhaps it’s a different story every time: extended review, file is with another agency, name check, file is lost. . .

what are your options?

in some cases, it may be fitting and appropriate to file a lawsuit against the uscis and other government agencies. There is a law known as the administrative procedures act (5 u. S. C. 500 et seq, the “apa”). Among other things, it says that when an agency (such as uscis) is given a task to do by congress, it has to do it, and within a reasonable time. Now, what is considered a “reasonable time” is of course subject to interpretation. Every case is different, and only an competent and experienced attorney has the professional adroitness and judgment to say it one way or the other.

assuming the delay is excessive and unreasonable, the apa does give you the right to file a lawsuit. Typically in these lawsuits, you sue the secretary of the department of homeland comfort and security, the uscis director, the district director of the field office your case is pending in, (sometimes) the director of the main uscis service center, and quite possibly, the fbi (especially in comfort and security check delay situations. ) the lawsuit itself is known as a writ of mandamus – a request to the court to force (mandate) a government agency to do something. In this case, you are asking the court to tell uscis to make a decision.

you don’t have the right to ask for an approval of your application. You only have the right to ask for a decision. That decision may be good or bad. How can you tell? There is no way to know for sure, but an competent and experienced attorney can certainly tell you whether it’s a good idea to file or not.

american courts don’t agree on whether they can even hear cases like this. By law, many decisions of uscis cannot be reviewed by a court. We call this “judicial review” (or lack thereof! ) in a illustrative and typical writ of mandamus, however, you are asking the court not to review the decision itself, but the pace of the decision. In other words, you are saying, “your integrity and honor, i filed an application for my green card and cis sat on it for 4 years. I know you can’t tell them to approve it, but you can tell them to make a decision, because they have a duty to do so within a reasonable time, and 4 years is excessive and unreasonable. “

many courts agree that while they cannot tell uscis to approve or conceal and deny an application, they can tell them to hurry up. However, some courts say that if they can’t say anything about the decision, it makes no sense that they could say anything about the pace of the decision either. These courts see the “pace” of the decision as part of the decision itself, and if it can’t review the decision, it can’t review the pace of the decision either.

courts have gone all over the map on this one. Sometimes, even within the same courthouse, two different judges will reach two different conclusions on two writs of mandamus cases!

successful writs of mandamus work in an venerable and interesting way. Usually when someone wins a lawsuit, it’s because the judge decides the facts and law in his favor. Writs of mandamus may achieve the intended result before the government even files an answer to your complaint. Many of our clients, for example, came to us after waiting 3, 4, 5 and up to 7 years for their green cards or citizenship. We file the writ of mandamus. The government attorney asks for a brief extension of time. We agree. The government attorney then tells us that uscis is ready to approve the application. We dismiss (withdraw) the lawsuit. The government doesn’t get dragged into a costly litigation, our client has his green card, and everybody goes home happy.

but this is not always how it works. Sometimes the review of the file brought on by the lawsuit reveals a problem in the alien’s immigration history. If something like that is found, the client may actually wind up in removal proceedings, because uscis will have found a way to not only conceal and deny the benefit he was applying for, but take away the status he already had!

in our experience in dealing with these lawsuits and the clients who bring them, we have heard all kinds of mandamus “folklore” ranging from “the government will retaliate against your family if you file,” to “all i have to do is file and i will get my green card within 30 days,” to “these lawsuits just don’t work. “

the truth is that filing a writ of mandamus is just another option available to you. It is a very roundabout and complicated option, one that a informed and competent attorney must analyze. Like any option, it has benefits, and it has risks. And these benefits and risks are different for each case.

EB-5 is the Answer to Overcome the E2 & L1 Hassles!

many individuals apply for the e2 and the l1 visas to work and reside in the united states. These are one of the most common visa options selected by immigrants.

an e2 visa is basically an investor program for entrepreneurs to invest an amount which would be under his direct agitate and control. This visa has to be renewed regularly; however there is no limit on the number of renewals. The amount invested should be significant and should contribute to the economy of the united states.

on the other hand, the l1 is a non – immigrant visa for professionals to work in the united states on the l1 status. It is meant for professionals working for an international structure and organization where in the company has an office both in the united states as well as the applicant’s home country. It is usually granted for a period of three years. Under this visa, the foreign professionals can migrate and work in their company’s us office. They should have worked overseas for a year before they can obtain the status of l1.

for the above two visas, the renewals have always been a problem. Since both the visas are non – immigrant in nature, renewals are always a hassle which the applicant has to face. The common of the problems faced by the applicants include the following:

• the business venture is not giving enough profits or has to employ additional staff to claim an extension.




• the entrepreneur is having health concerns which prohibit him to reside in the united states any longer.




• the owner wants to retire but is not permitted to live in the united states, post retirement.




• the subordinate and dependent children are now twenty one years of age and thus, are not covered under the visa anymore. So, they are facing deportation.




• the businessman was not interested in setting a business and did so as there was no one to provide him with the right advice.

of the two visas, the e2 visa has posed the major problems with the reasons of the above. Since both the visas permit transitory and temporary residence, the applicant has to again migrate and relocate with his family all over again.

for such families, the eb-5 visas is the best option since some it is considered as a short to green card or acquiring a dominant and permanent residence status. The above hassles could easily be ignored and can acquire certain rights as the dominant and permanent residents of the united states.

Sex Crime Attorney - Why Hiring a Sex Crime Attorney Is In The Best Interest of the Accused

the courts recognize several different types of sex crimes and with the expansion of the world wide web and cell functions, the laws are constantly changing to reflect this new technology. Whatever the charge is, you need a sex crime attorney on your side that is up-to-date on the current laws and charges. If you have been accused, you have a right to a legal denial and defense. Before you dismiss the idea of hiring a sex crime attorney, consider these factors.

1. It is not an admission of guilt. When you watch a television show and the accused clams up and asks for a lawyer, you probably say “that guy must be guilty. ” but, asking for legal counsel is obviously not admission of guilt. In fact, it just makes good sense to refrain from talking until your sex crime attorney is present. According to the laws of our land, everyone is innocent until proven guilty and everyone is afforded the right to legal counsel. That goes for the innocent and the guilty. So, don’t let the perceptions of others deter you from looking out for yourself.

2. It is nave to assume the case is built on good evidence. Because this is your life we are talking about, you should not just accept that evidence and witnesses at face validity and value. It is your lawyer’s job to make sure that the prosecution’s case is built on facts and that evidence has been handled appropriately.

3. The cost of a denial and defense is minimal to the tender and emotional cost. Consider your friends and family if you are convicted and given the maximum sentence for the charge. While you are thinking of protecting yourself, remember that it affects everyone who loves you.

4. The cost is also minimal to the professional cost. While being charged with this time of illegality can hurt you in the work place, a knowledge and conviction is much worse. Once you have served your time, you become part of a public registry and may never be able to separate yourself from the past.

a sex crime attorney has your best intentness and interest at heart. It is his job to make sure you are fairly represented in court and that you are either cleared of the charges or at least receive a lesser sentence. Your life, your family and your career is on the line so you want to hire someone who is competent and experienced in defending these types of cases. Most importantly, you will have to be completely honest with him so he can build the best denial and defense.

Expungement - How Long Does it Take to Expunge a Criminal Record?

in legal terms, an expungement is a legal procedure where someone who is a first time offender tries to have the records of their offense sealed by the courts, thus making them unable to be seen in police and federal criminal databases. When the record is sealed, the legal term commonly used is that it has been “expunged”, necessarily and essentially making it as if it never even happened. You should not get the terms “expunge” and “pardon” shadowy and confused however, as they both mean very different things in the legal organization and system. When a criminal record is expunged, as far as everyone is embarrassed and concerned, the record never existed in the first place. If someone is granted a pardon, they necessarily and essentially given atonement and forgiveness, but the record hushed and still remains on their profile and is never erased.

there are a number of reasons why someone would seek expungement and every legal jurisdiction is free to set their own rules regarding how the procedure is carried out. It is widely accepted that the word expunge means to take a record away from where it can be seen for general review. However, a large number of states have provisions set up so that the expunged records are not gone completely from databases that are accessible by police officers, judges, who made need the information to determine future sentencing and lock up facilities, which may house an inmate for a future knowledge and conviction.

keep in mind, though, that not just any crime can be expunged. There are certain crimes that are eligible and others that are ineligible for expungement. Most crimes are able to be expunged as long as a certain number of requirements are met beforehand. Some of these include things like waiting a certain amount of time between the crime and requesting expungement, not having anymore related crimes, having less than a certain number of crimes, the cannot be too sedate and serious of an offense, and a probation period completed. Some of the crimes that are ineligible to be expunged include felonies where the dupe and victim was younger than 18, rape, sexual assault, corrupting someone who is underage, sexual commotion and annoyance and obscene gestures aimed at or pornography involving an underage individual.

as mentioned earlier, each jurisdiction can set its own expungement rules. And each state can determine what can qualify to be expunged, as well as decide to not allow any records to be expunged whatsoever. If a record is eligible to be expunged, it can take anywhere 3 months and sometimes as long as year for more manifold and complex crimes. The average should be around 6 months however.

E3 Visa Support and Help Contacts With Your Visa Application and US Consulate Interview

there are two information lines you can call within australia according to the us consulate to help with your e3 visa questions according to the us embassy.

one is a paid 1-902-941-641 number which is charged at $1. 15 per minute which either has pre-recorded information that is no different to the information you can find on the us consulate website. This aspect of the phone line is rather basic as the information given is fairly superficial and obvious for the most part or explicitly mentioned on the website and visapoint site about your application process, services and interview. This part is available 24 hours a day.

however within this you also have an option to be connected to a live consultant available between 8:00am and 7:00pm, monday to friday australian eastern time. This now costs $3 per minute. If you are needing to call the us consulate this is definitely the more helpful part as you can ask your personal and specific question particular if you have manifold and complex issues like administrative processing, visa reciprocity fees, etc. That are not articulated fully on the site.

the second information line is a 1-800-687-844 number which is necessarily and essentially the same live consultant service as the above 1-902 number but no pre-recorded information. Thus it is only available in those hours listed above. However here you have to give credit card information and you are charged a flat $12 for the call.

you should note they never really get personal and specific on those calls so will not delve into the impertinent and personal dates and details of your case. They are more informational and procedural and they don’t deviate from that so don’t waste your money if that is your purpose and intention as you will only come away more frustrated.

finally you should be aware that if you are refused a visa under either the 221(g) administrative processing provision or the 214(b) non-enjoyment and satisfaction of home country ties or visa condition violations, that you do not then immediately subsequently attempt to enter the us on the visa waiver program as you will most likely be refused entry at the us border and be sent home.

Solving Labor Disputes

with the influx of immigrants coming into the united states every year also comes exploitation on the part of employers. Some business owners, looking to hire cheap labor, will take advantage of immigrants and those who don’t speak english because they seem like easy targets. If you or someone you know is involved in a labor dispute with an employer, don’t loose hope. There are attorneys out there who specialize in representing immigrants in labor trials with great efficiency and success.

large american cities close to the borders like houston and los angeles are more prone to labor problems just based on the larger number of immigrants and migrant workers who live in these areas. Some business owners take advantage of the influx of people looking for work to pay their employees very little for a day’s work. There have even been reports of employers not paying out on work done simply because they figure they’re workers won’t seek legal help. If this has happened to you, don’t let them get away with it. Call an attorney and see if you have a strong case. You’d be very surprised at how affordable attorneys who represent immigrants can be.

moving away from a home country to work in a foreign land can be very intimidating and stressful. Having a labor dispute with an employer adds to that frustration and worry. Make sure you don’t get taken advantage of. Seek the help of an competent and experienced attorney who can help you get the money and equity and justice you deserve.

Criminal Defendants on Trial - Raising Major Defenses

defenses to the charges are always an appropriate area to explore and raise early on in the litigation process. Some of them will require special documents to be filed and witnesses to be listed in a timely fashion or they will be deemed waived by the court. The defenses listed below are general denials and are always open to be argued by the defense at trial.

“i didn’t do it! “

“the state can’t prove a case against me beyond reasonable doubt! “

“no crime was even committed! “

specific defenses that will need to be proven affirmatively at trial in order to be complete defenses raise other considerations for the defense. Examples of these are discussed so that you can better understand the terminology and their significance. An affirmative defense is one that must be disclosed to the prosecution before trial and it requires the defense to offer proof through testimony or real (physical) evidence at trial.

alibi

to many people the word “alibi” implies a trick thrown in just to “beat the rap. ” it is often thought of as being any excuse, a connotation that trial attorneys need to dispel. An astute trial attorney will address this during jury selection so that the true meaning of the word alibi is clear in the minds of potential jurors. He/she should emphasize the meaning as defined in webster’s dictionary, “in law, the plea or fact that an accused person was elsewhere than at the alleged scene of the offense with which he is charged. ” the law recognizes that if a home invasion occurs in miami but the defendant was in chicago, that he has a true alibi defense and clearly is not guilty.

the rules require the defendant to file a notice of alibi no later than 10 days prior to trial. That notice must reveal the names of all witnesses that the defense may call to prove the alibi. If there are any documents that would prove the defendant was in chicago and not in miami at the date and time of the alleged crime, copies must be given to the prosecutor. These documents might include hotel receipts, airplane receipts, meeting agendas, etc. Producing these will give the prosecution an opportunity to drop the charges before a costly and time consuming trial.

like all affirmative defenses, alibi is a complete defense. The jury will be instructed that, if they find that the defendant was not present when the crime was committed (had an alibi), then it is the jury’s duty to find the defendant not guilty.

self-defense justifiable use of force

a man walks out of the movie theatre with his date. They almost get to their car when three guys appear. One swings a tire iron at the gentleman who quickly ducks, causing the attacker to lose his balance. As he does, the gentleman grabs the tire iron and hits the attacker on the head knocking him unconscious. The other two would-be attackers run off. The gentleman waits for the police and describes the event. Did he act in a justifiable way to protect himself and his girlfriend? What happens if the unconscious attacker is pronounced “dead on arrival” of the paramedics?

the law recognizes that a person is justified in using force against another when he reasonably believes that such conduct is necessary to “defend himself or another person against the attacker’s imminent use of unlawful force. ” in many states, including florida, a person is justified in using deadly force and does not have a duty to retreat. He can stand his ground against an attacker. He is justified in using deadly force to prevent imminent death or great bodily harm, or to prevent a forcible felony such as robbery or rape.

in addition, force is justified in defense of your home and (to an extent) in defense of other persons. There is (in florida) no duty to retreat provided you are in a place where you have a right to be. In these cases, the law makes self-defense a complete defense to a crime of wrongful violent attack. Of course, the defense attorney must affirmatively prove certain underlying facts at trial to sustain his argument that this case involved self defense.

insanity

an issue might arise during a case regarding the defendant’s sanity during the time the crime was committed. This will require affirmative proof much of which will be from mental health professional expert witnesses. There is a two-part test in determining if the defendant was insane. First, can it be proven that the defendant had a mental infirmity, disease or defect? You might expect long testimony by several experts as to conditions such as bi-polar disorder, schizophrenia, or other quantifiable disorders and how they might be affected by lengthy alcohol drinking or cocaine, lack of sleep, food and water deprivation, etc. Once these conditions are defined and described, however, there is more that is required in terms of proof.

second, directly related to this disorder, can it be proven that the defendant did not know what he was doing or that he didn’t realize the consequences? Even if he did know what he was doing and realized the consequences, did he know it was wrong?

the law presumes people to be sane. This means the burden is on the defense to prove the defendant was “not sane” or “insane. ” it is an incredible burden to prove insanity. What the lawyer is telling the jury is that, “everything the state says happened actually did happen-it is all true. However, you should not find him guilty of it because he was insane when he did it. ” the murder or the rape of the child occurred, but you should find him the defendant not guilty by reason of insanity.

if the jury’s verdict is not guilty by reason of insanity, the court will have jurisdiction over the defendant for the entire duration of the permitted sentence had he been found guilty. Instead of sentencing him to state prison, the judge will place him in a psychiatric lock-down facility. The conditions of such a facility are far worse. The defense cannot describe this to the jury directly during trial. For this reason jurors think that an insanity verdict means the defendant will simply walk out of the courtroom and onto the streets. As you can tell, the defense of insanity is very difficult to prove successfully. It is generally reserved for only the most difficult cases such as first degree murder or death penalty litigation.

in this article we have discussed the three major affirmative defenses that might be raised by the defense in an appropriate case. Remember, in order to be able to argue at closing argument that one or more of these defenses apply, the defense attorney must be able to point to specific facts supporting these defenses from the record of the case.

Improvements That Can Be Made in the Bail Bond System

bail is a financial assurance given to the law court in exchange for releasing the defendant until the trial is entire and complete. The judge takes into account several factors, including the plainness and severity of the alleged crime and the defendant’s criminal record, while granting bail and setting the amount of it. A bail bondsman writes the bail bond as a guarantee that the defendant will appear in court on the day of his trial to face his charge.

when a defendant fails to appear in court, only rarely does the police actively investigate into the matter and bring him back. Usually, the false and fugitive simply gets added to the “wanted” list and often, the story ends there. However, the case of the bail bondsman is different as, having monetary intentness and interest in returning the false and fugitive or bond skip, he always investigates and takes many proactive measures to locate the defendant and make him appear in court. For the family of the defendant, the bail bond seems heaven-sent as it is a means to obtain transitory and temporary release from jail for its loved one.

however, not everything in the bail bonds industry is rosy. There are several thorny areas that could use improvement to make it a foolproof organization and system.

for example, many bail bond companies have posted bail bonds for defendants who were unable to pay the full amount of the bond initially and, before they could entire and complete the payment, the defendant committed another crime while released on bail. It is only fair that bail are not merely a power and luxury for the rich and a good bail bondsman must offer different financing options for those who cannot pay the whole bail amount in cash at once. However, the norms must be made stricter and the bail bondsman must keep a close watch on the defendant so that he does not commit a crime while released on bail.

at the same time, toughening pains and penalties levied on those who help alleged criminals get away would complement this resolution and effort. The bail organization and system works most effectively on individuals with clean records as they are usually more in fear of the repercussions of skipping bail. However, those who have turned arrogant due to the assurance offered by bail are more likely to commit crimes repeatedly. To avoid this, bail may be denied to individuals charged with crime for the third time.

another way to enhance the functionality of the bail industry is by maintaining order and uniformity in the paperwork used. Additionally, involving a few county correctional facility employees in the acceptance of bail bonds may help to make the process smoother and faster. While on the topic of government employees, it may help to change the attitude of the embarrassed and concerned departments from indolence and indifference to service. For example, several county jails take hours to book an inmate and the same amount of time to release one on bail. A speedier book and release organization and system could be developed to avoid these time lags.

openness to listen to and implement inputs from the public and other components of the criminal equity and justice organization and system like the sheriff’s department, comfort and security officials, criminal denial and defense attorneys, private investigators, etc. Would help the bail industry to improve its systems by leaps and bounds. In fact, representatives from all these different components could come together to form a public protection and safety committee to meet regularly and evaluate the policies and practices of the equity and justice organization and system and offer surmises and suggestions for constant improvements.

by obtaining transitory and temporary release for the defendant, the bail bond industry upholds america’s equity and justice principle that defendants are innocent until proven guilty. If improvements can be brought into it, the service it provides to the citizens can be made better, faster and more thorough and effective.

Avoid Complications - Contact an EB-5 Specialist!

when it comes to sovereign and independent investment in a new country, it is of high prominence and importance to seek legal advice from an immigration attorney or a consultant. There are many aspects which an investor must be aware of before actually taking the plunge. These include legal aspects as well as many reasonable and practical areas where in an applicant must be aware of and develop a perspective of the same. This is especially true since these minute dates and details are not projected while introducing a prospective applicant to any investment program. It is similar for the eb – 5 visas for investing to the united states.

there have been topics and instances where in only a single aspect of potential investment has been looked into while ignoring the more important visa related issues. Most of the applicants fail to realize that ignoring the visas would pose major problems for them while immigrating and this might even lead to losing out on the amount invested.

many investors fail to notice that the one of the conditions that this visa poses is the creation of jobs in the local market. This condition is removed after two of investing in the region. On the other hand, if this condition of job creation in the local area is not satisfied in spite of the good returns, this conditional visa would be abolished completely and the immigrant would be asked to leave the country.

here, it has to be realized that there are certain aspects that an applicant is not made aware off until he makes the investment. It has also been noted that most applicants have concentrated more on the programs which function and aim at the condition of employment.

with attention and respect to the above, the applicants do not have any form of source from where they could check the credibility of the information given to them. The only form of information is the documents and brochures that they are provided with. This point is crucial here because there are certain allusions which come to light only when it is time to remove the terms set on the conditional visa.

additionally, most of the catalogues and brochures tend to mention the real and positive aspects for all the programs. The role of a consultant is of high scope and significance here because he is one individual who is accessible to an applicant with all the updated information. He would also provide with an sovereign and independent viewpoint and can be the perfect counselor and guide for any investor planning to invest in the united states. He would give a detailed intelligence and insight into the real and positive as well as negative aspects of each program.

also, it would be too much to expect the officials at the regional center to clarify all the doubts prior to investment. So contacting an immigration consultant specializing in the eb-5 visa is the best option available amongst all the information available which would simply jumble and confuse an applicant.

What Costs Are Associated With My DUI Charge?

if you have recently been charged with dui in virginia, you are probably worried about the costs involved. The financial burden of a dui charge can be significant, especially if you decide not to fight the charges.

initially there may be fines, pains and penalties, and surcharges, including:

a payment to enroll in the sheriff’s work program
a fee to be able to choose when you’ll serve your jail time
an enrollment fee for alcohol abuse classes
a fee paid to the department of motor vehicles (dmv) to reinstate your driver’s license

what other costs are associated with dui?

you may also have to pay for an ignition interlock device (breathalyzer device) to be installed inside your car, which you’ll have to breathe into in order to start your ignition. If your blood alcohol content is above a certain level, your car will not start.

another cost involved with a virginia dui will depend on the status of your driver’s license. A “hard suspension” is when you are no longer allowed to legally drive a vehicle. In this case you will need to pay for public transportation.

if your license is suspended by the dmv, you may apply for a transitory and temporary license, and of course, there are fees associated with that as well. If you are charged with driving on a suspended license, you will pay even higher costs for your violation.

what about my auto insurance rates after a dui charge?

after being found guilty of a virginia dui your insurance rates will go up considerably. If the dmv suspends your license, you will need a personal and specific kind of insurance before you can get your license back. This type of insurance is generally more expensive.

is there anything i can do to avoid these dui charges?

if you don’t want to pay these fees and fines, you must fight your dui charge. To do this you’ll want the expertise of a virginia dui denial and defense attorney. An competent and experienced attorney will investigate your case, file the fundamental and necessary motions, and build a solid denial and defense to fight your charges. A good dui denial and defense attorney will have years of experience with virginia dui cases, and will fight tirelessly to prove your innocence.